Economic Infrastructure Subcommittee — Florida House of Representatives (March 25, 2025)
Summary
Meeting packet of the Economic Infrastructure Subcommittee of the Florida House of Representatives Commerce Committee for Tuesday, March 25, 2025, 9:00 AM to 11:30 AM. The agenda lists HB 313, HB 567, HB 1123, HB 1239 and HB 7009, plus a proposed committee substitute for HB 1397. The bill analysis for HB 313 (Toll Exemptions for Purple Heart Medal Recipients) states that the bill exempts individuals driving a motor vehicle with a Purple Heart license plate from tolls, with an estimated recurring negative impact of $500,000 to the State Transportation Trust Fund and Florida Turnpike trust funds. The analysis for HB 567 (Transportation) lists areas of change including expectant mother parking permits.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Economic Infrastructure Subcommittee — Florida House of Representatives (March 25, 2025).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-03-25-3286-economic-infrastructure-subcommittee-meeting-packets-m-ab4b03cfde/
, SHA-256 0c0a9106b14398af360eb865157e4201becd0b0a47c27a8175f7f379ced22703.Full text
Economic Infrastructure Subcommittee
Tuesday, March 25, 2025
9:00 AM – 11:30 AM
Reed Hall (102 HOB)
Daniel Perez Chip LaMarca
Speaker Chair
The Florida House of Representatives
Commerce Committee
Economic Infrastructure Subcommittee
Daniel Perez Chip LaMarca
Speaker Chair
Meeting Agenda
Tuesday, March 25, 2025
9:00am – 11:30am
Reed Hall (102 HOB)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• HB 313 Toll Exemptions for Purple Heart Medal Recipients by Fabricio
• HB 567 Transportation by McFarland
• HB 1123 Sewer Collection Systems by Cassel, Woodson
• HB 1239 Energy Infrastructure Investment by Kincart Jonsson
• HB 7009 OGSR/Public Safety Communication Systems by Government Operations
Subcommittee, Conerly
V. Consideration of the following proposed committee substitute(s):
• PCS for HB 1397 – Transportation
VI. Closing Remarks
VII. Adjournment
214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
(850) 717-4870
HB 313
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 313 COMPANION BILL: SB 574 (Collins)
TITLE: Toll Exemptions for Purple Heart Medal LINKED BILLS: None
Recipients RELATED BILLS: None
SPONSOR(S): Fabricio
Committee References
Transportation & Economic Economic Infrastructure Budget
Development Budget
14 Y, 0 N
SUMMARY
Effect of the Bill:
The bill exempts individuals driving a motor vehicle with a Purple Heart license plate from the payment of tolls.
Fiscal or Economic Impact:
The bill is estimated to have a recurring negative impact of $500,000 to the State Transportation Trust Fund and
Florida Turnpike trust funds. The bill is also estimated to have a $300,000 recurring negative impact to various
local trust funds.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill revises the eligibility for toll exemptions by providing that individuals driving a motor vehicle with a
Purple Heart specialty license plate, or a motorcycle with a Purple Heart special motorcycle license plate, are
exempt from the payment of tolls on toll facilities. (Section 1).
The effective date of the bill is July 1, 2025. (Section 2).
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The Revenue Estimating Conference (REC) met on February 14, 2025, and estimated that the bill will have a
recurring negative impact of $500,000 to the State Transportation Trust Fund and Florida Turnpike trust funds.1
The REC included in their analysis that the U.S. Department of Veteran Affairs Florida Summary shows that
veterans (and thus Purple Heart tags) are more represented in north Florida, where there are fewer toll facilities
than south and central Florida. The bill could potentially encourage more individuals to get Purple Heart tags. The
impacted population group is more likely to be older, retired, or disabled, thus less likely to be driving.2
The Department of Transportation reports that there will be necessary system modifications and an indeterminate
fiscal impact associated with operations, maintenance, management and billings against eligible accounts. There
1 Office of Economic & Demographic Research, Revenue Estimating Conference, (February 14, 2025),
https://edr.state.fl.us/Content/conferences/revenueimpact/index.cfm (last visited March 14, 2025).
2 Office of Economic & Demographic Research, Revenue Estimating Conference, (February 14, 2025),
https://edr.state.fl.us/Content/conferences/revenueimpact/index.cfm (last visited March 14, 2025).
STORAGE NAME: h0313b.EIS
DATE: 3/21/2025
1
could also be upfront expenditures for providing transponders to recipients at no cost though this is not required
under the bill.
LOCAL GOVERNMENT:
The REC estimates that the bill will have a recurring negative impact of $300,000 to various local trust funds from
exempting customers with Purple Heart Plates from paying tolls.3
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Toll Facilities
The Florida Turnpike Mainline runs 312 miles through 11 counties in the state’s peninsula, and the Turnpike
Extension is 47 miles long. Florida’s Turnpike System includes those two roadways along with the Sawgrass
Expressway, the Seminole Expressway, the Beachline Expressway, the Southern Connector Extension of the Central
Florida GreeneWay, the Veterans Expressway, the Suncoast Parkway, the Polk Parkway, the Western Beltway, the
I-4 Connector and the First Coast Expressway. Highway infrastructure requires routine maintenance, updating and
sometimes replacement. Tolls enable projects to be planned and built years before enough tax dollars could be
collected to keep up with demand. All revenue from Florida’s Turnpike System is reinvested into projects like
building new highways or making improvements to existing highways on a statewide basis. Customers who use
Florida’s Turnpike System are charged based on the number of axles on the vehicles they drive and the distances
they travel. The tolls collected generate the revenue to build, operate and maintain the roadways.4
In 2024, Florida’s turnpike system generated $1.29 billion in toll revenues.5
Toll Payment Exemptions
Currently, s. 338.155, F.S., provides the following exemptions from paying a toll while using a toll facility:
Employees of the agency operating the toll facility when using the facility on official state business;
State military personnel while on official military business;
A person with a disability who has a valid driver license, who operates a vehicle specially equipped for use
by persons with disabilities, and who is certified by a physician as being severely physically disabled and
having permanent upper limb mobility or dexterity impairments that substantially impair the person’s
ability to deposit coins in toll baskets;
A person exempt from toll payment by the authorizing resolution for the bonds used to finance the facility;
A person using the facility as a temporary detour route;
Any law enforcement officer operating an official vehicle while on official law enforcement business;
A person operating a fire vehicle while on official business or a rescue vehicle while on official business;
A person participating in the funeral procession of a law enforcement officer or firefighter killed in the line
of duty; and
If tolls have been suspended due to an emergency evacuation.
3 Office of Economic & Demographic Research, Revenue Estimating Conference, (February 14, 2025),
https://edr.state.fl.us/Content/conferences/revenueimpact/index.cfm (last visited March 14, 2025).
4 Florida’s Turnpike, Frequently Asked Questions, (2020), https://floridasturnpike.com/about/frequently-asked-
questions/#1552928026401-9ecfee9c-7932 (last visited March 14, 2025).
5 Florida’s Turnpike, Florida’s Turnpike System FY 2025 and FY 2024 Transactions and Revenue, (2025), Fhttps://floridasturnpike.com/wp-
content/uploads/2024/07/FY24-Turnpike-System_Jul-May_TR.pdfY24-Turnpike-System_Jul-May_TR.pdf (last visited March 14, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Purple Heart
The Purple Heart is one of the most recognized and respected medals that can be awarded to members of the U.S.
Armed Forces. It is a distinguished military decoration, awarded in the name of the President, to those eligible
service members who have suffered a wound as a result of enemy action.6
Specialty License Plates
Florida offers over 100 different specialty license plates for various organizations in support of the causes they
represent. The money raised from the sale of these license plates goes directly to the organization. Since the
inception of specialty license plates, millions of dollars have been raised for the organizations.7
The Purple Heart specialty license plate falls within the Special Military Services category.8 To be eligible for a
specialty military plate, an individual can apply with the following documentation: a completed Application for
Military Service Related License Plates (Form HSMV 83034) or Application for U.S. Reserve or Florida National
Guard License Plate (Form HSMV 83030). Further proof of eligibility must also be provided, pursuant to s. 320.089,
F.S., and individuals must pay the standard vehicle registration and license plate fee.9
Section 320.089, F.S., provides that revenues from the sale of the plate are deposited into the Operations and
Maintenance Trust Fund within the Department of Veterans' Affairs and used to support program operations that
benefit veterans or the operation, maintenance, or construction of domiciliary and nursing homes for veterans.
There were 9,644 Purple Heart specialty plate registrations in 2024, and 10,182 in 2023.10
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Transportation & Economic 14 Y, 0 N 3/19/2025 Davis Andeara
Development Budget
Subcommittee
Economic Infrastructure Keating Bauldree
Subcommittee
Budget Committee
6 Wounded Warrior Marines, Purple Heart, WWR Fact Sheet (December 11, 2017),
https://www.woundedwarrior.marines.mil/Portals/213/Docs/WWR%20Fact%20Sheets/Purple%20Heart%20Fact%20Sheet%20(Benefit
)%20-%20Released%2012112017.pdf?ver=2017-12-12-110210-387 (last visited March 14, 2025).
7 Florida Highway Safety and Motor Vehicles, Personalized and Specialty License Plates, (2025), https://www.flhsmv.gov/motor-vehicles-
tags-titles/personalized-specialty-license-plates/ (last visited March 14, 2025).
8 Florida Highway Safety and Motor Vehicles, Florida License Plates, (February 2025),
https://www.flhsmv.gov/pdf/specialtyplates/tagbrochure.pdf (last visited March 14, 2025).
9 Florida Department of Motor Vehicles, Special License Plates in Florida, (2025), https://www.dmv.org/fl-florida/special-license-plates.php
(last visited March 14, 2025).
10 Florida Highway Safety and Motor Vehicles, Florida Military License Plates, (January 2025),
https://www.flhsmv.gov/pdf/specialtyplates/military_brochure.pdf (last visited March 14, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 313 2025
1 A bill to be entitled
2 An act relating to toll exemptions for Purple Heart
3 medal recipients; amending s. 338.155, F.S.; revising
4 eligibility for toll exemptions to include operators
5 displaying a Purple Heart specialty license plate or a
6 Purple Heart special motorcycle license plate;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (a) of subsection (1) of section
12 338.155, Florida Statutes, is amended to read:
13 338.155 Payment of toll on toll facilities required;
14 exemptions.—
15 (1)(a) A person may not use a toll facility without
16 payment of tolls, except:
17 1. An employee of the agency operating the toll project
18 when using the toll facility on official state business.
19 2. State military personnel while on official military
20 business.
21 3. A person with a disability as provided in subsection
22 (3).
23 4. A person exempt from toll payment by the authorizing
24 resolution for bonds issued to finance the facility.
25 5. A person exempt on a temporary basis where use of such
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb313-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 313 2025
26 toll facility is required as a detour route.
27 6. A law enforcement officer operating an official vehicle
28 while on official law enforcement business.
29 7. A person operating a fire vehicle while on official
30 business or a rescue vehicle while on official business.
31 8. A person participating in the funeral procession of a
32 law enforcement officer or firefighter killed in the line of
33 duty.
34 9. A person operating a motor vehicle displaying a Purple
35 Heart specialty license plate or a motorcycle displaying a
36 Purple Heart special motorcycle license plate.
37 Section 2. This act shall take effect July 1, 2025.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb313-00
HB 567
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 567 COMPANION BILL: SB 462 (DiCeglie)
TITLE: Transportation LINKED BILLS: None
SPONSOR(S): McFarland RELATED BILLS: None
Committee References
Economic Infrastructure Transportation & Economic Commerce
Development Budget
SUMMARY
Effect of the Bill:
The bill addresses numerous changes related to the Florida Department of Transportation (DOT) and Florida
transportation policy. The bill includes, among other things, changes in the following areas:
The distribution of sales tax revenues related to electric vehicle charging,
Expectant mother parking permits,
DOT contracting authority and practices,
Utility facilities relocation,
Metropolitan Planning Organizations,
DOT district boundaries, and
The Sarasota Manatee Airport Authority.
The effective date of the bill is July 1, 2025.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on state government.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Distribution of Sales Tax Revenues (Section 1)
The bill directs the Department of Revenue to distribute 6 cents per kilowatt hour of electricity used at public
electric vehicle charging stations to the State Transportation Trust Fund. These funds are derived from the 6
percent tax levied on each taxable transaction for the sale of electrical power or energy.
Under the bill, this provision is repealed effective June 20, 2030.
County Transportation Project Data (Section 2)
The bill creates a new requirement that each county must annually provide the Florida Department of
Transportation (DOT) with uniform project data. For each county, this data must match up to the county’s fiscal
year and must include, but is not limited to:
Details on transportation revenues by source of taxes or fees,
Expenditure of such revenues for projects that were funded, and
The unexpended balance of such revenues.
STORAGE NAME: h0567.EIS
DATE: 3/23/2025
1
The bill requires that the project details must include, but are not limited to cost, location, and scope. The scope of
each project must be categorized broadly, such as road widening, repair and rehabilitation, addition of sidewalks,
or any similarly broad categorization. The bill requires revenues not dedicated to specific projects to be detailed as
to what programs the revenues are supporting.
Under the bill, DOT must communicate to each county the method and format for submitting the data. DOT must
compile the data and publish it on the DOT website.
Expectant Mother Parking (Section 3)
Under the bill, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) must issue expectant
mother parking permit placards or decals to an expectant mother who submits an application. Such placards and
decals are valid for 1 year after the date of issuance.
The bill provides that DHSMV must, by rule, provide for the design, size, color, and placement of the expectant
mother parking permit placard or decal. DHSMV must ensure that the placard or decal conspicuously displays the
expiration date.
Under the bill, the application for an expectant mother parking permit must include, but is not limited to:
Certification by a licensed physician that the applicant is an expectant mother.
The certifying physician’s certification number.
The following statement in bold letters: “An expectant mother parking permit may be issued only to an
expectant mother and is valid for up to 1 year after the date of issuance.”
The signatures of the certifying physician, the applicant, and the employee of DHSMV processing the
application.
The bill provides that notwithstanding any other provision of law, an expectant mother who is issued a permit
under this section may park a motor vehicle in a parking space designated for persons who have disabilities as
provided in s. 553.5041, F.S.
Eminent Domain Authority (Section 5)
The bill restates DOT’s ability to purchase property or property rights in advance to preserve a corridor for future
proposed improvements.
Center for Urban Transportation Research (Section 6)
The bill alters the composition of the advisory board for the Center for Urban Transportation Research (CUTR).
The bill adds the following members to the advisory board.
A member appointed by the President of the Senate,
A member appointed by the Speaker of the House of Representatives,
The Secretary of Transportation or his or her designee, and
The Secretary of Commerce or his or her designee.
The bill also limits the number of remaining members nominated by the University of South Florida to four.
Project Concept Studies (Section 7)
Under the bill, all project concept studies and project development and environmental studies for capacity
improvement projects on limited-access facilities1 must include the evaluation of alternatives that provide
transportation capacity using elevated roadways above existing lanes. Additionally, project development and
1 Section 338.01, F.S., allows DOT to establish limited-access facilities, the primary function of which is to allow high-speed and
high-volume traffic movements within the state.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
environmental studies for new alignment projects and new capacity improvement projects must be completed
within 18 months after commencement.
DOT Contracting
Contracting Authority (Section 8)
The bill states that a contractor entering into a construction and maintenance contract with DOT provides a service
to DOT.
Awarding Contracts (Section 8)
The bill requires DOT to award proposed construction and maintenance work to the lowest responsive responsible
bidder, as long as DOT’s estimate is $100 million or less.
The bill states that if DOT receives bids outside the award criteria set forth by DOT, DOT must arrange an in-person
meeting with the lowest responsive and responsible bidder in order to ascertain the reasons for the bids being
over DOT’s estimate. DOT may subsequently:
Award the contract to the lowest responsive and responsible bidder,
Reject all bids and rebid the work, or
Invite all responsive and responsible bidders to provide their best and final offers without filing a protest
or posting a bond as required under current law.
The bill states that if DOT thereafter awards the contract, the award must be to the bidder who produces the best
and final offer.
If DOT intends to reject all bids on any project after announcing, but before posting, official notice of its intent, the
bill requires DOT to provide to the lowest responsive, responsible bidder the opportunity to negotiate the scope of
work, with a corresponding reduction in price, to provide its best and final offer without filing a protest or posting
a bond. Upon reaching a decision regarding the lowest bidder’s best and final offer, DOT must post notice of final
agency action to either reject all bids or accept the best and final offer.
This does not prohibit any bidder from filing a protest or alter the statutory deadlines related to bid protests found
in s. 120.57(3), F.S.
The bill provides that notwithstanding s. 120.57(3)(c), F.S., relating to bid protests, and s. 287.057(25), F.S.,
relating to a disclosure on the procurement of solicitations, upon receipt of a timely-filed formal written protest,
DOT may continue the process for awarding contracts with a DOT estimate of $100 million or less, but it may not
take final agency action as to the lowest responsive and responsible bidder except as part its final agency action in
the protest or upon the protesting party’s dismissal of the protest.
Phased Design-Build Contracts (Section 8)
The bill states that for design-build contracts, DOT must receive at least three letters of interest. From those letters
of interest, DOT must request proposals from no fewer than three of the design-build firms submitting such letters.
If a design-build firm withdraws from consideration after DOT requests proposals, DOT may continue if at least
two proposals are received.
For phased design-build projects, the bill requires DOT to competitively award the contract to a qualified firm,
provided that DOT receives at least three statements of qualification from qualified firms. If during phase one of a
project, DOT elects, based upon qualifications, to enter into contracts with more than one design-build firm, DOT
must competitively award the phase-two contract to a single design-build firm. For phase two, the design-build
firm may independently perform portions of the work and shall competitively bid construction trade
subcontractor packages. Based upon the design-build firm’s estimates of its independently performed work and
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
these bids, it may negotiate with DOT a guaranteed maximum price that meets the project’s previously advertised
budget and scope.
Marine General Liability Insurance (Section 8)
The bill requires for a contract let by DOT on or after July 1, 2025, work requiring a contractor to have marine
general liability insurance, must include protection and indemnity coverage. The contractor may receive this
additional coverage by an endorsement on its marine general liability insurance policy or from a separate
insurance policy.
Settlement of Protests (Section 9)
The bill provides that DOT may not, through the settlement of a protest of the award of a contract being procured
or related to the purchase of commodities or contractual services, create a new contract unless it competitively
procures the new contract.
Applications for Qualification (Section 10)
The bill authorizes DOT to waive its prequalification requirements for contracts of $1 million or less which have a
diverse scope of work that may or may not be performed. The bill provides that these contracts are typically
known as push-button or task work order contracts.
Contractor Certification (Section 10)
The bill increases the maximum contract amount for which DOT may waive bond requirements from $150,000 to
$250,000.
Maintenance Contracts (Section 10)
The bill requires a contractor seeking to bid on a maintenance contract that predominately includes repair and
replacement of safety appurtenances, including, but not limited to, guardrails, attenuators, traffic signals, and
striping, to possess the prescribed qualifications, equipment, record, and experience to perform such repair and
replacement.
State Arbitration Board (Section 11)
The bill states that a contractor may submit a claim between $250,000 to $1 million per contract, or if agreed upon
by the parties, a claim greater than $2 million per contract to be arbitrated by the State Arbitration Board.
Additionally, the bill states that at a subsequent de novo trial, only sworn testimony in connection with an
arbitration hearing may be used for any purpose otherwise permitted by the Florida evidence code.
Under the bill, an arbitration request may not be made to the Board before final acceptance but must be made to
the Board within 360 days after written notice by DOT of a claim related to a written warranty or defect after final
acceptance.
Suits By and Against DOT (Section 12)
The bill provides that suits may be commenced within 360 days after written notice by DOT of a claim related to a
written warranty or defect after final acceptance.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Utility Relocation (Section 13 and 14)
Electronic Detection of Utility Facilities
The bill requires that utility owners make all new, replaced, or relocated underground facilities within the right-of-
way (ROW) electronically detectable using techniques approved by DOT.
Damages
Under the bill, a utility owner must pay the ROW authority reasonable damages resulting from the utility owner’s
failure or refusal to timely remove or relocate its utility lines located in the ROW.
Additionally, the bill states that the issuance of permits for new installation of utilities within the authority’s ROW
may be subject to reimbursement of any costs incurred by the authority due to the failure of the utility owner to
timely relocate utilities pursuant to an approved work schedule or due to work performed by the utility owner
which damages existing infrastructure and causes a roadway failure.
As-Built Plans
The bill defines the term “as-built plans” to mean plans that include all changes and modifications that occur during
the construction phase of a project. The bill requires an authority and a utility owner to agree in writing to an
approved depth of as-built plans in accordance with the project’s scope.
The bill requires a utility owner to submit its as built plans within 20 business days after completing the utility
work. The as-built plans must show actual final surface and subsurface utilities, including location alignment
profile, depth, and geodetic datum2 of each structure. The utility owner must provide as-built plans in an electronic
format that is compatible with DOT’s software and meets DOT-provided technical specifications or in an electronic
format determined by the utility industry to meet industry standards. DOT may, by written agreement, make
exceptions to the electronic format requirement.
The bill requires that before any relocation costs are reimbursed, the utility must submit to the authority its as-
built plans.
Utility Relocation Reimbursement
For utility relocations on the federal-aid interstate system, the bill authorizes DOT to reimburse:
Up to 50 percent of the costs for publicly regulated utility facilities and municipally owned or county owned
utility facilities, and
One hundred percent of the costs of relocation of municipally or county owned utility facilities located in a
rural area of opportunity on the State Highway System.3
This reimbursement amount is calculated by deducting any increase in the value of a new facility and any salvage
value derived from the old facility. The reimbursement may be made upon a determination that it is in the public’s
best interest and necessary to expedite the construction. The utility owner may opt out of the reimbursement and
bear the costs of relocation.
Reimbursement Procedures
2 A geodetic datum or reference frame is an abstract coordinate system with a reference surface (such as sea level) that serves
to provide known locations to begin surveys and create maps. https://geodesy.noaa.gov/datums/index.shtml (last visited
Mar. 20, 2025).
3 S. 337.403(1)(h), F.S., authorizes DOT to pay all or a part of any utility work necessitated by a DOT project on the state
highway system for a municipally owned utility or county-owned utility in a rural area of opportunity if DOT determines that
the utility is unable, and will not be able within the next 10 years, to pay the cost of such work.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
Under the bill, before DOT provides notice to the utility to initiate utility work, DOT and the utility owner must
follow DOT’s rules and procedures, which shall include, but are not limited to, the following:
DOT must provide the utility owner a letter and a set of preliminary plans for the proposed highway
improvement project, and the utility owner must provide DOT with written acknowledgement of receipt of
such plans.
The utility owner must submit to DOT plans showing existing and proposed locations of facilities within a
reasonable timeframe as specified by DOT in the previously required letter. The timeframe specified by
DOT may not be sooner than 30 days or as agreed on by both parties. If the utility owner fails to submit
plans to DOT within 120 days, DOT is no longer required to participate in the costs, may withhold any
amount due to the utility owner on other projects, and may withhold issuance of any other permits within
the state’s rights-of-way.
The utility owner’s submission of plans must include a utility relocation schedule in a manner and
timeframe established by DOT’s written procedures and instructions for approval by DOT.
If the Governor declares a state of emergency,4 the utility is entitled to receive an extension to its utility
relocation schedule which must be at least equal to any extension DOT granted to its contractor. The utility
owner must notify DOT of additional delays associated with causes beyond the utility owner’s control,
including, but not limited to, participation in recovery work under a mutual aid agreement. This
notification to DOT must occur within 10 calendar days after the commencement of the delay and provide a
reasonably complete description of the cause and nature of the delay and the possible impacts to the utility
relocation schedule. Within 10 calendar days after the cause of the delay ends, the utility owner must
submit, for DOT’s approval, a revised utility relocation schedule. DOT may not unreasonably withhold,
delay, or condition its approval of the revised utility relocation schedule.
If the utility owner does not initiate work in accordance with the utility relocation schedule, DOT must
provide the utility owner with a final notice directing the utility owner to initiate the work within 10
calendar days after it receives the final notice. If the utility owner has begun such work but fails to
complete the work in accordance with the utility relocation schedule, DOT is not required to participate in
the work, may withhold any amount due to the utility owner, and may exercise its right to obtain injunctive
relief.5
If, after the letting date of a highway improvement project, it is found that additional utility relocation work
is necessary, the utility must provide a revised utility relocation schedule within 30 calendar days after
becoming aware of the need for such additional utility work or upon receiving DOT’s written notification
advising the utility of the need for additional utility work. DOT must review the revised utility relocation
schedule and approve the revised utility relocation schedule if certain conditions are met.
The utility owner is liable to DOT for documented damages resulting from the utility’s failure to comply
with the utility relocation schedule, including any DOT-approved delay costs incurred by the contractor.
Within 45 days after receiving DOT’s written notification that the utility is liable for damages, the utility
owner must pay DOT the amount for which the utility owner is liable or request mediation.
Mediation Boards
The bill requires DOT to establish mediation boards to resolve disputes between DOT and utilities concerning:
A utility relocation schedule or revised utility relocation schedule that the utility has submitted, but DOT
has not approved;
A contractor’s claim for delay costs or other damages related to the utility’s work; or
Any matter related to the removal, relocation, or adjustment of the utility’s facilities.
The bill requires DOT to establish mediation board procedures, which must provide that:
Each mediation board is composed of one DOT-designated mediator, one utility owner- designated
mediator, and a third mediator mutually accepted by the other two mediators, who serves as the board’s
presiding officer.
4 The Governor may declare states of emergency pursuant to s. 252.36, F.S.
5 Injunctive relief is pursuant to s. 120.69, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
The mediation board must hold a hearing for each dispute submitted to it. The board must provide notice
of the hearing to each party involved in the dispute and afford each involved party an opportunity to
present evidence at the hearing.
Decisions on issues presented to the mediation board are made by a majority vote of the mediators.
The mediation board must issue a written final decision for each submitted dispute and serve a copy of its
final decision on each party to the dispute.
The mediation board’s final decisions are subject to de novo review in the Second Judicial Circuit in and for
Leon County by way of a petition for judicial review, which DOT or the utility owner may file within 30 days
after service of notice of the final decision.
The bill authorizes DOT to establish a list of qualified mediators and adopt rules to administer its mediation
boards, including procedures for mediating contested cases.
The bill also adds the word “owner” after the word “utility” in several statutory provisions relating to utility
relocation.
Metropolitan Planning Organizations (Sections 4 and 15)
The bill removes the duty of Space Florida6 to partner with the Metropolitan Planning Organization Advisory
Council to coordinate and specify how aerospace planning and programming will be part of the state’s cooperative
transportation planning process.
The bill modifies the legislative intent related to the establishment of Metropolitan Planning Organizations
(M.P.O.s) to emphasize:
The development of multimodal transportation systems, instead of surface transportation systems; and
Serving the mobility needs of people and freight and fostering economic growth and development within
and through urbanized areas of this state while balancing conservation of natural resources.
Under the bill, no additional M.P.O.’s may be designated after July 1, 2025, except in urbanized areas, as defined by
the United States Bureau of the Census, where the urbanized area boundary is not contiguous to an urbanized area
designated before the 2020 census. The bill removes requirements that new M.P.O.s designated within an existing
urbanized area must meet.
The bill revises the items that each M.P.O. must consider when developing its long-range transportation plan
(LRTP) and Transportation Improvement Program (TIP) to include projects and strategies that will conserve
natural resources and reduce traffic and congestion where feasible.
The bill eliminates an obsolete provision that required by December 31, 2023, the M.P.O.'s serving Hillsborough,
Pasco, and Pinellas Counties to submit a report on the feasibility of consolidation into a single M.P.O.
The bill requires DOT, at least annually, to convene M.P.O.s of similar size for the purpose of exchanging best
practices and allows M.P.O.s to develop committees or working groups as needed to accomplish this purpose. This
replaces the provision of law that allows M.O.O.s the discretion and flexibility to coordinate as they see fit with
other M.P.O.s and political subdivisions.
The bill provides that training for new M.P.O. governing board members must be provided by DOT and by either
CUTR or by the Implementing Solutions from Transportation Research and Evaluation of Emerging Technologies
Program (I-STREET).
The bill revises the requirements for an M.P.O.’s LRTP by:
6 Section 331.302, F.S., establishes Space Florida as an independent special district, a body politic and corporate, and a
subdivision of the State, to foster the growth and development of a sustainable and world-leading aerospace industry in this
state. Space Florida promotes aerospace business development by facilitating business financing, spaceport operations,
research and development, workforce development, and innovative education programs.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
Removing the provision that requires the Metropolitan Planning Organization Advisory Council to review
the LRTPs of certain M.P.O.s.
Allowing, in the financial plan requirement, public-private partnerships to be included as an innovative
financing technique to be used to fund needed projects and programs.
Revising the list of proposed transportation enhancement activities that an M.P.O. must indicate, as
appropriate, to include integration of advanced air mobility and integration of autonomous, electric, and
alternative-fuel vehicles, electric bicycles, and motorized scooters used for freight, commuter, or
micromobility purposes. The list of such activities is no longer required to indicate historic preservation,
mitigation of water pollution due to highway runoff, and control of outdoor advertising.
The bill creates the following M.P.O. accountability and transparency provisions:
Allows each M.P.O. to execute a written agreement with DOT, which must be reviewed and updated as
necessary every 5 years, which clearly establishes the cooperative relationship essential to accomplish the
transportation planning requirements of state and federal law. Roles, responsibilities, and expectations for
accomplishing consistency with federal and state requirements and priorities must be described and
formalized in the agreement. The agreement must describe and formalize the M.P.O.'s responsibility, in
collaboration with DOT, to identify, prioritize, and present to DOT a complete list of multimodal
transportation projects consistent with the needs of the metropolitan planning area. It is DOT's
responsibility to program projects in the Statewide Transportation Improvement Program (STIP).
Requires DOT to establish, in collaboration with the M.P.O.'s, quality performance metrics such as safety,
infrastructure condition, congestion relief, and mobility. Each M.P.O. must, as part of its LRTP, in direct
coordination with DOT, develop targets for each performance measure within the metropolitan planning
area boundary. The performance targets must support efficient and safe movement of people and goods
both within the metropolitan planning area and between regions. Each M.P.O. must report progress toward
establishing performance targets for each measure annually in its TIP. DOT must evaluate and post on its
website whether each M.P.O. has made significant progress toward its target for the applicable reporting
period.
The bill repeals the Metropolitan Planning Organization Advisory Council (MPOAC).
Strategic Intermodal System Highway Corridors (Section 16)
The bill requires DOT, in its Strategic Intermodal System (SIS) highway corridors plan of projects, to prioritize
projects addressing gaps in a corridor so that the corridor becomes contiguous.
Funding for Florida College System Equipment Simulators (Section 17)
The bill authorizes DOT in the fiscal years 2025-2026 through 2029-2030 to expend up to $5 million per fiscal year
for grants to Florida College System institutions and high schools for the purchase of equipment simulators with
authentic original equipment manufacturer controls.
Under the bill, each grant recipient must offer an elective course in heavy civil construction, the curriculum of
which is specifically designed to use the simulator and other instructional aides to, at a minimum, provide the
student with OSHA 10 Construction certification and an equipment simulator certification.
The bill requires that in awarding such grants, DOT must give priority to Florida College System institutions and
high schools in rural communities.7
7 The term “rural communities” is defined in s. 288.0656(2), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
Widening of Interstate 4 (Section 21)
The bill states that the Legislature finds that the widening of the portion of Interstate 4 (I-4) between U.S. Highway
27 in Polk County and Interstate 75 in Hillsborough County is in the public and strategic interest of the region to
improve the movement of people and goods.
The bill directs DOT to develop a report that includes, but is not limited to, detailed costs for project development
and environmental studies, design, acquisition of rights-of-way, and construction and a schedule to complete the
widening as expeditiously as possible. The bill requires the report to identify funding shortfalls and strategies to
address such shortfalls, including but not limited to, using express lane toll revenues generated on the I-4 corridor
and other available DOT funds for public-private partnerships.
Under the bill, DOT must submit the report by December 31, 2025, to the Governor, the President of the Senate,
and the Speaker of the House of Representatives.
DOT District Boundaries (Section 22)
The bill directs DOT to submit a report to the Governor, President of the Senate, and Speaker of the House of
Representatives by October 31, 2025, that provides a comprehensive review of the boundaries of each of DOT’s
districts and whether any district’s boundaries need to be redrawn as a result of population growth and increased
urban density.
Sarasota Manatee Airport Authority (Sections 23 and 24)
The bill establishes a pilot program at the Sarasota Manatee Airport Authority (SMAA) in order to determine long-
term feasibility of alternative airport permitting procedures.
Airport Master Plan
Under the bill, the SMAA must prepare and adopt an airport master plan in accordance with 49 U.S.C. s. 4701,
which is subject to review and acceptance by the Federal Aviation Administration (FAA).
The airport master plan must address public facilities and services including roads, sanitary sewer, solid waste,
drainage, potable water, parks and recreation, and public transportation. For each facility or service, the plan must:
Identify the level-of-service standard established by the host local government.
Identify the entity that will provide the service to the SMAA.
Describe any financial arrangements between the SMAA and other entities relating to the provision of the
facility or service.
The bill also requires the plan to determine the impact of existing and proposed airport development reasonably
expected over the term of the airport master plan on each service or facility and any deficiencies in such service or
facility which the development will create or to which it will contribute.
The bill states that before adopting an airport master plan, the SMAA must send the plan to the host local
governments who will have 90 days to conduct a review and provide comments to the SMAA. Within 10 days after
the SMAA sends the plan to the host local governments, the SMAA must advertise the commencement of the review
period in a newspaper of general circulation. Under the bill, the SMAA must also hold an informal informational
session for public participation, which shall be announced in the advertisement at least 10 days in advance.
Following receipt and consideration of all comments, the SMAA must hold a public hearing, after which it may
adopt the airport master plan as originally drafted or revised based on comments. The airport master plan must be
published on the SMAA’s website and updated at least every 10 years.
Consistency with Comprehensive Plan
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
Under the bill, before commencing construction of a new or expanded airport improvement that will create
significant impact on the public facilities for which the host local government has maintenance responsibilities, the
SMAA must submit a written request for determination of consistency with the local government’s comprehensive
plan to the local government. Within 45 days of receipt of such a request, the local government must determine, in
writing, whether the proposed improvement is consistent with its comprehensive plan. Failure of the host local
government to make a determination, in writing, within the 45-day period will be deemed an affirmative
determination of consistency.
The bill states that if it is determined that the construction is in accordance with the local government’s
comprehensive plan, construction may commence and further approval from the host local government is not
required. To the extent that further review by the host local government is required due to inconsistency with the
local government’s comprehensive plan, standards and conditions may not be imposed which conflict with those
established in the airport master plan or the Florida Building Code.
The bill states that the airport master plan may not conflict with the comprehensive plan of the host local
government adopted under part II of chapter 163 or with the state comprehensive plan. However, an existing or
proposed airport development that is consistent with the airport master plan may not be deemed inconsistent with
the host local government comprehensive plan or the state comprehensive plan based solely on the development's
design and layout, or its location, intensity, scale, building size, mass, bulk, height and orientation, lot coverage, lot
size or configuration, architecture, screening, buffers, setbacks, signage, lighting, internal traffic circulation
patterns, loading area locations, operation hours, noise, odor, or other factors of compatibility.
Expansion of SMAA Boundaries
The bill states that if the SMAA proposes to expand the boundaries of the airport site, it must notify the applicable
host governments in writing, in which case the host local governments may impose reasonable development
standards and conditions on new development within the expanded land area. These reasonable development
standards and conditions may only address the impacts of the new improvement on public facilities for which the
host local government has maintenance responsibilities. Additionally, these standards and conditions may not be
imposed in conflict with the Florida Building Code or those established by this section.
SMAA Jurisdiction
Under the bill, the SMAA is the exclusive local enforcement agency under part IV of chapter 553, F.S., and has
jurisdiction within the lands subject to the airport master plan to conduct plan reviews, issue permits, and make
inspections of buildings and to enforce the Florida Building Code and the Florida Fire Prevention Code.
The bill states that the SMAA must use personnel or contract providers appropriately certified under part XII of
chapter 468, F.S., to conduct the plan reviews and make the inspections required by such codes. Developments are
exempt from all other state building codes and county and municipal land development regulations, building codes,
permitting requirements, plan reviews, or inspection fees, except as provided in s. 553.80, F.S.
DOT Rules, Report, and Repeal
Under the bill, DOT must adopt rules as necessary to implement the pilot program.
The bill directs DOT, by December 1, 2027, to submit a report to the Governor, President of the Senate, and the
Speaker of the House of Representatives regarding any recommendations as to how to expand the pilot program to
additional airports or whether to make legislative changes to the pilot program to increase the program’s
effectiveness or to terminate the program.
The bill provides a repeal date for the SMAA pilot program of June 30, 2028, unless reviewed and reenacted by the
Legislature.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
10
The bill contains a section on airport authorities created as an independent special district that is duplicative of
these provisions. (Section 23)
The bill updates cross references in accordance with the provisions of the bill. (Sections 18, 19, and 20)
The bill provides an effective date of July 1, 2025. (Section 25)
RULEMAKING:
The bill authorizes DHSMV to provide, by rule, for the design, size, color, and placement of the expectant mother
parking permit placard or decal.
The bill provides that DOT may develop rules and procedures governing mediation boards intended to resolve
utility relocation disputes.
The bill authorizes DOT to adopt rules necessary to implement the SMAA pilot program.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate negative impact on state government expenditures.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Distribution of Sales Tax Revenues
Florida levies a six percent tax on the retail sale of most tangible personal property, admissions, transient lodgings
and motor vehicles.8 However, the sales tax rate for non-residential electric services is 4.35 percent.9 The
Department of Revenue (DOR) distributes state sales tax proceeds to various state trust funds and local
governments, with any remaining sales tax proceeds distributed to the General Revenue Fund.10
Under Florida law, utility companies charge sales tax on sales of electricity to non-utility companies, including
those providing electric vehicle (EV) charging. For tax purposes, entities selling EV charging are not considered to
be selling electricity but are considered to be licensing the use of real property,11 and taxed as such.12
County Transportation Project Data
Annually, each county and municipality must provide DOT with uniform program data. Uniform program data
must include, but is not limited to, details on transportation receipts and expenditures, and on the number of miles
of road under the local governmental entity’s jurisdiction. DOT must compile this data and, upon request, furnish
its compilation to any interested person.13
8 Office of Economic and Demographic Research, 2024 Florida Tax Handbook, p. 166.
https://edr.state.fl.us/content/revenues/reports/tax-handbook/taxhandbook2024.pdf (last visited Mar. 18, 2025).
9 Id. at 171. S. 212.05(1)(e).1.c., F.S.
10 Id. at 173. S. 212.20(6), F.S.
11 Analysis of Senate Bill 462 (2025), Florida Senate, p.2 (Mar. 18, 2025).
12 S. 212.031, F.S., provides the statues on the tax on rental or license fees for the use of real property.
13 S. 218.322, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
11
Expectant Mother Parking
Section 320.0848, F.S. authorizes DHSMV and its agents to issue disabled parking permits to persons with impaired
mobility. Upon application and receipt of the fee,14 a person with a long-term mobility impairment is issued a
disabled parking permit for a period of up to four years. Similarly, a person with a temporary mobility impairment
is issued a temporary disabled parking permit for a period of up to six months.15
A certificate of disability is required for a disabled parking permit and must be provided by a licensed physician,
podiatrist, optometrist, advanced registered nurse practitioner, physician’s assistant, or a similarly licensed
physician from another state.16
While current law does not explicitly contemplate whether an expectant mother would qualify for a temporary
disabled parking permit, there are circumstances under which an expectant mother with temporary mobility
issues could qualify so long as the expectant mother presents certification of disability from a physician as required
by law.17
Eminent Domain Authority
Eminent domain refers to the government’s power to take private property and convert it into public use.18 The
Fifth Amendment of the United States Constitution provides that the government taking of property under the
power of eminent domain must include just compensation for property owners.19
Similarly, Article X, section 6(a) of the Florida Constitution provides that “[n]o private property shall be taken
except for a public purpose and with full compensation therefor paid to each owner or secured by deposit in the
registry of the court and available to the owner.”20
DOT may acquire, by eminent domain, all property or property rights, whether public or private, which it
determines necessary to perform its duties or execute its powers.21
DOT has the statutory authority to condemn all necessary lands and property, whether public or private, for the
purpose of securing and utilizing transportation rights-of-way, including a DOT-designated transportation
corridor.22 Florida’s statutory definition of the term “transportation corridor” includes all property or property
interests necessary for future transportation facilities for the purpose of securing and utilizing future
transportation rights-of-way.23
Center for Urban Transportation Research
Florida law establishes the Florida Center for Urban Transportation Research (CUTR) at the University of South
Florida, to be administered by the Board of Governors of the State University System.24 CUTR is responsible for
conducting and facilitating research on issues related to urban transportation problems in this state and serving as
an information exchange and depository for the most current information pertaining to urban transportation and
14 There is no charge for a “permanent” disabled parking permit. A temporary parking permit is $15; however, no person will
be required to pay a fee for a disabled parking permit more than once in a 12-month period. S. 320.0848(1)(a), F.S.
15 S. 320.0848(1)(a), F.S.
16 S. 320.0848(1)(b), F.S.
17 Email from Jonas Marquez, Director of Legislative Affairs, Department of Highway Safety and Motor Vehicles, RE: Question
on HB 567 (Mar. 20, 2025).
18 Cornell Law School, Legal Information Institute, Eminent Domain,
https://www.law.cornell.edu/wex/eminent_domain#:~:text=Eminent%20domain%20refers%20to%20the,compensation%2
0to%20the%20property%20owners. (last visited Mar. 18, 2025).
19 U.S. Const. amend. V.
20 Florida’s eminent domain laws are codified in chapters 73 and 74, F.S.
21 S. 334.044(6), F.S.
22 S. 337.27(1), F.S.
23 S. 334.03(29)(b), F.S.
24 S. 334.065(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
12
related issues.25 Additionally, CUTR is responsible for the promotion of intercampus transportation and related
research activities among Florida’s universities in order to enhance the ability of these universities to attract
federal and private sector funding for transportation and related research.26
Under Florida law, an advisory board is created to periodically and objectively review and advise CUTR concerning
its research program. The membership of the board must consist of nine experts in transportation-related areas,
including the secretaries of the DOT, the Department of Environmental Protection, and the Department Commerce,
or their designees, and a member of the Florida Transportation Commission (FTC). The nomination of the
remaining members of the board must be made to the President of the University of South Florida by the College of
Engineering at the University of South Florida, and the appointment of these members must be reviewed and
approved by the FTC and confirmed by the Board of Governors.27
Project Concept Studies
The term “project concept study” is not defined in federal or state law.
DOT conducts Project Development and Environment (PD&E) studies to meet federal National Environmental
Policy Act28 requirements. During these studies, DOT determines the location and conceptual design of feasible
build alternatives for roadway improvements and the social, economic, and environmental effects of such
improvements. Throughout the study, a no-build alternative, where roads are left in their present state with
routine maintenance, remains a viable alternative. A PD&E study is finalized when the Federal Highway
Administration reviews the study’s documentation and recommendations and provides a Location and Design
Concept Acceptance.29
DOT Contracting Authority
DOT may enter into contracts for the construction and maintenance of all roads on the State Highway System, the
State Park Road System, or any other road under its supervision. DOT may also enter into contracts for the
construction and maintenance of rest areas, weigh stations, and other structures used in connection with such
facilities. However, these contracts do not create third-party beneficiary rights in any person that is not a party to
the contract.30
Awarding DOT Contracts
DOT may award a contract for proposed construction and maintenance work to the lowest responsible bidder, or
with a time-plus-money contract, the lowest evaluated responsible bidder, or it may reject all bids and rebid the
work or otherwise perform the work.31
Phased Design-Build Contracts
DOT may enter into phased-design build contracts, where contract selection and award is done with a two-phase
process. For phase one, DOT competitively awards the contract, based upon qualifications, to a design-build firm.
For phase two, the design-build firm competitively bids construction trade subcontractor packages and based upon
these bids, negotiates with DOT a price that meets the project’s budget and scope.32
Marine General Liability Insurance
25 Id.
26 S. 334.065(2), F.S.
27 S. 334.065(3), F.S.
28 Pub. L. 91-190; 83 State. 852.
29 DOT District 7, What is a PD&E Study, https://www.fdotd7studies.com/projects/what-is-a-pde-study/. (last visited Mar. 18,
2025).
30 S. 337.11(1), F.S.
31 S. 337.11(4), F.S.
32 S. 337.11(7)(b), F.S. The project’s budget and scope are as advertised in the request for qualifications.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
13
DOT requires each contractor to indemnify and hold harmless DOT and its officers and employees from liabilities,
damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the
negligence, recklessness, or intentional wrongful misconduct of the contractor and persons employed or utilized by
the contractor in the performance of the construction contract.33
DOT also requires each contractor to carry commercial general liability insurance that provides continuous
coverage for all work and operations provided under the contract. Additional requirements exist for construction
adjacent to railroad tracks and certain utility facilities.34
Since commercial general liability insurance policies exclude marine work, marine general liability insurance is
designed to protect against claims of liability for bodily injury, property damage, and personal injury for those who
work on or near the water. These classes include ship repairers, marina operators, charterers, stevedores, and
terminal operators.35
Each contract let by DOT to perform bridge construction or maintenance over navigable waters must require
marine general liability insurance, in an amount determined by DOT, to cover third-party personal injury and
property damage caused by vessels used by the contractor in the performance of the work.36
Settlement of Protests
Agencies subject to the Administrative Procedures Act,37 including DOT, must resolve protests arising from the
contract solicitation or award process using uniform rules of procedure.38
DOT’s contracting statue provides additional information regarding its settlement of bid protests. When DOT
determines that it is in the public’s best interest to resolve a bid protest through a settlement agreement, and the
agreement requires DOT to pay a nonselected responsive bidder $1 million or more, any stipend paid to a non-
selected design-build firm, which is not included in DOT's work program, or any amount paid pursuant to any
other law, DOT must:
Document the specific reasons that such settlement and payment is in the best interest of the state. Such
documentation must include a description of any rights or designs that DOT will acquire or retain with such
settlement, and the specific appropriation that DOT intends to use to provide such payment.
Provide prior written notification to the President of the Senate, the Speaker of the House of
Representatives, the Senate and House of Representatives minority leaders, the chair and vice chair of the
Legislative Budget Commission, and the Attorney General before DOT makes the settlement agreement
final.
Provide written notification of settlement discussions to the President of the Senate, the Speaker of the
House of Representatives, the Senate and House of Representatives minority leaders, the chair and vice
chair of the Legislative Budget Commission, and the Attorney General.39
33 DOT Specs Book (January 2017) at Section 7-12.1, https://www.fdot.gov/docs/default-
source/programmanagement/implemented/specbooks/january2017/files/007-117.pdf (last visited Mar. 20, 2025).
34 Id. at Sections 7-13.2, 7-13.3, and 7-13.4.
35 Kelly White and Associates Insurance, LLC, Marine General Liability Insurance, https://kwhiteinsurance.com/marine-
insurance/#:~:text=Marine%20General%20Liability%20protects%20against,%2C%20stevedores%2C%20and%20terminal%20operators
(last visited Mar. 20, 2025).
36 S. 337.11(15), F.S.
37 Ch. 120, F.S.
38 S. 120.57(3), F.S. The Uniform Rules of Procedure relating to bid protests are contained in Rule 28-110, F.A.C.
39 S. 337.1101(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
14
Applications for Qualification
Under Florida law any contractor desiring to bid on a construction contract in excess of $250,000 must be certified
as qualified by DOT.40 DOT’s contractor certification rules address these qualifications and provide requirements
regarding a contractor’s equipment, past record, experience, financial resources, and organizational personnel.41
DOT may waive prequalification for projects of $500,000 or less if DOT determines that the project is of a
noncritical nature and the waiver will not endanger public health, safety, or property.42
Contractor Certification
Certification by DOT is required in order for a contractor to bid on a road, bridge, or public transportation
construction contract of more than $250,000. However, prior to the award of the contract, the successful bidder
must furnish a contract bond. DOT may waive all or a portion of the bonding requirement for contracts of $150,000
or less.43
Maintenance Contracts
Section 337.14(8), F.S., provides that that section, which relates to the applications for qualification and certificates
of qualification for DOT contractors does not apply to maintenance contracts.
State Arbitration Board
The State Arbitration Board (Board), within DOT, facilitates the prompt resolution of claims arising out of or in
connection with DOT’s construction or maintenance contract.44
The contractor45 may submit a claim46 of greater than $250,000 up to $1 million per contract or, upon agreement of
the parties, up to $2 million per contract for arbitration by the board. A board-issued award is final, unless a
request for a trial de novo is filed within certain time frames.47
Parties may not make an arbitration request prior to DOT’s final acceptance of the project;48 but such requests
must be made within 820 days after final acceptance.49
Suits By and Against DOT
Under current law, suits may be brought by and against DOT for certain contract-related claims, which must
commence within 820 days of DOT’s final acceptance of the work.50
Utility Relocation
40 Certification for qualification is pursuant to s. 337.14, F.S., and DOT rules.
41 S. 337.14(1), F.S.
42 S. 337.14(1), F.S.
43 S. 337.14(2), F.S.
44 S. 337.185(1), F.S.
45 Section 337.185(2)(b), F.S., defines the term “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.
46 Section 337.185(2)(a), F.S., defines the term “claim” to mean 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 the
department and could not be resolved by negotiation between the department and the contractor.
47 S. 337.185(4), F.S.
48 Section 337.185(2)(c), F.S., defines the term “final acceptance” to mean 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.
49 S. 337.185(5), F.S.
50 S. 337.19 (1) and (2), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
15
Current law authorizes an authority, defined as DOT and local governmental entities,51 with jurisdiction and
control of public roads or publicly-owned rail corridors to prescribe and enforce reasonable rules or regulations
regarding the placement and maintenance of utilities within their rights-of-way.52
For this purpose, the term “utility” is defined to mean electric transmission, voice, telegraph, data, or other
communications services lines or wireless facilities; pole lines; poles; railways; ditches; sewers; water, heat, or gas
mains; pipelines; fences; gasoline tanks and pumps; or other structures.53
An authority may grant a utility the use of its right-of-way in accordance with its rules or regulations. A utility may
not be installed, located, or relocated unless authorized by an authority-issued permit. However, for roads or rail
corridors under DOT’s jurisdiction, in lieu of a written permit, a utility relocation schedule and relocation
agreement may be executed. A utility permit must require that the permitholder is responsible for any damage
resulting from the issuance of such permit.54
In most cases, if the authority finds that a utility in its right-of-way is unreasonably interfering with the public road
or publicly owned rail corridor, the utility must, upon 30 days' written notice, initiate the work necessary, at its
own expense, to alleviate the interference. The work must be completed within such reasonable time as stated in
the notice or at such time as agreed to by the authority and the utility owner.55
Section 337.403, F.S., relates to interference caused by a utility. Under that statute, if the authority finds that a
utility within the right-of-way limits of any public road or publicly owned rail corridor to be unreasonably
interfering in any way with such public road or publicly owned rail corridor, the utility owner must, upon 30 days'
written notice, initiate the work necessary to alleviate the interference at its own expense except as provided in
various scenarios. The work must be completed within such a reasonable time as stated in the notice, or at such
time as agreed to by the authority and the utility owner.56
Among these scenarios, Florida law provides that if the relocation is needed due to a construction project on the
federal-aid interstate system, and the project’s costs are eligible and approved for federal reimbursement of 90
percent or more under the Federal-Aid Highway Act,57 the utility owning or operating such facilities must perform
any necessary work upon receiving notice from DOT. The amount the state pays for such work is after deducting
any increase in the value of a new facility and any salvage value derived from an old facility.58
When DOT and the utility execute a joint agreement for utility work as part of a contract to construct a
transportation facility, DOT may participate in the cost of utility work exceeding 10 percent of DOT's official
estimated cost of the utility work. DOT’s cost participation is limited to the difference between its official estimate
plus 10 percent and the amount awarded for this work in the construction contract. DOT may not participate in
any utility work costs that occur due to changes or additions during the course of the contract.59
51 Section 334.03(13), F.S., defines the term “local governmental entity” to mean a unit of government with less than statewide
jurisdiction, or any officially designated public agency or authority of such a unit of government, that has the responsibility for
planning, construction, operation, or maintenance of, or jurisdiction over, a transportation facility; the term includes, but is not
limited to, a county, an incorporated municipality, a metropolitan planning organization, an expressway or transportation
authority, a road and bridge district, a special road and bridge district, and a regional governmental unit.
52 S. 337.401 (1)(a), F.S
53 Id.
54 S. 337.401(2), F.S.
55 S. 337.403(1), F.S.
56 S. 337.403(1), F.S. Paragraphs (a)-(j) provide various scenarios regarding utility relocation.
57 Pub, L, No. 84-627.
58 S. 337.403(1)(a), F.S.
59 S. 337.403(1)(b), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
16
Metropolitan Planning Organizations
M.P.O.s and Primary Functions
Florida law provides that it is the intent of the Legislature to encourage and promote the safe and efficient
management, operation, and development of surface transportation systems that will serve the mobility needs of
people and freight and foster economic growth and development within and through urbanized areas of this state
while minimizing transportation-related fuel consumption, air pollution, and greenhouse gas emissions through
metropolitan transportation planning processes.60 To achieve this intent or objective, Florida law provides that
M.P.O.s, must develop, in cooperation with the state and public transit operators, transportation plans and
programs for metropolitan areas.61
M.P.O.s are entities comprised of representatives from local governments and transportation authorities that are
responsible for regional transportation planning in urbanized areas with populations of over 50,000 as determined
by the U.S. Census.62 As seen below, Florida has 27 M.P.O.s, and each have their own geographical boundary and
board of voting members.63
M.P.O. Designation
To the extent possible, only one M.P.O. is designated for each urbanized area or group of contiguous urbanized
areas. More than one M.P.O. may be designated within an existing urbanized area only if the Governor and the
existing M.P.O. determine that the size and complexity of the existing urbanized area makes the designation of
more than one M.P.O. for the area appropriate, in which case each M.P.O. designated for the area must:
Consult with every other M.P.O. designated for the urbanized area and the state to coordinate plans and
transportation improvement programs; and
Ensure, to the maximum extent practicable, the consistency of data used in the planning process, including
data used in forecasting travel demand within the urbanized area.64
Coordination with other M.P.O.s and Political Subdivisions
M.P.O.s are required to develop coordination mechanisms with one another to expand and improve transportation
within the state. The appropriate method of coordination between M.P.O.s may vary depending upon the project
involved and given local and regional needs. Consequently, discretion is used by M.P.O.s to coordinate with other
M.P.O.s and appropriate political subdivisions as circumstances demand.65
M.P.O.s and Transportation Planning
DOT and M.P.O.s are partners in the transportation planning, with DOT responsible for coordinating the state’s
long-range transportation goals, the Florida Transportation Plan (FTP),66 and M.P.O.s responsible for coordinating
60 S. 339.175(1), F.S.
61 Id.
62 Federal Transit Administration, Metropolitan Planning Organization (MPO), https://www.transit.dot.gov/regulations-and-
guidance/transportation-planning/metropolitan-planning-organization-mpo#:~:text=Planning%20Organization%20(MPO)-
,Overview,determined%20by%20the%20U.S.%20Census. (last visited Mar. 22, 2025).
63 DOT, Metropolitan Planning Organization Subject Brief, https://fdotwww.blob.core.windows.net/sitefinity/docs/default-
source/planning/policy/briefing-sheets/briefing_sheet_mpo_102720.pdf?sfvrsn=b17ab46b_2 (last visited Mar. 22, 2025).
64 S. 339.175(2), F.S.
65 S. 339.175(6)(j), F.S.
66 The FTP is a policy document updated at least once every five years and developed in compliance with requirements in s.
339.155, F.S. The FTP establishes and defines the state’s long-range transportation goals and objectives to be accomplished
over a period of at least 20 years. S. 339.155(1), F.S. It is based upon the prevailing principles of preserving the existing
transportation infrastructure, enhancing Florida’s economic competitiveness, improving travel choices to ensure mobility, and
expanding the state’s role as a hub for trade and investment. Id. The FTP is the single overarching plan guiding Florida’s
transportation future. DOT, Florida Transportation Plan, https://www.fdot.gov/planning/ftp/default.shtm (last visited Mar.
22, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
17
regional long-range transportation plans.67 The M.P.O.s develop their Long Range Transportation Plan (LRTP) to
implement national and state goals for their metropolitan area.68 Projects are developed and must be included in
the LRTP to be considered for funding.69 An M.P.O. must also develop its List of Priority Projects (LOPP), which
must be consistent with the LRTP and is used to inform the development of the Transportation Improvement
Program (TIP).70 An M.P.O.’s TIP includes a listing of projects planned for the next five fiscal years.71 TIPs from all
27 M.P.O.s are combined together, along with DOT’s other non-metropolitan statewide projects to form the
Statewide Transportation Improvement Program (STIP).72 To be eligible for federal funding, projects must be
included in the LRTP, TIP, and STIP.73 The projects included in an M.P.O.’s TIP are funded and completed through
the Work Program (WP).74
In developing the LRTP and the TIP, each M.P.O. must provide for consideration projects and strategies that will:
Support the economic vitality of the contiguous urbanized metropolitan area, especially by enabling global
competitiveness, productivity, and efficiency;
Increase the safety and security of the transportation system for motorized and nonmotorized users;
Increase the accessibility and mobility options available to people and for freight;
Protect and enhance the environment, promote energy conservation, and improve quality of life;
Enhance the integration and connectivity of the transportation system, across and between modes and
contiguous urbanized metropolitan areas, for people and freight;
Promote efficient system management and operation;
Emphasize the preservation of the existing transportation system; and
Improve the resilience of transportation infrastructure.75
The LRTP must, at a minimum:
Identify transportation facilities that will function as an integrated metropolitan transportation system.
o The LRTP must give emphasis to those transportation facilities that serve national, statewide, or
regional functions, and must consider the goals and objectives identified in the FTP.
o If a project is located within the boundaries of more than one M.P.O., the M.P.O.s must coordinate
plans regarding the project in the LRTP. Multiple M.P.O.s within a contiguous urbanized area must
coordinate the development of LRTPs to be reviewed by the Metropolitan Planning Organization
Advisory Council.
Include a financial plan that demonstrates how the plan can be implemented, indicating resources from
public and private sources which are reasonably expected to be available to carry out the plan, and
recommends any additional financing strategies for needed projects and programs.
o The financial plan may include, for illustrative purposes, additional projects that would be included
in the adopted LRTP if reasonable additional resources beyond those identified in the financial plan
were available. For the purpose of developing the LRTP, the M.P.O. and DOT must cooperatively
develop estimates of funds that will be available to support the plan implementation. Innovative
financing techniques may be used to fund needed projects and programs. Such techniques may
include the assessment of tolls, the use of value capture financing, or the use of value pricing.
Assess capital investment and other measures necessary to:
o Ensure the preservation of the existing metropolitan transportation system including requirements
for the operation, resurfacing, restoration, and rehabilitation of major roadways and requirements
for the operation, maintenance, modernization, and rehabilitation of public transportation facilities;
and
o Make the most efficient use of existing transportation facilities to relieve vehicular congestion,
improve safety, and maximize the mobility of people and goods. Such efforts must include, but are
67 DOT, supra note 63.
68 Id.
69 Id.
70 Id.
71 DOT, STIP Information, https://www.fdot.gov/workprogram/federal/stip-mpostip.shtm (last visited Mar. 21, 2025).
72 DOT, supra note 63.
73 Id.
74 Id.
75 S. 339.175(6)(b), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
18
not limited to, consideration of infrastructure and technological improvements necessary to
accommodate advances in vehicle technology, such as automated driving systems and other
developments.
Indicate, as appropriate, proposed transportation enhancement activities, including, but not limited to,
pedestrian and bicycle facilities, trails or facilities that are regionally significant or critical linkages for the
Florida Shared-Use Nonmotorized Trail Network, scenic easements, landscaping, historic preservation,
mitigation of water pollution due to highway runoff, and control of outdoor advertising.
Coordinate, in metropolitan areas that are classified as nonattainment areas for ozone or carbon monoxide,
the development of the LRTP with the State Implementation Plan developed pursuant to the requirements
of the federal Clean Air Act.76
In the development of its LRTP, each M.P.O. must provide the public, affected public agencies, representatives of
transportation agency employees, freight shippers, providers of freight transportation services, private providers
of transportation, representatives of users of public transit, and other interested parties with a reasonable
opportunity to comment on the LRTP. The LRTP must be approved by the M.P.O. 77
Feasibility Studies on Consolidation of Select M.P.O.s
The M.P.O.s serving Hillsborough, Pasco, and Pinellas Counties were required to submit, by December 31, 2023, a
feasibility report to the Governor, the President of the Senate, and the Speaker of the House of Representatives
exploring the benefits, costs, and process of consolidation into a single M.P.O. serving the contiguous urbanized
area, the goal of which was to:
Coordinate transportation projects deemed to be regionally significant;
Review the impact of regionally significant land use decisions on the region; and
Review all proposed regionally significant transportation projects in the TIPs.78
Metropolitan Planning Organization Advisory Council (MPOAC)
Under Florida law, the MPOAC was established with the purpose to augment, and not supplant, the role of the
individual M.P.O.s in the cooperative transportation planning process.79 The council consists of one representative
from each M.P.O. and annually elects a chairperson from its membership.80
The main powers and duties of the council are to:
Establish bylaws by action of its governing board providing procedural rules to guide its proceedings and
consideration of matters before the council, or, alternatively, adopt rules to implement provisions of law
conferring powers or duties upon the council;
Assist M.P.O.s in carrying out the urbanized area transportation planning process by serving as the
principal forum for collective policy discussion;
Serve as a clearinghouse for review and comment by M.P.O.s on the FTP and on other issues required to
comply with federal or state law in carrying out the urbanized area transportation and systematic planning
processes;
Employ an executive director and such other staff as necessary to perform adequately the functions of the
council, within budgetary limitations;
Deliver training on federal and state program requirements and procedures to M.P.O. board members and
M.P.O. staff; and
Adopt an agency strategic plan that prioritizes steps the agency will take to carry out its mission within the
context of the state comprehensive plan and any other statutory mandates and directives.81
76 S. 339.175(7), F.S.
77 Id.
78 S. 339.175(6)(i), F.S.
79 S. 339.175(11)(a), F.S.
80 S. 339.175(11)(b), F.S.
81 S. 339.175(11)(c), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
19
The council may also enter into contracts to support its duties.82
Strategic Intermodal System Highway Corridors
Florida’s Strategic Intermodal System (SIS) is its high priority network of transportation facilities important to the
state's economy and mobility.83 DOT must plan and develop SIS highway corridors to allow for high-speed and
high-volume.84 SIS highway corridors include facilities on State Highway System that meet DOT-adopted criteria,
including Interstate highways, the Florida Turnpike System, interregional and intercity limited access facilities.
existing interregional and intercity arterial highways meeting certain standards, and new limited access facilities
necessary to complete a balanced statewide system.85
DOT must develop and maintain a plan of SIS highway corridor projects that it anticipates, to contract for
construction within at least 20 the next years. This plan must also identify when SIS Highway Corridor segments
will SIS standards and criteria.86
Funding for Florida College System Equipment Simulators
Florida College System
The Florida College System provides higher education for Floridians, including recent high school graduates and
returning adult students. The 28-member colleges of the Florida College System respond quickly and efficiently to
meet the demand of employers by aligning certificate and degree programs with regional workforce needs. With an
array of programs and services, our colleges serve individuals, communities and the state with low-cost, high-
quality education opportunities.87
Rural Areas of Opportunity
A Rural Area of Opportunity (RAO) is a rural community,88 or region comprised of rural communities, designated
by the Governor, that has been adversely affected by an extraordinary economic event, severe or chronic distress,
or a natural disaster.89 An area may also be designated as an RAO if it presents a unique economic development
opportunity of regional impact.90 The designation of an RAO must be agreed upon by the Department of Commerce,
as well as the county and municipal governments to be included in the RAO.91
Widening of Interstate 4
Included in DOT’s Moving Florida Forward Initiative, is the acceleration of the addition of two new express lanes in
each direction along I-4 from west of U.S. 27 in Polk County to east of World Center Drive (S.R. 536) in Orange
County. DOT is also accelerating the construction of two new congestion relief lanes, one in each direction, between
U.S. 27 and east of World Drive.92
DOT District Boundaries
82 S. 339.175(11)(d), F.S.
83 DOT, Strategic Intermodal System, https://www.fdot.gov/planning/systems/sis (last visited Mar. 21, 2025).
84 S. 339.65(1), F.S.
85 S. 339.65(2), F.S.
86 S. 339.65(4), F.S.
87 Florida College System, Florida Department of Education, https://www.fldoe.org/schools/higher-ed/fl-college-system/ (last
visited Mar. 22, 2025).
88 S. 288.0656(2)(e), F.S.
89 S. 288.0656(2)(d), F.S.
90 Id.
91 S. 288.0656(7)(b), F.S.
92 DOT, Moving I-4 Forward, https://movingi4forward.com/ (last visited Mar. 21, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
20
DOT is a decentralized agency divided up into geographic districts. There are currently seven DOT districts:
Southwest Florida, Northeast Florida, Northwest Florida, Southeast Florida, Central Florida, South Florida, and
West Central Florida. DOT’s headquarters is in Tallahassee, and each of the seven districts have at least one office
in the district.93
Each DOT district varies in organizational structure, but in general, each has major divisions for Administration,
Planning, Production, and Operations. Additionally, each district has a Public Information Office that reports to the
District Secretary and a District Chief Counsel who reports to the DOT General Counsel in Tallahassee.94
Sarasota Manatee Airport Authority
The Sarasota Manatee Airport Authority was created as a public agency by the State of Florida to operate and
manage the Sarasota Bradenton International Airport. The Authority has six Commissioners appointed by the
Governor, each serving four-year terms. Three Commissioners reside in Manatee County and three reside in
Sarasota County.95
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IEconomic Infrastructure Keating Bauldree
Subcommittee
Transportation & Economic
Development Budget
Subcommittee
Commerce Committee
93 DOT, Districts, https://www.fdot.gov/agencyresources/districts/index.shtm (last visited Mar. 21, 2025).
94 Id.
95 Airport Authority, Sarasota Manatee Airport Authority, https://flysrq.com/airport-authority (last visited Mar. 22, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
21
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1 A bill to be entitled
2 An act relating to transportation; amending s. 212.20,
3 F.S.; requiring the Department of Revenue to make
4 monthly distributions from certain tax proceeds to the
5 State Transportation Trust Fund; providing for future
6 repeal; creating s. 218.3211, F.S.; requiring counties
7 to annually provide the Department of Transportation
8 with certain project data; providing requirements for
9 such data; providing duties of the department;
10 creating s. 320.0849, F.S.; requiring the Department
11 of Highway Safety and Motor Vehicles to issue
12 expectant mother parking permits; specifying the
13 validity period thereof; providing design requirements
14 for expectant mother parking permit placards or
15 decals; providing application requirements;
16 authorizing such permitholders to park in certain
17 spaces; amending s. 331.3051, F.S.; conforming
18 provisions to changes made by the act; amending s.
19 334.044, F.S.; revising conditions under which the
20 Department of Transportation may acquire property
21 through eminent domain; amending s. 334.065, F.S.;
22 revising membership of the Center for Urban
23 Transportation Research advisory board; creating s.
24 334.63, F.S.; providing requirements for certain
25 project concept studies and project development and
Page 1 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
26 environmental studies; amending s. 337.11, F.S.;
27 specifying that certain contractors provide a service
28 to the department; revising advertisement requirements
29 for certain construction contracts; providing
30 competitive bidding and award requirements for
31 contracts for certain projects; providing
32 construction; revising requirements for requests for
33 proposals for design-build contracts; revising
34 requirements for selection and award of phased design-
35 build contracts; removing provisions relating to
36 design-build and phased design-build contracts and
37 construction; requiring contracts to contain
38 protection and indemnity coverage; amending s.
39 337.1101, F.S.; prohibiting the department from
40 creating a new contract that is not competitively
41 procured; amending s. 337.14, F.S.; authorizing the
42 department to waive certain requirements for push-
43 button or task work order contracts; revising the
44 amount of contracts for which the department may waive
45 bonding requirements; requiring a contractor seeking
46 to bid on a certain maintenance contract to possess
47 certain qualifications; amending s. 337.185, F.S.;
48 revising the amount of a contract that may be subject
49 to arbitration; revising the timeframe in which
50 arbitration requests must be made to the State
Page 2 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
51 Arbitration Board; amending s. 337.19, F.S.; revising
52 the timeframe in which certain suits by and against
53 the department must commence; removing an obsolete
54 provision; amending s. 337.401, F.S.; requiring
55 certain underground utilities to be electronically
56 detectable by specified techniques; revising
57 requirements for the installation, removal, or
58 relocation of utilities; requiring the utility owner
59 to pay certain reasonable damages and reimburse
60 certain costs; defining the term "as-built plans";
61 requiring as-built plans to be submitted within a
62 certain timeframe with specific requirements;
63 requiring as-built plans to be submitted for
64 reimbursement of certain costs; amending s. 337.403,
65 F.S.; authorizing the department to reimburse a
66 portion of utility relocation costs under certain
67 circumstances; providing requirements for department
68 rules and procedures for engaging with utility owners;
69 requiring utility owners to submit utility relocation
70 schedules to the department; requiring the department
71 to grant an extension to the utility relocation
72 schedule during a state of emergency; authorizing the
73 department to give final notice if the utility owner
74 does not initiate work within a specified timeframe;
75 authorizing the department to withhold amounts due or
Page 3 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
76 exercise injunctive relief under certain
77 circumstances; requiring a supplementary utility
78 relocation schedule under certain circumstances;
79 providing that the utility owner is liable to the
80 department for certain damages; specifying utility
81 relocation procedures; providing for mediation between
82 the department and the utility owner; authorizing the
83 department to develop certain mediation rules and
84 procedures; amending s. 339.175, F.S.; revising
85 legislative intent; revising requirements for the
86 designation of additional M.P.O.'s; revising projects
87 and strategies to be considered in developing an
88 M.P.O.'s long-range transportation plan and
89 transportation improvement program; removing obsolete
90 provisions; requiring the department to convene
91 M.P.O.'s of similar size to exchange best practices;
92 authorizing such M.P.O.'s to develop committees or
93 working groups; requiring training for new M.P.O.
94 governing board members to be provided by the
95 department or another specified entity; removing
96 provisions relating to M.P.O. coordination mechanisms;
97 including public-private partnerships in authorized
98 financing techniques; revising proposed transportation
99 enhancement activities that must be indicated by the
100 long-range transportation plan; authorizing each
Page 4 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
101 M.P.O. to execute a written agreement with the
102 department regarding state and federal transportation
103 planning requirements; requiring the department and
104 M.P.O.'s to establish certain quality performance
105 metrics and develop certain performance targets;
106 requiring the department to evaluate and post on its
107 website whether each M.P.O. has made significant
108 progress toward such targets; removing provisions
109 relating to the Metropolitan Planning Organization
110 Advisory Council; amending s. 339.65, F.S.; requiring
111 the department to prioritize certain Strategic
112 Intermodal System highway corridor projects; amending
113 s. 339.84, F.S.; authorizing the department to expend
114 certain funds for grants for the purchase of certain
115 equipment within a specified timeframe; providing
116 requirements for grant recipients; requiring the
117 department to give certain priority in awarding
118 grants; amending ss. 202.20, 331.310, and 610.106,
119 F.S.; conforming cross-references; providing
120 legislative findings regarding widening of a certain
121 roadway; requiring the department to develop and
122 submit to the Governor and Legislature a report with
123 certain specifications; requiring the department to
124 submit to the Governor and Legislature a report
125 regarding department districts; creating s. 332.135,
Page 5 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
126 F.S.; providing definitions; providing construction;
127 requiring airport authorities to prepare and adopt an
128 airport master plan; requiring such plans to address
129 specified public facilities and services; requiring
130 such plans to make a specified determination;
131 requiring an airport authority to send such plan to
132 host local governments; requiring host local
133 governments to review such plan and provide comments
134 within a specified timeframe; requiring an airport
135 authority to advertise such review period and hold an
136 informal informational session for public
137 participation; requiring an airport authority to hold
138 a public hearing, after which it may adopt such plan;
139 requiring an airport authority to post the adopted
140 plan on its website and update such website at a
141 specified time; requiring an airport authority to
142 submit to a host local government a written request
143 for a determination of consistency with the host local
144 government comprehensive plan; requiring such host
145 local government to make such determination within a
146 specified timeframe; providing an assumption if such
147 host local government fails to make such
148 determination; providing that the airport master plan
149 may not conflict with the host local government
150 comprehensive plan; requiring notice to host local
Page 6 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
151 governments for proposals to expand the boundaries of
152 the airport site; authorizing host local governments
153 to impose reasonable development standards and
154 conditions within the expanded area; providing that an
155 airport authority is the exclusive local enforcement
156 agency and has certain jurisdiction; creating s.
157 332.136, F.S.; establishing an airport pilot program
158 at the Sarasota Manatee Airport Authority; requiring
159 such authority to prepare and adopt an airport master
160 plan; requiring such plan to address specified public
161 facilities and services; requiring such plan to make a
162 specified determination; requiring such authority to
163 send such plan to host local governments; requiring
164 host local governments to review such plan and provide
165 comments within a specified timeframe; requiring such
166 authority to advertise the review period and hold an
167 informal informational session; requiring such
168 authority to hold a public hearing, after which it may
169 adopt such plan; requiring such authority to post the
170 adopted plan on its website and update such website at
171 a specified time; requiring such authority to submit
172 to a host local government a written request for a
173 determination of consistency with the host local
174 government comprehensive plan; requiring the host
175 local government to make such determination within a
Page 7 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
176 specified timeframe; providing an assumption if the
177 host local government fails to make such
178 determination; providing that the airport master plan
179 may not conflict with the host local government
180 comprehensive plan; requiring notice to host local
181 governments for proposals to expand the boundaries of
182 the airport site; authorizing host local governments
183 to impose reasonable development standards and
184 conditions within such expanded area; providing that
185 the SMAA is the exclusive local enforcement agency and
186 has certain jurisdiction; requiring the Department of
187 Transportation to adopt rules; requiring the
188 department, by a specified date, to submit a report to
189 the Governor and the Legislature for specified
190 purposes; providing for repeal on a specified date;
191 providing an effective date.
192
193 Be It Enacted by the Legislature of the State of Florida:
194
195 Section 1. Paragraph (d) of subsection (6) of section
196 212.20, Florida Statutes, is amended to read:
197 212.20 Funds collected, disposition; additional powers of
198 department; operational expense; refund of taxes adjudicated
199 unconstitutionally collected.—
200 (6) Distribution of all proceeds under this chapter and
Page 8 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
201 ss. 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
202 (d) The proceeds of all other taxes and fees imposed
203 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
204 and (2)(b) shall be distributed as follows:
205 1. In any fiscal year, the greater of $500 million, minus
206 an amount equal to 4.6 percent of the proceeds of the taxes
207 collected pursuant to chapter 201, or 5.2 percent of all other
208 taxes and fees imposed pursuant to this chapter or remitted
209 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
210 monthly installments into the General Revenue Fund.
211 2. After the distribution under subparagraph 1., 8.9744
212 percent of the amount remitted by a sales tax dealer located
213 within a participating county pursuant to s. 218.61 shall be
214 transferred into the Local Government Half-cent Sales Tax
215 Clearing Trust Fund. Beginning July 1, 2003, the amount to be
216 transferred shall be reduced by 0.1 percent, and the department
217 shall distribute this amount to the Public Employees Relations
218 Commission Trust Fund less $5,000 each month, which shall be
219 added to the amount calculated in subparagraph 3. and
220 distributed accordingly.
221 3. After the distribution under subparagraphs 1. and 2.,
222 0.0966 percent shall be transferred to the Local Government
223 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
224 to s. 218.65.
225 4. After the distributions under subparagraphs 1., 2., and
Page 9 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
226 3., 2.0810 percent of the available proceeds shall be
227 transferred monthly to the Revenue Sharing Trust Fund for
228 Counties pursuant to s. 218.215.
229 5. After the distributions under subparagraphs 1., 2., and
230 3., 1.3653 percent of the available proceeds shall be
231 transferred monthly to the Revenue Sharing Trust Fund for
232 Municipalities pursuant to s. 218.215. If the total revenue to
233 be distributed pursuant to this subparagraph is at least as
234 great as the amount due from the Revenue Sharing Trust Fund for
235 Municipalities and the former Municipal Financial Assistance
236 Trust Fund in state fiscal year 1999-2000, no municipality shall
237 receive less than the amount due from the Revenue Sharing Trust
238 Fund for Municipalities and the former Municipal Financial
239 Assistance Trust Fund in state fiscal year 1999-2000. If the
240 total proceeds to be distributed are less than the amount
241 received in combination from the Revenue Sharing Trust Fund for
242 Municipalities and the former Municipal Financial Assistance
243 Trust Fund in state fiscal year 1999-2000, each municipality
244 shall receive an amount proportionate to the amount it was due
245 in state fiscal year 1999-2000.
246 6. Of the remaining proceeds:
247 a. In each fiscal year, the sum of $29,915,500 shall be
248 divided into as many equal parts as there are counties in the
249 state, and one part shall be distributed to each county. The
250 distribution among the several counties must begin each fiscal
Page 10 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
251 year on or before January 5th and continue monthly for a total
252 of 4 months. If a local or special law required that any moneys
253 accruing to a county in fiscal year 1999-2000 under the then-
254 existing provisions of s. 550.135 be paid directly to the
255 district school board, special district, or a municipal
256 government, such payment must continue until the local or
257 special law is amended or repealed. The state covenants with
258 holders of bonds or other instruments of indebtedness issued by
259 local governments, special districts, or district school boards
260 before July 1, 2000, that it is not the intent of this
261 subparagraph to adversely affect the rights of those holders or
262 relieve local governments, special districts, or district school
263 boards of the duty to meet their obligations as a result of
264 previous pledges or assignments or trusts entered into which
265 obligated funds received from the distribution to county
266 governments under then-existing s. 550.135. This distribution
267 specifically is in lieu of funds distributed under s. 550.135
268 before July 1, 2000.
269 b. The department shall distribute $166,667 monthly to
270 each applicant certified as a facility for a new or retained
271 professional sports franchise pursuant to s. 288.1162. Up to
272 $41,667 shall be distributed monthly by the department to each
273 certified applicant as defined in s. 288.11621 for a facility
274 for a spring training franchise. However, not more than $416,670
275 may be distributed monthly in the aggregate to all certified
Page 11 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
276 applicants for facilities for spring training franchises.
277 Distributions begin 60 days after such certification and
278 continue for not more than 30 years, except as otherwise
279 provided in s. 288.11621. A certified applicant identified in
280 this sub-subparagraph may not receive more in distributions than
281 expended by the applicant for the public purposes provided in s.
282 288.1162(5) or s. 288.11621(3).
283 c. The department shall distribute up to $83,333 monthly
284 to each certified applicant as defined in s. 288.11631 for a
285 facility used by a single spring training franchise, or up to
286 $166,667 monthly to each certified applicant as defined in s.
287 288.11631 for a facility used by more than one spring training
288 franchise. Monthly distributions begin 60 days after such
289 certification or July 1, 2016, whichever is later, and continue
290 for not more than 20 years to each certified applicant as
291 defined in s. 288.11631 for a facility used by a single spring
292 training franchise or not more than 25 years to each certified
293 applicant as defined in s. 288.11631 for a facility used by more
294 than one spring training franchise. A certified applicant
295 identified in this sub-subparagraph may not receive more in
296 distributions than expended by the applicant for the public
297 purposes provided in s. 288.11631(3).
298 d. The department shall distribute $15,333 monthly to the
299 State Transportation Trust Fund.
300 e.(I) On or before July 25, 2021, August 25, 2021, and
Page 12 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
301 September 25, 2021, the department shall distribute $324,533,334
302 in each of those months to the Unemployment Compensation Trust
303 Fund, less an adjustment for refunds issued from the General
304 Revenue Fund pursuant to s. 443.131(3)(e)3. before making the
305 distribution. The adjustments made by the department to the
306 total distributions shall be equal to the total refunds made
307 pursuant to s. 443.131(3)(e)3. If the amount of refunds to be
308 subtracted from any single distribution exceeds the
309 distribution, the department may not make that distribution and
310 must subtract the remaining balance from the next distribution.
311 (II) Beginning July 2022, and on or before the 25th day of
312 each month, the department shall distribute $90 million monthly
313 to the Unemployment Compensation Trust Fund.
314 (III) If the ending balance of the Unemployment
315 Compensation Trust Fund exceeds $4,071,519,600 on the last day
316 of any month, as determined from United States Department of the
317 Treasury data, the Office of Economic and Demographic Research
318 shall certify to the department that the ending balance of the
319 trust fund exceeds such amount.
320 (IV) This sub-subparagraph is repealed, and the department
321 shall end monthly distributions under sub-sub-subparagraph (II),
322 on the date the department receives certification under sub-sub-
323 subparagraph (III).
324 f. Beginning July 1, 2023, in each fiscal year, the
325 department shall distribute $27.5 million to the Florida
Page 13 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
326 Agricultural Promotional Campaign Trust Fund under s. 571.26,
327 for further distribution in accordance with s. 571.265.
328 g. Beginning October 1, 2025, and on or before the 25th
329 day of each month thereafter, the department shall distribute 6
330 cents per kilowatt hour of electricity used at public electric
331 vehicle charging stations to the State Transportation Trust Fund
332 from the proceeds of the tax imposed under s. 212.05(1)(e)1.c.
333 This sub-subparagraph is repealed June 20, 2030.
334 7. All other proceeds must remain in the General Revenue
335 Fund.
336 Section 2. Section 218.3211, Florida Statutes, is created
337 to read:
338 218.3211 County transportation project data.—Each county
339 must annually provide the Department of Transportation with
340 uniform project data. The data must conform to the county's
341 fiscal year and must include, but need not be limited to,
342 details on transportation revenues by source of taxes or fees,
343 expenditure of such revenues for projects that were funded, and
344 the unexpended balance of such revenues. The details of projects
345 must include, but need not be limited to, the cost, location,
346 and scope of each project. The scope of each project must be
347 categorized broadly, such as road widening, repair and
348 rehabilitation, addition of sidewalks, or any similarly broad
349 categorization. Revenues not dedicated to specific projects must
350 be detailed as to what programs the revenues are supporting. The
Page 14 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
351 Department of Transportation must inform each county of the
352 method and format for submitting the data. The Department of
353 Transportation shall compile the data and publish the
354 compilation of data on its website.
355 Section 3. Section 320.0849, Florida Statutes, is created
356 to read:
357 320.0849 Expectant mother parking permits.—
358 (1)(a) The department or its authorized agents shall, upon
359 application, issue an expectant mother parking permit placard or
360 decal to an expectant mother. The placard or decal is valid for
361 up to 1 year after the date of issuance.
362 (b) The department shall, by rule, provide for the design,
363 size, color, and placement of the expectant mother parking
364 permit placard or decal. The placard or decal must be designed
365 to conspicuously display the expiration date of the permit.
366 (2) An application for an expectant mother parking permit
367 must include, but need not be limited to:
368 (a) Certification provided by a physician licensed under
369 chapter 458 or chapter 459 that the applicant is an expectant
370 mother.
371 (b) The certifying physician's name and address.
372 (c) The physician's certification number.
373 (d) The following statement in bold letters: "An expectant
374 mother parking permit may be issued only to an expectant mother
375 and is valid for up to 1 year after the date of issuance."
Page 15 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
376 (e) The signatures of:
377 1. The certifying physician.
378 2. The applicant.
379 3. The employee of the department processing the
380 application.
381 (3) Notwithstanding any other provision of law, an
382 expectant mother who is issued an expectant mother parking
383 permit under this section may park a motor vehicle in a parking
384 space designated for persons who have disabilities as provided
385 in s. 553.5041.
386 Section 4. Subsection (14) of section 331.3051, Florida
387 Statutes, is amended to read:
388 331.3051 Duties of Space Florida.—Space Florida shall:
389 (14) Partner with the Metropolitan Planning Organization
390 Advisory Council to coordinate and specify how aerospace
391 planning and programming will be part of the state's cooperative
392 transportation planning process.
393 Section 5. Subsection (6) of section 334.044, Florida
394 Statutes, is amended to read:
395 334.044 Powers and duties of the department.—The
396 department shall have the following general powers and duties:
397 (6) To acquire, by the exercise of the power of eminent
398 domain as provided by law, all property or property rights,
399 whether public or private, which it may determine are necessary
400 to the performance of its duties and the execution of its
Page 16 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
401 powers, including advance purchase of property or property
402 rights to preserve a corridor for future proposed improvements.
403 Section 6. Subsection (3) of section 334.065, Florida
404 Statutes, is amended to read:
405 334.065 Center for Urban Transportation Research.—
406 (3) An advisory board shall be created to periodically and
407 objectively review and advise the center concerning its research
408 program. Except for projects mandated by law, state-funded base
409 projects shall not be undertaken without approval of the
410 advisory board. The membership of the board shall consist of
411 nine experts in transportation-related areas, as follows:
412 (a) A member appointed by the President of the Senate.
413 (b) A member appointed by the Speaker of the House of
414 Representatives.
415 (c) The Secretary of Transportation or his or her
416 designee.
417 (d) The Secretary of Commerce or his or her designee.
418 including the secretaries of the Department of Transportation,
419 the Department of Environmental Protection, and the Department
420 of Commerce, or their designees, and
421 (e) A member of the Florida Transportation Commission.
422 (f) The nomination of the remaining four members of the
423 board shall be made to the President of the University of South
424 Florida by the College of Engineering at the University of South
425 Florida., and The appointment of these members must be reviewed
Page 17 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
426 and approved by the Florida Transportation Commission and
427 confirmed by the Board of Governors.
428 Section 7. Section 334.63, Florida Statutes, is created to
429 read:
430 334.63 Project concept studies; project development and
431 environmental studies.—
432 (1) All project concept studies and project development
433 and environmental studies for capacity improvement projects on
434 limited-access facilities must include the evaluation of
435 alternatives that provide transportation capacity using elevated
436 roadways above existing lanes.
437 (2) All project development and environmental studies for
438 new alignment projects and new capacity improvement projects
439 must be completed within 18 months after commencement.
440 Section 8. Paragraphs (d) and (e) of subsection (7) of
441 section 337.11, Florida Statutes, are redesignated as paragraphs
442 (c) and (d), respectively, and subsection (1), paragraph (a) of
443 subsection (3), subsection (4), present paragraphs (a), (b),
444 (c), and (e) of subsection (7), and subsection (15) of that
445 section are amended to read:
446 337.11 Contracting authority of department; bids;
447 emergency repairs, supplemental agreements, and change orders;
448 combined design and construction contracts; progress payments;
449 records; requirements of vehicle registration.—
450 (1) The department shall have authority to enter into
Page 18 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
451 contracts for the construction and maintenance of all roads
452 designated as part of the State Highway System or the State Park
453 Road System or of any roads placed under its supervision by law.
454 The department shall also have authority to enter into contracts
455 for the construction and maintenance of rest areas, weigh
456 stations, and other structures, including roads, parking areas,
457 supporting facilities and associated buildings used in
458 connection with such facilities. Contractors under contract with
459 the department for such projects provide a service to the
460 department, and However, no such contract shall create any
461 third-party beneficiary rights in any person not a party to the
462 contract.
463 (3)(a) On all construction contracts of $250,000 or less,
464 and any construction contract of less than $500,000 for which
465 the department has waived prequalification under s. 337.14, the
466 department shall advertise for bids in a newspaper having
467 general circulation in the county where the proposed work is
468 located. Publication shall be at least once a week for no less
469 than 2 consecutive weeks, and the first publication shall be no
470 less than 14 days before prior to the date on which bids are to
471 be received.
472 (4)(a) The department may award the proposed construction
473 and maintenance work to the lowest responsible bidder, or in the
474 instance of a time-plus-money contract, the lowest evaluated
475 responsible bidder, or it may reject all bids and proceed to
Page 19 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
476 rebid the work in accordance with subsection (2) or otherwise
477 perform the work.
478 (b)1. Notwithstanding any other provision of law to the
479 contrary, on projects for which the department's estimate is
480 $100 million or less, the department shall award the proposed
481 construction and maintenance work to the lowest responsive and
482 responsible bidder. If the department receives bids outside the
483 award criteria set forth by the department, the department must
484 arrange an in-person meeting with the lowest responsive and
485 responsible bidder to ascertain reasons for the bids being over
486 the department's estimate. The department may subsequently award
487 the contract to the lowest responsive and responsible bidder,
488 may reject all bids and proceed to rebid the work, or may invite
489 all responsive and responsible bidders to provide best and final
490 offers without filing a protest or posting a bond under
491 paragraph (5)(a). If the department thereafter awards the
492 contract, the award must be to the bidder who provides the best
493 and final offer.
494 2. If the department intends to reject all bids on a
495 project after announcing but before posting official notice of
496 its intent to reject all bids, the department must provide to
497 the lowest responsive and responsible bidder the opportunity to
498 negotiate the scope of work with the corresponding reduction in
499 price, as provided in the bid, to provide a best and final offer
500 without filing a protest or posting a bond under paragraph
Page 20 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
501 (5)(a). Upon reaching a decision regarding such bidder's best
502 and final offer, the department must post notice of final agency
503 action to either reject all bids or accept the best and final
504 offer.
505 3. This subsection does not prohibit the filing of a
506 protest by any bidder or alter the deadlines in s. 120.57.
507 4. Notwithstanding s. 120.57(3)(c) and s. 287.057(25),
508 upon receipt of a timely filed formal written protest, the
509 department may continue with the process provided for in this
510 section but may not take final agency action as to the lowest
511 responsive and responsible bidder, except as part of the
512 department's final agency action in the protest or if the
513 protesting party dismisses the protest.
514 (7)(a) If the department determines that it is in the best
515 interests of the public, the department may combine the design
516 and construction phases of a project into a single contract.
517 Such contract is referred to as a design-build contract. For
518 design-build contracts, the department must receive at least
519 three letters of interest, and the department shall request
520 proposals from no fewer than three of the design-build firms
521 submitting such letters of interest. If a design-build firm
522 withdraws from consideration after the department requests
523 proposals, the department may continue if at least two proposals
524 are received.
525 (b) If the department determines that it is in the best
Page 21 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
526 interests of the public, the department may combine the design
527 and construction phases of a project fully funded in the work
528 program into a single contract and select the design-build firm
529 in the early stages of a project to ensure that the design-build
530 firm is part of the collaboration and development of the design
531 as part of a step-by-step progression through construction. Such
532 a contract is referred to as a phased design-build contract. For
533 phased design-build contracts, selection and award must include
534 a two-phase process. For phase one, the department shall
535 competitively award the contract to a design-build firm based
536 upon qualifications, provided that the department has received
537 at least three statements of qualifications from qualified
538 design-build firms. If the department elects, during phase one,
539 to enter into contracts with more than one design-build firm
540 based on qualifications, the department shall competitively
541 award the contract for phase two to a single design-build firm.
542 For phase two, the design-build firm may independently perform
543 portions of the work and shall competitively bid construction
544 trade subcontractor packages and, based upon the design-build
545 firm's estimates of its independently performed work and these
546 bids, negotiate with the department a fixed firm price or
547 guaranteed maximum price that meets the project budget and scope
548 as advertised in the request for qualifications.
549 (c) Design-build contracts and phased design-build
550 contracts may be advertised and awarded notwithstanding the
Page 22 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
551 requirements of paragraph (3)(c). However, construction
552 activities may not begin on any portion of such projects for
553 which the department has not yet obtained title to the necessary
554 rights-of-way and easements for the construction of that portion
555 of the project has vested in the state or a local governmental
556 entity and all railroad crossing and utility agreements have
557 been executed. Title to rights-of-way shall be deemed to have
558 vested in the state when the title has been dedicated to the
559 public or acquired by prescription.
560 (d)(e) For design-build contracts and phased design-build
561 contracts, the department must receive at least three letters of
562 interest, and in order to proceed with a request for proposals.
563 the department shall request proposals from no fewer than three
564 of the design-build firms submitting such letters of interest.
565 If a design-build firm withdraws from consideration after the
566 department requests proposals, the department may continue if at
567 least two proposals are received.
568 (15) Each contract let by the department for performance
569 of bridge construction or maintenance on over navigable waters
570 must contain a provision requiring marine general liability
571 insurance, including protection and indemnity coverage, in an
572 amount to be determined by the department, which covers third-
573 party personal injury and property damage caused by vessels used
574 by the contractor in the performance of the work. Protection and
575 indemnity coverage may be covered by endorsement on the marine
Page 23 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
576 general liability insurance policy or may be a separate policy.
577 Section 9. Subsection (3) is added to section 337.1101,
578 Florida Statutes, to read:
579 337.1101 Contracting and procurement authority of the
580 department; settlements; notification required.—
581 (3) The department may not, through a settlement of a
582 protest filed in accordance with s. 120.57(3) of the award of a
583 contract being procured pursuant to s. 337.11 or related to the
584 purchase of personal property or contractual services being
585 procured pursuant to s. 287.057, create a new contract unless
586 the new contract is competitively procured.
587 Section 10. Subsections (1), (2), and (8) of section
588 337.14, Florida Statutes, are amended to read:
589 337.14 Application for qualification; certificate of
590 qualification; restrictions; request for hearing.—
591 (1)(a) A Any contractor desiring to bid for the
592 performance of a any construction contract in excess of $250,000
593 which the department proposes to let must first be certified by
594 the department as qualified pursuant to this section and rules
595 of the department. The rules of the department must address the
596 qualification of contractors to bid on construction contracts in
597 excess of $250,000 and must include requirements with respect to
598 the equipment, past record, experience, financial resources, and
599 organizational personnel of the applying contractor which are
600 necessary to perform the specific class of work for which the
Page 24 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
601 contractor seeks certification.
602 (b) A Any contractor who desires to bid on contracts in
603 excess of $50 million and who is not qualified and in good
604 standing with the department as of January 1, 2019, must first
605 be certified by the department as qualified and must have
606 satisfactorily completed two projects, each in excess of $15
607 million, for the department or for any other state department of
608 transportation.
609 (c) The department may limit the dollar amount of any
610 contract upon which a contractor is qualified to bid or the
611 aggregate total dollar volume of contracts such contractor is
612 allowed to have under contract at any one time.
613 (d)1. Each applying contractor seeking qualification to
614 bid on construction contracts in excess of $250,000 shall
615 furnish the department a statement under oath, on such forms as
616 the department may prescribe, setting forth detailed information
617 as required on the application.
618 2. Each application for certification must be accompanied
619 by audited, certified financial statements prepared in
620 accordance with generally accepted accounting principles and
621 auditing standards by a certified public accountant licensed in
622 this state or another state. The audited, certified financial
623 statements must be for the applying contractor and must have
624 been prepared within the immediately preceding 12 months.
625 3. The department may not consider any financial
Page 25 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
626 information of the parent entity of the applying contractor, if
627 any.
628 4. The department may not certify as qualified any
629 applying contractor who fails to submit the audited, certified
630 financial statements required by this subsection.
631 5. If the application or the annual financial statement
632 shows the financial condition of the applying contractor more
633 than 4 months before the date on which the application is
634 received by the department, the applicant must also submit
635 interim audited, certified financial statements prepared in
636 accordance with generally accepted accounting principles and
637 auditing standards by a certified public accountant licensed in
638 this state or another state. The interim financial statements
639 must cover the period from the end date of the annual statement
640 and must show the financial condition of the applying contractor
641 no more than 4 months before the date that the interim financial
642 statements are received by the department. However, upon the
643 request of the applying contractor, an application and
644 accompanying annual or interim financial statement received by
645 the department within 15 days after either 4-month period under
646 this subsection shall be considered timely.
647 6. An applying contractor desiring to bid exclusively for
648 the performance of construction contracts with proposed budget
649 estimates of less than $2 million may submit reviewed annual or
650 reviewed interim financial statements prepared by a certified
Page 26 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
651 public accountant.
652 (e) The information required by this subsection is
653 confidential and exempt from s. 119.07(1).
654 (f) The department shall act upon the application for
655 qualification within 30 days after the department determines
656 that the application is complete.
657 (g) The department may waive the requirements of this
658 subsection for:
659 1. A project with a diverse set of scopes of work that may
660 be performed under the project, typically referred to as a
661 "push-button contract" or a "task work order contract," which
662 has a contract price of $1 million or less; or
663 2. A project that has projects having a contract price of
664 $500,000 or less if the department determines that the project
665 is of a noncritical nature and the waiver will not endanger
666 public health, safety, or property.
667 (2) Certification shall be necessary in order to bid on a
668 road, bridge, or public transportation construction contract of
669 more than $250,000. However, the successful bidder on any
670 construction contract must furnish a contract bond before prior
671 to the award of the contract. The department may waive the
672 requirement for all or a portion of a contract bond for
673 contracts of $250,000 $150,000 or less under s. 337.18(1).
674 (8) This section does not apply to maintenance contracts.
675 Notwithstanding any other provision of law, a contractor seeking
Page 27 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
676 to bid on a maintenance contract that predominantly includes
677 repair and replacement of safety appurtenances, including, but
678 not limited to, guardrails, attenuators, traffic signals, and
679 striping, must possess the prescribed qualifications, equipment,
680 past record, and experience required to perform such work.
681 Section 11. Subsections (4) and (5) of section 337.185,
682 Florida Statutes, are amended to read:
683 337.185 State Arbitration Board.—
684 (4) The contractor may submit a claim greater than
685 $250,000 up to $1 million per contract or, upon agreement of the
686 parties, greater than up to $2 million per contract to be
687 arbitrated by the board. An award issued by the board pursuant
688 to this subsection is final if a request for a trial de novo is
689 not filed within the time provided by Rule 1.830, Florida Rules
690 of Civil Procedure. At the trial de novo, the court may not
691 admit evidence that there has been an arbitration proceeding,
692 the nature or amount of the award, or any other matter
693 concerning the conduct of the arbitration proceeding, except
694 that sworn testimony given in connection with at an arbitration
695 hearing may be used for any purpose otherwise permitted by the
696 Florida Evidence Code. If a request for trial de novo is not
697 filed within the time provided, the award issued by the board is
698 final and enforceable by a court of law.
699 (5) An arbitration request may not be made to the board
700 before final acceptance but must be made to the board:
Page 28 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
701 (a) Within 820 days after final acceptance; or
702 (b) Within 360 days after written notice by the department
703 of a claim related to a written warranty or defect after final
704 acceptance.
705 Section 12. Subsection (2) of section 337.19, Florida
706 Statutes, is amended to read:
707 337.19 Suits by and against department; limitation of
708 actions; forum.—
709 (2) Suits by and against the department under this section
710 shall be commenced within 820 days after of the final acceptance
711 of the work or within 360 days after written notice by the
712 department of a claim related to a written warranty or defect
713 after final acceptance. This section shall apply to all
714 contracts entered into after June 30, 1993.
715 Section 13. Subsections (3) through (9) of section
716 337.401, Florida Statutes, are renumbered as subsections (4)
717 through (10), respectively, subsections (1) and (2), paragraphs
718 (a), (c), and (g) of present subsection (3), present subsection
719 (5), paragraph (e) of present subsection (6), and paragraphs (d)
720 and (n) of present subsection (7) are amended, and a new
721 subsection (3) is added to that section, to read:
722 337.401 Use of right-of-way for utilities subject to
723 regulation; permit; fees.—
724 (1)(a) The department and local governmental entities,
725 referred to in this section and in ss. 337.402-337.404 as the
Page 29 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
726 "authority," that have jurisdiction and control of public roads
727 or publicly owned rail corridors are authorized to prescribe and
728 enforce reasonable rules or regulations with reference to the
729 placing and maintaining across, on, or within the right-of-way
730 limits of any road or publicly owned rail corridors under their
731 respective jurisdictions any electric transmission, voice,
732 telegraph, data, or other communications services lines or
733 wireless facilities; pole lines; poles; railways; ditches;
734 sewers; water, heat, or gas mains; pipelines; fences; gasoline
735 tanks and pumps; or other structures referred to in this section
736 and in ss. 337.402-337.404 as the "utility." The department may
737 enter into a permit-delegation agreement with a governmental
738 entity if issuance of a permit is based on requirements that the
739 department finds will ensure the safety and integrity of
740 facilities of the Department of Transportation; however, the
741 permit-delegation agreement does not apply to facilities of
742 electric utilities as defined in s. 366.02(4).
743 (b) For aerial and underground electric utility
744 transmission lines designed to operate at 69 or more kilovolts
745 that are needed to accommodate the additional electrical
746 transfer capacity on the transmission grid resulting from new
747 base-load generating facilities, the department's rules shall
748 provide for placement of and access to such transmission lines
749 adjacent to and within the right-of-way of any department-
750 controlled public roads, including longitudinally within limited
Page 30 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
751 access facilities where there is no other practicable
752 alternative available, to the greatest extent allowed by federal
753 law, if compliance with the standards established by such rules
754 is achieved. Without limiting or conditioning the department's
755 jurisdiction or authority described in paragraph (a), with
756 respect to limited access right-of-way, such rules may include,
757 but need not be limited to, that the use of the right-of-way for
758 longitudinal placement of electric utility transmission lines is
759 reasonable based upon a consideration of economic and
760 environmental factors, including, without limitation, other
761 practicable alternative alignments, utility corridors and
762 easements, impacts on adjacent property owners, and minimum
763 clear zones and other safety standards, and further provide that
764 placement of the electric utility transmission lines within the
765 department's right-of-way does not interfere with operational
766 requirements of the transportation facility or planned or
767 potential future expansion of such transportation facility. If
768 the department approves longitudinal placement of electric
769 utility transmission lines in limited access facilities,
770 compensation for the use of the right-of-way is required. Such
771 consideration or compensation paid by the electric utility owner
772 in connection with the department's issuance of a permit does
773 not create any property right in the department's property
774 regardless of the amount of consideration paid or the
775 improvements constructed on the property by the utility owner.
Page 31 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
776 Upon notice by the department that the property is needed for
777 expansion or improvement of the transportation facility, the
778 electric utility transmission line will be removed or relocated
779 at the utility owner's electric utility's sole expense. The
780 electric utility owner shall pay to the department reasonable
781 damages resulting from the utility owner's utility's failure or
782 refusal to timely remove or relocate its transmission lines. The
783 rules to be adopted by the department may also address the
784 compensation methodology and removal or relocation. As used in
785 this subsection, the term "base-load generating facilities"
786 means electric power plants that are certified under part II of
787 chapter 403.
788 (c) The utility owner shall make all new, replaced, or
789 relocated underground facilities within the right-of-way
790 electronically detectable using techniques approved by the
791 department.
792 (2) The authority may grant to any person who is a
793 resident of this state, or to any corporation that which is
794 organized under the laws of this state or licensed to do
795 business within this state, the use of a right-of-way for the
796 utility in accordance with such rules or regulations as the
797 authority may adopt. A utility may not be installed, located, or
798 relocated unless authorized by a written permit issued by the
799 authority. However, for public roads or publicly owned rail
800 corridors under the jurisdiction of the department, a utility
Page 32 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
801 relocation schedule and relocation agreement may be executed in
802 lieu of a written permit. The permit or relocation agreement
803 must require the utility owner permitholder to be responsible
804 for any damage resulting from the work required issuance of such
805 permit. The utility owner shall also pay to the authority
806 reasonable damages resulting from the utility owner's failure or
807 refusal to timely remove or relocate its utility lines. Issuance
808 of permits for new installation of utilities within the
809 authority's rights-of-way may be subject to reimbursement of any
810 costs incurred by the authority due to the failure of the
811 utility owner to timely relocate utilities pursuant to an
812 approved utility work schedule or due to work performed by the
813 utility owner which damages existing infrastructure and causes a
814 roadway failure. The authority may initiate injunctive
815 proceedings as provided in s. 120.69 to enforce provisions of
816 this subsection or any rule or order issued or entered into
817 pursuant to this subsection thereto. A permit application
818 required under this subsection by a county or municipality
819 having jurisdiction and control of the right-of-way of any
820 public road must be processed and acted upon in accordance with
821 the timeframes provided in subparagraphs (8)(d)7., 8., and 9.
822 (7)(d)7., 8., and 9.
823 (3)(a) As used in this section, the term "as-built plans"
824 means plans that include all changes and modifications that
825 occur during the construction phase of a project. The authority
Page 33 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
826 and the utility owner shall agree in writing to an approved
827 installation depth of the as-built plans according to the
828 project scope.
829 (b) The utility owner shall submit as-built plans within
830 20 business days after completion of the utility work which show
831 actual final surface and subsurface utilities, including
832 location, alignment, profile, installation depth, and geodetic
833 datum of each structure. Such plans shall be in an electronic
834 format compatible with department software. Exceptions to this
835 electronic submission requirement must be agreed upon by the
836 department in writing.
837 (c) Submission of the as-built plans is a condition
838 precedent to any reimbursement of costs by the authority
839 pursuant to s. 337.403(1)(a).
840 (4)(a)(3)(a) Because of the unique circumstances
841 applicable to providers of communications services, including,
842 but not limited to, the circumstances described in paragraph (e)
843 and the fact that federal and state law require the
844 nondiscriminatory treatment of providers of telecommunications
845 services, and because of the desire to promote competition among
846 providers of communications services, it is the intent of the
847 Legislature that municipalities and counties treat providers of
848 communications services in a nondiscriminatory and competitively
849 neutral manner when imposing rules or regulations governing the
850 placement or maintenance of communications facilities in the
Page 34 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
851 public roads or rights-of-way. Rules or regulations imposed by a
852 municipality or county relating to providers of communications
853 services placing or maintaining communications facilities in its
854 roads or rights-of-way must be generally applicable to all
855 providers of communications services, taking into account the
856 distinct engineering, construction, operation, maintenance,
857 public works, and safety requirements of the provider's
858 facilities, and, notwithstanding any other law, may not require
859 a provider of communications services to apply for or enter into
860 an individual license, franchise, or other agreement with the
861 municipality or county as a condition of placing or maintaining
862 communications facilities in its roads or rights-of-way. In
863 addition to other reasonable rules or regulations that a
864 municipality or county may adopt relating to the placement or
865 maintenance of communications facilities in its roads or rights-
866 of-way under this subsection or subsection (8) (7), a
867 municipality or county may require a provider of communications
868 services that places or seeks to place facilities in its roads
869 or rights-of-way to register with the municipality or county. To
870 register, a provider of communications services may be required
871 only to provide its name; the name, address, and telephone
872 number of a contact person for the registrant; the number of the
873 registrant's current certificate of authorization issued by the
874 Florida Public Service Commission, the Federal Communications
875 Commission, or the Department of State; a statement of whether
Page 35 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
876 the registrant is a pass-through provider as defined in
877 subparagraph (7)(a)1. (6)(a)1.; the registrant's federal
878 employer identification number; and any required proof of
879 insurance or self-insuring status adequate to defend and cover
880 claims. A municipality or county may not require a registrant to
881 renew a registration more frequently than every 5 years but may
882 require during this period that a registrant update the
883 registration information provided under this subsection within
884 90 days after a change in such information. A municipality or
885 county may not require the registrant to provide an inventory of
886 communications facilities, maps, locations of such facilities,
887 or other information by a registrant as a condition of
888 registration, renewal, or for any other purpose; provided,
889 however, that a municipality or county may require as part of a
890 permit application that the applicant identify at-grade
891 communications facilities within 50 feet of the proposed
892 installation location for the placement of at-grade
893 communications facilities. A municipality or county may not
894 require a provider to pay any fee, cost, or other charge for
895 registration or renewal thereof. It is the intent of the
896 Legislature that the placement, operation, maintenance,
897 upgrading, and extension of communications facilities not be
898 unreasonably interrupted or delayed through the permitting or
899 other local regulatory process. Except as provided in this
900 chapter or otherwise expressly authorized by chapter 202,
Page 36 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
901 chapter 364, or chapter 610, a municipality or county may not
902 adopt or enforce any ordinance, regulation, or requirement as to
903 the placement or operation of communications facilities in a
904 right-of-way by a communications services provider authorized by
905 state or local law to operate in a right-of-way; regulate any
906 communications services; or impose or collect any tax, fee,
907 cost, charge, or exaction for the provision of communications
908 services over the communications services provider's
909 communications facilities in a right-of-way.
910 (c) Any municipality or county that, as of January 1,
911 2019, elected to require permit fees from any provider of
912 communications services that uses or occupies municipal or
913 county roads or rights-of-way pursuant to former paragraph (c)
914 or former paragraph (j), Florida Statutes 2018, may continue to
915 require and collect such fees. A municipality or county that
916 elected as of January 1, 2019, to require permit fees may elect
917 to forego such fees as provided herein. A municipality or county
918 that elected as of January 1, 2019, not to require permit fees
919 may not elect to impose permit fees. All fees authorized under
920 this paragraph must be reasonable and commensurate with the
921 direct and actual cost of the regulatory activity, including
922 issuing and processing permits, plan reviews, physical
923 inspection, and direct administrative costs; must be
924 demonstrable; and must be equitable among users of the roads or
925 rights-of-way. A fee authorized under this paragraph may not be
Page 37 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
926 offset against the tax imposed under chapter 202; include the
927 costs of roads or rights-of-way acquisition or roads or rights-
928 of-way rental; include any general administrative, management,
929 or maintenance costs of the roads or rights-of-way; or be based
930 on a percentage of the value or costs associated with the work
931 to be performed on the roads or rights-of-way. In an action to
932 recover amounts due for a fee not authorized under this
933 paragraph, the prevailing party may recover court costs and
934 attorney fees at trial and on appeal. In addition to the
935 limitations set forth in this section, a fee levied by a
936 municipality or charter county under this paragraph may not
937 exceed $100. However, permit fees may not be imposed with
938 respect to permits that may be required for service drop lines
939 not required to be noticed under s. 556.108(5) or for any
940 activity that does not require the physical disturbance of the
941 roads or rights-of-way or does not impair access to or full use
942 of the roads or rights-of-way, including, but not limited to,
943 the performance of service restoration work on existing
944 facilities, extensions of such facilities for providing
945 communications services to customers, and the placement of micro
946 wireless facilities in accordance with subparagraph (8)(e)3.
947 (7)(e)3.
948 1. If a municipality or charter county elects to not
949 require permit fees, the total rate for the local communications
950 services tax as computed under s. 202.20 for that municipality
Page 38 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
951 or charter county may be increased by ordinance or resolution by
952 an amount not to exceed a rate of 0.12 percent.
953 2. If a noncharter county elects to not require permit
954 fees, the total rate for the local communications services tax
955 as computed under s. 202.20 for that noncharter county may be
956 increased by ordinance or resolution by an amount not to exceed
957 a rate of 0.24 percent, to replace the revenue the noncharter
958 county would otherwise have received from permit fees for
959 providers of communications services.
960 (g) A municipality or county may not use its authority
961 over the placement of facilities in its roads and rights-of-way
962 as a basis for asserting or exercising regulatory control over a
963 provider of communications services regarding matters within the
964 exclusive jurisdiction of the Florida Public Service Commission
965 or the Federal Communications Commission, including, but not
966 limited to, the operations, systems, equipment, technology,
967 qualifications, services, service quality, service territory,
968 and prices of a provider of communications services. A
969 municipality or county may not require any permit for the
970 maintenance, repair, replacement, extension, or upgrade of
971 existing aerial wireline communications facilities on utility
972 poles or for aerial wireline facilities between existing
973 wireline communications facility attachments on utility poles by
974 a communications services provider. However, a municipality or
975 county may require a right-of-way permit for work that involves
Page 39 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
976 excavation, closure of a sidewalk, or closure of a vehicular
977 lane or parking lane, unless the provider is performing service
978 restoration to existing facilities. A permit application
979 required by an authority under this section for the placement of
980 communications facilities must be processed and acted upon
981 consistent with the timeframes provided in subparagraphs
982 (8)(d)7., 8., and 9. (7)(d)7., 8., and 9. In addition, a
983 municipality or county may not require any permit or other
984 approval, fee, charge, or cost, or other exaction for the
985 maintenance, repair, replacement, extension, or upgrade of
986 existing aerial lines or underground communications facilities
987 located on private property outside of the public rights-of-way.
988 As used in this section, the term "extension of existing
989 facilities" includes those extensions from the rights-of-way
990 into a customer's private property for purposes of placing a
991 service drop or those extensions from the rights-of-way into a
992 utility easement to provide service to a discrete identifiable
993 customer or group of customers.
994 (6)(5) This section, except subsections (1) and (2) and
995 paragraph (4)(g) (3)(g), does not apply to the provision of pay
996 telephone service on public, municipal, or county roads or
997 rights-of-way.
998 (7)(6)
999 (e) This subsection does not alter any provision of this
1000 section or s. 202.24 relating to taxes, fees, or other charges
Page 40 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1001 or impositions by a municipality or county on a dealer of
1002 communications services or authorize that any charges be
1003 assessed on a dealer of communications services, except as
1004 specifically set forth herein. A municipality or county may not
1005 charge a pass-through provider any amounts other than the
1006 charges under this subsection as a condition to the placement or
1007 maintenance of a communications facility in the roads or rights-
1008 of-way of a municipality or county by a pass-through provider,
1009 except that a municipality or county may impose permit fees on a
1010 pass-through provider consistent with paragraph (4)(c) (3)(c).
1011 (8)(7)
1012 (d) An authority may require a registration process and
1013 permit fees in accordance with subsection (4) (3). An authority
1014 shall accept applications for permits and shall process and
1015 issue permits subject to the following requirements:
1016 1. An authority may not directly or indirectly require an
1017 applicant to perform services unrelated to the collocation for
1018 which approval is sought, such as in-kind contributions to the
1019 authority, including reserving fiber, conduit, or pole space for
1020 the authority.
1021 2. An applicant may not be required to provide more
1022 information to obtain a permit than is necessary to demonstrate
1023 the applicant's compliance with applicable codes for the
1024 placement of small wireless facilities in the locations
1025 identified in the application. An applicant may not be required
Page 41 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1026 to provide inventories, maps, or locations of communications
1027 facilities in the right-of-way other than as necessary to avoid
1028 interference with other at-grade or aerial facilities located at
1029 the specific location proposed for a small wireless facility or
1030 within 50 feet of such location.
1031 3. An authority may not:
1032 a. Require the placement of small wireless facilities on
1033 any specific utility pole or category of poles;
1034 b. Require the placement of multiple antenna systems on a
1035 single utility pole;
1036 c. Require a demonstration that collocation of a small
1037 wireless facility on an existing structure is not legally or
1038 technically possible as a condition for granting a permit for
1039 the collocation of a small wireless facility on a new utility
1040 pole except as provided in paragraph (i);
1041 d. Require compliance with an authority's provisions
1042 regarding placement of small wireless facilities or a new
1043 utility pole used to support a small wireless facility in
1044 rights-of-way under the control of the department unless the
1045 authority has received a delegation from the department for the
1046 location of the small wireless facility or utility pole, or
1047 require such compliance as a condition to receive a permit that
1048 is ancillary to the permit for collocation of a small wireless
1049 facility, including an electrical permit;
1050 e. Require a meeting before filing an application;
Page 42 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1051 f. Require direct or indirect public notification or a
1052 public meeting for the placement of communication facilities in
1053 the right-of-way;
1054 g. Limit the size or configuration of a small wireless
1055 facility or any of its components, if the small wireless
1056 facility complies with the size limits in this subsection;
1057 h. Prohibit the installation of a new utility pole used to
1058 support the collocation of a small wireless facility if the
1059 installation otherwise meets the requirements of this
1060 subsection; or
1061 i. Require that any component of a small wireless facility
1062 be placed underground except as provided in paragraph (i).
1063 4. Subject to paragraph (r), an authority may not limit
1064 the placement, by minimum separation distances, of small
1065 wireless facilities, utility poles on which small wireless
1066 facilities are or will be collocated, or other at-grade
1067 communications facilities. However, within 14 days after the
1068 date of filing the application, an authority may request that
1069 the proposed location of a small wireless facility be moved to
1070 another location in the right-of-way and placed on an
1071 alternative authority utility pole or support structure or
1072 placed on a new utility pole. The authority and the applicant
1073 may negotiate the alternative location, including any objective
1074 design standards and reasonable spacing requirements for ground-
1075 based equipment, for 30 days after the date of the request. At
Page 43 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1076 the conclusion of the negotiation period, if the alternative
1077 location is accepted by the applicant, the applicant must notify
1078 the authority of such acceptance and the application shall be
1079 deemed granted for any new location for which there is agreement
1080 and all other locations in the application. If an agreement is
1081 not reached, the applicant must notify the authority of such
1082 nonagreement and the authority must grant or deny the original
1083 application within 90 days after the date the application was
1084 filed. A request for an alternative location, an acceptance of
1085 an alternative location, or a rejection of an alternative
1086 location must be in writing and provided by electronic mail.
1087 5. An authority shall limit the height of a small wireless
1088 facility to 10 feet above the utility pole or structure upon
1089 which the small wireless facility is to be collocated. Unless
1090 waived by an authority, the height for a new utility pole is
1091 limited to the tallest existing utility pole as of July 1, 2017,
1092 located in the same right-of-way, other than a utility pole for
1093 which a waiver has previously been granted, measured from grade
1094 in place within 500 feet of the proposed location of the small
1095 wireless facility. If there is no utility pole within 500 feet,
1096 the authority shall limit the height of the utility pole to 50
1097 feet.
1098 6. The installation by a communications services provider
1099 of a utility pole in the public rights-of-way, other than a
1100 utility pole used to support a small wireless facility, is
Page 44 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1101 subject to authority rules or regulations governing the
1102 placement of utility poles in the public rights-of-way.
1103 7. Within 14 days after receiving an application, an
1104 authority must determine and notify the applicant by electronic
1105 mail as to whether the application is complete. If an
1106 application is deemed incomplete, the authority must
1107 specifically identify the missing information. An application is
1108 deemed complete if the authority fails to provide notification
1109 to the applicant within 14 days.
1110 8. An application must be processed on a nondiscriminatory
1111 basis. A complete application is deemed approved if an authority
1112 fails to approve or deny the application within 60 days after
1113 receipt of the application. If an authority does not use the 30-
1114 day negotiation period provided in subparagraph 4., the parties
1115 may mutually agree to extend the 60-day application review
1116 period. The authority shall grant or deny the application at the
1117 end of the extended period. A permit issued pursuant to an
1118 approved application shall remain effective for 1 year unless
1119 extended by the authority.
1120 9. An authority must notify the applicant of approval or
1121 denial by electronic mail. An authority shall approve a complete
1122 application unless it does not meet the authority's applicable
1123 codes. If the application is denied, the authority must specify
1124 in writing the basis for denial, including the specific code
1125 provisions on which the denial was based, and send the
Page 45 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1126 documentation to the applicant by electronic mail on the day the
1127 authority denies the application. The applicant may cure the
1128 deficiencies identified by the authority and resubmit the
1129 application within 30 days after notice of the denial is sent to
1130 the applicant. The authority shall approve or deny the revised
1131 application within 30 days after receipt or the application is
1132 deemed approved. The review of a revised application is limited
1133 to the deficiencies cited in the denial. If an authority
1134 provides for administrative review of the denial of an
1135 application, the review must be complete and a written decision
1136 issued within 45 days after a written request for review is
1137 made. A denial must identify the specific code provisions on
1138 which the denial is based. If the administrative review is not
1139 complete within 45 days, the authority waives any claim
1140 regarding failure to exhaust administrative remedies in any
1141 judicial review of the denial of an application.
1142 10. An applicant seeking to collocate small wireless
1143 facilities within the jurisdiction of a single authority may, at
1144 the applicant's discretion, file a consolidated application and
1145 receive a single permit for the collocation of up to 30 small
1146 wireless facilities. If the application includes multiple small
1147 wireless facilities, an authority may separately address small
1148 wireless facility collocations for which incomplete information
1149 has been received or which are denied.
1150 11. An authority may deny an application to collocate a
Page 46 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1151 small wireless facility or place a utility pole used to support
1152 a small wireless facility in the public rights-of-way if the
1153 proposed small wireless facility or utility pole used to support
1154 a small wireless facility:
1155 a. Materially interferes with the safe operation of
1156 traffic control equipment.
1157 b. Materially interferes with sight lines or clear zones
1158 for transportation, pedestrians, or public safety purposes.
1159 c. Materially interferes with compliance with the
1160 Americans with Disabilities Act or similar federal or state
1161 standards regarding pedestrian access or movement.
1162 d. Materially fails to comply with the 2017 edition of the
1163 Florida Department of Transportation Utility Accommodation
1164 Manual.
1165 e. Fails to comply with applicable codes.
1166 f. Fails to comply with objective design standards
1167 authorized under paragraph (r).
1168 12. An authority may adopt by ordinance provisions for
1169 insurance coverage, indemnification, force majeure, abandonment,
1170 authority liability, or authority warranties. Such provisions
1171 must be reasonable and nondiscriminatory. An authority may
1172 require a construction bond to secure restoration of the
1173 postconstruction rights-of-way to the preconstruction condition.
1174 However, such bond must be time-limited to not more than 18
1175 months after the construction to which the bond applies is
Page 47 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1176 completed. For any financial obligation required by an authority
1177 allowed under this section, the authority shall accept a letter
1178 of credit or similar financial instrument issued by any
1179 financial institution that is authorized to do business within
1180 the United States, provided that a claim against the financial
1181 instrument may be made by electronic means, including by
1182 facsimile. A provider of communications services may add an
1183 authority to any existing bond, insurance policy, or other
1184 relevant financial instrument, and the authority must accept
1185 such proof of coverage without any conditions other than consent
1186 to venue for purposes of any litigation to which the authority
1187 is a party. An authority may not require a communications
1188 services provider to indemnify it for liabilities not caused by
1189 the provider, including liabilities arising from the authority's
1190 negligence, gross negligence, or willful conduct.
1191 13. Collocation of a small wireless facility on an
1192 authority utility pole does not provide the basis for the
1193 imposition of an ad valorem tax on the authority utility pole.
1194 14. An authority may reserve space on authority utility
1195 poles for future public safety uses. However, a reservation of
1196 space may not preclude collocation of a small wireless facility.
1197 If replacement of the authority utility pole is necessary to
1198 accommodate the collocation of the small wireless facility and
1199 the future public safety use, the pole replacement is subject to
1200 make-ready provisions and the replaced pole shall accommodate
Page 48 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1201 the future public safety use.
1202 15. A structure granted a permit and installed pursuant to
1203 this subsection shall comply with chapter 333 and federal
1204 regulations pertaining to airport airspace protections.
1205 (n) This subsection does not affect provisions relating to
1206 pass-through providers in subsection (7) (6).
1207 Section 14. Subsections (2) and (3) of section 337.403,
1208 Florida Statutes, are renumbered as subsections (4) and (5),
1209 respectively, paragraphs (a), (b), (e), and (h) of subsection
1210 (1) are amended, and new subsections (2) and (3) are added to
1211 that section, to read:
1212 337.403 Interference caused by utility; expenses.—
1213 (1) If a utility that is placed upon, under, over, or
1214 within the right-of-way limits of any public road or publicly
1215 owned rail corridor is found by the authority to be unreasonably
1216 interfering in any way with the convenient, safe, or continuous
1217 use, or the maintenance, improvement, extension, or expansion,
1218 of such public road or publicly owned rail corridor, the utility
1219 owner shall, upon 30 days' written notice to the utility or its
1220 agent by the authority, initiate the work necessary to alleviate
1221 the interference at its own expense except as provided in
1222 paragraphs (a)-(j). The work must be completed within such
1223 reasonable time as stated in the notice or such time as agreed
1224 to by the authority and the utility owner.
1225 (a) If the relocation of utility facilities, as referred
Page 49 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1226 to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
1227 84-627, is necessitated by the construction of a project on the
1228 federal-aid interstate system, including extensions thereof
1229 within urban areas, and the cost of the project is eligible and
1230 approved for reimbursement by the Federal Government to the
1231 extent of 90 percent or more under the Federal-Aid Highway Act,
1232 or any amendment thereof, then in that event the utility owning
1233 or operating such facilities shall perform any necessary work
1234 upon notice from the department, and the state shall pay the
1235 entire expense properly attributable to such work after
1236 deducting therefrom any increase in the value of a new facility
1237 and any salvage value derived from an old facility. The
1238 department may reimburse up to 50 percent of the costs for
1239 relocation of publicly regulated utility facilities and
1240 municipally owned utility facilities or county-owned utility
1241 facilities, and 100 percent of the costs for relocation of
1242 municipally owned utility facilities or county-owned utility
1243 facilities located in a rural area of opportunity, as defined in
1244 s. 288.0656(2), on the state highway system after deducting
1245 therefrom any increase in the value of a new facility and any
1246 salvage value derived from an old facility when the department
1247 has made the determination that such reimbursement is in the
1248 best interests of the public and necessary to expedite the
1249 construction of the project. The utility owner may opt out of
1250 such reimbursement and solely bear the costs of relocation.
Page 50 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1251 (b) When a joint agreement between the department and the
1252 utility is executed for utility work to be accomplished as part
1253 of a contract for construction of a transportation facility, the
1254 department may participate in those utility work costs that
1255 exceed the department's official estimate of the cost of the
1256 work by more than 10 percent in addition to the costs identified
1257 in paragraph (a). The amount of such participation is limited to
1258 the difference between the official estimate of all the work in
1259 the joint agreement plus 10 percent and the amount awarded for
1260 this work in the construction contract for such work. The
1261 department may not participate in any utility work costs that
1262 occur as a result of changes or additions during the course of
1263 the contract.
1264 (e) If, under an agreement between a utility owner and the
1265 authority entered into after July 1, 2009, the utility owner
1266 conveys, subordinates, or relinquishes a compensable property
1267 right to the authority for the purpose of accommodating the
1268 acquisition or use of the right-of-way by the authority, without
1269 the agreement expressly addressing future responsibility for the
1270 cost of necessary utility work, the authority shall bear the
1271 cost of removal or relocation. This paragraph does not impair or
1272 restrict, and may not be used to interpret, the terms of any
1273 such agreement entered into before July 1, 2009.
1274 (h) If a municipally owned utility or county-owned utility
1275 is located in a rural area of opportunity, as defined in s.
Page 51 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1276 288.0656(2), and the department determines that the utility
1277 owner is unable, and will not be able within the next 10 years,
1278 to pay for the cost of utility work necessitated by a department
1279 project on the State Highway System, the department may pay, in
1280 whole or in part, the cost of such utility work performed by the
1281 department or its contractor.
1282 (2) Before the notice to initiate the work, the department
1283 and the utility owner shall adhere to the department's rules and
1284 procedures, which shall include, but are not limited to, the
1285 following:
1286 (a) The department shall provide the utility owner a
1287 letter and a set of preliminary plans for the proposed highway
1288 improvement project. The utility owner must provide the
1289 department with written acknowledgment of receipt of such plans.
1290 (b) The utility owner shall submit to the department plans
1291 showing existing and proposed locations of facilities within a
1292 reasonable timeframe as specified by the department in the
1293 letter as required under paragraph (a). However, the timeframe
1294 specified by the department may not be sooner than 30 days or as
1295 agreed on by both parties. If the utility owner fails to submit
1296 to the department the plans within 120 days, the department is
1297 no longer required to participate in the costs, may withhold any
1298 amount due to the utility owner on other projects, and may
1299 withhold issuance of any other permits within this state's
1300 rights-of-way.
Page 52 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1301 (c) The utility owner's submission shall include with the
1302 plans a utility relocation schedule in a manner and timeframe
1303 established by the department's written procedures and
1304 instructions for approval by the department.
1305 (d) In the event the Governor declares a state of
1306 emergency, the utility owner shall receive an extension to the
1307 utility relocation schedule that is at least equal to the time
1308 extension granted to the contractor by the department. The
1309 utility owner shall notify the department of any additional
1310 delays associated with causes beyond its control, including, but
1311 not limited to, participation in recovery work as a result of
1312 mutual aid agreements, within 10 days after the commencement of
1313 such delay and shall provide a reasonably complete description
1314 as to the cause and nature of the delay and the possible impacts
1315 to the approved utility relocation schedule. Ten calendar days
1316 after the elimination of the delay, the utility owner shall
1317 submit a revised utility relocation schedule for approval by the
1318 department. Such approval may not be unreasonably withheld,
1319 delayed, or conditioned.
1320 (e) If the utility owner does not initiate work within the
1321 time specified in the utility relocation schedule, the
1322 department may give the utility owner a final notice directing
1323 the utility owner to initiate work within 10 calendar days. If
1324 the utility owner does not, within 10 days after receipt of such
1325 final notice, begin work, or, having begun work, fails to
Page 53 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1326 complete the work within the time specified in the utility
1327 relocation schedule, the department is no longer required to
1328 participate in the work, may withhold any amount due to the
1329 utility owner, or may exercise its right to obtain injunctive
1330 relief as provided in s. 120.69.
1331 (f) If additional utility work is found necessary after
1332 the letting date of the highway improvement project, the utility
1333 owner shall provide a supplementary utility relocation schedule
1334 within 30 calendar days after becoming aware of such additional
1335 work, or upon receipt of the department's written notification
1336 advising of such work. The utility owner's revised utility
1337 relocation schedule must be reviewed and approved by the
1338 department to ensure compliance.
1339 (g) The utility owner is responsible for and liable to the
1340 department for documented damages resulting from the utility
1341 owner's failure to comply with requirements of the utility
1342 relocation schedule, including any delay costs incurred by the
1343 contractor and approved by the department. Upon notification in
1344 writing by the department that the utility owner is liable for
1345 damages, including delay costs, the utility owner has 45 days
1346 after receipt of such notification to either pay the stated
1347 amount to the department or request mediation as provided in
1348 subsection (3).
1349 (3)(a) The department's utility relocation procedures
1350 shall include, in addition to those set forth in subsection (2),
Page 54 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1351 provisions for the establishment of mediation boards to hear and
1352 resolve disputes that may arise between the department and the
1353 utility owner concerning:
1354 1. A utility relocation schedule or revised utility
1355 relocation schedule that has been submitted by the utility owner
1356 but not approved by the department;
1357 2. A contractor's claim for delay costs or other damages
1358 related to the utility owner's work; or
1359 3. Any other matter related to the removal, relocation, or
1360 adjustment of the utility owner's facilities pursuant to this
1361 section.
1362 (b) Such procedures shall include, but not be limited to,
1363 the following:
1364 1. Each mediation board shall consist of one mediator
1365 designated by the department, one mediator designated by the
1366 utility owner, and an independent mediator mutually selected by
1367 the department's designee and the utility owner's designee who
1368 shall serve as the presiding officer of the mediation board.
1369 2. The mediators shall hold a hearing with regard to each
1370 dispute that is submitted to the mediation board for resolution,
1371 shall provide notice of the hearing to each party involved in
1372 the dispute, and shall afford each party an opportunity to
1373 present evidence at the hearing.
1374 3. The mediators shall resolve each issue presented to the
1375 mediation board by a majority vote of the mediators.
Page 55 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1376 4. The mediators shall issue a final decision in writing
1377 with regard to each dispute that is submitted to the mediation
1378 board for resolution and shall serve a copy of the final
1379 decision on each party involved in the dispute.
1380 5. All final decisions of the mediation board shall be
1381 subject to de novo review in the Second Judicial Circuit Court
1382 in Leon County by way of a petition for judicial review filed by
1383 the department or the utility owner within 30 days after service
1384 of the final decision.
1385 (c) The department may develop rules and procedures
1386 governing the mediation, including the mediation of a contested
1387 case and the creation of a list of qualified mediators.
1388 Section 15. Subsection (10) of section 339.175, Florida
1389 Statutes, is renumbered as subsection (11), subsection (1),
1390 paragraph (a) of subsection (2), paragraphs (b), (i), and (j) of
1391 subsection (6), paragraphs (a), (b), and (d) of subsection (7),
1392 and present subsection (11) are amended, and a new subsection
1393 (10) is added to that section, to read:
1394 339.175 Metropolitan planning organization.—
1395 (1) PURPOSE.—It is the intent of the Legislature to
1396 encourage and promote the safe and efficient management,
1397 operation, and development of multimodal surface transportation
1398 systems that will serve the mobility needs of people and freight
1399 and foster economic growth and development within and through
1400 urbanized areas of this state while balancing conservation of
Page 56 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1401 natural resources minimizing transportation-related fuel
1402 consumption, air pollution, and greenhouse gas emissions through
1403 metropolitan transportation planning processes identified in
1404 this section. To accomplish these objectives, metropolitan
1405 planning organizations, referred to in this section as M.P.O.'s,
1406 shall develop, in cooperation with the state and public transit
1407 operators, transportation plans and programs for metropolitan
1408 areas. The plans and programs for each metropolitan area must
1409 provide for the development and integrated management and
1410 operation of transportation systems and facilities, including
1411 pedestrian walkways and bicycle transportation facilities that
1412 will function as an intermodal transportation system for the
1413 metropolitan area, based upon the prevailing principles provided
1414 in s. 334.046(1). The process for developing such plans and
1415 programs shall provide for consideration of all modes of
1416 transportation and shall be continuing, cooperative, and
1417 comprehensive, to the degree appropriate, based on the
1418 complexity of the transportation problems to be addressed. To
1419 ensure that the process is integrated with the statewide
1420 planning process, M.P.O.'s shall develop plans and programs that
1421 identify transportation facilities that should function as an
1422 integrated metropolitan transportation system, giving emphasis
1423 to facilities that serve important national, state, and regional
1424 transportation functions. For the purposes of this section,
1425 those facilities include the facilities on the Strategic
Page 57 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1426 Intermodal System designated under s. 339.63 and facilities for
1427 which projects have been identified pursuant to s. 339.2819(4).
1428 (2) DESIGNATION.—
1429 (a)1. An M.P.O. shall be designated for each urbanized
1430 area of the state; however, this does not require that an
1431 individual M.P.O. be designated for each such area. Such
1432 designation shall be accomplished by agreement between the
1433 Governor and units of general-purpose local government
1434 representing at least 75 percent of the population of the
1435 urbanized area; however, the unit of general-purpose local
1436 government that represents the central city or cities within the
1437 M.P.O. jurisdiction, as defined by the United States Bureau of
1438 the Census, must be a party to such agreement.
1439 2. To the extent possible, only one M.P.O. shall be
1440 designated for each urbanized area or group of contiguous
1441 urbanized areas. More than one M.P.O. may be designated within
1442 an existing urbanized area only if the Governor and the existing
1443 M.P.O. determine that the size and complexity of the existing
1444 urbanized area makes the designation of more than one M.P.O. for
1445 the area appropriate. After July 1, 2025, no additional M.P.O.'s
1446 may be designated in this state except in urbanized areas, as
1447 defined by the United States Bureau of the Census, where the
1448 urbanized area boundary is not contiguous to an urbanized area
1449 designated before the 2020 census, in which case each M.P.O.
1450 designated for the area must:
Page 58 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1451 a. Consult with every other M.P.O. designated for the
1452 urbanized area and the state to coordinate plans and
1453 transportation improvement programs.
1454 b. Ensure, to the maximum extent practicable, the
1455 consistency of data used in the planning process, including data
1456 used in forecasting travel demand within the urbanized area.
1457
1458 Each M.P.O. required under this section must be fully operative
1459 no later than 6 months following its designation.
1460 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
1461 privileges, and authority of an M.P.O. are those specified in
1462 this section or incorporated in an interlocal agreement
1463 authorized under s. 163.01. Each M.P.O. shall perform all acts
1464 required by federal or state laws or rules, now and subsequently
1465 applicable, which are necessary to qualify for federal aid. It
1466 is the intent of this section that each M.P.O. be involved in
1467 the planning and programming of transportation facilities,
1468 including, but not limited to, airports, intercity and high-
1469 speed rail lines, seaports, and intermodal facilities, to the
1470 extent permitted by state or federal law. An M.P.O. may not
1471 perform project production or delivery for capital improvement
1472 projects on the State Highway System.
1473 (b) In developing the long-range transportation plan and
1474 the transportation improvement program required under paragraph
1475 (a), each M.P.O. shall provide for consideration of projects and
Page 59 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1476 strategies that will:
1477 1. Support the economic vitality of the contiguous
1478 urbanized metropolitan area, especially by enabling global
1479 competitiveness, productivity, and efficiency.
1480 2. Increase the safety and security of the transportation
1481 system for motorized and nonmotorized users.
1482 3. Increase the accessibility and mobility options
1483 available to people and for freight.
1484 4. Protect and enhance the environment, conserve natural
1485 resources promote energy conservation, and improve quality of
1486 life.
1487 5. Enhance the integration and connectivity of the
1488 transportation system, across and between modes and contiguous
1489 urbanized metropolitan areas, for people and freight.
1490 6. Promote efficient system management and operation.
1491 7. Emphasize the preservation of the existing
1492 transportation system.
1493 8. Improve the resilience of transportation
1494 infrastructure.
1495 9. Reduce traffic and congestion.
1496 (i) By December 31, 2023, the M.P.O.'s serving
1497 Hillsborough, Pasco, and Pinellas Counties must submit a
1498 feasibility report to the Governor, the President of the Senate,
1499 and the Speaker of the House of Representatives exploring the
1500 benefits, costs, and process of consolidation into a single
Page 60 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1501 M.P.O. serving the contiguous urbanized area, the goal of which
1502 would be to:
1503 1. Coordinate transportation projects deemed to be
1504 regionally significant.
1505 2. Review the impact of regionally significant land use
1506 decisions on the region.
1507 3. Review all proposed regionally significant
1508 transportation projects in the transportation improvement
1509 programs.
1510 (i)1.(j)1. To more fully accomplish the purposes for which
1511 M.P.O.'s have been mandated, the department shall, at least
1512 annually, convene M.P.O.'s of similar size, based on the size of
1513 population served, for the purpose of exchanging best practices.
1514 M.P.O.'s may shall develop committees or working groups as
1515 needed to accomplish such purpose. At the discretion of the
1516 department, training for new M.P.O. governing board members
1517 shall be provided by the department, by an entity pursuant to a
1518 contract with the department, by the Florida Center for Urban
1519 Transportation Research, or by the Implementing Solutions from
1520 Transportation Research and Evaluation of Emerging Technologies
1521 (I-STREET) living lab coordination mechanisms with one another
1522 to expand and improve transportation within the state. The
1523 appropriate method of coordination between M.P.O.'s shall vary
1524 depending upon the project involved and given local and regional
1525 needs. Consequently, it is appropriate to set forth a flexible
Page 61 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1526 methodology that can be used by M.P.O.'s to coordinate with
1527 other M.P.O.'s and appropriate political subdivisions as
1528 circumstances demand.
1529 2. Any M.P.O. may join with any other M.P.O. or any
1530 individual political subdivision to coordinate activities or to
1531 achieve any federal or state transportation planning or
1532 development goals or purposes consistent with federal or state
1533 law. When an M.P.O. determines that it is appropriate to join
1534 with another M.P.O. or any political subdivision to coordinate
1535 activities, the M.P.O. or political subdivision shall enter into
1536 an interlocal agreement pursuant to s. 163.01, which, at a
1537 minimum, creates a separate legal or administrative entity to
1538 coordinate the transportation planning or development activities
1539 required to achieve the goal or purpose; provides the purpose
1540 for which the entity is created; provides the duration of the
1541 agreement and the entity and specifies how the agreement may be
1542 terminated, modified, or rescinded; describes the precise
1543 organization of the entity, including who has voting rights on
1544 the governing board, whether alternative voting members are
1545 provided for, how voting members are appointed, and what the
1546 relative voting strength is for each constituent M.P.O. or
1547 political subdivision; provides the manner in which the parties
1548 to the agreement will provide for the financial support of the
1549 entity and payment of costs and expenses of the entity; provides
1550 the manner in which funds may be paid to and disbursed from the
Page 62 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1551 entity; and provides how members of the entity will resolve
1552 disagreements regarding interpretation of the interlocal
1553 agreement or disputes relating to the operation of the entity.
1554 Such interlocal agreement shall become effective upon its
1555 recordation in the official public records of each county in
1556 which a member of the entity created by the interlocal agreement
1557 has a voting member. Multiple M.P.O.'s may merge, combine, or
1558 otherwise join together as a single M.P.O.
1559 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
1560 develop a long-range transportation plan that addresses at least
1561 a 20-year planning horizon. The plan must include both long-
1562 range and short-range strategies and must comply with all other
1563 state and federal requirements. The prevailing principles to be
1564 considered in the long-range transportation plan are: preserving
1565 the existing transportation infrastructure; enhancing Florida's
1566 economic competitiveness; and improving travel choices to ensure
1567 mobility. The long-range transportation plan must be consistent,
1568 to the maximum extent feasible, with future land use elements
1569 and the goals, objectives, and policies of the approved local
1570 government comprehensive plans of the units of local government
1571 located within the jurisdiction of the M.P.O. Each M.P.O. is
1572 encouraged to consider strategies that integrate transportation
1573 and land use planning to provide for sustainable development and
1574 reduce greenhouse gas emissions. The approved long-range
1575 transportation plan must be considered by local governments in
Page 63 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1576 the development of the transportation elements in local
1577 government comprehensive plans and any amendments thereto. The
1578 long-range transportation plan must, at a minimum:
1579 (a) Identify transportation facilities, including, but not
1580 limited to, major roadways, airports, seaports, spaceports,
1581 commuter rail systems, transit systems, and intermodal or
1582 multimodal terminals that will function as an integrated
1583 metropolitan transportation system. The long-range
1584 transportation plan must give emphasis to those transportation
1585 facilities that serve national, statewide, or regional
1586 functions, and must consider the goals and objectives identified
1587 in the Florida Transportation Plan as provided in s. 339.155. If
1588 a project is located within the boundaries of more than one
1589 M.P.O., the M.P.O.'s must coordinate plans regarding the project
1590 in the long-range transportation plan. Multiple M.P.O.'s within
1591 a contiguous urbanized area must coordinate the development of
1592 long-range transportation plans to be reviewed by the
1593 Metropolitan Planning Organization Advisory Council.
1594 (b) Include a financial plan that demonstrates how the
1595 plan can be implemented, indicating resources from public and
1596 private sources which are reasonably expected to be available to
1597 carry out the plan, and recommends any additional financing
1598 strategies for needed projects and programs. The financial plan
1599 may include, for illustrative purposes, additional projects that
1600 would be included in the adopted long-range transportation plan
Page 64 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1601 if reasonable additional resources beyond those identified in
1602 the financial plan were available. For the purpose of developing
1603 the long-range transportation plan, the M.P.O. and the
1604 department shall cooperatively develop estimates of funds that
1605 will be available to support the plan implementation. Innovative
1606 financing techniques may be used to fund needed projects and
1607 programs. Such techniques may include the assessment of tolls,
1608 public-private partnerships, the use of value capture financing,
1609 or the use of value pricing. Multiple M.P.O.'s within a
1610 contiguous urbanized area must ensure, to the maximum extent
1611 possible, the consistency of data used in the planning process.
1612 (d) Indicate, as appropriate, proposed transportation
1613 enhancement activities, including, but not limited to,
1614 pedestrian and bicycle facilities, trails or facilities that are
1615 regionally significant or critical linkages for the Florida
1616 Shared-Use Nonmotorized Trail Network, scenic easements,
1617 landscaping, integration of advanced air mobility, and
1618 integration of autonomous and electric vehicles, electric
1619 bicycles, and motorized scooters used for freight, commuter, or
1620 micromobility purposes historic preservation, mitigation of
1621 water pollution due to highway runoff, and control of outdoor
1622 advertising.
1623
1624 In the development of its long-range transportation plan, each
1625 M.P.O. must provide the public, affected public agencies,
Page 65 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1626 representatives of transportation agency employees, freight
1627 shippers, providers of freight transportation services, private
1628 providers of transportation, representatives of users of public
1629 transit, and other interested parties with a reasonable
1630 opportunity to comment on the long-range transportation plan.
1631 The long-range transportation plan must be approved by the
1632 M.P.O.
1633 (10) AGREEMENTS; ACCOUNTABILITY.—
1634 (a) Each M.P.O. may execute a written agreement with the
1635 department, which shall be reviewed, and updated as necessary,
1636 every 5 years, which clearly establishes the cooperative
1637 relationship essential to accomplish the transportation planning
1638 requirements of state and federal law. Roles, responsibilities,
1639 and expectations for accomplishing consistency with federal and
1640 state requirements and priorities must be set forth in the
1641 agreement. In addition, the agreement must set forth the
1642 M.P.O.'s responsibility, in collaboration with the department,
1643 to identify, prioritize, and present to the department a
1644 complete list of multimodal transportation projects consistent
1645 with the needs of the metropolitan planning area. It is the
1646 department's responsibility to program projects in the state
1647 transportation improvement program.
1648 (b) The department must establish, in collaboration with
1649 each M.P.O., quality performance metrics such as safety,
1650 infrastructure condition, congestion relief, and mobility. Each
Page 66 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1651 M.P.O. must, as part of its long-range transportation plan, in
1652 direct coordination with the department, develop targets for
1653 each performance measure within the metropolitan planning area
1654 boundary. The performance targets must support efficient and
1655 safe movement of people and goods both within the metropolitan
1656 planning area and between regions. Each M.P.O. must report
1657 progress toward establishing performance targets for each
1658 measure annually in its transportation improvement plan. The
1659 department shall evaluate and post on its website whether each
1660 M.P.O. has made significant progress toward its target for the
1661 applicable reporting period.
1662 (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—
1663 (a) A Metropolitan Planning Organization Advisory Council
1664 is created to augment, and not supplant, the role of the
1665 individual M.P.O.'s in the cooperative transportation planning
1666 process described in this section.
1667 (b) The council shall consist of one representative from
1668 each M.P.O. and shall elect a chairperson annually from its
1669 number. Each M.P.O. shall also elect an alternate representative
1670 from each M.P.O. to vote in the absence of the representative.
1671 Members of the council do not receive any compensation for their
1672 services, but may be reimbursed from funds made available to
1673 council members for travel and per diem expenses incurred in the
1674 performance of their council duties as provided in s. 112.061.
1675 (c) The powers and duties of the Metropolitan Planning
Page 67 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1676 Organization Advisory Council are to:
1677 1. Establish bylaws by action of its governing board
1678 providing procedural rules to guide its proceedings and
1679 consideration of matters before the council, or, alternatively,
1680 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
1681 provisions of law conferring powers or duties upon it.
1682 2. Assist M.P.O.'s in carrying out the urbanized area
1683 transportation planning process by serving as the principal
1684 forum for collective policy discussion pursuant to law.
1685 3. Serve as a clearinghouse for review and comment by
1686 M.P.O.'s on the Florida Transportation Plan and on other issues
1687 required to comply with federal or state law in carrying out the
1688 urbanized area transportation and systematic planning processes
1689 instituted pursuant to s. 339.155. The council must also report
1690 annually to the Florida Transportation Commission on the
1691 alignment of M.P.O. long-range transportation plans with the
1692 Florida Transportation Plan.
1693 4. Employ an executive director and such other staff as
1694 necessary to perform adequately the functions of the council,
1695 within budgetary limitations. The executive director and staff
1696 are exempt from part II of chapter 110 and serve at the
1697 direction and control of the council. The council is assigned to
1698 the Office of the Secretary of the Department of Transportation
1699 for fiscal and accountability purposes, but it shall otherwise
1700 function independently of the control and direction of the
Page 68 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1701 department.
1702 5. Deliver training on federal and state program
1703 requirements and procedures to M.P.O. board members and M.P.O.
1704 staff.
1705 6. Adopt an agency strategic plan that prioritizes steps
1706 the agency will take to carry out its mission within the context
1707 of the state comprehensive plan and any other statutory mandates
1708 and directives.
1709 (d) The Metropolitan Planning Organization Advisory
1710 Council may enter into contracts in accordance with chapter 287
1711 to support the activities described in paragraph (c). Lobbying
1712 and the acceptance of funds, grants, assistance, gifts, or
1713 bequests from private, local, state, or federal sources are
1714 prohibited.
1715 Section 16. Subsection (4) of section 339.65, Florida
1716 Statutes, is amended to read:
1717 339.65 Strategic Intermodal System highway corridors.—
1718 (4) The department shall develop and maintain a plan of
1719 Strategic Intermodal System highway corridor projects that are
1720 anticipated to be let to contract for construction within a time
1721 period of at least 20 years. The department shall prioritize
1722 projects that address gaps in a corridor so that the corridor
1723 becomes contiguous. The plan shall also identify when segments
1724 of the corridor will meet the standards and criteria developed
1725 pursuant to subsection (5).
Page 69 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1726 Section 17. Section 339.84, Florida Statutes, is amended
1727 to read:
1728 339.84 Workforce development.—
1729 (1) Beginning in the 2023-2024 fiscal year and annually
1730 thereafter for 5 years, $5 million shall be allocated from the
1731 State Transportation Trust Fund to the workforce development
1732 program as provided in s. 334.044(35) to promote career paths in
1733 Florida's road and bridge industry.
1734 (2) In fiscal years 2025-2026 through 2029-2030, the
1735 department may expend up to $5 million each fiscal year for
1736 grants to Florida College System institutions and high schools
1737 for the purchase of equipment simulators with authentic original
1738 equipment manufacturer controls. Each grant recipient must offer
1739 an elective course in heavy civil construction the curriculum of
1740 which is specifically designed to use the simulator and other
1741 instructional aides to, at a minimum, provide the student with
1742 OSHA 10 Construction certification and an equipment simulator
1743 certification. In awarding such grants, the department shall
1744 give priority to Florida College System institutions and high
1745 schools in rural communities as defined in s. 288.0656(2).
1746 Section 18. Paragraph (b) of subsection (2) of section
1747 202.20, Florida Statutes, is amended to read:
1748 202.20 Local communications services tax conversion
1749 rates.—
1750 (2)
Page 70 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1751 (b) Except as otherwise provided in this subsection,
1752 "replaced revenue sources," as used in this section, means the
1753 following taxes, charges, fees, or other impositions to the
1754 extent that the respective local taxing jurisdictions were
1755 authorized to impose them prior to July 1, 2000.
1756 1. With respect to municipalities and charter counties and
1757 the taxes authorized by s. 202.19(1):
1758 a. The public service tax on telecommunications authorized
1759 by former s. 166.231(9).
1760 b. Franchise fees on cable service providers as authorized
1761 by 47 U.S.C. s. 542.
1762 c. The public service tax on prepaid calling arrangements.
1763 d. Franchise fees on dealers of communications services
1764 which use the public roads or rights-of-way, up to the limit set
1765 forth in s. 337.401. For purposes of calculating rates under
1766 this section, it is the legislative intent that charter counties
1767 be treated as having had the same authority as municipalities to
1768 impose franchise fees on recurring local telecommunication
1769 service revenues prior to July 1, 2000. However, the Legislature
1770 recognizes that the authority of charter counties to impose such
1771 fees is in dispute, and the treatment provided in this section
1772 is not an expression of legislative intent that charter counties
1773 actually do or do not possess such authority.
1774 e. Actual permit fees relating to placing or maintaining
1775 facilities in or on public roads or rights-of-way, collected
Page 71 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1776 from providers of long-distance, cable, and mobile
1777 communications services for the fiscal year ending September 30,
1778 1999; however, if a municipality or charter county elects the
1779 option to charge permit fees pursuant to s. 337.401(4)(c) s.
1780 337.401(3)(c), such fees shall not be included as a replaced
1781 revenue source.
1782 2. With respect to all other counties and the taxes
1783 authorized in s. 202.19(1), franchise fees on cable service
1784 providers as authorized by 47 U.S.C. s. 542.
1785 Section 19. Paragraph (e) of subsection (2) of section
1786 331.310, Florida Statutes, is amended to read:
1787 331.310 Powers and duties of the board of directors.—
1788 (2) The board of directors shall:
1789 (e) Prepare an annual report of operations as a supplement
1790 to the annual report required under s. 331.3051(15) s.
1791 331.3051(16). The report must include, but not be limited to, a
1792 balance sheet, an income statement, a statement of changes in
1793 financial position, a reconciliation of changes in equity
1794 accounts, a summary of significant accounting principles, the
1795 auditor's report, a summary of the status of existing and
1796 proposed bonding projects, comments from management about the
1797 year's business, and prospects for the next year.
1798 Section 20. Section 610.106, Florida Statutes, is amended
1799 to read:
1800 610.106 Franchise fees prohibited.—Except as otherwise
Page 72 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1801 provided in this chapter, the department may not impose any
1802 taxes, fees, charges, or other impositions on a cable or video
1803 service provider as a condition for the issuance of a state-
1804 issued certificate of franchise authority. No municipality or
1805 county may impose any taxes, fees, charges, or other exactions
1806 on certificateholders in connection with use of public right-of-
1807 way as a condition of a certificateholder doing business in the
1808 municipality or county, or otherwise, except such taxes, fees,
1809 charges, or other exactions permitted by chapter 202, s.
1810 337.401(7) s. 337.401(6), or s. 610.117.
1811 Section 21. The Legislature finds that the widening of
1812 that portion of Interstate 4 between U.S. Highway 27 in Polk
1813 County and Interstate 75 in Hillsborough County is in the public
1814 interest and in the strategic interest of the region to improve
1815 the movement of people and goods. The Department of
1816 Transportation shall develop a report that includes, but is not
1817 limited to, detailed costs for project development and
1818 environmental studies, design, acquisition of rights-of-way, and
1819 construction and a schedule to complete the widening as
1820 expeditiously as possible. Such report shall identify funding
1821 shortfalls and strategies to address such shortfalls, including,
1822 but not limited to, using express lane toll revenues generated
1823 on the Interstate 4 corridor and other available department
1824 funds for public-private partnerships. The department shall
1825 submit the report by December 31, 2025, to the Governor, the
Page 73 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1826 President of the Senate, and the Speaker of the House of
1827 Representatives.
1828 Section 22. By October 31, 2025, the Department of
1829 Transportation shall submit to the Governor, the President of
1830 the Senate, and the Speaker of the House of Representatives a
1831 report that provides a comprehensive review of the boundaries of
1832 each of the department's districts and whether any district's
1833 boundaries should be redrawn as a result of population growth
1834 and increased urban density.
1835 Section 23. Section 332.135, Florida Statutes, is created
1836 to read:
1837 332.135 Airport authorities created as independent special
1838 districts; master plans.—
1839 (1) For purposes of this section, the term:
1840 (a) "Airport authority" means a multicounty airport
1841 authority created as an independent special district.
1842 (b) "Airport development" means the construction,
1843 reconstruction, conversion, structural alteration, relocation,
1844 enlargement, or demolition of a structure on property owned by
1845 an airport authority, whether undertaken by the airport
1846 authority itself or by one of its tenants.
1847 (c) "Host local government" means:
1848 1. The municipality or county that would, in the absence
1849 of the exemption provided by this section, exercise jurisdiction
1850 to enforce permitting requirements, plan reviews, building and
Page 74 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1851 zoning requirements, and inspection fees for existing and
1852 proposed airport development; or
1853 2. A unit of local government that is responsible for
1854 maintaining public facilities serving an airport.
1855 (2) This section is not mandatory, but serves as an
1856 alternative to compliance by an airport authority with local
1857 government land development regulations. However, any airport
1858 authority invoking its authority under this section shall comply
1859 with the requirements of this section.
1860 (3)(a) An airport authority invoking its authority under
1861 this section shall prepare and adopt an airport master plan in
1862 accordance with 49 U.S.C. s. 47101, which shall be subject to
1863 review and acceptance by the Federal Aviation Administration.
1864 (b) The airport master plan must address public facilities
1865 and services including roads, sanitary sewer, solid waste,
1866 drainage, potable water, parks and recreation, and public
1867 transportation. For each such facility or service, the plan
1868 shall:
1869 1. Identify the level-of-service standard established by
1870 the host local government.
1871 2. Identify the entity that will provide the service to
1872 the airport.
1873 3. Describe any financial arrangements between the airport
1874 authority and other entities relating to the provision of the
1875 facility or service.
Page 75 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1876
1877 The plan shall also determine the impact of existing and
1878 proposed airport development reasonably expected over the term
1879 of the airport master plan on each service or facility and any
1880 deficiencies in such service or facility which the development
1881 will create or to which it will contribute.
1882 (c) Before adopting an airport master plan, the airport
1883 authority shall send a draft of the plan to the host local
1884 governments who shall have 90 days to conduct a review and
1885 provide comments to the airport authority. Within 10 days
1886 thereafter, the airport authority shall advertise the
1887 commencement of the review period in a newspaper of general
1888 circulation. The airport authority shall also hold an informal
1889 informational session for public participation, which shall be
1890 announced in the advertisement at least 10 days in advance.
1891 Following receipt and consideration of all comments, the airport
1892 authority shall hold a public hearing, after which it may adopt
1893 the airport master plan as originally drafted or as it might be
1894 revised based on the comments received from the host local
1895 governments and members of the public. The airport master plan
1896 shall be posted on the airport authority's website and updated
1897 at least every 10 years.
1898 (4)(a) Before commencing construction of a new or expanded
1899 airport improvement that will create significant impact on the
1900 public facilities for which the host local government has
Page 76 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1901 maintenance responsibilities, the airport authority shall submit
1902 to the host local government a written request for a
1903 determination of consistency with its comprehensive plan. Within
1904 45 days after receipt of such request, the host local government
1905 shall determine, in writing, whether the proposed improvement is
1906 consistent with its comprehensive plan. If the determination is
1907 affirmative, construction may commence, and further local
1908 government review or approval is not required.
1909 (b) Failure of the host local government to make a
1910 determination in writing within the 45-day period shall be
1911 deemed an affirmative determination of consistency. To the
1912 extent further review by the host local government is required
1913 due to a determination of inconsistency, standards and
1914 conditions may not be imposed which conflict with those
1915 established in the airport master plan or the Florida Building
1916 Code.
1917 (5) An airport master plan may not conflict with the
1918 comprehensive plan of the host local government adopted under
1919 part II of chapter 163 or with the state comprehensive plan.
1920 However, an existing or proposed airport development that is
1921 consistent with the airport master plan may not be deemed
1922 inconsistent with the host local government's comprehensive plan
1923 or the state's comprehensive plan based solely on the
1924 development's design and layout, or its location, intensity,
1925 scale, building size, mass, bulk, height and orientation, lot
Page 77 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1926 coverage, lot size or configuration, architecture, screening,
1927 buffers, setbacks, signage, lighting, internal traffic
1928 circulation patterns, loading area locations, operation hours,
1929 noise, odor, or other factors of compatibility.
1930 (6) If the airport authority proposes to expand the
1931 boundaries of the airport site, it shall notify the applicable
1932 host local governments, in writing, in which case the host local
1933 governments may impose reasonable development standards and
1934 conditions on new development within the expanded land area, but
1935 only to address the impacts of the new improvement on public
1936 facilities for which the host local government has maintenance
1937 responsibilities. Standards and conditions may not be imposed
1938 which conflict with those established in this section or the
1939 Florida Building Code.
1940 (7) An airport authority that has adopted an airport
1941 master plan pursuant to this section is the exclusive local
1942 enforcement agency under part IV of chapter 553 and has
1943 jurisdiction within the lands subject to the airport master plan
1944 to conduct plan reviews, issue permits, and make inspections of
1945 buildings and to enforce the Florida Building Code and the
1946 Florida Fire Prevention Code. The airport authority must use
1947 personnel or contract providers certified under part XII of
1948 chapter 468 to conduct the plan reviews and make the inspections
1949 required by such codes. Developments are exempt from all other
1950 state building codes and all county and municipal land
Page 78 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1951 development regulations, building codes, permitting
1952 requirements, plan reviews, or inspection fees, except as
1953 provided in s. 553.80.
1954 Section 24. Section 332.136, Florida Statutes, is created
1955 to read:
1956 332.136 Sarasota Manatee Airport Authority; airport pilot
1957 program.—
1958 (1) There is established an airport pilot program at the
1959 Sarasota Manatee Airport Authority (SMAA). The purpose of the
1960 pilot program is to determine long-term feasibility of
1961 alternative airport permitting procedures.
1962 (2)(a) The SMAA shall prepare and adopt an airport master
1963 plan in accordance with 49 U.S.C. s. 47101, which shall be
1964 subject to review and acceptance by the Federal Aviation
1965 Administration.
1966 (b) The airport master plan must address public facilities
1967 and services including roads, sanitary sewer, solid waste,
1968 drainage, potable water, parks and recreation, and public
1969 transportation. For each such facility or service, the plan
1970 shall:
1971 1. Identify the level-of-service standard established by
1972 the host local government.
1973 2. Identify the entity that will provide the service to
1974 the SMAA.
1975 3. Describe any financial arrangements between the SMAA
Page 79 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
1976 and other entities relating to the provision of the facility or
1977 service.
1978
1979 The plan shall also determine the impact of existing and
1980 proposed airport development reasonably expected over the term
1981 of the airport master plan on each service or facility and any
1982 deficiencies in such service or facility which the development
1983 will create or to which it will contribute.
1984 (c) Before adopting an airport master plan, the SMAA shall
1985 send the plan to the host local governments who shall have 90
1986 days to conduct a review and provide comments to the SMAA.
1987 Within 10 days thereafter, the SMAA shall advertise the
1988 commencement of the review period in a newspaper of general
1989 circulation. The SMAA shall also hold an informal informational
1990 session for public participation, which shall be announced in
1991 the advertisement at least 10 days in advance. Following receipt
1992 and consideration of all comments, the SMAA shall hold a public
1993 hearing, after which it may adopt the airport master plan as
1994 originally drafted or as it might be revised based on the
1995 comments received from the host local governments and members of
1996 the public. The airport master plan shall be published on the
1997 SMAA's website and updated at least every 10 years.
1998 (3)(a) Before commencing construction of a new or expanded
1999 airport improvement that will create significant impact on the
2000 public facilities for which the host local government has
Page 80 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
2001 maintenance responsibilities, the SMAA shall submit to the host
2002 local government a written request for a determination of
2003 consistency with its comprehensive plan. Within 45 days after
2004 receipt of such request, the host local government shall
2005 determine, in writing, whether the proposed improvement is
2006 consistent with its comprehensive plan. If the determination is
2007 affirmative, construction may commence, and further host local
2008 government review or approval is not required.
2009 (b) Failure of the host local government to make a
2010 determination, in writing, within the 45-day period shall be
2011 deemed an affirmative determination of consistency. To the
2012 extent further review by the host local government is required
2013 due to a determination of inconsistency, standards and
2014 conditions may not be imposed which conflict with those
2015 established in the airport master plan or the Florida Building
2016 Code.
2017 (4) An airport master plan may not conflict with the
2018 comprehensive plan of the host local government adopted under
2019 part II of chapter 163 or with the state comprehensive plan.
2020 However, an existing or proposed airport development that is
2021 consistent with the airport master plan may not be deemed
2022 inconsistent with the host local government comprehensive plan
2023 or the state comprehensive plan based solely on the
2024 development's design and layout, or its location, intensity,
2025 scale, building size, mass, bulk, height and orientation, lot
Page 81 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
2026 coverage, lot size of configuration, architecture, screening,
2027 buffers, setbacks, signage, lighting, internal traffic
2028 circulation patterns, loading area locations, operation hours,
2029 noise, odor, or other factors of compatibility.
2030 (5) If the SMAA proposes to expand the boundaries of the
2031 airport site, it shall notify the applicable host local
2032 governments, in writing, in which case the host local
2033 governments may impose reasonable development standards and
2034 conditions on new development within the expanded land area, but
2035 only to address the impacts of the new improvement on public
2036 facilities for which the host local government has maintenance
2037 responsibilities. Standards and conditions may not be imposed
2038 which conflict with those established in this section or the
2039 Florida Building Code.
2040 (6) The SMAA is the exclusive local enforcement agency
2041 under part IV of chapter 553 and has jurisdiction within the
2042 lands subject to the airport master plan to conduct plan
2043 reviews, issue permits, and make inspections of buildings and to
2044 enforce the Florida Building Code and the Florida Fire
2045 Prevention Code. The SMAA must use personnel or contract
2046 providers appropriately certified under part XII of chapter 468
2047 to conduct the plan reviews and make the inspections required by
2048 such codes. Developments are exempt from all other state
2049 building codes and county and municipal land development
2050 regulations, building codes, permitting requirements, plan
Page 82 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 567 2025
2051 reviews, or inspection fees, except as provided in s. 553.80.
2052 (7) The Department of Transportation shall adopt rules as
2053 necessary to implement the pilot program.
2054 (8) By December 1, 2027, the Department of Transportation
2055 shall submit a report to the Governor, the President of the
2056 Senate, and the Speaker of the House of Representatives
2057 regarding any recommendations as to how to expand the pilot
2058 program to additional airports or whether to make legislative
2059 changes to the pilot program to increase the pilot program's
2060 effectiveness or to terminate the pilot program.
2061 (9) This section is repealed on June 30, 2028, unless
2062 reviewed and saved from appeal through reenactment by the
2063 Legislature.
2064 Section 25. This act shall take effect July 1, 2025.
Page 83 of 83
CODING: Words stricken are deletions; words underlined are additions.
hb567-00
Economic Infrastructure Subcommittee
HB 567
Transportation
AMENDMENT SUMMARY
March 25, 2025
Amendment 1 by McFarland (strike-all):
• Clarifies the method of distribution of certain tax proceeds to the State
Transportation Trust Fund.
• Creates the Traffic Signal Modernization Program within the Florida Department
of Transportation (FDOT).
• Requires FDOT to determine the safe and available minimum speed limit on
specified highways.
• Increases the maximum allowable speed limits on limited access highways, other
highways, and other roadways.
• Removes language providing that contractors provide a service to FDOT.
• Removes a provision related to projects for which FDOT’s estimate is $100
million or less.
• Removes provisions related to utility use of the public right-of-way and relocation
of utility facilities.
• Clarifies training provisions for metropolitan planning organizations.
• Streamlines provisions that create a pilot program for the Sarasota Manatee
Airport Authority and removes duplicative provisions.
• Revises language for clarity throughout the bill.
Amendment a1 by McFarland (line ):
• Introduces revised provisions related to utility use of the public right-of-way,
including provisions related to relocation of utility facilities.
Amendment a2 by Lopez, V. (line 219):
• Authorizes local governments to adopt ordinances that:
o Provide one or more minimum age requirements for the operation of
an electric bicycle, motorized scooter, or micromobility device; and
o Require an operator of any of these transportation devices to possess
a government-issued photo ID while operating the device.
• Authorizes local governments to provide training on the safe operation of any
of these transportation devices and on compliance with applicable state traffic
laws.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
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
1 Committee/Subcommittee hearing bill: Economic Infrastructure
2 Subcommittee
3 Representative McFarland offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Paragraph (d) of subsection (6) of section
8 212.20, Florida Statutes, is amended to read:
9 212.20 Funds collected, disposition; additional powers of
10 department; operational expense; refund of taxes adjudicated
11 unconstitutionally collected.—
12 (6) Distribution of all proceeds under this chapter and
13 ss. 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
14 (d) The proceeds of all other taxes and fees imposed
15 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
16 and (2)(b) shall be distributed as follows:
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 1 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
17 1. In any fiscal year, the greater of $500 million, minus
18 an amount equal to 4.6 percent of the proceeds of the taxes
19 collected pursuant to chapter 201, or 5.2 percent of all other
20 taxes and fees imposed pursuant to this chapter or remitted
21 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
22 monthly installments into the General Revenue Fund.
23 2. After the distribution under subparagraph 1., 8.9744
24 percent of the amount remitted by a sales tax dealer located
25 within a participating county pursuant to s. 218.61 shall be
26 transferred into the Local Government Half-cent Sales Tax
27 Clearing Trust Fund. Beginning July 1, 2003, the amount to be
28 transferred shall be reduced by 0.1 percent, and the department
29 shall distribute this amount to the Public Employees Relations
30 Commission Trust Fund less $5,000 each month, which shall be
31 added to the amount calculated in subparagraph 3. and
32 distributed accordingly.
33 3. After the distribution under subparagraphs 1. and 2.,
34 0.0966 percent shall be transferred to the Local Government
35 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
36 to s. 218.65.
37 4. After the distributions under subparagraphs 1., 2., and
38 3., 2.0810 percent of the available proceeds shall be
39 transferred monthly to the Revenue Sharing Trust Fund for
40 Counties pursuant to s. 218.215.
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 2 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
41 5. After the distributions under subparagraphs 1., 2., and
42 3., 1.3653 percent of the available proceeds shall be
43 transferred monthly to the Revenue Sharing Trust Fund for
44 Municipalities pursuant to s. 218.215. If the total revenue to
45 be distributed pursuant to this subparagraph is at least as
46 great as the amount due from the Revenue Sharing Trust Fund for
47 Municipalities and the former Municipal Financial Assistance
48 Trust Fund in state fiscal year 1999-2000, no municipality shall
49 receive less than the amount due from the Revenue Sharing Trust
50 Fund for Municipalities and the former Municipal Financial
51 Assistance Trust Fund in state fiscal year 1999-2000. If the
52 total proceeds to be distributed are less than the amount
53 received in combination from the Revenue Sharing Trust Fund for
54 Municipalities and the former Municipal Financial Assistance
55 Trust Fund in state fiscal year 1999-2000, each municipality
56 shall receive an amount proportionate to the amount it was due
57 in state fiscal year 1999-2000.
58 6. Of the remaining proceeds:
59 a. In each fiscal year, the sum of $29,915,500 shall be
60 divided into as many equal parts as there are counties in the
61 state, and one part shall be distributed to each county. The
62 distribution among the several counties must begin each fiscal
63 year on or before January 5th and continue monthly for a total
64 of 4 months. If a local or special law required that any moneys
65 accruing to a county in fiscal year 1999-2000 under the then-
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 3 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
66 existing provisions of s. 550.135 be paid directly to the
67 district school board, special district, or a municipal
68 government, such payment must continue until the local or
69 special law is amended or repealed. The state covenants with
70 holders of bonds or other instruments of indebtedness issued by
71 local governments, special districts, or district school boards
72 before July 1, 2000, that it is not the intent of this
73 subparagraph to adversely affect the rights of those holders or
74 relieve local governments, special districts, or district school
75 boards of the duty to meet their obligations as a result of
76 previous pledges or assignments or trusts entered into which
77 obligated funds received from the distribution to county
78 governments under then-existing s. 550.135. This distribution
79 specifically is in lieu of funds distributed under s. 550.135
80 before July 1, 2000.
81 b. The department shall distribute $166,667 monthly to
82 each applicant certified as a facility for a new or retained
83 professional sports franchise pursuant to s. 288.1162. Up to
84 $41,667 shall be distributed monthly by the department to each
85 certified applicant as defined in s. 288.11621 for a facility
86 for a spring training franchise. However, not more than $416,670
87 may be distributed monthly in the aggregate to all certified
88 applicants for facilities for spring training franchises.
89 Distributions begin 60 days after such certification and
90 continue for not more than 30 years, except as otherwise
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 4 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
91 provided in s. 288.11621. A certified applicant identified in
92 this sub-subparagraph may not receive more in distributions than
93 expended by the applicant for the public purposes provided in s.
94 288.1162(5) or s. 288.11621(3).
95 c. The department shall distribute up to $83,333 monthly
96 to each certified applicant as defined in s. 288.11631 for a
97 facility used by a single spring training franchise, or up to
98 $166,667 monthly to each certified applicant as defined in s.
99 288.11631 for a facility used by more than one spring training
100 franchise. Monthly distributions begin 60 days after such
101 certification or July 1, 2016, whichever is later, and continue
102 for not more than 20 years to each certified applicant as
103 defined in s. 288.11631 for a facility used by a single spring
104 training franchise or not more than 25 years to each certified
105 applicant as defined in s. 288.11631 for a facility used by more
106 than one spring training franchise. A certified applicant
107 identified in this sub-subparagraph may not receive more in
108 distributions than expended by the applicant for the public
109 purposes provided in s. 288.11631(3).
110 d. The department shall distribute $15,333 monthly to the
111 State Transportation Trust Fund.
112 e.(I) On or before July 25, 2021, August 25, 2021, and
113 September 25, 2021, the department shall distribute $324,533,334
114 in each of those months to the Unemployment Compensation Trust
115 Fund, less an adjustment for refunds issued from the General
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 5 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
116 Revenue Fund pursuant to s. 443.131(3)(e)3. before making the
117 distribution. The adjustments made by the department to the
118 total distributions shall be equal to the total refunds made
119 pursuant to s. 443.131(3)(e)3. If the amount of refunds to be
120 subtracted from any single distribution exceeds the
121 distribution, the department may not make that distribution and
122 must subtract the remaining balance from the next distribution.
123 (II) Beginning July 2022, and on or before the 25th day of
124 each month, the department shall distribute $90 million monthly
125 to the Unemployment Compensation Trust Fund.
126 (III) If the ending balance of the Unemployment
127 Compensation Trust Fund exceeds $4,071,519,600 on the last day
128 of any month, as determined from United States Department of the
129 Treasury data, the Office of Economic and Demographic Research
130 shall certify to the department that the ending balance of the
131 trust fund exceeds such amount.
132 (IV) This sub-subparagraph is repealed, and the department
133 shall end monthly distributions under sub-sub-subparagraph (II),
134 on the date the department receives certification under sub-sub-
135 subparagraph (III).
136 f. Beginning July 1, 2023, in each fiscal year, the
137 department shall distribute $27.5 million to the Florida
138 Agricultural Promotional Campaign Trust Fund under s. 571.26,
139 for further distribution in accordance with s. 571.265.
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 6 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
140 g. Beginning July 1, 2025, and reassessed on or before the
141 25th day of each month, the department shall distribute $4.167
142 million from the proceeds of the tax imposed under s.
143 212.05(1)(e)1.c. to the State Transportation Trust Fund to
144 account for the impact of electric and hybrid vehicles on the
145 state highway system.
146 7. All other proceeds must remain in the General Revenue
147 Fund.
148 Section 2. Section 218.3211, Florida Statutes, is created
149 to read:
150 218.3211 County transportation project data.—Each county
151 must annually provide the Department of Transportation with
152 uniform project data. The data must conform to the county's
153 fiscal year and must include, but need not be limited to,
154 details on transportation revenues by source of taxes or fees,
155 expenditure of such revenues for projects that were funded, and
156 the unexpended balance of such revenues. The details of projects
157 must include, but need not be limited to, the cost, location,
158 and scope of each project. The scope of each project must be
159 categorized broadly, such as road widening, repair and
160 rehabilitation, addition of sidewalks, or any similarly broad
161 categorization. Revenues not dedicated to specific projects must
162 be detailed as to what programs the revenues are supporting. The
163 Department of Transportation must inform each county of the
164 method and format for submitting the data. The Department of
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 7 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
165 Transportation shall compile the data and publish the
166 compilation of data on its website.
167 Section 3. Section 316.00832, Florida Statutes, is created
168 to read:
169 316.00832 Traffic Signal Modernization Program -
170 (1) The department shall implement a Next-Generation
171 Traffic Signal Modernization Program. The Next-Generation
172 Traffic Signal Modernization Program consists of retrofitting
173 existing traffic signals and controllers and providing
174 communication backbone for remote operations and management of
175 such signals on Florida’s State Highway System and non-State
176 Highway System. Such signal upgrades shall be prioritized based
177 on average annual daily traffic and/or adding to an existing
178 interconnected system.
179 (2) Such program shall consist of an advanced traffic
180 management platform that utilizes radar and camera fusion to
181 deliver accurate detection in all weather conditions, offering
182 fully integrated stop bar and advance detection, alongside
183 dilemma zone and pedestrian protection. In addition to
184 supporting time-of-day signal timing plans, it shall provide
185 real-time traffic optimization to improve flow and enhance
186 safety. Such system must be compliant with leading cybersecurity
187 standards, such as SOC 2 and ISO 27001, ensuring robust data
188 protection.
189 Section 4. Subsection (2) of section 316.183, Florida
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 8 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
190 Statutes, is amended to read:
191 316.183 Unlawful speed.—
192 (2) On all streets or highways, the maximum speed limits
193 for all vehicles must be 30 miles per hour in business or
194 residence districts, and 55 miles per hour at any time at all
195 other locations. However, with respect to a residence district,
196 a county or municipality may set a maximum speed limit of 20 or
197 25 miles per hour on local streets and highways after an
198 investigation determines that such a limit is reasonable. It is
199 not necessary to conduct a separate investigation for each
200 residence district. The Department of Transportation shall
201 determine the safe and available minimum speed limit on all
202 highways that are comprise a part of the National System of
203 Interstate and Defense Highways and have at least not fewer than
204 four lanes is 40 miles per hour, except that when the posted
205 speed limit is 70 miles per hour, the minimum speed limit is 50
206 miles per hour.
207 Section 4. Subsection (2) of section 316.187, Florida
208 Statutes, is amended to read:
209 316.187 Establishment of state speed zones.—
210 (2)(a) The maximum allowable speed limit on limited access
211 highways is 75 70 miles per hour.
212 (b) The maximum allowable speed limit on any other highway
213 that which is outside an urban area of 5,000 or more persons and
214 that which has at least four lanes divided by a median strip is
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 9 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
215 70 65 miles per hour.
216 (c) The Department of Transportation is authorized to set
217 such maximum and minimum speed limits for travel over other
218 roadways under its authority as it deems safe and advisable, not
219 to exceed as a maximum limit 65 60 miles per hour.
220 Section 6. Section 320.0849, Florida Statutes, is created
221 to read:
222 320.0849 Expectant mother parking permits.—
223 (1)(a) The department or its authorized agents shall, upon
224 application, issue an expectant mother parking permit placard or
225 decal to an expectant mother. The placard or decal is valid for
226 up to 1 year after the date of issuance.
227 (b) The department shall, by rule, provide for the design,
228 size, color, and placement of the expectant mother parking
229 permit placard or decal. The placard or decal must be designed
230 to conspicuously display the expiration date of the permit.
231 (2) An application for an expectant mother parking permit
232 must include, but need not be limited to:
233 (a) Certification provided by a physician licensed under
234 chapter 458 or chapter 459 that the applicant is an expectant
235 mother.
236 (b) The certifying physician's name and address.
237 (c) The physician's certification number.
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 10 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
238 (d) The following statement in bold letters: "An expectant
239 mother parking permit may be issued only to an expectant mother
240 and is valid for up to 1 year after the date of issuance."
241 (e) The signatures of:
242 1. The certifying physician.
243 2. The applicant.
244 3. The employee of the department processing the
245 application.
246 (3) Notwithstanding any other provision of law, an
247 expectant mother who is issued an expectant mother parking
248 permit under this section may park a motor vehicle in a parking
249 space designated for persons who have disabilities as provided
250 in s. 553.5041.
251 Section 5. Subsection (14) of section 331.3051, Florida
252 Statutes, is amended to read:
253 331.3051 Duties of Space Florida.—Space Florida shall:
254 (14) Partner with the Metropolitan Planning Organization
255 Advisory Council to coordinate and specify how aerospace
256 planning and programming will be part of the state's cooperative
257 transportation planning process.
258 Section 6. Subsections (4), (5), (7), and (8) of section
259 332.004, Florida Statutes, are amended to read:
260 332.004 Definitions of terms used in ss. 332.003-332.007.—
261 As used in ss. 332.003-332.007, the term:
262 (4) "Airport or aviation development project" or
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 11 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
263 "development project" means any activity associated with the
264 design, construction, purchase, improvement, or repair of a
265 public-use airport or portion thereof, including, but not
266 limited to: the purchase of equipment; the acquisition of land,
267 including land required as a condition of a federal, state, or
268 local permit or agreement for environmental mitigation; off-
269 airport noise mitigation projects; the removal, lowering,
270 relocation, marking, and lighting of airport hazards; the
271 installation of navigation aids used by aircraft in landing at
272 or taking off from a public use airport; the installation of
273 safety equipment required by rule or regulation for
274 certification of the airport under s. 612 of the Federal
275 Aviation Act of 1958, and amendments thereto; and the
276 improvement of access to the airport by road or rail system
277 which is on airport property and which is consistent, to the
278 maximum extent feasible, with the approved local government
279 comprehensive plan of the units of local government in which the
280 airport is located.
281 (5) "Airport or aviation discretionary capacity
282 improvement projects" or "discretionary capacity improvement
283 projects" means capacity improvements which are consistent, to
284 the maximum extent feasible, with the approved local government
285 comprehensive plans of the units of local government in which
286 the public use airport is located, and which enhance
287 intercontinental capacity at airports which:
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 12 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
288 (a) Are international airports with United States Bureau
289 of Customs and Border Protection;
290 (b) Had one or more regularly scheduled intercontinental
291 flights during the previous calendar year or have an agreement
292 in writing for installation of one or more regularly scheduled
293 intercontinental flights upon the commitment of funds for
294 stipulated airport capital improvements; and
295 (c) Have available or planned public ground transportation
296 between the airport and other major transportation facilities.
297 (7) "Eligible agency" means a political subdivision of the
298 state or an authority or public-private partnership through a
299 lease or agreement under s. 255.065, with a political
300 subdivision of the state or authority which owns or seeks to
301 develop a public-use airport.
302 (8) "Federal aid" means funds made available from the
303 Federal Government for the accomplishment of public use airport
304 or aviation development projects.
305 Section 7. Subsections (4) and (8) of section 332.006,
306 Florida Statutes, are amended to read:
307 332.006 Duties and responsibilities of the Department of
308 Transportation.—The Department of Transportation shall, within
309 the resources provided pursuant to chapter 216:
310 (4) Upon request, provide financial and technical
311 assistance to public agencies which own operate public-use
312 airports by making department personnel and department-owned
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 13 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
313 facilities and equipment available on a cost-reimbursement basis
314 to such agencies for special needs of limited duration. The
315 requirement relating to reimbursement of personnel costs may be
316 waived by the department in those cases in which the assistance
317 provided by its personnel was of a limited nature or duration.
318 (8) Encourage the maximum allocation of federal funds to
319 local public use airport projects in this state.
320 Section 8. Paragraphs (a) and (c) of subsection (4),
321 paragraphs (a) and (c) of subsection (6), paragraphs (a) and (d)
322 of subsection (7), and subsections (8) and (10) of section
323 332.007, Florida Statutes, are amended and new subsection (11)
324 is created to read:
325 332.007 Administration and financing of aviation and
326 airport programs and projects; state plan.—
327 (4)(a) The annual legislative budget request for aviation
328 and airport development projects shall be based on the funding
329 required for development projects in the aviation and airport
330 work program. The department shall provide priority funding in
331 support of the planning, design, and construction of proposed
332 projects by local sponsors of public use airports, with special
333 emphasis on projects for runways and taxiways, including the
334 painting and marking of runways and taxiways, lighting, other
335 related airside activities, and airport access transportation
336 facility projects on airport property.
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 14 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
337 (c) No single public use airport shall secure airport or
338 aviation development project funds in excess of 25 percent of
339 the total airport or aviation development project funds
340 available in any given budget year. However, any public use
341 airport which receives discretionary capacity improvement
342 project funds in a given fiscal year shall not receive greater
343 than 10 percent of total aviation and airport development
344 project funds appropriated in that fiscal year.
345 (6) Subject to the availability of appropriated funds, the
346 department may participate in the capital cost of eligible
347 public use airport and aviation development projects in
348 accordance with the following rates, unless otherwise provided
349 in the General Appropriations Act or the substantive bill
350 implementing the General Appropriations Act:
351 (a) The department may fund up to 50 percent of the
352 portion of eligible project costs which are not funded by the
353 Federal Government, except that the department may initially
354 fund up to 75 percent of the cost of land acquisition for a new
355 airport or for the expansion of an existing public use airport
356 which is owned and operated by a municipality, a county, or an
357 authority, and shall be reimbursed to the normal statutory
358 project share when federal funds become available or within 10
359 years after the date of acquisition, whichever is earlier. Due
360 to federal budgeting constraints, the department may also
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 15 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
361 initially fund the federal portion of eligible project costs
362 subject to:
363 1. The department receiving adequate assurance from the
364 Federal Government or local sponsor that this amount will be
365 reimbursed to the department; and
366 2. The department having adequate funds in the work
367 program to fund the project.
368
369 Such projects must be contained in the Federal Government's
370 Airport Capital Improvement Program, and the Federal Government
371 must fund, or have funded, the first year of the project.
372 (c) When federal funds are not available, the department
373 may fund up to 80 percent of master planning and eligible
374 aviation development projects at public use airports that are
375 publicly owned, publicly operated airports. If federal funds are
376 available, the department may fund up to 80 percent of the
377 nonfederal share of such projects. Such funding is limited to
378 general aviation airports, or commercial service airports that
379 have fewer than 100,000 passenger boardings per year as
380 determined by the Federal Aviation Administration.
381 (7) Subject to the availability of appropriated funds in
382 addition to aviation fuel tax revenues, the department may
383 participate in the capital cost of eligible public airport and
384 aviation discretionary capacity improvement projects. The annual
385 legislative budget request shall be based on the funding
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 16 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
386 required for discretionary capacity improvement projects in the
387 aviation and airport work program.
388 (a) The department shall provide priority funding in
389 support of:
390 1. Land acquisition which provides additional capacity at
391 the qualifying international airport or at that airport's
392 supplemental air carrier airport.
393 2. Runway and taxiway projects that add capacity or are
394 necessary to accommodate technological changes in the aviation
395 industry.
396 3. Public use airport Airport access transportation
397 projects that improve direct airport access and are approved by
398 the airport sponsor.
399 4. International terminal projects that increase
400 international gate capacity.
401 (d) The department may fund up to 50 percent of the
402 portion of eligible project costs which are not funded by the
403 Federal Government except that the department may initially fund
404 up to 75 percent of the cost of land acquisition for a new
405 public use airport or for the expansion of an existing public
406 use airport which is owned and operated by a municipality, a
407 county, or an authority, and shall be reimbursed to the normal
408 statutory project share when federal funds become available or
409 within 10 years after the date of acquisition, whichever is
410 earlier.
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 17 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
411 (8) The department may also fund eligible projects
412 performed by not-for-profit organizations that represent a
413 majority of public airports in this state. Eligible projects may
414 include activities associated with aviation master planning,
415 professional education, safety and security planning, enhancing
416 economic development and efficiency at airports in this state,
417 or other planning efforts to improve the viability of public use
418 airports in this state.
419 (10) Subject to the availability of appropriated funds,
420 and unless otherwise provided in the General Appropriations Act
421 or the substantive bill implementing the General Appropriations
422 Act, the department may fund up to 100 percent of eligible
423 project costs of all of the following at a publicly owned public
424 use, publicly operated airport located in a rural community as
425 defined in s. 288.0656 which does not have any scheduled
426 commercial service:
427 (a) The capital cost of runway and taxiway projects that
428 add capacity. Such projects must be prioritized based on the
429 amount of available nonstate matching funds.
430 (b) Economic development transportation projects pursuant
431 to s. 339.2821.
432 (11) Notwithstanding any other provisions of law, a
433 municipality, county, or an authority that owns a public use
434 airport may participate in the Federal Aviation Administration
435 Airport Investment Partnership Program under Federal law by
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 18 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
436 contracting with a private partner to operate the airport under
437 lease or agreement. Subject to the availability of appropriated
438 funds from aviation fuel tax revenues, the department may
439 provide for improvements under this section to a municipality,
440 county, or an authority that has a private partner under the
441 Airport Investment Partnership Program for the capital cost of a
442 discretionary improvement project at a public use airport.
443
444 Any remaining funds must be allocated for projects
445 specified in subsection (6).
446 Section 11. Subsection (6) of section 334.044, Florida
447 Statutes, is amended to read:
448 334.044 Powers and duties of the department.—The
449 department shall have the following general powers and duties:
450 (6) To acquire, by the exercise of the power of eminent
451 domain as provided by law, all property or property rights,
452 whether public or private, which it may determine are necessary
453 to the performance of its duties and the execution of its
454 powers, including advance purchase of property or property
455 rights to preserve a corridor for future proposed improvements.
456 Section 9. Subsection (1) and (3) of section 334.065,
457 Florida Statutes, are amended to read:
458 334.065 Center for Urban Transportation Research.—
459 (1) There is established within at the University of South
460 Florida the Florida Center for Urban Transportation Research, to
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 19 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
461 be administered by the Board of Governors of the State
462 University System. The responsibilities of the center include,
463 but are not limited to, conducting and facilitating research on
464 issues related to urban transportation problems in this state
465 and serving as an information exchange and depository for the
466 most current information pertaining to urban transportation and
467 related issues.
468 (3) An advisory board shall be created to periodically and
469 objectively review and advise the center concerning its research
470 program. Except for projects mandated by law, state-funded base
471 projects shall not be undertaken without approval of the
472 advisory board. The membership of the board shall consist of
473 nine experts in transportation-related areas, as follows:
474 (a) A member appointed by the President of the Senate.
475 (b) A member appointed by the Speaker of the House of
476 Representatives.
477 (c) The Secretary of Transportation or his or her
478 designee.
479 (d) The Secretary of Commerce or his or her designee.
480 including the secretaries of the Department of Transportation,
481 the Department of Environmental Protection, and the Department
482 of Commerce, or their designees, and
483 (e) A member of the Florida Transportation Commission.
484 (f) Four members nominated by the University of South
485 Florida’s College of Engineering and approved by the
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 20 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
486 university’s president. The nomination of the remaining four
487 members of the board shall be made to the President of the
488 University of South Florida by the College of Engineering at the
489 University of South Florida., and The appointment of these
490 members must be reviewed and approved by the Florida
491 Transportation Commission and confirmed by the Board of
492 Governors.
493 Section 10. Section 334.63, Florida Statutes, is created
494 to read:
495 334.63 Project concept studies; project development and
496 environmental studies.—
497 (1) All project concept studies and project development
498 and environmental studies for capacity improvement projects on
499 limited-access facilities must include the evaluation of
500 alternatives that provide transportation capacity using elevated
501 roadways above existing lanes.
502 (2) All project development and environmental studies for
503 new alignment projects and new capacity improvement projects
504 must be completed, to the maximum extent possible, within 18
505 months after commencement.
506 Section 11. Paragraphs (d) and (e) of subsection (7) of
507 section 337.11, Florida Statutes, are redesignated as paragraphs
508 (c) and (d), respectively, and subsection (1), paragraph (a) of
509 subsection (3), subsection (4), present paragraphs (a), (b),
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 21 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
510 (c), and (e) of subsection (7), and subsection (15) of that
511 section are amended to read:
512 337.11 Contracting authority of department; bids;
513 emergency repairs, supplemental agreements, and change orders;
514 combined design and construction contracts; progress payments;
515 records; requirements of vehicle registration.—
516 (1) The department shall have authority to enter into
517 contracts for the construction and maintenance of all roads
518 designated as part of the State Highway System or the State Park
519 Road System or of any roads placed under its supervision by law.
520 The department shall also have authority to enter into contracts
521 for the construction and maintenance of rest areas, weigh
522 stations, and other structures, including roads, parking areas,
523 supporting facilities and associated buildings used in
524 connection with such facilities. However, no such contract shall
525 create any third-party beneficiary rights in any person not a
526 party to the contract.
527 (3)(a) On all construction contracts of $250,000 or less,
528 and any construction contract of less than $500,000 for which
529 the department has waived prequalification under s. 337.14, the
530 department shall advertise for bids in a newspaper having
531 general circulation in the county where the proposed work is
532 located. Publication shall be at least once a week for no less
533 than 2 consecutive weeks, and the first publication shall be no
534 less than 14 days before prior to the date on which bids are to
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 22 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
535 be received.
536 (4)(a) The department may award the proposed construction
537 and maintenance work to the lowest responsible bidder, or in the
538 instance of a time-plus-money contract, the lowest evaluated
539 responsible bidder, or it may reject all bids and proceed to
540 rebid the work in accordance with subsection (2) or otherwise
541 perform the work.
542 (b)1. Notwithstanding any other provision of law to the
543 contrary, if the department receives bids outside the award
544 criteria set forth by the department, the department must
545 arrange an in-person meeting with the lowest responsive and
546 responsible bidder to ascertain reasons for the bids being over
547 the department's estimate. The department may subsequently award
548 the contract to the lowest responsive and responsible bidder,
549 may reject all bids and proceed to rebid the work, or may invite
550 all responsive and responsible bidders to provide best and final
551 offers without filing a protest or posting a bond under
552 paragraph (5)(a). If the department thereafter awards the
553 contract, the award must be to the bidder who provides the best
554 and final offer.
555 2. If the department intends to reject all bids on a
556 project after announcing but before posting official notice of
557 its intent to reject all bids, the department must provide to
558 the lowest responsive and responsible bidder the opportunity to
559 negotiate the scope of work with the corresponding reduction in
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 23 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
560 price, as provided in the bid, to provide a best and final offer
561 without filing a protest or posting a bond under paragraph
562 (5)(a). Upon reaching a decision regarding such bidder's best
563 and final offer, the department must post notice of final agency
564 action to either reject all bids or accept the best and final
565 offer.
566 3. This subsection does not prohibit the filing of a
567 protest by any bidder or alter the deadlines in s. 120.57.
568 4. Notwithstanding s. 120.57(3)(c) and s. 287.057(25),
569 upon receipt of a timely filed formal written protest, the
570 department may continue with the process provided for in this
571 section but may not take final agency action as to the lowest
572 responsive and responsible bidder, except as part of the
573 department's final agency action in the protest or if the
574 protesting party dismisses the protest.
575 (7)(a) If the department determines that it is in the best
576 interests of the public, the department may combine the design
577 and construction phases of a project into a single contract.
578 Such contract is referred to as a design-build contract. For
579 design-build contracts, the department must receive at least
580 three letters of interest, and the department shall request
581 proposals from no fewer than three of the design-build firms
582 submitting such letters of interest. If a design-build firm
583 withdraws from consideration after the department requests
584 proposals, the department may continue if at least two proposals
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 24 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
585 are received.
586 (b) If the department determines that it is in the best
587 interests of the public, the department may combine the design
588 and construction phases of a project fully funded in the work
589 program into a single contract and select the design-build firm
590 in the early stages of a project to ensure that the design-build
591 firm is part of the collaboration and development of the design
592 as part of a step-by-step progression through construction. Such
593 a contract is referred to as a phased design-build contract. For
594 phased design-build contracts, selection and award must include
595 a two-phase process. For phase one, the department shall
596 competitively award the contract to a design-build firm based
597 upon qualifications, provided that the department has received
598 at least three statements of qualifications from qualified
599 design-build firms. If the department elects, during phase one,
600 to enter into contracts with more than one design-build firm
601 based on qualifications, the department shall competitively
602 award the contract for phase two to a single design-build firm.
603 For phase two, the design-build firm may independently perform
604 portions of the work and shall competitively bid construction
605 trade subcontractor packages and, based upon the design-build
606 firm's estimates of its independently performed work and these
607 bids, negotiate with the department a fixed firm price or
608 guaranteed maximum price that meets the project budget and scope
609 as advertised in the request for qualifications.
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 25 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
610 (c) Design-build contracts and phased design-build
611 contracts may be advertised and awarded notwithstanding the
612 requirements of paragraph (3)(c). However, construction
613 activities may not begin on any portion of such projects for
614 which the department has not yet obtained title to the necessary
615 rights-of-way and easements for the construction of that portion
616 of the project has vested in the state or a local governmental
617 entity and all railroad crossing and utility agreements have
618 been executed. Title to rights-of-way shall be deemed to have
619 vested in the state when the title has been dedicated to the
620 public or acquired by prescription.
621 (d)(e) For design-build contracts and phased design-build
622 contracts, the department must receive at least three letters of
623 interest, and in order to proceed with a request for proposals.
624 the department shall request proposals from no fewer than three
625 of the design-build firms submitting such letters of interest.
626 If a design-build firm withdraws from consideration after the
627 department requests proposals, the department may continue if at
628 least two proposals are received.
629 (15) Each contract let by the department for performance
630 of bridge construction or maintenance on over navigable waters
631 must contain a provision requiring marine general liability
632 insurance, including protection and indemnity coverage, in an
633 amount to be determined by the department, which covers third-
634 party personal injury and property damage caused by vessels used
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 26 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
635 by the contractor in the performance of the work. Protection and
636 indemnity coverage may be covered by endorsement on the marine
637 general liability insurance policy or may be a separate policy.
638 Section 12. Subsection (3) is added to section 337.1101,
639 Florida Statutes, to read:
640 337.1101 Contracting and procurement authority of the
641 department; settlements; notification required.—
642 (3) The department may not, through a settlement of a
643 protest filed in accordance with s. 120.57(3) of the award of a
644 contract being procured pursuant to s. 337.11 or related to the
645 purchase of personal property or contractual services being
646 procured pursuant to s. 287.057, create a new contract unless
647 the new contract is competitively procured.
648 Section 13. Subsections (1), (2), and (8) of section
649 337.14, Florida Statutes, are amended to read:
650 337.14 Application for qualification; certificate of
651 qualification; restrictions; request for hearing.—
652 (1)(a) A Any contractor desiring to bid for the
653 performance of a any construction contract in excess of $250,000
654 which the department proposes to let must first be certified by
655 the department as qualified pursuant to this section and rules
656 of the department. The rules of the department must address the
657 qualification of contractors to bid on construction contracts in
658 excess of $250,000 and must include requirements with respect to
659 the equipment, past record, experience, financial resources, and
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 27 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
660 organizational personnel of the applying contractor which are
661 necessary to perform the specific class of work for which the
662 contractor seeks certification.
663 (b) A Any contractor who desires to bid on contracts in
664 excess of $50 million and who is not qualified and in good
665 standing with the department as of January 1, 2019, must first
666 be certified by the department as qualified and must have
667 satisfactorily completed two projects, each in excess of $15
668 million, for the department or for any other state department of
669 transportation.
670 (c) The department may limit the dollar amount of any
671 contract upon which a contractor is qualified to bid or the
672 aggregate total dollar volume of contracts such contractor is
673 allowed to have under contract at any one time.
674 (d)1. Each applying contractor seeking qualification to
675 bid on construction contracts in excess of $250,000 shall
676 furnish the department a statement under oath, on such forms as
677 the department may prescribe, setting forth detailed information
678 as required on the application.
679 2. Each application for certification must be accompanied
680 by audited, certified financial statements prepared in
681 accordance with generally accepted accounting principles and
682 auditing standards by a certified public accountant licensed in
683 this state or another state. The audited, certified financial
684 statements must be for the applying contractor and must have
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 28 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
685 been prepared within the immediately preceding 12 months.
686 3. The department may not consider any financial
687 information of the parent entity of the applying contractor, if
688 any.
689 4. The department may not certify as qualified any
690 applying contractor who fails to submit the audited, certified
691 financial statements required by this subsection.
692 5. If the application or the annual financial statement
693 shows the financial condition of the applying contractor more
694 than 4 months before the date on which the application is
695 received by the department, the applicant must also submit
696 interim audited, certified financial statements prepared in
697 accordance with generally accepted accounting principles and
698 auditing standards by a certified public accountant licensed in
699 this state or another state. The interim financial statements
700 must cover the period from the end date of the annual statement
701 and must show the financial condition of the applying contractor
702 no more than 4 months before the date that the interim financial
703 statements are received by the department. However, upon the
704 request of the applying contractor, an application and
705 accompanying annual or interim financial statement received by
706 the department within 15 days after either 4-month period under
707 this subsection shall be considered timely.
708 6. An applying contractor desiring to bid exclusively for
709 the performance of construction contracts with proposed budget
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 29 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
710 estimates of less than $2 million may submit reviewed annual or
711 reviewed interim financial statements prepared by a certified
712 public accountant.
713 (e) The information required by this subsection is
714 confidential and exempt from s. 119.07(1).
715 (f) The department shall act upon the application for
716 qualification within 30 days after the department determines
717 that the application is complete.
718 (g) The department may waive the requirements of this
719 subsection for:
720 1. A project with a diverse set of scopes of construction
721 work that may be performed under the project, typically referred
722 to as a "push-button contract" or a "task work order contract,"
723 which has a contract price of $1 million or less; or
724 2. A project that has projects having a contract price of
725 $500,000 or less if the department determines that the project
726 is of a noncritical nature and the waiver will not endanger
727 public health, safety, or property.
728 (2) Certification shall be necessary in order to bid on a
729 road, bridge, or public transportation construction contract of
730 more than $250,000. However, the successful bidder on any
731 construction contract must furnish a contract bond before prior
732 to the award of the contract. The department may waive the
733 requirement for all or a portion of a contract bond for
734 contracts of $250,000 $150,000 or less under s. 337.18(1).
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 30 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
735 (8) This section does not apply to maintenance contracts.
736 Notwithstanding any other provision of law, a contractor seeking
737 to bid on a maintenance contract for which the majority of the
738 work includes repair and replacement of safety appurtenances,
739 including, but not limited to, guardrails, attenuators, traffic
740 signals, and striping, must possess the prescribed
741 qualifications, equipment, past record, and experience required
742 to perform such work.
743 Section 14. Subsections (4) and (5) of section 337.185,
744 Florida Statutes, are amended to read:
745 337.185 State Arbitration Board.—
746 (4) The contractor may submit a claim greater than
747 $250,000 up to $1 million per contract or, upon agreement of the
748 parties, greater than up to $2 million per contract to be
749 arbitrated by the board. An award issued by the board pursuant
750 to this subsection is final if a request for a trial de novo is
751 not filed within the time provided by Rule 1.830, Florida Rules
752 of Civil Procedure. At the trial de novo, the court may not
753 admit evidence that there has been an arbitration proceeding,
754 the nature or amount of the award, or any other matter
755 concerning the conduct of the arbitration proceeding, except
756 that sworn testimony given in connection with at an arbitration
757 hearing may be used for any purpose otherwise permitted by the
758 Florida Evidence Code. If a request for trial de novo is not
759 filed within the time provided, the award issued by the board is
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 31 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
760 final and enforceable by a court of law.
761 (5) An arbitration request may not be made to the board
762 before final acceptance but must be made to the board:
763 (a) Within 820 days after final acceptance; or
764 (b) Within 360 days after written notice by the department
765 of a claim related to a written warranty or defect after final
766 acceptance.
767 Section 15. Subsection (2) of section 337.19, Florida
768 Statutes, is amended to read:
769 337.19 Suits by and against department; limitation of
770 actions; forum.—
771 (2) Suits by and against the department under this section
772 shall be commenced within 820 days after of the final acceptance
773 of the work or within 360 days after written notice by the
774 department of a claim related to a written warranty or defect
775 after final acceptance. This section shall apply to all
776 contracts entered into after June 30, 1993.
777 Section 16. Subsection (10) of section 339.175, Florida
778 Statutes, is renumbered as subsection (11), subsection (1),
779 paragraph (a) of subsection (2), paragraphs (b), (i), and (j) of
780 subsection (6), paragraphs (a), (b), and (d) of subsection (7),
781 and present subsection (11) are amended, and a new subsection
782 (10) is added to that section, to read:
783 339.175 Metropolitan planning organization.—
784 (1) PURPOSE.—It is the intent of the Legislature to
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 32 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
785 encourage and promote the safe and efficient management,
786 operation, and development of multimodal surface transportation
787 systems that will serve the mobility needs of people and freight
788 and foster economic growth and development within and through
789 urbanized areas of this state while balancing conservation of
790 natural resources minimizing transportation-related fuel
791 consumption, air pollution, and greenhouse gas emissions through
792 metropolitan transportation planning processes identified in
793 this section. To accomplish these objectives, metropolitan
794 planning organizations, referred to in this section as M.P.O.'s,
795 shall develop, in cooperation with the state and public transit
796 operators, transportation plans and programs for metropolitan
797 areas. The plans and programs for each metropolitan area must
798 provide for the development and integrated management and
799 operation of transportation systems and facilities, including
800 pedestrian walkways and bicycle transportation facilities that
801 will function as an intermodal transportation system for the
802 metropolitan area, based upon the prevailing principles provided
803 in s. 334.046(1). The process for developing such plans and
804 programs shall provide for consideration of all modes of
805 transportation and shall be continuing, cooperative, and
806 comprehensive, to the degree appropriate, based on the
807 complexity of the transportation problems to be addressed. To
808 ensure that the process is integrated with the statewide
809 planning process, M.P.O.'s shall develop plans and programs that
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 33 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
810 identify transportation facilities that should function as an
811 integrated metropolitan transportation system, giving emphasis
812 to facilities that serve important national, state, and regional
813 transportation functions. For the purposes of this section,
814 those facilities include the facilities on the Strategic
815 Intermodal System designated under s. 339.63 and facilities for
816 which projects have been identified pursuant to s. 339.2819(4).
817 (2) DESIGNATION.—
818 (a)1. An M.P.O. shall be designated for each urbanized
819 area of the state; however, this does not require that an
820 individual M.P.O. be designated for each such area. Such
821 designation shall be accomplished by agreement between the
822 Governor and units of general-purpose local government
823 representing at least 75 percent of the population of the
824 urbanized area; however, the unit of general-purpose local
825 government that represents the central city or cities within the
826 M.P.O. jurisdiction, as defined by the United States Bureau of
827 the Census, must be a party to such agreement.
828 2. To the extent possible, only one M.P.O. shall be
829 designated for each urbanized area or group of contiguous
830 urbanized areas. More than one M.P.O. may be designated within
831 an existing urbanized area only if the Governor and the existing
832 M.P.O. determine that the size and complexity of the existing
833 urbanized area makes the designation of more than one M.P.O. for
834 the area appropriate. After July 1, 2025, no additional M.P.O.'s
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 34 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
835 may be designated in this state except in urbanized areas, as
836 defined by the United States Bureau of the Census, where the
837 urbanized area boundary is not contiguous to an urbanized area
838 designated before the 2020 census, in which case each M.P.O.
839 designated for the area must:
840 a. Consult with every other M.P.O. designated for the
841 urbanized area and the state to coordinate plans and
842 transportation improvement programs.
843 b. Ensure, to the maximum extent practicable, the
844 consistency of data used in the planning process, including data
845 used in forecasting travel demand within the urbanized area.
846
847 Each M.P.O. required under this section must be fully operative
848 no later than 6 months following its designation.
849 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
850 privileges, and authority of an M.P.O. are those specified in
851 this section or incorporated in an interlocal agreement
852 authorized under s. 163.01. Each M.P.O. shall perform all acts
853 required by federal or state laws or rules, now and subsequently
854 applicable, which are necessary to qualify for federal aid. It
855 is the intent of this section that each M.P.O. be involved in
856 the planning and programming of transportation facilities,
857 including, but not limited to, airports, intercity and high-
858 speed rail lines, seaports, and intermodal facilities, to the
859 extent permitted by state or federal law. An M.P.O. may not
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 35 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
860 perform project production or delivery for capital improvement
861 projects on the State Highway System.
862 (b) In developing the long-range transportation plan and
863 the transportation improvement program required under paragraph
864 (a), each M.P.O. shall provide for consideration of projects and
865 strategies that will:
866 1. Support the economic vitality of the contiguous
867 urbanized metropolitan area, especially by enabling global
868 competitiveness, productivity, and efficiency.
869 2. Increase the safety and security of the transportation
870 system for motorized and nonmotorized users.
871 3. Increase the accessibility and mobility options
872 available to people and for freight.
873 4. Protect and enhance the environment, conserve natural
874 resources promote energy conservation, and improve quality of
875 life.
876 5. Enhance the integration and connectivity of the
877 transportation system, across and between modes and contiguous
878 urbanized metropolitan areas, for people and freight.
879 6. Promote efficient system management and operation.
880 7. Emphasize the preservation of the existing
881 transportation system.
882 8. Improve the resilience of transportation
883 infrastructure.
884 9. Reduce traffic and congestion.
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 36 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
885 (i) By December 31, 2023, the M.P.O.'s serving
886 Hillsborough, Pasco, and Pinellas Counties must submit a
887 feasibility report to the Governor, the President of the Senate,
888 and the Speaker of the House of Representatives exploring the
889 benefits, costs, and process of consolidation into a single
890 M.P.O. serving the contiguous urbanized area, the goal of which
891 would be to:
892 1. Coordinate transportation projects deemed to be
893 regionally significant.
894 2. Review the impact of regionally significant land use
895 decisions on the region.
896 3. Review all proposed regionally significant
897 transportation projects in the transportation improvement
898 programs.
899 (i)1.(j)1. To more fully accomplish the purposes for which
900 M.P.O.'s have been mandated, the department shall, at least
901 annually, convene M.P.O.'s of similar size, based on the size of
902 population served, for the purpose of exchanging best practices.
903 M.P.O.'s may shall develop committees or working groups as
904 needed to accomplish such purpose. Training for new M.P.O.
905 governing board members shall be provided by the department, or,
906 at the discretion of the department, by an entity pursuant to a
907 contract with the department, by the Florida Center for Urban
908 Transportation Research, or by the Implementing Solutions from
909 Transportation Research and Evaluation of Emerging Technologies
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 37 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
910 (I-STREET) living lab coordination mechanisms with one another
911 to expand and improve transportation within the state. The
912 appropriate method of coordination between M.P.O.'s shall vary
913 depending upon the project involved and given local and regional
914 needs. Consequently, it is appropriate to set forth a flexible
915 methodology that can be used by M.P.O.'s to coordinate with
916 other M.P.O.'s and appropriate political subdivisions as
917 circumstances demand.
918 2. Any M.P.O. may join with any other M.P.O. or any
919 individual political subdivision to coordinate activities or to
920 achieve any federal or state transportation planning or
921 development goals or purposes consistent with federal or state
922 law. When an M.P.O. determines that it is appropriate to join
923 with another M.P.O. or any political subdivision to coordinate
924 activities, the M.P.O. or political subdivision shall enter into
925 an interlocal agreement pursuant to s. 163.01, which, at a
926 minimum, creates a separate legal or administrative entity to
927 coordinate the transportation planning or development activities
928 required to achieve the goal or purpose; provides the purpose
929 for which the entity is created; provides the duration of the
930 agreement and the entity and specifies how the agreement may be
931 terminated, modified, or rescinded; describes the precise
932 organization of the entity, including who has voting rights on
933 the governing board, whether alternative voting members are
934 provided for, how voting members are appointed, and what the
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 38 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
935 relative voting strength is for each constituent M.P.O. or
936 political subdivision; provides the manner in which the parties
937 to the agreement will provide for the financial support of the
938 entity and payment of costs and expenses of the entity; provides
939 the manner in which funds may be paid to and disbursed from the
940 entity; and provides how members of the entity will resolve
941 disagreements regarding interpretation of the interlocal
942 agreement or disputes relating to the operation of the entity.
943 Such interlocal agreement shall become effective upon its
944 recordation in the official public records of each county in
945 which a member of the entity created by the interlocal agreement
946 has a voting member. Multiple M.P.O.'s may merge, combine, or
947 otherwise join together as a single M.P.O.
948 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
949 develop a long-range transportation plan that addresses at least
950 a 20-year planning horizon. The plan must include both long-
951 range and short-range strategies and must comply with all other
952 state and federal requirements. The prevailing principles to be
953 considered in the long-range transportation plan are: preserving
954 the existing transportation infrastructure; enhancing Florida's
955 economic competitiveness; and improving travel choices to ensure
956 mobility. The long-range transportation plan must be consistent,
957 to the maximum extent feasible, with future land use elements
958 and the goals, objectives, and policies of the approved local
959 government comprehensive plans of the units of local government
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 39 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
960 located within the jurisdiction of the M.P.O. Each M.P.O. is
961 encouraged to consider strategies that integrate transportation
962 and land use planning to provide for sustainable development and
963 reduce greenhouse gas emissions. The approved long-range
964 transportation plan must be considered by local governments in
965 the development of the transportation elements in local
966 government comprehensive plans and any amendments thereto. The
967 long-range transportation plan must, at a minimum:
968 (a) Identify transportation facilities, including, but not
969 limited to, major roadways, airports, seaports, spaceports,
970 commuter rail systems, transit systems, and intermodal or
971 multimodal terminals that will function as an integrated
972 metropolitan transportation system. The long-range
973 transportation plan must give emphasis to those transportation
974 facilities that serve national, statewide, or regional
975 functions, and must consider the goals and objectives identified
976 in the Florida Transportation Plan as provided in s. 339.155. If
977 a project is located within the boundaries of more than one
978 M.P.O., the M.P.O.'s must coordinate plans regarding the project
979 in the long-range transportation plan. Multiple M.P.O.'s within
980 a contiguous urbanized area must coordinate the development of
981 long-range transportation plans to be reviewed by the
982 Metropolitan Planning Organization Advisory Council.
983 (b) Include a financial plan that demonstrates how the
984 plan can be implemented, indicating resources from public and
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 40 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
985 private sources which are reasonably expected to be available to
986 carry out the plan, and recommends any additional financing
987 strategies for needed projects and programs. The financial plan
988 may include, for illustrative purposes, additional projects that
989 would be included in the adopted long-range transportation plan
990 if reasonable additional resources beyond those identified in
991 the financial plan were available. For the purpose of developing
992 the long-range transportation plan, the M.P.O. and the
993 department shall cooperatively develop estimates of funds that
994 will be available to support the plan implementation. Innovative
995 financing techniques may be used to fund needed projects and
996 programs. Such techniques may include the assessment of tolls,
997 public-private partnerships, the use of value capture financing,
998 or the use of value pricing. Multiple M.P.O.'s within a
999 contiguous urbanized area must ensure, to the maximum extent
1000 possible, the consistency of data used in the planning process.
1001 (d) Indicate, as appropriate, proposed transportation
1002 enhancement activities, including, but not limited to,
1003 pedestrian and bicycle facilities, trails or facilities that are
1004 regionally significant or critical linkages for the Florida
1005 Shared-Use Nonmotorized Trail Network, scenic easements,
1006 landscaping, integration of advanced air mobility, and
1007 integration of autonomous and electric vehicles, electric
1008 bicycles, and motorized scooters used for freight, commuter, or
1009 micromobility purposes historic preservation, mitigation of
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 41 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
1010 water pollution due to highway runoff, and control of outdoor
1011 advertising.
1012
1013 In the development of its long-range transportation plan, each
1014 M.P.O. must provide the public, affected public agencies,
1015 representatives of transportation agency employees, freight
1016 shippers, providers of freight transportation services, private
1017 providers of transportation, representatives of users of public
1018 transit, and other interested parties with a reasonable
1019 opportunity to comment on the long-range transportation plan.
1020 The long-range transportation plan must be approved by the
1021 M.P.O.
1022 (10) AGREEMENTS; ACCOUNTABILITY.—
1023 (a) Each M.P.O. may execute a written agreement with the
1024 department, which shall be reviewed, and updated as necessary,
1025 every 5 years, which clearly establishes the cooperative
1026 relationship essential to accomplish the transportation planning
1027 requirements of state and federal law. Roles, responsibilities,
1028 and expectations for accomplishing consistency with federal and
1029 state requirements and priorities must be set forth in the
1030 agreement. In addition, the agreement must set forth the
1031 M.P.O.'s responsibility, in collaboration with the department,
1032 to identify, prioritize, and present to the department a
1033 complete list of multimodal transportation projects consistent
1034 with the needs of the metropolitan planning area. It is the
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 42 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
1035 department's responsibility to program projects in the state
1036 transportation improvement program.
1037 (b) The department must establish, in collaboration with
1038 each M.P.O., quality performance metrics such as safety,
1039 infrastructure condition, congestion relief, and mobility. Each
1040 M.P.O. must, as part of its long-range transportation plan, in
1041 direct coordination with the department, develop targets for
1042 each performance measure within the metropolitan planning area
1043 boundary. The performance targets must support efficient and
1044 safe movement of people and goods both within the metropolitan
1045 planning area and between regions. Each M.P.O. must report
1046 progress toward establishing performance targets for each
1047 measure annually in its transportation improvement plan. The
1048 department shall evaluate and post on its website whether each
1049 M.P.O. has made significant progress toward its target for the
1050 applicable reporting period.
1051 (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—
1052 (a) A Metropolitan Planning Organization Advisory Council
1053 is created to augment, and not supplant, the role of the
1054 individual M.P.O.'s in the cooperative transportation planning
1055 process described in this section.
1056 (b) The council shall consist of one representative from
1057 each M.P.O. and shall elect a chairperson annually from its
1058 number. Each M.P.O. shall also elect an alternate representative
1059 from each M.P.O. to vote in the absence of the representative.
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 43 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
1060 Members of the council do not receive any compensation for their
1061 services, but may be reimbursed from funds made available to
1062 council members for travel and per diem expenses incurred in the
1063 performance of their council duties as provided in s. 112.061.
1064 (c) The powers and duties of the Metropolitan Planning
1065 Organization Advisory Council are to:
1066 1. Establish bylaws by action of its governing board
1067 providing procedural rules to guide its proceedings and
1068 consideration of matters before the council, or, alternatively,
1069 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
1070 provisions of law conferring powers or duties upon it.
1071 2. Assist M.P.O.'s in carrying out the urbanized area
1072 transportation planning process by serving as the principal
1073 forum for collective policy discussion pursuant to law.
1074 3. Serve as a clearinghouse for review and comment by
1075 M.P.O.'s on the Florida Transportation Plan and on other issues
1076 required to comply with federal or state law in carrying out the
1077 urbanized area transportation and systematic planning processes
1078 instituted pursuant to s. 339.155. The council must also report
1079 annually to the Florida Transportation Commission on the
1080 alignment of M.P.O. long-range transportation plans with the
1081 Florida Transportation Plan.
1082 4. Employ an executive director and such other staff as
1083 necessary to perform adequately the functions of the council,
1084 within budgetary limitations. The executive director and staff
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 44 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
1085 are exempt from part II of chapter 110 and serve at the
1086 direction and control of the council. The council is assigned to
1087 the Office of the Secretary of the Department of Transportation
1088 for fiscal and accountability purposes, but it shall otherwise
1089 function independently of the control and direction of the
1090 department.
1091 5. Deliver training on federal and state program
1092 requirements and procedures to M.P.O. board members and M.P.O.
1093 staff.
1094 6. Adopt an agency strategic plan that prioritizes steps
1095 the agency will take to carry out its mission within the context
1096 of the state comprehensive plan and any other statutory mandates
1097 and directives.
1098 (d) The Metropolitan Planning Organization Advisory
1099 Council may enter into contracts in accordance with chapter 287
1100 to support the activities described in paragraph (c). Lobbying
1101 and the acceptance of funds, grants, assistance, gifts, or
1102 bequests from private, local, state, or federal sources are
1103 prohibited.
1104 Section 17. Subsection (4) of section 339.65, Florida
1105 Statutes, is amended to read:
1106 339.65 Strategic Intermodal System highway corridors.—
1107 (4) The department shall develop and maintain a plan of
1108 Strategic Intermodal System highway corridor projects that are
1109 anticipated to be let to contract for construction within a time
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 45 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
1110 period of at least 20 years. The department shall prioritize
1111 projects that address gaps in a corridor so that the corridor
1112 becomes contiguous. The plan shall also identify when segments
1113 of the corridor will meet the standards and criteria developed
1114 pursuant to subsection (5).
1115 Section 18. Section 339.84, Florida Statutes, is amended
1116 to read:
1117 339.84 Workforce development.—
1118 (1) Beginning in the 2023-2024 fiscal year and annually
1119 thereafter for 5 years, $5 million shall be allocated from the
1120 State Transportation Trust Fund to the workforce development
1121 program as provided in s. 334.044(35) to promote career paths in
1122 Florida's road and bridge industry.
1123 (2) In fiscal years 2025-2026 through 2029-2030, the
1124 department may expend up to $5 million each fiscal year for
1125 grants to Florida College System institutions and high schools
1126 for the purchase of equipment simulators with authentic original
1127 equipment manufacturer controls. Each grant recipient must offer
1128 an elective course in heavy civil construction the curriculum of
1129 which is specifically designed to use an equipment simulator and
1130 other instructional aides to, at a minimum, provide the student
1131 with OSHA 10 Construction certification and an equipment
1132 simulator certification. In awarding such grants, the department
1133 shall give priority to Florida College System institutions and
1134 high schools in rural communities as defined in s. 288.0656(2).
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 46 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
1135 Section 19. Paragraph (b) of subsection (2) of section
1136 202.20, Florida Statutes, is amended to read:
1137 202.20 Local communications services tax conversion
1138 rates.—
1139 (2)
1140 (b) Except as otherwise provided in this subsection,
1141 "replaced revenue sources," as used in this section, means the
1142 following taxes, charges, fees, or other impositions to the
1143 extent that the respective local taxing jurisdictions were
1144 authorized to impose them prior to July 1, 2000.
1145 1. With respect to municipalities and charter counties and
1146 the taxes authorized by s. 202.19(1):
1147 a. The public service tax on telecommunications authorized
1148 by former s. 166.231(9).
1149 b. Franchise fees on cable service providers as authorized
1150 by 47 U.S.C. s. 542.
1151 c. The public service tax on prepaid calling arrangements.
1152 d. Franchise fees on dealers of communications services
1153 which use the public roads or rights-of-way, up to the limit set
1154 forth in s. 337.401. For purposes of calculating rates under
1155 this section, it is the legislative intent that charter counties
1156 be treated as having had the same authority as municipalities to
1157 impose franchise fees on recurring local telecommunication
1158 service revenues prior to July 1, 2000. However, the Legislature
1159 recognizes that the authority of charter counties to impose such
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 47 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
1160 fees is in dispute, and the treatment provided in this section
1161 is not an expression of legislative intent that charter counties
1162 actually do or do not possess such authority.
1163 e. Actual permit fees relating to placing or maintaining
1164 facilities in or on public roads or rights-of-way, collected
1165 from providers of long-distance, cable, and mobile
1166 communications services for the fiscal year ending September 30,
1167 1999; however, if a municipality or charter county elects the
1168 option to charge permit fees pursuant to s. 337.401(4)(c) s.
1169 337.401(3)(c), such fees shall not be included as a replaced
1170 revenue source.
1171 2. With respect to all other counties and the taxes
1172 authorized in s. 202.19(1), franchise fees on cable service
1173 providers as authorized by 47 U.S.C. s. 542.
1174 Section 20. Paragraph (e) of subsection (2) of section
1175 331.310, Florida Statutes, is amended to read:
1176 331.310 Powers and duties of the board of directors.—
1177 (2) The board of directors shall:
1178 (e) Prepare an annual report of operations as a supplement
1179 to the annual report required under s. 331.3051(15) s.
1180 331.3051(16). The report must include, but not be limited to, a
1181 balance sheet, an income statement, a statement of changes in
1182 financial position, a reconciliation of changes in equity
1183 accounts, a summary of significant accounting principles, the
1184 auditor's report, a summary of the status of existing and
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 48 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
1185 proposed bonding projects, comments from management about the
1186 year's business, and prospects for the next year.
1187 Section 21. Section 610.106, Florida Statutes, is amended
1188 to read:
1189 610.106 Franchise fees prohibited.—Except as otherwise
1190 provided in this chapter, the department may not impose any
1191 taxes, fees, charges, or other impositions on a cable or video
1192 service provider as a condition for the issuance of a state-
1193 issued certificate of franchise authority. No municipality or
1194 county may impose any taxes, fees, charges, or other exactions
1195 on certificateholders in connection with use of public right-of-
1196 way as a condition of a certificateholder doing business in the
1197 municipality or county, or otherwise, except such taxes, fees,
1198 charges, or other exactions permitted by chapter 202, s.
1199 337.401(7) s. 337.401(6), or s. 610.117.
1200 Section 22. The Legislature finds that the widening of
1201 that portion of Interstate 4 between U.S. Highway 27 in Polk
1202 County and Interstate 75 in Hillsborough County is in the public
1203 interest and in the strategic interest of the region to improve
1204 the movement of people and goods. The Department of
1205 Transportation shall develop a report that includes, but is not
1206 limited to, detailed costs for project development and
1207 environmental studies, design, acquisition of rights-of-way, and
1208 construction and a schedule to complete the widening as
1209 expeditiously as possible. Such report shall identify funding
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 49 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
1210 shortfalls and strategies to address such shortfalls, including,
1211 but not limited to, using express lane toll revenues generated
1212 on the Interstate 4 corridor and other available department
1213 funds for public-private partnerships. The department shall
1214 submit the report by December 31, 2025, to the Governor, the
1215 President of the Senate, and the Speaker of the House of
1216 Representatives.
1217 Section 23. By October 31, 2025, the Department of
1218 Transportation shall submit to the Governor, the President of
1219 the Senate, and the Speaker of the House of Representatives a
1220 report that provides a comprehensive review of the boundaries of
1221 each of the department's districts and whether any district's
1222 boundaries should be redrawn as a result of population growth
1223 and increased urban density.
1224 Section 24. Section 332.136, Florida Statutes, is created
1225 to read:
1226 332.136 Sarasota Manatee Airport Authority; airport pilot
1227 program.—
1228 (1) There is established at the Sarasota Manatee Airport
1229 Authority (SMAA) an airport pilot program. The purpose of the
1230 pilot program is to determine the long-term feasibility of
1231 alternative airport permitting procedures such as those provided
1232 in ss. 1013.30, 10133.33 and 553.80, and 1013.371.
1233 (2) The Department shall adopt rules as necessary to
1234 implement the pilot program.
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 50 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
1235 (3) By December 1, 2027, the Department shall submit
1236 recommendations to the President of the Senate and the Speaker
1237 of the House of Representatives about how to expand the program
1238 to additional airports, or terminate or amend the pilot program
1239 which would increase its effectiveness.
1240 (4) This section shall stand repealed on June 30, 2028,
1241 unless reviewed and saved from appeal through reenactment by the
1242 Legislature.
1243 Section 25. This act shall take effect July 1, 2025.
1244
1245 -----------------------------------------------------
1246 T I T L E A M E N D M E N T
1247 Remove everything before the enacting clause and insert:
1248 A bill to be entitled
1249 An act relating to transportation; amending s. 212.20,
1250 F.S.; requiring the Department of Revenue to make
1251 monthly distributions from certain tax proceeds to the
1252 State Transportation Trust Fund; providing for future
1253 repeal; creating s. 218.3211, F.S.; requiring counties
1254 to annually provide the Department of Transportation
1255 with certain project data; providing requirements for
1256 such data; providing duties of the department;
1257 creating s. 320.0849, F.S.; requiring the Department
1258 of Highway Safety and Motor Vehicles to issue
1259 expectant mother parking permits; specifying the
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 51 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
1260 validity period thereof; providing design requirements
1261 for expectant mother parking permit placards or
1262 decals; providing application requirements;
1263 authorizing such permitholders to park in certain
1264 spaces; amending s. 331.3051, F.S.; conforming
1265 provisions to changes made by the act; amending s.
1266 334.044, F.S.; revising conditions under which the
1267 Department of Transportation may acquire property
1268 through eminent domain; amending s. 334.065, F.S.;
1269 revising membership of the Center for Urban
1270 Transportation Research advisory board; creating s.
1271 334.63, F.S.; providing requirements for certain
1272 project concept studies and project development and
1273 environmental studies; amending s. 337.11, F.S.;
1274 revising advertisement requirements for certain
1275 construction contracts; providing competitive bidding
1276 and award requirements for contracts for certain
1277 projects; providing construction; revising
1278 requirements for requests for proposals for design-
1279 build contracts; revising requirements for selection
1280 and award of phased design-build contracts; removing
1281 provisions relating to design-build and phased design-
1282 build contracts and construction; requiring contracts
1283 to contain protection and indemnity coverage; amending
1284 s. 337.1101, F.S.; prohibiting the department from
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 52 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
1285 creating a new contract that is not competitively
1286 procured; amending s. 337.14, F.S.; authorizing the
1287 department to waive certain requirements for push-
1288 button or task work order contracts; revising the
1289 amount of contracts for which the department may waive
1290 bonding requirements; requiring a contractor seeking
1291 to bid on a certain maintenance contract to possess
1292 certain qualifications; amending s. 337.185, F.S.;
1293 revising the amount of a contract that may be subject
1294 to arbitration; revising the timeframe in which
1295 arbitration requests must be made to the State
1296 Arbitration Board; amending s. 337.19, F.S.; revising
1297 the timeframe in which certain suits by and against
1298 the department must commence; removing an obsolete
1299 provision; amending s. 339.175, F.S.; revising
1300 legislative intent; revising requirements for the
1301 designation of additional M.P.O.'s; revising projects
1302 and strategies to be considered in developing an
1303 M.P.O.'s long-range transportation plan and
1304 transportation improvement program; removing obsolete
1305 provisions; requiring the department to convene
1306 M.P.O.'s of similar size to exchange best practices;
1307 authorizing such M.P.O.'s to develop committees or
1308 working groups; requiring training for new M.P.O.
1309 governing board members to be provided by the
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 53 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
1310 department or another specified entity; removing
1311 provisions relating to M.P.O. coordination mechanisms;
1312 including public-private partnerships in authorized
1313 financing techniques; revising proposed transportation
1314 enhancement activities that must be indicated by the
1315 long-range transportation plan; authorizing each
1316 M.P.O. to execute a written agreement with the
1317 department regarding state and federal transportation
1318 planning requirements; requiring the department and
1319 M.P.O.'s to establish certain quality performance
1320 metrics and develop certain performance targets;
1321 requiring the department to evaluate and post on its
1322 website whether each M.P.O. has made significant
1323 progress toward such targets; removing provisions
1324 relating to the Metropolitan Planning Organization
1325 Advisory Council; amending s. 339.65, F.S.; requiring
1326 the department to prioritize certain Strategic
1327 Intermodal System highway corridor projects; amending
1328 s. 339.84, F.S.; authorizing the department to expend
1329 certain funds for grants for the purchase of certain
1330 equipment within a specified timeframe; providing
1331 requirements for grant recipients; requiring the
1332 department to give certain priority in awarding
1333 grants; amending ss. 202.20, 331.310, and 610.106,
1334 F.S.; conforming cross-references; providing
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 54 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
1335 legislative findings regarding widening of a certain
1336 roadway; requiring the department to develop and
1337 submit to the Governor and Legislature a report with
1338 certain specifications; requiring the department to
1339 submit to the Governor and Legislature a report
1340 regarding department districts; creating s. 332.136,
1341 F.S.; establishing an airport pilot program at the
1342 Sarasota Manatee Airport Authority; requiring such
1343 authority to prepare and adopt an airport master plan;
1344 requiring such plan to address specified public
1345 facilities and services; requiring such plan to make a
1346 specified determination; requiring such authority to
1347 send such plan to host local governments; requiring
1348 host local governments to review such plan and provide
1349 comments within a specified timeframe; requiring such
1350 authority to advertise the review period and hold an
1351 informal informational session; requiring such
1352 authority to hold a public hearing, after which it may
1353 adopt such plan; requiring such authority to post the
1354 adopted plan on its website and update such website at
1355 a specified time; requiring such authority to submit
1356 to a host local government a written request for a
1357 determination of consistency with the host local
1358 government comprehensive plan; requiring the host
1359 local government to make such determination within a
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 55 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. 1
1360 specified timeframe; providing an assumption if the
1361 host local government fails to make such
1362 determination; providing that the airport master plan
1363 may not conflict with the host local government
1364 comprehensive plan; requiring notice to host local
1365 governments for proposals to expand the boundaries of
1366 the airport site; authorizing host local governments
1367 to impose reasonable development standards and
1368 conditions within such expanded area; providing that
1369 the SMAA is the exclusive local enforcement agency and
1370 has certain jurisdiction; requiring the Department of
1371 Transportation to adopt rules; requiring the
1372 department, by a specified date, to submit a report to
1373 the Governor and the Legislature for specified
1374 purposes; providing for repeal on a specified date;
1375 providing an effective date.
649825 - h0567-strike.docx
Published On: 3/24/2025 7:56:57 PM
Page 56 of 56
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Economic Infrastructure
2 Subcommittee
3 Representative McFarland offered the following:
4
5 Amendment to Amendment (649825) by Representative McFarland
6 (with title amendment)
7 Between lines 776 and 777 of the amendment, insert:
8 Section 16. Present subsections (3) through (9) of section
9 337.401, Florida Statutes, are redesignated as subsections (4)
10 through (10), respectively, paragraph (c) is added to subsection
11 (1) and a new subsection (3) is added to that section, and
12 paragraph (b) of subsection (1), subsection (2), paragraphs (a),
13 (c), and (g) of present subsection (3), present subsection (5),
14 paragraph (e) of present subsection (6), and paragraphs (d) and
15 (n) of present subsection (7) of that section are amended, to
16 read:
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 1 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
17 337.401 Use of right-of-way for utilities subject to
18 regulation; permit; fees.—
19 (1)
20 (b) For aerial and underground electric utility
21 transmission lines designed to operate at 69 or more kilovolts
22 which that are needed to accommodate the additional electrical
23 transfer capacity on the transmission grid resulting from new
24 base-load generating facilities, the department's rules shall
25 provide for placement of and access to such transmission lines
26 adjacent to and within the right-of-way of any department-
27 controlled public roads, including longitudinally within limited
28 access facilities where there is no other practicable
29 alternative available, to the greatest extent allowed by federal
30 law, if compliance with the standards established by such rules
31 is achieved. Without limiting or conditioning the department's
32 jurisdiction or authority described in paragraph (a), with
33 respect to limited access right-of-way, such rules may include,
34 but need not be limited to, that the use of the right-of-way for
35 longitudinal placement of electric utility transmission lines is
36 reasonable based upon a consideration of economic and
37 environmental factors, including, without limitation, other
38 practicable alternative alignments, utility corridors and
39 easements, impacts on adjacent property owners, and minimum
40 clear zones and other safety standards, and further provide that
41 placement of the electric utility transmission lines within the
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 2 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
42 department's right-of-way does not interfere with operational
43 requirements of the transportation facility or planned or
44 potential future expansion of such transportation facility. If
45 the department approves longitudinal placement of electric
46 utility transmission lines in limited access facilities,
47 compensation for the use of the right-of-way is required. Such
48 consideration or compensation paid by the electric utility owner
49 in connection with the department's issuance of a permit does
50 not create any property right in the department's property
51 regardless of the amount of consideration paid or the
52 improvements constructed on the property by the utility owner.
53 Upon notice by the department that the property is needed for
54 expansion or improvement of the transportation facility, the
55 electric utility transmission line will be removed or relocated
56 at the utility owner's electric utility's sole expense. The
57 electric utility owner shall pay to the department reasonable
58 damages resulting from the utility owner's utility's failure or
59 refusal to timely remove or relocate its transmission lines. The
60 rules to be adopted by the department may also address the
61 compensation methodology and removal or relocation. As used in
62 this subsection, the term "base-load generating facilities"
63 means electric power plants that are certified under part II of
64 chapter 403.
65 (c) An entity that places, replaces, or relocates
66 underground utilities within a right-of-way must make such
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 3 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
67 underground utilities electronically detectable using techniques
68 approved by the department.
69 (2) The authority may grant to any person who is a
70 resident of this state, or to any corporation that which is
71 organized under the laws of this state or licensed to do
72 business within this state, the use of a right-of-way for the
73 utility in accordance with such rules or regulations as the
74 authority may adopt. A utility may not be installed, located, or
75 relocated unless authorized by a written permit issued by the
76 authority. However, for public roads or publicly owned rail
77 corridors under the jurisdiction of the department, a utility
78 relocation schedule and relocation agreement may be executed in
79 lieu of a written permit. The permit or relocation agreement
80 must require the permitholder or party to the agreement to be
81 responsible for any damage resulting from the work required. The
82 owner of an electric utility as defined in s. 366.02, the owner
83 of a natural gas utility as defined in s. 366.04(3), or the
84 owner of a water or wastewater utility shall pay to the
85 authority actual damages resulting from a failure or refusal to
86 timely remove or relocate a utility. Issuance of permits for new
87 placement of utilities within the authority's rights-of-way may
88 be subject to payment of actual costs incurred by the authority
89 due to the failure of the utility owner to timely relocate
90 utilities pursuant to an approved utility work schedule or for
91 damage done to existing infrastructure by the utility owner.
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 4 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
92 issuance of such permit. The authority may initiate injunctive
93 proceedings as provided in s. 120.69 to enforce provisions of
94 this subsection or any rule or order issued or entered into
95 pursuant thereto. A permit application required under this
96 subsection by a county or municipality having jurisdiction and
97 control of the right-of-way of any public road must be processed
98 and acted upon in accordance with the timeframes provided in
99 subparagraphs (8)(d)7., 8., and 9 (7)(d)7., 8., and 9.
100 (3)(a) As used in this subsection, the term "as-built
101 plans" means plans that depict the actual location, depth, and
102 physical configuration of utilities placed within a right-of-way
103 at a location which crosses a navigable waterway or deeper than
104 10 feet beneath the proposed ground surface.
105 (b) The authority and utility owner shall agree in writing
106 to an approved level of detail of as-built plans.
107 (c) The utility owner shall submit as-built plans within
108 20 business days after completion of the utility work which show
109 actual final surface and subsurface utilities, including
110 location alignment profile, depth, and geodetic datum of each
111 structure. As-built plans must be provided in an electronic
112 format that is compatible with department software and meets
113 technical specifications provided by the department or in an
114 electronic format determined by the utility industry to be in
115 accordance with industry standards. The department may by
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 5 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
116 written agreement make exceptions to the electronic format
117 requirement.
118 (d) As-built plans must be submitted before any costs may
119 be reimbursed by the authority under subsection (2).
120 (4)(a)(3)(a) Because of the unique circumstances
121 applicable to providers of communications services, including,
122 but not limited to, the circumstances described in paragraph (e)
123 and the fact that federal and state law require the
124 nondiscriminatory treatment of providers of telecommunications
125 services, and because of the desire to promote competition among
126 providers of communications services, it is the intent of the
127 Legislature that municipalities and counties treat providers of
128 communications services in a nondiscriminatory and competitively
129 neutral manner when imposing rules or regulations governing the
130 placement or maintenance of communications facilities in the
131 public roads or rights-of-way. Rules or regulations imposed by a
132 municipality or county relating to providers of communications
133 services placing or maintaining communications facilities in its
134 roads or rights-of-way must be generally applicable to all
135 providers of communications services, taking into account the
136 distinct engineering, construction, operation, maintenance,
137 public works, and safety requirements of the provider's
138 facilities, and, notwithstanding any other law, may not require
139 a provider of communications services to apply for or enter into
140 an individual license, franchise, or other agreement with the
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 6 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
141 municipality or county as a condition of placing or maintaining
142 communications facilities in its roads or rights-of-way. In
143 addition to other reasonable rules or regulations that a
144 municipality or county may adopt relating to the placement or
145 maintenance of communications facilities in its roads or rights-
146 of-way under this subsection or subsection (8) (7), a
147 municipality or county may require a provider of communications
148 services that places or seeks to place facilities in its roads
149 or rights-of-way to register with the municipality or county. To
150 register, a provider of communications services may be required
151 only to provide its name; the name, address, and telephone
152 number of a contact person for the registrant; the number of the
153 registrant's current certificate of authorization issued by the
154 Florida Public Service Commission, the Federal Communications
155 Commission, or the Department of State; a statement of whether
156 the registrant is a pass-through provider as defined in
157 subparagraph (7)(a)1. (6)(a)1.; the registrant's federal
158 employer identification number; and any required proof of
159 insurance or self-insuring status adequate to defend and cover
160 claims. A municipality or county may not require a registrant to
161 renew a registration more frequently than every 5 years but may
162 require during this period that a registrant update the
163 registration information provided under this subsection within
164 90 days after a change in such information. A municipality or
165 county may not require the registrant to provide an inventory of
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 7 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
166 communications facilities, maps, locations of such facilities,
167 or other information by a registrant as a condition of
168 registration, renewal, or for any other purpose; provided,
169 however, that a municipality or county may require as part of a
170 permit application that the applicant identify at-grade
171 communications facilities within 50 feet of the proposed
172 installation location for the placement of at-grade
173 communications facilities. A municipality or county may not
174 require a provider to pay any fee, cost, or other charge for
175 registration or renewal thereof. It is the intent of the
176 Legislature that the placement, operation, maintenance,
177 upgrading, and extension of communications facilities not be
178 unreasonably interrupted or delayed through the permitting or
179 other local regulatory process. Except as provided in this
180 chapter or otherwise expressly authorized by chapter 202,
181 chapter 364, or chapter 610, a municipality or county may not
182 adopt or enforce any ordinance, regulation, or requirement as to
183 the placement or operation of communications facilities in a
184 right-of-way by a communications services provider authorized by
185 state or local law to operate in a right-of-way; regulate any
186 communications services; or impose or collect any tax, fee,
187 cost, charge, or exaction for the provision of communications
188 services over the communications services provider's
189 communications facilities in a right-of-way.
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 8 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
190 (c) Any municipality or county that, as of January 1,
191 2019, elected to require permit fees from any provider of
192 communications services that uses or occupies municipal or
193 county roads or rights-of-way pursuant to former paragraph (c)
194 or former paragraph (j), Florida Statutes 2018, may continue to
195 require and collect such fees. A municipality or county that
196 elected as of January 1, 2019, to require permit fees may elect
197 to forego such fees as provided herein. A municipality or county
198 that elected as of January 1, 2019, not to require permit fees
199 may not elect to impose permit fees. All fees authorized under
200 this paragraph must be reasonable and commensurate with the
201 direct and actual cost of the regulatory activity, including
202 issuing and processing permits, plan reviews, physical
203 inspection, and direct administrative costs; must be
204 demonstrable; and must be equitable among users of the roads or
205 rights-of-way. A fee authorized under this paragraph may not be
206 offset against the tax imposed under chapter 202; include the
207 costs of roads or rights-of-way acquisition or roads or rights-
208 of-way rental; include any general administrative, management,
209 or maintenance costs of the roads or rights-of-way; or be based
210 on a percentage of the value or costs associated with the work
211 to be performed on the roads or rights-of-way. In an action to
212 recover amounts due for a fee not authorized under this
213 paragraph, the prevailing party may recover court costs and
214 attorney fees at trial and on appeal. In addition to the
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 9 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
215 limitations set forth in this section, a fee levied by a
216 municipality or charter county under this paragraph may not
217 exceed $100. However, permit fees may not be imposed with
218 respect to permits that may be required for service drop lines
219 not required to be noticed under s. 556.108(5) or for any
220 activity that does not require the physical disturbance of the
221 roads or rights-of-way or does not impair access to or full use
222 of the roads or rights-of-way, including, but not limited to,
223 the performance of service restoration work on existing
224 facilities, extensions of such facilities for providing
225 communications services to customers, and the placement of micro
226 wireless facilities in accordance with subparagraph (8)(e)3
227 (7)(e)3.
228 1. If a municipality or charter county elects to not
229 require permit fees, the total rate for the local communications
230 services tax as computed under s. 202.20 for that municipality
231 or charter county may be increased by ordinance or resolution by
232 an amount not to exceed a rate of 0.12 percent.
233 2. If a noncharter county elects to not require permit
234 fees, the total rate for the local communications services tax
235 as computed under s. 202.20 for that noncharter county may be
236 increased by ordinance or resolution by an amount not to exceed
237 a rate of 0.24 percent, to replace the revenue the noncharter
238 county would otherwise have received from permit fees for
239 providers of communications services.
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 10 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
240 (g) A municipality or county may not use its authority
241 over the placement of facilities in its roads and rights-of-way
242 as a basis for asserting or exercising regulatory control over a
243 provider of communications services regarding matters within the
244 exclusive jurisdiction of the Florida Public Service Commission
245 or the Federal Communications Commission, including, but not
246 limited to, the operations, systems, equipment, technology,
247 qualifications, services, service quality, service territory,
248 and prices of a provider of communications services. A
249 municipality or county may not require any permit for the
250 maintenance, repair, replacement, extension, or upgrade of
251 existing aerial wireline communications facilities on utility
252 poles or for aerial wireline facilities between existing
253 wireline communications facility attachments on utility poles by
254 a communications services provider. However, a municipality or
255 county may require a right-of-way permit for work that involves
256 excavation, closure of a sidewalk, or closure of a vehicular
257 lane or parking lane, unless the provider is performing service
258 restoration to existing facilities. A permit application
259 required by an authority under this section for the placement of
260 communications facilities must be processed and acted upon
261 consistent with the timeframes provided in subparagraphs
262 (8)(d)7., 8., and 9 (7)(d)7., 8., and 9. In addition, a
263 municipality or county may not require any permit or other
264 approval, fee, charge, or cost, or other exaction for the
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 11 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
265 maintenance, repair, replacement, extension, or upgrade of
266 existing aerial lines or underground communications facilities
267 located on private property outside of the public rights-of-way.
268 As used in this section, the term "extension of existing
269 facilities" includes those extensions from the rights-of-way
270 into a customer's private property for purposes of placing a
271 service drop or those extensions from the rights-of-way into a
272 utility easement to provide service to a discrete identifiable
273 customer or group of customers.
274 (6)(5) This section, except subsections (1) and (2) and
275 paragraph (4)(g) (3)(g), does not apply to the provision of pay
276 telephone service on public, municipal, or county roads or
277 rights-of-way.
278 (7)(6)
279 (e) This subsection does not alter any provision of this
280 section or s. 202.24 relating to taxes, fees, or other charges
281 or impositions by a municipality or county on a dealer of
282 communications services or authorize that any charges be
283 assessed on a dealer of communications services, except as
284 specifically set forth herein. A municipality or county may not
285 charge a pass-through provider any amounts other than the
286 charges under this subsection as a condition to the placement or
287 maintenance of a communications facility in the roads or rights-
288 of-way of a municipality or county by a pass-through provider,
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 12 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
289 except that a municipality or county may impose permit fees on a
290 pass-through provider consistent with paragraph (4)(c) (3)(c).
291 (8)(7)
292 (d) An authority may require a registration process and
293 permit fees in accordance with subsection (4) (3). An authority
294 shall accept applications for permits and shall process and
295 issue permits subject to the following requirements:
296 1. An authority may not directly or indirectly require an
297 applicant to perform services unrelated to the collocation for
298 which approval is sought, such as in-kind contributions to the
299 authority, including reserving fiber, conduit, or pole space for
300 the authority.
301 2. An applicant may not be required to provide more
302 information to obtain a permit than is necessary to demonstrate
303 the applicant's compliance with applicable codes for the
304 placement of small wireless facilities in the locations
305 identified in the application. An applicant may not be required
306 to provide inventories, maps, or locations of communications
307 facilities in the right-of-way other than as necessary to avoid
308 interference with other at-grade or aerial facilities located at
309 the specific location proposed for a small wireless facility or
310 within 50 feet of such location.
311 3. An authority may not:
312 a. Require the placement of small wireless facilities on
313 any specific utility pole or category of poles;
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 13 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
314 b. Require the placement of multiple antenna systems on a
315 single utility pole;
316 c. Require a demonstration that collocation of a small
317 wireless facility on an existing structure is not legally or
318 technically possible as a condition for granting a permit for
319 the collocation of a small wireless facility on a new utility
320 pole except as provided in paragraph (i);
321 d. Require compliance with an authority's provisions
322 regarding placement of small wireless facilities or a new
323 utility pole used to support a small wireless facility in
324 rights-of-way under the control of the department unless the
325 authority has received a delegation from the department for the
326 location of the small wireless facility or utility pole, or
327 require such compliance as a condition to receive a permit that
328 is ancillary to the permit for collocation of a small wireless
329 facility, including an electrical permit;
330 e. Require a meeting before filing an application;
331 f. Require direct or indirect public notification or a
332 public meeting for the placement of communication facilities in
333 the right-of-way;
334 g. Limit the size or configuration of a small wireless
335 facility or any of its components, if the small wireless
336 facility complies with the size limits in this subsection;
337 h. Prohibit the installation of a new utility pole used to
338 support the collocation of a small wireless facility if the
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 14 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
339 installation otherwise meets the requirements of this
340 subsection; or
341 i. Require that any component of a small wireless facility
342 be placed underground except as provided in paragraph (i).
343 4. Subject to paragraph (r), an authority may not limit
344 the placement, by minimum separation distances, of small
345 wireless facilities, utility poles on which small wireless
346 facilities are or will be collocated, or other at-grade
347 communications facilities. However, within 14 days after the
348 date of filing the application, an authority may request that
349 the proposed location of a small wireless facility be moved to
350 another location in the right-of-way and placed on an
351 alternative authority utility pole or support structure or
352 placed on a new utility pole. The authority and the applicant
353 may negotiate the alternative location, including any objective
354 design standards and reasonable spacing requirements for ground-
355 based equipment, for 30 days after the date of the request. At
356 the conclusion of the negotiation period, if the alternative
357 location is accepted by the applicant, the applicant must notify
358 the authority of such acceptance and the application shall be
359 deemed granted for any new location for which there is agreement
360 and all other locations in the application. If an agreement is
361 not reached, the applicant must notify the authority of such
362 nonagreement and the authority must grant or deny the original
363 application within 90 days after the date the application was
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 15 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
364 filed. A request for an alternative location, an acceptance of
365 an alternative location, or a rejection of an alternative
366 location must be in writing and provided by electronic mail.
367 5. An authority shall limit the height of a small wireless
368 facility to 10 feet above the utility pole or structure upon
369 which the small wireless facility is to be collocated. Unless
370 waived by an authority, the height for a new utility pole is
371 limited to the tallest existing utility pole as of July 1, 2017,
372 located in the same right-of-way, other than a utility pole for
373 which a waiver has previously been granted, measured from grade
374 in place within 500 feet of the proposed location of the small
375 wireless facility. If there is no utility pole within 500 feet,
376 the authority shall limit the height of the utility pole to 50
377 feet.
378 6. The installation by a communications services provider
379 of a utility pole in the public rights-of-way, other than a
380 utility pole used to support a small wireless facility, is
381 subject to authority rules or regulations governing the
382 placement of utility poles in the public rights-of-way.
383 7. Within 14 days after receiving an application, an
384 authority must determine and notify the applicant by electronic
385 mail as to whether the application is complete. If an
386 application is deemed incomplete, the authority must
387 specifically identify the missing information. An application is
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 16 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
388 deemed complete if the authority fails to provide notification
389 to the applicant within 14 days.
390 8. An application must be processed on a nondiscriminatory
391 basis. A complete application is deemed approved if an authority
392 fails to approve or deny the application within 60 days after
393 receipt of the application. If an authority does not use the 30-
394 day negotiation period provided in subparagraph 4., the parties
395 may mutually agree to extend the 60-day application review
396 period. The authority shall grant or deny the application at the
397 end of the extended period. A permit issued pursuant to an
398 approved application shall remain effective for 1 year unless
399 extended by the authority.
400 9. An authority must notify the applicant of approval or
401 denial by electronic mail. An authority shall approve a complete
402 application unless it does not meet the authority's applicable
403 codes. If the application is denied, the authority must specify
404 in writing the basis for denial, including the specific code
405 provisions on which the denial was based, and send the
406 documentation to the applicant by electronic mail on the day the
407 authority denies the application. The applicant may cure the
408 deficiencies identified by the authority and resubmit the
409 application within 30 days after notice of the denial is sent to
410 the applicant. The authority shall approve or deny the revised
411 application within 30 days after receipt or the application is
412 deemed approved. The review of a revised application is limited
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 17 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
413 to the deficiencies cited in the denial. If an authority
414 provides for administrative review of the denial of an
415 application, the review must be complete and a written decision
416 issued within 45 days after a written request for review is
417 made. A denial must identify the specific code provisions on
418 which the denial is based. If the administrative review is not
419 complete within 45 days, the authority waives any claim
420 regarding failure to exhaust administrative remedies in any
421 judicial review of the denial of an application.
422 10. An applicant seeking to collocate small wireless
423 facilities within the jurisdiction of a single authority may, at
424 the applicant's discretion, file a consolidated application and
425 receive a single permit for the collocation of up to 30 small
426 wireless facilities. If the application includes multiple small
427 wireless facilities, an authority may separately address small
428 wireless facility collocations for which incomplete information
429 has been received or which are denied.
430 11. An authority may deny an application to collocate a
431 small wireless facility or place a utility pole used to support
432 a small wireless facility in the public rights-of-way if the
433 proposed small wireless facility or utility pole used to support
434 a small wireless facility:
435 a. Materially interferes with the safe operation of
436 traffic control equipment.
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 18 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
437 b. Materially interferes with sight lines or clear zones
438 for transportation, pedestrians, or public safety purposes.
439 c. Materially interferes with compliance with the
440 Americans with Disabilities Act or similar federal or state
441 standards regarding pedestrian access or movement.
442 d. Materially fails to comply with the 2017 edition of the
443 Florida Department of Transportation Utility Accommodation
444 Manual.
445 e. Fails to comply with applicable codes.
446 f. Fails to comply with objective design standards
447 authorized under paragraph (r).
448 12. An authority may adopt by ordinance provisions for
449 insurance coverage, indemnification, force majeure, abandonment,
450 authority liability, or authority warranties. Such provisions
451 must be reasonable and nondiscriminatory. An authority may
452 require a construction bond to secure restoration of the
453 postconstruction rights-of-way to the preconstruction condition.
454 However, such bond must be time-limited to not more than 18
455 months after the construction to which the bond applies is
456 completed. For any financial obligation required by an authority
457 allowed under this section, the authority shall accept a letter
458 of credit or similar financial instrument issued by any
459 financial institution that is authorized to do business within
460 the United States, provided that a claim against the financial
461 instrument may be made by electronic means, including by
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 19 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
462 facsimile. A provider of communications services may add an
463 authority to any existing bond, insurance policy, or other
464 relevant financial instrument, and the authority must accept
465 such proof of coverage without any conditions other than consent
466 to venue for purposes of any litigation to which the authority
467 is a party. An authority may not require a communications
468 services provider to indemnify it for liabilities not caused by
469 the provider, including liabilities arising from the authority's
470 negligence, gross negligence, or willful conduct.
471 13. Collocation of a small wireless facility on an
472 authority utility pole does not provide the basis for the
473 imposition of an ad valorem tax on the authority utility pole.
474 14. An authority may reserve space on authority utility
475 poles for future public safety uses. However, a reservation of
476 space may not preclude collocation of a small wireless facility.
477 If replacement of the authority utility pole is necessary to
478 accommodate the collocation of the small wireless facility and
479 the future public safety use, the pole replacement is subject to
480 make-ready provisions and the replaced pole shall accommodate
481 the future public safety use.
482 15. A structure granted a permit and installed pursuant to
483 this subsection shall comply with chapter 333 and federal
484 regulations pertaining to airport airspace protections.
485 (n) This subsection does not affect provisions relating to
486 pass-through providers in subsection (7) (6).
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 20 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
487 Section 17. Present subsections (2) and (3) of
488 section 337.403, Florida Statutes, are redesignated as
489 subsections (3) and (), respectively, new subsection (2) is
490 added to that section, and subsection (1) of that section is
491 amended, to read:
492 337.403 Interference caused by utility; expenses.—
493 (1) If a utility that is placed upon, under, over, or
494 within the right-of-way limits of any public road or publicly
495 owned rail corridor is found by the authority to be unreasonably
496 interfering in any way with the convenient, safe, or continuous
497 use, or the maintenance, improvement, extension, or expansion,
498 of such public road or publicly owned rail corridor, the utility
499 owner shall, upon 30 days' written notice to the utility or its
500 agent by the authority, initiate the work necessary to alleviate
501 the interference at its own expense except as provided in
502 paragraphs (a)-(k) (a)-(j). The work must be completed within
503 such reasonable time as stated in the notice or such time as
504 agreed to by the authority and the utility owner.
505 (a) If the relocation of utility facilities, as referred
506 to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
507 84-627, is necessitated by the construction of a project on the
508 federal-aid interstate system, including extensions thereof
509 within urban areas, and the cost of the project is eligible and
510 approved for reimbursement by the Federal Government to the
511 extent of 90 percent or more under the Federal-Aid Highway Act,
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 21 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
512 or any amendment thereof, then in that event the utility owning
513 or operating such facilities must shall perform any necessary
514 work upon notice from the department, and the state must shall
515 pay the entire expense properly attributable to such work after
516 deducting therefrom any increase in the value of a new facility
517 and any salvage value derived from an old facility.
518 (b) The department may, at its discretion, provide an
519 incentive to the owner of an electric utility as defined in s.
520 366.02, the owner of a natural gas utility as defined in s.
521 366.04(3), or the owner of a water or wastewater utility to
522 facilitate the accelerated completion of utility relocation.
523 Such incentive must be provided for via a joint agreement
524 between the department and the utility.
525 (c)(b) When a joint agreement between the department and
526 the utility is executed for utility work to be accomplished as
527 part of a contract for construction of a transportation
528 facility, the department may participate in those utility work
529 costs that exceed the department's official estimate of the cost
530 of the work by more than 10 percent in addition to any costs
531 identified in paragraph (a). The amount of such participation is
532 limited to the difference between the official estimate of all
533 the work in the joint agreement plus 10 percent and the amount
534 awarded for this work in the construction contract for such
535 work. The department may not participate in any utility work
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 22 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
536 costs that occur as a result of changes or additions during the
537 course of the contract.
538 (d)(c) When an agreement between the department and
539 utility is executed for utility work to be accomplished in
540 advance of a contract for construction of a transportation
541 facility, the department may participate in the cost of clearing
542 and grubbing necessary to perform such work.
543 (e)(d) If the utility facility was initially installed to
544 exclusively serve the authority or its tenants, or both, the
545 authority must shall bear the costs of the utility work.
546 However, the authority is not responsible for the cost of
547 utility work related to any subsequent additions to that
548 facility for the purpose of serving others. For a county or
549 municipality, if such utility facility was installed in the
550 right-of-way as a means to serve a county or municipal facility
551 on a parcel of property adjacent to the right-of-way and if the
552 intended use of the county or municipal facility is for a use
553 other than transportation purposes, the obligation of the county
554 or municipality to bear the costs of the utility work extends
555 shall extend only to utility work on the parcel of property on
556 which the facility of the county or municipality originally
557 served by the utility facility is located.
558 (f)(e) If, under an agreement between a utility owner and
559 the authority entered into after July 1, 2009, the utility
560 conveys, subordinates, or relinquishes a compensable property
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 23 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
561 right to the authority for the purpose of accommodating the
562 acquisition or use of the right-of-way by the authority, without
563 the agreement expressly addressing future responsibility for the
564 cost of necessary utility work, the authority must shall bear
565 the cost of removal or relocation. This paragraph does not
566 impair or restrict, and may not be used to interpret, the terms
567 of any such agreement entered into before July 1, 2009.
568 (g)(f) If the utility is an electric facility being
569 relocated underground in order to enhance vehicular, bicycle,
570 and pedestrian safety and in which ownership of the electric
571 facility to be placed underground has been transferred from a
572 private to a public utility within the past 5 years, the
573 department shall incur all costs of the necessary utility work.
574 (h)(g) An authority may bear the costs of utility work
575 required to eliminate an unreasonable interference when the
576 utility is not able to establish that it has a compensable
577 property right in the particular property where the utility is
578 located if:
579 1. The utility was physically located on the particular
580 property before the authority acquired rights in the property;
581 2. The utility demonstrates that it has a compensable
582 property right in adjacent properties along the alignment of the
583 utility or, after due diligence, certifies that the utility does
584 not have evidence to prove or disprove that it has a compensable
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 24 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
585 property right in the particular property where the utility is
586 located; and
587 3. The information available to the authority does not
588 establish the relative priorities of the authority's and the
589 utility's interests in the particular property.
590 (i)(h) If a municipally owned utility or county-owned
591 utility is located in a rural area of opportunity, as defined in
592 s. 288.0656(2), and the department determines that the utility
593 owner is unable, and will not be able within the next 10 years,
594 to pay for the cost of utility work necessitated by a department
595 project on the State Highway System, the department may pay, in
596 whole or in part, the cost of such utility work performed by the
597 department or its contractor.
598 (j)(i) If the relocation of utility facilities is
599 necessitated by the construction of a commuter rail service
600 project or an intercity passenger rail service project and the
601 cost of the project is eligible and approved for reimbursement
602 by the Federal Government, then in that event the utility owning
603 or operating such facilities located by permit on a department-
604 owned rail corridor must shall perform any necessary utility
605 relocation work upon notice from the department, and the
606 department must shall pay the expense properly attributable to
607 such utility relocation work in the same proportion as federal
608 funds are expended on the commuter rail service project or an
609 intercity passenger rail service project after deducting
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 25 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
610 therefrom any increase in the value of a new facility and any
611 salvage value derived from an old facility. In no event is shall
612 the state be required to use state dollars for such utility
613 relocation work. This paragraph does not apply to any phase of
614 the Central Florida Commuter Rail project, known as SunRail.
615 (k)(j) If a utility is lawfully located within an existing
616 and valid utility easement granted by recorded plat, regardless
617 of whether such land was subsequently acquired by the authority
618 by dedication, transfer of fee, or otherwise, the authority must
619 bear the cost of the utility work required to eliminate an
620 unreasonable interference. The authority shall pay the entire
621 expense properly attributable to such work after deducting any
622 increase in the value of a new facility and any salvage value
623 derived from an old facility.
624 (2) Before the notice to initiate the work, the department
625 and the owner of an electric utility as defined in s. 366.02,
626 the owner of a natural gas utility as defined in s. 366.04(3),
627 and the owner of a water or wastewater utility shall follow a
628 procedure that includes all of the following:
629 (a) The department shall provide to the utility owner
630 preliminary plans for a proposed highway improvement project and
631 notice of a period that begins 30 days and ends within 120 days
632 after receipt of the notice within which the utility owner shall
633 submit to the department the plans required in accordance with
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 26 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
634 paragraph (b). The utility owner shall provide to the department
635 written acknowledgement of receipt of the preliminary plans.
636 (b) The utility owner shall submit to the department plans
637 showing existing and proposed locations of utility facilities
638 within the period provided by the department. If the utility
639 owner fails to submit the plans to the department within the
640 period, the department is not required to participate in the
641 work, may withhold any amount due to the utility owner on other
642 projects within the rights-of-way of the same district of the
643 department, and may withhold issuance of any other permits for
644 work within the rights-of-way of the same district of the
645 department.
646 (c) The plans submitted by the utility owner must include
647 a utility relocation schedule for approval by the department.
648 The utility relocation schedule must include a duration and
649 completion date for the work, and must meet form and timeframe
650 requirements established by department rule.
651 (d) If a state of emergency is declared by the Governor,
652 the utility is entitled to receive an extension to the utility
653 relocation schedule which is at least equal to any extension
654 granted to the contractor by the department. The utility owner
655 shall notify the department of any additional delays associated
656 with causes beyond the utility owner's control, including, but
657 not limited to, participation in recovery work under a mutual
658 aid agreement. The notification must occur within 10 calendar
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 27 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
659 days after commencement of the delay and provide a reasonably
660 complete description of the cause and nature of the delay and
661 the possible impacts to the utility relocation schedule. Within
662 10 calendar days after the cause of the delay ends, the utility
663 owner shall submit a revised utility relocation schedule for
664 approval by the department. The department may not unreasonably
665 withhold, delay, or condition such approval.
666 (e) If the utility owner does not initiate work in
667 accordance with the utility relocation schedule, the department
668 must provide the utility owner a final notice directing the
669 utility owner to initiate work within 10 calendar days. If the
670 utility owner does not begin work within 10 calendar days after
671 receipt of the final notice or, having so begun work, thereafter
672 fails to complete the work in accordance with the utility
673 relocation schedule, the department is not required to
674 participate in the work, may withhold any amount due to the
675 utility owner for projects within the rights-of-way of the same
676 district of the department, and may exercise its right to obtain
677 injunctive relief under s. 120.69.
678 (f) If additional utility work is found necessary after
679 the letting date of a highway improvement project, the utility
680 must provide a revised utility relocation schedule within 30
681 calendar days after becoming aware of the need for such
682 additional work or upon receipt of the department's written
683 notification advising of the need for such additional work. The
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 28 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
684 department shall review the revised utility relocation schedule
685 for compliance with the form and timeframe requirements of the
686 department and must approve the revised utility relocation
687 schedule if such requirements are met.
688 (g) The utility owner is liable to the department for
689 documented damages resulting from the utility's failure to
690 comply with the utility relocation schedule, including any delay
691 costs incurred by the contractor and approved by the department.
692 Within 45 days after receipt of written notification from the
693 department that the utility owner is liable for damages, the
694 utility owner must pay to the department the amount for which
695 the utility owner is liable.
696
697 -----------------------------------------------------
698 T I T L E A M E N D M E N T
699 Remove line 1299 of the amendment and insert:
700 provision; amending s. 337.401, F.S.; requiring
701 certain underground utilities to be electronically
702 detectable by specified techniques; requiring the
703 utility owner to pay certain reasonable damages and
704 reimburse certain costs; defining the term "as-built
705 plans"; amending s. 337.403, F.S.; authorizing the
706 department to provide an incentive to specified
707 utility owners under certain circumstances; providing
708 requirements for department rules and procedures for
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 29 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a1
709 engaging with utility owners; requiring the department
710 to grant an extension to the utility relocation
711 schedule during a state of emergency; authorizing the
712 department to give final notice if the utility owner
713 does not initiate work within a specified timeframe;
714 authorizing the department to withhold amounts due or
715 exercise injunctive relief under certain
716 circumstances; providing that the utility owner is
717 liable to the department for certain damages; amending
718 s. 339.175, F.S.; revising
177317 - h0567-line776a1.docx
Published On: 3/24/2025 9:53:38 PM
Page 30 of 30
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a2
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Economic Infrastructure
2 Subcommittee
3 Representative Lopez, V. offered the following:
4
5 Amendment to Amendment (649825) by Representative McFarland
6 (with title amendment)
7 Between lines 219 and 220 of the amendment, insert:
8 Section 6. Subsections (8) and (9) are added to section
9 316.20655, Florida Statutes, to read:
10 316.20655 Electric bicycle regulations.—
11 (8) A local government may adopt an ordinance providing
12 one or more minimum age requirements to operate an electric
13 bicycle and may adopt an ordinance requiring an operator of an
14 electric bicycle to possess a government-issued photographic
15 identification while operating the electric bicycle.
101311 - h0567-line 219 a2.docx
Published On: 3/24/2025 9:54:46 PM
Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a2
16 (9) A local government may provide training on the safe
17 operation of electric bicycles and compliance with the traffic
18 laws of this state that apply to electric bicycles.
19 Section 7. Subsections (7) and (8) are added to section
20 316.2128, Florida Statutes, to read:
21 316.2128 Micromobility devices, motorized scooters, and
22 miniature motorcycles; requirements.—
23 (7) A local government may adopt an ordinance providing
24 one or more minimum age requirements to operate a motorized
25 scooter or micromobility device and may adopt an ordinance
26 requiring a person who operates a motorized scooter or
27 micromobility device to possess a government-issued photographic
28 identification while operating the motorized scooter or
29 micromobility device.
30 (8) A local government may provide training on the safe
31 operation of motorized scooters and micromobility devices and
32 compliance with the traffic laws of this state that apply to
33 motorized scooters and micromobility devices.
34
35 -----------------------------------------------------
36 T I T L E A M E N D M E N T
37 Between lines 1256 and 1257 of the amendment, insert:
38 amending s. 316.20655, F.S.; authorizing a local
39 government to adopt certain ordinances and provide
40 certain training relating to the safe operation of
101311 - h0567-line 219 a2.docx
Published On: 3/24/2025 9:54:46 PM
Page 2 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 567 (2025)
Amendment No. a2
41 electric bicycles; amending s. 316.2128, F.S.;
42 authorizing a local government to adopt certain
43 ordinances and provide certain training relating to
44 the safe operation of motorized scooters and
45 micromobility devices;
101311 - h0567-line 219 a2.docx
Published On: 3/24/2025 9:54:46 PM
Page 3 of 3
HB 1123
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1123 COMPANION BILL: SB 1784 (Pizzo)
TITLE: Sewer Collection Systems LINKED BILLS: None
SPONSOR(S): Cassel RELATED BILLS: None
Committee References
Intergovernmental Affairs Economic Infrastructure State Affairs
17 Y, 0 N
SUMMARY
Effect of the Bill:
The bill authorizes a municipality that operates a sewer utility to use revenue generated by the municipality’s
operation of a central sewage system to expand the central sewage system.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill authorizes a municipality that operates a sewer utility to use revenue generated by the municipality’s
operation of a central sewage system to expand the central sewage system. (Section 1)
The effective date of the bill is July 1, 2025. (Section 2)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Municipal Water and Sewer Utilities
General law authorizes municipalities to provide water and sewer utility services.1 A municipality may use all of its
corporate powers to provide water and sewer utility services, including to unincorporated areas outside of its
municipal boundaries.2 To begin initial construction or expansion of a water or sewer utility, the municipality must
adopt an ordinance or resolution stating its purpose, the proposed area to be included, whether mortgage revenue
certificates or debentures will be necessary to finance the project and the cost of those debt instruments, and any
other provisions the city council deems necessary.3 The municipality must pass a second ordinance or resolution at
least 40 days after the first to authorize construction to begin.4
If the municipality is proposing the construction or extension of a central sewage system, the ordinance or
resolution must contain a report that includes a study of available information from the Department of
Environmental Protection (DEP) including:
1 Pursuant to s. 180.06, F.S., a municipality may provide water and alternative water supplies; provide for the collection and
disposal of sewage, including wastewater reuse, and other liquid wastes; and construct reservoirs, sewerage systems, trunk
sewers, intercepting sewers, pumping stations, wells, siphons, intakes, pipelines, distribution systems, purification works,
collection systems, treatment and disposal works to accomplish these purposes.
2 S. 180.02(2), F.S.
3 S. 180.03(1), F.S.
4 S. 180.04, F.S.
STORAGE NAME: h1123b.EIS
DATE: 3/21/2025
1
The history of onsite sewage treatment and disposal systems currently in use in the area;
A comparison of the projected costs to the typical lot or parcel owner of connecting to and using the
proposed central sewage system versus installing, operating, and properly maintaining an onsite sewage
treatment and disposal system that is approved by the DEP and that provides for the comparable level of
environmental and health protection as the proposed central sewerage system;
Consideration of the municipality’s obligations for water body cleanup and protection under state or
federal programs, including requirements for water bodies in the Clean Water Act; and
Any other factors the municipality deems relevant.5
Municipal Funding
Current law authorizes municipalities to raise the amounts of money necessary for the conduct of the municipal
government.6 A municipality may do so by taxation and licenses authorized by Florida’s constitution or general
law, or by user charges or fees authorized by ordinance. Municipalities routinely transfer a portion of their utility
earnings to their general funds for non-utility purposes, though the amounts and percentages may vary widely
among municipalities.7 These transfers may be limited in some circumstances by ordinance, but they are not
governed by state law.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Intergovernmental Affairs 17 Y, 0 N 3/19/2025 Darden Darden
Subcommittee
Economic Infrastructure Keating Garcia
Subcommittee
State Affairs Committee
5 S. 180.03(3), F.S.
6 S. 166.201, F.S.
7 Presentation on Florida Public Power by Florida Municipal Electric Association to House Energy, Communications &
Cybersecurity Subcommittee on Feb. 9, 2023, slide 6, (last visited Mar. 15, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1123 2025
1 A bill to be entitled
2 An act relating to the sewer collection systems;
3 amending s. 180.03, F.S.; authorizing municipalities
4 to use certain funds for a specified purpose;
5 providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Subsection (4) is added to section 180.03,
10 Florida Statutes, to read:
11 180.03 Resolution or ordinance proposing construction or
12 extension of utility; objections to same.—
13 (4) A municipality is authorized to utilize revenue
14 generated by the municipality from operation of the
15 municipality's central sewage system for expansion of the
16 central sewage system.
17 Section 2. This act shall take effect July 1, 2025.
Page 1 of 1
CODING: Words stricken are deletions; words underlined are additions.
hb1123-00
HB 1239
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1239 COMPANION BILL: SB 1574 (DiCeglie)
TITLE: Energy Infrastructure Investment LINKED BILLS: None
SPONSOR(S): Kincart Jonsson RELATED BILLS: None
Committee References
Economic Infrastructure Commerce
SUMMARY
Effect of the Bill:
The bill authorizes the Public Service Commission to create an experimental cost recovery mechanism to facilitate
investment in certain gas infrastructure projects that collect, prepare, clean, process, transport, or inject gas as a
transportation fuel or for pipeline distribution. For purposes of the bill, “gas “ is defined as anaerobically generated
biogas, landfill gas, or wastewater treatment gas refined to a methane content of 90 percent or greater – commonly
referred to as renewable natural gas – which may be used as a transportation fuel or for pipeline distribution.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill provides that the Public Service Commission (PSC), under its rate setting authority, may establish an
experimental mechanism to facilitate energy infrastructure investments in gas consistent with the structure set
forth in s. 366.96(7) and (8), F.S.,1 and the intent of s. 366.91, F.S.2 The bill provides that these investments may
include only projects that collect, prepare, clean, process, transport, or inject gas as a transportation fuel or for
pipeline distribution.
For purposes of this experimental mechanism, the bill defines “gas “ is defined as anaerobically generated biogas,
landfill gas, or wastewater treatment gas refined to a methane content of 90 percent or greater – commonly
referred to as renewable natural gas3 – which may be used as a transportation fuel or for pipeline distribution.
The bill requires the PSC to adopt rules to implement and administer the provisions of the bill and requires the PSC
to propose such rules for adoption no later than January 1, 2026. (Section 1.)
The bill has an effective date of July 1, 2025. (Section 2.)
1 These statutory provisions establish the mechanism by which an investor-owned electric utility may recover, through a
customer charge separate from the utility’s base rates, its prudently incurred costs associated with PSC-approved storm
protection plans. This mechanism requires an annual proceeding to determine prudently incurred cots, but the bill provides
the PSC with discretion to determine whether or not to conduct the experimental mechanism authorized by the bill in an
annual proceeding.
2 This provision provides this legislative finding: “[I]t is in the public interest to promote the development of renewable energy
resources in this state. Renewable energy resources have the potential to help diversify fuel types to meet Florida’s growing
dependency on natural gas for electric production, minimize the volatility of fuel costs, encourage investment within the state,
improve environmental conditions, and make Florida a leader in new and innovative technologies.”
3 See s. 366.91(f), F.S.
STORAGE NAME: h1239.EIS
DATE: 3/22/2025
1
RULEMAKING:
The bill requires the PSC to adopt rules to implement and administer the provisions of the bill and requires the PSC
to propose such rules for adoption no later than January 1, 2026.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Rate Setting for Public Utilities
The Public Service Commission (PSC) has broad jurisdiction over the rates and service of public (investor-owned)
electric and natural gas utilities in Florida.4 Under this broad grant of authority, and through more specific grants
of authority in chapter 366, F.S., the PSC sets rates for such utilities through various mechanisms, each of which is
established in a separate administrative proceeding, typically a formal evidentiary hearing.
For natural gas utilities, the largest portions of these rates are comprised of base rates, which cover most of a
utility’s operations and maintenance expenses, recovery of its capital investment through depreciation expense,
and a return on that investment, plus charges that reflect the utility’s cost to procure natural gas. Base rates are
adjusted as needed through general rate cases, while “purchased gas” charges are adjusted annually through a
“cost recovery clause” proceeding. A much smaller portion of natural gas utility rates reflects the costs of energy
conservation and efficiency programs.5
Similarly, the largest portions of electric utility rates are comprised of base rates plus annually adjusted “fuel and
purchased power” charges that reflect the utility’s costs to procure power plant fuel and to purchase wholesale
electricity. Other portions of electric utility rates reflects the costs to comply with government-mandated
environmental standards,6 energy efficiency and conservation program costs,7 storm protection plan costs,8 and, on
occasion, storm recovery costs. Each of these charges is set in an annual proceeding.
The PSC is also authorized to establish certain experimental rates.9
Renewable Natural Gas
Florida law provides that it is in the public interest to promote the development of renewable energy resources to
help diversify fuel types for electric production, minimize the volatility of fuel costs, encourage investment within
the state, improve environmental conditions, and make Florida a leader in new and innovative technologies.10
Renewable natural gas (RNG) is the gaseous product of the decomposition of organic matter, processed into a
pipeline-quality gas that is fully interchangeable with conventional natural gas. Primary sources of RNG include
landfills, livestock operations, and wastewater treatment facilities.11
In 2021, the Legislature added the term “renewable natural gas” to Florida law and defined it as “anaerobically
generated biogas, landfill gas, or wastewater treatment gas refined to a methane content of 90 percent or greater
4 See, e.g., ss. 366.01, 366.04(1), 366.041, 366.05(1), and 366.06, F.S.
5 S. 366.82, F.S.
6 S. 366.8255, F.S.
7 S. 366.82, F.S.
8 S. 366.96, F.S.
9 S. 366.075, F.S.
10 S. 366.91(1), F.S.
11 Office of Energy Efficiency & Renewable Energy, Alternative Fuels Data Center – Renewable Natural Gas Production, U.S.
Department of Energy, https://afdc.energy.gov/fuels/natural_gas_renewable.html (last visited Mar. 21, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
which may be used as a transportation fuel or for electric generation or is of a quality capable of being injected into
a natural gas pipeline.” The legislation authorized the PSC to approve cost recovery for the purchase of RNG by
natural gas public utilities, even if pricing exceeds the current market price of natural gas, if the PSC deems the
purchase to be reasonable and prudent.12
Renewable Fuel Standard Program
Created as part of the Energy Policy Act of 2005, the Renewable Fuel Standard (RFS) program is a national
program that requires a certain volume of renewable fuel to be used to replace or reduce the quantity of fossil fuel
in transportation fuel, home heating oil, or jet fuel.13 The program is administered by the U.S. Environmental
Protection Agency (EPA). Refiners or importers of gasoline or diesel fuel are obligated under the RFS program to
obtain and retire enough credits representing renewable fuel sufficient to meet annual volume targets established
by formula.14 These credits can be generated by renewable fuel producers, including renewable natural gas
producers, and may be purchased by obligated refiners and importers to achieve compliance with the RFS
program.15
Under the RFS program, a producer of renewable natural gas may generate credits reflecting the volume of such
gas used as a transportation fuel and sell those credits to refiners and importers of gasoline or diesel fuel obligated
to comply with the program.
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/SB 480 Yeager DiCeglie Passed the Senate, but died in
the House.
2023 CS/CS/SB 1162 Yeager DiCeglie Passed the Senate, but died in
the House.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure Keating Bauldree
Subcommittee
Commerce Committee
12 Ch. 2021-178, Laws of Fla., codified at s. 366.91(2)(f) and (9), F.S.
13 See U.S. Environmental Protection Agency, Overview of the Renewable Fuel Standard Program,
https://www.epa.gov/renewable-fuel-standard-program/overview-renewable-fuel-standard-program (last visited Mar. 21,
2025).
14 Id.
15 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1239 2025
1 A bill to be entitled
2 An act relating to energy infrastructure investments;
3 amending s. 366.075, F.S.; authorizing the Public
4 Service Commission to establish an experimental
5 mechanism that meets certain requirements to
6 facilitate certain energy infrastructure investments
7 in gas; providing requirements for gas infrastructure
8 investments; authorizing the commission to make
9 certain determinations regarding the experimental
10 mechanism; defining the term "gas"; requiring the
11 commission to adopt rules and propose such rules by a
12 specified date; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsection (3) is added to section 366.075,
17 Florida Statutes, to read:
18 366.075 Experimental and transitional rates; experimental
19 mechanisms.—
20 (3) The commission may establish an experimental mechanism
21 to facilitate energy infrastructure investments in gas
22 consistent with the structure set forth in s. 366.96(7) and (8)
23 and the intent of s. 366.91(1). Such gas infrastructure
24 investments may include only such investments that collect,
25 prepare, clean, process, transport, or inject gas as a
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb1239-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1239 2025
26 transportation fuel or for pipeline distribution. The commission
27 shall have discretion to determine whether such mechanism is
28 conducted in an annual proceeding. As used in this subsection,
29 the term "gas" means anaerobically generated biogas, landfill
30 gas, or wastewater treatment gas refined to a methane content of
31 90 percent or greater which may be used as a transportation fuel
32 or pipeline distribution. The commission shall adopt rules to
33 implement and administer this subsection and shall propose such
34 rules for adoption as soon as practicable but no later than
35 January 1, 2026.
36 Section 2. This act shall take effect July 1, 2025.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb1239-00
HB 7009
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 7009 PCB GOS 25-04 COMPANION BILL: SB 7006
TITLE: OGSR/Public Safety Communication Systems LINKED BILLS: None
SPONSOR(S): Government Operations Subcommittee, RELATED BILLS: None
Conerly
Committee References
Orig. Comm.: Government Economic Infrastructure State Affairs
Operations
17 Y, 0 N
SUMMARY
Effect of the Bill:
The bill saves from repeal the public record and public meeting exemptions that protect from disclosure documents
used in the planning, building, and maintenance of 911, E911, and other public safety radio communication system
infrastructure. The public record and public meeting exemptions will repeal on October 2, 2025, if this bill does not
become law.
Fiscal or Economic Impact:
None.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill removes the scheduled repeal, created pursuant to the Open Government Sunset Review Act (OGSR Act), of
the public record and public meeting exemptions that protect from disclosure certain records that identify the
design, scope, and location of 911, E911, or public safety radio communication system infrastructure owned and
operated by an agency. The exemptions will repeal on October 2, 2025, if the bill does not become a law. (Section
1)
The effective date of the bill is October 1, 2025. (Section 2)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Open Government Sunset Review Act
The Open Government Sunset Review Act (OGSR Act)1 sets forth a legislative review process for newly created or
substantially amended public record or public meeting exemptions. It requires an automatic repeal of the
exemption on October 2nd of the fifth year after creation or substantial amendment, unless the Legislature reenacts
the exemption.2
The OGSR Act provides that a public record or public meeting exemption may be created or maintained only if it
serves an identifiable public purpose. In addition, it may be no broader than is necessary to meet one of the
following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a governmental
program, which administration would be significantly impaired without the exemption.
1
S. 119.15, F.S.
2 S. 119.15(3), F.S.
STORAGE NAME: h7009.EIS
DATE: 3/21/2025
1
Protect sensitive personal information that, if released, would be defamatory or would jeopardize an
individual’s safety; however, only the identity of an individual may be exempted under this provision.
Protect trade or business secrets.3
If, and only if, in reenacting an exemption that will repeal, the exemption is expanded, then a public necessity
statement and a two-thirds vote for passage are required. If the exemption is reenacted with grammatical or
stylistic changes that do not expand the exemption, if the exemption is narrowed, or if an exception to the
exemption is created, then a public necessity statement and a two-thirds vote are not required.4
911 and E911
Since 1973, the state of Florida, in conjunction with Florida’s counties, has funded technological advancements in
statewide emergency number systems for emergency communications between citizens and visitors and
emergency services.5 Basic 911 service was established statewide in 1997.6 In 2005, wireline enhanced 911 (E911)
service was implemented in all of Florida’s 67 counties to obtain a 911 caller’s telephone number and address.7 In
2007, Florida’s wireless 911 board transitioned to the E911 Board with the intent of implementing enhanced 911
services.8 Phase I of the enhanced services provided call back numbers and the location of cell sites utilized for
making the call into 911; Phase II provided location information for the actual cellular caller. These enhancements
were completed March 31, 2008.9 Currently, Florida’s counties are working on technical, funding, and deployment
issues in an effort to provide statewide text-to-911 services. As of February 2025, 64 of Florida’s 67 counties offer
text-to-911 service.10
Public Record Exemption under Review
In 2020, the Legislature created a public record exemption for specific records that identify the design, scope, and
location of 911, E911, or public safety radio communication system infrastructure owned and operated by an
agency.11 Specifically, the public record exemption provides that the following records are exempt12 from
disclosure:
Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final
formats, which depict the structural elements of 911, E911, or public safety radio communication system
infrastructure, including towers, antennae, equipment or facilities used to provide 911, E911, or public
safety radio communication services, or other 911, E911, or public safety radio communication structures
or facilities owned and operated by an agency; and
Geographical maps indicating the actual or proposed locations of 911, E911, or public safety radio
communication system infrastructure, including towers, antennae, equipment or facilities used to provide
911, E911, or public safety radio services, or other 911, E911, or public safety radio communication
structures or facilities owned and operated by an agency.
The information may be disclosed in three circumstances, provided that any entity who receives the information
must maintain its exempt status. First, it may be disclosed to another governmental entity if necessary for the
receiving entity to perform its duties and responsibilities. Second, it may be disclosed to a licensed architect,
3 S. 119.15(6)(b), F.S.
4 Art. I, s. 24(c), FLA. CONST.
5 Department of Management Services, Florida Emergency Communications Board (last visited Mar. 14, 2025).
6 Id.
7 Id.
8 Id.
9 Id.
10 Department of Management Services, Florida Text-to-911 Status (by county) (last visited Mar. 14, 2025).
11 S. 119.071(3)(e), F.S.
12 There is a difference between records the Legislature designates exempt from public record requirements and those the
Legislature designates confidential and exempt. A record classified as exempt from public disclosure may be disclosed under
certain circumstances. See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied, 892 So.2d
1015 (Fla. 2004); State v. Wooten, 260 So.3d 1060, 1070 (Fla. 4th DCA 2018); City of Rivera Beach v. Barfield, 642 So.2d 1135
(Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991). If the Legislature designates a record
as confidential and exempt from public disclosure, such record may not be released by the custodian of public records to
anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla. 04- 09 (2004).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
contractor, or engineer who is performing work on or related to the 911, E911, or public safety radio
communication system infrastructure. Third, it may be disclosed upon a showing of good cause before a court of
competent jurisdiction.
The Legislature also created a public meeting exemption for any portion of a meeting that would reveal the
protected records.13 All portions of a public meeting that are exempted must be recorded and transcribed. The
recordings and transcripts are confidential and exempt from disclosure as public records except to the extent that
any portion of the recording or transcript is determined by a court of competent jurisdiction, upon review, to
reveal nonexempt data.
The 2020 public necessity statement14 provided that:
911, E911, and public safety radio communication facilities, including towers and
antennae, are a vital link in the chain of survival. Such critical infrastructure must be
protected as any disruption during an active shooter or other terror event is very
likely to result in greater loss of life and property damage. To function properly,
towers and antennae need to be visible, increasing the security risk of such facilities.
Because architectural and engineering plans reviewed and held by counties,
municipalities, and other government agencies include information about towers,
equipment, ancillary facilities, critical systems, and restricted areas, these plans could
be used by criminals or terrorists to examine the physical plant for vulnerabilities.
Information contained in these documents could aid in the planning of, training for,
and execution of criminal actions, including cybercrime, arson, and terrorism.
Consequently, the Legislature finds that it is a public necessity to exempt such
information from public records requirements to reduce exposure to security threats
and protect the public.15
Pursuant to the OGSR Act, the exemption will repeal on October 2, 2025, unless reenacted by the Legislature.
During the 2024 interim, House and Senate staff jointly sent a survey requesting information concerning the public
record and public meeting exemptions to Florida’s counties, law enforcement agencies, and 911 dispatchers. A
total of 54 responses were received with the vast majority indicating that the exemptions be reenacted as is.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Government 17 Y, 0 N 3/18/2025 Toliver Lines
Operations Subcommittee
Economic Infrastructure Keating Keating
Subcommittee
State Affairs Committee
13 S. 286.0113(4), F.S.
14 Art. I, s. 24(c), FLA. CONST., requires each public record exemption to “state with specificity the public necessity justifying the
exemption.”
15 Ch. 2020-13, L.O.F.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 7009 2025
1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 119.071, F.S., which
4 provides an exemption from public record requirements
5 for certain documents which depict the structural
6 elements of certain 911, E911, or public safety radio
7 communication system infrastructure, structures, or
8 facilities, as well as geographical maps indicating
9 the actual or proposed locations of certain 911, E911,
10 or public safety radio communication infrastructure,
11 structures, or facilities; removing the scheduled
12 repeal of the exemption; amending s. 286.0113, F.S.,
13 which provides an exemption from public meeting
14 requirements for portions of meetings that would
15 reveal certain documents depicting the structural
16 elements of 911, E911, or public safety radio
17 communication system infrastructure, structures, or
18 facilities, or geographical maps indicating the
19 locations or proposed locations of 911, E911, or
20 public safety radio communication system
21 infrastructure, structures, or facilities, as well an
22 exemption from public record requirements for the
23 recording and transcription of the exempt portion of
24 such meetings; removing the scheduled repeal of the
25 exemptions; providing an effective date.
Page 1 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb7009-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 7009 2025
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Paragraph (e) of subsection (3) of section
30 119.071, Florida Statutes, is amended to read:
31 119.071 General exemptions from inspection or copying of
32 public records.—
33 (3) SECURITY AND FIRESAFETY.—
34 (e)1.a. Building plans, blueprints, schematic drawings,
35 and diagrams, including draft, preliminary, and final formats,
36 which depict the structural elements of 911, E911, or public
37 safety radio communication system infrastructure, including
38 towers, antennas antennae, equipment or facilities used to
39 provide 911, E911, or public safety radio communication
40 services, or other 911, E911, or public safety radio
41 communication structures or facilities owned and operated by an
42 agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the
43 State Constitution.
44 b. Geographical maps indicating the actual or proposed
45 locations of 911, E911, or public safety radio communication
46 system infrastructure, including towers, antennas antennae,
47 equipment or facilities used to provide 911, E911, or public
48 safety radio services, or other 911, E911, or public safety
49 radio communication structures or facilities owned and operated
50 by an agency are exempt from s. 119.07(1) and s. 24(a), Art. I
Page 2 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb7009-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 7009 2025
51 of the State Constitution.
52 2. This exemption applies to building plans, blueprints,
53 schematic drawings, and diagrams, including draft, preliminary,
54 and final formats, which depict the structural elements of 911,
55 E911, or public safety radio communication system infrastructure
56 or other 911, E911, or public safety radio communication
57 structures or facilities owned and operated by an agency, and
58 geographical maps indicating actual or proposed locations of
59 911, E911, or public safety radio communication system
60 infrastructure or other 911, E911, or public safety radio
61 communication structures or facilities owned and operated by an
62 agency, before, on, or after the effective date of this act.
63 3. Information made exempt by this paragraph may be
64 disclosed:
65 a. To another governmental entity if disclosure is
66 necessary for the receiving entity to perform its duties and
67 responsibilities;
68 b. To a licensed architect, engineer, or contractor who is
69 performing work on or related to the 911, E911, or public safety
70 radio communication system infrastructure, including towers,
71 antennas antennae, equipment or facilities used to provide 911,
72 E911, or public safety radio communication services, or other
73 911, E911, or public safety radio communication structures or
74 facilities owned and operated by an agency; or
75 c. Upon a showing of good cause before a court of
Page 3 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb7009-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 7009 2025
76 competent jurisdiction.
77 4. The entities or persons receiving such information must
78 maintain the exempt status of the information.
79 5. For purposes of this paragraph, the term "public safety
80 radio" is defined as the means of communication between and
81 among 911 public safety answering points, dispatchers, and first
82 responder agencies using those portions of the radio frequency
83 spectrum designated by the Federal Communications Commission
84 under 47 C.F.R. part 90 for public safety purposes.
85 6. This paragraph is subject to the Open Government Sunset
86 Review Act in accordance with s. 119.15 and shall stand repealed
87 on October 2, 2025, unless reviewed and saved from repeal
88 through reenactment by the Legislature.
89 Section 2. Paragraph (e) of subsection (4) of section
90 286.0113, Florida Statutes, is amended to read:
91 286.0113 General exemptions from public meetings.—
92 (4)
93 (e) This subsection is subject to the Open Government
94 Sunset Review Act in accordance with s. 119.15 and shall stand
95 repealed on October 2, 2025, unless reviewed and saved from
96 repeal through reenactment by the Legislature.
97 Section 3. This act shall take effect October 1, 2025.
Page 4 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb7009-00
Economic Infrastructure Subcommittee
HB 7009
OGSR/Public Safety Communication Systems
AMENDMENT SUMMARY
March 25, 2025
Amendment 1 by Conerly (Strike-All):
• Expands the public record and public meeting exemptions for 911 and other
public safety communication infrastructure to include Next Generation 911, also
known as NG911, systems.
• Extends the repeal date from 2025 to 2030, when these exemptions will next be
subject to review.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 7009 (2025)
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
1 Committee/Subcommittee hearing bill: Economic Infrastructure
2 Subcommittee
3 Representative Conerly offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Paragraph (e) of subsection (3) of section
8 119.071, Florida Statutes, is amended to read:
9 119.071 General exemptions from inspection or copying of
10 public records.—
11 (3) SECURITY AND FIRESAFETY.—
12 (e)1.a. Building plans, blueprints, schematic drawings,
13 and diagrams, including draft, preliminary, and final formats,
14 which depict the structural elements of 911, E911, NG911, or
15 public safety radio communication system infrastructure,
16 including towers, antennas antennae, equipment or facilities
677833 - h7009-strike.docx
Published On: 3/24/2025 5:01:22 PM
Page 1 of 8
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 7009 (2025)
Amendment No. 1
17 used to provide 911, E911, NG911, or public safety radio
18 communication services, or other 911, E911, NG911, or public
19 safety radio communication structures or facilities owned and
20 operated by an agency are exempt from s. 119.07(1) and s. 24(a),
21 Art. I of the State Constitution.
22 b. Geographical maps indicating the actual or proposed
23 locations of 911, E911, NG911, or public safety radio
24 communication system infrastructure, including towers, antennas
25 antennae, equipment or facilities used to provide 911, E911,
26 NG911, or public safety radio services, or other 911, E911,
27 NG911, or public safety radio communication structures or
28 facilities owned and operated by an agency are exempt from s.
29 119.07(1) and s. 24(a), Art. I of the State Constitution.
30 2. This exemption applies to building plans, blueprints,
31 schematic drawings, and diagrams, including draft, preliminary,
32 and final formats, which depict the structural elements of 911,
33 E911, NG911, or public safety radio communication system
34 infrastructure or other 911, E911, NG911, or public safety radio
35 communication structures or facilities owned and operated by an
36 agency, and geographical maps indicating actual or proposed
37 locations of 911, E911, NG911, or public safety radio
38 communication system infrastructure or other 911, E911, NG911,
39 or public safety radio communication structures or facilities
40 owned and operated by an agency, before, on, or after the
41 effective date of this act.
677833 - h7009-strike.docx
Published On: 3/24/2025 5:01:22 PM
Page 2 of 8
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 7009 (2025)
Amendment No. 1
42 3. Information made exempt by this paragraph may be
43 disclosed:
44 a. To another governmental entity if disclosure is
45 necessary for the receiving entity to perform its duties and
46 responsibilities;
47 b. To a licensed architect, engineer, or contractor who is
48 performing work on or related to the 911, E911, NG911, or public
49 safety radio communication system infrastructure, including
50 towers, antennas antennae, equipment or facilities used to
51 provide 911, E911, NG911, or public safety radio communication
52 services, or other 911, E911, NG911, or public safety radio
53 communication structures or facilities owned and operated by an
54 agency; or
55 c. Upon a showing of good cause before a court of
56 competent jurisdiction.
57 4. The entities or persons receiving such information must
58 maintain the exempt status of the information.
59 5. For purposes of this paragraph, the term "public safety
60 radio" is defined as the means of communication between and
61 among 911 public safety answering points, dispatchers, and first
62 responder agencies using those portions of the radio frequency
63 spectrum designated by the Federal Communications Commission
64 under 47 C.F.R. part 90 for public safety purposes.
65 6. This paragraph is subject to the Open Government Sunset
66 Review Act in accordance with s. 119.15 and shall stand repealed
677833 - h7009-strike.docx
Published On: 3/24/2025 5:01:22 PM
Page 3 of 8
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 7009 (2025)
Amendment No. 1
67 on October 2, 2030 2025, unless reviewed and saved from repeal
68 through reenactment by the Legislature.
69 Section 2. Subsection (4) of section 286.0113, Florida
70 Statutes, is amended to read:
71 286.0113 General exemptions from public meetings.—
72 (4)(a) Any portion of a meeting that would reveal building
73 plans, blueprints, schematic drawings, or diagrams, including
74 draft, preliminary, and final formats, which depict the
75 structural elements of 911, E911, NG911, or public safety radio
76 communication system infrastructure, including towers, antennas
77 antennae, equipment or facilities used to provide 911, E911,
78 NG911, or public safety radio communication services, or other
79 911, E911, NG911, or public safety radio communication
80 structures or facilities made exempt by s. 119.071(3)(e)1.a. is
81 exempt from s. 286.011 and s. 24, Art. I of the State
82 Constitution.
83 (b) Any portion of a meeting that would reveal
84 geographical maps indicating the actual or proposed locations of
85 911, E911, NG911, or public safety radio communication system
86 infrastructure, including towers, antennas antennae, equipment
87 or facilities used to provide 911, E911, NG911, or public safety
88 radio communication services, or other 911, E911, NG911, or
89 public safety radio communication structures or facilities made
90 exempt by s. 119.071(3)(e)1.b. is exempt from s. 286.011 and s.
91 24, Art. I of the State Constitution.
677833 - h7009-strike.docx
Published On: 3/24/2025 5:01:22 PM
Page 4 of 8
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 7009 (2025)
Amendment No. 1
92 (c) No portion of an exempt meeting under paragraph (a) or
93 paragraph (b) may be off the record. All exempt portions of such
94 meeting shall be recorded and transcribed. Such recordings and
95 transcripts are confidential and exempt from disclosure under s.
96 119.07(1) and s. 24(a), Art. I of the State Constitution unless
97 a court of competent jurisdiction, after an in camera review,
98 determines that the meeting was not restricted to the discussion
99 of the information made exempt by s. 119.071(3)(e)1.a. or b. In
100 the event of such a judicial determination, only that portion of
101 the recording and transcript which reveals nonexempt information
102 may be disclosed to a third party.
103 (d) For purposes of this subsection, the term "public
104 safety radio" is defined as the means of communication between
105 and among 911 public safety answering points, dispatchers, and
106 first responder agencies using those portions of the radio
107 frequency spectrum designated by the Federal Communications
108 Commission under 47 C.F.R. part 90 for public safety purposes.
109 (e) This subsection is subject to the Open Government
110 Sunset Review Act in accordance with s. 119.15 and shall stand
111 repealed on October 2, 2030 2025, unless reviewed and saved from
112 repeal through reenactment by the Legislature.
113 Section 3. The Legislature finds that it is a public
114 necessity that building plans, blueprints, schematic drawings,
115 and diagrams, including draft, preliminary, and final formats,
116 which depict the structural elements of 911, E911, NG911, or
677833 - h7009-strike.docx
Published On: 3/24/2025 5:01:22 PM
Page 5 of 8
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 7009 (2025)
Amendment No. 1
117 public safety radio communication system infrastructure,
118 including towers, antennas, equipment, or facilities used to
119 provide 911, E911, NG911, or public safety radio communication
120 services, and other 911, E911, NG911, or public safety radio
121 communication structures or facilities owned and operated by an
122 agency, and geographical maps indicating the actual or proposed
123 locations of such communication system infrastructure,
124 structures, or facilities be made exempt from s. 119.07(1),
125 Florida Statutes, and s. 24(a), Article I of the State
126 Constitution to ensure the security of emergency communication
127 infrastructure, structures, and facilities. The Legislature
128 finds that it is a public necessity that any portion of a
129 meeting revealing such documents and maps held by an agency be
130 made exempt from s. 286.011, Florida Statutes, and s. 24(b),
131 Article I of the State Constitution. Building plans, blueprints,
132 schematic drawings, and diagrams, including draft, preliminary,
133 and final formats, received and held by counties,
134 municipalities, and other governmental agencies which depict the
135 structural elements of 911, E911, NG911, or public safety radio
136 communication system infrastructure, structures, and facilities
137 are currently subject to release as public records upon request.
138 Similarly, geographical maps showing the present or proposed
139 locations of such 911, E911, NG911, or public safety radio
140 communication system infrastructure, structures, and facilities
141 which are in the possession of counties, municipalities, and
677833 - h7009-strike.docx
Published On: 3/24/2025 5:01:22 PM
Page 6 of 8
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 7009 (2025)
Amendment No. 1
142 other governmental agencies are also subject to release as
143 public records upon request. Counties, municipalities, and other
144 governmental agencies may review the building plans or
145 geographical maps to ensure compliance with land development
146 regulations, building codes, agency rules, and standards to
147 protect the public health and safety. These building plans
148 include diagrams and schematic drawings of emergency
149 communication systems, electrical systems, and other physical
150 plant and security details which depict the structural elements
151 of such emergency communications facilities and structures. Such
152 911, E911, NG911, and public safety radio communication
153 facilities, including towers and antennas, are a vital link in
154 the chain of survival. This critical infrastructure must be
155 protected because any disruption during an active shooter or
156 other terror event is very likely to result in greater loss of
157 life and property damage. To function properly, towers and
158 antennas need to be visible, increasing the security risk of
159 such facilities. Because architectural and engineering plans
160 reviewed and held by counties, municipalities, and other
161 government agencies include information about towers, equipment,
162 ancillary facilities, critical systems, and restricted areas,
163 these plans could be used by criminals or terrorists to examine
164 the physical plant for vulnerabilities. Information contained in
165 these documents could aid in the planning of, training for, and
166 execution of criminal actions, including cybercrime, arson, and
677833 - h7009-strike.docx
Published On: 3/24/2025 5:01:22 PM
Page 7 of 8
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 7009 (2025)
Amendment No. 1
167 terrorism. Consequently, the Legislature finds that it is a
168 public necessity to exempt such information from public records
169 and public meetings requirements to reduce exposure to security
170 threats and to protect the public.
171 Section 4. This act shall take effect upon becoming a law.
172
173 -----------------------------------------------------
174 T I T L E A M E N D M E N T
175 Remove everything before the enacting clause and insert:
176 An act relating to a review under the Open Government
177 Sunset Review act; amending s. 119.071, F.S.;
178 expanding an exemption from public records
179 requirements for certain components of 911, E911, and
180 public safety radio communication systems to include
181 NG911 systems; extending the date for future
182 legislative review and repeal of the exemption;
183 amending s. 286.0113, F.S.; expanding an exemption
184 from public meetings requirements for certain portions
185 of meetings that would reveal certain components of
186 911, E911, and public safety radio communication
187 systems to include NG911 systems; extending the date
188 for future legislative review and repeal of the
189 exemption; providing a statement of public necessity;
190 providing an effective date.
677833 - h7009-strike.docx
Published On: 3/24/2025 5:01:22 PM
Page 8 of 8
PCS for HB 1397
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: PCS for HB 1397 COMPANION BILL: SB 1662 (Collins)
TITLE: Transportation LINKED BILLS: None
SPONSOR(S): Economic Infrastructure Subcommittee RELATED BILLS: None
Committee References
Orig. Comm.: Economic Infrastructure
SUMMARY
Effect of the Bill:
The bill addresses several matters related to the Florida Department of Transportation (FDOT) and state
transportation policy, including:
Organization, duties, and powers of FDOT and the Florida Transportation Commission.
Seaport project funding, planning, and reporting.
Development of advanced air mobility.
Spaceport project funding.
Use of airport property during a state of emergency.
Airport project funding and commercial airport requirements.
Allocation of transportation project funds for landscaping.
Transportation workforce development.
Contracting for transportation projects.
Funding for certain small county support programs.
Governance and duties of the Jacksonville Transportation Authority.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill addresses several matters related to the Florida Department of Transportation (FDOT) and state
transportation policy.
Organization of FDOT
The bill provides that the three assistant secretaries currently appointed by the FDOT Secretary shall serve under
the titles of Chief Operations Officer, Chief Finance and Administration Officer, and Chief Strategic Development
Officer. The bill also provides that the FDOT Secretary may appoint an Executive Director of Transportation
Technology. Under the bill, each of these positions maintain Senior Management Status and are exempt from
career service under s. 110.205(2), F.S.
The bill expands the areas of program responsibility for which the FDOT Secretary may appoint deputy assistance
secretaries or directors to include “operational technology.” The bill renames the “modal development” area as
“supply chain and modal development” and renames the “information systems” area as “information technology.”
(Section 1)
FDOT Powers and Duties
STORAGE NAME: PCS1397.EIS
DATE: 3/23/2025
1
The bill adds the following to DOT’s power and duties:
Purchasing, leasing, or acquiring promotional items as part of public information and education campaigns
that promote environmental management, workforce development, or “context classification.”
Entering into contracts for insurance that FDOT is contractually and legally obligated to provide directly
from local, national, or international insurance companies.
Purchasing, leasing, or acquiring heavy equipment and motor vehicles for roadway operations and
emergency response purposes without the need to remove or cease operation of any existing FDOT fleet
motor vehicles or heavy equipment.
Adopting rules to comply with requirements of 49 C.F.R. part 26 and applicable federal law, which
addresses participation by disadvantaged business enterprises in financial assistance programs under the
U.S. Department of Transportation. (Section 14)
The bill eliminates FDOT’s power and duty to:
Purchase, lease, or acquire promotional items as part of public information and education campaigns that
promote alternatives to single-occupant vehicle travel, electric vehicle (EV) use and charging stations,
autonomous vehicles, and design for EVs. (Section 14)
Florida Transportation Commission
The bill provides that at least three members of the nine-member Florida Transportation Commission (FTC) shall
represent or have expertise in higher education, transportation, or workforce development. The bill eliminates
requirements that each FTC member must be a registered voter and citizen of Florida and possess private sector
business managerial experience. The bill removes the prohibition on FTC members having any interest in any
contract, franchise, privilege, or other benefit granted or awarded by FDOT and replaces this prohibition with a
requirement that each FTC member must follow the standards of conduct for public officers provided in s. 112.313,
F.S.
The bill expands FTC’s duties to include monitoring the efficiency, productivity, and management of any transit
entity that is a recipient of funding from FDOT’s public transit block grant program under s. 341.052, F.S. (Section
1)
Transportation Research and Innovation
The bill creates the Florida Transportation Research Institute (Institute) as a consortium of higher education
professionals to “drive cutting-edge research , innovation, transformational technologies, and breakthrough
solutions and to support workforce development efforts that contribute to the state's transportation system.
The bill provides that the Institute shall include membership from the University of Florida, Indian River State
College, the University of Central Florida, and Florida International University. The bill requires FDOT to select a
representative from one of these entities to serve as the Institute’s administrative lead. The bill also requires FDOT
to coordinate with these entities to adopt and approve policies establishing the Institute's executive committee and
mission statement.
The bill requires the Institute to report to FDOT and requires the FDOT Secretary to appoint a member of FDOT to
serve as the Institute’s executive director. The bill requires FDOT to assess the performance of the administrative
lead periodically to ensure accountability and assess the attainment of performance expectations. The bill does not
specify how these performance expectations will be set.
The bill authorizes the Institute to award grants consistent with its mission. Grants may be directed to member and
nonmember institutions that have a proven expertise relevant to the grant, including not-for-profit organizations
and institutions of higher education. The bill authorizes the Institute to expend state funds as allocated by FDOT
from the State Transportation Trust Fund (STTF) for the Institute's operations and programs.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The bill requires the Institute to submit an annual report to the FDOT Secretary’s office and to the FTC containing
performance metrics, including, but not limited to, expenditures of appropriated funds allocated by FDOT, ongoing
and proposed research efforts, and the application and success of past research efforts. (Section 1)
Florida Seaport Transportation and Economic Development
The bill adds that the following port facilities or port transportation projects are eligible for funding under the
Florida Seaport Transportation and Economic Development Program (FSTED):
Spaceport or space-related planning or construction of facilities on seaport property which is necessary or
useful to advance the space industry in this state when the project provides economic benefit to the
community.
Commercial shipbuilding and manufacturing facilities when such project provides economic benefit to the
community. (Section 2)
Under the bill, the FSTED Council is directed to support the growth of the seaports of Florida through the review,
development, and financing of port transportation and port facilities. (Section 3)
The bill directs the FSTED Council to include in the council’s 5-year Florida Seaport Mission Plan specific
recommendations for the construction of transportation facilities connecting any port to the space and aerospace
industries. (Section 3)
Each port member of the FSTED Council is required by the bill to submit semiannual reports to FDOT relating to
seaport operations and their support of this state's economic competitiveness and supply chain. Each of these
reports must include information prescribed by DDOT and the Department of Commerce, including, but not limited
to:
Bulk break capacity,
Liquid storage and capacity,
Fuel storage and capacity,
Container capacity, and
Supply chain disruptions (Section 3)
Airport Operations and Funding
Private Airports of Public Interest
The bill defines a “private airport of public interest” as a private airport serving any of the following operations: air
ambulance operation,1 commercial air tour operation,2 commuter operation,3 on-demand operation,4 public charter
operation,5 scheduled operation,6 or supplemental operation.7 The bill requires a private airport of public interest
1 The bill defines “air ambulance operation” as a flight with a patient or medical personnel on board for the purpose of medical
transportation.
2 The bill defines “commercial air tour operation” as a flight conducted for compensation or hire in an aircraft when the
purpose of the flight is sightseeing.
3 The bill defines “commuter operation” as any scheduled operation conducted by a person operating an aircraft with a
frequency of operations of at least five round trips per week on at least one route between two or more points according to the
published flight schedule.
4 The bill defines “on-demand operation” as any scheduled passenger-carrying operation for compensation or hire conducted
by a person operating an aircraft with a frequency of operations of fewer than five round trips per week on at least one route
between two or more points according to the published flight schedule.
5 The bill defines “public charter operation” as a one-way or round-trip charter flight performed by one or more direct air
carriers which is arranged and sponsored by a charter operator.
6 The bill defines “scheduled operation” as any common carriage passenger-carrying operation for compensation or hire
conducted by an air carrier or commercial operator for which the certificateholder or its representative offers in advance the
departure location, departure time, and arrival location.
7 The bill defines “supplemental operation” as any common carriage operation for compensation or hire conducted with an
aircraft for which the departure time, departure location, and arrival location are specifically negotiated with the customer or
customer's representative.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
to obtain a certificate from FDOT before allowing aircraft operations. FDOT may issue a certificate if FDOT finds
after a final inspection that the airport is in compliance with all requirements for a certificate. The certificate may
be subject to any reasonable conditions FDOT deems necessary to protect the public health, safety, or welfare.
A private airport that was engaged in operations associated with a private airport of public interest on or before
July 1, 2025, may continue its operations but must obtain a certificate from FDOT before July 1, 2030. A certificate
issued to a private airport of public interest expires five years after its effective date. (Sections 5, 6).
Advanced Air Mobility
The bill requires FDOT, within the resources provided in ch. 216, F.S, to carry out specific tasks related to the
adoption of advanced air mobility (AAM) as a new mode of transportation. Specifically, the bill requires DOT to:
Address the need for vertiports, AAM, and other advances in aviation technology in the statewide aviation
plan and, as appropriate, in FDOT’s work program.
Designate a subject matter expert on AAM within FDOT to serve as a resource for local jurisdictions
navigating advances in aviation technology.
Conduct a review of airport hazard zone regulations.
Work with the Department of Commerce to provide coordination and assistance for the development of a
viable AAM system in the state and incorporate these plans in the statewide aviation system plan to
develop and identify the statewide corridors of need and opportunities for growth of the industry. (Section
13)
The bill modifies the existing definitions of “aircraft” and “airport” and defines new terms8 to account for the
operations and infrastructure associated with AAM. The bill modifies the definition of “aircraft” to specifically
include an airplane, autogyro, glider, gyrodyne, helicopter, lift and cruise, multicopter, paramotor, powered lift,
seaplane, tiltrotor, ultralight, or vectored thrust. The bill modifies the definition of “airport” to specifically include
an airpark, airport, gliderport, heliport, helistop, seaplane base, ultralight flightpark, vertiport, or vertistop.
(Section 5)
Florida Airport Development and Accountability Act
The bill renames the Florida Airport Development and Assistance Act as the Florida Airport Development and
Accountability Act (the Act). (Section 8)
Use of Airport Property During State of Emergency
As an exception to provisions of the Act that specifically prohibit FDOT from participating in or exercising control
in the management and operation of a sponsor's airport, the bill requires that an airport must provide FDOT, at no
cost, the opportunity to use any property not within the air navigation facility9 for the staging of equipment and
personnel to support emergency preparedness and response operations during a declared state of emergency
issued by the Governor in response to a natural disaster. (Section 9)
FDOT Duties
The bill expands FDOT’s duties under the Act to include developing, promoting, and distributing supporting
information and education services, including, but not limited to, educational services which focus on the aviation
industry workforce’s retention and growth. (Section 10)
Administration and Funding of Airport Programs and Projects
8 See supra, notes 1-7.
9 An “air navigation facility” is any facility used in, available for use in, or designed for use in, aid of air navigation. Air
navigation facilities include airports, restricted landing areas, and any structures, mechanisms, lights, beacons, marks,
communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or
convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an
airport, or restricted landing area, and any combination of any or all of such facilities. S. 332.01(4), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
The bill requires each airport to submit annually to FDOT a comprehensive maintenance10 program report. At a
minimum, the report must include:
A schedule of inspections.
The locations being inspected.
Any probable cause for such inspection.
A list of the airport’s required needs.
Any remedial actions to be taken.
Any required follow-up inspections and maintenance.
The bill also requires airports to retain all records of materials and equipment used for the airport’s maintenance
and repair work.
The bill allows FDOT to withhold state funds from any of the airport’s capital expansion projects if it determines
that, based on the annual comprehensive maintenance program, there is evidence an airport has failed to perform
routine maintenance. The bill allows FDOT to withhold such funds until the airport corrects any deficiencies.
(Section 11)
The bill also adds the following project priorities for FDOT funding:
Terminal and parking expansion projects that increase the capacity of airports that provide commercial
service in counties with a population of 500,000 or less.
Projects that improve the safe and efficient operation of Florida airports.
Emerging technology, workforce development projects, and projects that benefit the strategic intermodal
system through intermodal connectivity.
The bill makes the following programs eligible to receive FDOT funding:
Projects performed by postsecondary education institutions which support the training of pilots, air traffic
control personnel, or aircraft maintenance technical personnel.
Programs that support the transition of honorably discharged military personnel to the aviation industry.11
Capital improvement programs that strategically position the state to maximize tourism opportunities.
Commercial Service Airports
The bill expands existing commercial service airport reporting requirements to include nonhub airports, as
classified by the Federal Aviation Administration.12 Based on data for 2023, Florida’s nonhub commercial service
airports include Daytona Beach International Airport, Gainesville Regional Airport, Melbourne International
Airport, Tallahassee International Airport, and Vero Beach Regional Airport.13
The bill provides that information relating to the operation of a commercial service airport which must be posted
on a website maintained by an airport’s governing body14 must remain on the website for 5 years or for as long as
the information is actively in use by the entity. The bill expands the information that must be posted by a
commercial service airport on its website to include copies of the airport’s current Airport Master Plan and the
immediately preceding Airport Master Plan. The bill requires that information related to employee positions and
pay rates must be updated quarterly on the website.
10 For purposes of this section, the bill provides that "maintenance" includes any preventive and regular or recurring work that
is necessary to preserve the airport infrastructure in good condition.
11 The bill provides that FDOT may match funds provided by the Department of Commerce for such programs.
12 A commercial service airport is classified as a “nonhub” airport if it receives less than 0.05 percent but more than 10,000 of
the annual U.S. commercial enplanements. See Federal Aviation administration, Airport Categories,
https://www.faa.gov/airports/planning_capacity/categories (last visited Mar. 22, 2025).
13 Federal Aviation Administration, CY 2023 Enplanements at All Commercial Service Airports,
https://www.faa.gov/airports/planning_capacity/passenger_allcargo_stats/passenger/cy23_commercial_service_enplanemen
ts (last visited Mar. 22, 2025).
14 The term “governing body” means the governing body of the county, municipality, or special district that operates a
commercial service airport. S. 332.075(1)(d), F.S. The bill provides that this term includes an appointed board or oversight
entity serving as the governing body on behalf of the county, municipality, or special district.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
The bill also expands the type of information that a commercial service airport must provide to FDOT each year to
include the most recent copy of the airport’s strategic plan or plans and contracts related to financial awards
received through federally funded grant programs for the preceding year.
The bill also requires commercial service airports to notify FDOT:
Within 48 hours after receiving a communication or directive from a federal agency with respect to
accommodating public health testing or the transfer of unauthorized aliens into the state.
As soon as reasonably possible, but no later than 48 hours after discovery, of incidents including, but not
limited to, those related to the safety of the public when traveling, potential breaches or security risks
associated with cybersecurity, or other issues of statewide concern as defined by FDOT.
Spaceport Infrastructure Investment
The bill expands DOT’s ability to fund spaceport discretionary capacity improvement projects by requiring projects
to meet only one, rather than all, of the existing criteria for funding, which include:
Important access and on-spaceport-territory space transportation capacity improvements are provided.
Capital improvements that strategically position the state to maximize opportunities in international trade
are achieved.
Goals of an integrated intermodal transportation system for the state are achieved.
Feasibility and availability of matching funds through federal, local, or private partners are demonstrated.
The bill authorizes FDOT, in consultation with Department of Commerce and the Department of Environmental
Protection to fund wastewater projects, stormwater projects, water capacity projects, or projects associated with
critical infrastructure facilities as defined in s. 692.201, F.S., within or outside the jurisdictional boundary of a
spaceport territory. The project must support aerospace or launch support facilities within an adjacent spaceport
territory boundary. The named departments must coordinate to maximize and optimize available funding for such
projects. (Section 7)
Noncompliance with Uniform System of Traffic Control Devices
The bill expands FDOT’s power to enforce compliance by public agencies with FDOT’s adopted uniform system of
traffic control devices. Currently, state funds for traffic control purposes may be withheld if a public body or official
is found to have installed a noncompliant traffic control device after the public agency has already been directed to
remove a noncompliant device or bring it into compliance. The bill provides that any state funds may be withheld
in this situation until the public body or official demonstrates to FDOT that it is in compliance. (Section 4)
Landscaping Requirements
The bill modifies requirements for the purchase of plant materials used for environmental quality, erosion control,
and beautification purposes (i.e., landscaping) as part of transportation construction projects. Specifically, the bill:
Provides that FDOT’s allocation of funds for landscaping (currently, at least 1.5% of the amount contracted
for construction projects) must be expanded to include a percentage of the total amount contracted for
existing maintenance projects to enhance the rights-of-way and arterial facilities15 of the state highway
system.16
Eliminates a prohibition on using such funds on projects that are limited to resurfacing of existing lanes.
Requires FDOT to develop standards for landscaping materials that are native to a specific region of this
state to reflect Florida's heritage and natural landscapes.
15 “Arterial road” means a route providing service which is relatively continuous and of relatively high traffic volume, long
average trip length, high operating speed, and high mobility importance. In addition, every United States numbered highway is
an arterial road. S. 334.03, F.S.
16 “State Highway System” means the interstate system and all other roads within the state which were under the jurisdiction
of the state on June 10, 1995, and roads constructed by an agency of the state for the State Highway System, plus roads
transferred to the state’s jurisdiction after that date by mutual consent with another governmental entity, but not including
roads so transferred from the state’s jurisdiction. These facilities are facilities to which access is regulated. S. 334.03, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
Requires that 0.5 percent of the total construction cost for a project over $500 million must be expended
for landscaping in the fiscal year in which the project is planned for construction and that the remaining 1
percent be expended over the next 5 fiscal years.
The bill exempts projects constructed under the Moving Florida Forward Infrastructure Initiative from these
funding requirements. (Section 14)
Access to and Use of the State Highway System
The bill provides that FDOT may modify or revoke an access permit for connection of a street, driveway, or other
facility to the state highway system if the connection would jeopardize the safety of the public or have a negative
impact on the operational characteristics of the highway. (Section 18)
The bill modifies the definition of “significant change” for purposes of establishing whether FDOT may require a
permit for such a change to a previously unpermitted connection to the State Highway System, require
modification of the connection, or modify or revoke an existing access permit. The modified definition includes
development of the land or an expansion of the size of the property. The bill also creates a definition for the term
“modification of a connection” as the “relocation, alteration, or closure of a connection.” (Section 17)
The bill prohibits camping on any portion of the right-of-way of the State Highway System but provides an
exception for persons actively navigating the Florida National Scenic Trail and who have obtained the associated
permits. (Section 23)
Surety Bonds for Construction or Maintenance Contracts
The bill authorizes FDOT to require, at the discretion of the FDOT Secretary, that the amount of a surety bond or
bonds for construction or maintenance contracts be less than the awarded contract price. Otherwise, the law
requires that a successful bidder for a construction or maintenance contract is required to provide a surety bond in
an amount equal to the awarded contract price, which may be split into incremental annual contract bonds for
multiyear maintenance contracts or into multiple contract or payment bonds in succession that align with each
phases of a phased design-build contract.17 (Section 21)
Small County Funding Assistance
The bill increases the maximum annual funding amount for the Small County Road Assistance Program from $25
million to $50 million beginning in fiscal year 2025-2026. The bill provides that the minimum annual funding
amount for the Small County Outreach Program is $50 million beginning in fiscal year 2025-2026. Funding for both
programs comes from the State Transportation Trust Fund (STTF). (Sections 25 and 26)
Strategic Intermodal System
The bill authorizes FDOT to make funds available each year, from existing work program revenues, that meet the
public purpose of providing increased capacity and enhanced capabilities to move and store transportation
infrastructure-related materials. The bill removes an existing requirement that FDOT make up to $20 million
available annually for such purposes (as well as for the purpose of moving and storing construction aggregate, as
provided in current law), instead providing that FDOT may make up to $20 million available for these purposes.
The bill makes this authority permanent. Applicants eligible for this type of project funding are seaports listed in s.
311.09, F.S., and rail lines and rail facilities.18 (Section 28)
The bill provides that funds allocated to a project that qualifies for the New Starts Transit Program in the current
fiscal year must be reallocated for the purpose of the Strategic Intermodal System for the next fiscal year if the
transit project will not be ready for production by June 30. The bill removes a provision of current law which
17 S. 337.18, F.S.
18 S. 339.651(3), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
provides that unallocated funds for the New Starts Transit Program remaining as of June 30, 2024, must be
reallocated for the purpose of the Strategic Intermodal System, with an expiration of June 30, 2026. (Section 29)
Jacksonville Transportation Authority (JTA)
The bill modifies the seven-member governing board of JTA as follows:
Eliminates the FDOT District 2 Secretary from the board.
Increases the number of Governor’s appointments from three to four, and provides that, of these four
members, one must be a City of Jacksonville resident and the remaining three must be residents of Clay
County, Duval County, or St. Johns County.
Provides that the three members appointed by the mayor of the City of Jacksonville must be residents and
qualified electors of Duval County.
The bill requires JTA to follow FDOT’s small business program and establish protocols and systems in accordance
with the statewide travel management system developed by the Department of Management Services (DMS), the
publication of employee salary and pay information on a DMS-maintained website, and the publication of certain
contract information on a website maintained by the state’s Chief Financial Officer.
Florida Transportation Academy
The bill creates the Florida Transportation Academy in order to prioritize the continued need for transportation
industry workforce development programs. The bill directs FDOT to work with state agencies, industry
organizations, and private sector businesses to support, promote, and sustain workforce development efforts of
the transportation sector.
Under the bill, FDOT may coordinate with all of the following entities:
The Department of Corrections to identify and create certification and training opportunities for nonviolent
inmates and create a process to allow the Department of Corrections to notify FDOT when a nonviolent
inmate who is seeking employment has received a scheduled release date.
The Department of Juvenile Justice and its educational partners to create certification and training
opportunities for eligible youth.
Veterans' organizations to encourage honorably discharged veterans to pursue opportunities within the
transportation industry, including, but not limited to, employment as pilots, mechanics, and air traffic
controllers.
The Department of Commerce, CareerSource Florida, and regional business communities, within and
outside of the transportation industry, to further understand recruitment and retention needs and job-
seeker pipelines.
The American Council of Engineering Companies and the Florida Transportation Builders Association to
optimize workforce recruitment and retention and assess the future needs of the transportation industry
and this state. (Section 16)
Prioritization of Small Businesses
The bill refocuses FDOT’s priorities on small businesses by consistently replacing language throughout the Florida
Transportation Code related to minority, socially and economically disadvantaged, and woman-owned business
enterprises with language favoring small businesses. (Sections 15, 19, 20, 22, 24, 27, 30, 32)
The bill requires FDOT to adopting rules to comply with requirements of 49 C.F.R. part 26 and applicable federal
law, which addresses participation by disadvantaged business enterprises in financial assistance programs under
the U.S. Department of Transportation. (Section 14)
With regard to FDOT’s authority to implement a business development program, the bill adjusts the definition for
“small business” to include businesses with yearly average gross receipts of less than $25 million for road and
bridge contracts and less than $10 million for professional and nonprofessional services contracts. (Section 19)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
The bill repeals sections of current law related to:
Participation by women, minorities, and socially and economically disadvantaged business enterprises in
the design, development, construction, maintenance, and operation of spaceports;
FDOT notice requirements for socially and economically disadvantaged business enterprises;
Penalties for individuals that fraudulently represents an entity as a socially and economically
disadvantaged business enterprise for purposes of qualifying for certification as such an enterprise under a
program of FDOT designed to assist socially and economically disadvantaged business enterprises in the
receipt of contracts with FDOT;
FDOT developing and implementing activities to encourage the participation of disadvantaged business
enterprises in the contracting process; and
Providing contracting opportunities and financial assistance to certified disadvantaged business
enterprises to remedy the effects of past economic disparity. (Section 32)
Repeals
The bill repeals provisions of current law related to high-occupancy-vehicle (HOV) lanes and obsolete provisions
related to the development of an electric vehicle charging stations master plan. (Section 32)
The bill updates cross references and makes conforming changes to reflect the provisions of the bill. (Sections 33,
34, 35, 36, 37, 38)
The bill has an effective date of July 1, 2025. (Section 39)
RULEMAKING:
The bill authorizes FDOT to adopt rules to comply with the requirements of 49 C.F.R. part 26 and applicable federal
law.
The bill modifies provisions related to surety bond requirements which FDOT has existing rulemaking authority to
implement under s. 337,18(1), F.S.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill creates additional funding opportunities for various projects under various programs. This funding
appears to be provided from existing resources.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
FDOT’s mission is to provide a safe statewide transportation system that promotes the efficient movement of
people and goods, supports the state’s economic competitiveness, prioritizes Florida’s environment and natural
resources, and preserves the quality of life and connectedness of the state’s communities.19
Organization of FDOT
The Secretary of FDOT is appointed by the Governor and subject to confirmation by the Senate. The Secretary may
appoint up to three assistant secretaries.20 Currently, these three assistant secretaries are the Assistant Secretary
19 FDOT, About DOT, https://www.fdot.gov/agencyresources/aboutfdot.shtm (last visited Mar. 23, 2025).
20 S. 20.23(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
for Engineering and Operations, the Assistant Secretary for Finance and Administration, and the Assistant
Secretary for Strategic Development.21
The Secretary may appoint positions at the level of deputy assistant secretary or director which the Secretary
deems necessary to accomplish FDOT’s mission and goals, including, but not limited to, specified areas of program
responsibility.22 The Secretary may combine, separate, or delete these offices as needed in consultation with the
Executive Office of the Governor.23
Florida Transportation Commission
The FTC was created in 1987 to serve as an oversight board for FDOT. This oversight also includes Florida's
expressway authorities and regional transportation authorities. In addition, its primary functions include
reviewing major transportation policy initiatives or revisions and recommending major transportation policy to
the Governor and Legislature.24
The FTC is assigned to FDOT for administrative and fiscal purposes, but functions independently of the control and
direction of FDOT.25
The FTC is composed of nine Commissioners appointed by the Governor and confirmed by the Florida Senate for
four-year terms. Members must be appointed in a manner that equitably represents all geographic areas of the
state. Each member must be a registered voter and a citizen of the state and must possess business managerial
experience in the private sector.26 Members may not have any interest, direct or indirect, in any contract, franchise,
privilege, or other benefit granted or awarded by FDOT during the term of his or her appointment and for two
years after the termination of such appointment.27
Standard of Conduct for Public Officers
Part III of chapter 112, F.S., establishes a code of ethics for public officers and employees. Generally, this code
prohibits public officers from soliciting or accepting anything of value to influence a vote or official action, using
their official position to secure a special benefit, disclosing or using non-public information for personal benefit,
soliciting gifts from lobbyists, and soliciting an honorarium from anyone or accepting an honorarium from a
lobbyist. This code also establishes restrictions on public officers from doing business with one’s own agency,
having outside employment or contractual relationships that conflict with public duties, representing any party
before one’s agency for compensation for a specified time after leaving office, and employing relatives in the
agency. Finally, this code requires that public officers to disclose voting conflicts when a vote would result in a
special private gain or loss, file quarterly reports for certain gifts, file quarterly reports for receipt of honorarium
related expenses from lobbyists, and disclose certain financial interests.28
Florida Seaport Transportation and Economic Development Program and Council
Section 311.07, F.S, creates the Florida Seaport Transportation and Economic Development (FSTED) Program
within FDOT to finance port transportation or port facilities projects that will improve the movement and
intermodal transportation of cargo or passengers in commerce and trade and support the interests, purposes, and
requirements of each of the ports of Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm Beach, Port
21 FDOT, Meet the Secretary and Executive Team, https://www.fdot.gov/info/moredot/mission.shtm (last visited Mar. 23,
2025).
22 These areas of program responsibility are listed in s. 20.23(3)(b), F.S.
23 s. 20.23(3)(b), F.S.
24 Florida Transportation Commission, About Us, http://www.ftc.state.fl.us/aboutus.shtm (last visited Mar. 23, 2025).
25 S. 20.23(2), F.S.
26 Id.
27 Id.
28 For a more thorough discussion of the Florida Code of Ethics for public officers and employees, see Florida Commission on
Ethics, Guide to the Sunshine Amendment and Code Of Ethics for Public Officers and Employees,
https://ethics.state.fl.us/Documents/Publications/GuideBookletInternet.pdf (last visited Mar. 23, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
10
Everglades, Miami, Port Manatee, St. Petersburg, Putnam County, Tampa, Port St. Joe, Panama City, Pensacola, Key
West, and Fernandina.29
The FSTED Council30 staff, the FDOT, and the Florida Department of Commerce work in cooperation to review
projects and allocate funds such that approved projects may be included in the annual development of the FDOT’s
tentative work program.31 Generally, FSTED Program funds must be used to fund approved projects on a 50-50
matching basis with the specified ports. However, projects that involve rehabilitation of wharves, docks, berths,
bulkheads, or similar structures require only a 25 percent match.32
Projects eligible for FSTED grant funding are limited to the following port facilities or port transportation
projects:33
Transportation facilities within the jurisdiction of the port.
Dredging or deepening of channels, turning basins, or harbors.
Construction or rehabilitation of wharves, docks, structures, jetties, piers, storage facilities, cruise
terminals, automated people mover systems, or any facilities necessary or useful in connection with any of
the foregoing.
Acquisition of vessel tracking systems, container cranes, or other mechanized equipment used in the
movement of cargo or passengers in international commerce.
Acquisition of land to be used for port purposes.
Acquisition, improvement, enlargement, or extension of existing port facilities.
Environmental protection projects which are necessary because of requirements imposed by a state agency
as a condition of a permit or other form of state approval; which are necessary for environmental
mitigation required as a condition of a state, federal, or local environmental permit; which are necessary
for the acquisition of spoil disposal sites and improvements to existing and future spoil sites; or which
result from the funding of eligible projects listed in this paragraph.
Transportation facilities34 which are not otherwise part of the FDOT’s adopted work program.
Intermodal access projects.
Construction or rehabilitation of port facilities,35 excluding any park or recreational facilities, with
operating revenues of $5 million or less, provided that such projects create economic development
opportunities, capital improvements, and positive financial returns to such ports.
Seaport master plan or strategic plan development or updates, including the purchase of data to support
such plans.
A minimum of $25 million annually must be made available from the State Transportation Trust Fund within the
FDOT to fund the FSTED Program,36 and the FDOT is required to include at least $25 million in its annual legislative
budget request for the program.37
29
S. 311.09(1), F.S.
30
The FSTED Council consists of the port directors (or their designees), the FDOT secretary or designee, and the Florida Department
of Commerce secretary or designee. S. 311.09(1), F.S.
31
S. 311.07(2), F.S. Essentially, as the first year of the annually-adopted five-year work program is completed, the second year
becomes the first year of the next adopted five-year work program, and a new fifth year is added based on projects in the tentative
work program, which is the 5-year listing of all transportation projects planned for each fiscal year, developed by the FDOT central
office based on the district work programs. S. 339.135, F.S.
32
S. 311.07(3), F.S.
33 S. 311.07(3)(b), F.S.
34
Meaning any means for the transportation of people or property from place to place which is constructed, operated, or maintained in
whole or in part from public funds. The term includes the property or property rights, both real and personal, which have been or may
be established by public bodies for the transportation of people or property from place to place. S. 334.03(30), F.S.
35 Defined to mean harbor, shipping, and port facilities, and improvements of every kind, nature, and description, including, but
without limitation, channels, turning basins, jetties, breakwaters, public landings, wharves, docks, markets, parks, recreational
facilities, structures, buildings, piers, storage facilities, including facilities that may be used for warehouse, storage, and distribution of
cargo transported or to be transported through an airport or port facility, specified security measures, public buildings and plazas,
anchorages, utilities, bridges, tunnels, roads, causeways, and any and all property and facilities necessary or useful in connection with
the foregoing, and any one or more or any combination thereof and any extension, addition, betterment, or improvement of any
thereof. S.315.02(6), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
11
The FSTED Council is a public entity created by statute and charged with carrying out the state’s economic
development mission through implementation of seaport capital improvement projects at the local level. The
FSTED Council consists of the port directors of the 16 publicly owned seaports (or his/her designees), the FDOT
secretary or designee, and the Florida Department of Commerce secretary or designee.38
Under current law, the FSTED Council is required to prepare a 5-year Florida Seaport Mission Plan defining the
goals and objectives of the council concerning the development of port facilities and an intermodal transportation
system consistent with the goals of the Florida Transportation Plan.39
Certification of Airports
Under Florida law, an owner or lessee of a proposed airport must, before site acquisition or construction or
establishment of the proposed airport, obtain approval of the airport site from FDOT. Applications for approval of a
site are made in a form and manner prescribed by FDOT.40
If the airport is public, then site approval must be granted after a favorable FDOT inspection of the proposed site.41
If the airport is a private entity, then no inspection of the proposed site is required in order to receive approval.42
Site approval may be granted subject to any reasonable conditions FDOT deems necessary to protect the public
health, safety, or welfare.43
Approval as a public airport or a private airport must remain valid for 2 years after the date of issue unless
revoked by FDOT or unless a public airport license is issued or a private airport registration is completed before
the expiration date.44
FDOT must issue a license for a public airport if such airport was granted site approval and passes a final airport
inspection by FDOT that determines if the airport is in compliance with all requirements for the license. The license
may be subject to any reasonable conditions FDOT deems necessary to protect the public health, safety, or
welfare.45
FDOT must issue a license for a private airport if such airport was granted site approval and completes the
registration process. Registration must be completed upon self-certification by the registrant of operational and
configuration data deemed necessary by FDOT.46
Advanced Air Mobility
Advanced Air Mobility (AAM) is an umbrella term for aircraft that are typically highly automated, electrically
powered, and have vertical take-off and landing capability. Many of these aircraft fall into the powered-lift category
and are often referred to as air taxis. As powered-lift aircraft, they have characteristics of both airplanes and
helicopters. Their vertical take-off and landing capabilities and low speed flight are similar to a helicopter, while
36
S. 311.07(2), F.S. These funds are in addition to the annual appropriation of $15M in license tag fees to the FSTED Program
required under s. 320.20, F.S., and in addition to any amounts not used for the payment of bonds from the annual $10 million to be
used for any seaport project identified in the FDOT’s adopted work program, known as the Seaport Investment Program, per section
339.0801(1)(f), F.S. The latter funding began in 2013-2014 and is currently required for 30 years thereafter.
37
S. 311.09(9), F.S.
38 S. 311.09(1), F.S.
39 S. 311.09(3), F.S.
40 S. 330.30(1)(a), F.S.
41 S. 330.30(1)(b), F.S.
42 S. 330.30(1)(c), F.S.
43 S. 330.30(1)(f), F.S.
44 S. 330.30(1)(g), F.S.
45 S. 330.30(2)(a), F.S.
46 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
12
they fly using a wing during cruise flight similar to an airplane. AAM aircraft could be used to transport cargo and
passengers, help with firefighting, and provide search and rescue operations.47
Florida Airport Development and Assistance Act
The Florida Airport Development and Assistance Act sets forth a number of duties and responsibilities of the FDOT,
including, but not limited to:
Providing coordination and assistance for the development of a viable aviation system.
Advising and assisting the Governor in all aviation matters.
Providing financial and technical assistance to public agencies operating public-use airports48 by making
resources available on a cost-reimbursement basis to such agencies for special needs of limited duration.
Participating in research and development programs relating to airports.
Administering FDOT’s participation in the program of aviation and airport grants.
Developing, promoting, and distributing supporting information and education services.
Encouraging the maximum allocation of federal funds to local airports in the state.
Administration and Funding of Airport Programs and Projects
Current law requires FDOT to continuously update an aviation and airport work program based on a collection of
local sponsors’49 proposed projects to be included in FDOT’s work program. The airport work program must
separately identify “development projects”50 and “discretionary capacity improvement projects.”51 The aviation
and airport work program must be consistent with the statewide aviation system plan52 and, to the maximum
extent feasible, with approved local government comprehensive plans. Projects involving funds administered by
FDOT to be undertaken and implemented by the airport sponsor must be included in the aviation and airport work
program, and assistance may only be provided for projects which are so included.53
The annual legislative budget request for aviation and airport development projects must be based on the funding
required for development projects in the aviation and airport work program. FDOT must provide priority funding
in support of the planning, design, and construction of proposed projects by local sponsors, with special emphasis
47 FAA, Advanced Air Mobility | Air Taxis, https://www.faa.gov/air-taxis (last visited Mar. 23, 2025).
48 Section 332.004(14), F.S., defines the term “public-use airport” as any publicly owned airport which is used or to be used for
public purposes.
49 Section 332.004(15), F.S., defines the term “sponsor” as any eligible agency which, either individually or jointly with one or
more eligible agencies, submits to FDOT an application for financial assistance for an airport development project. Federal
funding of individual local airport projects is wholly between the local airport sponsors and the appropriate federal agencies;
however, FDOT is authorized to receive federal grants for statewide projects when no local sponsor is available. S. 332.007(1),
F.S.
50 Section 332.004(4), F.S., defines the term “airport or aviation development project” or “development project” to mean any
activity associated with the design, construction, purchase, improvement, or repair of a public-use airport or portion thereof,
including, but not limited to: the purchase of equipment; the acquisition of land, including land required as a condition of a
federal, state, or local permit or agreement for environmental mitigation; off-airport noise mitigation projects; the removal,
lowering, relocation, marking, and lighting of airport hazards; the installation of navigation aids used by aircraft in landing at
or taking off from a public airport; the installation of safety equipment required by rule or regulation for certification of the
airport under s. 612 of the Federal Aviation Act of 1958, and amendments thereto; and the improvement of access to the
airport by road or rail system which is on airport property and which is consistent, to the maximum extent feasible, with the
approved local government comprehensive plan of the units of local government in which the airport is located.
51 Section 332.004(5), F.S., defines the term “airport or aviation discretionary capacity improvement projects” or
“discretionary capacity improvement projects” to mean capacity improvements which are consistent, to the maximum extent
feasible, with the approved local government comprehensive plans of the units of local government in which the airport is
located, and which enhance intercontinental capacity at airports which: are international airports with United States Bureau of
Customs and Border Protection; had one or more regularly scheduled intercontinental flights during the previous calendar
year or have an agreement in writing for installation of one or more regularly scheduled intercontinental flights upon the
commitment of funds for stipulated airport capital improvements; and have available or planned public ground transportation
between the airport and other major transportation facilities.
52 Pursuant to s. 332.006, F.S., FDOT is required to develop and periodically update a statewide aviation system plan that
summarizes 5-year, 10-year, and 20-year airport and aviation needs within the state.
53 S. 332.007(1)-(3), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
13
on projects for runways and taxiways, including the painting and marking of runways and taxiways, lighting, other
related airside activities, and airport access transportation facility projects on airport property.54
No single airport may receive airport or aviation development project funds in excess of 25 percent of the total
airport or aviation development project funds available in any given budget year. However, any airport which
receives discretionary capacity improvement project funds in a given fiscal year may not receive greater than ten
percent of total aviation and airport development project funds appropriated in that fiscal year.55
Commercial Service Airports
Each governing body that operates a commercial service airport must establish and maintain a website to post
information relating to the operation of a commercial service airport, including:
All published notices of meetings and published meeting agendas of the governing body.
The official minutes of each meeting of the governing body, which shall be posted within 7 business days
after the date of the meeting in which the minutes were approved.
The approved budget for the commercial service airport for the current fiscal year, which shall be posted
within 7 business days after the date of adoption. Budgets must remain on the website for 2 years after the
conclusion of the fiscal year for which they were adopted.
A link to the Airport Master Plan for the commercial service airport on the commercial service airport’s
website.
A link to all financial and statistical reports for the commercial service airport on the FAA’s website.
Any contract or contract amendment for the purchase of commodities or contractual services executed by
or on behalf of the commercial service airport in excess of a specified threshold amount, which must be
posted no later than 7 business days after the commercial service airport executes the contract or contract
amendment, provided that a contract or contract amendment may not reveal information made
confidential or exempt by law.
Position and rate information for each employee of the commercial service airport, including, at a
minimum, the employee’s position title, position description, and annual or hourly salary. This information
shall be updated annually.56
Each November 1, the governing body of each commercial service airport must submit the following information to
FDOT:
Its approved budget for the current fiscal year.
Any financial reports submitted to the FAA during the previous calendar year.
A link to its website.
A verified statement that it has complied with part III of chapter 112, F.S., chapter 287, F.S., and the
requirements of s. 332.0075, F.S.57
FDOT may not expend any funds allocated to a commercial service airport as contained in the adopted work
program, unless pledged for debt service, until the commercial service airport demonstrates its compliance with
these requirements and others in s. 332.0075, F.S.58
Strategic Space Infrastructure Investment
Under s. 331.371, F.S., FDOT is authorized to, in consultation with Space Florida,59 fund spaceport discretionary
capacity improvement projects60 at up to 100 percent of the project’s cost if:
54 S. 332.007(4)(a), F.S.
55 S. 332.007(4)(c), F.S.
56 S. 332.0075(2), F.S.
57 S. 332.075(5), F.S.
58 S. 332.075(6), F.S.
59 Section 331.302, F.S., establishes Space Florida as an independent special district, a body politic and corporate, and a
subdivision of the state, to foster the growth and development of a sustainable and world-leading aerospace industry in this
state. Space Florida Promotes aerospace business development by facilitating business financing, spaceport operations,
research and development, workforce development, and innovative education programs.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
14
Important access and on-spaceport-territory space transportation capacity improvements are provided;
Capital improvements that strategically position the state to maximize opportunities in international trade
are achieved;
Goals of an integrated intermodal transportation system for the state are achieved; and
Feasibility and availability of matching funds through federal, local, or private partners are demonstrated.61
Uniform System of Traffic Control Devices
FDOT is required by Florida law to adopt a uniform system of traffic control devices for use on the streets and
highways of the state.62 To meet this requirement, it has adopted the U.S. Department of Transportation, Federal
Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD).63 The MUTCD is a compilation of
national standards for all traffic control devices, including road markings, highway signs, and traffic signals. The
MUTCD defines the standards used by road managers nationwide to install and maintain traffic control devices on
all public streets, highways, bikeways, and private roads open to public travel.
Upon receipt and investigation of reported noncompliance with the MUTCD, FDOT is authorized to require
removal of noncompliant devices. FDOT may withhold state funds for traffic control purposes if additional
violations by a public body or official occur, until such violations are remedied.64
Landscaping Requirements
FDOT is required to provide for the enhancement of environmental benefits, including air and water quality, to
prevent roadside erosion, to conserve the natural roadside growth and scenery, and to provide for the
implementation and maintenance of roadside conservation, enhancement, and stabilization programs.65
To this end, Florida law requires that at least 1.5 percent of the amount contracted for construction projects must
be allocated by FDOT on a statewide basis for the purchase of plant materials.66 To the greatest extent practical, at
least 50 percent of the funds allocated for the purchase of plant materials must be allocated for large plant
materials and the remaining funds for other plant materials. Except as prohibited by applicable federal law or
regulation, all plant materials must be purchased from Florida commercial nursery stock in this state on a uniform
competitive bid basis. FDOT must develop grades and standards for landscaping materials purchased through this
process.67
FDOT districts may not expend funds for landscaping in connection with any project that is limited to resurfacing
existing lanes unless the expenditure has been approved by the FDOT Secretary or designee.68
Moving Florida Forward Infrastructure Initiative
In 2023, the Legislature passed the Moving Florida Forward Infrastructure Initiative. As part of the Initiative, FDOT
identified a selection of critical needs on state-owned roadways. Additionally, FDOT identified previously approved
projects with broad community support that only lacked funding to begin construction. Due to Florida’s sound
fiscal health, $4 billion from the General Revenue Surplus has been dedicated to the Initiative to advance
60 Section 331.303(18), F.S., defines “spaceport discretionary capacity improvement projects” as capacity improvements that
enhance space transportation capacity at spaceports or on spaceport territory.
61 S. 331.371, F.S.
62 S. 316.0745(1), F.S.
63 R. 14-15.010, F.A.C.
64 S. 316.0745(7), F.S.
65 S. 334,044(26), F.S.
66 Id.
67 Id.
68 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
15
construction on these projects to address congestion, improve safety, ensure the resiliency of the transportation
network, and enhance Florida’s supply chain and economic growth.69
Small County Road Assistance Program
The Small County Road Assistance Program assists small county governments in resurfacing and reconstructing
county roads.70 Up to $25 million annually is available to be allocated for funding this program.71 Available funds
are allocated to FDOT’s districts based on the number of eligible counties.72
For purposes of this program, the term “small county” means any county that has a population of 75,000 or less
according to the 1990 Federal census data. Small counties are eligible to compete for funds that have been
designated to the program for resurfacing or reconstruction projects on county roads that were part of the county
road system on June 10, 1995. Capacity improvements on county roads are not eligible for funding under the
program.73
Small County Outreach Program
The Small County Outreach Program assists small county governments in repairing or rehabilitating county
bridges, paving unpaved roads, addressing road-related drainage improvements, resurfacing or reconstructing
county roads, or constructing capacity or safety improvements to county roads.74 Available funds are allocated to
FDOT’s districts based on the number of eligible counties.75
For purpose of this program, the term “small county” means any county that has a population 200,000 or less as
determined by the most recent official estimate pursuant s . 186.901, F.S. Small counties are eligible to compete for
funds that have been designated for the program for projects on county roads. FDOT must fund 75% of the cost of
projects on county roads funded under the program.76 Any initial bid costs or project overruns that exceed FDOT’s
participation are at the county’s expense.77
Strategic Intermodal System
The Strategic Intermodal System (SIS) is Florida’s high priority network of transportation facilities important to
the state's economy and mobility. The SIS was established in 2003 to focus the state's limited transportation
resources on the facilities most significant for interregional, interstate, and international travel. The SIS is the
state's highest priority for transportation capacity investments and a primary focus for implementing the Florida
Transportation Plan (FTP), the state's long-range transportation vision and policy plan.78
Jacksonville Transportation Authority
The Jacksonville Transportation Authority (JTA) is created as an agency of the state to serve the Jacksonville, Duval
County, metropolitan area.79 JTA designs and constructs bridges and highways and provides varied mass transit
services. These include express and regular bus service, community shuttles for a neighborhood ride, a downtown
69 FDOT, Moving Florida Forward Infrastructure Initiative, https://www.fdot.gov/movingfloridaforward/landing (last visited
Mar. 23, 2025).
70 S. 339.2816, F.S.
71 Id.
72 FDOT, Small County Road Assistance Program, https://www.fdot.gov/programmanagement/LP/SCRAP/Default.shtm (last
visited Mar. 23, 2025).
73 S. 339.2816, F.S.
74 S. 339.2818, F.S.
75 FDOT, Small County Outreach Program, https://www.fdot.gov/programmanagement/lp/scop/default.shtm (last visited Mar.
23, 2025).
76 S. 339.2818, F.S.
77 Supra, note 75.
78 FDOT, Florida's Strategic Intermodal System (SIS), https://www.fdot.gov/planning/systems/sis (last visited Mar. 23, 2025).
79 See ch. 349, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
16
Skyway monorail, the St. Johns River Ferry, the Gameday Xpress for various sporting events at Everbank Stadium,
Paratransit for the disabled and elderly, and Ride Request on-demand services.80
JTA’s governing body consists of seven members. Three members are appointed by the Governor and confirmed by
the Senate. Three members are appointed by the mayor of the City of Jacksonville subject to confirmation by the
council of the City of Jacksonville. The seventh member is the district secretary of the Department of
Transportation serving in the district that contains the City of Jacksonville. Except for the seventh member,
members must be residents and qualified electors of Duval County.81
Small, Minority, Woman-Owned, and Disadvantaged Businesses in the Florida Transportation Code
Under current law, the Florida Transportation Code contemplates practices supporting minority and
disadvantaged businesses in the following ways:
The Florida Transportation Commission is required to measure and assess the performance of FDOT in
disadvantaged business enterprise and minority business programs.82
FDOT is required to give consideration to disadvantaged business enterprises when considering bids of
qualified contractors.83
FDOT and the Department of Management Services are required to implement an outreach program
designed to enhance participation of minority persons and minority business enterprises in all contracts
entered into for services related to the FDOT projects for the Strategic Intermodal System Plan developed
under s. 339.64, F.S.84
FDOT must ensure that small and minority businesses have equal access to participate in economic
development transportation projects under s. 339.2821, F.S.85
The Central Florida Expressway Authority is required to encourage the inclusion of local, small, minority,
and women-owned businesses in procuring and contracting opportunities.86
Space Florida is required to involve and utilize women, minorities, and socially and economically
disadvantaged business enterprises in all phases of the design, development, construction, maintenance,
and operation of spaceports.87
FDOT must provide socially and economically disadvantaged business enterprises with certain notices with
regard to contracting practices.88
Penalties are provided for during the contracting process with FDOT when an individual that fraudulently
represents an entity as a socially and economically disadvantaged business enterprise for purposes of
qualifying for certification as such an enterprise under a program of FDOT designed to assist socially and
economically disadvantaged business enterprises in the receipt of contracts with FDOT for the provision of
goods or services.89
FDOT must develop and implement activities to encourage the participation of disadvantaged business
enterprises in the contracting process.90
FDOT must provide contracting opportunities to certified disadvantaged business enterprises and expend
funds in a way that provides such business enterprises with financial assistance in the form of bond
guarantees, to primarily remedy the effects of past economic disparity.91
Under current law, FDOT is authorized to implement a business development program for highway projects which
would assist small businesses.92 For the purpose of this program, “small business” is defined as a business with
80 Jacksonville Transportation Authority, About JTA, https://www.jtafla.com/about-jta/ (last visited Mar. 23, 2025).
81 S. 349.03(2), F.S.
82 S. 334.045(1)(f), F.S.
83 S. 337.11(6)(c), F.S.
84 S. 338.27(4), F.S.
85 S. 339.2821(3)(b), F.S.
86 S. 348.754(5), F.S.
87 S. 331.351, F.S.
88 S. 337.125, F.S.
89 S. 337.135, F.S.
90 S. 337.139, F.S.
91 S. 339.0805, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
17
yearly average gross receipts of less than $15 million for road and bridge contracts and less than $6.5 million for
professional and nonprofessional services contracts. A business’ average gross receipts is determined by averaging
its annual gross receipts over the last 3 years, including the receipts of any affiliate as defined in s. 337.165, F.S.93
High-Occupancy Vehicle Lanes
Section 316.0741, F.S., lays out the guidelines for HOV lanes, which are generally meant for vehicles in which there
is more than one occupant. Current law authorizes inherently low-emission vehicles and hybrid vehicles to use the
HOV lanes under specified circumstances and requires all hybrid and other low-emission and energy-efficient
vehicles that do not meet the minimum occupancy requirement and are driven in an HOV lane to comply with
federally mandated minimum fuel economy standards.94
Electric Vehicle Charging Stations Master Plan
In 2020, the Legislature directed FDOT, in consultation with the Public Service Commission and the Office of
Energy within the Department of Agriculture and Consumer Services, to develop and recommend a master plan for
current and future plans for the development of EV charging station infrastructure along the State Highway
System.95 The plan was completed and submitted by the July 1, 2021, deadline provided by the law.96 The law does
not require further action beyond submission of the plan.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IOrig. Comm.: Economic Keating Bauldree
Infrastructure Subcommittee
92 S. 337.027(1), F.S.
93 S. 337.027(2), F.S.
94 S. 316.0741, F.S.
95 Ch. 2020-21, s. 3, Laws of Fla., codified at s. 339.287, F.S.
96 FDOT, EV Infrastructure Master Plan, July 2021, https://fdotwww.blob.core.windows.net/sitefinity/docs/default-
source/emergingtechnologies/evprogram/fdotevmp.pdf?sfvrsn=b5888a_2 (last visited Mar. 23. 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1 A bill to be entitled
2 An act relating to transportation; amending s. 20.23,
3 F.S.; authorizing the Secretary of Transportation to
4 appoint certain officers; providing that such officers
5 maintain their Senior Management Service status;
6 providing legislative findings; creating and providing
7 membership of the Florida Transportation Research
8 Institute; requiring the Department of Transportation
9 to select an administrative lead for the Institute and
10 periodically assess his or her performance;
11 authorizing the Institute to award certain grants and
12 expend certain funds; providing for the appointment of
13 an executive director and establishing an executive
14 committee; requiring the Institute to provide
15 specified annual reports; requiring at least a
16 specified number of members of the Florida
17 Transportation Commission to represent or have
18 expertise in certain industries; authorizing the
19 commission to monitor certain transit entities;
20 requiring members of the commission to follow
21 specified standards of conduct; revising the
22 department's areas of program responsibility; removing
23 obsolete provisions; amending s. 311.07, F.S.; adding
24 projects eligible for funding under the Florida
25 Seaport Transportation and Economic Development
Page 1 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
26 Program; amending s. 311.09, F.S.; revising the
27 purpose of the Florida Seaport Transportation and
28 Economic Development Council; revising the Florida
29 Seaport Mission Plan; requiring council members to
30 submit specified reports; amending s. 316.0745, F.S.;
31 specifying that any state funds may be withheld under
32 certain circumstances; amending s. 330.27, F.S.;
33 revising and providing definitions; amending s.
34 330.30, F.S.; requiring a private airport of public
35 interest to obtain a specified certificate; providing
36 procedures for the issuance of, conditions for the
37 renewal of, and the expiration periods of such
38 certificates; grandfathering in certain airports, but
39 requiring such airports to obtain a certificate by a
40 specified date; amending s. 331.371, F.S.; authorizing
41 the department, in consultation with other entities,
42 to fund certain projects associated with critical
43 infrastructure facilities; amending s. 332.003, F.S.;
44 revising a short title; amending s. 332.005, F.S.;
45 requiring an airport to provide support to the
46 department during a declared state of emergency;
47 amending s. 332.006, F.S.; revising and providing
48 duties of the department; amending s. 332.007, F.S.;
49 requiring airports to submit an annual comprehensive
50 maintenance program report to the department;
Page 2 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
51 providing reporting requirements; defining the term
52 "maintenance"; requiring airports to retain certain
53 records; authorizing the department to withhold
54 certain state funds under certain circumstances;
55 requiring the department to provide priority funding
56 for certain projects and technology; authorizing the
57 department to fund certain projects at postsecondary
58 education institutions; authorizing the department to
59 fund, and match funds provided by the Department of
60 Commerce for, programs that help transition certain
61 military personnel to the aviation industry;
62 authorizing the Department of Transportation to fund
63 strategic airport investment projects to maximize
64 tourism opportunities; amending s. 332.0075, F.S.;
65 revising definitions; requiring certain information to
66 remain on a governing body's website for 5 years;
67 requiring certain information to be updated quarterly
68 rather than annually; revising the information that
69 certain governing bodies must submit to the
70 department; providing requirements for commercial
71 service airports; creating s. 332.15, F.S.; providing
72 requirements for the department relating to advanced
73 air mobility; amending s. 334.044, F.S.; revising
74 certain property and materials the department may
75 purchase, lease, or acquire; requiring certain funds
Page 3 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
76 to be annually allocated on a statewide basis;
77 removing the prohibition on the expenditure of funds
78 for certain landscaping without certain approval;
79 requiring the department to develop standards for
80 landscaping materials; requiring certain construction
81 projects to expend a certain percentage of funds in a
82 specified manner; providing an exemption; repealing
83 such exemption upon completion of certain projects;
84 authorizing the department to enter into contracts for
85 insurance; authorizing the department to purchase or
86 acquire heavy equipment and motor vehicles for certain
87 purposes; requiring the department to adopt rules;
88 amending s. 334.045, F.S.; conforming a provision to
89 changes made by the act; creating s. 334.62, F.S.;
90 providing legislative findings; creating the Florida
91 Transportation Academy for a specified purpose;
92 authorizing the department to work with certain
93 entities to support, promote, and sustain certain
94 workforce development efforts; authorizing the
95 department to coordinate with specified entities for
96 certain purposes; amending s. 335.182, F.S.; revising
97 the definition of the term "significant change";
98 defining the term "modification of a connection";
99 amending s. 335.187, F.S.; revising the conditions
100 under which the department may modify or revoke a
Page 4 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
101 permit; amending s. 337.027, F.S.; revising the
102 definition of the term "small business"; amending ss.
103 337.11 and 337.251, F.S.; conforming provisions to
104 changes made by the act; amending s. 337.18, F.S.;
105 authorizing the department to require the amount of
106 certain bonds to be less than a certain price;
107 amending s. 337.406, F.S.; providing an exception to
108 the prohibition of camping on any portion of the
109 right-of-way of the State Highway System; amending s.
110 338.227, F.S.; conforming a provision to changes made
111 by the act; providing applicability; amending s.
112 339.2816, F.S.; increasing the required funding for
113 the Small County Road Assistance Program; amending s.
114 339.2818, F.S.; revising the definition of the term
115 "small county"; authorizing specified funding to be
116 used to fund the Small County Outreach Program;
117 amending s. 339.2821, F.S.; conforming provisions to
118 changes made by the act; amending s. 339.651, F.S.;
119 authorizing, rather than requiring, the department to
120 make certain funds available each year for certain
121 projects; removing a scheduled repeal; amending s.
122 341.051, F.S.; requiring the department to reallocate
123 certain funds under certain circumstances; amending s.
124 348.754, F.S.; conforming a provision to changes made
125 by the act; amending s. 349.03, F.S.; providing
Page 5 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
126 appointment procedures for the governing body of the
127 Jacksonville Transportation Authority; providing
128 requirements for the authority; repealing ss.
129 316.0741, 331.351, 337.125, 337.135, 337.139,
130 339.0805, and 339.287, F.S., relating to high-
131 occupancy-vehicle lanes; participation by women,
132 minorities, and socially and economically
133 disadvantaged business enterprises; notice
134 requirements for socially and economically
135 disadvantaged business enterprises; penalties for
136 false representation of socially and economically
137 disadvantaged business enterprises; awarding contracts
138 to disadvantaged business enterprises; funds to be
139 expended with certified disadvantaged business
140 enterprises, the construction management development
141 program, and the bond guarantee program; and
142 infrastructure plan development for electric vehicle
143 charging stations, respectively; amending ss. 110.205,
144 322.27, 365.172, 379.2293, 493.6101, and 493.6403,
145 F.S.; conforming cross-references; providing an
146 effective date.
147
148 Be It Enacted by the Legislature of the State of Florida:
149
150 Section 1. Subsections (2) through (6) of section 20.23,
Page 6 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
151 Florida Statutes, are renumbered as subsections (3) through (7),
152 respectively, paragraph (d) of subsection (1), paragraphs (a),
153 (b), and (g) of present subsection (2), and paragraph (b) of
154 present subsection (3) are amended, and a new subsection (2) is
155 added to that section, to read:
156 20.23 Department of Transportation.—There is created a
157 Department of Transportation which shall be a decentralized
158 agency.
159 (1)
160 (d) The secretary may appoint up to three assistant
161 secretaries who shall serve as the Chief Operations Officer,
162 Chief Finance and Administration Officer, and Chief Strategic
163 Development Officer; be directly responsible to the secretary;
164 and who shall perform such duties as are assigned by the
165 secretary. The secretary may also appoint an Executive Director
166 of Transportation Technology. These assistant secretaries and
167 the Executive Director of Transportation Technology shall
168 maintain their Senior Management Service status and are exempt
169 from career service under s. 110.205(2). The secretary shall
170 designate to an assistant secretary the duties related to
171 enhancing economic prosperity, including, but not limited to,
172 the responsibility of liaison with the head of economic
173 development in the Executive Office of the Governor. Such
174 assistant secretary shall be directly responsible for providing
175 the Executive Office of the Governor with investment
Page 7 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
176 opportunities and transportation projects that expand the
177 state's role as a global hub for trade and investment and
178 enhance the supply chain system in the state to process,
179 assemble, and ship goods to markets throughout the eastern
180 United States, Canada, the Caribbean, and Latin America. The
181 secretary may delegate to any assistant secretary the authority
182 to act in the absence of the secretary.
183 (2) The Legislature finds that the transportation industry
184 is critical to the economic future of this state and that the
185 competitiveness of the industry in this state depends upon the
186 development and maintenance of a qualified workforce and
187 cutting-edge research and innovation. The Legislature further
188 finds that the transportation industry in this state has varied
189 and complex workforce needs ranging from technical and
190 mechanical training to continuing education opportunities for
191 workers with advanced degrees and certifications. The timely
192 need also exists for coordinated research and innovation efforts
193 to promote emerging technologies and innovative construction
194 methods and tools and to address alternative funding mechanisms.
195 (a) The Florida Transportation Research Institute (the
196 Institute) is created as a consortium of higher education
197 professionals to drive cutting-edge research, innovation,
198 transformational technologies, and breakthrough solutions and to
199 support workforce development efforts that contribute to this
200 state's transportation system.
Page 8 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
201 (b) The Institute shall report to the department and
202 include membership from the University of Florida, Indian River
203 State College, the University of Central Florida, and Florida
204 International University.
205 (c) The department shall select a representative from one
206 of the entities referenced in paragraph (b) to serve as the
207 administrative lead for the Institute. The department shall
208 assess the performance of the administrative lead periodically
209 to ensure accountability and assess the attainment of
210 performance expectations.
211 (d) The Institute may award grants in alignment with its
212 mission of furthering research and innovation and supporting
213 workforce development in this state to support the needs of the
214 transportation industry. Such grants may be directed to member
215 and nonmember institutions that have a proven expertise relevant
216 to the grant, including not-for-profit organizations and
217 institutions of higher education.
218 (e) The Institute may expend state funds as allocated by
219 the department from the State Transportation Trust Fund. Annual
220 funding may be expended for the Institute's operations and
221 programs to support research and innovation projects that
222 provide solutions to this state's transportation needs.
223 (f) The secretary shall appoint a member of the department
224 to serve as the executive director of the Institute. The
225 department shall coordinate with the entities referenced in
Page 9 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
226 paragraph (b) to adopt and approve additional policies
227 establishing the Institute's executive committee and mission
228 statement.
229 (g) The Institute shall submit an annual report to the
230 Office of the Secretary and the commission containing
231 performance metrics, including, but not limited to, expenditures
232 of appropriated funds provided by the department, ongoing and
233 proposed research efforts, and the application and success of
234 past research efforts.
235 (3)(2)(a)1. The Florida Transportation Commission is
236 hereby created and shall consist of nine members appointed by
237 the Governor subject to confirmation by the Senate. Members of
238 the commission shall serve terms of 4 years each.
239 2. Members shall be appointed in such a manner as to
240 equitably represent all geographic areas of this the state. At
241 least three members of the commission shall represent or have
242 expertise in higher education, transportation, or workforce
243 development Each member must be a registered voter and a citizen
244 of the state. Each member of the commission must also possess
245 business managerial experience in the private sector.
246 3. A member of the commission shall represent the
247 transportation needs of the state as a whole and may not
248 subordinate the needs of the state to those of any particular
249 area of the state.
250 4. The commission is assigned to the Office of the
Page 10 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
251 Secretary of the Department of Transportation for administrative
252 and fiscal accountability purposes, but it shall otherwise
253 function independently of the control and direction of the
254 department.
255 (b) The commission shall:
256 1. Recommend major transportation policies for the
257 Governor's approval and assure that approved policies and any
258 revisions are properly executed.
259 2. Periodically review the status of the state
260 transportation system, including highway, transit, rail,
261 seaport, intermodal development, and aviation components of the
262 system, and recommend improvements to the Governor and the
263 Legislature.
264 3. Perform an in-depth evaluation of the annual department
265 budget request, the Florida Transportation Plan, and the
266 tentative work program for compliance with all applicable laws
267 and established departmental policies. Except as specifically
268 provided in s. 339.135(4)(c)2., (d), and (f), the commission may
269 not consider individual construction projects but shall consider
270 methods of accomplishing the goals of the department in the most
271 effective, efficient, and businesslike manner.
272 4. Monitor the financial status of the department on a
273 regular basis to assure that the department is managing revenue
274 and bond proceeds responsibly and in accordance with law and
275 established policy.
Page 11 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
276 5. Monitor on at least a quarterly basis the efficiency,
277 productivity, and management of the department using performance
278 and production standards developed by the commission pursuant to
279 s. 334.045.
280 6. Perform an in-depth evaluation of the factors causing
281 disruption of project schedules in the adopted work program and
282 recommend to the Governor and the Legislature methods to
283 eliminate or reduce the disruptive effects of these factors.
284 7. Recommend to the Governor and the Legislature
285 improvements to the department's organization in order to
286 streamline and optimize the efficiency of the department. In
287 reviewing the department's organization, the commission shall
288 determine if the current district organizational structure is
289 responsive to this state's changing economic and demographic
290 development patterns. The report by the commission must be
291 delivered to the Governor and the Legislature by December 15
292 each year, as appropriate. The commission may retain experts as
293 necessary to carry out this subparagraph, and the department
294 shall pay the expenses of the experts.
295 8. Monitor the efficiency, productivity, and management of
296 the agencies and authorities created under chapters 348 and 349;
297 the Mid-Bay Bridge Authority re-created pursuant to chapter
298 2000-411, Laws of Florida; and any authority formed under
299 chapter 343; and any transit entity that is a recipient of
300 funding from the department's public transit block grant program
Page 12 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
301 as created in s. 341.052. The commission shall also conduct
302 periodic reviews of each agency's and authority's operations and
303 budget, acquisition of property, management of revenue and bond
304 proceeds, and compliance with applicable laws and generally
305 accepted accounting principles.
306 (g) A member of the commission shall follow standards of
307 conduct for public officers as provided in s. 112.313 may not
308 have any interest, direct or indirect, in any contract,
309 franchise, privilege, or other benefit granted or awarded by the
310 department during the term of his or her appointment and for 2
311 years after the termination of such appointment.
312 (4)(3)
313 (b) The secretary may appoint positions at the level of
314 deputy assistant secretary or director which the secretary deems
315 necessary to accomplish the mission and goals of the department,
316 including, but not limited to, the areas of program
317 responsibility provided in this paragraph, each of whom shall be
318 appointed by and serve at the pleasure of the secretary. The
319 secretary may combine, separate, or delete offices as needed in
320 consultation with the Executive Office of the Governor. The
321 department's areas of program responsibility include, but are
322 not limited to, all of the following:
323 1. Administration.
324 2. Planning.
325 3. Supply chain and modal development.
Page 13 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
326 4. Design.
327 5. Highway operations.
328 6. Right-of-way.
329 7. Toll operations.
330 8. Transportation technology.
331 9. Information technology systems.
332 10. Motor carrier weight inspection.
333 11. Work program and budget.
334 12. Comptroller.
335 13. Construction.
336 14. Statewide corridors.
337 15. Maintenance.
338 16. Forecasting and performance.
339 17. Emergency management.
340 18. Safety.
341 19. Materials.
342 20. Infrastructure and innovation.
343 21. Permitting.
344 22. Traffic operations.
345 23. Operational technology.
346 Section 2. Paragraph (b) of subsection (3) of section
347 311.07, Florida Statutes, is amended to read:
348 311.07 Florida seaport transportation and economic
349 development funding.—
350 (3)
Page 14 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
351 (b) Projects eligible for funding by grants under the
352 program are limited to the following port facilities or port
353 transportation projects:
354 1. Transportation facilities within the jurisdiction of
355 the port.
356 2. The dredging or deepening of channels, turning basins,
357 or harbors.
358 3. The construction or rehabilitation of wharves, docks,
359 structures, jetties, piers, storage facilities, cruise
360 terminals, automated people mover systems, or any facilities
361 necessary or useful in connection with any of the foregoing.
362 4. The acquisition of vessel tracking systems, container
363 cranes, or other mechanized equipment used in the movement of
364 cargo or passengers in international commerce.
365 5. The acquisition of land to be used for port purposes.
366 6. The acquisition, improvement, enlargement, or extension
367 of existing port facilities.
368 7. Environmental protection projects which are necessary
369 because of requirements imposed by a state agency as a condition
370 of a permit or other form of state approval; which are necessary
371 for environmental mitigation required as a condition of a state,
372 federal, or local environmental permit; which are necessary for
373 the acquisition of spoil disposal sites and improvements to
374 existing and future spoil sites; or which result from the
375 funding of eligible projects listed in this paragraph.
Page 15 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
376 8. Transportation facilities as defined in s. 334.03(30)
377 which are not otherwise part of the Department of
378 Transportation's adopted work program.
379 9. Intermodal access projects.
380 10. Construction or rehabilitation of port facilities as
381 defined in s. 315.02, excluding any park or recreational
382 facilities, in ports listed in s. 311.09(1) with operating
383 revenues of $5 million or less, provided that such projects
384 create economic development opportunities, capital improvements,
385 and positive financial returns to such ports.
386 11. Seaport master plan or strategic plan development or
387 updates, including the purchase of data to support such plans.
388 12. Spaceport or space industry-related planning or
389 construction of facilities on seaport property which is
390 necessary or useful to advance the space industry in this state
391 when such project provides economic benefit to the community.
392 13. Commercial shipbuilding and manufacturing facilities
393 when such project provides economic benefit to the community.
394 Section 3. Subsections (1), (3), and (11) of section
395 311.09, Florida Statutes, are amended to read:
396 311.09 Florida Seaport Transportation and Economic
397 Development Council.—
398 (1) The Florida Seaport Transportation and Economic
399 Development Council is created within the Department of
400 Transportation to support the growth of the seaports of this
Page 16 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
401 state through the review, development, and financing of port
402 transportation and port facilities. The council is composed
403 consists of the following 18 members: the port director, or the
404 port director's designee, of each of the ports of Jacksonville,
405 Port Canaveral, Port Citrus, Fort Pierce, Palm Beach, Port
406 Everglades, Miami, Port Manatee, St. Petersburg, Putnam County,
407 Tampa, Port St. Joe, Panama City, Pensacola, Key West, and
408 Fernandina; the secretary of the Department of Transportation or
409 his or her designee; and the secretary of the Department of
410 Commerce or his or her designee.
411 (2) The council shall adopt bylaws governing the manner in
412 which the business of the council will be conducted. The bylaws
413 shall specify the procedure by which the chairperson of the
414 council is elected.
415 (3) The council shall prepare a 5-year Florida Seaport
416 Mission Plan defining the goals and objectives of the council
417 concerning the development of port facilities and an intermodal
418 transportation system consistent with the goals of the Florida
419 Transportation Plan developed pursuant to s. 339.155. The
420 Florida Seaport Mission Plan shall include specific
421 recommendations for the construction of transportation
422 facilities connecting any port to another transportation mode,
423 the construction of transportation facilities connecting any
424 port to the space and aerospace industries, and for the
425 efficient, cost-effective development of transportation
Page 17 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
426 facilities or port facilities for the purpose of enhancing
427 trade, promoting cargo flow, increasing cruise passenger
428 movements, increasing port revenues, and providing economic
429 benefits to this the state. The council shall develop a priority
430 list of projects based on these recommendations annually and
431 submit the list to the Department of Transportation. The council
432 shall update the 5-year Florida Seaport Mission Plan annually
433 and shall submit the plan no later than February 1 of each year
434 to the President of the Senate, the Speaker of the House of
435 Representatives, the Department of Commerce, and the Department
436 of Transportation. The council shall develop programs, based on
437 an examination of existing programs in Florida and other states,
438 for the training of minorities and secondary school students in
439 job skills associated with employment opportunities in the
440 maritime industry, and report on progress and recommendations
441 for further action to the President of the Senate and the
442 Speaker of the House of Representatives annually. Each member of
443 the council shall submit semiannual reports to the Department of
444 Transportation relating to seaport operations and their support
445 of this state's economic competitiveness and supply chain. Each
446 report must include information prescribed by the Department of
447 Transportation, in consultation with the Department of Commerce,
448 including, but, not limited to:
449 (a) Bulk break capacity.
450 (b) Liquid storage and capacity.
Page 18 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
451 (c) Fuel storage and capacity.
452 (d) Container capacity.
453 (e) Supply chain disruptions.
454 (11) Members of the council shall serve without
455 compensation but are entitled to receive reimbursement for per
456 diem and travel expenses as provided in s. 112.061. The council
457 may elect to provide an administrative staff to provide services
458 to the council on matters relating to the Florida Seaport
459 Transportation and Economic Development Program and the council.
460 The cost for such administrative services shall be paid by all
461 ports that receive funding from the Florida Seaport
462 Transportation and Economic Development Program, based upon a
463 pro rata formula measured by each recipient's share of the funds
464 as compared to the total funds disbursed to all recipients
465 during the year. The share of costs for administrative services
466 shall be paid in its total amount by the recipient port upon
467 execution by the port and the Department of Transportation of a
468 joint participation agreement for each council-approved project,
469 and such payment is in addition to the matching funds required
470 to be paid by the recipient port. Except as otherwise exempted
471 by law, all moneys derived from the Florida Seaport
472 Transportation and Economic Development Program shall be
473 expended in accordance with the provisions of s. 287.057.
474 Seaports subject to competitive negotiation requirements of a
475 local governing body shall abide by the provisions of s.
Page 19 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
476 287.055.
477 Section 4. Subsection (7) of section 316.0745, Florida
478 Statutes, is amended to read:
479 316.0745 Uniform signals and devices.—
480 (7) The Department of Transportation may, upon receipt and
481 investigation of reported noncompliance and after hearing
482 pursuant to 14 days' notice, direct the removal of any purported
483 traffic control device that fails to meet the requirements of
484 this section, wherever the device is located and without regard
485 to assigned responsibility under s. 316.1895. The public agency
486 erecting or installing the same shall immediately bring it into
487 compliance with the requirements of this section or remove said
488 device or signal upon the direction of the Department of
489 Transportation and may not, for a period of 5 years, install any
490 replacement or new traffic control devices paid for in part or
491 in full with revenues raised by the state unless written prior
492 approval is received from the Department of Transportation. Any
493 additional violation by a public body or official shall be cause
494 for the withholding of state funds for traffic control purposes
495 until such public body or official demonstrates to the
496 Department of Transportation that it is complying with this
497 section.
498 Section 5. Section 330.27, Florida Statutes, is amended to
499 read:
500 330.27 Definitions, when used in ss. 330.29-330.39.—As
Page 20 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
501 used in ss. 330.29-330.39, the term:
502 (1) "Air ambulance operation" means a flight with a
503 patient or medical personnel on board for the purpose of medical
504 transportation.
505 (2)(1) "Aircraft" means a powered or unpowered machine or
506 device capable of atmospheric flight, including, but not limited
507 to, an airplane, autogyro, glider, gyrodyne, helicopter, lift
508 and cruise, multicopter, paramotor, powered lift, seaplane,
509 tiltrotor, ultralight, or vectored thrust. The term does not
510 include except a parachute or other such device used primarily
511 as safety equipment.
512 (3)(2) "Airport" means a specific an area of land or water
513 or a structure used for, or intended to be used for, landing and
514 takeoff of aircraft operations, which may include including
515 appurtenant areas, buildings, facilities, or rights-of-way
516 necessary to facilitate such use or intended use. The term
517 includes, but is not limited to, an airpark, airport,
518 gliderport, heliport, helistop, seaplane base, ultralight
519 flightpark, vertiport, or vertistop.
520 (4) "Commercial air tour operation" means a flight
521 conducted for compensation or hire in an aircraft when the
522 purpose of the flight is sightseeing.
523 (5) "Commuter operation" means any scheduled operation
524 conducted by a person operating an aircraft with a frequency of
525 operations of at least five round trips per week on at least one
Page 21 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
526 route between two or more points according to the published
527 flight schedule.
528 (6)(3) "Department" means the Department of
529 Transportation.
530 (7)(4) "Limited airport" means any airport limited
531 exclusively to the specific conditions stated on the site
532 approval order or license.
533 (8) "On-demand operation" means any scheduled passenger-
534 carrying operation for compensation or hire conducted by a
535 person operating an aircraft with a frequency of operations of
536 fewer than five round trips per week on at least one route
537 between two or more points according to the published flight
538 schedule.
539 (9)(5) "Private airport" means an airport, publicly or
540 privately owned, which is not open or available for use by the
541 public, but may be made available to others by invitation of the
542 owner or manager.
543 (10) "Private airport of public interest" means a private
544 airport serving any of the following operations: air ambulance
545 operation, commercial air tour operation, commuter operation,
546 on-demand operation, public charter operation, scheduled
547 operation, or supplemental operation.
548 (11)(6) "Public airport" means an airport, publicly or
549 privately owned, which is open for use by the public.
550 (12) "Public charter operation" means a one-way or round-
Page 22 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
551 trip charter flight performed by one or more direct air carriers
552 which is arranged and sponsored by a charter operator.
553 (13) "Scheduled operation" means any common carriage
554 passenger-carrying operation for compensation or hire conducted
555 by an air carrier or commercial operator for which the
556 certificateholder or its representative offers in advance the
557 departure location, departure time, and arrival location.
558 (14) "Supplemental operation" means any common carriage
559 operation for compensation or hire conducted with an aircraft
560 for which the departure time, departure location, and arrival
561 location are specifically negotiated with the customer or
562 customer's representative.
563 (15)(7) "Temporary airport" means an airport at which
564 flight operations are conducted under visual flight rules
565 established by the Federal Aviation Administration and which is
566 used for less than 30 consecutive days with no more than 10
567 operations per day.
568 (8) "Ultralight aircraft" means any aircraft meeting the
569 criteria established by part 103 of the Federal Aviation
570 Regulations.
571 Section 6. Paragraphs (a) and (d) of subsection (2) and
572 subsection (4) of section 330.30, Florida Statutes, are amended
573 to read:
574 330.30 Approval of airport sites; registration,
575 certification, and licensure of airports.—
Page 23 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
576 (2) LICENSES, CERTIFICATES, AND REGISTRATIONS;
577 REQUIREMENTS, RENEWAL, REVOCATION.—
578 (a) Except as provided in subsection (3), the owner or
579 lessee of an airport in this state shall have a public airport
580 license, private airport registration, or temporary airport
581 registration before the operation of aircraft to or from the
582 airport. Application for a license or registration shall be made
583 in a form and manner prescribed by the department.
584 1. For a public airport, upon granting site approval, the
585 department shall issue a license after a final airport
586 inspection finds that the airport is to be in compliance with
587 all requirements for the license. The license may be subject to
588 any reasonable conditions the department deems necessary to
589 protect the public health, safety, or welfare.
590 2. For a private airport, upon granting site approval, the
591 department shall provide controlled electronic access to the
592 state aviation facility data system to permit the applicant to
593 complete the registration process. Registration shall be
594 completed upon self-certification by the registrant of
595 operational and configuration data deemed necessary by the
596 department.
597 3. For a temporary airport, the department must publish
598 notice of receipt of a completed registration application in the
599 next available publication of the Florida Administrative
600 Register and may not approve a registration application less
Page 24 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
601 than 14 days after the date of publication of the notice. The
602 department must approve or deny a registration application
603 within 30 days after receipt of a completed application and must
604 issue the temporary airport registration concurrent with the
605 airport site approval. A completed registration application that
606 is not approved or denied within 30 days after the department
607 receives the completed application is considered approved and
608 shall be issued, subject to such reasonable conditions as are
609 authorized by law. An applicant seeking to claim registration by
610 default under this subparagraph must notify the agency clerk of
611 the department, in writing, of the intent to rely upon the
612 default registration provision of this subparagraph and may not
613 take any action based upon the default registration until after
614 receipt of such notice by the agency clerk.
615 4. A private airport of public interest as defined in s.
616 330.27 must obtain a certificate from the department before
617 allowing aircraft operations. The department shall issue a
618 certificate after a final inspection finds that the private
619 airport of public interest is in compliance with all of the
620 requirements for a certificate. The certificate is subject to
621 any reasonable conditions that the department deems necessary to
622 protect the health, safety, or welfare of the public. A private
623 airport that was engaged in operations associated with a private
624 airport of public interest on or before July 1, 2025, may
625 continue its operations but must obtain a certificate from the
Page 25 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
626 department before July 1, 2030.
627 (d)1. Each public airport license shall expire no later
628 than 1 year after the effective date of the license, except that
629 the expiration date of a license may be adjusted to provide a
630 maximum license period of 18 months to facilitate airport
631 inspections, recognize seasonal airport operations, or improve
632 administrative efficiency.
633 2. Registration for private airports shall remain valid
634 provided specific elements of airport data, established by the
635 department, are periodically recertified by the airport
636 registrant. The ability to recertify private airport
637 registration data shall be available at all times by electronic
638 submittal. A private airport registration that has not been
639 recertified in the 24-month period following the last
640 certification shall expire, unless the registration period has
641 been adjusted by the department for purposes of informing
642 private airport owners of their registration responsibilities or
643 promoting administrative efficiency. The expiration date of the
644 current registration period will be clearly identifiable from
645 the state aviation facility data system.
646 3. The effective date and expiration date shall be shown
647 on public airport licenses. Upon receiving an application for
648 renewal of an airport license in a form and manner prescribed by
649 the department and receiving a favorable inspection report
650 indicating compliance with all applicable requirements and
Page 26 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
651 conditions, the department shall renew the license, subject to
652 any conditions deemed necessary to protect the public health,
653 safety, or welfare.
654 4. The department may require a new site approval for any
655 airport if the license or registration has expired.
656 5. If the renewal application for a public airport license
657 has not been received by the department or no private airport
658 registration recertification has been accomplished within 15
659 days after the date of expiration, the department may revoke the
660 airport license or registration.
661 6. After initial registration, the department may issue a
662 certificate to a private airport of public interest if the
663 airport is in compliance with all of the requirements for a
664 certificate after a final inspection of the private airport of
665 public interest. The certificate is subject to any reasonable
666 conditions that the department deems necessary to protect the
667 health, safety, or welfare of the public. A certificate issued
668 to a private airport of public interest expires 5 years after
669 the effective date of the certificate.
670 (4) EXCEPTIONS.—Private airports with 10 or more based
671 aircraft may request to be inspected and licensed by the
672 department. Private airports licensed according to this
673 subsection shall be considered private airports as defined in s.
674 330.27 s. 330.27(5) in all other respects.
675 Section 7. Section 331.371, Florida Statutes, is amended
Page 27 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
676 to read:
677 331.371 Strategic space infrastructure investment.—
678 (1) In consultation with Space Florida, the Department of
679 Transportation may fund spaceport discretionary capacity
680 improvement projects, as defined in s. 331.303, at up to 100
681 percent of the project's cost if:
682 (a)(1) Important access and on-spaceport-territory space
683 transportation capacity improvements are provided.;
684 (b)(2) Capital improvements that strategically position
685 the state to maximize opportunities in international trade are
686 achieved.;
687 (c)(3) Goals of an integrated intermodal transportation
688 system for the state are achieved.; and
689 (d)(4) Feasibility and availability of matching funds
690 through federal, local, or private partners are demonstrated.
691 (2) In consultation with the Department of Commerce and
692 the Department of Environmental Protection, the Department of
693 Transportation may fund wastewater projects, stormwater
694 projects, water capacity projects, or projects associated with
695 critical infrastructure facilities as defined in s. 692.201
696 within or outside the jurisdictional boundary of a spaceport
697 territory so long as the project supports aerospace or launch
698 support facilities within an adjacent spaceport territory
699 boundary. The Department of Transportation shall coordinate with
700 the Department of Commerce and the Department of Environmental
Page 28 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
701 Protection in order to maximize and optimize available funding
702 for such projects.
703 Section 8. Section 332.003, Florida Statutes, is amended
704 to read:
705 332.003 Florida Airport Development and Accountability
706 Assistance Act; short title.—Sections 332.003-332.007 may be
707 cited as the "Florida Airport Development and Accountability
708 Assistance Act."
709 Section 9. Section 332.005, Florida Statutes, is amended
710 to read:
711 332.005 Restrictions on authority of Department of
712 Transportation.—
713 (1) This act specifically prohibits the Department of
714 Transportation from regulating commercial air carriers operating
715 within the state pursuant to federal authority and regulations;
716 from participating in or exercising control in the management
717 and operation of a sponsor's airport, except when officially
718 requested by the sponsor; or from expanding the design or
719 operational capability of the department in the area of airport
720 and aviation consultants' contract work, other than to provide
721 technical assistance as requested.
722 (2) Notwithstanding subsection (1), upon the declaration
723 of a state of emergency issued by the Governor in preparation
724 for or in response to a natural disaster, an airport as defined
725 in s. 332.004 must provide the department, at no cost, with the
Page 29 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
726 opportunity to use any property not within the air navigation
727 facility as defined in s. 332.01(4) for the staging of equipment
728 and personnel to support emergency preparedness and response
729 operations.
730 Section 10. Subsection (7) of section 332.006, Florida
731 Statutes, is amended to read:
732 332.006 Duties and responsibilities of the Department of
733 Transportation.—
734 The Department of Transportation shall, within the
735 resources provided pursuant to chapter 216:
736 (7) Develop, promote, and distribute supporting
737 information and educational services, including, but not limited
738 to, educational services with a focus on retention and growth of
739 the aviation industry workforce.
740 Section 11. Paragraph (a) of subsection (7), subsection
741 (8), and paragraph (b) of subsection (9) of section 332.007,
742 Florida Statutes, are amended, and paragraph (c) is added to
743 subsection (2) of that section, to read:
744 332.007 Administration and financing of aviation and
745 airport programs and projects; state plan.—
746 (2)
747 (c) Annually, each airport must submit to the department a
748 comprehensive maintenance program report detailing the
749 maintenance and inspection of such airport's infrastructure. At
750 a minimum, the report must include a schedule of inspections,
Page 30 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
751 the locations being inspected, any probable cause for such
752 inspection, a list of the airport's required needs, any remedial
753 actions to be taken, and any required follow-up inspections and
754 maintenance. For purposes of this paragraph, the term
755 "maintenance" includes any preventive and regular or recurring
756 work that is necessary to preserve the airport infrastructure in
757 good condition. Timely maintenance and repair, including routine
758 maintenance, rehabilitation, and upgrading, are essential for
759 the safe operation of airport infrastructure. An airport must
760 retain all records of materials and equipment used for the
761 airport's maintenance and repair work. If the department
762 determines, based on the annual comprehensive maintenance
763 program report, that there is evidence that an airport failed to
764 perform routine maintenance, the department may withhold state
765 funds for any of the airport's capital expansion projects until
766 such airport corrects any deficiencies.
767 (7) Subject to the availability of appropriated funds in
768 addition to aviation fuel tax revenues, the department may
769 participate in the capital cost of eligible public airport and
770 aviation discretionary capacity improvement projects. The annual
771 legislative budget request shall be based on the funding
772 required for discretionary capacity improvement projects in the
773 aviation and airport work program.
774 (a) The department shall provide priority funding in
775 support of:
Page 31 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
776 1. Terminal and parking expansion projects that increase
777 capacity at airports that provide commercial service in counties
778 with a population of 500,000 or less.
779 2.1. Land acquisition which provides additional capacity
780 at the qualifying international airport or at that airport's
781 supplemental air carrier airport.
782 3.2. Runway and taxiway projects that add capacity or are
783 necessary to accommodate technological changes in the aviation
784 industry.
785 4.3. Airport access transportation projects that improve
786 direct airport access and are approved by the airport sponsor.
787 5.4. International terminal projects that increase
788 international gate capacity.
789 6. Projects that improve the safe and efficient operation
790 of this state's airports.
791 7. Emerging technology, workforce development projects,
792 and projects that benefit the strategic intermodal system
793 through intermodal connectivity.
794 (8) The department may also fund eligible projects
795 performed by not-for-profit organizations and postsecondary
796 education institutions, as defined in s. 1008.47(1), which
797 support the training of pilots, air traffic control personnel,
798 or aircraft maintenance technical personnel that represent a
799 majority of public airports in this state. Eligible projects may
800 include activities associated with aviation master planning,
Page 32 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
801 professional education, safety and security planning, enhancing
802 economic development and efficiency at airports in this state,
803 or other planning efforts to improve the viability and safety of
804 airports in this state. The department may also fund programs
805 that support the transition of honorably discharged military
806 personnel to the aviation industry. The department may match
807 funds provided by the Department of Commerce for such programs.
808 (9) The department may fund strategic airport investment
809 projects at up to 100 percent of the project's cost if:
810 (b) Capital improvements that strategically position the
811 state to maximize opportunities in tourism, international trade,
812 logistics, and the aviation industry are provided;
813 Section 12. Subsections (1), (2), and (5) of section
814 332.0075, Florida Statutes, are amended to read:
815 332.0075 Commercial service airports; transparency and
816 accountability; penalty.—
817 (1) As used in this section, the term:
818 (a) "Commercial service airport" means an airport
819 providing commercial services, including large, medium, small,
820 and nonhub airports as classified a primary airport as defined
821 in 49 U.S.C. s. 47102 which is classified as a large, medium, or
822 small hub airport by the Federal Aviation Administration.
823 (b) "Consent agenda" means an agenda which consists of
824 items voted on collectively or as a group and which does not
825 provide the opportunity for public comment on each such item
Page 33 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
826 before approval or disapproval by the governing body.
827 (c) "Department" means the Department of Transportation.
828 (d) "Governing body" means the governing body of the
829 county, municipality, or special district that operates a
830 commercial service airport. The term includes an appointed board
831 or oversight entity serving as the governing body on behalf of
832 the county, municipality, or special district.
833 (2) Each governing body shall establish and maintain a
834 website to post information relating to the operation of a
835 commercial service airport, and such information must remain on
836 the website for at least 5 years or for as long as the
837 information is actively in use by the entity. Information that
838 must be posted on the governing body's website includes
839 including:
840 (a) All published notices of meetings and published
841 meeting agendas of the governing body.
842 (b) The official minutes of each meeting of the governing
843 body, which must shall be posted within 7 business days after
844 the date of the meeting in which the minutes were approved.
845 (c) The approved budget for the commercial service airport
846 for the current fiscal year, which shall be posted within 7
847 business days after the date of adoption. Budgets must remain on
848 the website for 5 2 years after the conclusion of the fiscal
849 year for which they were adopted.
850 (d) Copies of A link to the current Airport Master Plan
Page 34 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
851 and the immediately preceding Airport Master Plan for the
852 commercial service airport and a link to the current Airport
853 Master Plan on the commercial service airport's website.
854 (e) A link to all financial and statistical reports for
855 the commercial service airport on the Federal Aviation
856 Administration's website.
857 (f) Any contract or contract amendment for the purchase of
858 commodities or contractual services executed by or on behalf of
859 the commercial service airport in excess of the threshold amount
860 provided in s. 287.017 for CATEGORY FIVE, which must shall be
861 posted no later than 7 business days after the commercial
862 service airport executes the contract or contract amendment.
863 However, a contract or contract amendment may not reveal
864 information made confidential or exempt by law. Each commercial
865 service airport must redact confidential or exempt information
866 from each contract or contract amendment before posting a copy
867 on its website.
868 (g) Position and rate information for each employee of the
869 commercial service airport, including, at a minimum, the
870 employee's position title, position description, and annual or
871 hourly salary. This information must shall be updated quarterly
872 annually.
873 (5)(a) Each November 1, the governing body of each
874 commercial service airport shall submit the following
875 information to the department:
Page 35 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
876 1. Its approved budget for the current fiscal year.
877 2. Any financial reports submitted to the Federal Aviation
878 Administration during the previous calendar year.
879 3. A link to its website.
880 4. A statement, verified as provided in s. 92.525, that it
881 has complied with part III of chapter 112, chapter 287, and this
882 section.
883 5. The most recent copy of its strategic plan or plans.
884 6. Contracts related to financial awards received through
885 federally funded grant programs for the preceding year.
886 (b) The department shall review the information submitted
887 by the governing body of the commercial service airport and
888 posted on the airport's website to determine the accuracy of
889 such information. Each January 15, the department shall submit
890 to the Governor, the President of the Senate, and the Speaker of
891 the House of Representatives a report summarizing commercial
892 service airport compliance with this section.
893 (c) In addition to the requirements of this section, a
894 commercial service airport must:
895 1. Notify the department within 48 hours after receiving a
896 communication or directive from a federal agency with respect to
897 accommodating public health testing or the transfer of
898 unauthorized aliens into this state.
899 2. Notify the department as soon as reasonably possible,
900 but no later than 48 hours after discovery, of incidents
Page 36 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
901 including, but not limited to, those related to the safety of
902 the public when traveling, potential breaches or security risks
903 associated with cybersecurity, or other issues of statewide
904 concern as defined by the department.
905 Section 13. Section 332.15, Florida Statutes, is created
906 to read:
907 332.15 Advanced air mobility.—The Department of
908 Transportation shall, within the resources provided pursuant to
909 chapter 216:
910 (1) Address the need for vertiports, advanced air
911 mobility, and other advances in aviation technology in the
912 statewide aviation system plan as required under s. 332.006(1)
913 and, as appropriate, in the department's work program.
914 (2) Designate a subject matter expert on advanced air
915 mobility within the department to serve as a resource for local
916 jurisdictions navigating advances in aviation technology.
917 (3) Conduct a review of airport hazard zone regulations.
918 (4) Work with the Department of Commerce to provide
919 coordination and assistance for the development of a viable
920 advanced air mobility system in this state and incorporate those
921 plans in the statewide aviation system plan as required under s.
922 332.006(1) in order to develop and identify the statewide
923 corridors of need and opportunities for growth of the industry.
924 Section 14. Subsections (5) and (26) of section 334.044,
925 Florida Statutes, are amended, and subsections (37), (38), and
Page 37 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
926 (39) are added to that section, to read:
927 334.044 Powers and duties of the department.—The
928 department shall have the following general powers and duties:
929 (5) To purchase, lease, or otherwise acquire property and
930 materials, including the purchase of promotional items as part
931 of public information and education campaigns for the promotion
932 of environmental management, scenic highways, traffic and train
933 safety awareness, alternatives to single-occupant vehicle
934 travel, commercial motor vehicle safety, workforce development,
935 electric vehicle use and charging stations, autonomous vehicles,
936 and context classification, design for electric vehicles and
937 autonomous vehicles; to purchase, lease, or otherwise acquire
938 equipment and supplies; and to sell, exchange, or otherwise
939 dispose of any property that is no longer needed by the
940 department.
941 (26)(a) To provide for the enhancement of environmental
942 benefits, including air and water quality; to prevent roadside
943 erosion; to conserve the natural roadside growth and scenery;
944 and to provide for the implementation and maintenance of
945 roadside conservation, enhancement, and stabilization programs.
946 For these purposes, the department shall annually allocate an
947 amount equal to at least 1.5 percent of the total amount
948 contracted for construction projects, including existing
949 maintenance projects to enhance the rights-of-way and arterial
950 facilities of the state highway system, shall be allocated by
Page 38 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
951 the department on a statewide basis for the purchase of plant
952 materials. Such funds must be allocated on a statewide basis.
953 1. Department districts may not expend funds for
954 landscaping in connection with any project that is limited to
955 resurfacing existing lanes unless the expenditure has been
956 approved by the department's secretary or the secretary's
957 designee. To the greatest extent practical, at least 50 percent
958 of the funds allocated under this paragraph must subsection
959 shall be allocated for large plant materials and the remaining
960 funds for other plant materials.
961 2. Except as prohibited by applicable federal law or
962 regulation, all plant materials shall be purchased from Florida
963 commercial nursery stock in this state on a uniform competitive
964 bid basis. The department shall develop grades and standards for
965 landscaping materials purchased through this process, including
966 standards for landscaping materials that are native to a
967 specific region of this state to reflect Florida's heritage and
968 natural landscapes.
969 (b) To increase cost predictability and increase
970 programming needs, a project with a total contracted
971 construction cost greater than $500 million must have 0.5
972 percent of the total construction cost expended in the fiscal
973 year in which the project is planned for construction and the
974 remaining 1 percent may be planned and expended over the next 5
975 fiscal years.
Page 39 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
976 (c) Projects authorized in s. 215, chapter 2023-239, Laws
977 of Florida, and in budget amendment EOG #2024-B0112, and
978 subsequently adopted into the 5-year work program, are exempt
979 from this subsection. This paragraph expires upon the completion
980 of the authorized projects.
981 (37) Notwithstanding s. 287.022 or s. 287.025, to enter
982 into contracts for insurance that the department is
983 contractually and legally obligated to provide directly from
984 local, national, or international insurance companies.
985 (38) Notwithstanding s. 287.14, to purchase, lease, or
986 acquire heavy equipment and motor vehicles for roadway
987 operations and emergency response purposes, regardless of
988 whether the department has exchanged or ceased the operation of
989 motor vehicles or heavy equipment already under the department's
990 ownership.
991 (39) To adopt rules to comply with the requirements of 49
992 C.F.R. part 26 and applicable federal law To accomplish these
993 activities, the department may contract with nonprofit
994 organizations having the primary purpose of developing youth
995 employment opportunities.
996 Section 15. Paragraph (f) of subsection (1) of section
997 334.045, Florida Statutes, is amended to read:
998 334.045 Transportation performance and productivity
999 standards; development; measurement; application.—
1000 (1) The Florida Transportation Commission shall develop
Page 40 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1001 and adopt measures for evaluating the performance and
1002 productivity of the department. The measures may be both
1003 quantitative and qualitative and must, to the maximum extent
1004 practical, assess those factors that are within the department's
1005 control. The measures must, at a minimum, assess performance in
1006 the following areas:
1007 (f) Small Disadvantaged business enterprise and minority
1008 business programs as established in s. 337.027.
1009 Section 16. Section 334.62, Florida Statutes, is created
1010 to read:
1011 334.62 Florida Transportation Academy.—
1012 (1) The Legislature finds that the growth and
1013 sustainability of the transportation workforce industry is vital
1014 to the continued success and efficiency of this state's supply
1015 chain and economic competitiveness. In order to prioritize the
1016 continued need for transportation industry workforce development
1017 programs, the Florida Transportation Academy is established.
1018 (2) In order to support, promote, and sustain workforce
1019 development efforts of the transportation sector, the department
1020 may work with state agencies referenced in this chapter,
1021 industry organizations, and private sector businesses, as
1022 appropriate.
1023 (3) The department may coordinate with all of the
1024 following entities:
1025 (a) The Department of Corrections to identify and create
Page 41 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1026 certification and training opportunities for nonviolent inmates
1027 and create a process to allow the Department of Corrections to
1028 notify the department when a nonviolent inmate who is seeking
1029 employment has received a scheduled release date.
1030 (b) The Department of Juvenile Justice and its educational
1031 partners to create certification and training opportunities for
1032 eligible youth.
1033 (c) Veterans' organizations to encourage honorably
1034 discharged veterans to pursue opportunities within the
1035 transportation industry, including, but not limited to,
1036 employment as pilots, mechanics, and air traffic controllers.
1037 (d) The Department of Commerce, CareerSource Florida, and
1038 regional business communities, within and outside of the
1039 transportation industry, to further understand recruitment and
1040 retention needs and job-seeker pipelines.
1041 (e) The American Council of Engineering Companies and the
1042 Florida Transportation Builders Association to optimize
1043 workforce recruitment and retention and assess the future needs
1044 of the transportation industry and this state.
1045 Section 17. Subsection (3) of section 335.182, Florida
1046 Statutes, is amended to read:
1047 335.182 Regulation of connections to roads on State
1048 Highway System; definitions.—
1049 (3) As used in this act, the term:
1050 (a) "Connection" means driveways, streets, turnouts, or
Page 42 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1051 other means of providing for the right of reasonable access to
1052 or from the State Highway System.
1053 (b) "Modification of a connection" means relocation,
1054 alteration, or closure of a connection.
1055 (c)(b) "Significant change" means:
1056 1. A change in the use of the property, including
1057 development of the land, structures, or facilities;, or
1058 2. An expansion of the size of the property, structures,
1059 or facilities causing an increase in the trip generation of the
1060 property exceeding 25 percent more trip generation, (either peak
1061 hour or daily,) and exceeding 100 vehicles per day more than the
1062 existing use.
1063 Section 18. Subsections (3) and (4) of section 335.187,
1064 Florida Statutes, are amended to read:
1065 335.187 Unpermitted connections; existing access permits;
1066 nonconforming permits; modification and revocation of permits.—
1067 (3) The department may issue a nonconforming access permit
1068 if denying after finding that to deny an access permit would
1069 leave the property without a reasonable means of access to the
1070 State Highway System. The department may specify limits on the
1071 maximum vehicular use of the connection and may impose
1072 conditions be conditioned on the availability of future
1073 alternative means of access for which access permits can be
1074 obtained.
1075 (4) After written notice and the opportunity for a
Page 43 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1076 hearing, as provided for in s. 120.60, the department may modify
1077 or revoke an access permit issued after July 1, 1988, by
1078 requiring modification relocation, alteration, or closure of an
1079 existing connection if:
1080 (a) A significant change occurs in the use, design, or
1081 traffic flow of the connection; or
1082 (b) The connection would jeopardize the safety of the
1083 public or have a negative impact on the operational
1084 characteristics of the highway.
1085 Section 19. Subsection (2) of section 337.027, Florida
1086 Statutes, is amended to read:
1087 337.027 Authority to implement a business development
1088 program.—
1089 (2) For purposes of this section, the term "small
1090 business" means a business with yearly average gross receipts of
1091 less than $25 $15 million for road and bridge contracts and less
1092 than $10 $6.5 million for professional and nonprofessional
1093 services contracts. A business' average gross receipts is
1094 determined by averaging its annual gross receipts over the last
1095 3 years, including the receipts of any affiliate as defined in
1096 s. 337.165.
1097 Section 20. Subsection (6) of section 337.11, Florida
1098 Statutes, is amended to read:
1099 337.11 Contracting authority of department; bids;
1100 emergency repairs, supplemental agreements, and change orders;
Page 44 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1101 combined design and construction contracts; progress payments;
1102 records; requirements of vehicle registration.—
1103 (6)(a) If the secretary determines that an emergency in
1104 regard to the restoration or repair of any state transportation
1105 facility exists such that the delay incident to giving
1106 opportunity for competitive bidding would be detrimental to the
1107 interests of the state, the provisions for competitive bidding
1108 do not apply; and the department may enter into contracts for
1109 restoration or repair without giving opportunity for competitive
1110 bidding on such contracts. Within 30 days after such
1111 determination and contract execution, the head of the department
1112 shall file with the Executive Office of the Governor a written
1113 statement of the conditions and circumstances constituting such
1114 emergency.
1115 (b) If the secretary determines that delays on a contract
1116 for maintenance exist due to administrative challenges, bid
1117 protests, defaults or terminations and the further delay would
1118 reduce safety on the transportation facility or seriously hinder
1119 the department's ability to preserve the state's investment in
1120 that facility, competitive bidding provisions may be waived and
1121 the department may enter into a contract for maintenance on the
1122 facility. However, contracts for maintenance executed under the
1123 provisions of this paragraph shall be interim in nature and
1124 shall be limited in duration to a period of time not to exceed
1125 the length of the delay necessary to complete the competitive
Page 45 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1126 bidding process and have the contract in place.
1127 (c) When the department determines that it is in the best
1128 interest of the public for reasons of public concern, economy,
1129 improved operations, or safety, and only when circumstances
1130 dictate rapid completion of the work, the department may, up to
1131 the amount of $500,000, enter into contracts for construction
1132 and maintenance without advertising and receiving competitive
1133 bids. The department may enter into such contracts only upon a
1134 determination that the work is necessary for one of the
1135 following reasons:
1136 1. To ensure timely completion of projects or avoidance of
1137 undue delay for other projects;
1138 2. To accomplish minor repairs or construction and
1139 maintenance activities for which time is of the essence and for
1140 which significant cost savings would occur; or
1141 3. To accomplish nonemergency work necessary to ensure
1142 avoidance of adverse conditions that affect the safe and
1143 efficient flow of traffic.
1144
1145 The department shall make a good faith effort to obtain two or
1146 more quotes, if available, from qualified contractors before
1147 entering into any contract. The department shall give
1148 consideration to small disadvantaged business enterprise
1149 participation. However, when the work exists within the limits
1150 of an existing contract, the department shall make a good faith
Page 46 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1151 effort to negotiate and enter into a contract with the prime
1152 contractor on the existing contract.
1153 Section 21. Paragraph (a) of subsection (1) of section
1154 337.18, Florida Statutes, is amended to read:
1155 337.18 Surety bonds for construction or maintenance
1156 contracts; requirement with respect to contract award; bond
1157 requirements; defaults; damage assessments.—
1158 (1)(a) A surety bond shall be required of the successful
1159 bidder in an amount equal to the awarded contract price.
1160 However, the department may choose, in its discretion and
1161 applicable only to multiyear maintenance contracts, to allow for
1162 incremental annual contract bonds that cumulatively total the
1163 full, awarded, multiyear contract price. The department may also
1164 choose, in its discretion and applicable only to phased design-
1165 build contracts under s. 337.11(7)(b), to allow the issuance of
1166 multiple contract performance and payment bonds in succession to
1167 align with each phase of the contract to meet the bonding
1168 requirement in this subsection. Notwithstanding any bonding
1169 requirement under this section, the department may require, at
1170 the discretion of the secretary, that the amount of the surety
1171 bond or bonds be less than the contract price.
1172 1. The department may waive the requirement for all or a
1173 portion of a surety bond if:
1174 a. The contract price is $250,000 or less and the
1175 department determines that the project is of a noncritical
Page 47 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1176 nature and that nonperformance will not endanger public health,
1177 safety, or property;
1178 b. The prime contractor is a qualified nonprofit agency
1179 for the blind or for the other severely handicapped under s.
1180 413.036(2); or
1181 c. The prime contractor is using a subcontractor that is a
1182 qualified nonprofit agency for the blind or for the other
1183 severely handicapped under s. 413.036(2). However, the
1184 department may not waive more than the amount of the
1185 subcontract.
1186 2. If the department determines that it is in the best
1187 interests of the department to reduce the bonding requirement
1188 for a project and that to do so will not endanger public health,
1189 safety, or property, the department may waive the requirement of
1190 a surety bond in an amount equal to the awarded contract price
1191 for a project having a contract price of $250 million or more
1192 and, in its place, may set a surety bond amount that is a
1193 portion of the total contract price and provide an alternate
1194 means of security for the balance of the contract amount that is
1195 not covered by the surety bond or provide for incremental surety
1196 bonding and provide an alternate means of security for the
1197 balance of the contract amount that is not covered by the surety
1198 bond. Such alternative means of security may include letters of
1199 credit, United States bonds and notes, parent company
1200 guarantees, and cash collateral. The department may require
Page 48 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1201 alternate means of security if a surety bond is waived. The
1202 surety on such bond shall be a surety company authorized to do
1203 business in the state. All bonds shall be payable to the
1204 department and conditioned for the prompt, faithful, and
1205 efficient performance of the contract according to plans and
1206 specifications and within the time period specified, and for the
1207 prompt payment of all persons defined in s. 713.01 furnishing
1208 labor, material, equipment, and supplies for work provided in
1209 the contract; however, whenever an improvement, demolition, or
1210 removal contract price is $25,000 or less, the security may, in
1211 the discretion of the bidder, be in the form of a cashier's
1212 check, bank money order of any state or national bank, certified
1213 check, or postal money order. The department shall adopt rules
1214 to implement this subsection. Such rules shall include
1215 provisions under which the department shall refuse to accept
1216 bonds on contracts when a surety wrongfully fails or refuses to
1217 settle or provide a defense for claims or actions arising under
1218 a contract for which the surety previously furnished a bond.
1219 Section 22. Subsection (3) of section 337.251, Florida
1220 Statutes, is amended to read:
1221 337.251 Lease of property for joint public-private
1222 development and areas above or below department property.—
1223 (3) A proposal must be selected by the department based on
1224 competitive bidding, except that the department may consider
1225 other relevant factors specified in the request for proposals.
Page 49 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1226 The department may consider such factors as the value of
1227 property exchanges, the cost of construction, and other
1228 recurring costs for the benefit of the department by the lessee
1229 in lieu of direct revenue to the department if such other
1230 factors are of equal value including innovative proposals to
1231 involve small minority businesses. The department may name a
1232 board of advisers which may be composed of accountants, real
1233 estate appraisers, design engineers, or other experts
1234 experienced in the type of development proposed. The board of
1235 advisers shall review the feasibility of the proposals,
1236 recommend acceptance or rejection of each proposal, and rank
1237 each feasible proposal in the order of technical feasibility and
1238 benefit provided to the department. The board of advisers shall
1239 be reasonably compensated for the services provided and all
1240 department costs for evaluating the proposals shall be
1241 reimbursed from a proposal application fee to be set by the
1242 department and paid by the applicants. The board of advisers
1243 shall not be subject to selection under the provisions of
1244 chapter 287.
1245 Section 23. Subsection (4) of section 337.406, Florida
1246 Statutes, is amended to read:
1247 337.406 Unlawful use of state transportation facility
1248 right-of-way; penalties.—
1249 (4) Camping is prohibited on any portion of the right-of-
1250 way of the State Highway System. This subsection does not apply
Page 50 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1251 to persons who are actively navigating the federally designated
1252 Florida National Scenic Trail as recognized in s. 260.012(6) and
1253 have acquired the associated permits that is within 100 feet of
1254 a bridge, causeway, overpass, or ramp.
1255 Section 24. Subsection (4) of section 338.227, Florida
1256 Statutes, is amended to read:
1257 338.227 Turnpike revenue bonds.—
1258 (4) The Department of Transportation and the Department of
1259 Management Services shall create and implement an outreach
1260 program designed to enhance the participation of small minority
1261 persons and minority business enterprises in all contracts
1262 entered into on or after July 1, 2025, by their respective
1263 departments for services related to the financing of department
1264 projects for the Strategic Intermodal System Plan developed
1265 pursuant to s. 339.64. These services shall include, but are not
1266 limited to, bond counsel and bond underwriters.
1267 Section 25. Subsection (3) of section 339.2816, Florida
1268 Statutes, is amended to read:
1269 339.2816 Small County Road Assistance Program.—
1270 (3) Beginning in with fiscal year 2025-2026 1999-2000
1271 until fiscal year 2009-2010, and beginning again with fiscal
1272 year 2012-2013, up to $50 $25 million annually from the State
1273 Transportation Trust Fund may be used for the purposes of
1274 funding the Small County Road Assistance Program as described in
1275 this section.
Page 51 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1276 Section 26. Subsections (2), (7), and (8) of section
1277 339.2818, Florida Statutes, are amended to read:
1278 339.2818 Small County Outreach Program.—
1279 (2) For the purposes of this section, the term "small
1280 county" means any county that has a population of 200,000 or
1281 less as determined by the most recent official estimate pursuant
1282 to s. 186.901. The term includes:
1283 (a) A municipality within a rural area of opportunity
1284 designated under s. 288.0656(7)(a), which may compete for the
1285 additional project funding using the criteria listed in
1286 paragraph (4)(c) at up to 100 percent of project costs,
1287 excluding capacity improvement projects.
1288 (b) A local government either wholly or partially within
1289 the Everglades Agricultural Area as defined in s. 373.4592(15),
1290 the Peace River Basin, or the Suwannee River Basin, which may
1291 compete for additional funding using the criteria listed in
1292 paragraph (4)(c) at up to 100 percent of project costs on state
1293 or county roads used primarily as farm-to-market connections
1294 between rural agricultural areas and market distribution
1295 centers, excluding capacity improvement projects.
1296 (7) Beginning in fiscal year 2025-2026, and annually
1297 thereafter, at least $50 million from the State Transportation
1298 Trust Fund may be used for the purposes of funding the Small
1299 County Outreach Program Subject to a specific appropriation in
1300 addition to funds annually appropriated for projects under this
Page 52 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1301 section, A municipality within a rural area of opportunity or a
1302 rural area of opportunity community designated under s.
1303 288.0656(7)(a) may compete for the additional project funding
1304 using the criteria listed in subsection (4) at up to 100 percent
1305 of project costs, excluding capacity improvement projects.
1306 (8) Subject to a specific appropriation in addition to
1307 funds appropriated for projects under this section, A local
1308 government either wholly or partially within the Everglades
1309 Agricultural Area as defined in s. 373.4592(15), the Peace River
1310 Basin, or the Suwannee River Basin may compete for additional
1311 funding using the criteria listed in paragraph (4)(c) at up to
1312 100 percent of project costs on state or county roads used
1313 primarily as farm-to-market connections between rural
1314 agricultural areas and market distribution centers, excluding
1315 capacity improvement projects.
1316 Section 27. Paragraph (b) of subsection (3) and paragraph
1317 (c) of subsection (4) of section 339.2821, Florida Statutes, are
1318 amended to read:
1319 339.2821 Economic development transportation projects.—
1320 (3)
1321 (b) The department must ensure that it supports small
1322 businesses as defined in s. 337.027(2) small and minority
1323 businesses have equal access to participate in transportation
1324 projects funded pursuant to this section.
1325 (4) A contract between the department and a governmental
Page 53 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1326 body for a transportation project must:
1327 (c) Require that the governmental body provide the
1328 department with progress reports. Each progress report must
1329 contain:
1330 1. A narrative description of the work completed and
1331 whether the work is proceeding according to the transportation
1332 project schedule.;
1333 2. A description of each change order executed by the
1334 governmental body.;
1335 3. A budget summary detailing planned expenditures
1336 compared to actual expenditures.; and
1337 4. The identity of each small or minority business used as
1338 a contractor or subcontractor.
1339 Section 28. Subsections (3) and (7) of section 339.651,
1340 Florida Statutes, are amended to read:
1341 339.651 Strategic Intermodal System supply chain demands.—
1342 (3) The department may shall make up to $20 million
1343 available each year for fiscal years 2023-2024 through 2027-
1344 2028, from existing work program revenues, to fund projects that
1345 meet the public purpose of providing increased capacity and
1346 enhanced capabilities to move and store construction aggregate
1347 and transportation infrastructure-related materials. Applicants
1348 eligible for project funding under this section are seaports
1349 listed in s. 311.09 and rail lines and rail facilities.
1350 (7) This section shall stand repealed on July 1, 2028.
Page 54 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1351 Section 29. Paragraph (b) of subsection (6) of section
1352 341.051, Florida Statutes, is amended to read:
1353 341.051 Administration and financing of public transit and
1354 intercity bus service programs and projects.—
1355 (6) ANNUAL APPROPRIATION.—
1356 (b) If funds are allocated to projects that qualify for
1357 the New Starts Transit Program in the current fiscal year and a
1358 project will not be ready for production by June 30, the
1359 department must reallocate such funds for the purpose of the
1360 Strategic Intermodal System within the State Transportation
1361 Trust Fund for the next fiscal year The remaining unallocated
1362 New Starts Transit Program funds as of June 30, 2024, shall be
1363 reallocated for the purpose of the Strategic Intermodal System
1364 within the State Transportation Trust Fund. This paragraph
1365 expires June 30, 2026.
1366
1367 For purposes of this section, the term "net operating costs"
1368 means all operating costs of a project less any federal funds,
1369 fares, or other sources of income to the project.
1370 Section 30. Subsection (5) of section 348.754, Florida
1371 Statutes, is amended to read:
1372 348.754 Purposes and powers.—
1373 (5) The authority shall encourage the inclusion of local
1374 and small-, small-, minority-, and women-owned businesses in its
1375 procurement and contracting opportunities.
Page 55 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1376 Section 31. Subsection (2) of section 349.03, Florida
1377 Statutes, is amended, and subsection (4) is added to that
1378 section, to read:
1379 349.03 Jacksonville Transportation Authority.—
1380 (2) The governing body of the authority shall consist of
1381 seven members. Four Three members shall be appointed by the
1382 Governor and confirmed by the Senate. Of the four members
1383 appointed by the Governor, one member must be a resident of the
1384 City of Jacksonville and the remaining three members must be
1385 residents of Clay County, Duval County, or St. Johns County.
1386 Three members shall be appointed by the mayor of the City of
1387 Jacksonville subject to confirmation by the council of the City
1388 of Jacksonville. All The seventh member shall be the district
1389 secretary of the Department of Transportation serving in the
1390 district that contains the City of Jacksonville. Except for the
1391 seventh member, members appointed by the mayor of the City of
1392 Jacksonville must shall be residents and qualified electors of
1393 Duval County.
1394 (4) The authority shall:
1395 (a) Follow the department's small business program as
1396 described in s. 337.027.
1397 (b) Establish protocols and systems in accordance with the
1398 requirements established in s. 112.061(16) and s. 215.985(6) and
1399 (14) and post all related information on its publicly available
1400 website.
Page 56 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1401 Section 32. Sections 316.0741, 331.351, 337.125, 337.135,
1402 337.139, 339.0805, and 339.287, Florida Statutes, are repealed.
1403 Section 33. Paragraphs (j) and (m) of subsection (2) of
1404 section 110.205, Florida Statutes, are amended to read:
1405 110.205 Career service; exemptions.—
1406 (2) EXEMPT POSITIONS.—The exempt positions that are not
1407 covered by this part include the following:
1408 (j) The appointed secretaries and the State Surgeon
1409 General, assistant secretaries, deputy secretaries, and deputy
1410 assistant secretaries of all departments; the executive
1411 directors, assistant executive directors, deputy executive
1412 directors, and deputy assistant executive directors of all
1413 departments; the directors of all divisions and those positions
1414 determined by the department to have managerial responsibilities
1415 comparable to such positions, which positions include, but are
1416 not limited to, program directors, assistant program directors,
1417 district administrators, deputy district administrators, the
1418 Director of Central Operations Services of the Department of
1419 Children and Families, the State Transportation Development
1420 Administrator, the State Public Transportation and Modal
1421 Administrator, district secretaries, district directors of
1422 transportation development, transportation operations,
1423 transportation support, and the managers of the offices of the
1424 Department of Transportation specified in s. 20.23(4)(b) s.
1425 20.23(3)(b). Unless otherwise fixed by law, the department shall
Page 57 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1426 set the salary and benefits of these positions and the positions
1427 of county health department directors and county health
1428 department administrators of the Department of Health in
1429 accordance with the rules of the Senior Management Service.
1430 (m) All assistant division director, deputy division
1431 director, and bureau chief positions in any department, and
1432 those positions determined by the department to have managerial
1433 responsibilities comparable to such positions, which include,
1434 but are not limited to:
1435 1. Positions in the Department of Health and the
1436 Department of Children and Families which are assigned primary
1437 duties of serving as the superintendent or assistant
1438 superintendent of an institution.
1439 2. Positions in the Department of Corrections which are
1440 assigned primary duties of serving as the warden, assistant
1441 warden, colonel, or major of an institution or that are assigned
1442 primary duties of serving as the circuit administrator or deputy
1443 circuit administrator.
1444 3. Positions in the Department of Transportation which are
1445 assigned primary duties of serving as regional toll managers and
1446 managers of offices, as specified in s. 20.23(4)(b) and (5)(c)
1447 s. 20.23(3)(b) and (4)(c).
1448 4. Positions in the Department of Environmental Protection
1449 which are assigned the duty of an Environmental Administrator or
1450 program administrator.
Page 58 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1451 5. Positions in the Department of Health which are
1452 assigned the duties of Environmental Administrator, Assistant
1453 County Health Department Director, and County Health Department
1454 Financial Administrator.
1455 6. Positions in the Department of Highway Safety and Motor
1456 Vehicles which are assigned primary duties of serving as
1457 captains in the Florida Highway Patrol.
1458
1459 Unless otherwise fixed by law, the department shall set the
1460 salary and benefits of the positions listed in this paragraph in
1461 accordance with the rules established for the Selected Exempt
1462 Service.
1463 Section 34. Paragraph (d) of subsection (3) of section
1464 322.27, Florida Statutes, is amended to read:
1465 322.27 Authority of department to suspend or revoke driver
1466 license or identification card.—
1467 (3) There is established a point system for evaluation of
1468 convictions of violations of motor vehicle laws or ordinances,
1469 and violations of applicable provisions of s. 403.413(6)(b) when
1470 such violations involve the use of motor vehicles, for the
1471 determination of the continuing qualification of any person to
1472 operate a motor vehicle. The department is authorized to suspend
1473 the license of any person upon showing of its records or other
1474 good and sufficient evidence that the licensee has been
1475 convicted of violation of motor vehicle laws or ordinances, or
Page 59 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1476 applicable provisions of s. 403.413(6)(b), amounting to 12 or
1477 more points as determined by the point system. The suspension
1478 shall be for a period of not more than 1 year.
1479 (d) The point system shall have as its basic element a
1480 graduated scale of points assigning relative values to
1481 convictions of the following violations:
1482 1. Reckless driving, willful and wanton—4 points.
1483 2. Leaving the scene of a crash resulting in property
1484 damage of more than $50—6 points.
1485 3. Unlawful speed, or unlawful use of a wireless
1486 communications device, resulting in a crash—6 points.
1487 4. Passing a stopped school bus:
1488 a. Not causing or resulting in serious bodily injury to or
1489 death of another—4 points.
1490 b. Causing or resulting in serious bodily injury to or
1491 death of another—6 points.
1492 c. Points may not be imposed for a violation of passing a
1493 stopped school bus as provided in s. 316.172(1)(a) or (b) when
1494 enforced by a school bus infraction detection system pursuant to
1495 s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b)
1496 when enforced by a school bus infraction detection system
1497 pursuant to s. 316.173 may not be used for purposes of setting
1498 motor vehicle insurance rates.
1499 5. Unlawful speed:
1500 a. Not in excess of 15 miles per hour of lawful or posted
Page 60 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1501 speed—3 points.
1502 b. In excess of 15 miles per hour of lawful or posted
1503 speed—4 points.
1504 c. Points may not be imposed for a violation of unlawful
1505 speed as provided in s. 316.1895 or s. 316.183 when enforced by
1506 a traffic infraction enforcement officer pursuant to s.
1507 316.1896. In addition, a violation of s. 316.1895 or s. 316.183
1508 when enforced by a traffic infraction enforcement officer
1509 pursuant to s. 316.1896 may not be used for purposes of setting
1510 motor vehicle insurance rates.
1511 6. A violation of a traffic control signal device as
1512 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
1513 However, points may not be imposed for a violation of s.
1514 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1515 stop at a traffic signal and when enforced by a traffic
1516 infraction enforcement officer. In addition, a violation of s.
1517 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1518 stop at a traffic signal and when enforced by a traffic
1519 infraction enforcement officer may not be used for purposes of
1520 setting motor vehicle insurance rates.
1521 7. Unlawfully driving a vehicle through a railroad-highway
1522 grade crossing—6 points.
1523 8. All other moving violations (including parking on a
1524 highway outside the limits of a municipality)—3 points. However,
1525 points may not be imposed for a violation of s. 316.0741 or s.
Page 61 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1526 316.2065(11); and points may be imposed for a violation of s.
1527 316.1001 only when imposed by the court after a hearing pursuant
1528 to s. 318.14(5).
1529 9. Any moving violation covered in this paragraph,
1530 excluding unlawful speed and unlawful use of a wireless
1531 communications device, resulting in a crash—4 points.
1532 10. Any conviction under s. 403.413(6)(b)—3 points.
1533 11. Any conviction under s. 316.0775(2)—4 points.
1534 12. A moving violation covered in this paragraph which is
1535 committed in conjunction with the unlawful use of a wireless
1536 communications device within a school safety zone—2 points, in
1537 addition to the points assigned for the moving violation.
1538 Section 35. Subsection (13) of section 365.172, Florida
1539 Statutes, is amended to read:
1540 365.172 Emergency communications.—
1541 (13) FACILITATING EMERGENCY COMMUNICATIONS SERVICE
1542 IMPLEMENTATION.—To balance the public need for reliable
1543 emergency communications services through reliable wireless
1544 systems and the public interest served by governmental zoning
1545 and land development regulations and notwithstanding any other
1546 law or local ordinance to the contrary, the following standards
1547 shall apply to a local government's actions, as a regulatory
1548 body, in the regulation of the placement, construction, or
1549 modification of a wireless communications facility. This
1550 subsection may not, however, be construed to waive or alter the
Page 62 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1551 provisions of s. 286.011 or s. 286.0115. For the purposes of
1552 this subsection only, "local government" shall mean any
1553 municipality or county and any agency of a municipality or
1554 county only. The term "local government" does not, however,
1555 include any airport, as defined in s. 330.27 by s. 330.27(2),
1556 even if it is owned or controlled by or through a municipality,
1557 county, or agency of a municipality or county. Further,
1558 notwithstanding anything in this section to the contrary, this
1559 subsection does not apply to or control a local government's
1560 actions as a property or structure owner in the use of any
1561 property or structure owned by such entity for the placement,
1562 construction, or modification of wireless communications
1563 facilities. In the use of property or structures owned by the
1564 local government, however, a local government may not use its
1565 regulatory authority so as to avoid compliance with, or in a
1566 manner that does not advance, the provisions of this subsection.
1567 (a) Colocation among wireless providers is encouraged by
1568 the state.
1569 1.a. Colocations on towers, including nonconforming
1570 towers, that meet the requirements in sub-sub-subparagraphs (I),
1571 (II), and (III), are subject to only building permit review,
1572 which may include a review for compliance with this
1573 subparagraph. Such colocations are not subject to any design or
1574 placement requirements of the local government's land
1575 development regulations in effect at the time of the colocation
Page 63 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1576 that are more restrictive than those in effect at the time of
1577 the initial antennae placement approval, to any other portion of
1578 the land development regulations, or to public hearing review.
1579 This sub-subparagraph may not preclude a public hearing for any
1580 appeal of the decision on the colocation application.
1581 (I) The colocation does not increase the height of the
1582 tower to which the antennae are to be attached, measured to the
1583 highest point of any part of the tower or any existing antenna
1584 attached to the tower;
1585 (II) The colocation does not increase the ground space
1586 area, commonly known as the compound, approved in the site plan
1587 for equipment enclosures and ancillary facilities; and
1588 (III) The colocation consists of antennae, equipment
1589 enclosures, and ancillary facilities that are of a design and
1590 configuration consistent with all applicable regulations,
1591 restrictions, or conditions, if any, applied to the initial
1592 antennae placed on the tower and to its accompanying equipment
1593 enclosures and ancillary facilities and, if applicable, applied
1594 to the tower supporting the antennae. Such regulations may
1595 include the design and aesthetic requirements, but not
1596 procedural requirements, other than those authorized by this
1597 section, of the local government's land development regulations
1598 in effect at the time the initial antennae placement was
1599 approved.
1600 b. Except for a historic building, structure, site,
Page 64 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1601 object, or district, or a tower included in sub-subparagraph a.,
1602 colocations on all other existing structures that meet the
1603 requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
1604 to no more than building permit review, and an administrative
1605 review for compliance with this subparagraph. Such colocations
1606 are not subject to any portion of the local government's land
1607 development regulations not addressed herein, or to public
1608 hearing review. This sub-subparagraph may not preclude a public
1609 hearing for any appeal of the decision on the colocation
1610 application.
1611 (I) The colocation does not increase the height of the
1612 existing structure to which the antennae are to be attached,
1613 measured to the highest point of any part of the structure or
1614 any existing antenna attached to the structure;
1615 (II) The colocation does not increase the ground space
1616 area, otherwise known as the compound, if any, approved in the
1617 site plan for equipment enclosures and ancillary facilities;
1618 (III) The colocation consists of antennae, equipment
1619 enclosures, and ancillary facilities that are of a design and
1620 configuration consistent with any applicable structural or
1621 aesthetic design requirements and any requirements for location
1622 on the structure, but not prohibitions or restrictions on the
1623 placement of additional colocations on the existing structure or
1624 procedural requirements, other than those authorized by this
1625 section, of the local government's land development regulations
Page 65 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1626 in effect at the time of the colocation application; and
1627 (IV) The colocation consists of antennae, equipment
1628 enclosures, and ancillary facilities that are of a design and
1629 configuration consistent with all applicable restrictions or
1630 conditions, if any, that do not conflict with sub-sub-
1631 subparagraph (III) and were applied to the initial antennae
1632 placed on the structure and to its accompanying equipment
1633 enclosures and ancillary facilities and, if applicable, applied
1634 to the structure supporting the antennae.
1635 c. Regulations, restrictions, conditions, or permits of
1636 the local government, acting in its regulatory capacity, that
1637 limit the number of colocations or require review processes
1638 inconsistent with this subsection do not apply to colocations
1639 addressed in this subparagraph.
1640 d. If only a portion of the colocation does not meet the
1641 requirements of this subparagraph, such as an increase in the
1642 height of the proposed antennae over the existing structure
1643 height or a proposal to expand the ground space approved in the
1644 site plan for the equipment enclosure, where all other portions
1645 of the colocation meet the requirements of this subparagraph,
1646 that portion of the colocation only may be reviewed under the
1647 local government's regulations applicable to an initial
1648 placement of that portion of the facility, including, but not
1649 limited to, its land development regulations, and within the
1650 review timeframes of subparagraph (d)2., and the rest of the
Page 66 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1651 colocation shall be reviewed in accordance with this
1652 subparagraph. A colocation proposal under this subparagraph that
1653 increases the ground space area, otherwise known as the
1654 compound, approved in the original site plan for equipment
1655 enclosures and ancillary facilities by no more than a cumulative
1656 amount of 400 square feet or 50 percent of the original compound
1657 size, whichever is greater, shall, however, require no more than
1658 administrative review for compliance with the local government's
1659 regulations, including, but not limited to, land development
1660 regulations review, and building permit review, with no public
1661 hearing review. This sub-subparagraph does not preclude a public
1662 hearing for any appeal of the decision on the colocation
1663 application.
1664 2. If a colocation does not meet the requirements of
1665 subparagraph 1., the local government may review the application
1666 under the local government's regulations, including, but not
1667 limited to, land development regulations, applicable to the
1668 placement of initial antennae and their accompanying equipment
1669 enclosure and ancillary facilities.
1670 3. If a colocation meets the requirements of subparagraph
1671 1., the colocation may not be considered a modification to an
1672 existing structure or an impermissible modification of a
1673 nonconforming structure.
1674 4. The owner of the existing tower on which the proposed
1675 antennae are to be colocated shall remain responsible for
Page 67 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1676 compliance with any applicable condition or requirement of a
1677 permit or agreement, or any applicable condition or requirement
1678 of the land development regulations to which the existing tower
1679 had to comply at the time the tower was permitted, including any
1680 aesthetic requirements, provided the condition or requirement is
1681 not inconsistent with this paragraph.
1682 5. An existing tower, including a nonconforming tower, may
1683 be structurally modified in order to permit colocation or may be
1684 replaced through no more than administrative review and building
1685 permit review, and is not subject to public hearing review, if
1686 the overall height of the tower is not increased and, if a
1687 replacement, the replacement tower is a monopole tower or, if
1688 the existing tower is a camouflaged tower, the replacement tower
1689 is a like-camouflaged tower. This subparagraph may not preclude
1690 a public hearing for any appeal of the decision on the
1691 application.
1692 (b)1. A local government's land development and
1693 construction regulations for wireless communications facilities
1694 and the local government's review of an application for the
1695 placement, construction, or modification of a wireless
1696 communications facility shall only address land development or
1697 zoning issues. In such local government regulations or review,
1698 the local government may not require information on or evaluate
1699 a wireless provider's business decisions about its service,
1700 customer demand for its service, or quality of its service to or
Page 68 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1701 from a particular area or site, unless the wireless provider
1702 voluntarily offers this information to the local government. In
1703 such local government regulations or review, a local government
1704 may not require information on or evaluate the wireless
1705 provider's designed service unless the information or materials
1706 are directly related to an identified land development or zoning
1707 issue or unless the wireless provider voluntarily offers the
1708 information. Information or materials directly related to an
1709 identified land development or zoning issue may include, but are
1710 not limited to, evidence that no existing structure can
1711 reasonably be used for the antennae placement instead of the
1712 construction of a new tower, that residential areas cannot be
1713 served from outside the residential area, as addressed in
1714 subparagraph 3., or that the proposed height of a new tower or
1715 initial antennae placement or a proposed height increase of a
1716 modified tower, replacement tower, or colocation is necessary to
1717 provide the provider's designed service. Nothing in this
1718 paragraph shall limit the local government from reviewing any
1719 applicable land development or zoning issue addressed in its
1720 adopted regulations that does not conflict with this section,
1721 including, but not limited to, aesthetics, landscaping, land
1722 use-based location priorities, structural design, and setbacks.
1723 2. Any setback or distance separation required of a tower
1724 may not exceed the minimum distance necessary, as determined by
1725 the local government, to satisfy the structural safety or
Page 69 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1726 aesthetic concerns that are to be protected by the setback or
1727 distance separation.
1728 3. A local government may exclude the placement of
1729 wireless communications facilities in a residential area or
1730 residential zoning district but only in a manner that does not
1731 constitute an actual or effective prohibition of the provider's
1732 service in that residential area or zoning district. If a
1733 wireless provider demonstrates to the satisfaction of the local
1734 government that the provider cannot reasonably provide its
1735 service to the residential area or zone from outside the
1736 residential area or zone, the municipality or county and
1737 provider shall cooperate to determine an appropriate location
1738 for a wireless communications facility of an appropriate design
1739 within the residential area or zone. The local government may
1740 require that the wireless provider reimburse the reasonable
1741 costs incurred by the local government for this cooperative
1742 determination. An application for such cooperative determination
1743 may not be considered an application under paragraph (d).
1744 4. A local government may impose a reasonable fee on
1745 applications to place, construct, or modify a wireless
1746 communications facility only if a similar fee is imposed on
1747 applicants seeking other similar types of zoning, land use, or
1748 building permit review. A local government may impose fees for
1749 the review of applications for wireless communications
1750 facilities by consultants or experts who conduct code compliance
Page 70 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1751 review for the local government but any fee is limited to
1752 specifically identified reasonable expenses incurred in the
1753 review. A local government may impose reasonable surety
1754 requirements to ensure the removal of wireless communications
1755 facilities that are no longer being used.
1756 5. A local government may impose design requirements, such
1757 as requirements for designing towers to support colocation or
1758 aesthetic requirements, except as otherwise limited in this
1759 section, but may not impose or require information on compliance
1760 with building code type standards for the construction or
1761 modification of wireless communications facilities beyond those
1762 adopted by the local government under chapter 553 and that apply
1763 to all similar types of construction.
1764 (c) Local governments may not require wireless providers
1765 to provide evidence of a wireless communications facility's
1766 compliance with federal regulations, except evidence of
1767 compliance with applicable Federal Aviation Administration
1768 requirements under 14 C.F.R. part 77, as amended, and evidence
1769 of proper Federal Communications Commission licensure, or other
1770 evidence of Federal Communications Commission authorized
1771 spectrum use, but may request the Federal Communications
1772 Commission to provide information as to a wireless provider's
1773 compliance with federal regulations, as authorized by federal
1774 law.
1775 (d)1. A local government shall grant or deny each properly
Page 71 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1776 completed application for a colocation under subparagraph (a)1.
1777 based on the application's compliance with the local
1778 government's applicable regulations, as provided for in
1779 subparagraph (a)1. and consistent with this subsection, and
1780 within the normal timeframe for a similar building permit review
1781 but in no case later than 45 business days after the date the
1782 application is determined to be properly completed in accordance
1783 with this paragraph.
1784 2. A local government shall grant or deny each properly
1785 completed application for any other wireless communications
1786 facility based on the application's compliance with the local
1787 government's applicable regulations, including but not limited
1788 to land development regulations, consistent with this subsection
1789 and within the normal timeframe for a similar type review but in
1790 no case later than 90 business days after the date the
1791 application is determined to be properly completed in accordance
1792 with this paragraph.
1793 3.a. An application is deemed submitted or resubmitted on
1794 the date the application is received by the local government. If
1795 the local government does not notify the applicant in writing
1796 that the application is not completed in compliance with the
1797 local government's regulations within 20 business days after the
1798 date the application is initially submitted or additional
1799 information resubmitted, the application is deemed, for
1800 administrative purposes only, to be properly completed and
Page 72 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1801 properly submitted. However, the determination may not be deemed
1802 as an approval of the application. If the application is not
1803 completed in compliance with the local government's regulations,
1804 the local government shall so notify the applicant in writing
1805 and the notification must indicate with specificity any
1806 deficiencies in the required documents or deficiencies in the
1807 content of the required documents which, if cured, make the
1808 application properly completed. Upon resubmission of information
1809 to cure the stated deficiencies, the local government shall
1810 notify the applicant, in writing, within the normal timeframes
1811 of review, but in no case longer than 20 business days after the
1812 additional information is submitted, of any remaining
1813 deficiencies that must be cured. Deficiencies in document type
1814 or content not specified by the local government do not make the
1815 application incomplete. Notwithstanding this sub-subparagraph,
1816 if a specified deficiency is not properly cured when the
1817 applicant resubmits its application to comply with the notice of
1818 deficiencies, the local government may continue to request the
1819 information until such time as the specified deficiency is
1820 cured. The local government may establish reasonable timeframes
1821 within which the required information to cure the application
1822 deficiency is to be provided or the application will be
1823 considered withdrawn or closed.
1824 b. If the local government fails to grant or deny a
1825 properly completed application for a wireless communications
Page 73 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1826 facility within the timeframes set forth in this paragraph, the
1827 application shall be deemed automatically approved and the
1828 applicant may proceed with placement of the facilities without
1829 interference or penalty. The timeframes specified in
1830 subparagraph 2. may be extended only to the extent that the
1831 application has not been granted or denied because the local
1832 government's procedures generally applicable to all other
1833 similar types of applications require action by the governing
1834 body and such action has not taken place within the timeframes
1835 specified in subparagraph 2. Under such circumstances, the local
1836 government must act to either grant or deny the application at
1837 its next regularly scheduled meeting or, otherwise, the
1838 application is deemed to be automatically approved.
1839 c. To be effective, a waiver of the timeframes set forth
1840 in this paragraph must be voluntarily agreed to by the applicant
1841 and the local government. A local government may request, but
1842 not require, a waiver of the timeframes by the applicant, except
1843 that, with respect to a specific application, a one-time waiver
1844 may be required in the case of a declared local, state, or
1845 federal emergency that directly affects the administration of
1846 all permitting activities of the local government.
1847 (e) The replacement of or modification to a wireless
1848 communications facility, except a tower, that results in a
1849 wireless communications facility not readily discernibly
1850 different in size, type, and appearance when viewed from ground
Page 74 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1851 level from surrounding properties, and the replacement or
1852 modification of equipment that is not visible from surrounding
1853 properties, all as reasonably determined by the local
1854 government, are subject to no more than applicable building
1855 permit review.
1856 (f) Any other law to the contrary notwithstanding, the
1857 Department of Management Services shall negotiate, in the name
1858 of the state, leases for wireless communications facilities that
1859 provide access to state government-owned property not acquired
1860 for transportation purposes, and the Department of
1861 Transportation shall negotiate, in the name of the state, leases
1862 for wireless communications facilities that provide access to
1863 property acquired for state rights-of-way. On property acquired
1864 for transportation purposes, leases shall be granted in
1865 accordance with s. 337.251. On other state government-owned
1866 property, leases shall be granted on a space available, first-
1867 come, first-served basis. Payments required by state government
1868 under a lease must be reasonable and must reflect the market
1869 rate for the use of the state government-owned property. The
1870 Department of Management Services and the Department of
1871 Transportation are authorized to adopt rules for the terms and
1872 conditions and granting of any such leases.
1873 (g) If any person adversely affected by any action, or
1874 failure to act, or regulation, or requirement of a local
1875 government in the review or regulation of the wireless
Page 75 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1876 communication facilities files an appeal or brings an
1877 appropriate action in a court or venue of competent
1878 jurisdiction, following the exhaustion of all administrative
1879 remedies, the matter shall be considered on an expedited basis.
1880 Section 36. Subsection (2) of section 379.2293, Florida
1881 Statutes, is amended to read:
1882 379.2293 Airport activities within the scope of a
1883 federally approved wildlife hazard management plan or a federal
1884 or state permit or other authorization for depredation or
1885 harassment.—
1886 (2) An airport authority or other entity owning or
1887 operating an airport, as defined in s. 330.27 s. 330.27(2), is
1888 not subject to any administrative or civil penalty, restriction,
1889 or other sanction with respect to any authorized action taken in
1890 a non-negligent manner for the purpose of protecting human life
1891 or aircraft safety from wildlife hazards.
1892 Section 37. Subsection (22) of section 493.6101, Florida
1893 Statutes, is amended to read:
1894 493.6101 Definitions.—
1895 (22) "Repossession" means the recovery of a motor vehicle
1896 as defined under s. 320.01(1), a mobile home as defined in s.
1897 320.01(2), a motorboat as defined under s. 327.02, an aircraft
1898 as defined in s. 330.27 s. 330.27(1), a personal watercraft as
1899 defined in s. 327.02, an all-terrain vehicle as defined in s.
1900 316.2074, farm equipment as defined under s. 686.402, or
Page 76 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1901 industrial equipment, by an individual who is authorized by the
1902 legal owner, lienholder, or lessor to recover, or to collect
1903 money payment in lieu of recovery of, that which has been sold
1904 or leased under a security agreement that contains a
1905 repossession clause. As used in this subsection, the term
1906 "industrial equipment" includes, but is not limited to,
1907 tractors, road rollers, cranes, forklifts, backhoes, and
1908 bulldozers. The term "industrial equipment" also includes other
1909 vehicles that are propelled by power other than muscular power
1910 and that are used in the manufacture of goods or used in the
1911 provision of services. A repossession is complete when a
1912 licensed recovery agent is in control, custody, and possession
1913 of such repossessed property. Property that is being repossessed
1914 shall be considered to be in the control, custody, and
1915 possession of a recovery agent if the property being repossessed
1916 is secured in preparation for transport from the site of the
1917 recovery by means of being attached to or placed on the towing
1918 or other transport vehicle or if the property being repossessed
1919 is being operated or about to be operated by an employee of the
1920 recovery agency.
1921 Section 38. Paragraph (c) of subsection (1) of section
1922 493.6403, Florida Statutes, is amended to read:
1923 493.6403 License requirements.—
1924 (1) In addition to the license requirements set forth in
1925 this chapter, each individual or agency shall comply with the
Page 77 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1926 following additional requirements:
1927 (c) An applicant for a Class "E" license shall have at
1928 least 1 year of lawfully gained, verifiable, full-time
1929 experience in one, or a combination of more than one, of the
1930 following:
1931 1. Repossession of motor vehicles as defined in s.
1932 320.01(1), mobile homes as defined in s. 320.01(2), motorboats
1933 as defined in s. 327.02, aircraft as defined in s. 330.27 s.
1934 330.27(1), personal watercraft as defined in s. 327.02, all-
1935 terrain vehicles as defined in s. 316.2074, farm equipment as
1936 defined under s. 686.402, or industrial equipment as defined in
1937 s. 493.6101(22).
1938 2. Work as a Class "EE" licensed intern.
1939 Section 39. This act shall take effect July 1, 2025.
Page 78 of 78
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1397
File and source
- File
- 2025-03-25_3286_economic-infrastructure-subcommittee_meeting-packets_mtg14679.pdf
- Size
- 5,093,107 bytes
- SHA-256
- 0c0a9106b14398af360eb865157e4201becd0b0a47c27a8175f7f379ced22703
- Original
- No public link identified.