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Transportation & Economic Development Budget Subcommittee — Committee Meeting Notice (April 2, 2025)

Summary

This packet for the Florida House of Representatives Transportation & Economic Development Budget Subcommittee meeting on Wednesday, April 2, 2025, at 1:30 PM in Mashburn Hall begins with a meeting notice listing HB 1165 Mobile Cranes and Accessory Support Vehicles by Owen and CS/HB 1397 Transportation. The staff analysis of HB 1165 says the bill authorizes the Florida Department of Transportation (FDOT) to issue special blanket permits so that mobile cranes and accessory support vehicles up to 12 feet wide, 14 feet 6 inches high, and 100 feet long can travel on and off the Interstate Highway System at all hours, subject to local curfews. It states an effective date of July 1, 2025. The packet also contains the bill analysis and a committee amendment for CS/HB 1397.

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

Issuer
Congressional materials
Document type
2025 04 02 3284 Transportation Economic Development Budget Subcommittee Meeting Packets Fn
Date
2025-04-02
Case
2025 04 02 3284 Transportation Economic Development Budget Subcommittee Meeting Packets Fn Ted 4 2 25

Cite this document

“Transportation & Economic Development Budget Subcommittee — Committee Meeting Notice (April 2, 2025).” Original at www.flhouse.gov, dated 2025-04-02. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-04-02-2025-04-02-3284-transportation-economic-development-budget-subcommittee-meeting-packets-fn-ted-4-2-25/, SHA-256 7c3cfccee74681931e8420eecca0a6682cb8e274deaf536cd6ecef3e0fc7749e.

Full text

       Transportation & Economic
    Development Budget Subcommittee
               Wednesday, April 2, 2025
                      1:30 PM
               Mashburn Hall (314 HOB)




Daniel Perez                              Jason Shoaf
Speaker                                         Chair
                                      Committee Meeting Notice
                                            HOUSE OF REPRESENTATIVES




                     Transportation & Economic Development Budget Subcommittee

Start Date and Time:             Wednesday, April 02, 2025 01:30 PM

End Date and Time:               Wednesday, April 02, 2025 03:30 PM

Location:                        Mashburn Hall (314 HOB)
Duration:                        2.00 hrs


Consideration of the following bill(s):

HB 1165 Mobile Cranes and Accessory Support Vehicles by Owen
CS/HB 1397 Transportation by Economic Infrastructure Subcommittee, Abbott, Bankson




                                 NOTICE FINALIZED on 03/31/2025 4:33PM by SKB


 03/31/2025    04:33:05PM                               Leagis ®                     Page 1 of 1
HB 1165
                                      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 1165                                      COMPANION BILL: CS/SB 1502 (Collins)
TITLE: Mobile Cranes and Accessory Support Vehicles LINKED BILLS: None
SPONSOR(S): Owen                                     RELATED BILLS: None
Committee References
    Economic Infrastructure             Transportation & Economic                 Commerce
            17 Y, 0 N                      Development Budget      

SUMMARY
Effect of the Bill:
The bill authorizes the Florida Department of Transportation (FDOT) to issue special blanket permits that allow:
    • Mobile cranes and accessory support vehicles up to a specified size to travel on and off the Interstate
         Highway System at all hours, subject to local curfews.
    • Mobile cranes operating on and off Interstate highways to tow certain motor vehicles, subject to a
         combined weight limit.
    • Mobile cranes and accessory support vehicles which, due to their design for use, exceed established weight
         limits for travel on and off Interstate highways.

Fiscal or Economic Impact:
None.


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ANALYSIS
EFFECT OF THE BILL:
The bill authorizes FDOT to issue a special blanket permit to mobile cranes and accessory support vehicles to
travel on and off the Interstate Highway System at all hours. To receive such a permit, mobile crane and accessory
support vehicle dimensions must not exceed 12 feet wide, 14 feet 6 inches high, and 100 feet long. Any local travel-
related curfews still apply. (Section 2).

The bill also allows FDOT to issue a special blanket permit to mobile cranes operating on and off the Interstate
Highway System to tow certain motor vehicles. (Section 2).

The bill allows FDOT to issue a special blanket permit to mobile cranes and accessory support vehicles which
exceed the weight limits established under s. 316.535 to travel on and off the Interstate Highway System. (Section
2).

Additionally, the bill revises the definition of “special mobile equipment” to include mobile cranes, accessory
support vehicles, and self-propelled earthmoving equipment. (Section 1).

The bill has an effective date of July 1, 2025. (Section 3).




STORAGE NAME: h1165b.TED
DATE: 4/1/2025
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RELEVANT INFORMATION
SUBJECT OVERVIEW:
Special Mobile Equipment
Florida law defines “special mobile equipment” as any vehicle not designated or used primarily for the
transportation of persons or property and only incidentally operated or moved over a highway. Special mobile
equipment includes, but is not limited to, ditchdigging apparatus, well-boring apparatus, and road construction and
maintenance machinery, such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck
tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earthmoving
carryalls and scrapers, power shovels and draglines, and self-propelled cranes and earthmoving equipment.

Special mobile equipment does not include house trailers, dump trucks, truck-mounted transit mixers, cranes or
shovels, or other vehicles designed for the transportation of persons or property to which machinery has been
attached. 1

Special Permits for Oversize or Overweight Vehicles
FDOT has jurisdiction to control traffic over all state roads throughout Florida. FDOT has the authority to regulate,
warn, or guide traffic as it deems necessary. 2 No vehicle or combination of vehicles exceeding established gross
weight provisions are permitted to travel on the public highways of the state unless specifically provided by law. 3
Local authorities do not have the power to alter this limitation unless the Legislature has expressly granted
authority under ch. 316, F.S. 4

To operate on public roads, oversized or overweight vehicles must obtain a special permit from the appropriate
governing jurisdiction. 5 FDOT or the local authority may, at its discretion, issue or withhold a permit. If a permit is
issued, FDOT or the local authority may limit or prescribe the conditions of operation of such vehicle or vehicles. 6
Under DOT guidelines, blanket permits are issued to cover multiple trips for a period not to exceed 12 months. 7

Current Law
Special permits may authorize a self-propelled truck crane operating off the Interstate Highway System to tow
certain vehicles. 8

For nighttime movement, when FDOT’s criteria for issuing a permit are met, FDOT must issue a permit provided
that:
    • Nighttime travel is recommended by the appropriate FDOT District Traffic Engineering office or
       determined to be a permit requirement.
    • Law enforcement escorts are used.
    • Warning lights delineate the load’s shape and size.
    • The sides and rear of trailers and loads are as prescribed in state law and federal regulations. 9




1 S. 316.003(83), F.S.
2 S. 316.006(1), F.S.
3 The gross weight imposed on the highway by the wheels of any one axle of a vehicle cannot exceed 20,000 pounds. S.

316.535, F.S.
4 S. 316.500, F.S.
5 S. 316.550(1), F.S.
6 S. 316.550(2), F.S.
7 Florida Department of Transportation, WHEN DO YOU NEED A PERMIT,

https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/maintenance/str/owodp/when-do-you-need-a-
permit.pdf?sfvrsn=45e8edf1_0 (last visited March 17, 2025).
8 The towed motor vehicle may not weigh more than 5,000 pounds if the combined weight of the crane and the vehicle does

not exceed 95,000 pounds. S. 316.550(3), F.S.; Florida Department of Transportation, Blanket Permit Movement Conditions,
blanket-permit-movement-conditions-02-13-2020.pdf (last visited March 17, 2025).
9 Rule 14-26.012(5)(f), F.A.C.


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                                BILL HISTORY
                                                          STAFF
                                                        DIRECTOR/       ANALYSIS
COMMITTEE REFERENCE          ACTION         DATE       POLICY CHIEF   PREPARED BY
Economic Infrastructure      17 Y, 0 N    3/19/2025       Keating        Garcia
Subcommittee
Transportation & Economic                                  Davis         McAuliffe
Development Budget
Subcommittee
Commerce Committee




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           HB 1165                                                                                               2025




    1                                         A bill to be entitled
    2                An act relating to mobile cranes and accessory support
    3                vehicles; amending s. 316.003, F.S.; revising the
    4                definition of the term "special mobile equipment";
    5                amending s. 316.550, F.S.; authorizing the Department
    6                of Transportation to issue a special blanket permit
    7                for a mobile crane operating on and off the Interstate
    8                Highway System to tow a certain motor vehicle;
    9                authorizing the department to issue a special blanket
10                   permit for a mobile crane and accessory support
11                   vehicle of certain dimensions to travel on and off the
12                   Interstate Highway System at all hours, subject to
13                   local restrictions; authorizing the department to
14                   issue a special blanket permit for a mobile crane and
15                   accessory support vehicle exceeding certain weight
16                   limits to travel on and off the Interstate Highway
17                   System; providing an effective date.
18
19         Be It Enacted by the Legislature of the State of Florida:
20
21                   Section 1.       Subsection (83) of section 316.003, Florida
22         Statutes, is amended to read:
23                   316.003     Definitions.—The following words and phrases, when
24         used in this chapter, shall have the meanings respectively
25         ascribed to them in this section, except where the context

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                                                                                                                hb1165-00
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        HB 1165                                                                                               2025




26      otherwise requires:
27                (83)        SPECIAL MOBILE EQUIPMENT.—Any vehicle not designed or
28      used primarily for the transportation of persons or property and
29      only incidentally operated or moved over a highway, including,
30      but not limited to, ditchdigging apparatus, well-boring
31      apparatus, and road construction and maintenance machinery, such
32      as asphalt spreaders, bituminous mixers, bucket loaders,
33      tractors other than truck tractors, ditchers, leveling graders,
34      finishing machines, motor graders, road rollers, scarifiers,
35      earthmoving carryalls and scrapers, power shovels and draglines,
36      mobile and self-propelled cranes and accessory support vehicles,
37      and self-propelled earthmoving equipment. The term does not
38      include house trailers, dump trucks, truck-mounted transit
39      mixers, cranes or shovels, or other vehicles designed for the
40      transportation of persons or property to which machinery has
41      been attached.
42                Section 2.        Subsection (3) of section 316.550, Florida
43      Statutes, is amended to read:
44                316.550       Operations not in conformity with law; special
45      permits.—
46                (3)(a)       The Department of Transportation may issue a mobile
47      crane special blanket permit to authorize a mobile A permit may
48      authorize a self-propelled truck crane operating on and off the
49      Interstate Highway System to tow a motor vehicle which does not
50      weigh more than 5,000 pounds if the combined weight of the crane

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        HB 1165                                                                                               2025




51      and such motor vehicle does not exceed 95,000 pounds.
52      Notwithstanding s. 320.01(7) or (12), truck cranes that tow
53      another motor vehicle under the provision of this subsection
54      shall be taxed under the provisions of s. 320.08(5)(b).
55                (b)     The Department of Transportation may issue a mobile
56      crane special blanket permit to authorize a mobile crane and
57      accessory support vehicle of up to 12 feet wide, 14 feet 6
58      inches high, and 100 feet long to travel on and off the
59      Interstate Highway System at all hours except as restricted
60      under local travel-related curfews.
61                (c)     The Department of Transportation may issue a mobile
62      crane special blanket permit to authorize a mobile crane and
63      accessory support vehicle which, due to its design for use,
64      exceeds the weight limits established in s. 316.535 to travel on
65      and off the Interstate Highway System.
66                Section 3.       This act shall take effect July 1, 2025.




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                                                                                                             hb1165-00
CS/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 #: CS/HB 1397                                                      COMPANION BILL: CS/SB 1662 (Collins)
TITLE: Transportation                                                   LINKED BILLS: None
SPONSOR(S): Abbott, Bankson                                             RELATED BILLS: None
Committee References
    Economic Infrastructure                            Transportation & Economic                                     Commerce
         14 Y, 0 N, As CS                                Development Budget                     

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.
    • 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:
The bill authorizes, but does not necessarily require, additional funding within the FDOT Work Program for certain
infrastructure projects related to spaceports, airports, and seaports; and the bill also adjusts the maximum and
minimum funding levels for certain county programs. Any adjustments in spending will not have an overall
increase in state expenditures as these activities are funded within the confines of the Work Program as
appropriated by the Legislature. The workforce development requirements in the bill will have an indeterminate
fiscal impact, but the department can absorb these costs within existing resources.


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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.



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The bill expands the areas of program responsibility for which the FDOT Secretary may appoint deputy assistant
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

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.


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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.

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 FDOT 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




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.
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                                                                                                                               3
charter operation, 5 scheduled operation, 6 or supplemental operation. 7 The bill requires a private airport of public
interest 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 terms 8 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 facility 9 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)


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.
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.
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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
The bill requires each airport to submit annually to FDOT a comprehensive maintenance 10 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




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).
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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 body 14 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.

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)

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

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.
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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. 15 (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. 16 (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
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


15 S. 337.18, F.S.
16 S. 339.651(3), F.S.


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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 adopt 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)

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


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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 authorizes, but does not necessarily require, additional funding within the Work Program. The bill uses
permissive language allowing FDOT to fund certain infrastructure projects, including capacity projects, related to
spaceports, airports, and seaports; workforce development; and also adjusts the maximum amount of funding for
the Small County Road Assistance Program and the minimum amount of funding for the Small County Outreach
Program. Such projects or programs are funded within the confines of the Work Program and will not have an
increased impact on state expenditures. Funding for the Work Program is established in the annual General
Appropriations Act on a nonrecurring basis by the Legislature and these appropriations are tied to available
revenues. The bill also specifically requires FDOT to use current resources to carry out tasks related to the
adoption of advanced air mobility as a new mode of transportation, and provide education services related to the
growth of the aviation industry workforce.

The bill requires FDOT to appoint a department employee to be executive director of the Florida Transportation
Research Institute created in the bill, and gives the institute the ability to award grants from the State
Transportation Trust Fund. The bill specifies that state funding is allocated by the department to the institute. The
impact of this provision is indeterminate, but because there is no appropriation in the bill, and to the extent such
grants are awarded, funding will come from Work Program or other existing department operational resources.
The bill additionally creates and requires FDOT to coordinate the Florida Transportation Academy to prioritize the
continued need for transportation industry workforce development programs. Similarly, the fiscal impact of this
provision is indeterminate but is expected to be absorbed within existing department resources.

The FDOT has not provided a fiscal impact or policy analysis for this bill.


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. 17

Organization of FDOT

17 FDOT, About DOT, https://www.fdot.gov/agencyresources/aboutfdot.shtm (last visited Mar. 23, 2025).


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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. 18 Currently, these three assistant secretaries are the Assistant Secretary
for Engineering and Operations, the Assistant Secretary for Finance and Administration, and the Assistant
Secretary for Strategic Development. 19

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. 20 The Secretary may combine, separate, or delete these offices as needed in consultation with the
Executive Office of the Governor. 21

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. 22

The FTC is assigned to FDOT for administrative and fiscal purposes, but functions independently of the control and
direction of FDOT. 23

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. 24 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. 25

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. 26

Florida Seaport Transportation and Economic Development Program and Council



18 S. 20.23(1), F.S.
19 FDOT, Meet the Secretary and Executive Team, https://www.fdot.gov/info/moredot/mission.shtm (last visited Mar. 23,

2025).
20 These areas of program responsibility are listed in s. 20.23(3)(b), F.S.
21 s. 20.23(3)(b), F.S.
22 Florida Transportation Commission, About Us, http://www.ftc.state.fl.us/aboutus.shtm (last visited Mar. 23, 2025).
23 S. 20.23(2), F.S.
24 Id.
25 Id.
26 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).
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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
Everglades, Miami, Port Manatee, St. Petersburg, Putnam County, Tampa, Port St. Joe, Panama City, Pensacola, Key
West, and Fernandina. 27

The FSTED Council 28 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. 29 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. 30

Projects eligible for FSTED grant funding are limited to the following port facilities or port transportation
projects:31
    • 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 facilities 32 which are not otherwise part of the FDOT’s adopted work program.
    • Intermodal access projects.
    • Construction or rehabilitation of port facilities, 33 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.


27
   S. 311.09(1), F.S.
28
   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.
29
   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.
30
   S. 311.07(3), F.S.
31 S. 311.07(3)(b), F.S.
32
   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.
33 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.
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A minimum of $25 million annually must be made available from the State Transportation Trust Fund within the
FDOT to fund the FSTED Program, 34 and the FDOT is required to include at least $25 million in its annual
legislative budget request for the program. 35

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. 36

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. 37

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. 38

If the airport is public, then site approval must be granted after a favorable FDOT inspection of the proposed site. 39
If the airport is a private entity, then no inspection of the proposed site is required in order to receive approval. 40
Site approval may be granted subject to any reasonable conditions FDOT deems necessary to protect the public
health, safety, or welfare. 41

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. 42

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. 43

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. 44

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

34
   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.
35
   S. 311.09(9), F.S.
36 S. 311.09(1), F.S.
37 S. 311.09(3), F.S.
38 S. 330.30(1)(a), F.S.
39 S. 330.30(1)(b), F.S.
40 S. 330.30(1)(c), F.S.
41 S. 330.30(1)(f), F.S.
42 S. 330.30(1)(g), F.S.
43 S. 330.30(2)(a), F.S.
44 Id.


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helicopters. Their vertical take-off and landing capabilities and low speed flight are similar to a helicopter, while
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. 45

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 airports 46 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’ 47 proposed projects to be included in FDOT’s work program. The airport work program must
separately identify “development projects” 48 and “discretionary capacity improvement projects.” 49 The aviation
and airport work program must be consistent with the statewide aviation system plan 50 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. 51

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

45 FAA, Advanced Air Mobility | Air Taxis, https://www.faa.gov/air-taxis (last visited Mar. 23, 2025).
46 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.
47 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.
48 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.
49 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.
50 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.
51 S. 332.007(1)-(3), F.S.


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in support of the planning, design, and construction of proposed projects by local sponsors, with special emphasis
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. 52

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. 53

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. 54

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. 55

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. 56

Strategic Space Infrastructure Investment




52 S. 332.007(4)(a), F.S.
53 S. 332.007(4)(c), F.S.
54 S. 332.0075(2), F.S.
55 S. 332.075(5), F.S.
56 S. 332.075(6), F.S.


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Under s. 331.371, F.S., FDOT is authorized to, in consultation with Space Florida, 57 fund spaceport discretionary
capacity improvement projects 58 at up to 100 percent of the project’s cost if:
   • 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. 59

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. 60 To meet this requirement, it has adopted the U.S. Department of Transportation, Federal
Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). 61 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. 62

Small County Road Assistance Program

The Small County Road Assistance Program assists small county governments in resurfacing and reconstructing
county roads. 63 Up to $25 million annually is available to be allocated for funding this program. 64 Available funds
are allocated to FDOT’s districts based on the number of eligible counties. 65

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. 66

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




57 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.
58 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.
59 S. 331.371, F.S.
60 S. 316.0745(1), F.S.
61 R. 14-15.010, F.A.C.
62 S. 316.0745(7), F.S.
63 S. 339.2816, F.S.
64 Id.
65 FDOT, Small County Road Assistance Program, https://www.fdot.gov/programmanagement/LP/SCRAP/Default.shtm (last

visited Mar. 23, 2025).
66 S. 339.2816, F.S.


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county roads, or constructing capacity or safety improvements to county roads. 67 Available funds are allocated to
FDOT’s districts based on the number of eligible counties. 68

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. 69 Any initial bid costs or project overruns that exceed FDOT’s
participation are at the county’s expense. 70

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. 71

Jacksonville Transportation Authority

The Jacksonville Transportation Authority (JTA) is created as an agency of the state to serve the Jacksonville, Duval
County, metropolitan area. 72 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
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. 73

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. 74

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. 75
    • FDOT is required to give consideration to disadvantaged business enterprises when considering bids of
       qualified contractors. 76
    • 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. 77

67 S. 339.2818, F.S.
68 FDOT, Small County Outreach Program, https://www.fdot.gov/programmanagement/lp/scop/default.shtm (last visited Mar.

23, 2025).
69 S. 339.2818, F.S.
70 Supra, note 75.
71 FDOT, Florida's Strategic Intermodal System (SIS), https://www.fdot.gov/planning/systems/sis (last visited Mar. 23, 2025).
72 See ch. 349, F.S.
73 Jacksonville Transportation Authority, About JTA, https://www.jtafla.com/about-jta/ (last visited Mar. 23, 2025).
74 S. 349.03(2), F.S.
75 S. 334.045(1)(f), F.S.
76 S. 337.11(6)(c), F.S.
77 S. 338.27(4), F.S.


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    •    FDOT must ensure that small and minority businesses have equal access to participate in economic
         development transportation projects under s. 339.2821, F.S. 78
    •    The Central Florida Expressway Authority is required to encourage the inclusion of local, small, minority,
         and women-owned businesses in procuring and contracting opportunities. 79
    •    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. 80
    •    FDOT must provide socially and economically disadvantaged business enterprises with certain notices with
         regard to contracting practices. 81
    •    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. 82
    •    FDOT must develop and implement activities to encourage the participation of disadvantaged business
         enterprises in the contracting process. 83
    •    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. 84

Under current law, FDOT is authorized to implement a business development program for highway projects which
would assist small businesses. 85 For the purpose of this program, “small business” is defined as a business with
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. 86

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. 87

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. 88 The plan was completed and submitted by the July 1, 2021, deadline provided by the law. 89 The law does
not require further action beyond submission of the plan.


78 S. 339.2821(3)(b), F.S.
79 S. 348.754(5), F.S.
80 S. 331.351, F.S.
81 S. 337.125, F.S.
82 S. 337.135, F.S.
83 S. 337.139, F.S.
84 S. 339.0805, F.S.
85 S. 337.027(1), F.S.
86 S. 337.027(2), F.S.
87 S. 316.0741, F.S.
88 Ch. 2020-21, s. 3, Laws of Fla., codified at s. 339.287, F.S.
89 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).
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                                                         BILL HISTORY
                                                                                                    STAFF
                                                                                                  DIRECTOR/               ANALYSIS
COMMITTEE REFERENCE                                 ACTION                     DATE              POLICY CHIEF           PREPARED BY
Economic Infrastructure                          14 Y, 0 N, As CS            3/25/2025              Keating               Bauldree
Subcommittee
THE CHANGES ADOPTED BY THE                      •   Reinstated existing law pertaining to Legislative Budget Commission
COMMITTEE:                                          approval of certain matters.
                                                •   Reinstated existing provisions of the law related to the Florida
                                                    Transportation Commission.
                                                •   Reinstated existing law related to staffing of the Florida Ports Council
                                                    and port usage.
                                                •   Eliminated a provision related to the distribution of electricity sales tax
                                                    revenues to the STTF.
                                                •   Eliminated a provision that would authorize DOT to inspect certain
                                                    aspects of commercial service airport facilities.
                                                •   Eliminated provisions related to project consistency with state energy
                                                    policy.
                                                •   Removed provisions of the bill related to landscaping requirements for
                                                    transportation projects.
Transportation & Economic                                                                     Davis             McAuliffe
Development Budget
Subcommittee
Commerce Committee


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  THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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           CS/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

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        CS/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
29              recommendations included in the Florida Seaport
30              Mission Plan; requiring council members to submit
31              specified reports; amending s. 316.0745, F.S.;
32              specifying that any state funds may be withheld under
33              certain circumstances; amending s. 330.27, F.S.;
34              revising and providing definitions; amending s.
35              330.30, F.S.; requiring a private airport of public
36              interest to obtain a specified certificate; providing
37              procedures for the issuance of, conditions for the
38              renewal of, and the expiration periods of such
39              certificates; grandfathering in certain airports, but
40              requiring such airports to obtain a certificate by a
41              specified date; amending s. 331.371, F.S.; authorizing
42              the department, in consultation with other entities,
43              to fund certain projects associated with critical
44              infrastructure facilities; amending s. 332.003, F.S.;
45              revising a short title; amending s. 332.005, F.S.;
46              requiring an airport to provide support to the
47              department during a declared state of emergency;
48              amending s. 332.006, F.S.; revising duties of the
49              department; amending s. 332.007, F.S.; requiring
50              airports to submit an annual comprehensive maintenance

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        CS/HB 1397                                                                                           2025




51              program report to the department; providing reporting
52              requirements; defining the term "maintenance";
53              requiring airports to retain certain records;
54              authorizing the department to withhold certain state
55              funds under certain circumstances; requiring the
56              department to provide priority funding for certain
57              projects and technology; authorizing the department to
58              fund certain projects at postsecondary education
59              institutions; authorizing the department to fund, and
60              match funds provided by the Department of Commerce
61              for, programs that help transition certain military
62              personnel to the aviation industry; authorizing the
63              Department of Transportation to fund strategic airport
64              investment projects to maximize tourism opportunities;
65              amending s. 332.0075, F.S.; revising definitions;
66              requiring certain information to remain on a governing
67              body's website for 5 years; requiring certain
68              information to be updated quarterly rather than
69              annually; revising the information that certain
70              governing bodies must submit to the department;
71              providing requirements for commercial service
72              airports; creating s. 332.15, F.S.; providing
73              requirements for the department relating to advanced
74              air mobility; amending s. 334.044, F.S.; revising and
75              providing powers and duties of the department;

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         CS/HB 1397                                                                                           2025




76               amending s. 334.045, F.S.; conforming a provision to
77               changes made by the act; creating s. 334.62, F.S.;
78               providing legislative findings; creating the Florida
79               Transportation Academy for a specified purpose;
80               authorizing the department to work with certain
81               entities to support, promote, and sustain certain
82               workforce development efforts; authorizing the
83               department to coordinate with specified entities for
84               certain purposes; amending s. 335.182, F.S.; revising
85               the definition of the term "significant change";
86               defining the term "modification of a connection";
87               amending s. 335.187, F.S.; revising the conditions
88               under which the department may modify or revoke a
89               permit; amending s. 337.027, F.S.; revising the
90               definition of the term "small business"; amending ss.
91               337.11 and 337.251, F.S.; conforming provisions to
92               changes made by the act; amending s. 337.18, F.S.;
93               authorizing the department to require the amount of
94               certain bonds to be less than a certain price;
95               amending s. 337.406, F.S.; providing an exception to
96               the prohibition of camping on any portion of the
97               right-of-way of the State Highway System; amending s.
98               338.227, F.S.; conforming a provision to changes made
99               by the act; providing applicability; amending s.
100              339.2816, F.S.; increasing the required funding for

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         CS/HB 1397                                                                                           2025




101              the Small County Road Assistance Program; amending s.
102              339.2818, F.S.; revising the definition of the term
103              "small county"; authorizing specified funding to be
104              used to fund the Small County Outreach Program;
105              amending s. 339.2821, F.S.; conforming provisions to
106              changes made by the act; amending s. 339.651, F.S.;
107              authorizing, rather than requiring, the department to
108              make certain funds available each year for certain
109              projects; removing a scheduled repeal; amending s.
110              341.051, F.S.; requiring the department to reallocate
111              certain funds under certain circumstances; amending s.
112              348.754, F.S.; conforming a provision to changes made
113              by the act; amending s. 349.03, F.S.; providing
114              appointment procedures for the governing body of the
115              Jacksonville Transportation Authority; providing
116              requirements for the authority; repealing ss.
117              316.0741, 331.351, 337.125, 337.135, 337.139,
118              339.0805, and 339.287, F.S., relating to high-
119              occupancy-vehicle lanes; participation by women,
120              minorities, and socially and economically
121              disadvantaged business enterprises; notice
122              requirements for socially and economically
123              disadvantaged business enterprises; penalties for
124              false representation of socially and economically
125              disadvantaged business enterprises; awarding contracts

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         CS/HB 1397                                                                                           2025




126              to disadvantaged business enterprises; funds to be
127              expended with certified disadvantaged business
128              enterprises, the construction management development
129              program, and the bond guarantee program; and
130              infrastructure plan development for electric vehicle
131              charging stations, respectively; amending ss. 110.205,
132              322.27, 365.172, 379.2293, 493.6101, and 493.6403,
133              F.S.; conforming cross-references; providing an
134              effective date.
135
136      Be It Enacted by the Legislature of the State of Florida:
137
138              Section 1.         Subsections (2) through (6) of section 20.23,
139      Florida Statutes, are renumbered as subsections (3) through (7),
140      respectively, paragraph (d) of subsection (1), paragraphs (a),
141      (b), and (g) of present subsection (2), and paragraph (b) of
142      present subsection (3) are amended, and a new subsection (2) is
143      added to that section, to read:
144              20.23       Department of Transportation.—There is created a
145      Department of Transportation which shall be a decentralized
146      agency.
147              (1)
148              (d)     The secretary may appoint up to three assistant
149      secretaries who shall serve as the Chief Operations Officer,
150      Chief Finance and Administration Officer, and Chief Strategic

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         CS/HB 1397                                                                                           2025




151      Development Officer; be directly responsible to the secretary;
152      and who shall perform such duties as are assigned by the
153      secretary. The secretary may also appoint an Executive Director
154      of Transportation Technology. These assistant secretaries and
155      the Executive Director of Transportation Technology shall
156      maintain their Senior Management Service status and are exempt
157      from career service under s. 110.205(2). The secretary shall
158      designate to an assistant secretary the duties related to
159      enhancing economic prosperity, including, but not limited to,
160      the responsibility of liaison with the head of economic
161      development in the Executive Office of the Governor. Such
162      assistant secretary shall be directly responsible for providing
163      the Executive Office of the Governor with investment
164      opportunities and transportation projects that expand the
165      state's role as a global hub for trade and investment and
166      enhance the supply chain system in the state to process,
167      assemble, and ship goods to markets throughout the eastern
168      United States, Canada, the Caribbean, and Latin America. The
169      secretary may delegate to any assistant secretary the authority
170      to act in the absence of the secretary.
171              (2)     The Legislature finds that the transportation industry
172      is critical to the economic future of this state and that the
173      competitiveness of the industry in this state depends upon the
174      development and maintenance of a qualified workforce and
175      cutting-edge research and innovation. The Legislature further

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         CS/HB 1397                                                                                           2025




176      finds that the transportation industry in this state has varied
177      and complex workforce needs ranging from technical and
178      mechanical training to continuing education opportunities for
179      workers with advanced degrees and certifications. The timely
180      need also exists for coordinated research and innovation efforts
181      to promote emerging technologies and innovative construction
182      methods and tools and to address alternative funding mechanisms.
183              (a)     The Florida Transportation Research Institute (the
184      Institute) is created as a consortium of higher education
185      professionals to drive cutting-edge research, innovation,
186      transformational technologies, and breakthrough solutions and to
187      support workforce development efforts that contribute to this
188      state's transportation system.
189              (b)     The Institute shall report to the department and
190      include membership from the University of Florida, Indian River
191      State College, the University of Central Florida, and Florida
192      International University.
193              (c)     The department shall select a representative from one
194      of the entities referenced in paragraph (b) to serve as the
195      administrative lead for the Institute. The department shall
196      assess the performance of the administrative lead periodically
197      to ensure accountability and assess the attainment of
198      performance expectations.
199              (d)     The Institute may award grants in alignment with its
200      mission of furthering research and innovation and supporting

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         CS/HB 1397                                                                                           2025




201      workforce development in this state to support the needs of the
202      transportation industry. Such grants may be directed to member
203      and nonmember institutions that have a proven expertise relevant
204      to the grant, including not-for-profit organizations and
205      institutions of higher education.
206              (e)     The Institute may expend state funds as allocated by
207      the department from the State Transportation Trust Fund. Annual
208      funding may be expended for the Institute's operations and
209      programs to support research and innovation projects that
210      provide solutions to this state's transportation needs.
211              (f)     The secretary shall appoint a member of the department
212      to serve as the executive director of the Institute. The
213      department shall coordinate with the entities referenced in
214      paragraph (b) to adopt and approve additional policies
215      establishing the Institute's executive committee and mission
216      statement.
217              (g)     The Institute shall submit an annual report to the
218      Office of the Secretary and the commission containing
219      performance metrics, including, but not limited to, expenditures
220      of appropriated funds provided by the department, ongoing and
221      proposed research efforts, and the application and success of
222      past research efforts.
223              (3)(2)(a)1.           The Florida Transportation Commission is
224      hereby created and shall consist of nine members appointed by
225      the Governor subject to confirmation by the Senate. Members of

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         CS/HB 1397                                                                                           2025




226      the commission shall serve terms of 4 years each.
227              2.      Members shall be appointed in such a manner as to
228      equitably represent all geographic areas of this the state. At
229      least three members of the commission shall represent or have
230      expertise in higher education, transportation, or workforce
231      development Each member must be a registered voter and a citizen
232      of the state. Each member of the commission must also possess
233      business managerial experience in the private sector.
234              3.      A member of the commission shall represent the
235      transportation needs of the state as a whole and may not
236      subordinate the needs of the state to those of any particular
237      area of the state.
238              4.      The commission is assigned to the Office of the
239      Secretary of the Department of Transportation for administrative
240      and fiscal accountability purposes, but it shall otherwise
241      function independently of the control and direction of the
242      department.
243              (b)      The commission shall:
244              1.      Recommend major transportation policies for the
245      Governor's approval and assure that approved policies and any
246      revisions are properly executed.
247              2.      Periodically review the status of the state
248      transportation system, including highway, transit, rail,
249      seaport, intermodal development, and aviation components of the
250      system, and recommend improvements to the Governor and the

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251      Legislature.
252              3.      Perform an in-depth evaluation of the annual department
253      budget request, the Florida Transportation Plan, and the
254      tentative work program for compliance with all applicable laws
255      and established departmental policies. Except as specifically
256      provided in s. 339.135(4)(c)2., (d), and (f), the commission may
257      not consider individual construction projects but shall consider
258      methods of accomplishing the goals of the department in the most
259      effective, efficient, and businesslike manner.
260              4.      Monitor the financial status of the department on a
261      regular basis to assure that the department is managing revenue
262      and bond proceeds responsibly and in accordance with law and
263      established policy.
264              5.      Monitor on at least a quarterly basis the efficiency,
265      productivity, and management of the department using performance
266      and production standards developed by the commission pursuant to
267      s. 334.045.
268              6.      Perform an in-depth evaluation of the factors causing
269      disruption of project schedules in the adopted work program and
270      recommend to the Governor and the Legislature methods to
271      eliminate or reduce the disruptive effects of these factors.
272              7.      Recommend to the Governor and the Legislature
273      improvements to the department's organization in order to
274      streamline and optimize the efficiency of the department. In
275      reviewing the department's organization, the commission shall

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276      determine if the current district organizational structure is
277      responsive to this state's changing economic and demographic
278      development patterns. The report by the commission must be
279      delivered to the Governor and the Legislature by December 15
280      each year, as appropriate. The commission may retain experts as
281      necessary to carry out this subparagraph, and the department
282      shall pay the expenses of the experts.
283              8.      Monitor the efficiency, productivity, and management of
284      the agencies and authorities created under chapters 348 and 349;
285      the Mid-Bay Bridge Authority re-created pursuant to chapter
286      2000-411, Laws of Florida; and any authority formed under
287      chapter 343; and any transit entity that is a recipient of
288      funding from the department's public transit block grant program
289      as created in s. 341.052. The commission shall also conduct
290      periodic reviews of each agency's and authority's operations and
291      budget, acquisition of property, management of revenue and bond
292      proceeds, and compliance with applicable laws and generally
293      accepted accounting principles.
294              (g)      A member of the commission shall follow standards of
295      conduct for public officers as provided in s. 112.313 may not
296      have any interest, direct or indirect, in any contract,
297      franchise, privilege, or other benefit granted or awarded by the
298      department during the term of his or her appointment and for 2
299      years after the termination of such appointment.
300              (4)(3)

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301              (b)      The secretary may appoint positions at the level of
302      deputy assistant secretary or director which the secretary deems
303      necessary to accomplish the mission and goals of the department,
304      including, but not limited to, the areas of program
305      responsibility provided in this paragraph, each of whom shall be
306      appointed by and serve at the pleasure of the secretary. The
307      secretary may combine, separate, or delete offices as needed in
308      consultation with the Executive Office of the Governor. The
309      department's areas of program responsibility include, but are
310      not limited to, all of the following:
311              1.      Administration.
312              2.      Planning.
313              3.      Supply chain and modal development.
314              4.      Design.
315              5.      Highway operations.
316              6.      Right-of-way.
317              7.      Toll operations.
318              8.      Transportation technology.
319              9.      Information technology systems.
320              10.      Motor carrier weight inspection.
321              11.      Work program and budget.
322              12.      Comptroller.
323              13.      Construction.
324              14.      Statewide corridors.
325              15.      Maintenance.

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326              16.      Forecasting and performance.
327              17.      Emergency management.
328              18.      Safety.
329              19.      Materials.
330              20.      Infrastructure and innovation.
331              21.      Permitting.
332              22.      Traffic operations.
333              23.      Operational technology.
334              Section 2.         Paragraph (b) of subsection (3) of section
335      311.07, Florida Statutes, is amended to read:
336              311.07       Florida seaport transportation and economic
337      development funding.—
338              (3)
339              (b)      Projects eligible for funding by grants under the
340      program are limited to the following port facilities or port
341      transportation projects:
342              1.      Transportation facilities within the jurisdiction of
343      the port.
344              2.      The dredging or deepening of channels, turning basins,
345      or harbors.
346              3.      The construction or rehabilitation of wharves, docks,
347      structures, jetties, piers, storage facilities, cruise
348      terminals, automated people mover systems, or any facilities
349      necessary or useful in connection with any of the foregoing.
350              4.      The acquisition of vessel tracking systems, container

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351      cranes, or other mechanized equipment used in the movement of
352      cargo or passengers in international commerce.
353              5.      The acquisition of land to be used for port purposes.
354              6.      The acquisition, improvement, enlargement, or extension
355      of existing port facilities.
356              7.      Environmental protection projects which are necessary
357      because of requirements imposed by a state agency as a condition
358      of a permit or other form of state approval; which are necessary
359      for environmental mitigation required as a condition of a state,
360      federal, or local environmental permit; which are necessary for
361      the acquisition of spoil disposal sites and improvements to
362      existing and future spoil sites; or which result from the
363      funding of eligible projects listed in this paragraph.
364              8.      Transportation facilities as defined in s. 334.03(30)
365      which are not otherwise part of the Department of
366      Transportation's adopted work program.
367              9.      Intermodal access projects.
368              10.      Construction or rehabilitation of port facilities as
369      defined in s. 315.02, excluding any park or recreational
370      facilities, in ports listed in s. 311.09(1) with operating
371      revenues of $5 million or less, provided that such projects
372      create economic development opportunities, capital improvements,
373      and positive financial returns to such ports.
374              11.      Seaport master plan or strategic plan development or
375      updates, including the purchase of data to support such plans.

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376              12.     Spaceport or space industry-related planning or
377      construction of facilities on seaport property which is
378      necessary or useful to advance the space industry in this state
379      when such project provides economic benefit to the community.
380              13.     Commercial shipbuilding and manufacturing facilities
381      when such project provides economic benefit to the community.
382              Section 3.         Subsections (1), (3), and (11) of section
383      311.09, Florida Statutes, are amended to read:
384              311.09       Florida Seaport Transportation and Economic
385      Development Council.—
386              (1)     The Florida Seaport Transportation and Economic
387      Development Council is created within the Department of
388      Transportation to support the growth of the seaports of this
389      state through the review, development, and financing of port
390      transportation and port facilities. The council is composed
391      consists of the following 18 members: the port director, or the
392      port director's designee, of each of the ports of Jacksonville,
393      Port Canaveral, Port Citrus, Fort Pierce, Palm Beach, Port
394      Everglades, Miami, Port Manatee, St. Petersburg, Putnam County,
395      Tampa, Port St. Joe, Panama City, Pensacola, Key West, and
396      Fernandina; the secretary of the Department of Transportation or
397      his or her designee; and the secretary of the Department of
398      Commerce or his or her designee.
399              (3)     The council shall prepare a 5-year Florida Seaport
400      Mission Plan defining the goals and objectives of the council

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401      concerning the development of port facilities and an intermodal
402      transportation system consistent with the goals of the Florida
403      Transportation Plan developed pursuant to s. 339.155. The
404      Florida Seaport Mission Plan shall include specific
405      recommendations for the construction of transportation
406      facilities connecting any port to another transportation mode,
407      the construction of transportation facilities connecting any
408      port to the space and aerospace industries, and for the
409      efficient, cost-effective development of transportation
410      facilities or port facilities for the purpose of enhancing
411      trade, promoting cargo flow, increasing cruise passenger
412      movements, increasing port revenues, and providing economic
413      benefits to this the state. The council shall develop a priority
414      list of projects based on these recommendations annually and
415      submit the list to the Department of Transportation. The council
416      shall update the 5-year Florida Seaport Mission Plan annually
417      and shall submit the plan no later than February 1 of each year
418      to the President of the Senate, the Speaker of the House of
419      Representatives, the Department of Commerce, and the Department
420      of Transportation. The council shall develop programs, based on
421      an examination of existing programs in Florida and other states,
422      for the training of minorities and secondary school students in
423      job skills associated with employment opportunities in the
424      maritime industry, and report on progress and recommendations
425      for further action to the President of the Senate and the

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426      Speaker of the House of Representatives annually. Each member of
427      the council shall submit semiannual reports to the Department of
428      Transportation relating to seaport operations and their support
429      of this state's economic competitiveness and supply chain. Each
430      report must include information prescribed by the Department of
431      Transportation, in consultation with the Department of Commerce,
432      including, but, not limited to:
433              (a)     Bulk break capacity.
434              (b)     Liquid storage and capacity.
435              (c)     Fuel storage and capacity.
436              (d)     Container capacity.
437              (e)     Supply chain disruptions.
438              (11)        Members of the council shall serve without
439      compensation but are entitled to receive reimbursement for per
440      diem and travel expenses as provided in s. 112.061. The council
441      may elect to provide an administrative staff to provide services
442      to the council on matters relating to the Florida Seaport
443      Transportation and Economic Development Program and the council.
444      The cost for such administrative services shall be paid by all
445      ports that receive funding from the Florida Seaport
446      Transportation and Economic Development Program, based upon a
447      pro rata formula measured by each recipient's share of the funds
448      as compared to the total funds disbursed to all recipients
449      during the year. The share of costs for administrative services
450      shall be paid in its total amount by the recipient port upon

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451      execution by the port and the Department of Transportation of a
452      joint participation agreement for each council-approved project,
453      and such payment is in addition to the matching funds required
454      to be paid by the recipient port. Except as otherwise exempted
455      by law, all moneys derived from the Florida Seaport
456      Transportation and Economic Development Program shall be
457      expended in accordance with the provisions of s. 287.057.
458      Seaports subject to competitive negotiation requirements of a
459      local governing body shall abide by the provisions of s.
460      287.055.
461              Section 4.         Subsection (7) of section 316.0745, Florida
462      Statutes, is amended to read:
463              316.0745          Uniform signals and devices.—
464              (7)     The Department of Transportation may, upon receipt and
465      investigation of reported noncompliance and after hearing
466      pursuant to 14 days' notice, direct the removal of any purported
467      traffic control device that fails to meet the requirements of
468      this section, wherever the device is located and without regard
469      to assigned responsibility under s. 316.1895. The public agency
470      erecting or installing the same shall immediately bring it into
471      compliance with the requirements of this section or remove said
472      device or signal upon the direction of the Department of
473      Transportation and may not, for a period of 5 years, install any
474      replacement or new traffic control devices paid for in part or
475      in full with revenues raised by the state unless written prior

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476      approval is received from the Department of Transportation. Any
477      additional violation by a public body or official shall be cause
478      for the withholding of state funds for traffic control purposes
479      until such public body or official demonstrates to the
480      Department of Transportation that it is complying with this
481      section.
482              Section 5.         Section 330.27, Florida Statutes, is amended to
483      read:
484              330.27       Definitions, when used in ss. 330.29-330.39.—As
485      used in ss. 330.29-330.39, the term:
486              (1)     "Air ambulance operation" means a flight with a
487      patient or medical personnel on board for the purpose of medical
488      transportation.
489              (2)(1)       "Aircraft" means a powered or unpowered machine or
490      device capable of atmospheric flight, including, but not limited
491      to, an airplane, autogyro, glider, gyrodyne, helicopter, lift
492      and cruise, multicopter, paramotor, powered lift, seaplane,
493      tiltrotor, ultralight, or vectored thrust. The term does not
494      include except a parachute or other such device used primarily
495      as safety equipment.
496              (3)(2)       "Airport" means a specific an area of land or water
497      or a structure used for, or intended to be used for, landing and
498      takeoff of aircraft operations, which may include including
499      appurtenant areas, buildings, facilities, or rights-of-way
500      necessary to facilitate such use or intended use. The term

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501      includes, but is not limited to, an airpark, airport,
502      gliderport, heliport, helistop, seaplane base, ultralight
503      flightpark, vertiport, or vertistop.
504              (4)     "Commercial air tour operation" means a flight
505      conducted for compensation or hire in an aircraft when the
506      purpose of the flight is sightseeing.
507              (5)     "Commuter operation" means any scheduled operation
508      conducted by a person operating an aircraft with a frequency of
509      operations of at least five round trips per week on at least one
510      route between two or more points according to the published
511      flight schedule.
512              (6)(3)       "Department" means the Department of
513      Transportation.
514              (7)(4)       "Limited airport" means any airport limited
515      exclusively to the specific conditions stated on the site
516      approval order or license.
517              (8)     "On-demand operation" means any scheduled passenger-
518      carrying operation for compensation or hire conducted by a
519      person operating an aircraft with a frequency of operations of
520      fewer than five round trips per week on at least one route
521      between two or more points according to the published flight
522      schedule.
523              (9)(5)       "Private airport" means an airport, publicly or
524      privately owned, which is not open or available for use by the
525      public, but may be made available to others by invitation of the

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526      owner or manager.
527              (10)        "Private airport of public interest" means a private
528      airport serving any of the following operations: air ambulance
529      operation, commercial air tour operation, commuter operation,
530      on-demand operation, public charter operation, scheduled
531      operation, or supplemental operation.
532              (11)(6)       "Public airport" means an airport, publicly or
533      privately owned, which is open for use by the public.
534              (12)        "Public charter operation" means a one-way or round-
535      trip charter flight performed by one or more direct air carriers
536      which is arranged and sponsored by a charter operator.
537              (13)        "Scheduled operation" means any common carriage
538      passenger-carrying operation for compensation or hire conducted
539      by an air carrier or commercial operator for which the
540      certificateholder or its representative offers in advance the
541      departure location, departure time, and arrival location.
542              (14)        "Supplemental operation" means any common carriage
543      operation for compensation or hire conducted with an aircraft
544      for which the departure time, departure location, and arrival
545      location are specifically negotiated with the customer or
546      customer's representative.
547              (15)(7)       "Temporary airport" means an airport at which
548      flight operations are conducted under visual flight rules
549      established by the Federal Aviation Administration and which is
550      used for less than 30 consecutive days with no more than 10

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551      operations per day.
552              (8)      "Ultralight aircraft" means any aircraft meeting the
553      criteria established by part 103 of the Federal Aviation
554      Regulations.
555              Section 6.         Paragraphs (a) and (d) of subsection (2) and
556      subsection (4) of section 330.30, Florida Statutes, are amended
557      to read:
558              330.30       Approval of airport sites; registration,
559      certification, and licensure of airports.—
560              (2)      LICENSES, CERTIFICATES, AND REGISTRATIONS;
561      REQUIREMENTS, RENEWAL, REVOCATION.—
562              (a)      Except as provided in subsection (3), the owner or
563      lessee of an airport in this state shall have a public airport
564      license, private airport registration, or temporary airport
565      registration before the operation of aircraft to or from the
566      airport. Application for a license or registration shall be made
567      in a form and manner prescribed by the department.
568              1.      For a public airport, upon granting site approval, the
569      department shall issue a license after a final airport
570      inspection finds that the airport is to be in compliance with
571      all requirements for the license. The license may be subject to
572      any reasonable conditions the department deems necessary to
573      protect the public health, safety, or welfare.
574              2.      For a private airport, upon granting site approval, the
575      department shall provide controlled electronic access to the

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576      state aviation facility data system to permit the applicant to
577      complete the registration process. Registration shall be
578      completed upon self-certification by the registrant of
579      operational and configuration data deemed necessary by the
580      department.
581              3.      For a temporary airport, the department must publish
582      notice of receipt of a completed registration application in the
583      next available publication of the Florida Administrative
584      Register and may not approve a registration application less
585      than 14 days after the date of publication of the notice. The
586      department must approve or deny a registration application
587      within 30 days after receipt of a completed application and must
588      issue the temporary airport registration concurrent with the
589      airport site approval. A completed registration application that
590      is not approved or denied within 30 days after the department
591      receives the completed application is considered approved and
592      shall be issued, subject to such reasonable conditions as are
593      authorized by law. An applicant seeking to claim registration by
594      default under this subparagraph must notify the agency clerk of
595      the department, in writing, of the intent to rely upon the
596      default registration provision of this subparagraph and may not
597      take any action based upon the default registration until after
598      receipt of such notice by the agency clerk.
599              4.      A private airport of public interest as defined in s.
600      330.27 must obtain a certificate from the department before

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601      allowing aircraft operations. The department shall issue a
602      certificate after a final inspection finds that the private
603      airport of public interest is in compliance with all of the
604      requirements for a certificate. The certificate is subject to
605      any reasonable conditions that the department deems necessary to
606      protect the health, safety, or welfare of the public. A private
607      airport that was engaged in operations associated with a private
608      airport of public interest on or before July 1, 2025, may
609      continue its operations but must obtain a certificate from the
610      department before July 1, 2030.
611              (d)1.       Each public airport license shall expire no later
612      than 1 year after the effective date of the license, except that
613      the expiration date of a license may be adjusted to provide a
614      maximum license period of 18 months to facilitate airport
615      inspections, recognize seasonal airport operations, or improve
616      administrative efficiency.
617              2.      Registration for private airports shall remain valid
618      provided specific elements of airport data, established by the
619      department, are periodically recertified by the airport
620      registrant. The ability to recertify private airport
621      registration data shall be available at all times by electronic
622      submittal. A private airport registration that has not been
623      recertified in the 24-month period following the last
624      certification shall expire, unless the registration period has
625      been adjusted by the department for purposes of informing

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626      private airport owners of their registration responsibilities or
627      promoting administrative efficiency. The expiration date of the
628      current registration period will be clearly identifiable from
629      the state aviation facility data system.
630              3.      The effective date and expiration date shall be shown
631      on public airport licenses. Upon receiving an application for
632      renewal of an airport license in a form and manner prescribed by
633      the department and receiving a favorable inspection report
634      indicating compliance with all applicable requirements and
635      conditions, the department shall renew the license, subject to
636      any conditions deemed necessary to protect the public health,
637      safety, or welfare.
638              4.      The department may require a new site approval for any
639      airport if the license or registration has expired.
640              5.      If the renewal application for a public airport license
641      has not been received by the department or no private airport
642      registration recertification has been accomplished within 15
643      days after the date of expiration, the department may revoke the
644      airport license or registration.
645              6.      After initial registration, the department may issue a
646      certificate to a private airport of public interest if the
647      airport is in compliance with all of the requirements for a
648      certificate after a final inspection of the private airport of
649      public interest. The certificate is subject to any reasonable
650      conditions that the department deems necessary to protect the

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651      health, safety, or welfare of the public. A certificate issued
652      to a private airport of public interest expires 5 years after
653      the effective date of the certificate.
654              (4)     EXCEPTIONS.—Private airports with 10 or more based
655      aircraft may request to be inspected and licensed by the
656      department. Private airports licensed according to this
657      subsection shall be considered private airports as defined in s.
658      330.27 s. 330.27(5) in all other respects.
659              Section 7.         Section 331.371, Florida Statutes, is amended
660      to read:
661              331.371       Strategic space infrastructure investment.—
662              (1)     In consultation with Space Florida, the Department of
663      Transportation may fund spaceport discretionary capacity
664      improvement projects, as defined in s. 331.303, at up to 100
665      percent of the project's cost if:
666              (a)(1)       Important access and on-spaceport-territory space
667      transportation capacity improvements are provided.;
668              (b)(2)       Capital improvements that strategically position
669      the state to maximize opportunities in international trade are
670      achieved.;
671              (c)(3)       Goals of an integrated intermodal transportation
672      system for the state are achieved.; and
673              (d)(4)       Feasibility and availability of matching funds
674      through federal, local, or private partners are demonstrated.
675              (2)     In consultation with the Department of Commerce and

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         CS/HB 1397                                                                                           2025




676      the Department of Environmental Protection, the Department of
677      Transportation may fund wastewater projects, stormwater
678      projects, water capacity projects, or projects associated with
679      critical infrastructure facilities as defined in s. 692.201
680      within or outside the jurisdictional boundary of a spaceport
681      territory so long as the project supports aerospace or launch
682      support facilities within an adjacent spaceport territory
683      boundary. The Department of Transportation shall coordinate with
684      the Department of Commerce and the Department of Environmental
685      Protection in order to maximize and optimize available funding
686      for such projects.
687              Section 8.         Section 332.003, Florida Statutes, is amended
688      to read:
689              332.003       Florida Airport Development and Accountability
690      Assistance Act; short title.—Sections 332.003-332.007 may be
691      cited as the "Florida Airport Development and Accountability
692      Assistance Act."
693              Section 9.         Section 332.005, Florida Statutes, is amended
694      to read:
695              332.005       Restrictions on authority of Department of
696      Transportation.—
697              (1)     This act specifically prohibits the Department of
698      Transportation from regulating commercial air carriers operating
699      within the state pursuant to federal authority and regulations;
700      from participating in or exercising control in the management

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         CS/HB 1397                                                                                           2025




701      and operation of a sponsor's airport, except when officially
702      requested by the sponsor; or from expanding the design or
703      operational capability of the department in the area of airport
704      and aviation consultants' contract work, other than to provide
705      technical assistance as requested.
706              (2)     Notwithstanding subsection (1), upon the declaration
707      of a state of emergency issued by the Governor in preparation
708      for or in response to a natural disaster, an airport as defined
709      in s. 332.004 must provide the department, at no cost, with the
710      opportunity to use any property not within the air navigation
711      facility as defined in s. 332.01(4) for the staging of equipment
712      and personnel to support emergency preparedness and response
713      operations.
714              Section 10.           Subsection (7) of section 332.006, Florida
715      Statutes, is amended to read:
716              332.006       Duties and responsibilities of the Department of
717      Transportation.—The Department of Transportation shall, within
718      the resources provided pursuant to chapter 216:
719              (7)     Develop, promote, and distribute supporting
720      information and educational services, including, but not limited
721      to, educational services with a focus on retention and growth of
722      the aviation industry workforce.
723              Section 11.           Paragraph (a) of subsection (7), subsection
724      (8), and paragraph (b) of subsection (9) of section 332.007,
725      Florida Statutes, are amended, and paragraph (c) is added to

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         CS/HB 1397                                                                                           2025




726      subsection (2) of that section, to read:
727              332.007       Administration and financing of aviation and
728      airport programs and projects; state plan.—
729              (2)
730              (c)     Annually, each airport must submit to the department a
731      comprehensive maintenance program report detailing the
732      maintenance and inspection of such airport's infrastructure. At
733      a minimum, the report must include a schedule of inspections,
734      the locations being inspected, any probable cause for such
735      inspection, a list of the airport's required needs, any remedial
736      actions to be taken, and any required follow-up inspections and
737      maintenance. For purposes of this paragraph, the term
738      "maintenance" includes any preventive and regular or recurring
739      work that is necessary to preserve the airport infrastructure in
740      good condition. Timely maintenance and repair, including routine
741      maintenance, rehabilitation, and upgrading, are essential for
742      the safe operation of airport infrastructure. An airport must
743      retain all records of materials and equipment used for the
744      airport's maintenance and repair work. If the department
745      determines, based on the annual comprehensive maintenance
746      program report, that there is evidence that an airport failed to
747      perform routine maintenance, the department may withhold state
748      funds for any of the airport's capital expansion projects until
749      such airport corrects any deficiencies.
750              (7)     Subject to the availability of appropriated funds in

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         CS/HB 1397                                                                                           2025




751      addition to aviation fuel tax revenues, the department may
752      participate in the capital cost of eligible public airport and
753      aviation discretionary capacity improvement projects. The annual
754      legislative budget request shall be based on the funding
755      required for discretionary capacity improvement projects in the
756      aviation and airport work program.
757              (a)      The department shall provide priority funding in
758      support of:
759              1.      Terminal and parking expansion projects that increase
760      capacity at airports that provide commercial service in counties
761      with a population of 500,000 or less.
762              2.1.        Land acquisition which provides additional capacity
763      at the qualifying international airport or at that airport's
764      supplemental air carrier airport.
765              3.2.        Runway and taxiway projects that add capacity or are
766      necessary to accommodate technological changes in the aviation
767      industry.
768              4.3.        Airport access transportation projects that improve
769      direct airport access and are approved by the airport sponsor.
770              5.4.        International terminal projects that increase
771      international gate capacity.
772              6.      Projects that improve the safe and efficient operation
773      of this state's airports.
774              7.      Emerging technology, workforce development projects,
775      and projects that benefit the strategic intermodal system

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         CS/HB 1397                                                                                           2025




776      through intermodal connectivity.
777              (8)     The department may also fund eligible projects
778      performed by not-for-profit organizations and postsecondary
779      education institutions, as defined in s. 1008.47(1), which
780      support the training of pilots, air traffic control personnel,
781      or aircraft maintenance technical personnel that represent a
782      majority of public airports in this state. Eligible projects may
783      include activities associated with aviation master planning,
784      professional education, safety and security planning, enhancing
785      economic development and efficiency at airports in this state,
786      or other planning efforts to improve the viability and safety of
787      airports in this state. The department may also fund programs
788      that support the transition of honorably discharged military
789      personnel to the aviation industry. The department may match
790      funds provided by the Department of Commerce for such programs.
791              (9)     The department may fund strategic airport investment
792      projects at up to 100 percent of the project's cost if:
793              (b)     Capital improvements that strategically position the
794      state to maximize opportunities in tourism, international trade,
795      logistics, and the aviation industry are provided;
796              Section 12.            Subsections (1), (2), and (5) of section
797      332.0075, Florida Statutes, are amended to read:
798              332.0075          Commercial service airports; transparency and
799      accountability; penalty.—
800              (1)     As used in this section, the term:

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         CS/HB 1397                                                                                           2025




801              (a)     "Commercial service airport" means an airport
802      providing commercial services, including large, medium, small,
803      and nonhub airports as classified a primary airport as defined
804      in 49 U.S.C. s. 47102 which is classified as a large, medium, or
805      small hub airport by the Federal Aviation Administration.
806              (b)     "Consent agenda" means an agenda which consists of
807      items voted on collectively or as a group and which does not
808      provide the opportunity for public comment on each such item
809      before approval or disapproval by the governing body.
810              (c)     "Department" means the Department of Transportation.
811              (d)     "Governing body" means the governing body of the
812      county, municipality, or special district that operates a
813      commercial service airport. The term includes an appointed board
814      or oversight entity serving as the governing body on behalf of
815      the county, municipality, or special district.
816              (2)     Each governing body shall establish and maintain a
817      website to post information relating to the operation of a
818      commercial service airport, and such information must remain on
819      the website for at least 5 years or for as long as the
820      information is actively in use by the entity. Information that
821      must be posted on the governing body's website includes
822      including:
823              (a)     All published notices of meetings and published
824      meeting agendas of the governing body.
825              (b)     The official minutes of each meeting of the governing

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         CS/HB 1397                                                                                           2025




826      body, which must shall be posted within 7 business days after
827      the date of the meeting in which the minutes were approved.
828              (c)     The approved budget for the commercial service airport
829      for the current fiscal year, which shall be posted within 7
830      business days after the date of adoption. Budgets must remain on
831      the website for 5 2 years after the conclusion of the fiscal
832      year for which they were adopted.
833              (d)     Copies of A link to the current Airport Master Plan
834      and the immediately preceding Airport Master Plan for the
835      commercial service airport and a link to the current Airport
836      Master Plan on the commercial service airport's website.
837              (e)     A link to all financial and statistical reports for
838      the commercial service airport on the Federal Aviation
839      Administration's website.
840              (f)     Any contract or contract amendment for the purchase of
841      commodities or contractual services executed by or on behalf of
842      the commercial service airport in excess of the threshold amount
843      provided in s. 287.017 for CATEGORY FIVE, which must shall be
844      posted no later than 7 business days after the commercial
845      service airport executes the contract or contract amendment.
846      However, a contract or contract amendment may not reveal
847      information made confidential or exempt by law. Each commercial
848      service airport must redact confidential or exempt information
849      from each contract or contract amendment before posting a copy
850      on its website.

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         CS/HB 1397                                                                                           2025




851              (g)      Position and rate information for each employee of the
852      commercial service airport, including, at a minimum, the
853      employee's position title, position description, and annual or
854      hourly salary. This information must shall be updated quarterly
855      annually.
856              (5)(a)       Each November 1, the governing body of each
857      commercial service airport shall submit the following
858      information to the department:
859              1.      Its approved budget for the current fiscal year.
860              2.      Any financial reports submitted to the Federal Aviation
861      Administration during the previous calendar year.
862              3.      A link to its website.
863              4.      A statement, verified as provided in s. 92.525, that it
864      has complied with part III of chapter 112, chapter 287, and this
865      section.
866              5.      The most recent copy of its strategic plan or plans.
867              6.      Contracts related to financial awards received through
868      federally funded grant programs for the preceding year.
869              (b)      The department shall review the information submitted
870      by the governing body of the commercial service airport and
871      posted on the airport's website to determine the accuracy of
872      such information. Each January 15, the department shall submit
873      to the Governor, the President of the Senate, and the Speaker of
874      the House of Representatives a report summarizing commercial
875      service airport compliance with this section.

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         CS/HB 1397                                                                                           2025




876              (c)      In addition to the requirements of this section, a
877      commercial service airport must:
878              1.      Notify the department within 48 hours after receiving a
879      communication or directive from a federal agency with respect to
880      accommodating public health testing or the transfer of
881      unauthorized aliens into this state.
882              2.      Notify the department as soon as reasonably possible,
883      but no later than 48 hours after discovery, of incidents
884      including, but not limited to, those related to the safety of
885      the public when traveling, potential breaches or security risks
886      associated with cybersecurity, or other issues of statewide
887      concern as defined by the department.
888              Section 13.           Section 332.15, Florida Statutes, is created
889      to read:
890              332.15       Advanced air mobility.—The Department of
891      Transportation shall, within the resources provided pursuant to
892      chapter 216:
893              (1)      Address the need for vertiports, advanced air
894      mobility, and other advances in aviation technology in the
895      statewide aviation system plan as required under s. 332.006(1)
896      and, as appropriate, in the department's work program.
897              (2)      Designate a subject matter expert on advanced air
898      mobility within the department to serve as a resource for local
899      jurisdictions navigating advances in aviation technology.
900              (3)      Conduct a review of airport hazard zone regulations.

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         CS/HB 1397                                                                                           2025




901              (4)     Work with the Department of Commerce to provide
902      coordination and assistance for the development of a viable
903      advanced air mobility system in this state and incorporate those
904      plans in the statewide aviation system plan as required under s.
905      332.006(1) in order to develop and identify the statewide
906      corridors of need and opportunities for growth of the industry.
907              Section 14.           Subsection (5) of section 334.044, Florida
908      Statutes, is amended, and subsections (37), (38), and (39) are
909      added to that section, to read:
910              334.044        Powers and duties of the department.—The
911      department shall have the following general powers and duties:
912              (5)     To purchase, lease, or otherwise acquire property and
913      materials, including the purchase of promotional items as part
914      of public information and education campaigns for the promotion
915      of environmental management, scenic highways, traffic and train
916      safety awareness, alternatives to single-occupant vehicle
917      travel, commercial motor vehicle safety, workforce development,
918      electric vehicle use and charging stations, autonomous vehicles,
919      and context classification, design for electric vehicles and
920      autonomous vehicles; to purchase, lease, or otherwise acquire
921      equipment and supplies; and to sell, exchange, or otherwise
922      dispose of any property that is no longer needed by the
923      department.
924              (37)        Notwithstanding s. 287.022 or s. 287.025, to enter
925      into contracts for insurance that the department is

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         CS/HB 1397                                                                                           2025




926      contractually and legally obligated to provide directly from
927      local, national, or international insurance companies.
928              (38)        Notwithstanding s. 287.14, to purchase, lease, or
929      acquire heavy equipment and motor vehicles for roadway
930      operations and emergency response purposes, regardless of
931      whether the department has exchanged or ceased the operation of
932      motor vehicles or heavy equipment already under the department's
933      ownership.
934              (39)        To adopt rules to comply with the requirements of 49
935      C.F.R. part 26 and applicable federal law.
936              Section 15.           Paragraph (f) of subsection (1) of section
937      334.045, Florida Statutes, is amended to read:
938              334.045        Transportation performance and productivity
939      standards; development; measurement; application.—
940              (1)     The Florida Transportation Commission shall develop
941      and adopt measures for evaluating the performance and
942      productivity of the department. The measures may be both
943      quantitative and qualitative and must, to the maximum extent
944      practical, assess those factors that are within the department's
945      control. The measures must, at a minimum, assess performance in
946      the following areas:
947              (f)     Small Disadvantaged business enterprise and minority
948      business programs as established in s. 337.027.
949              Section 16.           Section 334.62, Florida Statutes, is created
950      to read:

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         CS/HB 1397                                                                                           2025




951              334.62       Florida Transportation Academy.—
952              (1)     The Legislature finds that the growth and
953      sustainability of the transportation workforce industry is vital
954      to the continued success and efficiency of this state's supply
955      chain and economic competitiveness. In order to prioritize the
956      continued need for transportation industry workforce development
957      programs, the Florida Transportation Academy is established.
958              (2)     In order to support, promote, and sustain workforce
959      development efforts of the transportation sector, the department
960      may work with state agencies referenced in this chapter,
961      industry organizations, and private sector businesses, as
962      appropriate.
963              (3)     The department may coordinate with all of the
964      following entities:
965              (a)     The Department of Corrections to identify and create
966      certification and training opportunities for nonviolent inmates
967      and create a process to allow the Department of Corrections to
968      notify the department when a nonviolent inmate who is seeking
969      employment has received a scheduled release date.
970              (b)     The Department of Juvenile Justice and its educational
971      partners to create certification and training opportunities for
972      eligible youth.
973              (c)     Veterans' organizations to encourage honorably
974      discharged veterans to pursue opportunities within the
975      transportation industry, including, but not limited to,

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          CS/HB 1397                                                                                           2025




976       employment as pilots, mechanics, and air traffic controllers.
977               (d)      The Department of Commerce, CareerSource Florida, and
978       regional business communities, within and outside of the
979       transportation industry, to further understand recruitment and
980       retention needs and job-seeker pipelines.
981               (e)      The American Council of Engineering Companies and the
982       Florida Transportation Builders Association to optimize
983       workforce recruitment and retention and assess the future needs
984       of the transportation industry and this state.
985               Section 17.           Subsection (3) of section 335.182, Florida
986       Statutes, is amended to read:
987               335.182       Regulation of connections to roads on State
988       Highway System; definitions.—
989               (3)      As used in this act, the term:
990               (a)      "Connection" means driveways, streets, turnouts, or
991       other means of providing for the right of reasonable access to
992       or from the State Highway System.
993               (b)      "Modification of a connection" means relocation,
994       alteration, or closure of a connection.
995               (c)(b)       "Significant change" means:
996               1.      A change in the use of the property, including
997       development of the land, structures, or facilities;, or
998               2.      An expansion of the size of the property, structures,
999       or facilities causing an increase in the trip generation of the
1000      property exceeding 25 percent more trip generation, (either peak

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          CS/HB 1397                                                                                           2025




1001      hour or daily,) and exceeding 100 vehicles per day more than the
1002      existing use.
1003              Section 18.           Subsections (3) and (4) of section 335.187,
1004      Florida Statutes, are amended to read:
1005              335.187       Unpermitted connections; existing access permits;
1006      nonconforming permits; modification and revocation of permits.—
1007              (3)     The department may issue a nonconforming access permit
1008      if denying after finding that to deny an access permit would
1009      leave the property without a reasonable means of access to the
1010      State Highway System. The department may specify limits on the
1011      maximum vehicular use of the connection and may impose
1012      conditions be conditioned on the availability of future
1013      alternative means of access for which access permits can be
1014      obtained.
1015              (4)     After written notice and the opportunity for a
1016      hearing, as provided for in s. 120.60, the department may modify
1017      or revoke an access permit issued after July 1, 1988, by
1018      requiring modification relocation, alteration, or closure of an
1019      existing connection if:
1020              (a)     A significant change occurs in the use, design, or
1021      traffic flow of the connection; or
1022              (b)     The connection would jeopardize the safety of the
1023      public or have a negative impact on the operational
1024      characteristics of the highway.
1025              Section 19.           Subsection (2) of section 337.027, Florida

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          CS/HB 1397                                                                                           2025




1026      Statutes, is amended to read:
1027              337.027       Authority to implement a business development
1028      program.—
1029              (2)     For purposes of this section, the term "small
1030      business" means a business with yearly average gross receipts of
1031      less than $25 $15 million for road and bridge contracts and less
1032      than $10 $6.5 million for professional and nonprofessional
1033      services contracts. A business' average gross receipts is
1034      determined by averaging its annual gross receipts over the last
1035      3 years, including the receipts of any affiliate as defined in
1036      s. 337.165.
1037              Section 20.           Subsection (6) of section 337.11, Florida
1038      Statutes, is amended to read:
1039              337.11       Contracting authority of department; bids;
1040      emergency repairs, supplemental agreements, and change orders;
1041      combined design and construction contracts; progress payments;
1042      records; requirements of vehicle registration.—
1043              (6)(a)       If the secretary determines that an emergency in
1044      regard to the restoration or repair of any state transportation
1045      facility exists such that the delay incident to giving
1046      opportunity for competitive bidding would be detrimental to the
1047      interests of the state, the provisions for competitive bidding
1048      do not apply; and the department may enter into contracts for
1049      restoration or repair without giving opportunity for competitive
1050      bidding on such contracts. Within 30 days after such

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          CS/HB 1397                                                                                           2025




1051      determination and contract execution, the head of the department
1052      shall file with the Executive Office of the Governor a written
1053      statement of the conditions and circumstances constituting such
1054      emergency.
1055              (b)     If the secretary determines that delays on a contract
1056      for maintenance exist due to administrative challenges, bid
1057      protests, defaults or terminations and the further delay would
1058      reduce safety on the transportation facility or seriously hinder
1059      the department's ability to preserve the state's investment in
1060      that facility, competitive bidding provisions may be waived and
1061      the department may enter into a contract for maintenance on the
1062      facility. However, contracts for maintenance executed under the
1063      provisions of this paragraph shall be interim in nature and
1064      shall be limited in duration to a period of time not to exceed
1065      the length of the delay necessary to complete the competitive
1066      bidding process and have the contract in place.
1067              (c)     When the department determines that it is in the best
1068      interest of the public for reasons of public concern, economy,
1069      improved operations, or safety, and only when circumstances
1070      dictate rapid completion of the work, the department may, up to
1071      the amount of $500,000, enter into contracts for construction
1072      and maintenance without advertising and receiving competitive
1073      bids. The department may enter into such contracts only upon a
1074      determination that the work is necessary for one of the
1075      following reasons:

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          CS/HB 1397                                                                                           2025




1076              1.      To ensure timely completion of projects or avoidance of
1077      undue delay for other projects;
1078              2.      To accomplish minor repairs or construction and
1079      maintenance activities for which time is of the essence and for
1080      which significant cost savings would occur; or
1081              3.      To accomplish nonemergency work necessary to ensure
1082      avoidance of adverse conditions that affect the safe and
1083      efficient flow of traffic.
1084
1085      The department shall make a good faith effort to obtain two or
1086      more quotes, if available, from qualified contractors before
1087      entering into any contract. The department shall give
1088      consideration to small disadvantaged business enterprise
1089      participation. However, when the work exists within the limits
1090      of an existing contract, the department shall make a good faith
1091      effort to negotiate and enter into a contract with the prime
1092      contractor on the existing contract.
1093              Section 21.           Paragraph (a) of subsection (1) of section
1094      337.18, Florida Statutes, is amended to read:
1095              337.18       Surety bonds for construction or maintenance
1096      contracts; requirement with respect to contract award; bond
1097      requirements; defaults; damage assessments.—
1098              (1)(a)       A surety bond shall be required of the successful
1099      bidder in an amount equal to the awarded contract price.
1100      However, the department may choose, in its discretion and

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1101      applicable only to multiyear maintenance contracts, to allow for
1102      incremental annual contract bonds that cumulatively total the
1103      full, awarded, multiyear contract price. The department may also
1104      choose, in its discretion and applicable only to phased design-
1105      build contracts under s. 337.11(7)(b), to allow the issuance of
1106      multiple contract performance and payment bonds in succession to
1107      align with each phase of the contract to meet the bonding
1108      requirement in this subsection. Notwithstanding any bonding
1109      requirement under this section, the department may require, at
1110      the discretion of the secretary, that the amount of the surety
1111      bond or bonds be less than the contract price.
1112              1.      The department may waive the requirement for all or a
1113      portion of a surety bond if:
1114              a.      The contract price is $250,000 or less and the
1115      department determines that the project is of a noncritical
1116      nature and that nonperformance will not endanger public health,
1117      safety, or property;
1118              b.      The prime contractor is a qualified nonprofit agency
1119      for the blind or for the other severely handicapped under s.
1120      413.036(2); or
1121              c.      The prime contractor is using a subcontractor that is a
1122      qualified nonprofit agency for the blind or for the other
1123      severely handicapped under s. 413.036(2). However, the
1124      department may not waive more than the amount of the
1125      subcontract.

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          CS/HB 1397                                                                                           2025




1126              2.      If the department determines that it is in the best
1127      interests of the department to reduce the bonding requirement
1128      for a project and that to do so will not endanger public health,
1129      safety, or property, the department may waive the requirement of
1130      a surety bond in an amount equal to the awarded contract price
1131      for a project having a contract price of $250 million or more
1132      and, in its place, may set a surety bond amount that is a
1133      portion of the total contract price and provide an alternate
1134      means of security for the balance of the contract amount that is
1135      not covered by the surety bond or provide for incremental surety
1136      bonding and provide an alternate means of security for the
1137      balance of the contract amount that is not covered by the surety
1138      bond. Such alternative means of security may include letters of
1139      credit, United States bonds and notes, parent company
1140      guarantees, and cash collateral. The department may require
1141      alternate means of security if a surety bond is waived. The
1142      surety on such bond shall be a surety company authorized to do
1143      business in the state. All bonds shall be payable to the
1144      department and conditioned for the prompt, faithful, and
1145      efficient performance of the contract according to plans and
1146      specifications and within the time period specified, and for the
1147      prompt payment of all persons defined in s. 713.01 furnishing
1148      labor, material, equipment, and supplies for work provided in
1149      the contract; however, whenever an improvement, demolition, or
1150      removal contract price is $25,000 or less, the security may, in

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          CS/HB 1397                                                                                           2025




1151      the discretion of the bidder, be in the form of a cashier's
1152      check, bank money order of any state or national bank, certified
1153      check, or postal money order. The department shall adopt rules
1154      to implement this subsection. Such rules shall include
1155      provisions under which the department shall refuse to accept
1156      bonds on contracts when a surety wrongfully fails or refuses to
1157      settle or provide a defense for claims or actions arising under
1158      a contract for which the surety previously furnished a bond.
1159              Section 22.           Subsection (3) of section 337.251, Florida
1160      Statutes, is amended to read:
1161              337.251       Lease of property for joint public-private
1162      development and areas above or below department property.—
1163              (3)     A proposal must be selected by the department based on
1164      competitive bidding, except that the department may consider
1165      other relevant factors specified in the request for proposals.
1166      The department may consider such factors as the value of
1167      property exchanges, the cost of construction, and other
1168      recurring costs for the benefit of the department by the lessee
1169      in lieu of direct revenue to the department if such other
1170      factors are of equal value including innovative proposals to
1171      involve small minority businesses. The department may name a
1172      board of advisers which may be composed of accountants, real
1173      estate appraisers, design engineers, or other experts
1174      experienced in the type of development proposed. The board of
1175      advisers shall review the feasibility of the proposals,

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          CS/HB 1397                                                                                           2025




1176      recommend acceptance or rejection of each proposal, and rank
1177      each feasible proposal in the order of technical feasibility and
1178      benefit provided to the department. The board of advisers shall
1179      be reasonably compensated for the services provided and all
1180      department costs for evaluating the proposals shall be
1181      reimbursed from a proposal application fee to be set by the
1182      department and paid by the applicants. The board of advisers
1183      shall not be subject to selection under the provisions of
1184      chapter 287.
1185              Section 23.           Subsection (4) of section 337.406, Florida
1186      Statutes, is amended to read:
1187              337.406       Unlawful use of state transportation facility
1188      right-of-way; penalties.—
1189              (4)     Camping is prohibited on any portion of the right-of-
1190      way of the State Highway System. This subsection does not apply
1191      to persons who are actively navigating the federally designated
1192      Florida National Scenic Trail as recognized in s. 260.012(6) and
1193      have acquired the associated permits that is within 100 feet of
1194      a bridge, causeway, overpass, or ramp.
1195              Section 24.           Subsection (4) of section 338.227, Florida
1196      Statutes, is amended to read:
1197              338.227       Turnpike revenue bonds.—
1198              (4)     The Department of Transportation and the Department of
1199      Management Services shall create and implement an outreach
1200      program designed to enhance the participation of small minority

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          CS/HB 1397                                                                                           2025




1201      persons and minority business enterprises in all contracts
1202      entered into on or after July 1, 2025, by their respective
1203      departments for services related to the financing of department
1204      projects for the Strategic Intermodal System Plan developed
1205      pursuant to s. 339.64. These services shall include, but are not
1206      limited to, bond counsel and bond underwriters.
1207              Section 25.            Subsection (3) of section 339.2816, Florida
1208      Statutes, is amended to read:
1209              339.2816          Small County Road Assistance Program.—
1210              (3)     Beginning in with fiscal year 2025-2026 1999-2000
1211      until fiscal year 2009-2010, and beginning again with fiscal
1212      year 2012-2013, up to $50 $25 million annually from the State
1213      Transportation Trust Fund may be used for the purposes of
1214      funding the Small County Road Assistance Program as described in
1215      this section.
1216              Section 26.            Subsections (2), (7), and (8) of section
1217      339.2818, Florida Statutes, are amended to read:
1218              339.2818          Small County Outreach Program.—
1219              (2)     For the purposes of this section, the term "small
1220      county" means any county that has a population of 200,000 or
1221      less as determined by the most recent official estimate pursuant
1222      to s. 186.901. The term includes:
1223              (a)     A municipality within a rural area of opportunity
1224      designated under s. 288.0656(7)(a), which may compete for the
1225      additional project funding using the criteria listed in

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          CS/HB 1397                                                                                           2025




1226      paragraph (4)(c) at up to 100 percent of project costs,
1227      excluding capacity improvement projects.
1228              (b)     A local government either wholly or partially within
1229      the Everglades Agricultural Area as defined in s. 373.4592(15),
1230      the Peace River Basin, or the Suwannee River Basin, which may
1231      compete for additional funding using the criteria listed in
1232      paragraph (4)(c) at up to 100 percent of project costs on state
1233      or county roads used primarily as farm-to-market connections
1234      between rural agricultural areas and market distribution
1235      centers, excluding capacity improvement projects.
1236              (7)     Beginning in fiscal year 2025-2026, and annually
1237      thereafter, at least $50 million from the State Transportation
1238      Trust Fund may be used for the purposes of funding the Small
1239      County Outreach Program Subject to a specific appropriation in
1240      addition to funds annually appropriated for projects under this
1241      section, A municipality within a rural area of opportunity or a
1242      rural area of opportunity community designated under s.
1243      288.0656(7)(a) may compete for the additional project funding
1244      using the criteria listed in subsection (4) at up to 100 percent
1245      of project costs, excluding capacity improvement projects.
1246              (8)     Subject to a specific appropriation in addition to
1247      funds appropriated for projects under this section, A local
1248      government either wholly or partially within the Everglades
1249      Agricultural Area as defined in s. 373.4592(15), the Peace River
1250      Basin, or the Suwannee River Basin may compete for additional

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          CS/HB 1397                                                                                           2025




1251      funding using the criteria listed in paragraph (4)(c) at up to
1252      100 percent of project costs on state or county roads used
1253      primarily as farm-to-market connections between rural
1254      agricultural areas and market distribution centers, excluding
1255      capacity improvement projects.
1256              Section 27.            Paragraph (b) of subsection (3) and paragraph
1257      (c) of subsection (4) of section 339.2821, Florida Statutes, are
1258      amended to read:
1259              339.2821          Economic development transportation projects.—
1260              (3)
1261              (b)      The department must ensure that it supports small
1262      businesses as defined in s. 337.027(2) small and minority
1263      businesses have equal access to participate in transportation
1264      projects funded pursuant to this section.
1265              (4)      A contract between the department and a governmental
1266      body for a transportation project must:
1267              (c)      Require that the governmental body provide the
1268      department with progress reports. Each progress report must
1269      contain:
1270              1.      A narrative description of the work completed and
1271      whether the work is proceeding according to the transportation
1272      project schedule.;
1273              2.      A description of each change order executed by the
1274      governmental body.;
1275              3.      A budget summary detailing planned expenditures

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          CS/HB 1397                                                                                           2025




1276      compared to actual expenditures.; and
1277              4.      The identity of each small or minority business used as
1278      a contractor or subcontractor.
1279              Section 28.           Subsections (3) and (7) of section 339.651,
1280      Florida Statutes, are amended to read:
1281              339.651       Strategic Intermodal System supply chain demands.—
1282              (3)     The department may shall make up to $20 million
1283      available each year for fiscal years 2023-2024 through 2027-
1284      2028, from existing work program revenues, to fund projects that
1285      meet the public purpose of providing increased capacity and
1286      enhanced capabilities to move and store construction aggregate
1287      and transportation infrastructure-related materials. Applicants
1288      eligible for project funding under this section are seaports
1289      listed in s. 311.09 and rail lines and rail facilities.
1290              (7)     This section shall stand repealed on July 1, 2028.
1291              Section 29.           Paragraph (b) of subsection (6) of section
1292      341.051, Florida Statutes, is amended to read:
1293              341.051       Administration and financing of public transit and
1294      intercity bus service programs and projects.—
1295              (6)     ANNUAL APPROPRIATION.—
1296              (b)     If funds are allocated to projects that qualify for
1297      the New Starts Transit Program in the current fiscal year and a
1298      project will not be ready for production by June 30, the
1299      department must reallocate such funds for the purpose of the
1300      Strategic Intermodal System within the State Transportation

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          CS/HB 1397                                                                                           2025




1301      Trust Fund for the next fiscal year The remaining unallocated
1302      New Starts Transit Program funds as of June 30, 2024, shall be
1303      reallocated for the purpose of the Strategic Intermodal System
1304      within the State Transportation Trust Fund. This paragraph
1305      expires June 30, 2026.
1306
1307      For purposes of this section, the term "net operating costs"
1308      means all operating costs of a project less any federal funds,
1309      fares, or other sources of income to the project.
1310              Section 30.           Subsection (5) of section 348.754, Florida
1311      Statutes, is amended to read:
1312              348.754       Purposes and powers.—
1313              (5)     The authority shall encourage the inclusion of local
1314      and small-, small-, minority-, and women-owned businesses in its
1315      procurement and contracting opportunities.
1316              Section 31.           Subsection (2) of section 349.03, Florida
1317      Statutes, is amended, and subsection (4) is added to that
1318      section, to read:
1319              349.03       Jacksonville Transportation Authority.—
1320              (2)     The governing body of the authority shall consist of
1321      seven members. Four Three members shall be appointed by the
1322      Governor and confirmed by the Senate. Of the four members
1323      appointed by the Governor, one member must be a resident of the
1324      City of Jacksonville and the remaining three members must be
1325      residents of Clay County, Duval County, or St. Johns County.

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          CS/HB 1397                                                                                           2025




1326      Three members shall be appointed by the mayor of the City of
1327      Jacksonville subject to confirmation by the council of the City
1328      of Jacksonville. All The seventh member shall be the district
1329      secretary of the Department of Transportation serving in the
1330      district that contains the City of Jacksonville. Except for the
1331      seventh member, members appointed by the mayor of the City of
1332      Jacksonville must shall be residents and qualified electors of
1333      Duval County.
1334              (4)     The authority shall:
1335              (a)     Follow the department's small business program as
1336      described in s. 337.027.
1337              (b)     Establish protocols and systems in accordance with the
1338      requirements established in s. 112.061(16) and s. 215.985(6) and
1339      (14) and post all related information on its publicly available
1340      website.
1341              Section 32.           Sections 316.0741, 331.351, 337.125, 337.135,
1342      337.139, 339.0805, and 339.287, Florida Statutes, are repealed.
1343              Section 33.           Paragraphs (j) and (m) of subsection (2) of
1344      section 110.205, Florida Statutes, are amended to read:
1345              110.205       Career service; exemptions.—
1346              (2)     EXEMPT POSITIONS.—The exempt positions that are not
1347      covered by this part include the following:
1348              (j)     The appointed secretaries and the State Surgeon
1349      General, assistant secretaries, deputy secretaries, and deputy
1350      assistant secretaries of all departments; the executive

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          CS/HB 1397                                                                                           2025




1351      directors, assistant executive directors, deputy executive
1352      directors, and deputy assistant executive directors of all
1353      departments; the directors of all divisions and those positions
1354      determined by the department to have managerial responsibilities
1355      comparable to such positions, which positions include, but are
1356      not limited to, program directors, assistant program directors,
1357      district administrators, deputy district administrators, the
1358      Director of Central Operations Services of the Department of
1359      Children and Families, the State Transportation Development
1360      Administrator, the State Public Transportation and Modal
1361      Administrator, district secretaries, district directors of
1362      transportation development, transportation operations,
1363      transportation support, and the managers of the offices of the
1364      Department of Transportation specified in s. 20.23(4)(b) s.
1365      20.23(3)(b). Unless otherwise fixed by law, the department shall
1366      set the salary and benefits of these positions and the positions
1367      of county health department directors and county health
1368      department administrators of the Department of Health in
1369      accordance with the rules of the Senior Management Service.
1370              (m)      All assistant division director, deputy division
1371      director, and bureau chief positions in any department, and
1372      those positions determined by the department to have managerial
1373      responsibilities comparable to such positions, which include,
1374      but are not limited to:
1375              1.      Positions in the Department of Health and the

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          CS/HB 1397                                                                                           2025




1376      Department of Children and Families which are assigned primary
1377      duties of serving as the superintendent or assistant
1378      superintendent of an institution.
1379              2.      Positions in the Department of Corrections which are
1380      assigned primary duties of serving as the warden, assistant
1381      warden, colonel, or major of an institution or that are assigned
1382      primary duties of serving as the circuit administrator or deputy
1383      circuit administrator.
1384              3.      Positions in the Department of Transportation which are
1385      assigned primary duties of serving as regional toll managers and
1386      managers of offices, as specified in s. 20.23(4)(b) and (5)(c)
1387      s. 20.23(3)(b) and (4)(c).
1388              4.      Positions in the Department of Environmental Protection
1389      which are assigned the duty of an Environmental Administrator or
1390      program administrator.
1391              5.      Positions in the Department of Health which are
1392      assigned the duties of Environmental Administrator, Assistant
1393      County Health Department Director, and County Health Department
1394      Financial Administrator.
1395              6.      Positions in the Department of Highway Safety and Motor
1396      Vehicles which are assigned primary duties of serving as
1397      captains in the Florida Highway Patrol.
1398
1399      Unless otherwise fixed by law, the department shall set the
1400      salary and benefits of the positions listed in this paragraph in

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          CS/HB 1397                                                                                           2025




1401      accordance with the rules established for the Selected Exempt
1402      Service.
1403              Section 34.           Paragraph (d) of subsection (3) of section
1404      322.27, Florida Statutes, is amended to read:
1405              322.27       Authority of department to suspend or revoke driver
1406      license or identification card.—
1407              (3)      There is established a point system for evaluation of
1408      convictions of violations of motor vehicle laws or ordinances,
1409      and violations of applicable provisions of s. 403.413(6)(b) when
1410      such violations involve the use of motor vehicles, for the
1411      determination of the continuing qualification of any person to
1412      operate a motor vehicle. The department is authorized to suspend
1413      the license of any person upon showing of its records or other
1414      good and sufficient evidence that the licensee has been
1415      convicted of violation of motor vehicle laws or ordinances, or
1416      applicable provisions of s. 403.413(6)(b), amounting to 12 or
1417      more points as determined by the point system. The suspension
1418      shall be for a period of not more than 1 year.
1419              (d)      The point system shall have as its basic element a
1420      graduated scale of points assigning relative values to
1421      convictions of the following violations:
1422              1.      Reckless driving, willful and wanton—4 points.
1423              2.      Leaving the scene of a crash resulting in property
1424      damage of more than $50—6 points.
1425              3.      Unlawful speed, or unlawful use of a wireless

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          CS/HB 1397                                                                                           2025




1426      communications device, resulting in a crash—6 points.
1427              4.      Passing a stopped school bus:
1428              a.      Not causing or resulting in serious bodily injury to or
1429      death of another—4 points.
1430              b.      Causing or resulting in serious bodily injury to or
1431      death of another—6 points.
1432              c.      Points may not be imposed for a violation of passing a
1433      stopped school bus as provided in s. 316.172(1)(a) or (b) when
1434      enforced by a school bus infraction detection system pursuant to
1435      s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b)
1436      when enforced by a school bus infraction detection system
1437      pursuant to s. 316.173 may not be used for purposes of setting
1438      motor vehicle insurance rates.
1439              5.      Unlawful speed:
1440              a.      Not in excess of 15 miles per hour of lawful or posted
1441      speed—3 points.
1442              b.      In excess of 15 miles per hour of lawful or posted
1443      speed—4 points.
1444              c.      Points may not be imposed for a violation of unlawful
1445      speed as provided in s. 316.1895 or s. 316.183 when enforced by
1446      a traffic infraction enforcement officer pursuant to s.
1447      316.1896. In addition, a violation of s. 316.1895 or s. 316.183
1448      when enforced by a traffic infraction enforcement officer
1449      pursuant to s. 316.1896 may not be used for purposes of setting
1450      motor vehicle insurance rates.

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          CS/HB 1397                                                                                           2025




1451              6.      A violation of a traffic control signal device as
1452      provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
1453      However, points may not be imposed for a violation of s.
1454      316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1455      stop at a traffic signal and when enforced by a traffic
1456      infraction enforcement officer. In addition, a violation of s.
1457      316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1458      stop at a traffic signal and when enforced by a traffic
1459      infraction enforcement officer may not be used for purposes of
1460      setting motor vehicle insurance rates.
1461              7.      Unlawfully driving a vehicle through a railroad-highway
1462      grade crossing—6 points.
1463              8.      All other moving violations (including parking on a
1464      highway outside the limits of a municipality)—3 points. However,
1465      points may not be imposed for a violation of s. 316.0741 or s.
1466      316.2065(11); and points may be imposed for a violation of s.
1467      316.1001 only when imposed by the court after a hearing pursuant
1468      to s. 318.14(5).
1469              9.      Any moving violation covered in this paragraph,
1470      excluding unlawful speed and unlawful use of a wireless
1471      communications device, resulting in a crash—4 points.
1472              10.      Any conviction under s. 403.413(6)(b)—3 points.
1473              11.      Any conviction under s. 316.0775(2)—4 points.
1474              12.      A moving violation covered in this paragraph which is
1475      committed in conjunction with the unlawful use of a wireless

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          CS/HB 1397                                                                                           2025




1476      communications device within a school safety zone—2 points, in
1477      addition to the points assigned for the moving violation.
1478              Section 35.           Subsection (13) of section 365.172, Florida
1479      Statutes, is amended to read:
1480              365.172        Emergency communications.—
1481              (13)        FACILITATING EMERGENCY COMMUNICATIONS SERVICE
1482      IMPLEMENTATION.—To balance the public need for reliable
1483      emergency communications services through reliable wireless
1484      systems and the public interest served by governmental zoning
1485      and land development regulations and notwithstanding any other
1486      law or local ordinance to the contrary, the following standards
1487      shall apply to a local government's actions, as a regulatory
1488      body, in the regulation of the placement, construction, or
1489      modification of a wireless communications facility. This
1490      subsection may not, however, be construed to waive or alter the
1491      provisions of s. 286.011 or s. 286.0115. For the purposes of
1492      this subsection only, "local government" shall mean any
1493      municipality or county and any agency of a municipality or
1494      county only. The term "local government" does not, however,
1495      include any airport, as defined in s. 330.27 by s. 330.27(2),
1496      even if it is owned or controlled by or through a municipality,
1497      county, or agency of a municipality or county. Further,
1498      notwithstanding anything in this section to the contrary, this
1499      subsection does not apply to or control a local government's
1500      actions as a property or structure owner in the use of any

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          CS/HB 1397                                                                                           2025




1501      property or structure owned by such entity for the placement,
1502      construction, or modification of wireless communications
1503      facilities. In the use of property or structures owned by the
1504      local government, however, a local government may not use its
1505      regulatory authority so as to avoid compliance with, or in a
1506      manner that does not advance, the provisions of this subsection.
1507              (a)     Colocation among wireless providers is encouraged by
1508      the state.
1509              1.a.        Colocations on towers, including nonconforming
1510      towers, that meet the requirements in sub-sub-subparagraphs (I),
1511      (II), and (III), are subject to only building permit review,
1512      which may include a review for compliance with this
1513      subparagraph. Such colocations are not subject to any design or
1514      placement requirements of the local government's land
1515      development regulations in effect at the time of the colocation
1516      that are more restrictive than those in effect at the time of
1517      the initial antennae placement approval, to any other portion of
1518      the land development regulations, or to public hearing review.
1519      This sub-subparagraph may not preclude a public hearing for any
1520      appeal of the decision on the colocation application.
1521              (I)     The colocation does not increase the height of the
1522      tower to which the antennae are to be attached, measured to the
1523      highest point of any part of the tower or any existing antenna
1524      attached to the tower;
1525              (II)        The colocation does not increase the ground space

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          CS/HB 1397                                                                                           2025




1526      area, commonly known as the compound, approved in the site plan
1527      for equipment enclosures and ancillary facilities; and
1528              (III)       The colocation consists of antennae, equipment
1529      enclosures, and ancillary facilities that are of a design and
1530      configuration consistent with all applicable regulations,
1531      restrictions, or conditions, if any, applied to the initial
1532      antennae placed on the tower and to its accompanying equipment
1533      enclosures and ancillary facilities and, if applicable, applied
1534      to the tower supporting the antennae. Such regulations may
1535      include the design and aesthetic requirements, but not
1536      procedural requirements, other than those authorized by this
1537      section, of the local government's land development regulations
1538      in effect at the time the initial antennae placement was
1539      approved.
1540              b.      Except for a historic building, structure, site,
1541      object, or district, or a tower included in sub-subparagraph a.,
1542      colocations on all other existing structures that meet the
1543      requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
1544      to no more than building permit review, and an administrative
1545      review for compliance with this subparagraph. Such colocations
1546      are not subject to any portion of the local government's land
1547      development regulations not addressed herein, or to public
1548      hearing review. This sub-subparagraph may not preclude a public
1549      hearing for any appeal of the decision on the colocation
1550      application.

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          CS/HB 1397                                                                                           2025




1551              (I)      The colocation does not increase the height of the
1552      existing structure to which the antennae are to be attached,
1553      measured to the highest point of any part of the structure or
1554      any existing antenna attached to the structure;
1555              (II)        The colocation does not increase the ground space
1556      area, otherwise known as the compound, if any, approved in the
1557      site plan for equipment enclosures and ancillary facilities;
1558              (III)        The colocation consists of antennae, equipment
1559      enclosures, and ancillary facilities that are of a design and
1560      configuration consistent with any applicable structural or
1561      aesthetic design requirements and any requirements for location
1562      on the structure, but not prohibitions or restrictions on the
1563      placement of additional colocations on the existing structure or
1564      procedural requirements, other than those authorized by this
1565      section, of the local government's land development regulations
1566      in effect at the time of the colocation application; and
1567              (IV)        The colocation consists of antennae, equipment
1568      enclosures, and ancillary facilities that are of a design and
1569      configuration consistent with all applicable restrictions or
1570      conditions, if any, that do not conflict with sub-sub-
1571      subparagraph (III) and were applied to the initial antennae
1572      placed on the structure and to its accompanying equipment
1573      enclosures and ancillary facilities and, if applicable, applied
1574      to the structure supporting the antennae.
1575              c.      Regulations, restrictions, conditions, or permits of

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          CS/HB 1397                                                                                           2025




1576      the local government, acting in its regulatory capacity, that
1577      limit the number of colocations or require review processes
1578      inconsistent with this subsection do not apply to colocations
1579      addressed in this subparagraph.
1580              d.      If only a portion of the colocation does not meet the
1581      requirements of this subparagraph, such as an increase in the
1582      height of the proposed antennae over the existing structure
1583      height or a proposal to expand the ground space approved in the
1584      site plan for the equipment enclosure, where all other portions
1585      of the colocation meet the requirements of this subparagraph,
1586      that portion of the colocation only may be reviewed under the
1587      local government's regulations applicable to an initial
1588      placement of that portion of the facility, including, but not
1589      limited to, its land development regulations, and within the
1590      review timeframes of subparagraph (d)2., and the rest of the
1591      colocation shall be reviewed in accordance with this
1592      subparagraph. A colocation proposal under this subparagraph that
1593      increases the ground space area, otherwise known as the
1594      compound, approved in the original site plan for equipment
1595      enclosures and ancillary facilities by no more than a cumulative
1596      amount of 400 square feet or 50 percent of the original compound
1597      size, whichever is greater, shall, however, require no more than
1598      administrative review for compliance with the local government's
1599      regulations, including, but not limited to, land development
1600      regulations review, and building permit review, with no public

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          CS/HB 1397                                                                                           2025




1601      hearing review. This sub-subparagraph does not preclude a public
1602      hearing for any appeal of the decision on the colocation
1603      application.
1604              2.      If a colocation does not meet the requirements of
1605      subparagraph 1., the local government may review the application
1606      under the local government's regulations, including, but not
1607      limited to, land development regulations, applicable to the
1608      placement of initial antennae and their accompanying equipment
1609      enclosure and ancillary facilities.
1610              3.      If a colocation meets the requirements of subparagraph
1611      1., the colocation may not be considered a modification to an
1612      existing structure or an impermissible modification of a
1613      nonconforming structure.
1614              4.      The owner of the existing tower on which the proposed
1615      antennae are to be colocated shall remain responsible for
1616      compliance with any applicable condition or requirement of a
1617      permit or agreement, or any applicable condition or requirement
1618      of the land development regulations to which the existing tower
1619      had to comply at the time the tower was permitted, including any
1620      aesthetic requirements, provided the condition or requirement is
1621      not inconsistent with this paragraph.
1622              5.      An existing tower, including a nonconforming tower, may
1623      be structurally modified in order to permit colocation or may be
1624      replaced through no more than administrative review and building
1625      permit review, and is not subject to public hearing review, if

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          CS/HB 1397                                                                                           2025




1626      the overall height of the tower is not increased and, if a
1627      replacement, the replacement tower is a monopole tower or, if
1628      the existing tower is a camouflaged tower, the replacement tower
1629      is a like-camouflaged tower. This subparagraph may not preclude
1630      a public hearing for any appeal of the decision on the
1631      application.
1632              (b)1.       A local government's land development and
1633      construction regulations for wireless communications facilities
1634      and the local government's review of an application for the
1635      placement, construction, or modification of a wireless
1636      communications facility shall only address land development or
1637      zoning issues. In such local government regulations or review,
1638      the local government may not require information on or evaluate
1639      a wireless provider's business decisions about its service,
1640      customer demand for its service, or quality of its service to or
1641      from a particular area or site, unless the wireless provider
1642      voluntarily offers this information to the local government. In
1643      such local government regulations or review, a local government
1644      may not require information on or evaluate the wireless
1645      provider's designed service unless the information or materials
1646      are directly related to an identified land development or zoning
1647      issue or unless the wireless provider voluntarily offers the
1648      information. Information or materials directly related to an
1649      identified land development or zoning issue may include, but are
1650      not limited to, evidence that no existing structure can

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          CS/HB 1397                                                                                           2025




1651      reasonably be used for the antennae placement instead of the
1652      construction of a new tower, that residential areas cannot be
1653      served from outside the residential area, as addressed in
1654      subparagraph 3., or that the proposed height of a new tower or
1655      initial antennae placement or a proposed height increase of a
1656      modified tower, replacement tower, or colocation is necessary to
1657      provide the provider's designed service. Nothing in this
1658      paragraph shall limit the local government from reviewing any
1659      applicable land development or zoning issue addressed in its
1660      adopted regulations that does not conflict with this section,
1661      including, but not limited to, aesthetics, landscaping, land
1662      use-based location priorities, structural design, and setbacks.
1663              2.      Any setback or distance separation required of a tower
1664      may not exceed the minimum distance necessary, as determined by
1665      the local government, to satisfy the structural safety or
1666      aesthetic concerns that are to be protected by the setback or
1667      distance separation.
1668              3.      A local government may exclude the placement of
1669      wireless communications facilities in a residential area or
1670      residential zoning district but only in a manner that does not
1671      constitute an actual or effective prohibition of the provider's
1672      service in that residential area or zoning district. If a
1673      wireless provider demonstrates to the satisfaction of the local
1674      government that the provider cannot reasonably provide its
1675      service to the residential area or zone from outside the

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          CS/HB 1397                                                                                           2025




1676      residential area or zone, the municipality or county and
1677      provider shall cooperate to determine an appropriate location
1678      for a wireless communications facility of an appropriate design
1679      within the residential area or zone. The local government may
1680      require that the wireless provider reimburse the reasonable
1681      costs incurred by the local government for this cooperative
1682      determination. An application for such cooperative determination
1683      may not be considered an application under paragraph (d).
1684              4.      A local government may impose a reasonable fee on
1685      applications to place, construct, or modify a wireless
1686      communications facility only if a similar fee is imposed on
1687      applicants seeking other similar types of zoning, land use, or
1688      building permit review. A local government may impose fees for
1689      the review of applications for wireless communications
1690      facilities by consultants or experts who conduct code compliance
1691      review for the local government but any fee is limited to
1692      specifically identified reasonable expenses incurred in the
1693      review. A local government may impose reasonable surety
1694      requirements to ensure the removal of wireless communications
1695      facilities that are no longer being used.
1696              5.      A local government may impose design requirements, such
1697      as requirements for designing towers to support colocation or
1698      aesthetic requirements, except as otherwise limited in this
1699      section, but may not impose or require information on compliance
1700      with building code type standards for the construction or

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          CS/HB 1397                                                                                           2025




1701      modification of wireless communications facilities beyond those
1702      adopted by the local government under chapter 553 and that apply
1703      to all similar types of construction.
1704              (c)      Local governments may not require wireless providers
1705      to provide evidence of a wireless communications facility's
1706      compliance with federal regulations, except evidence of
1707      compliance with applicable Federal Aviation Administration
1708      requirements under 14 C.F.R. part 77, as amended, and evidence
1709      of proper Federal Communications Commission licensure, or other
1710      evidence of Federal Communications Commission authorized
1711      spectrum use, but may request the Federal Communications
1712      Commission to provide information as to a wireless provider's
1713      compliance with federal regulations, as authorized by federal
1714      law.
1715              (d)1.       A local government shall grant or deny each properly
1716      completed application for a colocation under subparagraph (a)1.
1717      based on the application's compliance with the local
1718      government's applicable regulations, as provided for in
1719      subparagraph (a)1. and consistent with this subsection, and
1720      within the normal timeframe for a similar building permit review
1721      but in no case later than 45 business days after the date the
1722      application is determined to be properly completed in accordance
1723      with this paragraph.
1724              2.      A local government shall grant or deny each properly
1725      completed application for any other wireless communications

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          CS/HB 1397                                                                                           2025




1726      facility based on the application's compliance with the local
1727      government's applicable regulations, including but not limited
1728      to land development regulations, consistent with this subsection
1729      and within the normal timeframe for a similar type review but in
1730      no case later than 90 business days after the date the
1731      application is determined to be properly completed in accordance
1732      with this paragraph.
1733              3.a.        An application is deemed submitted or resubmitted on
1734      the date the application is received by the local government. If
1735      the local government does not notify the applicant in writing
1736      that the application is not completed in compliance with the
1737      local government's regulations within 20 business days after the
1738      date the application is initially submitted or additional
1739      information resubmitted, the application is deemed, for
1740      administrative purposes only, to be properly completed and
1741      properly submitted. However, the determination may not be deemed
1742      as an approval of the application. If the application is not
1743      completed in compliance with the local government's regulations,
1744      the local government shall so notify the applicant in writing
1745      and the notification must indicate with specificity any
1746      deficiencies in the required documents or deficiencies in the
1747      content of the required documents which, if cured, make the
1748      application properly completed. Upon resubmission of information
1749      to cure the stated deficiencies, the local government shall
1750      notify the applicant, in writing, within the normal timeframes

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          CS/HB 1397                                                                                           2025




1751      of review, but in no case longer than 20 business days after the
1752      additional information is submitted, of any remaining
1753      deficiencies that must be cured. Deficiencies in document type
1754      or content not specified by the local government do not make the
1755      application incomplete. Notwithstanding this sub-subparagraph,
1756      if a specified deficiency is not properly cured when the
1757      applicant resubmits its application to comply with the notice of
1758      deficiencies, the local government may continue to request the
1759      information until such time as the specified deficiency is
1760      cured. The local government may establish reasonable timeframes
1761      within which the required information to cure the application
1762      deficiency is to be provided or the application will be
1763      considered withdrawn or closed.
1764              b.      If the local government fails to grant or deny a
1765      properly completed application for a wireless communications
1766      facility within the timeframes set forth in this paragraph, the
1767      application shall be deemed automatically approved and the
1768      applicant may proceed with placement of the facilities without
1769      interference or penalty. The timeframes specified in
1770      subparagraph 2. may be extended only to the extent that the
1771      application has not been granted or denied because the local
1772      government's procedures generally applicable to all other
1773      similar types of applications require action by the governing
1774      body and such action has not taken place within the timeframes
1775      specified in subparagraph 2. Under such circumstances, the local

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          CS/HB 1397                                                                                           2025




1776      government must act to either grant or deny the application at
1777      its next regularly scheduled meeting or, otherwise, the
1778      application is deemed to be automatically approved.
1779              c.      To be effective, a waiver of the timeframes set forth
1780      in this paragraph must be voluntarily agreed to by the applicant
1781      and the local government. A local government may request, but
1782      not require, a waiver of the timeframes by the applicant, except
1783      that, with respect to a specific application, a one-time waiver
1784      may be required in the case of a declared local, state, or
1785      federal emergency that directly affects the administration of
1786      all permitting activities of the local government.
1787              (e)      The replacement of or modification to a wireless
1788      communications facility, except a tower, that results in a
1789      wireless communications facility not readily discernibly
1790      different in size, type, and appearance when viewed from ground
1791      level from surrounding properties, and the replacement or
1792      modification of equipment that is not visible from surrounding
1793      properties, all as reasonably determined by the local
1794      government, are subject to no more than applicable building
1795      permit review.
1796              (f)      Any other law to the contrary notwithstanding, the
1797      Department of Management Services shall negotiate, in the name
1798      of the state, leases for wireless communications facilities that
1799      provide access to state government-owned property not acquired
1800      for transportation purposes, and the Department of

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          CS/HB 1397                                                                                           2025




1801      Transportation shall negotiate, in the name of the state, leases
1802      for wireless communications facilities that provide access to
1803      property acquired for state rights-of-way. On property acquired
1804      for transportation purposes, leases shall be granted in
1805      accordance with s. 337.251. On other state government-owned
1806      property, leases shall be granted on a space available, first-
1807      come, first-served basis. Payments required by state government
1808      under a lease must be reasonable and must reflect the market
1809      rate for the use of the state government-owned property. The
1810      Department of Management Services and the Department of
1811      Transportation are authorized to adopt rules for the terms and
1812      conditions and granting of any such leases.
1813              (g)     If any person adversely affected by any action, or
1814      failure to act, or regulation, or requirement of a local
1815      government in the review or regulation of the wireless
1816      communication facilities files an appeal or brings an
1817      appropriate action in a court or venue of competent
1818      jurisdiction, following the exhaustion of all administrative
1819      remedies, the matter shall be considered on an expedited basis.
1820              Section 36.            Subsection (2) of section 379.2293, Florida
1821      Statutes, is amended to read:
1822              379.2293          Airport activities within the scope of a
1823      federally approved wildlife hazard management plan or a federal
1824      or state permit or other authorization for depredation or
1825      harassment.—

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          CS/HB 1397                                                                                           2025




1826              (2)     An airport authority or other entity owning or
1827      operating an airport, as defined in s. 330.27 s. 330.27(2), is
1828      not subject to any administrative or civil penalty, restriction,
1829      or other sanction with respect to any authorized action taken in
1830      a non-negligent manner for the purpose of protecting human life
1831      or aircraft safety from wildlife hazards.
1832              Section 37.            Subsection (22) of section 493.6101, Florida
1833      Statutes, is amended to read:
1834              493.6101          Definitions.—
1835              (22)        "Repossession" means the recovery of a motor vehicle
1836      as defined under s. 320.01(1), a mobile home as defined in s.
1837      320.01(2), a motorboat as defined under s. 327.02, an aircraft
1838      as defined in s. 330.27 s. 330.27(1), a personal watercraft as
1839      defined in s. 327.02, an all-terrain vehicle as defined in s.
1840      316.2074, farm equipment as defined under s. 686.402, or
1841      industrial equipment, by an individual who is authorized by the
1842      legal owner, lienholder, or lessor to recover, or to collect
1843      money payment in lieu of recovery of, that which has been sold
1844      or leased under a security agreement that contains a
1845      repossession clause. As used in this subsection, the term
1846      "industrial equipment" includes, but is not limited to,
1847      tractors, road rollers, cranes, forklifts, backhoes, and
1848      bulldozers. The term "industrial equipment" also includes other
1849      vehicles that are propelled by power other than muscular power
1850      and that are used in the manufacture of goods or used in the

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          CS/HB 1397                                                                                           2025




1851      provision of services. A repossession is complete when a
1852      licensed recovery agent is in control, custody, and possession
1853      of such repossessed property. Property that is being repossessed
1854      shall be considered to be in the control, custody, and
1855      possession of a recovery agent if the property being repossessed
1856      is secured in preparation for transport from the site of the
1857      recovery by means of being attached to or placed on the towing
1858      or other transport vehicle or if the property being repossessed
1859      is being operated or about to be operated by an employee of the
1860      recovery agency.
1861              Section 38.            Paragraph (c) of subsection (1) of section
1862      493.6403, Florida Statutes, is amended to read:
1863              493.6403          License requirements.—
1864              (1)      In addition to the license requirements set forth in
1865      this chapter, each individual or agency shall comply with the
1866      following additional requirements:
1867              (c)      An applicant for a Class "E" license shall have at
1868      least 1 year of lawfully gained, verifiable, full-time
1869      experience in one, or a combination of more than one, of the
1870      following:
1871              1.      Repossession of motor vehicles as defined in s.
1872      320.01(1), mobile homes as defined in s. 320.01(2), motorboats
1873      as defined in s. 327.02, aircraft as defined in s. 330.27 s.
1874      330.27(1), personal watercraft as defined in s. 327.02, all-
1875      terrain vehicles as defined in s. 316.2074, farm equipment as

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 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




          CS/HB 1397                                                                                           2025




1876      defined under s. 686.402, or industrial equipment as defined in
1877      s. 493.6101(22).
1878              2.      Work as a Class "EE" licensed intern.
1879              Section 39.           This act shall take effect July 1, 2025.




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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1397   (2025)
       Amendment No.




            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:    Transportation & Economic
2      Development Budget Subcommittee
3      Representative Abbott offered the following:
4
 5          Amendment (with title amendment)
 6          Remove lines 949-1184 and insert:
 7          Section 16.   Subsection (3) is added to section 334.27,
 8     Florida Statutes, to read:
 9          334.27   Governmental transportation entities; property
10     acquired for transportation purposes; limitation on soil or
11     groundwater contamination liability.—
12          (3)    Any authority established under the laws of this state
13     or any of its counties, municipalities, or political
14     subdivisions, including, but not limited to, transportation,
15     parking, and economic development authorities, shall have full
16     power to conduct business; to operate, manage, and control
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/HB 1397   (2025)
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17     facilities; and to provide services beyond the geographical
18     boundaries of such counties, municipalities, or political
19     subdivisions that originally chartered such authority, subject
20     to this subsection. The authority may engage in activities
21     outside of its chartering jurisdiction upon entering into an
22     interlocal agreement with the governing body of the affected
23     county, municipality, or political subdivision, as applicable.
24          Section 17.   Section 334.62, Florida Statutes, is created
25     to read:
26          334.62    Florida Transportation Academy.—
27          (1)   The Legislature finds that the growth and
28     sustainability of the transportation workforce industry is vital
29     to the continued success and efficiency of this state's supply
30     chain and economic competitiveness. In order to prioritize the
31     continued need for transportation industry workforce development
32     programs, the Florida Transportation Academy is established.
33          (2)   In order to support, promote, and sustain workforce
34     development efforts of the transportation sector, the department
35     may work with state agencies referenced in this chapter,
36     industry organizations, and private sector businesses, as
37     appropriate.
38          (3)   The department may coordinate with all of the
39     following entities:
40          (a)   The Department of Corrections to identify and create
41     certification and training opportunities for nonviolent inmates
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/HB 1397   (2025)
       Amendment No.


42     and create a process to allow the Department of Corrections to
43     notify the department when a nonviolent inmate who is seeking
44     employment has received a scheduled release date.
45          (b)   The Department of Juvenile Justice and its educational
46     partners to create certification and training opportunities for
47     eligible youth.
48          (c)   Veterans' organizations to encourage honorably
49     discharged veterans to pursue opportunities within the
50     transportation industry, including, but not limited to,
51     employment as pilots, mechanics, and air traffic controllers.
52          (d)   The Department of Commerce, CareerSource Florida, and
53     regional business communities, within and outside of the
54     transportation industry, to further understand recruitment and
55     retention needs and job-seeker pipelines.
56          (e)   The American Council of Engineering Companies and the
57     Florida Transportation Builders Association to optimize
58     workforce recruitment and retention and assess the future needs
59     of the transportation industry and this state.
60          Section 18.   Subsection (3) of section 335.182, Florida
61     Statutes, is amended to read:
62          335.182    Regulation of connections to roads on State
63     Highway System; definitions.—
64          (3)   As used in this act, the term:




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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1397   (2025)
       Amendment No.


65          (a)    "Connection" means driveways, streets, turnouts, or
66     other means of providing for the right of reasonable access to
67     or from the State Highway System.
68          (b)    "Modification of a connection" means relocation,
69     alteration, or closure of a connection.
70          (c)(b)    "Significant change" means:
71          1.    A change in the use of the property, including
72     development of the land, structures, or facilities;, or
73          2.    An expansion of the size of the property, structures,
74     or facilities causing an increase in the trip generation of the
75     property exceeding 25 percent more trip generation, (either peak
76     hour or daily,) and exceeding 100 vehicles per day more than the
77     existing use.
78          Section 19.    Subsections (3) and (4) of section 335.187,
79     Florida Statutes, are amended to read:
80          335.187    Unpermitted connections; existing access permits;
81     nonconforming permits; modification and revocation of permits.—
82          (3)    The department may issue a nonconforming access permit
83     if denying after finding that to deny an access permit would
84     leave the property without a reasonable means of access to the
85     State Highway System. The department may specify limits on the
86     maximum vehicular use of the connection and may impose
87     conditions be conditioned on the availability of future
88     alternative means of access for which access permits can be
89     obtained.
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                                                Bill No. CS/HB 1397     (2025)
        Amendment No.


90           (4)    After written notice and the opportunity for a
91      hearing, as provided for in s. 120.60, the department may modify
92      or revoke an access permit issued after July 1, 1988, by
 93     requiring modification relocation, alteration, or closure of an
 94     existing connection if:
 95          (a)    A significant change occurs in the use, design, or
 96     traffic flow of the connection; or
 97          (b)    The connection would jeopardize the safety of the
 98     public or have a negative impact on the operational
 99     characteristics of the highway.
100          Section 20.    Subsection (2) of section 337.027, Florida
101     Statutes, is amended to read:
102          337.027    Authority to implement a business development
103     program.—
104          (2)    For purposes of this section, the term "small
105     business" means a business with yearly average gross receipts of
106     less than $25 $15 million for road and bridge contracts and less
107     than $10 $6.5 million for professional and nonprofessional
108     services contracts. A business' average gross receipts is
109     determined by averaging its annual gross receipts over the last
110     3 years, including the receipts of any affiliate as defined in
111     s. 337.165.
112          Section 21.    Subsection (6) of section 337.11, Florida
113     Statutes, is amended to read:


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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1397   (2025)
        Amendment No.


114          337.11    Contracting authority of department; bids;
115     emergency repairs, supplemental agreements, and change orders;
116     combined design and construction contracts; progress payments;
117     records; requirements of vehicle registration.—
118          (6)(a)    If the secretary determines that an emergency in
119     regard to the restoration or repair of any state transportation
120     facility exists such that the delay incident to giving
121     opportunity for competitive bidding would be detrimental to the
122     interests of the state, the provisions for competitive bidding
123     do not apply; and the department may enter into contracts for
124     restoration or repair without giving opportunity for competitive
125     bidding on such contracts. Within 30 days after such
126     determination and contract execution, the head of the department
127     shall file with the Executive Office of the Governor a written
128     statement of the conditions and circumstances constituting such
129     emergency.
130          (b)     If the secretary determines that delays on a contract
131     for maintenance exist due to administrative challenges, bid
132     protests, defaults or terminations and the further delay would
133     reduce safety on the transportation facility or seriously hinder
134     the department's ability to preserve the state's investment in
135     that facility, competitive bidding provisions may be waived and
136     the department may enter into a contract for maintenance on the
137     facility. However, contracts for maintenance executed under the
138     provisions of this paragraph shall be interim in nature and
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1397   (2025)
        Amendment No.


139     shall be limited in duration to a period of time not to exceed
140     the length of the delay necessary to complete the competitive
141     bidding process and have the contract in place.
142          (c)    When the department determines that it is in the best
143     interest of the public for reasons of public concern, economy,
144     improved operations, or safety, and only when circumstances
145     dictate rapid completion of the work, the department may, up to
146     the amount of $500,000, enter into contracts for construction
147     and maintenance without advertising and receiving competitive
148     bids. The department may enter into such contracts only upon a
149     determination that the work is necessary for one of the
150     following reasons:
151          1.    To ensure timely completion of projects or avoidance of
152     undue delay for other projects;
153          2.    To accomplish minor repairs or construction and
154     maintenance activities for which time is of the essence and for
155     which significant cost savings would occur; or
156          3.    To accomplish nonemergency work necessary to ensure
157     avoidance of adverse conditions that affect the safe and
158     efficient flow of traffic.
159
160     The department shall make a good faith effort to obtain two or
161     more quotes, if available, from qualified contractors before
162     entering into any contract. The department shall give
163     consideration to small disadvantaged business enterprise
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1397   (2025)
        Amendment No.


164     participation. However, when the work exists within the limits
165     of an existing contract, the department shall make a good faith
166     effort to negotiate and enter into a contract with the prime
167     contractor on the existing contract.
168          Section 22.   Paragraph (a) of subsection (1) of section
169     337.18, Florida Statutes, is amended to read:
170          337.18   Surety bonds for construction or maintenance
171     contracts; requirement with respect to contract award; bond
172     requirements; defaults; damage assessments.—
173          (1)(a)   A surety bond shall be required of the successful
174     bidder in an amount equal to the awarded contract price.
175     However, the department may choose, in its discretion and
176     applicable only to multiyear maintenance contracts, to allow for
177     incremental annual contract bonds that cumulatively total the
178     full, awarded, multiyear contract price. The department may also
179     choose, in its discretion and applicable only to phased design-
180     build contracts under s. 337.11(7)(b), to allow the issuance of
181     multiple contract performance and payment bonds in succession to
182     align with each phase of the contract to meet the bonding
183     requirement in this subsection. Notwithstanding any bonding
184     requirement under this section, the department may require, at
185     the discretion of the secretary, that the amount of the surety
186     bond or bonds be less than the contract price.
187          1.   The department may waive the requirement for all or a
188     portion of a surety bond if:
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1397   (2025)
        Amendment No.


189          a.   The contract price is $250,000 or less and the
190     department determines that the project is of a noncritical
191     nature and that nonperformance will not endanger public health,
192     safety, or property;
193          b.   The prime contractor is a qualified nonprofit agency
194     for the blind or for the other severely handicapped under s.
195     413.036(2); or
196          c.   The prime contractor is using a subcontractor that is a
197     qualified nonprofit agency for the blind or for the other
198     severely handicapped under s. 413.036(2). However, the
199     department may not waive more than the amount of the
200     subcontract.
201          2.   If the department determines that it is in the best
202     interests of the department to reduce the bonding requirement
203     for a project and that to do so will not endanger public health,
204     safety, or property, the department may waive the requirement of
205     a surety bond in an amount equal to the awarded contract price
206     for a project having a contract price of $250 million or more
207     and, in its place, may set a surety bond amount that is a
208     portion of the total contract price and provide an alternate
209     means of security for the balance of the contract amount that is
210     not covered by the surety bond or provide for incremental surety
211     bonding and provide an alternate means of security for the
212     balance of the contract amount that is not covered by the surety
213     bond. Such alternative means of security may include letters of
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1397   (2025)
        Amendment No.


214     credit, United States bonds and notes, parent company
215     guarantees, and cash collateral. The department may require
216     alternate means of security if a surety bond is waived. The
217     surety on such bond shall be a surety company authorized to do
218     business in the state. All bonds shall be payable to the
219     department and conditioned for the prompt, faithful, and
220     efficient performance of the contract according to plans and
221     specifications and within the time period specified, and for the
222     prompt payment of all persons defined in s. 713.01 furnishing
223     labor, material, equipment, and supplies for work provided in
224     the contract; however, whenever an improvement, demolition, or
225     removal contract price is $25,000 or less, the security may, in
226     the discretion of the bidder, be in the form of a cashier's
227     check, bank money order of any state or national bank, certified
228     check, or postal money order. The department shall adopt rules
229     to implement this subsection. Such rules shall include
230     provisions under which the department shall refuse to accept
231     bonds on contracts when a surety wrongfully fails or refuses to
232     settle or provide a defense for claims or actions arising under
233     a contract for which the surety previously furnished a bond.
234          Section 23.   Subsection (3) of section 337.251, Florida
235     Statutes, is amended to read:
236          337.251    Lease of property for joint public-private
237     development and areas above or below department property.—


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                                                Bill No. CS/HB 1397   (2025)
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238          (3)   A proposal must be selected by the department based on
239     competitive bidding, except that the department may consider
240     other relevant factors specified in the request for proposals.
241     The department may consider such factors as the value of
242     property exchanges, the cost of construction, and other
243     recurring costs for the benefit of the department by the lessee
244     in lieu of direct revenue to the department if such other
245     factors are of equal value including innovative proposals to
246     involve small minority businesses. The department may name a
247     board of advisers which may be composed of accountants, real
248     estate appraisers, design engineers, or other experts
249     experienced in the type of development proposed. The board of
250     advisers shall review the feasibility of the proposals,
251     recommend acceptance or rejection of each proposal, and rank
252     each feasible proposal in the order of technical feasibility and
253     benefit provided to the department. The board of advisers shall
254     be reasonably compensated for the services provided and all
255     department costs for evaluating the proposals shall be
256     reimbursed from a proposal application fee to be set by the
257     department and paid by the applicants. The board of advisers
258     shall not be subject to selection under the provisions of
259     chapter 287.
260          Section 24.   Subsection (2) of section 337.401, Florida
261     Statutes, is amended to read:


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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 1397    (2025)
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262          337.401    Use of right-of-way for utilities subject to
263     regulation; permit; fees.—
264          (2)(a)    The authority may grant to any person who is a
265     resident of this state, or to any corporation which is organized
266     under the laws of this state or licensed to do business within
267     this state, the use of a right-of-way for the utility in
268     accordance with such rules or regulations as the authority may
269     adopt. A utility may not be installed, located, or relocated
270     unless authorized by a written permit issued by the authority.
271     However, for public roads or publicly owned rail corridors under
272     the jurisdiction of the department, a utility relocation
273     schedule and relocation agreement may be executed in lieu of a
274     written permit. The permit must require the permitholder to be
275     responsible for any damage resulting from the issuance of such
276     permit. The authority may initiate injunctive proceedings as
277     provided in s. 120.69 to enforce provisions of this subsection
278     or any rule or order issued or entered into pursuant to this
279     subsection thereto. A permit application required under this
280     subsection by a county or municipality having jurisdiction and
281     control of the right-of-way of any public road must be processed
282     and acted upon in accordance with the timeframes provided in
283     subparagraphs (7)(d)7., 8., and 9.
284          (b)   Notwithstanding paragraph (a), a county or
285     municipality may not adopt a rule or regulation that prohibits
286     or requires a permit for the installation of a public sewer
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                                                Bill No. CS/HB 1397   (2025)
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287     transmission line that is placed and maintained within and under
288     publicly dedicated rights-of-way as part of a septic-to-sewer
289     conversion project in which the department and the Department of
290     Environmental Protection or its designee have issued permits
291     under this chapter or chapter 403, respectively.
292
293           -----------------------------------------------------
294                       T I T L E   A M E N D M E N T
295          Remove lines 77-94 and insert:
296          changes made by the act; amending s. 334.27, F.S.;
297          providing that certain authorities have full power to
298          conduct business, provide services, and take certain
299          actions beyond certain geographical boundaries;
300          requiring an interlocal agreement; creating s. 334.62,
301          F.S.; providing legislative findings; creating the
302          Florida Transportation Academy for a specified
303          purpose; authorizing the department to work with
304          certain entities to support, promote, and sustain
305          certain workforce development efforts; authorizing the
306          department to coordinate with specified entities for
307          certain purposes; amending s. 335.182, F.S.; revising
308          the definition of the term "significant change";
309          defining the term "modification of a connection";
310          amending s. 335.187, F.S.; revising the conditions
311          under which the department may modify or revoke a
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 1397   (2025)
        Amendment No.


312          permit; amending s. 337.027, F.S.; revising the
313          definition of the term "small business"; amending ss.
314          337.11 and 337.251, F.S.; conforming provisions to
315          changes made by the act; amending s. 337.18, F.S.;
316          authorizing the department to require the amount of
317          certain bonds to be less than a certain price;
318          amending s. 337.401, F.S.; prohibiting counties and
319          municipalities from adopting certain rules and
320          regulations relating to permits for the installation
321          of a public sewer transmission line under certain
322          circumstances;




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