Tourism, Infrastructure & Energy Subcommittee, Florida House of Representatives (2021-02-17)

Summary

A meeting packet for a Florida legislative subcommittee on tourism, infrastructure and energy, containing staff analyses and bill texts for the 2021 session. One analysis covers a bill providing that local or regional governmental entities procuring certain contractual services may not exclude vendors holding a valid certificate or license under ch. 489, F.S., for solicitations issued on or after October 1, 2021. The same analysis covers raising the weight limit for personal delivery devices on sidewalks from 80 to 550 pounds, excluding cargo. The packet also includes HB 905 and HB 353, which would let a person ride a bicycle without a seat if the manufacturer designed it that way, effective July 1, 2021.

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

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Effect of the Bill

The bill provides that a local or regional governmental entity’* procuring certain services via a
competitive solicitation’® 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'® 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 (PDD) is an electrically powered device that:
e ls operated on sidewalks and crosswalks and intended primarily for transporting property;
e Weighs less than 80 pounds, excluding cargo;
e Has a maximum speed of 10 miles per hour; and
e Is equipped with technology to allow for operation of the device with or without the active control
or monitoring of a natural person."”

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

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

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

4 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.

'5 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.

'© 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.

'"S 316.003(56), F.S.

9S. 316.0271(2), F.S.

20'S. 316.2071(3), F.S.
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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

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.?? 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.”°

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.” 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

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:
e Asameans of indicating a right or left turn, to change lanes, or to indicate that the vehicle is
lawfully stopped or disabled upon the highway;
e When a motorist intermittently flashes his or her vehicle’s headlamps at an oncoming vehicle
notwithstanding the motorist’s intent for doing so; and
e For certain lamps authorized in statute, which may flash, including various types of emergency
vehicles.?’

With the exception of funeral processions,”* 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), FS.

3S. 316.2397(5), F.S.

24 MUTCD, Section 6F.60, available at https://mutcd.fhwa.dot.gov/pdfs/2009r1 r2/mutcd2009r1r2edition.pdf (last visited December
14, 2020).

25 MUTCD, Section 1A.13 definition of “warning light.”

76 MUTCD, Section 2B.13.

27S, 316.2397(7), F.S.

28S 316.1974(3)(c), F.S.
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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.7°

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.*°

DOT may enter into no more than $120 million in contracts annually for the purposes of innovative
transportation projects.*’ This annual cap on contracts for innovative transportation projects does not
apply to:

e Turnpike enterprise projects.

e Transportation projects funded by the American Recovery and Reinvestment Act of 2009.*4

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.** DOT, by rule,** must
adopt procedures for administering design-build contracts, including certain statutorily required
requirements and procedures.*°

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

2° Department of Highway Safety and Motor Vehicles, Florida Driver Handbook, available at:
https://www3.flhsmv.gov/handbooks/englishdriverhandbook.pdf (last visited December 14, 2020).
30S. 337.025(1), F.S.

22 §, 337.025(2), F.S.

33 §. 337.11(7)(a), F.S.

34 DOT’s rules regarding design-build contracts are codified in Rule 14-91, F.A.C.

35 § 337.11(7)(b), F.S.
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2009. The bill provides the annual cap on contracts does not apply to low-bid design-build milling®® 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.°”

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.*®

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.*°

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.*°

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 §, 337.14(1), F.S. DOT’s rules regarding qualifications to bid are contained in Rule. 14-22, F.A.C.

39 Id.

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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.*'

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.*?

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,** or his or her affiliate** qualified with DOT may not also qualify to
provide testing services, or construction, engineering, and inspection (CEI) services to DOT.*° This
limitation does not apply to any design-build prequalification*® 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.*’

In 2019, the Legislature passed HB 905,*8 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.*® 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.°°

“®R, 14-22.003, F.A.C.

43 Section 337.165(1)(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.

“4 Section 337.165(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 of a 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.

5S, 337.14, F.S.

*© Design-build prequalification is pursuant to s. 337.11(7), E.S.

“7 DOT Topic No.: 375-030-006-c, Conflict of Interest Procedure for Department Contracts. (August 2008)

8 Ch. 2019-153, L.O.F.

‘4° Email from Darrick McGhee, Florida Airports Council, Re. HB: 1441-Airport Contracts. (Jan. 21, 2020).

5° Email from Darrick McGhee, Florida Airports Council, Re. House Bill: 1441-Contracted Airport Projects. (Feb. 1, 2020).
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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*' for additional compensation arising out of construction and maintenance contracts between
DOT and its various contractors.°

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.

The board is composed of three members: one member is appointed by the head of DOT;** 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.°°

An arbitration hearing may be requested by DOT or by a contractor who has a dispute with DOT which,
under the board’s rules,°* 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.°’

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.*°

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

5! 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 §. 337.185(1), F.S.

3 §, 337.185(1), F.S.

54 The head of DOT is the Secretary of Transportation.

3S. 337.185(2), F.S.

6 Current State Arbitration Board procedures are available at: https://cdn.ymaws.com/ftba.site-
ym.com/resource/resmgr/website files/arbitration board/1 1-19-20 State Arbitration _B.pdf (last visited December 22, 2020).
7 §. 337.185(3), F.S.

58'S, 337.185(4), F.S.
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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.*°

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.®°

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.*'

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:
e $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.

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.*

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 § 337.185(5), F.S.
69 § 337.185(6), F.S.
6! § 337.185(7), F.S.

3 §. 337.185(9), F.S.
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by the board pursuant to this provision is final if a request for a trial de novo is not filed within the time
provided by Rule 1.830, Florida Rules of Civil Procedure.® 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.® 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.®’

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.

* A trial de novo refers to a new trial on the entire case and is conducted as if there had been no trial in the first instance.
https://definitions.uslegal.com/t/trial-de-novo/ (last visited December 22, 2020).

§5 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 in s. 44.104(10), F.S.

6 Ch. 90, F.S.

67 In Florida law, this is often referred to as via “communications media technology.”

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Resource Extraction Reclamation Act

Current Situation

Federal Law

The Federal Mine Safety and Health Act of 1977,°* 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.®°

The Occupational Safety and Health Act of 1970’° (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.”

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.”

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,” which prohibits an
operator” 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 anew
mine’® without notifying the secretary of the Department of Environmental Protection (DEP) of the
intention to mine.”® 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.””

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 by s. 378.803, F.S., for
any new surface area disturbed at such mines.”®

68 Pub. L. 91-173 as amended by Pub. L. 95-164

6° 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).

7 Pub. L. 91-596

"| United States Department of Labor, Mine Safety and Health Administration, Interagency Agreement Between the Mine Safety and
Health Administration and the Occupational Safety and Health Administration.

” Id. For purposes of the federal interagency agreement, the term “borrow pit” means an area of land 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 of a 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.

® §.378.401, F.S.

™ S. 378.403(13), F.S., defines the term “operator” as any person engaged in an operation.

® Section 348.403(10), F.S., defines the term “mine” as an area of land 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.

7 §. 378.801(1), F.S.

7 §. 378.801(2), F.S.

8S. 378.802, F.S.
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Section 378.803, F.S., provides the following performance standards for the reclamation of other
e Reclamation must achieve the stormwater, drainage, wetlands, and other surface and
groundwater requirements of DEP and the appropriate water management district.
e 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.
e Provisions for safety to persons, wildlife, and adjoining property must be provided.
e 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.
e Reclamation must be designed to avoid the collection of water in pools which are, or are likely to
become, noxious, odious, or foul.
e 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.
e 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 in s. 378.801, F.S., must meet the performance standards provided by s. 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.

” 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.
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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.

ll. 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. °° 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.

8° Under current law, board members who are DOT employees may not receive additional compensation for service on the board.
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lll. 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.

B. 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,”®' and the state has rules®?
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.

5! 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.

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FLORtIODA H O US E O F REP RES EN TATIV ES

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 certain
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 provisions 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 certificate of qualification; providing
20 construction with respect to submission and approval
21 of an application for such certificate; exempting
22 airports from certain restrictions regarding entities
23 performing engineering and inspection services;
24 amending s. 337.185, F.S.; revising and providing
25 definitions; revising requirements for arbitration of

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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
3 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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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:
713 287.05705 Procurements of road, bridge, and other

74) specified public construction services.—

715 (1) With respect to competitive solicitations for the

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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 (bo) Weighs less than 550 86 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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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
110| show or display blue lights when responding to emergencies.

lil (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 (bo) 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 periods of extreme low visibility on roadways

119) with a posted speed limit of 55 mph or higher; and

120 (d)+e}+ For the lamps authorized under subsections (1),
121 (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| display 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 skaiit not apply to:

163 (a) Turnpike enterprise projects;—and tusnpiteenterprise
164

165| eap.
166 (bo) Low-bid design-build milling and resurfacing contracts

167
168
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-oneontracts—_in_exeess_o£f $50 -mitiieon 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—teatest
206] within the immediately preceding tast 12 months. The department

207] may not consider any financial information of the parent entity

208| of the applying contractor, if any. The department may not

209) certify as qualified any applying contractor that fails to

210] submit the audited, certified financial statements required by

211} 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 p¥ier-te the date on which
214| the application is received by the department, the applicant

215 must also submit apn interim audited, certified financial

216] statements prepared in accordance with generally accepted

217) accounting principles and auditing standards by a certified

218} public accountant licensed in this state or another state

219

220| interim financial statements statement must cover the period
221 from the end date of the annual statement and must show the

222 financial condition of the applying contractor no more than 4
223] months before pretex—te the date that the interim financial

224 statements are statements 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. Baeh-required anntueat

230| By -the-epinicn—efaceertified publbieeecountant. 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 skealit 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 or s. 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
ALO 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

ZAD 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 in s. 311.09 or an airport as

283| defined in s. 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 arising

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

331] 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.

337) Presentation of testimony and evidence shall be kept to a

338] minimum, and matters shall be presented to the arbitrators

339| primarily through the statements and arguments of counsel. The

340} board shall address the scope of discovery, presentation of

341] testimony, and evidence at a preliminary hearing by considering

342| the size, subject matter, and complexity’ of the dispute. Any

343} party 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-year 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

381] shall pay a filing fee to the board, according to a schedule

382] established by the board, of:

383 (a) Up to $500 for a claim that is $25,000 or less.

384 (ob) 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
387] 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) Up to $3,000 for a claim that is more than $200,000
391} but is $300,000 or less.

392 (f) Up 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 may 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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hb0057-00
FLORIDA H OU S E O F REPRESENTATIVES

HB 57 2021

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 mine
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 mine without notifying the
421| secretary of the intention to extract mime.

422 (2) The operator's notice of intent to extract mine shall
423] consist of the operator's estimated life of the extraction

424| location mire and the operator's signed acknowledgment of the

425| performance standards provided by s. 378.803.

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FtLORIODA HO US E O F REPRESENTATIVE §

HB 57 2021
426 Section 10. Section 378.802, Florida Statutes, is amended
427 to read:
428 378.802 Existing extraction locations mires.—After January
429} 1, 1989, all operators of existing locations mines for the
430| extraction of resources as described in s. 378.801 shall meet
431} the performance standards provided by s. 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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hb0057-00
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.
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.

Provides legislative intent regarding safety.

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.

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.

Provides exceptions.

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.
Provides that a violation is a moving violation and provides for points on
the violator’s driver's license.

Provides for the distribution of fine proceeds to the Emergency Medical
Services Trust Fund within the Department of Health.

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.
Oa NA DW oO F&F W NY HF

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

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 _

Committee/Subcommittee hearing bill: Tourism, Infrastructure &

Energy Subcommittee

Representative Andrade offered the following:

Amendment (with title amendment)

Remove everything after the enacting clause and insert:

Section 1. Section 287.05705, Florida Statutes, is created
to read:

287.05705 Procurements of road, bridge, and other

specified public construction services.—

(1) With respect to competitive solicitations for the

procurement of contractual services that are limited to the

classes of work for which the Department of Transportation

issues certificates of qualification pursuant to s. 337.14,

which services do not involve the construction, remodeling,

repair, or improvement of any building, a governmental entity

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

procuring such services may not prohibit a response from a

vendor possessing a valid certificate of qualification under s.

337.14 or license under chapter 489 corresponding to the

contractual services being procured.

(2) This section applies to all competitive solicitations

issued by a governmental entity on or after October 1, 2021.

Section 2. Paragraph (b) of subsection (56) of section
316.003, Florida Statutes, is amended to read:

316.003 Definitions.—The following words and phrases, when
used in this chapter, shall have the meanings respectively
ascribed to them in this section, except where the context
otherwise requires:

(56) PERSONAL DELIVERY DEVICE.—An electrically powered
device that:

(b) Weighs less than 550 $98 pounds, excluding cargo;

A personal delivery device is not considered a vehicle unless
expressly defined by law as a vehicle. A mobile carrier is not
considered a personal delivery device.

Section 3. Subsection (10) of section 316.2397, Florida
Statutes, is renumbered as subsection (12), subsections (2) and
(7) are amended, and new subsections (10) and (11) are added to
that section, to read:

316.2397 Certain lights prohibited; exceptions.—

(2) It is expressly prohibited for any vehicle or

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

equipment, except police vehicles and road construction

equipment specified in subsections (10) and (11), to show or

display blue lights. However, vehicles owned, operated, or
leased by the Department of Corrections or any county
correctional agency may show or display blue lights when
responding to emergencies.

(7) Flashing lights are prohibited on vehicles except:

(a) 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;

(b) When a motorist intermittently flashes his or her
vehicle's headlamps at an oncoming vehicle notwithstanding the
motorist's intent for doing so;

(c) During periods of extreme low visibility on roadways

with a posted speed limit of 55 mph or higher; and

(d)+e}+ For the lamps authorized under subsections (1),

(2), (3), (4), and (9), 8. 316.2065, or s. 316.235(6) which may

(10) Paving machines or compaction rollers within a work

zone area on roadways with a posted speed limit of 55 mph or

higher may show or display flashing blue lights while performing

paving operations or where a hazard exists.

(11) Under the direction of a law enforcement officer,

portable radar speed display units in advance of a work zone

area on roadways with a posted speed limit of 55 mph or higher

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Amendment No. 1

may show or display flashing red and blue lights when workers

are present.

Section 4. Section 337.025, Florida Statutes, is amended
to read:

337.025 Innovative transportation projects; department to
establish program.—

(1) The department may establish a program for
transportation projects demonstrating 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. Such 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 those
techniques that have the potential to reduce project life cycle
costs. To the maximum extent practical, the department must use
the existing process to award and administer construction and
maintenance contracts. When specific innovative techniques are
to be used, the department is not required to adhere to those
provisions of law that would prevent, preclude, or in any way
prohibit the department from using the innovative technique.
However, before using an innovative technique that is

inconsistent with another provision of law, the department must

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COMMITTEE/SUBCOMMITTEE AMENDMENT

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

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 shait not apply to:

99 (a) Turnpike enterprise projects;7—and ¢usnpite—entesprise

101
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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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Bill No. HB 57 (2021)
Amendment No. 1

organizational personnel of the applying contractor which are
necessary to perform the specific class of work for which the

contractor seeks certification. Any contractor who desires to

bid on contracts in excess of $50 million and who is not

qualified and in good standing with the department as of January
1, 2019, must first be certified by the department as qualified

have satisfactorily completed two projects, each in excess of

$15 million, for the department or for any other state
department of transportation. The department may limit the
dollar amount of any contract upon which a contractor is
qualified to bid or the aggregate total dollar volume of
contracts such contractor is allowed to have under contract at
any one time. Each applying contractor seeking qualification to
bid on construction contracts in excess of $250,000 shall
furnish the department a statement under oath, on such forms as
the department may prescribe, setting forth detailed information
as required on the application. Each application for

certification must be accompanied by audited, certified

financial statements prepared in accordance with generally

accepted accounting principles and auditing standards by a

certified public accountant licensed in this state or another

state. The audited, certified financial statements must be for

the applying contractor and must have been prepared he tetest

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

within the immediately preceding test 12 months. The department

may not consider any financial information of the parent entity

of the applying contractor, if any. The department may not

certify as qualified any applying contractor that fails to

submit the audited, certified financial statements required by

this subsection. If the application or the annual financial

statement shows the financial condition of the applying
contractor more than 4 months before priexr—te the date on which
the application is received by the department, a reviewed

interim financial statement or an interim audited, certified

financial statement prepared in accordance with generally

accepted accounting principles and auditing standards by a

certified public accountant licensed in this state or another

state may be requested by the department statement—ancd-an
updated _appiieation_mustbesubmitted. The interim financial

statements, if requested, stetemernt must cover the period from

the end date of the annual statement and must show the financial
condition of the applying contractor no more than 4 months
before petexr-teo the date that the interim financial statements
are statement—+s received by the department. However, upon the
request of the applying contractor, an application and
accompanying annual or interim financial statement received by

the department within 15 days after either 4-month period under

this subsection shall be considered timely. Haeh—required-—anntat

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

bythe—opinien_ofaeertified publie—aceounteant An applying
contractor desiring to bid exclusively for the performance of
construction contracts with proposed budget estimates of less
than $1 million may submit reviewed annual or reviewed interim
financial statements prepared by a certified public accountant.
The information required by this subsection is confidential and
exempt from s. 119.07(1). The department shall act upon the
application for qualification within 30 days after the
department determines that the application is complete. The
department may waive the requirements of this subsection for
projects having a contract price of $500,000 or less if the
department determines that the project is of a noncritical
nature and the waiver will not endanger public health, safety,
or property.

(4) If the applicant is found to possess the prescribed
qualifications, the department shall issue to him or her a
certificate of qualification that, unless thereafter revoked by
the department 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 the department prescribes. Submission of

an application and subsequent approval do shet' not affect

expiration of the certificate of qualification, the ability

factor of the applicant, or the maximum capacity rating of the

applicant. If the department finds that an application is

incomplete or contains inadequate information or information

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

that cannot be verified, the department may request in writing
that the applicant provide the necessary information to complete
the application or provide the source from which any information
in the application may be verified. If the applicant fails to
comply with the initial written request within a reasonable
period of time as specified therein, the department shall
request the information a second time. If the applicant fails to
comply with the second request within a reasonable period of
time as specified therein, the application shall be denied.

(7) A "contractor" as defined in s. 337.165(1)(d) or his
or her "affiliate" as defined in s. 337.165(1) (a) qualified with
the department under this section may not also qualify under s.
287.055 or s. 337.105 to provide testing services, construction,
engineering, and inspection services to the department. This
limitation does not apply to any design-build prequalification
under s. 337.11(7) and does not apply when the department
otherwise determines by written order entered at least 30 days
before advertisement that the limitation is not in the best
interests of the public with respect to a particular contract
for testing services, construction, engineering, and inspection
services. This subsection does not authorize a contractor to
provide testing services, or provide construction, engineering,
and inspection services, to the department in connection with a
construction contract under which the contractor is performing

any work. Notwithstanding any other provision of law to the

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

contrary, for a project that is wholly or partially funded by
the department and administered by a local governmental entity,

except for a seaport listed in s. 311.09 or an airport as

defined in s. 332.004, the entity performing design and

construction engineering and inspection services may not be the
same entity.

Section 6. Section 337.185, Florida Statutes, is amended
to read:

(Substantial rewording of section. See

s. 337.185, F.S., for present text.)

337.185 State Arbitration Board.—

(1) To facilitate the prompt resolution of claims arising

out of or in connection with a construction or maintenance

contract with the department, the Legislature has established

the State Arbitration Board, referred to in this section as the

(2) As used in this section, the term:

(a) "Claim" means 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 with the department and could not be resolved by

negotiations between the department and the contractor.

(b) "Contractor" means a person or firm having a contract

for rendering services to the department relating to the

construction or maintenance of a transportation facility.

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

(c) “Final acceptance" means that the contractor has

completely performed the work provided for under the contract,

the department or its agent has determined that the contractor

has satisfactorily completed the work provided for under the

contract, and the department or its agent has submitted written

notice of final acceptance to the contractor.

(3) Every claim in an amount of up to $250,000 per

contract that could not be resolved by negotiations between the

department and the contractor shall be arbitrated by the board.

An award issued by the board pursuant to this subsection is

final and enforceable by a court of competent jurisdiction.

(4) The 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 by the board pursuant to this subsection

is final if a request for a trial de novo is not filed within

the time provided by Rule 1.830, Florida Rules of Civil

Procedure. 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. 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

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COMMITTEE/SUBCOMMITTEE AMENDMENT

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

267| competent jurisdiction.

268 (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 after 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 reguest. 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| may 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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Bill No. HB 57 (2021)
Amendment No. 1

the board do not agree, the award agreed to by the majority of

the board shall constitute the award of the board.

(8) The board shall be composed of three members. The

first member shall be appointed by the Secretary of

Transportation, and the second member shall be elected by those

construction or maintenance companies that are under contract

with the department. The third member shall be chosen by

agreement of the first and second members. If the first or

second member has a conflict of interest regarding affiliation

with one of the parties to an arbitration hearing, the

appointing entity shall appoint an alternate member for that

hearing. If the third member has such a conflict of interest,

the first and second members shall select an alternate member.

Bach member shall serve a 4-year term. The board shall elect a

chair for each term, who shall be the administrator of the board

and custodian of its records.

(9) The presence of all board members is required to

conduct a meeting either in person or by means of communications

media technology used in accordance with rules adopted by the

Administration Commission under s. 120.54(5).

(10) The members of the board may receive compensation for

the performance of their duties from deposits made by the

parties based on an estimate of compensation by the board,

except that no employee of the department may receive

compensation from the board. All deposits shall be held in

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

escrow in advance of the hearing. Each member eligible for

compensation shall be compensated at a rate of $200 per hour, up

to a maximum of $1,500 per day. Members of the board are

entitled to receive per diem and travel expenses pursuant to s.

112.061. The board may allocate funds annually for clerical and

other administrative services.

(11) To cover the cost of administration and initial

compensation of the board, the party requesting arbitration

shall pay a filing fee to the board, according to a schedule

established by the board, of:
(a) Up to $500 for a claim that is $25,000 or less.

(ob) Up to $1,000 for a claim that is more than $25,000 but
is $50,000 or less.
(c) Up to $1,500 for a claim that is more than $50,000 but

is_ $100,000 or less.
(d) Up to $2,000 for a claim that is more than $100,000

but is $200,000 or less.
(e) Up to $3,000 for a claim that is more than $200,000

but is $300,000 or less.
(f) Up to $4,000 for a claim that is more than $300,000

but is $400,000 or less.
(g) Up to $5,000 for a claim that is more than $400,000.

The board may apportion the filing fees and the cost of

recording and preparing a transcript of the hearing among the

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Amendment No. 1

parties in its award.

Section 7. Subsections (3) through (19) of section
378.403, Florida Statutes, are renumbered as subsections (4)
through (20), respectively, and a new subsection (3) is added to
that section to read:

378.403 Definitions.—As used in this part, the term:

(3) "Borrow pit" means 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.

Section 8. Section 378.801, Florida Statutes, is amended
to read:

378.801 Other resources; notice of intent to extract mine
required.—

(1) An Ne operator may not begin the operation of a borrow

pit, or 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 this chapter, at a new location mine without notifying the
secretary of the intention to extract mine.

(2) The operator's notice of intent to extract mime shall

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

consist of the operator's estimated life of the extraction

location mime and the operator's signed acknowledgment of the
performance standards provided by s. 378.803.

Section 9. Section 378.802, Florida Statutes, is amended
to read:

378.802 Existing extraction locations mines.—After January

1, 1989, all operators of existing locations mimes for the
extraction of resources as described in s. 378.801 shall meet
the performance standards provided by s. 378.803 for any new
surface area disturbed at such locations mines.

Section 10. This act shall take effect July 1, 2021.

TITLE AMENDMENT

Remove everything before the enacting clause and insert:
An act relating to transportation; creating s. 287.05705, F.S.;
providing that governmental entities may not prohibit certain
vendors from responding to competitive solicitations of certain
contractual services; providing applicability; amending s.
316.003, F.S.; revising the definition of the term "personal
delivery device"; amending s. 316.2397, F.S.; revising
provisions authorizing certain equipment to show or display
flashing lights; amending s. 337.025, F.S.; revising the
application of the cap on innovative transportation projects;

amending s. 337.14, F.S.; requiring contractors wishing to bid

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Amendment No. 1

on certain contracts to first be certified by the Department of
Transportation as qualified; revising requirements for applying
for and issuing a certificate of qualification; revising
provisions regarding interim financial statements; providing
construction with respect to submission and approval of an
application for such certificate; exempting airports from
certain restrictions regarding entities performing construction,
engineering, and inspection services; amending s. 337.185, F.S.;
revising and providing definitions; revising requirements for
arbitration of certain contracts by the State Arbitration Board;
revising requirements regarding arbitration requests, hearings,
procedures, and awards; revising membership and meeting
requirements; revising compensation of board members; amending
s. 378.403, F.S.; defining the term “borrow pit"; amending s.
378.801, F.S.; prohibiting operation of a borrow pit at a new
location without notifying the Secretary of Environmental
Protection of the intent to extract; conforming provisions;
amending s. 378.802, F.S.; revising application of provisions to

exclude existing mines; providing an effective date.

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COMMITTEE/SUBCOMMITTEE AMENDMENT

Bill No. HB 57 (2021)
Amendment No. la

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)

Committee/Subcommittee hearing bill: Tourism, Infrastructure &

Energy Subcommittee

Representative Slosberg offered the following:

Amendment to Amendment (212831) by Representative Andrade
(with title amendment)

Between lines 68 and 69 of the amendment, insert:

Section 4. Paragraph (a) of subsection (3) of section

316.305, Florida Statutes, is amended, and subsection (4) of

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that section is republished, to read:
316.305 Wireless communications devices; prohibition.—
(3) (a) A person may not operate a motor vehicle while
manually typing or entering multiple letters, numbers, symbols,
or other characters into a wireless communications device or
while sending or reading data on such a device for the purpose

of nonvoice interpersonal communication, including, but not

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Amendment No. la

limited to, communication methods known as texting, e-mailing,
and instant messaging. As used in this section, the term
"wireless communications device" means any handheld device used
or capable of being used in a handheld manner, that is designed
or intended to receive or transmit text or character-—based
messages, access or store data, or connect to the Internet or
any communications service as defined in s. 812.15 and that
allows text communications. For the purposes of this paragraph,
a motor vehicle that is stationary is not being operated and is

not subject to the prohibition in this paragraph, except when a

motor vehicle is stopped and remains in position until an

authorized emergency vehicle has passed as required by s.

316.126(1) (a).

(4) (a) Any person who violates paragraph (3) (a) commits a
noncriminal traffic infraction, punishable as a nonmoving
violation as provided in chapter 318.

(bo) Any person who commits a second or subsequent
violation of paragraph (3) (a) within 5 years after the date of a
prior conviction for a violation of paragraph (3) (a) commits a
noncriminal traffic infraction, punishable as a moving violation
as provided in chapter 318.

Section 5. Paragraph (a) of subsection (3) of section
316.306, Florida Statutes, is amended, and subsection (4) of
that section is republished, to read:

316.306 School and work zones; prohibition on the use of a

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Amendment No. la

wireless communications device in a handheld manner.—

(3) (a)l. A person may not operate a motor vehicle while
using a wireless communications device in a handheld manner in a
designated school crossing, school zone, or work zone area as
defined in s. 316.003(105). This subparagraph shall only be
applicable to work zone areas if construction personnel are
present or are operating equipment on the road or immediately
adjacent to the work zone area. For the purposes of this
paragraph, a motor vehicle that is stationary is not being
operated and is not subject to the prohibition in this

paragraph, except when a motor vehicle is stopped and remains in

position until an authorized emergency vehicle has passed as

required by s. 316.126(1) (a).

2.a. During the period from October 1, 2019, through
December 31, 2019, a law enforcement officer may stop motor
vehicles to issue verbal or written warnings to persons who are
in violation of subparagraph 1. for the purposes of informing
and educating such persons of this section. This sub-—
subparagraph shall stand repealed on October 1, 2020.

b. Effective January 1, 2020, a law enforcement officer
may stop motor vehicles and issue citations to persons who are
driving while using a wireless communications device ina
handheld manner in violation of subparagraph 1.

(4) (a) Any person who violates this section commits a

noncriminal traffic infraction, punishable as a moving

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Bill No. HB 57 (2021)
Amendment No. la

violation, as provided in chapter 318, and shall have 3 points
assessed against his or her driver license as set forth in s.
322.27(3) (d)7. For a first offense under this section, in lieu
of the penalty specified in s. 318.18 and the assessment of
points, a person who violates this section may elect to
participate in a wireless communications device driving safety
program approved by the Department of Highway Safety and Motor
Vehicles. Upon completion of such program, the penalty specified
in s. 318.18 and associated costs may be waived by the clerk of
the court and the assessment of points must be waived.

(bo) The clerk of the court may dismiss a case and assess
court costs in accordance with s. 318.18(11) (a) for a nonmoving
traffic infraction for a person who is cited for a first time
violation of this section if the person shows the clerk proof of
purchase of equipment that enables his or her personal wireless
communications device to be used in a hands-free manner.

Section 6. Section 316.307, Florida Statutes, is created
to read:

316.307 Immediate vicinity of first responders;

prohibition on the use of a wireless communications device ina

handheld manner.—

(1) This section shall be known as the “First Responder

Protection Act.”

(2) For purposes of this section, the term:

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Bill No. HB 57 (2021)
Amendment No. la

(a) "First responder" means a law enforcement officer or

correctional officer as defined in s. 943.10, a firefighter as

defined in s. 633.102, or an emergency medical technician or

paramedic as defined in s. 401.23 who is a full-time paid

employee, part-time paid employee, or unpaid volunteer.

(b) "In the line of duty" means:

1. Engaging in law enforcement activities;

2. Performing an activity relating to fire suppression and
prevention;

3. Responding to a hazardous material emergency;

Performing rescue activity;

Performing disaster relief activity; or

4
5. Providing emergency medical services;
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4

Otherwise engaging in emergency response activity.

(c) “Wireless communications device" has the same meaning

as provided in s. 316.305(3) (a). The term includes, but is not

limited to, a cell phone, a tablet, a laptop, a two-way

messaging device, or an electronic game that is used or capable

of being used in a handheld manner. The term does not include a

safety, security, or convenience feature built into a motor

vehicle which does not require the use of a handheld device.

(3) It is the intent of the Legislature to:

(a) Improve roadway safety for all first responders,

vehicle operators, vehicle passengers, bicyclists, pedestrians,

and other road users.

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Bill No. HB 57 (2021)
Amendment No. la

(b) Prevent crashes related to the act of driving while

using a wireless communications device in a handheld manner when

operating a motor vehicle while the vehicle is in motion.

(c) Reduce injuries, deaths, property damage, health care

costs, health insurance rates, and automobile insurance rates

related to motor vehicle crashes.

(d) Authorize law enforcement officers to stop motor

vehicles and issue citations to persons who are driving in the

immediate vicinity of first responders who are in the line of

duty while using a wireless communications device in a handheld

manner as provided in subsection (3).

(4) (a)l. A person may not operate a motor vehicle while

using a wireless communications device in a handheld manner in

the immediate vicinity of first responders who are in the line

of duty. This subparagraph shall only be applicable to areas

where first responders are present or are carrying out their

duties on the road or immediately adjacent to such areas. For

the purposes of this paragraph, a motor vehicle that is

stationary is not being operated and is not subject to the

prohibition in this paragraph, except when a motor vehicle is

stopped and remains in position until an authorized emergency

vehicle has passed as required by s. 316.126(1) (a).

2.a. During the period from July 1, 2021, through

September 30, 2021, a law enforcement officer may stop motor

vehicles to issue verbal or written warnings to persons who are

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Bill No. HB 57 (2021)
Amendment No. la

in violation of subparagraph 1. for the purposes of informing

and educating such persons of this section. This sub-—

subparagraph shall stand repealed on July 1, 2022.

b. Effective October 1, 2021, a law enforcement officer

may stop motor vehicles and issue citations to persons who are

driving while using a wireless communications device ina

handheld manner in violation of subparagraph 1.

(bo) Paragraph (a) does not apply to a motor vehicle

operator who is:

1. Performing official duties as an operator of an

authorized emergency vehicle as defined in s. 322.01, a law

enforcement or fire service professional, or an emergency

medical services professional.

2. Reporting criminal or suspicious activity to law

enforcement authorities.

3. Receiving messages that are:

a. Related to the operation or navigation of the motor

vehicle;

b. Safety-related information, including emergency,

traffic, or weather alerts;

Data used primarily by the motor vehicle; or

d. Radio broadcasts.

Using a device or system in a hands-free manner for

navigation purposes.

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COMMITTEE/SUBCOMMITTEE AMENDMENT

Bill No. HB 57 (2021)
Amendment No. la

5. Using a wireless communications device hands-free or

hands-free in voice-operated mode, including, but not limited

to, a factory-installed or after-market Bluetooth device.

6. Operating an autonomous vehicle, as defined in s.

316.003, in autonomous mode.

(c) A law enforcement officer who stops a motor vehicle

for a violation of paragraph (a) must inform the motor vehicle

operator of his or her right to decline a search of his or her

wireless communications device and may not:

1. Access the wireless communications device without a
warrant.
2. Confiscate the wireless communications device while

awaiting issuance of a warrant to access such device.

3. Obtain consent from the motor vehicle operator to

search his or her wireless communications device through

coercion or other improper method. Consent to search a motor

vehicle operator's wireless communications device must be

voluntary and unequivocal.

(d) Only in the event of a crash resulting in death or

serious bodily injury, as defined in s. 316.027, may a user's

billing records for a wireless communications device, or the

testimony of or written statements from appropriate authorities

receiving such messages, be admissible as evidence in any

proceeding to determine whether a violation of subparagraph

(a)l. has been committed.

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Bill No. HB 57 (2021)
Amendment No. la

(e) Law enforcement officers must indicate the type of

wireless communications device in the comment section of the

uniform traffic citation.

(5) (a) A person who violates this section commits a

noncriminal traffic infraction, punishable as a moving

violation, as provided in chapter 318, and shall have 3 points

assessed against his or her driver license as set forth in s.

322.27(3)(d)7. For a first offense under this section, in lieu

of the penalty specified in s. 318.18 and the assessment of

points, a person who violates this section may elect to

participate in a wireless communications device driving safety

program approved by the Department of Highway Safety and Motor

Vehicles. Upon completion of such program, the penalty specified

in s. 318.18 and associated costs may be waived by the clerk of

the court and the assessment of points must be waived.

(bo) The clerk of the court may dismiss a case and assess

court costs in accordance with s. 318.18(11) (a) for a nonmoving

traffic infraction for a person who is cited for a first-time

violation of this section if the person shows the clerk proof of

purchase of equipment that enables his or her personal wireless

communications device to be used in a hands-free manner.

(6) Notwithstanding s. 318.21, all proceeds collected

pursuant to s. 318.18 for violations of this section must be

remitted to the Department of Revenue for deposit into the

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Bill No. HB 57 (2021)
Amendment No. la

Emergency Medical Services Trust Fund of the Department of

Health.

(7) When a law enforcement officer issues a citation for a

violation of this section, the law enforcement officer must

record the race and ethnicity of the violator. All law

enforcement agencies must maintain such information and must

report such information to the department in a form and manner

determined by the department. Beginning March 1, 2022, the

department shall annually report the data collected under this

subsection to the Governor, the President of the Senate, and the

Speaker of the House of Representatives. The data collected must

be reported at least by statewide totals for local law

enforcement agencies, state law enforcement agencies, and state

university law enforcement agencies. The statewide total for

local law enforcement agencies must combine the data for the

county sheriffs and the municipal law enforcement agencies.

TITLE AMENDMENT
Remove line 389 of the amendment and insert:
flashing lights; amending ss. 316.305 and 316.606,
F.S.; applying the prohibition against texting while
driving and the prohibition against using a wireless
communications device in a handheld manner in a

designated school crossing, school zone, or work zone

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Amendment No. la

495985

area to a motor vehicle that is stopped and remains in
position until an authorized emergency vehicle has
passed; providing penalties; creating s. 316.307,
F.S.; providing a short title; providing definitions;
providing legislative intent; prohibiting a person
from operating a motor vehicle while using a wireless
communications device in a handheld manner in the
immediate vicinity of certain first responders;
providing applicability; providing construction;
authorizing a law enforcement officer during a
specified period to stop motor vehicles to issue
warnings; authorizing a law enforcement officer, on
and after a specified date, to stop motor vehicles and
issue citations; providing exceptions to such
prohibition; requiring a law enforcement officer who
stops a motor vehicle for a violation to inform the
motor vehicle operator of his or her right to decline
a search of his or her wireless communications device;
prohibiting the law enforcement officer from taking
specified actions; requiring certain consent to search
a motor vehicle operator's wireless communications
device; providing that a user's billing records for a
wireless communications device or the testimony of or
written statements from certain authorities are

admissible as evidence in crashes resulting in death

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Amendment No. la

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

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)

Committee/Subcommittee hearing bill: Tourism, Infrastructure &

Energy Subcommittee

Representative Brown offered the following:

Amendment to Amendment (212831) by Representative Andrade
(with title amendment)

Between lines 342 and 343 of the amendment, insert:

Section 7. Paragraph (c) of subsection (1) of section
348.754, Florida Statutes, is amended to read:

348.754 Purposes and powers.—

(1)

(c) Notwithstanding any other provision of this section to
the contrary, to ensure the continued financial feasibility of
the portion of the Wekiva Parkway to be constructed by the
department, the authority may not, without €he prior
consultation with eensent—ef the secretary of the department,

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

construct any extensions, additions, or improvements to the

expressway system in Lake County.

TITLE AMENDMENT
Remove line 404 of the amendment and insert:
requirements; revising compensation of board members; amending
Ss. 348.754; F.S.; prohibiting the Central Florida Expressway
Authority from performing certain activities in Lake County
without prior consultation of the Secretary of the Department of

Transportation; amending

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Page 2 of 2
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 vonneo WO Keating CL

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.DOCX
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."

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.” A violation is a noncriminal traffic infraction, punishable as a
pedestrian violation as provided in ch. 318, F.S.* The base fine is $15;* however, with various
additional fees the total fine is up to $56.50.°

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.® 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.

Il. 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.

'S, 316.003(4), F.S.

2S. 316.2065(2), F.S.

3S. 316.2065(19), F.S.

4S. 318.18(1), F.S.

5 Florida Association of Clerks of Court, 2020 Distribution Schedule, p. 21. Available at:

https://cdn.ymaws.com/www. ficlerks.com/resource/resmgr/advisories/advisories_2021/21bull005_Attach_2 2020_Dist.pdf (last
visited February 4, 2021).

® See for example the Elliptigo, https://www.elliptigo.com/ (last visited February 4, 2021).

STORAGE NAME: h0353.TIE,DOCX PAGE: 2
DATE: 2/10/2021
2. Expenditures:
None.

B. 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.

lil. 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.

B. 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
FLORIODA HOU S E O 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.

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.

Page 1 of 1

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

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