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
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- 2025 04 02 3284 Transportation Economic Development Budget Subcommittee Meeting Packets Fn
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- 2025-04-02
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- 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.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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).
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DATE: 4/1/2025
1
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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2
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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3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 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
Page 1 of 3
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hb1165-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 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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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 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.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
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.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill addresses several matters related to the Florida Department of Transportation (FDOT) and state
transportation policy.
Organization of FDOT
The bill provides that the three assistant secretaries currently appointed by the FDOT Secretary shall serve under
the titles of Chief Operations Officer, Chief Finance and Administration Officer, and Chief Strategic Development
Officer. The bill also provides that the FDOT Secretary may appoint an Executive Director of Transportation
Technology. Under the bill, each of these positions maintain Senior Management Status and are exempt from
career service under s. 110.205(2), F.S.
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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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2
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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5
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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6
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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7
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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8
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).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
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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11
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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12
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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13
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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14
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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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
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Bill No. CS/HB 1397 (2025)
Amendment No.
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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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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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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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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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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Amendment No.
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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Bill No. CS/HB 1397 (2025)
Amendment No.
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)
Amendment No.
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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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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