Transportation & Economic Development Budget Subcommittee — Mashburn Hall (314 HOB), April 10, 2025

Summary

This packet for the Florida House of Representatives Transportation & Economic Development Budget Subcommittee meeting on Thursday, April 10, 2025, at 11:30am in Mashburn Hall begins with a meeting notice listing CS/HB 561 Manufacturing, CS/HB 563 Fees/Florida Manufacturing Promotional Campaign, CS/HB 567 Transportation, HB 827 Statewide Study on Automation and Workforce Impact, and CS/HB 1535 Emergencies. The staff analysis of CS/HB 561 says the bill designates the Chief Manufacturing Officer among the Department of Commerce senior leadership and creates the Florida Manufacturer's Workforce Development Grant Program, subject to appropriation. It also creates the voluntary Florida Manufacturing Promotional Campaign. The analysis states an apparently indeterminate impact on state expenditures.

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Issuer: Congressional materials
Document type: 2025 04 10 3284 Transportation Economic Development Budget Subcommittee Meeting Packets Fn
Date: 2025-04-10
Case: 2025 04 10 3284 Transportation Economic Development Budget Subcommittee Meeting Packets Fn Ted 4 10 25

Cite this document

“Transportation & Economic Development Budget Subcommittee — Mashburn Hall (314 HOB), April 10, 2025.” Original at www.flhouse.gov, dated 2025-04-10. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-04-10-2025-04-10-3284-transportation-economic-development-budget-subcommittee-meeting-packets-fn-ted-4-10-25/, SHA-256 3dd1341c2da6f9fb7b3931a40652339bfa072ae2945cc67f45ea62533ab19914.

Full text

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Transportation & Economic
Development Budget Subcommittee
Thursday, April 10, 2025
11:30am
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: Thursday, April 10, 2025 11:30 AM

End Date and Time: Thursday, April 10, 2025 01:30 PM

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

Consideration of the following bill(s):

CS/HB 561 Manufacturing by Housing, Agriculture & Tourism Subcommittee, Cobb, Redondo
CS/HB 563 Fees/Florida Manufacturing Promotional Campaign by Housing, Agriculture & Tourism
Subcommittee, Cobb
CS/HB 567 Transportation by Economic Infrastructure Subcommittee, McFarland
HB 827 Statewide Study on Automation and Workforce Impact by Spencer
CS/HB 1535 Emergencies by Natural Resources & Disasters Subcommittee, McFarland

NOTICE FINALIZED on 04/08/2025 4:43PM by SKB

04/08/2025 04:46:36PM Leagis ® Page 1 of 1
CS/HB 561
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 561 COMPANION BILL: None
TITLE: Manufacturing LINKED BILLS: CS/HB 563 Cobb
SPONSOR(S): Cobb, Redondo RELATED BILLS: CS/SB 600 (Truenow)
Committee References
Housing, Agriculture & Tourism Transportation & Economic Commerce
14 Y, 0 N, As CS  Development Budget 

SUMMARY
Effect of the Bill:
The bill:
• Designates the Chief Manufacturing Officer among the Department of Commerce senior leadership to
support, promote, and coordinate manufacturing statewide;
• Creates the Florida Manufacturer’s Workforce Development Grant Program, which is subject to
appropriation, to fund projects supporting small manufacturers in the deployment of new technologies or
cybersecurity infrastructure and to provide workforce training; and
• Creates the voluntary Florida Manufacturing Promotional Campaign to increase consumer awareness of
manufacturing activities in Florida and expand market exposure for products and goods manufactured in
Florida.

Fiscal or Economic Impact:
The bill appears to have an indeterminate impact on state expenditures. However, the Department of Commerce
should be able to manage these new responsibilities within existing resources.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill expands the Department of Commerce’s (Department) responsibilities to encourage and oversee
manufacturing in the state in coordination with the Chief Manufacturing Officer (CMO). The CMO serves at the
pleasure of the Secretary of the Department. Duties of the CMO include:
• Serving as the subject-matter expert on manufacturing;
• Promoting and coordinating manufacturing efforts in the state and identifying gaps across state-supported
activities;
• Provide strategic direction for interagency and cross-disciplinary activities to support manufacturing;
• Working with federal, state, regional, and local governmental entities and nongovernmental entities to
align manufacturing priorities; and
• Engaging with state agencies and water management districts to innovate processes, programs, decision
frameworks, and reporting mechanisms intended to support manufacturing in the state. (Section 1).

The bill requires all state and local governmental entities to assist the CMO to the extent is consistent with law and
with budgetary constraints. (Section 1).

The bill requires that the Department must prepare a report on manufacturing efforts in the state, and submit the
report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by December
15, 2026, and every two years thereafter. (Section 1).

STORAGE NAME: h0561a.TED
DATE: 4/9/2025
1
Florida Manufacturer’s Workforce Development Grant Program (Grant Program)
The bill establishes the Grant Program within the Department, under the CMO’s direction, to fund proposed
projects, subject to appropriation by the Legislature, that support small manufacturers in deploying new
technologies or cybersecurity infrastructure and providing training support to the workforce. (Section 2).

The Department, in coordination with the CMO and the state Manufacturing Extension Partnership, must review
applicants and select projects for awards that create strategic investments in workforce training to facilitate the
deployment of new technologies or cybersecurity infrastructure. Priority must be given to projects with innovative
projects focusing on workforce development for small manufacturers across the state. Final grant awards are made
at the sole discretion of the Department. (Section 2).

Grants awarded under the program must be administered by the Department from the Economic Development
Trust Fund. Applicants are authorized to seek workforce development and operations funding. However, grant
funding may not be used to pay salary, benefits, or general business or office expenses. (Section 2).

Each year, the Department must provide the public with a list of all awarded projects, detailing how each project
benefits the program's goals and objectives and the project’s current status, and it must be included in the
Department’s annual incentives report. (Section 2).

Florida Manufacturing Promotional Campaign (Campaign)
The Legislature finds that there is a need for the Campaign to:
• Increase consumer awareness of manufacturing;
• Expand market exposure for manufactured products and goods; and
• Inspire future generations of entrepreneurs, fabricators, and skilled workers to build and grow domestic
businesses and manufacturing operations. (Section 4).

The Legislature also finds that the Campaign is a partnership between industry and the state to promote and
advertise such products efficiently. (Section 4).

The bill defines the following terms:
• Campaign;
• Department;
• Manufactured product; and
• Person. (Section 5).

The bill establishes the Campaign within the Department, under the Officer's supervision and in coordination with
the state Manufacturing Extension Partnership. The Campaign serves as a voluntary marketing program to
promote manufacturing products and businesses in Florida, including:
• Developing logos for the campaign and authorize the use of such logos as provided by rule;
• Registering campaign participants;
• Collecting rental receipts for industry promotions;
• Developing in-kind advertising programs; and
• Contracting with media representatives to disperse promotional materials. (Section 6).

The bill establishes that the Campaign’s participants must register annually with the Department in a form and
manner as prescribed by the Department. (Section 7).

The bill authorizes the Department to adopt rules to adopt any other necessary rules to ensure compliance with
the provision, including, but not limited to, logos, rules governing participant registration, registration renewal,
membership classes, application forms, and other forms and enforcement measures. (Section 8).

The bill provides an effective date of July 1, 2025. (Section 9).

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
RULEMAKING:
The bill provides the Department of Commerce with rulemaking authority to implement and administer the Florida
Manufacturers' Workforce Development Grant Program and the Florida Manufacturing Promotional Campaign.

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 designates a Chief Manufacturing Officer among the Department senior leadership to promote
manufacturing statewide. According to the Department, they would require two full-time equivalent positions to
administer the responsibilities under the bill. However, the Department currently has approximately 237 vacant
positions and should be able to manage this workload within existing resources.

The Campaign created by this bill is funded by a fee authorized in CS/SB 602, a linked bill.

PRIVATE SECTOR:
The fiscal impact to the private sector is indeterminate. Manufacturing businesses may benefit from receiving a
Florida Manufacturers’ Workforce Development Grant or participating in the Manufacturing Promotional
Campaign.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Manufacturing
Florida has over 422,000 manufacturing jobs and ranks as the nation’s 10th largest manufacturing employer. 1 Since
2014, Florida has increased manufacturing employment by 23.3 percent, which outpaced the other 11 states in the
top 12 for manufacturing. 2 Manufacturing jobs generally pay higher wages than those in other industries. In 2022,
the average annual wage for manufacturing jobs was over $74,000, a 6.6 percent increase from 2021. 3

1 Department of Commerce, 2023 Florida Manufacturing, https://www.floridajobs.org/docs/default-

source/communicationsfiles/2023-florida-manufacturing-report.pdf (last visited Apr. 7, 2025).
2 Id. at 2.
3 Id. at 10.
4 United States Census Bureau, North American Industry Classification System (NAICS), https://www.census.gov/naics/ (last

visited Apr. 7, 2025).
5 Department of Commerce, 2023 Florida Manufacturing, https://www.floridajobs.org/docs/default-

source/communicationsfiles/2023-florida-manufacturing-report.pdf (last visited Apr. 7, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
• Chemical manufacturing
• Plastics and rubber products manufacturing
• Nonmetallic mineral product manufacturing
• Primary metal manufacturing
• Fabricated metal product manufacturing
• Machinery manufacturing
• Computer and electronic product manufacturing
• Electrical equipment and appliances
• Transportation equipment manufacturing
• Furniture and related product manufacturing
• Miscellaneous manufacturing

Additionally, manufacturing sectors with a high value-added component, such as aviation and aerospace, defense,
microelectronics, medical devices and equipment, marine, fabricated metal products, and industrial machinery,
have helped Florida’s small and mid-size manufacturers grow quickly.6

Under the Local Manufacturing Development Program, a local government may adopt an ordinance establishing a
local manufacturing development program through which the local government may grant master development
approval for developing or expanding sites operated by manufacturers. 7 Local governments may establish
procedures for a manufacturing development program that allows manufacturers to submit and, upon approval of
a master development plan, proceed with development without requiring additional local approvals, except for
building permits. 8 The approval process must be coordinated with the Department. 9 Additionally, the Department
has developed a model local manufacturing development program ordinance to guide local governments that
intend to establish a local manufacturing development program. 10 Currently, only Manatee and Volusia County
have adopted an ordinance. 11

Workforce Training Programs
CareerSource Florida, a not-for-profit corporation administratively housed within the Department, 12 is the
statewide workforce policy and investment board comprised of business and government leaders that helps
Floridians enter, remain in, and advance in the workplace so that they may become more highly skilled and
successful. The program also connects employers with qualified and skilled employees. 13 Workforce training is
administered through the 21 local workforce development boards. 14

The Florida Job Growth Grant Fund is an economic development program that improves public infrastructure and
workforce training across the state. 15 Proposals are reviewed by the Department and chosen by the Governor to
meet the demand for workforce or infrastructure needs in the communities they are awarded to. 16

6 Id. at 47
7 S. 163.3252, F.S.
8 S. 163.3252(3), F.S.
9 S. 163.3253, F.S.
10 S. 163.3252, F.S.
11 Department of Commerce, Manufacturing Competitiveness Act Development Approval Program, available at

https://floridajobs.org/community-planning-and-development/programs/community-planning-table-of-
contents/manufacturing-competitiveness-act-development-approval-program (last visited Apr. 7, 2025).
12 S. 445.004(1), F.S.
13 See CareerSource Florida, About Us, available at https://careersourceflorida.com/ (last visited Apr. 7, 2025).
14 Florida Commerce, Local Workforce Development Boards, https://www.floridajobs.org/local-workforce-development-

board-resources/workforce-development-boards/local-workforce-development-boards (last visited Apr. 7, 2025).
15 S. 288.101(1), F.S.
16 See s. 288.101(2), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Commerce’s National Institute of Standards and Technology (NIST). 18 The MEP National Network, the mission of
which is to strengthen and empower U.S. manufacturers, is comprised of NIST’s Manufacturing Extension
Partnership (NIST MEP), the 51 MEP Centers located in all 50 states and Puerto Rico, the MEP Advisory Board,
MEP Center boards, and the Foundation for Manufacturing Excellence, as well as over 1,440 trusted advisors and
experts at approximately 460 MEP service locations, providing any U.S. manufacturer with access to resources they
need to succeed. 19 FloridaMakes is the official representative of the MEP National Network and NIST MEP in the
state of Florida. 20

The Department collaborates with FloridaMakes to promote and support the growth of Florida's manufacturing
sector by providing resources, data, and partnership opportunities to manufacturers, often highlighting the
industry's economic impact through initiatives like the "Florida Manufacturing Report" which is developed jointly
by both entities. 21

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 14 Y, 0 N, As CS 4/1/2025 Curtin Rodriguez
Subcommittee
THE CHANGES ADOPTED BY THE The PCS:
COMMITTEE: • Removed the provision that created the Statewide Office of
Manufacturing.
• Clarified that participation in the Florida Manufacturing Promotional
Campaign is voluntary.
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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17 National Institute of Standards and Technology (NIST), MEP National Network, https://www.nist.gov/mep/mep-national-

network (last visited Apr. 7, 2025).
18 Id.
19 Id.
20 FloridaMakes, About us, https://www.floridamakes.com/about-us/how-we-help (last visited Apr. 7, 2025).
21 FloridaMakes, News, Blogs & Events, https://www.floridamakes.com/blogs/frances-nevill/2024/06/04/spotlight-on-

floridas-inaugural-manfucturing-repor (last visited Apr. 7, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
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 561 2025

1 A bill to be entitled
2 An act relating to manufacturing; amending s. 20.60,
3 F.S.; revising the duties of the Department of
4 Commerce; creating s. 20.6051, F.S.; establishing the
5 Chief Manufacturing Officer among the senior
6 leadership of the department; providing that the Chief
7 Manufacturing Officer is appointed by and serves at
8 the pleasure of the Secretary of Commerce; providing
9 responsibilities for the Chief Manufacturing Officer;
10 directing all state and local governmental entities to
11 assist the Chief Manufacturing Officer; requiring the
12 department to prepare a report regarding manufacturing
13 efforts in this state; requiring the department to
14 submit its report on a specified date and biennially
15 thereafter to the Governor and the Legislature;
16 requiring that the report include certain information;
17 creating s. 288.103, F.S.; creating the Florida
18 Manufacturers' Workforce Development Grant Program;
19 providing that the grant program is created within the
20 department and under the direction of the Chief
21 Manufacturing Officer in consultation with the state's
22 Manufacturing Extension Partnership; providing a
23 specified purpose for the grant program; requiring the
24 department, in coordination with the Chief
25 Manufacturing Officer and the state's Manufacturing

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CS/HB 561 2025

26 Extension Partnership, to review applications
27 submitted to the grant program and to select specified
28 projects for grant awards; providing that the
29 department has sole discretion in awarding final
30 grants to projects; requiring that priority be given
31 to projects that meet certain criteria; authorizing
32 applicants to seek funding for a specified purpose;
33 requiring the department to administer the grant
34 awards from the Economic Development Trust Fund;
35 requiring the department to include certain
36 information in its annual incentives report;
37 authorizing the department to adopt rules; creating s.
38 288.1031, F.S.; providing legislative findings;
39 creating s. 288.1032, F.S.; providing definitions;
40 creating s. 288.1033, F.S.; creating the Florida
41 Manufacturing Promotional Campaign within the
42 department; providing the purpose of the campaign;
43 requiring the department to take certain actions in
44 promoting the campaign; creating s. 288.1034, F.S.;
45 requiring persons that participate in the campaign to
46 register annually with the department; creating s.
47 288.1036, F.S.; authorizing the department to adopt
48 rules; authorizing the department to establish, by
49 rule, the logos or product identifiers to be depicted
50 for use in the campaign; providing an effective date.

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CS/HB 561 2025

51
52 Be It Enacted by the Legislature of the State of Florida:
53
54 Section 1. Paragraph (m) is added to subsection (4) of
55 section 20.60, Florida Statutes, to read:
56 20.60 Department of Commerce; creation; powers and
57 duties.—
58 (4) The purpose of the department is to assist the
59 Governor in working with the Legislature, state agencies,
60 business leaders, and economic development professionals to
61 formulate and implement coherent and consistent policies and
62 strategies designed to promote economic opportunities for all
63 Floridians. The department is the state's chief agency for
64 business recruitment and expansion and economic development. To
65 accomplish such purposes, the department shall:
66 (m) Encourage and oversee manufacturing in this state in
67 coordination with the Chief Manufacturing Officer.
68 Section 2. Section 20.6051, Florida Statutes, is created
69 to read:
70 20.6051 Chief Manufacturing Officer.—
71 (1) There shall be designated among the senior leadership
72 of the Department of Commerce a Chief Manufacturing Officer for
73 the purpose of supporting the manufacturing ecosystem statewide.
74 The Chief Manufacturing Officer is appointed by and serves at
75 the pleasure of the Secretary of Commerce.

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CS/HB 561 2025

76 (2) The Chief Manufacturing Officer shall:
77 (a) Serve as a subject-matter expert for the state on
78 issues related to manufacturing.
79 (b) Be responsible for promoting and coordinating
80 manufacturing efforts in this state and identifying gaps across
81 state-supported activities.
82 (c) Provide strategic direction for interagency and cross-
83 disciplinary initiatives to promote and support manufacturing in
84 this state.
85 (d) Work with federal, state, regional, and local
86 governmental entities and nongovernmental entities to align
87 manufacturing priorities in this state.
88 (e) Engage with state agencies and water management
89 districts to innovate processes, programs, decision frameworks,
90 and reporting mechanisms intended to support manufacturing in
91 this state.
92 (3) All state and local governmental entities shall assist
93 the Chief Manufacturing Officer to the extent such assistance is
94 consistent with law and with budgetary constraints.
95 (4) The department shall prepare a report, in consultation
96 with the Chief Manufacturing Officer and the state Manufacturing
97 Extension Partnership, regarding manufacturing efforts in this
98 state. The department shall submit the report to the Governor,
99 the President of the Senate, and the Speaker of the House of
100 Representatives by December 15, 2026, and every 2 years

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101 thereafter. The report must include information regarding the
102 strength and economic importance of the manufacturing industry
103 in this state.
104 Section 3. Section 288.103, Florida Statutes, is created
105 to read:
106 288.103 Florida Manufacturers' Workforce Development Grant
107 Program.—
108 (1) The Florida Manufacturers' Workforce Development Grant
109 Program is created within the Department of Commerce, under the
110 direction of the Chief Manufacturing Officer and in consultation
111 with the state Manufacturing Extension Partnership, to fund
112 proposed projects, subject to appropriation by the Legislature,
113 which support small manufacturers in this state with the
114 deployment of new technologies or cybersecurity infrastructure
115 and to provide training support to the workforce.
116 (2) The department, in coordination with the Chief
117 Manufacturing Officer and the state Manufacturing Extension
118 Partnership, shall review applications submitted and select
119 projects for awards which create strategic investments in
120 workforce training to facilitate the deployment of new
121 technologies or cybersecurity infrastructure. Final grant awards
122 are made at the sole discretion of the department.
123 (3) Priority must be given to projects with innovative
124 plans, advanced technologies, and development strategies that
125 focus on workforce development for small manufacturers across

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126 this state.
127 (4) Applicants may seek funding for workforce development
128 and operations, but grant funding awarded under this section may
129 not be used to pay salary and benefits or general business or
130 office expenses. Grants awarded under the program shall be
131 administered by the department from the Economic Development
132 Trust Fund established in s. 288.095.
133 (5) The department shall annually provide a list to the
134 public of each project awarded a grant, the benefit of each
135 project in meeting the goals and objectives of the program, and
136 the current status of each project. The department shall include
137 such information in its annual incentives report required under
138 s. 288.0065.
139 (6) The department may adopt rules to implement this
140 section.
141 Section 4. Section 288.1031, Florida Statutes, is created
142 to read:
143 288.1031 Legislative findings.—The Legislature finds that
144 there is a need for the Florida Manufacturing Promotional
145 Campaign, established in s. 288.1033, to increase consumer
146 awareness of manufacturing activities in this state, to expand
147 market exposure for manufactured products and goods in this
148 state, and to inspire future generations of entrepreneurs,
149 fabricators, and skilled workers to build and grow domestic
150 businesses and manufacturing operations in this state. The

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151 Legislature further finds that a campaign that creates a
152 partnership between industry and this state is necessary to
153 promote and advertise such products efficiently.
154 Section 5. Section 288.1032, Florida Statutes, is created
155 to read:
156 288.1032 Definitions.—As used in ss. 288.1031-288.1036,
157 the term:
158 (1) "Campaign" means the Florida Manufacturing Promotional
159 Campaign.
160 (2) "Department" means the Department of Commerce.
161 (3) "Manufactured product" means any tangible personal
162 property that has been fabricated or produced, often through
163 industrial or mechanical processes. The term includes items sold
164 or leased to consumers.
165 (4) "Person" means an individual, a firm, a partnership, a
166 corporation, an association, a business, a trust, a legal
167 representative, or any other business unit.
168 Section 6. Section 288.1033, Florida Statutes, is created
169 to read:
170 288.1033 Florida Manufacturing Promotional Campaign;
171 purpose; duties of the department.—There is created within the
172 department, under the supervision of the Chief Manufacturing
173 Officer and in coordination with the state Manufacturing
174 Extension Partnership, the Florida Manufacturing Promotional
175 Campaign. The purpose of the campaign is to serve as a voluntary

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176 marketing program to promote manufacturing products and
177 businesses in this state. In promoting the campaign, the
178 department shall do all of the following:
179 (1) Develop logos for the campaign and authorize the use
180 of such logos as provided by rule.
181 (2) Register campaign participants.
182 (3) Collect rental receipts for industry promotions.
183 (4) Develop in-kind advertising programs.
184 (5) Contract with media representatives for the purpose of
185 dispersing promotional materials.
186 Section 7. Section 288.1034, Florida Statutes, is created
187 to read:
188 288.1034 Registration.—A person that participates in the
189 Florida Manufacturing Promotional Campaign must register
190 annually with the department in a form and manner as prescribed
191 by the department.
192 Section 8. Section 288.1036, Florida Statutes, is created
193 to read:
194 288.1036 Rulemaking authority.—The department may adopt
195 rules to implement and administer the Florida Manufacturing
196 Promotional Campaign. By rule, the department may establish the
197 logos or product identifiers to be depicted for use in the
198 campaign for advertising, publicizing, and promoting the sale of
199 manufactured products in this state. The department may also
200 adopt any other rules deemed necessary to ensure compliance with

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201 the Florida Manufacturing Promotional Campaign, including, but
202 not limited to, rules governing participant registration,
203 renewal of registration, classes of membership, application
204 forms, and other forms and enforcement measures.
205 Section 9. This act shall take effect July 1, 2025.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 561 (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 Cobb offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 104-140
7
8
9 -----------------------------------------------------
10 T I T L E A M E N D M E N T
11 Remove lines 17-37 and insert:
12 creating s.

532511 - h561-line104-cobb.docx
Published On: 4/9/2025 6:00:45 PM
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CS/HB 563
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 563 COMPANION BILL: None
TITLE: Fees/Florida Manufacturing Promotional LINKED BILLS: CS/HB 561 Cobb, Redondo
Campaign RELATED BILLS: CS/SB 602 (Truenow)
SPONSOR(S): Cobb
Committee References
Housing, Agriculture & Tourism Transportation & Economic Commerce
14 Y, 0 N, As CS  Development Budget 

SUMMARY
Effect of the Bill:
Requires the Department of Commerce to assess an annual fee, not exceeding $100, from those who register to
participate in the voluntary Florida Manufacturing Promotional Campaign; fees must be deposited into the
Economic Development Trust Fund and used solely for administering the campaign.

Fiscal or Economic Impact:
The bill appears to have a net zero fiscal impact on state revenues and expenditures.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill requires the Department of Commerce (Department) to assess and collect an annual fee not to exceed $100
per registrant to fund the costs of administering the voluntary Florida Manufacturing Promotional Campaign
(Campaign). The fees must be deposited into the Economic Development Trust Fund to be used solely for
administering the campaign. (Section 1).

The bill shall take effect on the same date as CS/HB 561 or similar legislation, if adopted in the same legislative
session or an extension thereof. (Section 2).

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The bill appears to have a net zero fiscal impact on state revenues and expenditures. There could be an
indeterminate, positive fiscal impact on state revenues deposited in the Economic Development Trust Fund from
private sector business participants. State expenditures to administer the Florida Manufacturing Promotional
Campaign, however, should meet but not exceed such collections.

PRIVATE SECTOR:
Those businesses who register to participate in the Florida Manufacturing Promotional Campaign may experience
increased market exposure and additional business. These registrants will also pay an annual fee not to exceed
$100 to support the Campaign.

STORAGE NAME: h0563a.TED
DATE: 4/9/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Manufacturing
Florida has over 422,000 manufacturing jobs and ranks as the nation’s 10th largest manufacturing employer. 1 Since
2014, Florida has increased manufacturing employment by 23.3 percent, which outpaced the other 11 states in the
top 12 for manufacturing. 2 Manufacturing jobs generally pay higher wages than those in other industries. In 2022,
the average annual wage for manufacturing jobs was over $74,000, a 6.6 percent increase from 2021. 3

The North American Industry Classification System (NAICS) is the standard used by federal statistical agencies to
classify businesses by industry type for the purpose of statistical data collection and analysis related to the U.S.
economy. 4 NAICS Sector Codes 311-339 include unique manufacturing industries in Florida that have outpaced the
nation in job growth, which include, but are not limited to, the following: 5
• Food manufacturing
• Beverage and tobacco product manufacturing
• Textile mills and textile product mills
• Apparel manufacturing
• Leather and allied product manufacturing
• Wood product and paper manufacturing
• Printing and related support activities
• Petroleum and coal products manufacturing
• Chemical manufacturing
• Plastics and rubber products manufacturing
• Nonmetallic mineral product manufacturing
• Primary metal manufacturing
• Fabricated metal product manufacturing
• Machinery manufacturing
• Computer and electronic product manufacturing
• Electrical equipment and appliances
• Transportation equipment manufacturing
• Furniture and related product manufacturing
• Miscellaneous manufacturing

1 Department of Commerce, 2023 Florida Manufacturing, https://www.floridajobs.org/docs/default-

visited Apr. 7, 2025).
5 Department of Commerce, 2023 Florida Manufacturing, https://www.floridajobs.org/docs/default-

source/communicationsfiles/2023-florida-manufacturing-report.pdf (last visited Apr. 7, 2025).
6 Id. at 47
7 S. 163.3252, F.S.
8 S. 163.3252(3), F.S.

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2
has developed a model local manufacturing development program ordinance to guide local governments that
intend to establish a local manufacturing development program. 10 Currently, only Manatee and Volusia County
have adopted an ordinance. 11

Manufacturing Extension Partnership (MEP)
The MEP National Network is a public-private partnership that delivers comprehensive solutions to U.S.
manufacturers, fueling growth and advancing U.S. manufacturing. 17 MEP is part of the U.S. Department of
Commerce’s National Institute of Standards and Technology (NIST). 18 The MEP National Network, the mission of
which is to strengthen and empower U.S. manufacturers, is comprised of NIST’s Manufacturing Extension
Partnership (NIST MEP), the 51 MEP Centers located in all 50 states and Puerto Rico, the MEP Advisory Board,
MEP Center boards, and the Foundation for Manufacturing Excellence, as well as over 1,440 trusted advisors and
experts at approximately 460 MEP service locations, providing any U.S. manufacturer with access to resources they
need to succeed. 19 FloridaMakes is the official representative of the MEP National Network and NIST MEP in the
state of Florida. 20

State Constitution
Section 19 of Article VII of the State Constitution requires a “state tax or fee imposed, authorized, or raised under
this section must be contained in a separate bill that contains no other subject.” A “fee” is defined by the Florida
Constitution to mean “any charge or payment required by law, including any fee for service, fee or cost for licenses,
and charge for service.” 22 Section 19 of Article VII of the State Constitution also requires that a tax or fee raised by
the Legislature must be approved by two-thirds of the membership of each house of the Legislature.

9 S. 163.3253, F.S.
10 S. 163.3252, F.S.
11 Department of Commerce, Manufacturing Competitiveness Act Development Approval Program, available at

board-resources/workforce-development-boards/local-workforce-development-boards? (last visited Apr. 7, 2025).
15 S. 288.101(1), F.S.
16 See s. 288.101(2), F.S.
17 National Institute of Standards and Technology (NIST), MEP National Network, https://www.nist.gov/mep/mep-national-

network? (last visited Apr. 7, 2025).
18 Id.
19 Id.
20 FloridaMakes, About us, https://www.floridamakes.com/about-us/how-we-help (last visited Apr. 7, 2025).
21 FloridaMakes, News, Blogs & Events, https://www.floridamakes.com/blogs/frances-nevill/2024/06/04/spotlight-on-

floridas-inaugural-manfucturing-repor (last visited Apr. 7, 2025).
22 FLA. CONST. art. VII, s. 19(d)(1).

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3
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 14 Y, 0 N, As CS 4/1/2025 Curtin Rodriguez
Subcommittee
THE CHANGES ADOPTED BY THE The PCS:
COMMITTEE: • Removed rulemaking authority from the Department to establish
registration and renewal fees to fund the cost of administering the
Florida Manufacturing Promotional Campaign.
• Established that the Department shall assess and collect an annual
registration fee not exceeding $100 per registrant, which will be used
to fund the costs associated with administering the voluntary Florida
Manufacturing Promotional Campaign.
Transportation & Economic Davis McAuliffe
Development Budget
Subcommittee
Commerce Committee

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4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CS/HB 563 2025

1 A bill to be entitled
2 An act relating to fees; creating s. 288.1035, F.S.;
3 requiring the Department of Commerce to assess and
4 collect a specified annual fee sufficient to fund the
5 costs of administering the voluntary Florida
6 Manufacturing Promotional Campaign; requiring that
7 such fees be deposited into the Economic Development
8 Trust Fund for a specified purpose; providing a
9 contingent effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 288.1035, Florida Statutes, is created
14 to read:
15 288.1035 Fees.—
16 (1) The department shall assess and collect an annual
17 registration fee not to exceed $100 per registrant to fund the
18 costs of administering the voluntary Florida Manufacturing
19 Promotional Campaign.
20 (2) Fees must be deposited into the Economic Development
21 Trust Fund established in s. 288.095 to be used solely for
22 administering the campaign.
23 Section 2. This act shall take effect on the same date
24 that HB 561 or other similar legislation takes effect, if such
25 legislation is adopted in the same legislative session or an

Page 1 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb563-01-c1
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 563 2025

26 extension thereof and becomes a law.

Page 2 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb563-01-c1
CS/HB 567
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 567 COMPANION BILL: CS/SB 462 (DiCeglie)
TITLE: Transportation LINKED BILLS: None
SPONSOR(S): McFarland RELATED BILLS: None
Committee References
Economic Infrastructure Transportation & Economic Commerce
16 Y, 0 N, As CS  Development Budget 

SUMMARY
Effect of the Bill:
The bill addresses numerous changes related to the Florida Department of Transportation (DOT) and Florida
transportation policy. The bill includes, among other things, changes in the following areas:
• The distribution of sales tax revenues related to electric vehicle charging,
• The Next-generation Traffic Signal Modernization Program,
• Expectant mother parking permits,
• DOT contracting authority and practices,
• Utility facilities relocation,
• Metropolitan Planning Organizations,
• DOT district boundaries, and
• The Sarasota Manatee Airport Authority.

The effective date of the bill is July 1, 2025.

Fiscal or Economic Impact:
The bill will have a significant negative impact on the General Revenue Fund as the bill redirects $4.167 million to
the State Transportation Trust Fund from the collection of sales tax on electrical power. The bill creates new
responsibilities and requirements for DOT, however, the fiscal impact of these provisions is indeterminate. This bill
contains no appropriations and it is anticipated that any workload or need for increased expenditures will be
absorbed within existing Work Program or other operational resources.

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ANALYSIS
EFFECT OF THE BILL:
The bill addresses numerous changes related to the Florida Department of Transportation (DOT) and Florida
transportation policy.

Distribution of Sales Tax Revenues (Section 1)

The bill states that beginning July 1, 2025, the Department of Revenue must distribute $4.167 million to the State
Transportation Trust Fund. These funds are derived from the tax levied on each taxable transaction for the sale of
electrical power or energy.

County Transportation Project Data (Section 2)

STORAGE NAME: h0567b.TED
DATE: 4/9/2025
1
The bill creates a new requirement that each county must annually provide the Florida Department of
Transportation (DOT) with uniform project data. For each county, this data must match up to the county’s fiscal
year and must include, but is not limited to:
• Details on transportation revenues by source of taxes or fees,
• Expenditure of such revenues for projects that were funded, and
• The unexpended balance of such revenues.

The bill requires that the project details must include, but are not limited to cost, location, and scope. The scope of
each project must be categorized broadly, such as road widening, repair and rehabilitation, addition of sidewalks,
or any similarly broad categorization. The bill requires revenues not dedicated to specific projects to be detailed as
to what programs the revenues are supporting.

Under the bill, DOT must communicate to each county the method and format for submitting the data. DOT must
compile the data and publish it on the DOT website.

Traffic Signal Modernization Program (Section 3)

The bill directs DOT to implement the Next-generation Traffic Signal Modernization Program (Next-gen Program).
Under the bill, the Next-gen Program will consist of:
• Retrofitting existing traffic signals and controllers, and
• Providing a communication backbone for remote operations and management of such signals on the State
Highway System and nonstate highway system.

The bill requires DOT to prioritize such signal upgrades based on average annual daily traffic and the impact of
adding to an existing interconnected system.

Under the bill, the program must consist of an advanced traffic management platform that uses radar-camera
fusion to deliver accurate detection in all weather conditions, offering fully integrated stop bar and advance
detection, alongside dilemma zone and pedestrian protection.

In addition to supporting time-of-day signal timing plans, the program must provide real-time traffic optimization
to improve flow and enhance safety.

The bill requires the program to be compliant with leading cybersecurity standards, such as SOC 2 and ISO 27001,
in order to ensure robust data protection.

Speed Limits (Sections 4 and 5)

The bill authorizes DOT to determine the safe and available minimum speed limit on all highways that are a part of
the National System of Interstate and Defense Highways and have at least four lanes.

The bill increases the maximum allowable speed limit as follows:
• The maximum allowable speed limit on limited access highways is 75 miles per hour.
• The maximum allowable speed limit on any other highway that is outside of an urban area and has at least
four lanes divided by a median strip is 70 miles per hour.
• DOT may set the maximum speed limit for travel over other roadways not to exceed a maximum speed
limit of 65 miles per hour.

Electric Bicycles, Motorized Scooters, and Mircomobility Devices (Sections 6 and 7)

The bill further specifies the authority of local governments over electric bicycles, motorized scooters, and
micromobility devices to expressly include the authority to:
• Adopt an ordinance providing one or more minimum age requirements for such devices.
• Adopt an ordinance requiring an operator of such devices to possess a government-issued
photographic identification.

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2
• Provide training on safe operation of such devices and compliance with the traffic laws of this state
which are applicable to such devices.

Expectant Mother Parking (Section 8)

Under the bill, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) must issue expectant
mother parking permit placards or decals to an expectant mother who submits an application. Such placards and
decals are valid for 1 year after the date of issuance.

The bill provides that DHSMV must, by rule, provide for the design, size, color, and placement of the expectant
mother parking permit placard or decal. DHSMV must ensure that the placard or decal conspicuously displays the
expiration date.

Under the bill, the application for an expectant mother parking permit must include, but is not limited to:
• Certification by a licensed physician that the applicant is an expectant mother.
• The certifying physician’s certification number.
• The following statement in bold letters: “An expectant mother parking permit may be issued only to an
expectant mother and is valid for up to 1 year after the date of issuance.”
• The signatures of the certifying physician, the applicant, and the employee of DHSMV processing the
application.

The bill provides that notwithstanding any other provision of law, an expectant mother who is issued a permit
under this section may park a motor vehicle in a parking space designated for persons who have disabilities as
provided in s. 553.5041, F.S.

Florida Airport Development and Assistance Act (Sections 10, 11, and 12)

The bill amends the Florida Airport Development and Assistance Act to change various references to airports to
“public-use” airports.

The bill amends the definition of the term “eligible agency” to include a public-private partnership through a lease
or agreement under s. 255.065, F.S., with a political subdivision of the state or an authority, which owns or seeks to
develop a public-use airport.

The bill authorizes a municipality, county, or authority that owns a public-use airport to participate in the Federal
Aviation Administration’s Airport Investment Partnership Program by contracting with a private partner to
operate the airport under lease or agreement. Subject to the availability of appropriated funds from aviation fuel
tax revenues, DOT may provide for improvements to a municipality, county, or authority that has a private partner
under the federal Airport Investment Partnership Program for capital costs of a discretionary improvement project
at a public-use airport.

Eminent Domain Authority (Section 13)

The bill restates DOT’s ability to purchase property or property rights in advance to preserve a corridor for future
proposed improvements.

Center for Urban Transportation Research (Section 14)

The bill removes statutory language requiring the Center for Urban Transportation Research (CUTR) to be
administered by the Board of Governors of the State University System and alters the composition of the advisory
board for CUTR. The bill adds the following members to the advisory board.
• A member appointed by the President of the Senate,
• A member appointed by the Speaker of the House of Representatives,
• The Secretary of Transportation or his or her designee, and
• The Secretary of Commerce or his or her designee.

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3
The bill also limits the number of remaining members nominated by the University of South Florida to four and
removes a requirement that these remaining members must be reviewed and approved by the Florida
Transportation Commission and confirmed by the Board of Governors of the State University System .

Project Concept Studies (Section 15)

Under the bill, all project concept studies and project development and environmental studies for capacity
improvement projects on limited-access facilities 1 must include the evaluation of alternatives that provide
transportation capacity using elevated roadways above existing lanes. Additionally, project development and
environmental studies for new alignment projects and new capacity improvement projects must be completed to
the maximum extent possible within 18 months after commencement.

DOT Contracting

Awarding Contracts (Section 16)

The bill states that if DOT receives bids outside the award criteria set forth by DOT, DOT must arrange an in-person
meeting with the lowest responsive and responsible bidder in order to ascertain the reasons for the bids being
over DOT’s estimate. DOT may subsequently:
• Award the contract to the lowest responsive and responsible bidder,
• Reject all bids and rebid the work, or
• Invite all responsive and responsible bidders to provide their best and final offers without filing a protest
or posting a bond as required under current law.

The bill states that if DOT thereafter awards the contract, the award must be to the bidder who produces the best
and final offer.

If DOT intends to reject all bids on any project after announcing, but before posting, official notice of its intent, the
bill requires DOT to provide to the lowest responsive, responsible bidder the opportunity to negotiate the scope of
work, with a corresponding reduction in price, to provide its best and final offer without filing a protest or posting
a bond. Upon reaching a decision regarding the lowest bidder’s best and final offer, DOT must post notice of final
agency action to either reject all bids or accept the best and final offer.

This does not prohibit any bidder from filing a protest or alter the statutory deadlines related to bid protests found
in s. 120.57(3), F.S.

The bill provides that notwithstanding s. 120.57(3)(c), F.S., relating to bid protests, and s. 287.057(25), F.S.,
relating to a disclosure on the procurement of solicitations, upon receipt of a timely-filed formal written protest,
DOT may continue the process for awarding contracts with a DOT estimate of $100 million or less, but it may not
take final agency action as to the lowest responsive and responsible bidder except as part its final agency action in
the protest or upon the protesting party’s dismissal of the protest.

Phased Design-Build Contracts (Section 16)

The bill states that for design-build contracts, DOT must receive at least three letters of interest. From those letters
of interest, DOT must request proposals from no fewer than three of the design-build firms submitting such letters.
If a design-build firm withdraws from consideration after DOT requests proposals, DOT may continue if at least
two proposals are received.

For phased design-build projects, the bill requires DOT to competitively award the contract to a qualified firm,
provided that DOT receives at least three statements of qualification from qualified firms. If during phase one of a

1 Section 338.01, F.S., allows DOT to establish limited-access facilities, the primary function of which is to allow high-speed and

high-volume traffic movements within the state.
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4
project, DOT elects, based upon qualifications, to enter into contracts with more than one design-build firm, DOT
must competitively award the phase-two contract to a single design-build firm. For phase two, the design-build
firm may independently perform portions of the work and shall competitively bid construction trade
subcontractor packages. Based upon the design-build firm’s estimates of its independently performed work and
these bids, it may negotiate with DOT a guaranteed maximum price that meets the project’s previously advertised
budget and scope.

Marine General Liability Insurance (Section 16)

The bill requires for a contract let by DOT on or after July 1, 2025, work requiring a contractor to have marine
general liability insurance, must include protection and indemnity coverage. The contractor may receive this
additional coverage by an endorsement on its marine general liability insurance policy or from a separate
insurance policy.

Settlement of Protests (Section 17)

The bill provides that DOT may not, through the settlement of a protest of the award of a contract being procured
or related to the purchase of commodities or contractual services, create a new contract unless it competitively
procures the new contract.

Applications for Qualification (Section 18)

The bill authorizes DOT to waive its prequalification requirements for contracts of $1 million or less which have a
diverse scope of work that may or may not be performed. The bill provides that these contracts are typically
known as push-button or task work order contracts.

Contractor Certification (Section 18)

The bill increases the maximum contract amount for which DOT may waive bond requirements from $150,000 to
$250,000.

Maintenance Contracts (Section 18)

The bill requires a contractor seeking to bid on a maintenance contract for which the majority of the work includes
repair and replacement of safety appurtenances, including, but not limited to, guardrails, attenuators, traffic
signals, and striping, to possess the prescribed qualifications, equipment, record, and experience to perform such
repair and replacement.

State Arbitration Board (Section 19)

The bill states that a contractor may submit a claim between $250,000 to $1 million per contract, or if agreed upon
by the parties, a claim greater than $2 million per contract to be arbitrated by the State Arbitration Board.
Additionally, the bill states that at a subsequent de novo trial, only sworn testimony in connection with an
arbitration hearing may be used for any purpose otherwise permitted by the Florida evidence code.

Under the bill, an arbitration request may not be made to the Board before final acceptance but must be made to
the Board within 360 days after written notice by DOT of a claim related to a written warranty or defect after final
acceptance.

Suits By and Against DOT (Section 20)

The bill provides that suits may be commenced within 360 days after written notice by DOT of a claim related to a
written warranty or defect after final acceptance.

Utility Relocation (Section 21 and 22)

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5
Electronic Detection of Utility Facilities

The bill requires that an entity that places, replaces, or relocates underground utilities within the right-of-way
(ROW) must make such underground utilities electronically detectable using techniques approved by DOT.

Damages

Under the bill, the owner of an electric utility as defined in s. 366.02, F.S., the owner of a natural gas utility as
defined in s. 366.04(3), F.S., or the owner of a water or wastewater utility must pay the ROW authority actual
damages resulting from the utility owner’s failure or refusal to timely remove or relocate its utility lines located in
the ROW.

Additionally, the bill states that the issuance of permits for new placement of utilities within the authority’s ROW
may be subject to payment of actual costs incurred by the authority due to the failure of the utility owner to timely
relocate utilities pursuant to an approved work schedule or for damage done to existing infrastructure by the
utility owner.

As-Built Plans

The bill defines the term “as-built plans” to mean plans that depict the actual location, depth, and physical
configuration of utilities placed within a ROW at a location which crosses a navigable waterway or deeper than 10
feet beneath the proposed ground surface. The bill requires an authority and a utility owner to agree in writing to
an approved level of detail of as-built plans.

The bill requires a utility owner to submit its as built plans within 20 business days after completing the utility
work. The as-built plans must show actual final surface and subsurface utilities, including location alignment
profile, depth, and geodetic datum 2 of each structure. The utility owner must provide as-built plans in an electronic
format that is compatible with DOT’s software and meets DOT-provided technical specifications or in an electronic
format determined by the utility industry to meet industry standards. DOT may, by written agreement, make
exceptions to the electronic format requirement.

The bill requires that before any relocation costs are reimbursed, the utility must submit to the authority its as-
built plans.

Utility Relocation Incentive

The bill authorizes DOT to provide an incentive to the owner of an electric utility as defined in s. 366.02, F.S., the
owner of a natural gas utility as defined in s. 366.04(3), F.S., or the owner of a water or wastewater utility to
facilitate the accelerated completion of utility relocation.

Relocation Procedures

Under the bill, before DOT provides notice to the utility owner to initiate utility work, DOT and the owner of an
electric utility as defined in s. 366.02, F.S., the owner of a natural gas utility as defined in s. 366.04(3), F.S., or the
owner of a water or wastewater utility must follow DOT’s rules and procedures, which shall include, but are not
limited to, the following:
• DOT must provide the utility owner a letter and a set of preliminary plans for the proposed highway
improvement project and notice of a period that begins 30 days and ends within 120 days after receipt of
the notice within which the utility owner must submit specified plans to DOT. The utility owner must
provide DOT with written acknowledgement of receipt of the preliminary plans.

2 A geodetic datum or reference frame is an abstract coordinate system with a reference surface (such as sea level) that serves

to provide known locations to begin surveys and create maps. https://geodesy.noaa.gov/datums/index.shtml (last visited
Mar. 20, 2025).
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6
• The utility owner must submit to DOT plans showing existing and proposed locations of facilities within the
period provided by DOT. If the utility owner fails to submit plans to DOT within the period provided by
DOT, then DOT is no longer required to participate in the costs, may withhold any amount due to the utility
owner on other projects within the ROWs of the same district of DOT, and may withhold issuance of any
other permits within the same district of DOT’s ROW.
• The utility owner’s submission of plans must include a utility relocation schedule for approval by DOT. The
utility relocation schedule must include a duration and completion date for the work and must meet the
timeframe requirements established by DOT.
• If the Governor declares a state of emergency, 3 the utility is entitled to receive an extension to its utility
relocation schedule which must be at least equal to any extension DOT granted to its contractor. The utility
owner must notify DOT of additional delays associated with causes beyond the utility owner’s control,
including, but not limited to, participation in recovery work under a mutual aid agreement. This
notification to DOT must occur within 10 calendar days after the commencement of the delay and provide a
reasonably complete description of the cause and nature of the delay and the possible impacts to the utility
relocation schedule. Within 10 calendar days after the cause of the delay ends, the utility owner must
submit, for DOT’s approval, a revised utility relocation schedule. DOT may not unreasonably withhold,
delay, or condition its approval of the revised utility relocation schedule.
• If the utility owner does not initiate work in accordance with the utility relocation schedule, DOT must
provide the utility owner with a final notice directing the utility owner to begin work within 10 calendar
days after it receives the final notice. If the utility owner has begun such work but fails to complete the
work in accordance with the utility relocation schedule, DOT is not required to participate in the work, may
withhold any amount due to the utility owner for projects within the ROW of the same district of DOT, and
may exercise its right to obtain injunctive relief. 4
• If, after the letting date of a highway improvement project, it is found that additional utility relocation work
is necessary, the utility must provide a revised utility relocation schedule within 30 calendar days after
becoming aware of the need for such additional utility work or upon receiving DOT’s written notification
advising the utility of the need for additional utility work. DOT must review the revised utility relocation
schedule and approve the revised utility relocation schedule for compliance with the form and timeframe
requirements of DOT and must approve the revised relocation schedule if such requirements are met.
• The utility owner is liable to DOT for documented damages resulting from the utility’s failure to comply
with the utility relocation schedule, including any DOT-approved delay costs incurred by the contractor.
Within 45 days after receiving DOT’s written notification that the utility is liable for damages, the utility
owner must pay DOT the amount for which the utility owner is liable.

The bill also adds the word “owner” after the word “utility” in several statutory provisions relating to utility
relocation.

Metropolitan Planning Organizations (Sections 9 and 23)

The bill removes the duty of Space Florida 5 to partner with the Metropolitan Planning Organization Advisory
Council to coordinate and specify how aerospace planning and programming will be part of the state’s cooperative
transportation planning process.

The bill modifies the legislative intent related to the establishment of Metropolitan Planning Organizations
(M.P.O.s) to emphasize:
• The development of multimodal transportation systems, instead of surface transportation systems; and
• Serving the mobility needs of people and freight and fostering economic growth and development within
and through urbanized areas of this state while balancing conservation of natural resources.

3 The Governor may declare states of emergency pursuant to s. 252.36, F.S.
4 Injunctive relief is pursuant to s. 120.69, F.S.
5 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.
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7
Under the bill, no additional M.P.O.’s may be designated after July 1, 2025, except in urbanized areas, as defined by
the United States Bureau of the Census, where the urbanized area boundary is not contiguous to an urbanized area
designated before the 2020 census. The bill removes requirements that new M.P.O.s designated within an existing
urbanized area must meet.

The bill revises the items that each M.P.O. must consider when developing its long-range transportation plan
(LRTP) and Transportation Improvement Program (TIP) to include projects and strategies that will conserve
natural resources and reduce traffic and congestion where feasible.

The bill eliminates an obsolete provision that required by December 31, 2023, the M.P.O.'s serving Hillsborough,
Pasco, and Pinellas Counties to submit a report on the feasibility of consolidation into a single M.P.O.

The bill requires DOT, at least annually, to convene M.P.O.s of similar size for the purpose of exchanging best
practices and allows M.P.O.s to develop committees or working groups as needed to accomplish this purpose. This
replaces the provision of law that allows M.O.O.s the discretion and flexibility to coordinate as they see fit with
other M.P.O.s and political subdivisions.

The bill provides that training for new M.P.O. governing board members must be provided by DOT and by either
CUTR or by the Implementing Solutions from Transportation Research and Evaluation of Emerging Technologies
Program (I-STREET).

The bill revises the requirements for an M.P.O.’s LRTP by:
• Removing the provision that requires the Metropolitan Planning Organization Advisory Council to review
the LRTPs of certain M.P.O.s.
• Allowing, in the financial plan requirement, public-private partnerships to be included as an innovative
financing technique to be used to fund needed projects and programs.
• Revising the list of proposed transportation enhancement activities that an M.P.O. must indicate, as
appropriate, to include integration of advanced air mobility and integration of autonomous, electric, and
alternative-fuel vehicles, electric bicycles, and motorized scooters used for freight, commuter, or
micromobility purposes. The list of such activities is no longer required to indicate historic preservation,
mitigation of water pollution due to highway runoff, and control of outdoor advertising.

The bill creates the following M.P.O. accountability and transparency provisions:
• Allows each M.P.O. to execute a written agreement with DOT, which must be reviewed and updated as
necessary every 5 years, which clearly establishes the cooperative relationship essential to accomplish the
transportation planning requirements of state and federal law. Roles, responsibilities, and expectations for
accomplishing consistency with federal and state requirements and priorities must be described and
formalized in the agreement. The agreement must describe and formalize the M.P.O.'s responsibility, in
collaboration with DOT, to identify, prioritize, and present to DOT a complete list of multimodal
transportation projects consistent with the needs of the metropolitan planning area. It is DOT's
responsibility to program projects in the Statewide Transportation Improvement Program (STIP).
• Requires DOT to establish, in collaboration with the M.P.O.'s, quality performance metrics such as safety,
infrastructure condition, congestion relief, and mobility. Each M.P.O. must, as part of its LRTP, in direct
coordination with DOT, develop targets for each performance measure within the metropolitan planning
area boundary. The performance targets must support efficient and safe movement of people and goods
both within the metropolitan planning area and between regions. Each M.P.O. must report progress toward
establishing performance targets for each measure annually in its TIP. DOT must evaluate and post on its
website whether each M.P.O. has made significant progress toward its target for the applicable reporting
period.

The bill repeals the Metropolitan Planning Organization Advisory Council (MPOAC).

Strategic Intermodal System Highway Corridors (Section 24)

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8
The bill requires DOT, in its Strategic Intermodal System (SIS) highway corridors plan of projects, to prioritize
projects addressing gaps in a corridor so that the corridor becomes contiguous.

Funding for Florida College System Equipment Simulators (Section 25)

The bill authorizes DOT in the fiscal years 2025-2026 through 2029-2030 to expend up to $5 million per fiscal year
for grants to Florida College System institutions and high schools for the purchase of equipment simulators with
authentic original equipment manufacturer controls.

Under the bill, each grant recipient must offer an elective course in heavy civil construction, the curriculum of
which is specifically designed to use the simulator and other instructional aides to, at a minimum, provide the
student with OSHA 10 Construction certification and an equipment simulator certification.

The bill requires that in awarding such grants, DOT must give priority to Florida College System institutions and
high schools in rural communities. 6

Widening of Interstate 4 (Section 29)
C
The bill states that the Legislature finds that the widening of the portion of Interstate 4 (I-4) between U.S. Highway
27 in Polk County and Interstate 75 in Hillsborough County is in the public and strategic interest of the region to
improve the movement of people and goods.

The bill directs DOT to develop a report that includes, but is not limited to, detailed costs for project development
and environmental studies, design, acquisition of rights-of-way, and construction and a schedule to complete the
widening as expeditiously as possible. The bill requires the report to identify funding shortfalls and strategies to
address such shortfalls, including but not limited to, using express lane toll revenues generated on the I-4 corridor
and other available DOT funds for public-private partnerships.

Under the bill, DOT must submit the report by December 31, 2025, to the Governor, the President of the Senate,
and the Speaker of the House of Representatives.

DOT District Boundaries (Section 30)

The bill directs DOT to submit a report to the Governor, President of the Senate, and Speaker of the House of
Representatives by October 31, 2025, that provides a comprehensive review of the boundaries of each of DOT’s
districts and whether any district’s boundaries need to be redrawn as a result of population growth and increased
urban density.

Sarasota Manatee Airport Authority (Section 31)

The bill establishes a pilot program at the Sarasota Manatee Airport Authority (SMAA) in order to determine long-
term feasibility of alternative airport permitting procedures.

The bill directs DOT to adopt rules as necessary to implement the program.

Under the bill, DOT must submit recommendations to the President of the Senate and the Speaker of the House of
Representatives about how to expand the pilot program to additional airports, amend the pilot program to
increase effectiveness, or terminate the pilot program.

The bill provides a repeal date for the SMAA pilot program of June 30, 2028, unless reviewed and reenacted by the
Legislature.

The bill updates cross references in accordance with the provisions of the bill. (Sections 26, 27, and 28)

6 The term “rural communities” is defined in s. 288.0656(2), F.S.

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9
The bill provides an effective date of July 1, 2025. (Section 32)

RULEMAKING:
The bill authorizes DHSMV to provide, by rule, for the design, size, color, and placement of the expectant mother
parking permit placard or decal.

The bill authorizes DOT to adopt rules necessary to implement the SMAA pilot program.

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill will have a significant negative impact on the General Revenue Fund as the bill redirects $4.167 million to
the State Transportation Trust Fund from the collection of sales tax on electrical power. The bill creates new
responsibilities and requirements for DOT, however, the fiscal impact of these provisions is indeterminate.

The bill authorizes, but does not necessarily require, additional funding within the Work Program or other existing
department operational resources. The bill uses permissive language allowing DOT to: provide an incentive to the
owners of certain utilities to facilitate the accelerated completion of utility relocation; and, expend up to $5 million
per fiscal year for grants to Florida College System institutions and high schools for the purchase of equipment
simulators.

The bill requires DOT to implement the Next-generation Traffic Signal Modernization Program which would
require DOT to retrofit all existing traffic signals and controllers on the State Highway System and nonstate
highway system. The fiscal impact of this provision on the department is indeterminant but likely significant.
However, there is no completion date established in the bill so it is likely the DOT can make these improvements
through the Work Program gradually, thus leveling out expenditures over a period of time. The DOT will also incur
indeterminate costs to develop a report regarding the widening of I-4 as required by the bill. The bill establishes a
pilot program regarding alternative permitting procedures at the Sarasota Manatee Airport Authority and requires
DOT to adopt rules to implement the program and submit recommendations to the Legislature. This bill contains
no appropriations and it is anticipated that any workload or need for increased expenditures will be absorbed
within existing Work Program or other operational resources.

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

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Distribution of Sales Tax Revenues

Florida levies a six percent tax on the retail sale of most tangible personal property, admissions, transient lodgings
and motor vehicles. 7 However, the sales tax rate for non-residential electric services is 4.35 percent. 8 The
Department of Revenue (DOR) distributes state sales tax proceeds to various state trust funds and local
governments, with any remaining sales tax proceeds distributed to the General Revenue Fund. 9

7 Office of Economic and Demographic Research, 2024 Florida Tax Handbook, p. 166.

https://edr.state.fl.us/content/revenues/reports/tax-handbook/taxhandbook2024.pdf (last visited Mar. 18, 2025).
8 Id. at 171. S. 212.05(1)(e).1.c., F.S.
9 Id. at 173. S. 212.20(6), F.S.

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10
Under Florida law, utility companies charge sales tax on sales of electricity to non-utility companies, including
those providing electric vehicle (EV) charging. For tax purposes, entities selling EV charging are not considered to
be selling electricity but are considered to be licensing the use of real property, 10 and taxed as such. 11

County Transportation Project Data

Annually, each county and municipality must provide DOT with uniform program data. Uniform program data
must include, but is not limited to, details on transportation receipts and expenditures, and on the number of miles
of road under the local governmental entity’s jurisdiction. DOT must compile this data and, upon request, furnish
its compilation to any interested person. 12

Traffic Signals

DOT is required by Florida law to adopt a uniform system of traffic control devices for use on the streets and
highways of the state. 13 To meet this requirement, it has adopted the U.S. Department of Transportation, Federal
Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). 14 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.

Section 316.075, F.S., details the guidelines for traffic signal control devices.

Speed Limits

Florida law prohibits a person from driving a vehicle on a highway at a speed greater than what is reasonable and
prudent under current conditions and with regard to actual and potential hazard. 15

Florida law also establishes minimum speed limits. On all highways on the National System of Interstate and
Defense that have four or more lanes, the minimum speed is 40 miles per hour, except that when the posted speed
limit is 70 miles per hour, then the minimum speed is 50 miles per hour. 16 Current law establishes the following
maximum allowable speed limits:
• On limited access highways - 70 miles per hour. 17
• On divided highways outside an urban area of 5,000 or more persons, with at least four lanes - 65 miles per
hour. 18
• On other DOT roadways - as DOT deems safe and advisable, but not to exceed 60 miles per hour. 19

Speeding violations are noncriminal traffic infractions, punishable as moving violations. 20 The statutory fines,
based on the miles per hour above the speed limit are as follows:
• 1-5 mph -Warning
• 6-9 mph - $25
• 10-14 mph - $100
• 15-19 mph - $150
• 20-29 mph - $175
• 30 mph and above - $250 21

10 Analysis of Senate Bill 462 (2025), Florida Senate, p.2 (Mar. 18, 2025).
11 S. 212.031, F.S., provides the statues on the tax on rental or license fees for the use of real property.
12 S. 218.322, F.S.
13 S. 316.0745(1), F.S.
14 R. 14-15.010, F.A.C.
15 S. 316.183(1), F.S.
16 S. 316.183(2), F.S.
17 S. 316.187(2)(a), F.S.
18 S. 316.187(2)(b), F.S.
19 S. 316.187(2)(c), F.S.
20 S. 316.183(7) and 316.187(3), F.S., Penalties are as provided in ch. 318, F.S.

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11
Electric Bicycles, Motorized Scooters, and Micromobility Devices

Under Florida law, the operator of an electric bicycle or motorized scooter has all of the rights, privileges, and
duties applicable to the rider of a bicycle. 22 These devices are defined in Florida law as follows:
• Electric bicycle:23 A bicycle or tricycle equipped with fully operable pedals, a seat or saddle for the use
of the rider, and an electric motor of less than 750 watts which meets the requirements of one of the
following three classifications:
o “Class 1 electric bicycle” means an electric bicycle equipped with a motor that provides
assistance only when the rider is pedaling and that ceases to provide assistance when the
electric bicycle reaches the speed of 20 miles per hour.
o “Class 2 electric bicycle” means an electric bicycle equipped with a motor that may be used
exclusively to propel the electric bicycle and that ceases to provide assistance when the electric
bicycle reaches the speed of 20 miles per hour.
o “Class 3 electric bicycle” means an electric bicycle equipped with a motor that provides
assistance only when the rider is pedaling and that ceases to provide assistance when the
electric bicycle reaches the speed of 28 miles per hour.
• Motorized scooter:24 Any vehicle or micromobility device that is powered by a motor with or without a
seat or saddle for the use of the rider, which is designed to travel on not more than three wheels, and
which is not capable of propelling the vehicle at a speed greater than 20 miles per hour on level ground.
The term does not include an electric bicycle.
• Micromobility device:25 Any motorized transportation device made available for private use by
reservation through an online application, website, or software for point-to-point trips and which is not
capable of traveling at a speed greater than 20 miles per hour on level ground. This term includes
motorized scooters and bicycles as defined in ch. 316, F.S.

An electric bicycle must operate in a manner so that the electric motor is disengaged or ceases to function when
the rider stops pedaling or when the brakes are applied. 26

An operator of an electric bicycle, motorized scooter, or micromobility device is not required to register the device
with the Department of Highway Safety and Motor Vehicles (DHSMV), carry minimum insurance, or have a driver
license to operate a motorized scooter. 27 Helmets are required for operators under the age of 16. 28

Local governments have authority to regulate electric bicycles, motorized scooters and micromobility devices,
including authority to:
• Enact an ordinance to permit, control, or regulate the operation of electric bicycles and motorized
scooters on sidewalks or sidewalk areas when such use is permissible under federal law. 29 The
ordinance must restrict such vehicles or devices to a maximum speed of 15 miles per hour in such
areas. 30
• Adopt an ordinance governing the operation of electric bicycles on streets, highways, sidewalks, and
sidewalk areas under the local government’s jurisdiction; to prevent a municipality, county, or agency
of the state having jurisdiction over a bicycle path, multiuse path, or trail network from restricting or
prohibiting the operation of an electric bicycle on a bicycle path, multiuse path, or trail network; or to

21 S. 318.18(3)(b), F.S. In addition to these penalties, there Florida law imposes or authorizes additional fees and surcharges.
22 Ss. 316.20655 and 316.2128, F.S.
23 S. 316.003(23), F.S.
24 S. 316.003(48), F.S.
25 S. 316.003(41), F.S.
26 S. 316.20655(6), F.S.
27 Ss. 316.20655(2) and 316.2128(2)&(3), F.S.
28 S. 316.2065(3)(d), F.S.
29 S. 316.008(7)(a), F.S.
30 Id.

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12
prevent a municipality, county, or agency of the state having jurisdiction over a beach or a dune from
restricting or prohibiting the operation of an electric bicycle on such beach or dune. 31
• Adopt an ordinance governing the operation of motorized scooters on streets, highways, sidewalks, and
sidewalk areas under the local government’s jurisdiction. 32

Expectant Mother Parking

Section 320.0848, F.S. authorizes DHSMV and its agents to issue disabled parking permits to persons with impaired
mobility. Upon application and receipt of the fee, 33 a person with a long-term mobility impairment is issued a
disabled parking permit for a period of up to four years. Similarly, a person with a temporary mobility impairment
is issued a temporary disabled parking permit for a period of up to six months. 34

A certificate of disability is required for a disabled parking permit and must be provided by a licensed physician,
podiatrist, optometrist, advanced registered nurse practitioner, physician’s assistant, or a similarly licensed
physician from another state. 35

While current law does not explicitly contemplate whether an expectant mother would qualify for a temporary
disabled parking permit, there are circumstances under which an expectant mother with temporary mobility
issues could qualify so long as the expectant mother presents certification of disability from a physician as required
by law. 36

Florida Airport Development and Assistance Act

The federal Airport Investment Partnership Program, 37 authorizes private companies to own, manage, lease, and
develop public airports. Public airport sponsors and private operators may jointly manage an airport. The airport
owner or leaseholder may be exempt from repayment of federal grants, return of property acquired with federal
assistance, and the use of proceeds from the airport's sale or lease exclusively for airport purposes. 38

For purposes of the Florida Airport Development and Assistance Act, 39 the term “public-use airport” means any
publicly owned airport which is used or to be used for public purposes. 40

The term “eligible agency” means a political subdivision of the state or an authority which owns or seeks to
develop a public-use airport. 41

DOT is given certain statutory duties regarding aviation development and assistance, including providing financial
and technical assistance to airports 42 and to encourage the maximum allocation of federal funds to local airport
projects. 43

DOT’s annual legislative budget request for aviation and airport development projects is based on the funding
required for development projects in its aviation and airport work program. DOT must prioritize funding to

31 S. 316.2128(1), F.S.
32 S. 316.2128(1), F.S.
33 There is no charge for a “permanent” disabled parking permit. A temporary parking permit is $15; however, no person will

be required to pay a fee for a disabled parking permit more than once in a 12-month period. S. 320.0848(1)(a), F.S.
34 S. 320.0848(1)(a), F.S.
35 S. 320.0848(1)(b), F.S.
36 Email from Jonas Marquez, Director of Legislative Affairs, Department of Highway Safety and Motor Vehicles, RE: Question

on HB 567 (Mar. 20, 2025).
37 49 U.S.C. s. 47134, the program was previously known as the Airport Privatization Pilot Program.
38 Federal Aviation Administration, Airport Investment Partnership Program, formerly Airport Privatization Pilot Program,

https://www.faa.gov/airports/airport_compliance/privatization (last visit March 28, 2025).
39 Ss. 332.003-332.007, F.S.
40 S. 332.004(14), F.S.
41 S. 332.004(7), F.S.
42 S. 332.006(4), F.S.
43 S. 332.006(8), F.S.

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13
support 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. 44

Section 332.007, F.S., authorizes DOT to fund certain aviation and airport-related projects. The statute provides
requirements and limits on airport funding from the STTF. Requirements can be based on the airport type,
availability of federal funds, project type, and size of the airport.

Section 255.065, F.S., authorizes local jurisdictions, including counties, municipalities, and special districts to enter
into public-private partnerships for qualifying projects, which include airport facilities, for a public purpose. That
statute provides legislative findings and intent, requirements for project approval, a project qualification process,
the requirements for agreements related to the partnership, powers and duties of the private entity, and other
related provisions.

Eminent Domain Authority

Eminent domain refers to the government’s power to take private property and convert it into public use. 45 The
Fifth Amendment of the United States Constitution provides that the government taking of property under the
power of eminent domain must include just compensation for property owners. 46

Similarly, Article X, section 6(a) of the Florida Constitution provides that “[n]o private property shall be taken
except for a public purpose and with full compensation therefor paid to each owner or secured by deposit in the
registry of the court and available to the owner.” 47

DOT may acquire, by eminent domain, all property or property rights, whether public or private, which it
determines necessary to perform its duties or execute its powers. 48

DOT has the statutory authority to condemn all necessary lands and property, whether public or private, for the
purpose of securing and utilizing transportation rights-of-way, including a DOT-designated transportation
corridor. 49 Florida’s statutory definition of the term “transportation corridor” includes all property or property
interests necessary for future transportation facilities for the purpose of securing and utilizing future
transportation rights-of-way. 50

Center for Urban Transportation Research

Florida law establishes the Florida Center for Urban Transportation Research (CUTR) at the University of South
Florida, to be administered by the Board of Governors of the State University System. 51 CUTR is responsible for
conducting and facilitating research on issues related to urban transportation problems in this state and serving as
an information exchange and depository for the most current information pertaining to urban transportation and
related issues. 52 Additionally, CUTR is responsible for the promotion of intercampus transportation and related
research activities among Florida’s universities in order to enhance the ability of these universities to attract
federal and private sector funding for transportation and related research. 53

44 S. 332.007(4)(a), F.S.
45 Cornell Law School, Legal Information Institute, Eminent Domain,

https://www.law.cornell.edu/wex/eminent_domain#:~:text=Eminent%20domain%20refers%20to%20the,compensation%2
0to%20the%20property%20owners. (last visited Mar. 18, 2025).
46 U.S. Const. amend. V.
47 Florida’s eminent domain laws are codified in chapters 73 and 74, F.S.
48 S. 334.044(6), F.S.
49 S. 337.27(1), F.S.
50 S. 334.03(29)(b), F.S.
51 S. 334.065(1), F.S.
52 Id.
53 S. 334.065(2), F.S.

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14
Under Florida law, an advisory board is created to periodically and objectively review and advise CUTR concerning
its research program. The membership of the board must consist of nine experts in transportation-related areas,
including the secretaries of the DOT, the Department of Environmental Protection, and the Department Commerce,
or their designees, and a member of the Florida Transportation Commission (FTC). The nomination of the
remaining members of the board must be made to the President of the University of South Florida by the College of
Engineering at the University of South Florida, and the appointment of these members must be reviewed and
approved by the FTC and confirmed by the Board of Governors. 54
Project Concept Studies

The term “project concept study” is not defined in federal or state law.

DOT conducts Project Development and Environment (PD&E) studies to meet federal National Environmental
Policy Act 55 requirements. During these studies, DOT determines the location and conceptual design of feasible
build alternatives for roadway improvements and the social, economic, and environmental effects of such
improvements. Throughout the study, a no-build alternative, where roads are left in their present state with
routine maintenance, remains a viable alternative. A PD&E study is finalized when the Federal Highway
Administration reviews the study’s documentation and recommendations and provides a Location and Design
Concept Acceptance. 56

DOT Contracting Authority

DOT may enter into contracts for the construction and maintenance of all roads on the State Highway System, the
State Park Road System, or any other road under its supervision. DOT may also enter into contracts for the
construction and maintenance of rest areas, weigh stations, and other structures used in connection with such
facilities. However, these contracts do not create third-party beneficiary rights in any person that is not a party to
the contract. 57

Awarding DOT Contracts

DOT may award a contract for proposed construction and maintenance work to the lowest responsible bidder, or
with a time-plus-money contract, the lowest evaluated responsible bidder, or it may reject all bids and rebid the
work or otherwise perform the work. 58

Phased Design-Build Contracts

DOT may enter into phased-design build contracts, where contract selection and award is done with a two-phase
process. For phase one, DOT competitively awards the contract, based upon qualifications, to a design-build firm.
For phase two, the design-build firm competitively bids construction trade subcontractor packages and based upon
these bids, negotiates with DOT a price that meets the project’s budget and scope. 59

Marine General Liability Insurance

DOT requires each contractor to indemnify and hold harmless DOT and its officers and employees from liabilities,
damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the
negligence, recklessness, or intentional wrongful misconduct of the contractor and persons employed or utilized by
the contractor in the performance of the construction contract. 60

54 S. 334.065(3), F.S.
55 Pub. L. 91-190; 83 State. 852.
56 DOT District 7, What is a PD&E Study, https://www.fdotd7studies.com/projects/what-is-a-pde-study/. (last visited Mar. 18,

2025).
57 S. 337.11(1), F.S.
58 S. 337.11(4), F.S.
59 S. 337.11(7)(b), F.S. The project’s budget and scope are as advertised in the request for qualifications.
60 DOT Specs Book (January 2017) at Section 7-12.1, https://www.fdot.gov/docs/default-

source/programmanagement/implemented/specbooks/january2017/files/007-117.pdf (last visited Mar. 20, 2025).

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15
DOT also requires each contractor to carry commercial general liability insurance that provides continuous
coverage for all work and operations provided under the contract. Additional requirements exist for construction
adjacent to railroad tracks and certain utility facilities. 61

Since commercial general liability insurance policies exclude marine work, marine general liability insurance is
designed to protect against claims of liability for bodily injury, property damage, and personal injury for those who
work on or near the water. These classes include ship repairers, marina operators, charterers, stevedores, and
terminal operators. 62

Each contract let by DOT to perform bridge construction or maintenance over navigable waters must require
marine general liability insurance, in an amount determined by DOT, to cover third-party personal injury and
property damage caused by vessels used by the contractor in the performance of the work. 63

Settlement of Protests

Agencies subject to the Administrative Procedures Act, 64 including DOT, must resolve protests arising from the
contract solicitation or award process using uniform rules of procedure. 65

DOT’s contracting statue provides additional information regarding its settlement of bid protests. When DOT
determines that it is in the public’s best interest to resolve a bid protest through a settlement agreement, and the
agreement requires DOT to pay a nonselected responsive bidder $1 million or more, any stipend paid to a non-
selected design-build firm, which is not included in DOT's work program, or any amount paid pursuant to any
other law, DOT must:
• Document the specific reasons that such settlement and payment is in the best interest of the state. Such
documentation must include a description of any rights or designs that DOT will acquire or retain with such
settlement, and the specific appropriation that DOT intends to use to provide such payment.
• Provide prior written notification to the President of the Senate, the Speaker of the House of
Representatives, the Senate and House of Representatives minority leaders, the chair and vice chair of the
Legislative Budget Commission, and the Attorney General before DOT makes the settlement agreement
final.
• Provide written notification of settlement discussions to the President of the Senate, the Speaker of the
House of Representatives, the Senate and House of Representatives minority leaders, the chair and vice
chair of the Legislative Budget Commission, and the Attorney General. 66

Applications for Qualification

Under Florida law any contractor desiring to bid on a construction contract in excess of $250,000 must be certified
as qualified by DOT. 67 DOT’s contractor certification rules address these qualifications and provide requirements
regarding a contractor’s equipment, past record, experience, financial resources, and organizational personnel. 68

DOT may waive prequalification for projects of $500,000 or less if DOT determines that the project is of a
noncritical nature and the waiver will not endanger public health, safety, or property. 69

Contractor Certification

61 Id. at Sections 7-13.2, 7-13.3, and 7-13.4.
62 Kelly White and Associates Insurance, LLC, Marine General Liability Insurance, https://kwhiteinsurance.com/marine-

insurance/#:~:text=Marine%20General%20Liability%20protects%20against,%2C%20stevedores%2C%20and%20terminal%20operators
(last visited Mar. 20, 2025).
63 S. 337.11(15), F.S.
64 Ch. 120, F.S.
65 S. 120.57(3), F.S. The Uniform Rules of Procedure relating to bid protests are contained in Rule 28-110, F.A.C.
66 S. 337.1101(1), F.S.
67 Certification for qualification is pursuant to s. 337.14, F.S., and DOT rules.
68 S. 337.14(1), F.S.
69 S. 337.14(1), F.S.

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Certification by DOT is required in order for a contractor to bid on a road, bridge, or public transportation
construction contract of more than $250,000. However, prior to the award of the contract, the successful bidder
must furnish a contract bond. DOT may waive all or a portion of the bonding requirement for contracts of $150,000
or less. 70

Maintenance Contracts

Section 337.14(8), F.S., provides that that section, which relates to the applications for qualification and certificates
of qualification for DOT contractors does not apply to maintenance contracts.

State Arbitration Board

The State Arbitration Board (Board), within DOT, facilitates the prompt resolution of claims arising out of or in
connection with DOT’s construction or maintenance contract. 71

The contractor 72 may submit a claim 73 of greater than $250,000 up to $1 million per contract or, upon agreement
of the parties, up to $2 million per contract for arbitration by the board. A board-issued award is final, unless a
request for a trial de novo is filed within certain time frames. 74

Parties may not make an arbitration request prior to DOT’s final acceptance of the project; 75 but such requests
must be made within 820 days after final acceptance. 76

Suits By and Against DOT

Under current law, suits may be brought by and against DOT for certain contract-related claims, which must
commence within 820 days of DOT’s final acceptance of the work. 77

Utility Relocation

Current law authorizes an authority, defined as DOT and local governmental entities, 78 with jurisdiction and
control of public roads or publicly-owned rail corridors to prescribe and enforce reasonable rules or regulations
regarding the placement and maintenance of utilities within their rights-of-way. 79

70 S. 337.14(2), F.S.
71 S. 337.185(1), F.S.
72 Section 337.185(2)(b), F.S., defines the term “contractor” means a person or firm having a contract for rendering services to

the department relating to the construction or maintenance of a transportation facility.
73 Section 337.185(2)(a), F.S., defines the term “claim” to mean the aggregate of all outstanding written requests for additional

monetary compensation, time, or other adjustments to the contract, the entitlement or impact of which is disputed by the
department and could not be resolved by negotiation between the department and the contractor.
74 S. 337.185(4), F.S.
75 Section 337.185(2)(c), F.S., defines the term “final acceptance” to mean that the contractor has completely performed the

work provided for under the contract, the department or its agent has determined that the contractor has satisfactorily
completed the work provided for under the contract, and the department or its agent has submitted written notice of final
acceptance to the contractor.
76 S. 337.185(5), F.S.
77 S. 337.19 (1) and (2), F.S.
78 Section 334.03(13), F.S., defines the term “local governmental entity” to mean a unit of government with less than statewide

jurisdiction, or any officially designated public agency or authority of such a unit of government, that has the responsibility for
planning, construction, operation, or maintenance of, or jurisdiction over, a transportation facility; the term includes, but is not
limited to, a county, an incorporated municipality, a metropolitan planning organization, an expressway or transportation
authority, a road and bridge district, a special road and bridge district, and a regional governmental unit.
79 S. 337.401 (1)(a), F.S

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For this purpose, the term “utility” is defined to mean electric transmission, voice, telegraph, data, or other
communications services lines or wireless facilities; pole lines; poles; railways; ditches; sewers; water, heat, or gas
mains; pipelines; fences; gasoline tanks and pumps; or other structures. 80

An authority may grant a utility the use of its right-of-way in accordance with its rules or regulations. A utility may
not be installed, located, or relocated unless authorized by an authority-issued permit. However, for roads or rail
corridors under DOT’s jurisdiction, in lieu of a written permit, a utility relocation schedule and relocation
agreement may be executed. A utility permit must require that the permitholder is responsible for any damage
resulting from the issuance of such permit. 81

In most cases, if the authority finds that a utility in its right-of-way is unreasonably interfering with the public road
or publicly owned rail corridor, the utility must, upon 30 days' written notice, initiate the work necessary, at its
own expense, to alleviate the interference. The work must be completed within such reasonable time as stated in
the notice or at such time as agreed to by the authority and the utility owner. 82

Section 337.403, F.S., relates to interference caused by a utility. Under that statute, if the authority finds that a
utility within the right-of-way limits of any public road or publicly owned rail corridor to be unreasonably
interfering in any way with such public road or publicly owned rail corridor, the utility owner must, upon 30 days'
written notice, initiate the work necessary to alleviate the interference at its own expense except as provided in
various scenarios. The work must be completed within such a reasonable time as stated in the notice, or at such
time as agreed to by the authority and the utility owner. 83

Among these scenarios, Florida law provides that if the relocation is needed due to a construction project on the
federal-aid interstate system, and the project’s costs are eligible and approved for federal reimbursement of 90
percent or more under the Federal-Aid Highway Act, 84 the utility owning or operating such facilities must perform
any necessary work upon receiving notice from DOT. The amount the state pays for such work is after deducting
any increase in the value of a new facility and any salvage value derived from an old facility. 85

When DOT and the utility execute a joint agreement for utility work as part of a contract to construct a
transportation facility, DOT may participate in the cost of utility work exceeding 10 percent of DOT's official
estimated cost of the utility work. DOT’s cost participation is limited to the difference between its official estimate
plus 10 percent and the amount awarded for this work in the construction contract. DOT may not participate in
any utility work costs that occur due to changes or additions during the course of the contract. 86

Metropolitan Planning Organizations

M.P.O.s and Primary Functions

Florida law provides that it is the intent of the Legislature to encourage and promote the safe and efficient
management, operation, and development of surface transportation systems that will serve the mobility needs of
people and freight and foster economic growth and development within and through urbanized areas of this state
while minimizing transportation-related fuel consumption, air pollution, and greenhouse gas emissions through
metropolitan transportation planning processes. 87 To achieve this intent or objective, Florida law provides that
M.P.O.s, must develop, in cooperation with the state and public transit operators, transportation plans and
programs for metropolitan areas. 88

80 Id.
81 S. 337.401(2), F.S.
82 S. 337.403(1), F.S.
83 S. 337.403(1), F.S. Paragraphs (a)-(j) provide various scenarios regarding utility relocation.
84 Pub, L, No. 84-627.
85 S. 337.403(1)(a), F.S.
86 S. 337.403(1)(b), F.S.
87 S. 339.175(1), F.S.
88 Id.

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M.P.O.s are entities comprised of representatives from local governments and transportation authorities that are
responsible for regional transportation planning in urbanized areas with populations of over 50,000 as determined
by the U.S. Census. 89 As seen below, Florida has 27 M.P.O.s, and each have their own geographical boundary and
board of voting members. 90

M.P.O. Designation

To the extent possible, only one M.P.O. is designated for each urbanized area or group of contiguous urbanized
areas. More than one M.P.O. may be designated within an existing urbanized area only if the Governor and the
existing M.P.O. determine that the size and complexity of the existing urbanized area makes the designation of
more than one M.P.O. for the area appropriate, in which case each M.P.O. designated for the area must:
• Consult with every other M.P.O. designated for the urbanized area and the state to coordinate plans and
transportation improvement programs; and
• Ensure, to the maximum extent practicable, the consistency of data used in the planning process, including
data used in forecasting travel demand within the urbanized area. 91

Coordination with other M.P.O.s and Political Subdivisions

M.P.O.s are required to develop coordination mechanisms with one another to expand and improve transportation
within the state. The appropriate method of coordination between M.P.O.s may vary depending upon the project
involved and given local and regional needs. Consequently, discretion is used by M.P.O.s to coordinate with other
M.P.O.s and appropriate political subdivisions as circumstances demand. 92

M.P.O.s and Transportation Planning

DOT and M.P.O.s are partners in the transportation planning, with DOT responsible for coordinating the state’s
long-range transportation goals, the Florida Transportation Plan (FTP), 93 and M.P.O.s responsible for coordinating
regional long-range transportation plans. 94 The M.P.O.s develop their Long Range Transportation Plan (LRTP) to
implement national and state goals for their metropolitan area. 95 Projects are developed and must be included in
the LRTP to be considered for funding. 96 An M.P.O. must also develop its List of Priority Projects (LOPP), which
must be consistent with the LRTP and is used to inform the development of the Transportation Improvement
Program (TIP). 97 An M.P.O.’s TIP includes a listing of projects planned for the next five fiscal years. 98 TIPs from all
27 M.P.O.s are combined together, along with DOT’s other non-metropolitan statewide projects to form the
Statewide Transportation Improvement Program (STIP). 99 To be eligible for federal funding, projects must be

89 Federal Transit Administration, Metropolitan Planning Organization (MPO), https://www.transit.dot.gov/regulations-and-

guidance/transportation-planning/metropolitan-planning-organization-mpo#:~:text=Planning%20Organization%20(MPO)-
,Overview,determined%20by%20the%20U.S.%20Census. (last visited Mar. 22, 2025).
90 DOT, Metropolitan Planning Organization Subject Brief, https://fdotwww.blob.core.windows.net/sitefinity/docs/default-

source/planning/policy/briefing-sheets/briefing_sheet_mpo_102720.pdf?sfvrsn=b17ab46b_2 (last visited Mar. 22, 2025).
91 S. 339.175(2), F.S.
92 S. 339.175(6)(j), F.S.
93 The FTP is a policy document updated at least once every five years and developed in compliance with requirements in s.

339.155, F.S. The FTP establishes and defines the state’s long-range transportation goals and objectives to be accomplished
over a period of at least 20 years. S. 339.155(1), F.S. It is based upon the prevailing principles of preserving the existing
transportation infrastructure, enhancing Florida’s economic competitiveness, improving travel choices to ensure mobility, and
expanding the state’s role as a hub for trade and investment. Id. The FTP is the single overarching plan guiding Florida’s
transportation future. DOT, Florida Transportation Plan, https://www.fdot.gov/planning/ftp/default.shtm (last visited Mar.
22, 2025).
94 DOT, supra note 90.
95 Id.
96 Id.
97 Id.
98 DOT, STIP Information, https://www.fdot.gov/workprogram/federal/stip-mpostip.shtm (last visited Mar. 21, 2025).
99 DOT, supra note 90.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
19
included in the LRTP, TIP, and STIP. 100 The projects included in an M.P.O.’s TIP are funded and completed through
the Work Program (WP). 101

In developing the LRTP and the TIP, each M.P.O. must provide for consideration projects and strategies that will:
• Support the economic vitality of the contiguous urbanized metropolitan area, especially by enabling global
competitiveness, productivity, and efficiency;
• Increase the safety and security of the transportation system for motorized and nonmotorized users;
• Increase the accessibility and mobility options available to people and for freight;
• Protect and enhance the environment, promote energy conservation, and improve quality of life;
• Enhance the integration and connectivity of the transportation system, across and between modes and
contiguous urbanized metropolitan areas, for people and freight;
• Promote efficient system management and operation;
• Emphasize the preservation of the existing transportation system; and
• Improve the resilience of transportation infrastructure. 102

The LRTP must, at a minimum:
• Identify transportation facilities that will function as an integrated metropolitan transportation system.
o The LRTP must give emphasis to those transportation facilities that serve national, statewide, or
regional functions, and must consider the goals and objectives identified in the FTP.
o If a project is located within the boundaries of more than one M.P.O., the M.P.O.s must coordinate
plans regarding the project in the LRTP. Multiple M.P.O.s within a contiguous urbanized area must
coordinate the development of LRTPs to be reviewed by the Metropolitan Planning Organization
Advisory Council.
• Include a financial plan that demonstrates how the plan can be implemented, indicating resources from
public and private sources which are reasonably expected to be available to carry out the plan, and
recommends any additional financing strategies for needed projects and programs.
o The financial plan may include, for illustrative purposes, additional projects that would be included
in the adopted LRTP if reasonable additional resources beyond those identified in the financial plan
were available. For the purpose of developing the LRTP, the M.P.O. and DOT must cooperatively
develop estimates of funds that will be available to support the plan implementation. Innovative
financing techniques may be used to fund needed projects and programs. Such techniques may
include the assessment of tolls, the use of value capture financing, or the use of value pricing.
• Assess capital investment and other measures necessary to:
o Ensure the preservation of the existing metropolitan transportation system including requirements
for the operation, resurfacing, restoration, and rehabilitation of major roadways and requirements
for the operation, maintenance, modernization, and rehabilitation of public transportation facilities;
and
o Make the most efficient use of existing transportation facilities to relieve vehicular congestion,
improve safety, and maximize the mobility of people and goods. Such efforts must include, but are
not limited to, consideration of infrastructure and technological improvements necessary to
accommodate advances in vehicle technology, such as automated driving systems and other
developments.
• Indicate, as appropriate, proposed transportation enhancement activities, including, but not limited to,
pedestrian and bicycle facilities, trails or facilities that are regionally significant or critical linkages for the
Florida Shared-Use Nonmotorized Trail Network, scenic easements, landscaping, historic preservation,
mitigation of water pollution due to highway runoff, and control of outdoor advertising.
• Coordinate, in metropolitan areas that are classified as nonattainment areas for ozone or carbon monoxide,
the development of the LRTP with the State Implementation Plan developed pursuant to the requirements
of the federal Clean Air Act. 103

100 Id.
101 Id.
102 S. 339.175(6)(b), F.S.
103 S. 339.175(7), F.S.

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20
In the development of its LRTP, each M.P.O. must provide the public, affected public agencies, representatives of
transportation agency employees, freight shippers, providers of freight transportation services, private providers
of transportation, representatives of users of public transit, and other interested parties with a reasonable
opportunity to comment on the LRTP. The LRTP must be approved by the M.P.O. 104

Feasibility Studies on Consolidation of Select M.P.O.s

The M.P.O.s serving Hillsborough, Pasco, and Pinellas Counties were required to submit, by December 31, 2023, a
feasibility report to the Governor, the President of the Senate, and the Speaker of the House of Representatives
exploring the benefits, costs, and process of consolidation into a single M.P.O. serving the contiguous urbanized
area, the goal of which was to:
• Coordinate transportation projects deemed to be regionally significant;
• Review the impact of regionally significant land use decisions on the region; and
• Review all proposed regionally significant transportation projects in the TIPs. 105

Metropolitan Planning Organization Advisory Council (MPOAC)

Under Florida law, the MPOAC was established with the purpose to augment, and not supplant, the role of the
individual M.P.O.s in the cooperative transportation planning process. 106 The council consists of one representative
from each M.P.O. and annually elects a chairperson from its membership. 107

The main powers and duties of the council are to:
• Establish bylaws by action of its governing board providing procedural rules to guide its proceedings and
consideration of matters before the council, or, alternatively, adopt rules to implement provisions of law
conferring powers or duties upon the council;
• Assist M.P.O.s in carrying out the urbanized area transportation planning process by serving as the
principal forum for collective policy discussion;
• Serve as a clearinghouse for review and comment by M.P.O.s on the FTP and on other issues required to
comply with federal or state law in carrying out the urbanized area transportation and systematic planning
processes;
• Employ an executive director and such other staff as necessary to perform adequately the functions of the
council, within budgetary limitations;
• Deliver training on federal and state program requirements and procedures to M.P.O. board members and
M.P.O. staff; and
• Adopt an agency strategic plan that prioritizes steps the agency will take to carry out its mission within the
context of the state comprehensive plan and any other statutory mandates and directives. 108

The council may also enter into contracts to support its duties. 109

Strategic Intermodal System Highway Corridors

Florida’s Strategic Intermodal System (SIS) is its high priority network of transportation facilities important to the
state's economy and mobility. 110 DOT must plan and develop SIS highway corridors to allow for high-speed and
high-volume. 111 SIS highway corridors include facilities on State Highway System that meet DOT-adopted criteria,
including Interstate highways, the Florida Turnpike System, interregional and intercity limited access facilities.

104 Id.
105 S. 339.175(6)(i), F.S.
106 S. 339.175(11)(a), F.S.
107 S. 339.175(11)(b), F.S.
108 S. 339.175(11)(c), F.S.
109 S. 339.175(11)(d), F.S.
110 DOT, Strategic Intermodal System, https://www.fdot.gov/planning/systems/sis (last visited Mar. 21, 2025).
111 S. 339.65(1), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
21
existing interregional and intercity arterial highways meeting certain standards, and new limited access facilities
necessary to complete a balanced statewide system. 112

DOT must develop and maintain a plan of SIS highway corridor projects that it anticipates, to contract for
construction within at least 20 the next years. This plan must also identify when SIS Highway Corridor segments
will SIS standards and criteria. 113

Funding for Florida College System Equipment Simulators

Florida College System

The Florida College System provides higher education for Floridians, including recent high school graduates and
returning adult students. The 28-member colleges of the Florida College System respond quickly and efficiently to
meet the demand of employers by aligning certificate and degree programs with regional workforce needs. With an
array of programs and services, our colleges serve individuals, communities and the state with low-cost, high-
quality education opportunities. 114

Rural Areas of Opportunity

A Rural Area of Opportunity (RAO) is a rural community, 115 or region comprised of rural communities, designated
by the Governor, that has been adversely affected by an extraordinary economic event, severe or chronic distress,
or a natural disaster. 116 An area may also be designated as an RAO if it presents a unique economic development
opportunity of regional impact. 117 The designation of an RAO must be agreed upon by the Department of
Commerce, as well as the county and municipal governments to be included in the RAO. 118

Widening of Interstate 4

Included in DOT’s Moving Florida Forward Initiative, is the acceleration of the addition of two new express lanes in
each direction along I-4 from west of U.S. 27 in Polk County to east of World Center Drive (S.R. 536) in Orange
County. DOT is also accelerating the construction of two new congestion relief lanes, one in each direction, between
U.S. 27 and east of World Drive. 119

DOT District Boundaries

DOT is a decentralized agency divided up into geographic districts. There are currently seven DOT districts:
Southwest Florida, Northeast Florida, Northwest Florida, Southeast Florida, Central Florida, South Florida, and
West Central Florida. DOT’s headquarters is in Tallahassee, and each of the seven districts have at least one office
in the district. 120

Each DOT district varies in organizational structure, but in general, each has major divisions for Administration,
Planning, Production, and Operations. Additionally, each district has a Public Information Office that reports to the
District Secretary and a District Chief Counsel who reports to the DOT General Counsel in Tallahassee. 121

Sarasota Manatee Airport Authority

112 S. 339.65(2), F.S.
113 S. 339.65(4), F.S.
114 Florida College System, Florida Department of Education, https://www.fldoe.org/schools/higher-ed/fl-college-system/

(last visited Mar. 22, 2025).
115 S. 288.0656(2)(e), F.S.
116 S. 288.0656(2)(d), F.S.
117 Id.
118 S. 288.0656(7)(b), F.S.
119 DOT, Moving I-4 Forward, https://movingi4forward.com/ (last visited Mar. 21, 2025).
120 DOT, Districts, https://www.fdot.gov/agencyresources/districts/index.shtm (last visited Mar. 21, 2025).
121 Id.

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The Sarasota Manatee Airport Authority was created as a public agency by the State of Florida to operate and
manage the Sarasota Bradenton International Airport. The Authority has six Commissioners appointed by the
Governor, each serving four-year terms. Three Commissioners reside in Manatee County and three reside in
Sarasota County. 122

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure 16 Y, 0 N, As CS 3/27/2025 Keating Bauldree
Subcommittee
THE CHANGES ADOPTED BY THE • Clarified the method of distribution of certain tax proceeds to the STTF.
COMMITTEE: • Required DOT to implement the Next-Generation Traffic Signal
Modernization Program.
• Required DOT to determine the safe and available minimum speed limit on
specified highways.
• Increased the maximum allowable speed limits on specified highways and
roadways.
• Amended the Florida Airport Development and Assistance Act to change
various references to airports to “public-use” airports.
• Removed language that provided that contractors provide a service to DOT,
• Removed a provision related to projects for which DOT’s estimate is $100
million or less.
• Revised provisions related to utility use of the public ROW, including
provisions related to the relocation of utility facilities.
• Clarified training provisions for metropolitan planning organizations.
• Streamlined provisions that create a pilot program for the Sarasota
Manatee Airport Authority and removes duplicative provisions.
• Authorized local governments to adopt ordinances pertaining to the
operation of electric bicycles, motorized scooters, or micromobility devices.
• Authorized local governments to provide training on the safe operation of
any of electric bicycles, motorized scooters, or micromobility devices and
on compliance with applicable state traffic laws.
Transportation & Economic Davis McAuliffe
Development Budget
Subcommittee
Commerce Committee

122 Airport Authority, Sarasota Manatee Airport Authority, https://flysrq.com/airport-authority (last visited Mar. 22, 2025).

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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 567 2025

1 A bill to be entitled
2 An act relating to transportation; amending s. 212.20,
3 F.S.; requiring the Department of Revenue to make
4 monthly distributions from certain tax proceeds to the
5 State Transportation Trust Fund; creating s. 218.3211,
6 F.S.; requiring counties to annually provide the
7 Department of Transportation with certain project
8 data; providing requirements for such data; providing
9 duties of the department; creating s. 316.00832, F.S.;
10 requiring the Department of Highway Safety and Motor
11 Vehicles to create the Next-generation Traffic Signal
12 Modernization Program; providing requirements for such
13 program; amending s. 316.183, F.S.; requiring the
14 department to determine certain speed limits; amending
15 s. 316.187, F.S.; increasing certain speed limits;
16 amending s. 316.20655, F.S.; authorizing a local
17 government to adopt certain ordinances and provide
18 certain training relating to the safe operation of
19 electric bicycles; amending s. 316.2128, F.S.;
20 authorizing a local government to adopt certain
21 ordinances and provide certain training relating to
22 the safe operation of motorized scooters and
23 micromobility devices; creating s. 320.0849, F.S.;
24 requiring the department to issue expectant mother
25 parking permits; specifying the validity period

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26 thereof; providing design requirements for expectant
27 mother parking permit placards or decals; providing
28 application requirements; authorizing such
29 permitholders to park in certain spaces; amending s.
30 331.3051, F.S.; conforming provisions to changes made
31 by the act; amending s. 332.004, F.S.; revising
32 definitions; amending s. 332.006, F.S.; requiring the
33 Department of Transportation to provide financial and
34 technical assistance to public agencies that own,
35 rather than operate, public-use airports; amending s.
36 332.007, F.S.; revising the administration and
37 financing of aviation and airport programs and
38 projects; authorizing a municipality, a county, or an
39 authority that owns a public-use airport to
40 participate in the Airport Investment Partnership
41 Program under the Federal Aviation Administration
42 under certain circumstances; authorizing the
43 department to provide for improvements, subject to the
44 availability of appropriated funds, to a municipality,
45 a county, or an authority under certain circumstances;
46 amending s. 334.044, F.S.; revising conditions under
47 which the department may acquire property through
48 eminent domain; amending s. 334.065, F.S.; revising
49 membership of the Center for Urban Transportation
50 Research advisory board; creating s. 334.63, F.S.;

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51 providing requirements for certain project concept
52 studies and project development and environmental
53 studies; amending s. 337.11, F.S.; providing
54 competitive bidding and award requirements for
55 contracts for certain projects; providing
56 construction; revising requirements for requests for
57 proposals for design-build contracts; revising
58 requirements for selection and award of phased design-
59 build contracts; removing provisions relating to
60 design-build and phased design-build contracts and
61 construction; requiring contracts to contain
62 protection and indemnity coverage; amending s.
63 337.1101, F.S.; prohibiting the department from
64 creating a new contract that is not competitively
65 procured; amending s. 337.14, F.S.; authorizing the
66 department to waive certain requirements for push-
67 button or task work order contracts; revising the
68 amount of contracts for which the department may waive
69 bonding requirements; requiring a contractor seeking
70 to bid on a certain maintenance contract to possess
71 certain qualifications; amending s. 337.185, F.S.;
72 revising the amount of a contract that may be subject
73 to arbitration; revising the timeframe in which
74 arbitration requests must be made to the State
75 Arbitration Board; amending s. 337.19, F.S.; revising

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76 the timeframe in which certain suits by and against
77 the department must commence; removing an obsolete
78 provision; amending s. 337.401, F.S.; requiring
79 certain underground utilities to be electronically
80 detectable by specified techniques; requiring the
81 utility owner to pay certain reasonable damages and
82 reimburse certain costs; defining the term "as-built
83 plans"; amending s. 337.403, F.S.; authorizing the
84 department to provide an incentive to specified
85 utility owners under certain circumstances; providing
86 requirements for department rules and procedures for
87 engaging with utility owners; requiring the department
88 to grant an extension to the utility relocation
89 schedule during a state of emergency; authorizing the
90 department to give final notice if the utility owner
91 does not initiate work within a specified timeframe;
92 authorizing the department to withhold amounts due or
93 exercise injunctive relief under certain
94 circumstances; providing that the utility owner is
95 liable to the department for certain damages; amending
96 s. 339.175, F.S.; revising legislative intent;
97 revising requirements for the designation of
98 additional M.P.O.'s; revising projects and strategies
99 to be considered in developing an M.P.O.'s long-range
100 transportation plan and transportation improvement

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101 program; removing obsolete provisions; requiring the
102 department to convene M.P.O.'s of similar size to
103 exchange best practices; authorizing such M.P.O.'s to
104 develop committees or working groups; requiring
105 training for new M.P.O. governing board members to be
106 provided by the department or another specified
107 entity; removing provisions relating to M.P.O.
108 coordination mechanisms; including public-private
109 partnerships in authorized financing techniques;
110 revising proposed transportation enhancement
111 activities that must be indicated by the long-range
112 transportation plan; authorizing each M.P.O. to
113 execute a written agreement with the department
114 regarding state and federal transportation planning
115 requirements; requiring the department and M.P.O.'s to
116 establish certain quality performance metrics and
117 develop certain performance targets; requiring the
118 department to evaluate and post on its website whether
119 each M.P.O. has made significant progress toward such
120 targets; removing provisions relating to the
121 Metropolitan Planning Organization Advisory Council;
122 amending s. 339.65, F.S.; requiring the department to
123 prioritize certain Strategic Intermodal System highway
124 corridor projects; amending s. 339.84, F.S.;
125 authorizing the department to expend certain funds for

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126 grants for the purchase of certain equipment within a
127 specified timeframe; providing requirements for grant
128 recipients; requiring the department to give certain
129 priority in awarding grants; amending ss. 202.20,
130 331.310, and 610.106, F.S.; conforming cross-
131 references; providing legislative findings regarding
132 widening of a certain roadway; requiring the
133 department to develop and submit to the Governor and
134 Legislature a report with certain specifications;
135 requiring the department to submit to the Governor and
136 Legislature a report regarding department districts;
137 creating s. 332.136, F.S.; establishing an airport
138 pilot program at the Sarasota Manatee Airport
139 Authority; providing purpose of the pilot program;
140 requiring the department to adopt rules; requiring the
141 department, by a specified date, to submit a report to
142 the Governor and the Legislature for specified
143 purposes; providing for repeal on a specified date;
144 providing an effective date.
145
146 Be It Enacted by the Legislature of the State of Florida:
147
148 Section 1. Paragraph (d) of subsection (6) of section
149 212.20, Florida Statutes, is amended to read:
150 212.20 Funds collected, disposition; additional powers of

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151 department; operational expense; refund of taxes adjudicated
152 unconstitutionally collected.—
153 (6) Distribution of all proceeds under this chapter and
154 ss. 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
155 (d) The proceeds of all other taxes and fees imposed
156 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
157 and (2)(b) shall be distributed as follows:
158 1. In any fiscal year, the greater of $500 million, minus
159 an amount equal to 4.6 percent of the proceeds of the taxes
160 collected pursuant to chapter 201, or 5.2 percent of all other
161 taxes and fees imposed pursuant to this chapter or remitted
162 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
163 monthly installments into the General Revenue Fund.
164 2. After the distribution under subparagraph 1., 8.9744
165 percent of the amount remitted by a sales tax dealer located
166 within a participating county pursuant to s. 218.61 shall be
167 transferred into the Local Government Half-cent Sales Tax
168 Clearing Trust Fund. Beginning July 1, 2003, the amount to be
169 transferred shall be reduced by 0.1 percent, and the department
170 shall distribute this amount to the Public Employees Relations
171 Commission Trust Fund less $5,000 each month, which shall be
172 added to the amount calculated in subparagraph 3. and
173 distributed accordingly.
174 3. After the distribution under subparagraphs 1. and 2.,
175 0.0966 percent shall be transferred to the Local Government

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176 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
177 to s. 218.65.
178 4. After the distributions under subparagraphs 1., 2., and
179 3., 2.0810 percent of the available proceeds shall be
180 transferred monthly to the Revenue Sharing Trust Fund for
181 Counties pursuant to s. 218.215.
182 5. After the distributions under subparagraphs 1., 2., and
183 3., 1.3653 percent of the available proceeds shall be
184 transferred monthly to the Revenue Sharing Trust Fund for
185 Municipalities pursuant to s. 218.215. If the total revenue to
186 be distributed pursuant to this subparagraph is at least as
187 great as the amount due from the Revenue Sharing Trust Fund for
188 Municipalities and the former Municipal Financial Assistance
189 Trust Fund in state fiscal year 1999-2000, no municipality shall
190 receive less than the amount due from the Revenue Sharing Trust
191 Fund for Municipalities and the former Municipal Financial
192 Assistance Trust Fund in state fiscal year 1999-2000. If the
193 total proceeds to be distributed are less than the amount
194 received in combination from the Revenue Sharing Trust Fund for
195 Municipalities and the former Municipal Financial Assistance
196 Trust Fund in state fiscal year 1999-2000, each municipality
197 shall receive an amount proportionate to the amount it was due
198 in state fiscal year 1999-2000.
199 6. Of the remaining proceeds:
200 a. In each fiscal year, the sum of $29,915,500 shall be

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201 divided into as many equal parts as there are counties in the
202 state, and one part shall be distributed to each county. The
203 distribution among the several counties must begin each fiscal
204 year on or before January 5th and continue monthly for a total
205 of 4 months. If a local or special law required that any moneys
206 accruing to a county in fiscal year 1999-2000 under the then-
207 existing provisions of s. 550.135 be paid directly to the
208 district school board, special district, or a municipal
209 government, such payment must continue until the local or
210 special law is amended or repealed. The state covenants with
211 holders of bonds or other instruments of indebtedness issued by
212 local governments, special districts, or district school boards
213 before July 1, 2000, that it is not the intent of this
214 subparagraph to adversely affect the rights of those holders or
215 relieve local governments, special districts, or district school
216 boards of the duty to meet their obligations as a result of
217 previous pledges or assignments or trusts entered into which
218 obligated funds received from the distribution to county
219 governments under then-existing s. 550.135. This distribution
220 specifically is in lieu of funds distributed under s. 550.135
221 before July 1, 2000.
222 b. The department shall distribute $166,667 monthly to
223 each applicant certified as a facility for a new or retained
224 professional sports franchise pursuant to s. 288.1162. Up to
225 $41,667 shall be distributed monthly by the department to each

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226 certified applicant as defined in s. 288.11621 for a facility
227 for a spring training franchise. However, not more than $416,670
228 may be distributed monthly in the aggregate to all certified
229 applicants for facilities for spring training franchises.
230 Distributions begin 60 days after such certification and
231 continue for not more than 30 years, except as otherwise
232 provided in s. 288.11621. A certified applicant identified in
233 this sub-subparagraph may not receive more in distributions than
234 expended by the applicant for the public purposes provided in s.
235 288.1162(5) or s. 288.11621(3).
236 c. The department shall distribute up to $83,333 monthly
237 to each certified applicant as defined in s. 288.11631 for a
238 facility used by a single spring training franchise, or up to
239 $166,667 monthly to each certified applicant as defined in s.
240 288.11631 for a facility used by more than one spring training
241 franchise. Monthly distributions begin 60 days after such
242 certification or July 1, 2016, whichever is later, and continue
243 for not more than 20 years to each certified applicant as
244 defined in s. 288.11631 for a facility used by a single spring
245 training franchise or not more than 25 years to each certified
246 applicant as defined in s. 288.11631 for a facility used by more
247 than one spring training franchise. A certified applicant
248 identified in this sub-subparagraph may not receive more in
249 distributions than expended by the applicant for the public
250 purposes provided in s. 288.11631(3).

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251 d. The department shall distribute $15,333 monthly to the
252 State Transportation Trust Fund.
253 e.(I) On or before July 25, 2021, August 25, 2021, and
254 September 25, 2021, the department shall distribute $324,533,334
255 in each of those months to the Unemployment Compensation Trust
256 Fund, less an adjustment for refunds issued from the General
257 Revenue Fund pursuant to s. 443.131(3)(e)3. before making the
258 distribution. The adjustments made by the department to the
259 total distributions shall be equal to the total refunds made
260 pursuant to s. 443.131(3)(e)3. If the amount of refunds to be
261 subtracted from any single distribution exceeds the
262 distribution, the department may not make that distribution and
263 must subtract the remaining balance from the next distribution.
264 (II) Beginning July 2022, and on or before the 25th day of
265 each month, the department shall distribute $90 million monthly
266 to the Unemployment Compensation Trust Fund.
267 (III) If the ending balance of the Unemployment
268 Compensation Trust Fund exceeds $4,071,519,600 on the last day
269 of any month, as determined from United States Department of the
270 Treasury data, the Office of Economic and Demographic Research
271 shall certify to the department that the ending balance of the
272 trust fund exceeds such amount.
273 (IV) This sub-subparagraph is repealed, and the department
274 shall end monthly distributions under sub-sub-subparagraph (II),
275 on the date the department receives certification under sub-sub-

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276 subparagraph (III).
277 f. Beginning July 1, 2023, in each fiscal year, the
278 department shall distribute $27.5 million to the Florida
279 Agricultural Promotional Campaign Trust Fund under s. 571.26,
280 for further distribution in accordance with s. 571.265.
281 g. Beginning July 1, 2025, and reassessed on or before the
282 25th day of each month, the department shall distribute $4.167
283 million from the proceeds of the tax imposed under s.
284 212.05(1)(e)1.c. to the State Transportation Trust Fund to
285 account for the impact of electric and hybrid vehicles on the
286 State Highway System.
287 7. All other proceeds must remain in the General Revenue
288 Fund.
289 Section 2. Section 218.3211, Florida Statutes, is created
290 to read:
291 218.3211 County transportation project data.—Each county
292 must annually provide the Department of Transportation with
293 uniform project data. The data must conform to the county's
294 fiscal year and must include, but need not be limited to,
295 details on transportation revenues by source of taxes or fees,
296 expenditure of such revenues for projects that were funded, and
297 the unexpended balance of such revenues. The details of projects
298 must include, but need not be limited to, the cost, location,
299 and scope of each project. The scope of each project must be
300 categorized broadly, such as road widening, repair and

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301 rehabilitation, addition of sidewalks, or any similarly broad
302 categorization. Revenues not dedicated to specific projects must
303 be detailed as to what programs the revenues are supporting. The
304 Department of Transportation must inform each county of the
305 method and format for submitting the data. The Department of
306 Transportation shall compile the data and publish the
307 compilation of data on its website.
308 Section 3. Section 316.00832, Florida Statutes, is created
309 to read:
310 316.00832 Next-generation Traffic Signal Modernization
311 Program.—
312 (1) The department shall implement the Next-generation
313 Traffic Signal Modernization Program. The Next-generation
314 Traffic Signal Modernization Program shall consist of
315 retrofitting existing traffic signals and controllers and
316 providing a communication backbone for remote operations and
317 management of such signals on the State Highway System and
318 nonstate highway system. Such signal upgrades shall be
319 prioritized based on average annual daily traffic and the impact
320 of adding to an existing interconnected system.
321 (2) The program shall consist of an advanced traffic
322 management platform that uses radar-camera fusion to deliver
323 accurate detection in all weather conditions, offering fully
324 integrated stop bar and advance detection, alongside dilemma
325 zone and pedestrian protection. In addition to supporting time-

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326 of-day signal timing plans, the program shall provide real-time
327 traffic optimization to improve flow and enhance safety. The
328 program must be compliant with leading cybersecurity standards,
329 such as SOC 2 and ISO 27001, ensuring robust data protection.
330 Section 4. Subsection (2) of section 316.183, Florida
331 Statutes, is amended to read:
332 316.183 Unlawful speed.—
333 (2) On all streets or highways, the maximum speed limits
334 for all vehicles must be 30 miles per hour in business or
335 residence districts, and 55 miles per hour at any time at all
336 other locations. However, with respect to a residence district,
337 a county or municipality may set a maximum speed limit of 20 or
338 25 miles per hour on local streets and highways after an
339 investigation determines that such a limit is reasonable. It is
340 not necessary to conduct a separate investigation for each
341 residence district. The department shall determine the safe and
342 available minimum speed limit on all highways that are comprise
343 a part of the National System of Interstate and Defense Highways
344 and have at least not fewer than four lanes is 40 miles per
345 hour, except that when the posted speed limit is 70 miles per
346 hour, the minimum speed limit is 50 miles per hour.
347 Section 5. Subsection (2) of section 316.187, Florida
348 Statutes, is amended to read:
349 316.187 Establishment of state speed zones.—
350 (2)(a) The maximum allowable speed limit on limited access

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351 highways is 75 70 miles per hour.
352 (b) The maximum allowable speed limit on any other highway
353 that which is outside an urban area of 5,000 or more persons and
354 that which has at least four lanes divided by a median strip is
355 70 65 miles per hour.
356 (c) The Department of Transportation is authorized to set
357 such maximum and minimum speed limits for travel over other
358 roadways under its authority as it deems safe and advisable, not
359 to exceed as a maximum limit 65 60 miles per hour.
360 Section 6. Subsections (8) and (9) are added to section
361 316.20655, Florida Statutes, to read:
362 316.20655 Electric bicycle regulations.—
363 (8) A local government may adopt an ordinance providing
364 one or more minimum age requirements to operate an electric
365 bicycle and may adopt an ordinance requiring an operator of an
366 electric bicycle to possess a government-issued photographic
367 identification while operating the electric bicycle.
368 (9) A local government may provide training on the safe
369 operation of electric bicycles and compliance with the traffic
370 laws of this state that apply to electric bicycles.
371 Section 7. Subsections (7) and (8) are added to section
372 316.2128, Florida Statutes, to read:
373 316.2128 Micromobility devices, motorized scooters, and
374 miniature motorcycles; requirements.—
375 (7) A local government may adopt an ordinance providing

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376 one or more minimum age requirements to operate a motorized
377 scooter or micromobility device and may adopt an ordinance
378 requiring a person who operates a motorized scooter or
379 micromobility device to possess a government-issued photographic
380 identification while operating the motorized scooter or
381 micromobility device.
382 (8) A local government may provide training on the safe
383 operation of motorized scooters and micromobility devices and
384 compliance with the traffic laws of this state that apply to
385 motorized scooters and micromobility devices.
386 Section 8. Section 320.0849, Florida Statutes, is created
387 to read:
388 320.0849 Expectant mother parking permits.—
389 (1)(a) The department or its authorized agents shall, upon
390 application, issue an expectant mother parking permit placard or
391 decal to an expectant mother. The placard or decal is valid for
392 up to 1 year after the date of issuance.
393 (b) The department shall, by rule, provide for the design,
394 size, color, and placement of the expectant mother parking
395 permit placard or decal. The placard or decal must be designed
396 to conspicuously display the expiration date of the permit.
397 (2) An application for an expectant mother parking permit
398 must include, but need not be limited to:
399 (a) Certification provided by a physician licensed under
400 chapter 458 or chapter 459 that the applicant is an expectant

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401 mother.
402 (b) The certifying physician's name and address.
403 (c) The physician's certification number.
404 (d) The following statement in bold letters: "An expectant
405 mother parking permit may be issued only to an expectant mother
406 and is valid for up to 1 year after the date of issuance."
407 (e) The signatures of:
408 1. The certifying physician.
409 2. The applicant.
410 3. The employee of the department processing the
411 application.
412 (3) Notwithstanding any other provision of law, an
413 expectant mother who is issued an expectant mother parking
414 permit under this section may park a motor vehicle in a parking
415 space designated for persons who have disabilities as provided
416 in s. 553.5041.
417 Section 9. Subsection (14) of section 331.3051, Florida
418 Statutes, is amended to read:
419 331.3051 Duties of Space Florida.—Space Florida shall:
420 (14) Partner with the Metropolitan Planning Organization
421 Advisory Council to coordinate and specify how aerospace
422 planning and programming will be part of the state's cooperative
423 transportation planning process.
424 Section 10. Subsections (4), (5), (7), and (8) of section
425 332.004, Florida Statutes, are amended to read:

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426 332.004 Definitions of terms used in ss. 332.003-332.007.—
427 As used in ss. 332.003-332.007, the term:
428 (4) "Airport or aviation development project" or
429 "development project" means any activity associated with the
430 design, construction, purchase, improvement, or repair of a
431 public-use airport or portion thereof, including, but not
432 limited to: the purchase of equipment; the acquisition of land,
433 including land required as a condition of a federal, state, or
434 local permit or agreement for environmental mitigation; off-
435 airport noise mitigation projects; the removal, lowering,
436 relocation, marking, and lighting of airport hazards; the
437 installation of navigation aids used by aircraft in landing at
438 or taking off from a public-use public airport; the installation
439 of safety equipment required by rule or regulation for
440 certification of the airport under s. 612 of the Federal
441 Aviation Act of 1958, and amendments thereto; and the
442 improvement of access to the airport by road or rail system
443 which is on airport property and which is consistent, to the
444 maximum extent feasible, with the approved local government
445 comprehensive plan of the units of local government in which the
446 airport is located.
447 (5) "Airport or aviation discretionary capacity
448 improvement projects" or "discretionary capacity improvement
449 projects" means capacity improvements which are consistent, to
450 the maximum extent feasible, with the approved local government

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451 comprehensive plans of the units of local government in which
452 the public-use airport is located, and which enhance
453 intercontinental capacity at airports which:
454 (a) Are international airports with United States Bureau
455 of Customs and Border Protection;
456 (b) Had one or more regularly scheduled intercontinental
457 flights during the previous calendar year or have an agreement
458 in writing for installation of one or more regularly scheduled
459 intercontinental flights upon the commitment of funds for
460 stipulated airport capital improvements; and
461 (c) Have available or planned public ground transportation
462 between the airport and other major transportation facilities.
463 (7) "Eligible agency" means a political subdivision of the
464 state or an authority or a public-private partnership through a
465 lease or agreement under s. 255.065 with a political subdivision
466 of the state or an authority which owns or seeks to develop a
467 public-use airport.
468 (8) "Federal aid" means funds made available from the
469 Federal Government for the accomplishment of public-use airport
470 or aviation development projects.
471 Section 11. Subsections (4) and (8) of section 332.006,
472 Florida Statutes, are amended to read:
473 332.006 Duties and responsibilities of the Department of
474 Transportation.—The Department of Transportation shall, within
475 the resources provided pursuant to chapter 216:

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476 (4) Upon request, provide financial and technical
477 assistance to public agencies which own operate public-use
478 airports by making department personnel and department-owned
479 facilities and equipment available on a cost-reimbursement basis
480 to such agencies for special needs of limited duration. The
481 requirement relating to reimbursement of personnel costs may be
482 waived by the department in those cases in which the assistance
483 provided by its personnel was of a limited nature or duration.
484 (8) Encourage the maximum allocation of federal funds to
485 local public-use airport projects in this state.
486 Section 12. Paragraphs (a) and (c) of subsection (4),
487 subsection (6), paragraphs (a) and (d) of subsection (7), and
488 subsections (8) and (10) of section 332.007, Florida Statutes,
489 are amended, and subsection (11) is added to that section, to
490 read:
491 332.007 Administration and financing of aviation and
492 airport programs and projects; state plan.—
493 (4)(a) The annual legislative budget request for aviation
494 and airport development projects shall be based on the funding
495 required for development projects in the aviation and airport
496 work program. The department shall provide priority funding in
497 support of the planning, design, and construction of proposed
498 projects by local sponsors of public-use airports, with special
499 emphasis on projects for runways and taxiways, including the
500 painting and marking of runways and taxiways, lighting, other

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501 related airside activities, and airport access transportation
502 facility projects on airport property.
503 (c) A No single public-use airport may not shall secure
504 airport or aviation development project funds in excess of 25
505 percent of the total airport or aviation development project
506 funds available in any given budget year. However, any public-
507 use airport which receives discretionary capacity improvement
508 project funds in a given fiscal year shall not receive greater
509 than 10 percent of total aviation and airport development
510 project funds appropriated in that fiscal year.
511 (6) Subject to the availability of appropriated funds, the
512 department may participate in the capital cost of eligible
513 public-use public airport and aviation development projects in
514 accordance with the following rates, unless otherwise provided
515 in the General Appropriations Act or the substantive bill
516 implementing the General Appropriations Act:
517 (a) The department may fund up to 50 percent of the
518 portion of eligible project costs which are not funded by the
519 Federal Government, except that the department may initially
520 fund up to 75 percent of the cost of land acquisition for a new
521 airport or for the expansion of an existing public-use airport
522 which is owned and operated by a municipality, a county, or an
523 authority, and shall be reimbursed to the normal statutory
524 project share when federal funds become available or within 10
525 years after the date of acquisition, whichever is earlier. Due

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526 to federal budgeting constraints, the department may also
527 initially fund the federal portion of eligible project costs
528 subject to:
529 1. The department receiving adequate assurance from the
530 Federal Government or local sponsor that this amount will be
531 reimbursed to the department; and
532 2. The department having adequate funds in the work
533 program to fund the project.
534
535 Such projects must be contained in the Federal Government's
536 Airport Capital Improvement Program, and the Federal Government
537 must fund, or have funded, the first year of the project.
538 (b) The department may retroactively reimburse cities,
539 counties, or airport authorities up to 50 percent of the
540 nonfederal share for land acquisition when such land is needed
541 for airport safety, expansion, tall structure control, clear
542 zone protection, or noise impact reduction. No land purchased
543 prior to July 1, 1990, or purchased prior to executing the
544 required department agreements shall be eligible for
545 reimbursement.
546 (c) When federal funds are not available, the department
547 may fund up to 80 percent of master planning and eligible
548 aviation development projects at public-use airports that are
549 publicly owned, publicly operated airports. If federal funds are
550 available, the department may fund up to 80 percent of the

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551 nonfederal share of such projects. Such funding is limited to
552 general aviation airports, or commercial service airports that
553 have fewer than 100,000 passenger boardings per year as
554 determined by the Federal Aviation Administration.
555 (d) The department is authorized to fund up to 100 percent
556 of the cost of an eligible project that is statewide in scope or
557 that involves more than one county where no other governmental
558 entity or appropriate jurisdiction exists.
559 (7) Subject to the availability of appropriated funds in
560 addition to aviation fuel tax revenues, the department may
561 participate in the capital cost of eligible public airport and
562 aviation discretionary capacity improvement projects. The annual
563 legislative budget request shall be based on the funding
564 required for discretionary capacity improvement projects in the
565 aviation and airport work program.
566 (a) The department shall provide priority funding in
567 support of:
568 1. Land acquisition which provides additional capacity at
569 the qualifying international airport or at that airport's
570 supplemental air carrier airport.
571 2. Runway and taxiway projects that add capacity or are
572 necessary to accommodate technological changes in the aviation
573 industry.
574 3. Public-use airport access transportation projects that
575 improve direct airport access and are approved by the airport

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576 sponsor.
577 4. International terminal projects that increase
578 international gate capacity.
579 (d) The department may fund up to 50 percent of the
580 portion of eligible project costs which are not funded by the
581 Federal Government except that the department may initially fund
582 up to 75 percent of the cost of land acquisition for a new
583 public-use airport or for the expansion of an existing public-
584 use airport which is owned and operated by a municipality, a
585 county, or an authority, and shall be reimbursed to the normal
586 statutory project share when federal funds become available or
587 within 10 years after the date of acquisition, whichever is
588 earlier.
589 (8) The department may also fund eligible projects
590 performed by not-for-profit organizations that represent a
591 majority of public airports in this state. Eligible projects may
592 include activities associated with aviation master planning,
593 professional education, safety and security planning, enhancing
594 economic development and efficiency at airports in this state,
595 or other planning efforts to improve the viability of public-use
596 airports in this state.
597 (10) Subject to the availability of appropriated funds,
598 and unless otherwise provided in the General Appropriations Act
599 or the substantive bill implementing the General Appropriations
600 Act, the department may fund up to 100 percent of eligible

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601 project costs of all of the following at a publicly owned
602 public-use, publicly operated airport located in a rural
603 community as defined in s. 288.0656 which does not have any
604 scheduled commercial service:
605 (a) The capital cost of runway and taxiway projects that
606 add capacity. Such projects must be prioritized based on the
607 amount of available nonstate matching funds.
608 (b) Economic development transportation projects pursuant
609 to s. 339.2821.
610 (11) Notwithstanding any other provision of law, a
611 municipality, a county, or an authority that owns a public-use
612 airport may participate in the Airport Investment Partnership
613 Program under the Federal Aviation Administration by contracting
614 with a private partner to operate the public-use airport under
615 lease or agreement. Subject to the availability of appropriated
616 funds from aviation fuel tax revenues, the department may
617 provide for improvements under this section to a municipality, a
618 county, or an authority that has a private partner under the
619 Airport Investment Partnership Program for the capital cost of a
620 discretionary improvement project at a public-use airport.
621
622 Any remaining funds must be allocated for projects specified in
623 subsection (6).
624 Section 13. Subsection (6) of section 334.044, Florida
625 Statutes, is amended to read:

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626 334.044 Powers and duties of the department.—The
627 department shall have the following general powers and duties:
628 (6) To acquire, by the exercise of the power of eminent
629 domain as provided by law, all property or property rights,
630 whether public or private, which it may determine are necessary
631 to the performance of its duties and the execution of its
632 powers, including advance purchase of property or property
633 rights to preserve a corridor for future proposed improvements.
634 Section 14. Subsections (1) and (3) of section 334.065,
635 Florida Statutes, are amended to read:
636 334.065 Center for Urban Transportation Research.—
637 (1) There is established within at the University of South
638 Florida the Florida Center for Urban Transportation Research, to
639 be administered by the Board of Governors of the State
640 University System. The responsibilities of the center include,
641 but are not limited to, conducting and facilitating research on
642 issues related to urban transportation problems in this state
643 and serving as an information exchange and depository for the
644 most current information pertaining to urban transportation and
645 related issues.
646 (3) An advisory board shall be created to periodically and
647 objectively review and advise the center concerning its research
648 program. Except for projects mandated by law, state-funded base
649 projects shall not be undertaken without approval of the
650 advisory board. The membership of the board shall consist of

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651 nine experts in transportation-related areas, as follows:
652 (a) A member appointed by the President of the Senate.
653 (b) A member appointed by the Speaker of the House of
654 Representatives.
655 (c) The Secretary of Transportation or his or her
656 designee.
657 (d) The Secretary of Commerce or his or her designee.
658 including the secretaries of the Department of Transportation,
659 the Department of Environmental Protection, and the Department
660 of Commerce, or their designees, and
661 (e) A member of the Florida Transportation Commission.
662 (f) Four members nominated by the University of South
663 Florida's College of Engineering and approved by the
664 university's president The nomination of the remaining members
665 of the board shall be made to the President of the University of
666 South Florida by the College of Engineering at the University of
667 South Florida, and the appointment of these members must be
668 reviewed and approved by the Florida Transportation Commission
669 and confirmed by the Board of Governors.
670 Section 15. Section 334.63, Florida Statutes, is created
671 to read:
672 334.63 Project concept studies; project development and
673 environmental studies.—
674 (1) All project concept studies and project development
675 and environmental studies for capacity improvement projects on

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676 limited-access facilities must include the evaluation of
677 alternatives that provide transportation capacity using elevated
678 roadways above existing lanes.
679 (2) All project development and environmental studies for
680 new alignment projects and new capacity improvement projects
681 must be completed, to the maximum extent possible, within 18
682 months after commencement.
683 Section 16. Subsections (4), (7), and (15) of section
684 337.11, Florida Statutes, are amended to read:
685 337.11 Contracting authority of department; bids;
686 emergency repairs, supplemental agreements, and change orders;
687 combined design and construction contracts; progress payments;
688 records; requirements of vehicle registration.—
689 (4)(a) The department may award the proposed construction
690 and maintenance work to the lowest responsible bidder, or in the
691 instance of a time-plus-money contract, the lowest evaluated
692 responsible bidder, or it may reject all bids and proceed to
693 rebid the work in accordance with subsection (2) or otherwise
694 perform the work.
695 (b)1. Notwithstanding any other provision of law to the
696 contrary, if the department receives bids outside the award
697 criteria provided by the department, the department must arrange
698 an in-person meeting with the lowest responsive and responsible
699 bidder to ascertain reasons for the bids being over the
700 department's estimate. The department may subsequently award the

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701 contract to the lowest responsive and responsible bidder, may
702 reject all bids and proceed to rebid the work, or may invite all
703 responsive and responsible bidders to provide best and final
704 offers without filing a protest or posting a bond under
705 paragraph (5)(a). If the department thereafter awards the
706 contract, the award must be to the bidder that provides the best
707 and final offer.
708 2. If the department intends to reject all bids on a
709 project after announcing but before posting official notice of
710 its intent to reject all bids, the department must provide to
711 the lowest responsive and responsible bidder the opportunity to
712 negotiate the scope of work with the corresponding reduction in
713 price, as provided in the bid, to provide a best and final offer
714 without filing a protest or posting a bond under paragraph
715 (5)(a). Upon reaching a decision regarding such bidder's best
716 and final offer, the department must post notice of final agency
717 action to either reject all bids or accept the best and final
718 offer.
719 3. This subsection does not prohibit the filing of a
720 protest by any bidder or alter the deadlines in s. 120.57.
721 4. Notwithstanding ss. 120.57(3)(c) and 287.057(25), upon
722 receipt of a timely filed formal written protest, the department
723 may continue with the process provided for in this subsection
724 but may not take final agency action as to the lowest responsive
725 and responsible bidder, except as part of the department's final

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726 agency action in the protest or if the protesting party
727 dismisses the protest.
728 (7)(a) If the department determines that it is in the best
729 interests of the public, the department may combine the design
730 and construction phases of a project into a single contract.
731 Such contract is referred to as a design-build contract. For
732 design-build contracts, the department must receive at least
733 three letters of interest, and the department shall request
734 proposals from no fewer than three of the design-build firms
735 submitting such letters of interest. If a design-build firm
736 withdraws from consideration after the department requests
737 proposals, the department may continue if at least two proposals
738 are received.
739 (b) If the department determines that it is in the best
740 interests of the public, the department may combine the design
741 and construction phases of a project fully funded in the work
742 program into a single contract and select the design-build firm
743 in the early stages of a project to ensure that the design-build
744 firm is part of the collaboration and development of the design
745 as part of a step-by-step progression through construction. Such
746 a contract is referred to as a phased design-build contract. For
747 phased design-build contracts, selection and award must include
748 a two-phase process. For phase one, the department shall
749 competitively award the contract to a design-build firm based
750 upon qualifications, provided that the department has received

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751 at least three statements of qualifications from qualified
752 design-build firms. If the department elects, during phase one,
753 to enter into contracts with more than one design-build firm
754 based on qualifications, the department shall competitively
755 award the contract for phase two to a single design-build firm.
756 For phase two, the design-build firm may independently perform
757 portions of the work and shall competitively bid construction
758 trade subcontractor packages and, based upon the design-build
759 firm's estimates of its independently performed work and these
760 bids, negotiate with the department a fixed firm price or
761 guaranteed maximum price that meets the project budget and scope
762 as advertised in the request for qualifications.
763 (c) Design-build contracts and phased design-build
764 contracts may be advertised and awarded notwithstanding the
765 requirements of paragraph (3)(c). However, construction
766 activities may not begin on any portion of such projects for
767 which the department has not yet obtained title to the necessary
768 rights-of-way and easements for the construction of that portion
769 of the project has vested in the state or a local governmental
770 entity and all railroad crossing and utility agreements have
771 been executed. Title to rights-of-way shall be deemed to have
772 vested in the state when the title has been dedicated to the
773 public or acquired by prescription.
774 (c)(d) The department shall adopt by rule procedures for
775 administering design-build and phased design-build contracts.

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776 Such procedures shall include, but not be limited to:
777 1. Prequalification requirements.
778 2. Public announcement procedures.
779 3. Scope of service requirements.
780 4. Letters of interest requirements.
781 5. Short-listing criteria and procedures.
782 6. Bid proposal requirements.
783 7. Technical review committee.
784 8. Selection and award processes.
785 9. Stipend requirements.
786 (d)(e) For design-build contracts and phased design-build
787 contracts, the department must receive at least three letters of
788 interest, and in order to proceed with a request for proposals.
789 the department shall request proposals from no fewer than three
790 of the design-build firms submitting such letters of interest.
791 If a design-build firm withdraws from consideration after the
792 department requests proposals, the department may continue if at
793 least two proposals are received.
794 (15) Each contract let by the department for performance
795 of bridge construction or maintenance on over navigable waters
796 must contain a provision requiring marine general liability
797 insurance, including protection and indemnity coverage, in an
798 amount to be determined by the department, which covers third-
799 party personal injury and property damage caused by vessels used
800 by the contractor in the performance of the work. Protection and

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801 indemnity coverage may be covered by endorsement on the marine
802 general liability insurance policy or may be a separate policy.
803 Section 17. Subsection (3) is added to section 337.1101,
804 Florida Statutes, to read:
805 337.1101 Contracting and procurement authority of the
806 department; settlements; notification required.—
807 (3) The department may not, through a settlement of a
808 protest filed in accordance with s. 120.57(3) of the award of a
809 contract being procured pursuant to s. 337.11 or related to the
810 purchase of personal property or contractual services being
811 procured pursuant to s. 287.057, create a new contract unless
812 the new contract is competitively procured.
813 Section 18. Subsections (1), (2), and (8) of section
814 337.14, Florida Statutes, are amended to read:
815 337.14 Application for qualification; certificate of
816 qualification; restrictions; request for hearing.—
817 (1)(a) A Any contractor desiring to bid for the
818 performance of a any construction contract in excess of $250,000
819 which the department proposes to let must first be certified by
820 the department as qualified pursuant to this section and rules
821 of the department. The rules of the department must address the
822 qualification of contractors to bid on construction contracts in
823 excess of $250,000 and must include requirements with respect to
824 the equipment, past record, experience, financial resources, and
825 organizational personnel of the applying contractor which are

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826 necessary to perform the specific class of work for which the
827 contractor seeks certification.
828 (b) A Any contractor who desires to bid on contracts in
829 excess of $50 million and who is not qualified and in good
830 standing with the department as of January 1, 2019, must first
831 be certified by the department as qualified and must have
832 satisfactorily completed two projects, each in excess of $15
833 million, for the department or for any other state department of
834 transportation.
835 (c) The department may limit the dollar amount of any
836 contract upon which a contractor is qualified to bid or the
837 aggregate total dollar volume of contracts such contractor is
838 allowed to have under contract at any one time.
839 (d)1. Each applying contractor seeking qualification to
840 bid on construction contracts in excess of $250,000 shall
841 furnish the department a statement under oath, on such forms as
842 the department may prescribe, setting forth detailed information
843 as required on the application.
844 2. Each application for certification must be accompanied
845 by audited, certified financial statements prepared in
846 accordance with generally accepted accounting principles and
847 auditing standards by a certified public accountant licensed in
848 this state or another state. The audited, certified financial
849 statements must be for the applying contractor and must have
850 been prepared within the immediately preceding 12 months.

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851 3. The department may not consider any financial
852 information of the parent entity of the applying contractor, if
853 any.
854 4. The department may not certify as qualified any
855 applying contractor who fails to submit the audited, certified
856 financial statements required by this subsection.
857 5. If the application or the annual financial statement
858 shows the financial condition of the applying contractor more
859 than 4 months before the date on which the application is
860 received by the department, the applicant must also submit
861 interim audited, certified financial statements prepared in
862 accordance with generally accepted accounting principles and
863 auditing standards by a certified public accountant licensed in
864 this state or another state. The interim financial statements
865 must cover the period from the end date of the annual statement
866 and must show the financial condition of the applying contractor
867 no more than 4 months before the date that the interim financial
868 statements are received by the department. However, upon the
869 request of the applying contractor, an application and
870 accompanying annual or interim financial statement received by
871 the department within 15 days after either 4-month period under
872 this subsection shall be considered timely.
873 6. An applying contractor desiring to bid exclusively for
874 the performance of construction contracts with proposed budget
875 estimates of less than $2 million may submit reviewed annual or

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876 reviewed interim financial statements prepared by a certified
877 public accountant.
878 (e) The information required by this subsection is
879 confidential and exempt from s. 119.07(1).
880 (f) The department shall act upon the application for
881 qualification within 30 days after the department determines
882 that the application is complete.
883 (g) The department may waive the requirements of this
884 subsection for:
885 1. A project with a diverse set of scopes of construction
886 work that may be performed under the project, typically referred
887 to as a "push-button contract" or a "task work order contract,"
888 which has a contract price of $1 million or less; or
889 2. A project that has projects having a contract price of
890 $500,000 or less if the department determines that the project
891 is of a noncritical nature and the waiver will not endanger
892 public health, safety, or property.
893 (2) Certification shall be necessary in order to bid on a
894 road, bridge, or public transportation construction contract of
895 more than $250,000. However, the successful bidder on any
896 construction contract must furnish a contract bond before prior
897 to the award of the contract. The department may waive the
898 requirement for all or a portion of a contract bond for
899 contracts of $250,000 $150,000 or less under s. 337.18(1).
900 (8) This section does not apply to maintenance contracts.

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901 Notwithstanding any other provision of law, a contractor seeking
902 to bid on a maintenance contract for which the majority of the
903 work includes repair and replacement of safety appurtenances,
904 including, but not limited to, guardrails, attenuators, traffic
905 signals, and striping, must possess the prescribed
906 qualifications, equipment, past record, and experience required
907 to perform such work.
908 Section 19. Subsections (4) and (5) of section 337.185,
909 Florida Statutes, are amended to read:
910 337.185 State Arbitration Board.—
911 (4) The contractor may submit a claim greater than
912 $250,000 up to $1 million per contract or, upon agreement of the
913 parties, greater than up to $2 million per contract to be
914 arbitrated by the board. An award issued by the board pursuant
915 to this subsection is final if a request for a trial de novo is
916 not filed within the time provided by Rule 1.830, Florida Rules
917 of Civil Procedure. At the trial de novo, the court may not
918 admit evidence that there has been an arbitration proceeding,
919 the nature or amount of the award, or any other matter
920 concerning the conduct of the arbitration proceeding, except
921 that sworn testimony given in connection with at an arbitration
922 hearing may be used for any purpose otherwise permitted by the
923 Florida Evidence Code. If a request for trial de novo is not
924 filed within the time provided, the award issued by the board is
925 final and enforceable by a court of law.

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926 (5) An arbitration request may not be made to the board
927 before final acceptance but must be made to the board:
928 (a) Within 820 days after final acceptance; or
929 (b) Within 360 days after written notice by the department
930 of a claim related to a written warranty or defect after final
931 acceptance.
932 Section 20. Subsection (2) of section 337.19, Florida
933 Statutes, is amended to read:
934 337.19 Suits by and against department; limitation of
935 actions; forum.—
936 (2) Suits by and against the department under this section
937 shall be commenced within 820 days after of the final acceptance
938 of the work or within 360 days after written notice by the
939 department of a claim related to a written warranty or defect
940 after final acceptance. This section shall apply to all
941 contracts entered into after June 30, 1993.
942 Section 21. Subsections (3) through (9) of section
943 337.401, Florida Statutes, are renumbered as subsections (4)
944 through (10), respectively, subsections (1) and (2), paragraphs
945 (a), (c), and (g) of present subsection (3), present subsection
946 (5), paragraph (e) of present subsection (6), and paragraphs (d)
947 and (n) of present subsection (7) are amended, and a new
948 subsection (3) is added to that section, to read:
949 337.401 Use of right-of-way for utilities subject to
950 regulation; permit; fees.—

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951 (1)(a) The department and local governmental entities,
952 referred to in this section and in ss. 337.402-337.404 as the
953 "authority," that have jurisdiction and control of public roads
954 or publicly owned rail corridors are authorized to prescribe and
955 enforce reasonable rules or regulations with reference to the
956 placing and maintaining across, on, or within the right-of-way
957 limits of any road or publicly owned rail corridors under their
958 respective jurisdictions any electric transmission, voice,
959 telegraph, data, or other communications services lines or
960 wireless facilities; pole lines; poles; railways; ditches;
961 sewers; water, heat, or gas mains; pipelines; fences; gasoline
962 tanks and pumps; or other structures referred to in this section
963 and in ss. 337.402-337.404 as the "utility." The department may
964 enter into a permit-delegation agreement with a governmental
965 entity if issuance of a permit is based on requirements that the
966 department finds will ensure the safety and integrity of
967 facilities of the Department of Transportation; however, the
968 permit-delegation agreement does not apply to facilities of
969 electric utilities as defined in s. 366.02(4).
970 (b) For aerial and underground electric utility
971 transmission lines designed to operate at 69 or more kilovolts
972 which that are needed to accommodate the additional electrical
973 transfer capacity on the transmission grid resulting from new
974 base-load generating facilities, the department's rules shall
975 provide for placement of and access to such transmission lines

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976 adjacent to and within the right-of-way of any department-
977 controlled public roads, including longitudinally within limited
978 access facilities where there is no other practicable
979 alternative available, to the greatest extent allowed by federal
980 law, if compliance with the standards established by such rules
981 is achieved. Without limiting or conditioning the department's
982 jurisdiction or authority described in paragraph (a), with
983 respect to limited access right-of-way, such rules may include,
984 but need not be limited to, that the use of the right-of-way for
985 longitudinal placement of electric utility transmission lines is
986 reasonable based upon a consideration of economic and
987 environmental factors, including, without limitation, other
988 practicable alternative alignments, utility corridors and
989 easements, impacts on adjacent property owners, and minimum
990 clear zones and other safety standards, and further provide that
991 placement of the electric utility transmission lines within the
992 department's right-of-way does not interfere with operational
993 requirements of the transportation facility or planned or
994 potential future expansion of such transportation facility. If
995 the department approves longitudinal placement of electric
996 utility transmission lines in limited access facilities,
997 compensation for the use of the right-of-way is required. Such
998 consideration or compensation paid by the electric utility owner
999 in connection with the department's issuance of a permit does
1000 not create any property right in the department's property

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1001 regardless of the amount of consideration paid or the
1002 improvements constructed on the property by the utility owner.
1003 Upon notice by the department that the property is needed for
1004 expansion or improvement of the transportation facility, the
1005 electric utility transmission line will be removed or relocated
1006 at the utility owner's electric utility's sole expense. The
1007 electric utility owner shall pay to the department reasonable
1008 damages resulting from the utility owner's utility's failure or
1009 refusal to timely remove or relocate its transmission lines. The
1010 rules to be adopted by the department may also address the
1011 compensation methodology and removal or relocation. As used in
1012 this subsection, the term "base-load generating facilities"
1013 means electric power plants that are certified under part II of
1014 chapter 403.
1015 (c) An entity that places, replaces, or relocates
1016 underground utilities within a right-of-way must make such
1017 underground utilities electronically detectable using techniques
1018 approved by the department.
1019 (2) The authority may grant to any person who is a
1020 resident of this state, or to any corporation that which is
1021 organized under the laws of this state or licensed to do
1022 business within this state, the use of a right-of-way for the
1023 utility in accordance with such rules or regulations as the
1024 authority may adopt. A utility may not be installed, located, or
1025 relocated unless authorized by a written permit issued by the

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1026 authority. However, for public roads or publicly owned rail
1027 corridors under the jurisdiction of the department, a utility
1028 relocation schedule and relocation agreement may be executed in
1029 lieu of a written permit. The permit or relocation agreement
1030 must require the permitholder or party to the agreement to be
1031 responsible for any damage resulting from the work required. The
1032 owner of an electric utility as defined in s. 366.02, the owner
1033 of a natural gas utility as defined in s. 366.04(3), or the
1034 owner of a water or wastewater utility shall pay to the
1035 authority actual damages resulting from a failure or refusal to
1036 timely remove or relocate a utility. Issuance of permits for new
1037 placement of utilities within the authority's rights-of-way may
1038 be subject to payment of actual costs incurred by the authority
1039 due to the failure of the utility owner to timely relocate
1040 utilities pursuant to an approved utility work schedule or for
1041 damage done to existing infrastructure by the utility owner
1042 issuance of such permit. The authority may initiate injunctive
1043 proceedings as provided in s. 120.69 to enforce provisions of
1044 this subsection or any rule or order issued or entered into
1045 pursuant thereto. A permit application required under this
1046 subsection by a county or municipality having jurisdiction and
1047 control of the right-of-way of any public road must be processed
1048 and acted upon in accordance with the timeframes provided in
1049 subparagraphs (8)(d)7., 8., and 9. (7)(d)7., 8., and 9.
1050 (3)(a) As used in this section, the term "as-built plans"

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1051 means plans that depict the actual location, depth, and physical
1052 configuration of utilities placed within a right-of-way at a
1053 location which crosses a navigable waterway or deeper than 10
1054 feet beneath the proposed ground surface.
1055 (b) The authority and utility owner shall agree in writing
1056 to an approved level of detail of as-built plans.
1057 (c) The utility owner shall submit as-built plans within
1058 20 business days after completion of the utility work which show
1059 actual final surface and subsurface utilities, including
1060 location alignment profile, depth, and geodetic datum of each
1061 structure. Such plans must be provided in an electronic format
1062 compatible with department software and meet technical
1063 specifications provided by the department or in an electronic
1064 format determined by the utility industry to be in accordance
1065 with industry standards. The department may by written agreement
1066 make exceptions to the electronic format requirement.
1067 (d) As-built plans must be submitted before any costs may
1068 be reimbursed by the authority under subsection (2).
1069 (4)(3)(a) Because of the unique circumstances applicable
1070 to providers of communications services, including, but not
1071 limited to, the circumstances described in paragraph (e) and the
1072 fact that federal and state law require the nondiscriminatory
1073 treatment of providers of telecommunications services, and
1074 because of the desire to promote competition among providers of
1075 communications services, it is the intent of the Legislature

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1076 that municipalities and counties treat providers of
1077 communications services in a nondiscriminatory and competitively
1078 neutral manner when imposing rules or regulations governing the
1079 placement or maintenance of communications facilities in the
1080 public roads or rights-of-way. Rules or regulations imposed by a
1081 municipality or county relating to providers of communications
1082 services placing or maintaining communications facilities in its
1083 roads or rights-of-way must be generally applicable to all
1084 providers of communications services, taking into account the
1085 distinct engineering, construction, operation, maintenance,
1086 public works, and safety requirements of the provider's
1087 facilities, and, notwithstanding any other law, may not require
1088 a provider of communications services to apply for or enter into
1089 an individual license, franchise, or other agreement with the
1090 municipality or county as a condition of placing or maintaining
1091 communications facilities in its roads or rights-of-way. In
1092 addition to other reasonable rules or regulations that a
1093 municipality or county may adopt relating to the placement or
1094 maintenance of communications facilities in its roads or rights-
1095 of-way under this subsection or subsection (8) (7), a
1096 municipality or county may require a provider of communications
1097 services that places or seeks to place facilities in its roads
1098 or rights-of-way to register with the municipality or county. To
1099 register, a provider of communications services may be required
1100 only to provide its name; the name, address, and telephone

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1101 number of a contact person for the registrant; the number of the
1102 registrant's current certificate of authorization issued by the
1103 Florida Public Service Commission, the Federal Communications
1104 Commission, or the Department of State; a statement of whether
1105 the registrant is a pass-through provider as defined in
1106 subparagraph (7)(a)1. (6)(a)1.; the registrant's federal
1107 employer identification number; and any required proof of
1108 insurance or self-insuring status adequate to defend and cover
1109 claims. A municipality or county may not require a registrant to
1110 renew a registration more frequently than every 5 years but may
1111 require during this period that a registrant update the
1112 registration information provided under this subsection within
1113 90 days after a change in such information. A municipality or
1114 county may not require the registrant to provide an inventory of
1115 communications facilities, maps, locations of such facilities,
1116 or other information by a registrant as a condition of
1117 registration, renewal, or for any other purpose; provided,
1118 however, that a municipality or county may require as part of a
1119 permit application that the applicant identify at-grade
1120 communications facilities within 50 feet of the proposed
1121 installation location for the placement of at-grade
1122 communications facilities. A municipality or county may not
1123 require a provider to pay any fee, cost, or other charge for
1124 registration or renewal thereof. It is the intent of the
1125 Legislature that the placement, operation, maintenance,

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1126 upgrading, and extension of communications facilities not be
1127 unreasonably interrupted or delayed through the permitting or
1128 other local regulatory process. Except as provided in this
1129 chapter or otherwise expressly authorized by chapter 202,
1130 chapter 364, or chapter 610, a municipality or county may not
1131 adopt or enforce any ordinance, regulation, or requirement as to
1132 the placement or operation of communications facilities in a
1133 right-of-way by a communications services provider authorized by
1134 state or local law to operate in a right-of-way; regulate any
1135 communications services; or impose or collect any tax, fee,
1136 cost, charge, or exaction for the provision of communications
1137 services over the communications services provider's
1138 communications facilities in a right-of-way.
1139 (c) Any municipality or county that, as of January 1,
1140 2019, elected to require permit fees from any provider of
1141 communications services that uses or occupies municipal or
1142 county roads or rights-of-way pursuant to former paragraph (c)
1143 or former paragraph (j), Florida Statutes 2018, may continue to
1144 require and collect such fees. A municipality or county that
1145 elected as of January 1, 2019, to require permit fees may elect
1146 to forego such fees as provided herein. A municipality or county
1147 that elected as of January 1, 2019, not to require permit fees
1148 may not elect to impose permit fees. All fees authorized under
1149 this paragraph must be reasonable and commensurate with the
1150 direct and actual cost of the regulatory activity, including

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1151 issuing and processing permits, plan reviews, physical
1152 inspection, and direct administrative costs; must be
1153 demonstrable; and must be equitable among users of the roads or
1154 rights-of-way. A fee authorized under this paragraph may not be
1155 offset against the tax imposed under chapter 202; include the
1156 costs of roads or rights-of-way acquisition or roads or rights-
1157 of-way rental; include any general administrative, management,
1158 or maintenance costs of the roads or rights-of-way; or be based
1159 on a percentage of the value or costs associated with the work
1160 to be performed on the roads or rights-of-way. In an action to
1161 recover amounts due for a fee not authorized under this
1162 paragraph, the prevailing party may recover court costs and
1163 attorney fees at trial and on appeal. In addition to the
1164 limitations set forth in this section, a fee levied by a
1165 municipality or charter county under this paragraph may not
1166 exceed $100. However, permit fees may not be imposed with
1167 respect to permits that may be required for service drop lines
1168 not required to be noticed under s. 556.108(5) or for any
1169 activity that does not require the physical disturbance of the
1170 roads or rights-of-way or does not impair access to or full use
1171 of the roads or rights-of-way, including, but not limited to,
1172 the performance of service restoration work on existing
1173 facilities, extensions of such facilities for providing
1174 communications services to customers, and the placement of micro
1175 wireless facilities in accordance with subparagraph (8)(e)3.

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1176 (7)(e)3.
1177 1. If a municipality or charter county elects to not
1178 require permit fees, the total rate for the local communications
1179 services tax as computed under s. 202.20 for that municipality
1180 or charter county may be increased by ordinance or resolution by
1181 an amount not to exceed a rate of 0.12 percent.
1182 2. If a noncharter county elects to not require permit
1183 fees, the total rate for the local communications services tax
1184 as computed under s. 202.20 for that noncharter county may be
1185 increased by ordinance or resolution by an amount not to exceed
1186 a rate of 0.24 percent, to replace the revenue the noncharter
1187 county would otherwise have received from permit fees for
1188 providers of communications services.
1189 (g) A municipality or county may not use its authority
1190 over the placement of facilities in its roads and rights-of-way
1191 as a basis for asserting or exercising regulatory control over a
1192 provider of communications services regarding matters within the
1193 exclusive jurisdiction of the Florida Public Service Commission
1194 or the Federal Communications Commission, including, but not
1195 limited to, the operations, systems, equipment, technology,
1196 qualifications, services, service quality, service territory,
1197 and prices of a provider of communications services. A
1198 municipality or county may not require any permit for the
1199 maintenance, repair, replacement, extension, or upgrade of
1200 existing aerial wireline communications facilities on utility

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1201 poles or for aerial wireline facilities between existing
1202 wireline communications facility attachments on utility poles by
1203 a communications services provider. However, a municipality or
1204 county may require a right-of-way permit for work that involves
1205 excavation, closure of a sidewalk, or closure of a vehicular
1206 lane or parking lane, unless the provider is performing service
1207 restoration to existing facilities. A permit application
1208 required by an authority under this section for the placement of
1209 communications facilities must be processed and acted upon
1210 consistent with the timeframes provided in subparagraphs
1211 (8)(d)7., 8., and 9. (7)(d)7., 8., and 9. In addition, a
1212 municipality or county may not require any permit or other
1213 approval, fee, charge, or cost, or other exaction for the
1214 maintenance, repair, replacement, extension, or upgrade of
1215 existing aerial lines or underground communications facilities
1216 located on private property outside of the public rights-of-way.
1217 As used in this section, the term "extension of existing
1218 facilities" includes those extensions from the rights-of-way
1219 into a customer's private property for purposes of placing a
1220 service drop or those extensions from the rights-of-way into a
1221 utility easement to provide service to a discrete identifiable
1222 customer or group of customers.
1223 (6)(5) This section, except subsections (1) and (2) and
1224 paragraph (4)(g) (3)(g), does not apply to the provision of pay
1225 telephone service on public, municipal, or county roads or

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1226 rights-of-way.
1227 (7)(6)
1228 (e) This subsection does not alter any provision of this
1229 section or s. 202.24 relating to taxes, fees, or other charges
1230 or impositions by a municipality or county on a dealer of
1231 communications services or authorize that any charges be
1232 assessed on a dealer of communications services, except as
1233 specifically set forth herein. A municipality or county may not
1234 charge a pass-through provider any amounts other than the
1235 charges under this subsection as a condition to the placement or
1236 maintenance of a communications facility in the roads or rights-
1237 of-way of a municipality or county by a pass-through provider,
1238 except that a municipality or county may impose permit fees on a
1239 pass-through provider consistent with paragraph (4)(c) (3)(c).
1240 (8)(7)
1241 (d) An authority may require a registration process and
1242 permit fees in accordance with subsection (4) (3). An authority
1243 shall accept applications for permits and shall process and
1244 issue permits subject to the following requirements:
1245 1. An authority may not directly or indirectly require an
1246 applicant to perform services unrelated to the collocation for
1247 which approval is sought, such as in-kind contributions to the
1248 authority, including reserving fiber, conduit, or pole space for
1249 the authority.
1250 2. An applicant may not be required to provide more

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1251 information to obtain a permit than is necessary to demonstrate
1252 the applicant's compliance with applicable codes for the
1253 placement of small wireless facilities in the locations
1254 identified in the application. An applicant may not be required
1255 to provide inventories, maps, or locations of communications
1256 facilities in the right-of-way other than as necessary to avoid
1257 interference with other at-grade or aerial facilities located at
1258 the specific location proposed for a small wireless facility or
1259 within 50 feet of such location.
1260 3. An authority may not:
1261 a. Require the placement of small wireless facilities on
1262 any specific utility pole or category of poles;
1263 b. Require the placement of multiple antenna systems on a
1264 single utility pole;
1265 c. Require a demonstration that collocation of a small
1266 wireless facility on an existing structure is not legally or
1267 technically possible as a condition for granting a permit for
1268 the collocation of a small wireless facility on a new utility
1269 pole except as provided in paragraph (i);
1270 d. Require compliance with an authority's provisions
1271 regarding placement of small wireless facilities or a new
1272 utility pole used to support a small wireless facility in
1273 rights-of-way under the control of the department unless the
1274 authority has received a delegation from the department for the
1275 location of the small wireless facility or utility pole, or

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1276 require such compliance as a condition to receive a permit that
1277 is ancillary to the permit for collocation of a small wireless
1278 facility, including an electrical permit;
1279 e. Require a meeting before filing an application;
1280 f. Require direct or indirect public notification or a
1281 public meeting for the placement of communication facilities in
1282 the right-of-way;
1283 g. Limit the size or configuration of a small wireless
1284 facility or any of its components, if the small wireless
1285 facility complies with the size limits in this subsection;
1286 h. Prohibit the installation of a new utility pole used to
1287 support the collocation of a small wireless facility if the
1288 installation otherwise meets the requirements of this
1289 subsection; or
1290 i. Require that any component of a small wireless facility
1291 be placed underground except as provided in paragraph (i).
1292 4. Subject to paragraph (r), an authority may not limit
1293 the placement, by minimum separation distances, of small
1294 wireless facilities, utility poles on which small wireless
1295 facilities are or will be collocated, or other at-grade
1296 communications facilities. However, within 14 days after the
1297 date of filing the application, an authority may request that
1298 the proposed location of a small wireless facility be moved to
1299 another location in the right-of-way and placed on an
1300 alternative authority utility pole or support structure or

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1301 placed on a new utility pole. The authority and the applicant
1302 may negotiate the alternative location, including any objective
1303 design standards and reasonable spacing requirements for ground-
1304 based equipment, for 30 days after the date of the request. At
1305 the conclusion of the negotiation period, if the alternative
1306 location is accepted by the applicant, the applicant must notify
1307 the authority of such acceptance and the application shall be
1308 deemed granted for any new location for which there is agreement
1309 and all other locations in the application. If an agreement is
1310 not reached, the applicant must notify the authority of such
1311 nonagreement and the authority must grant or deny the original
1312 application within 90 days after the date the application was
1313 filed. A request for an alternative location, an acceptance of
1314 an alternative location, or a rejection of an alternative
1315 location must be in writing and provided by electronic mail.
1316 5. An authority shall limit the height of a small wireless
1317 facility to 10 feet above the utility pole or structure upon
1318 which the small wireless facility is to be collocated. Unless
1319 waived by an authority, the height for a new utility pole is
1320 limited to the tallest existing utility pole as of July 1, 2017,
1321 located in the same right-of-way, other than a utility pole for
1322 which a waiver has previously been granted, measured from grade
1323 in place within 500 feet of the proposed location of the small
1324 wireless facility. If there is no utility pole within 500 feet,
1325 the authority shall limit the height of the utility pole to 50

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1326 feet.
1327 6. The installation by a communications services provider
1328 of a utility pole in the public rights-of-way, other than a
1329 utility pole used to support a small wireless facility, is
1330 subject to authority rules or regulations governing the
1331 placement of utility poles in the public rights-of-way.
1332 7. Within 14 days after receiving an application, an
1333 authority must determine and notify the applicant by electronic
1334 mail as to whether the application is complete. If an
1335 application is deemed incomplete, the authority must
1336 specifically identify the missing information. An application is
1337 deemed complete if the authority fails to provide notification
1338 to the applicant within 14 days.
1339 8. An application must be processed on a nondiscriminatory
1340 basis. A complete application is deemed approved if an authority
1341 fails to approve or deny the application within 60 days after
1342 receipt of the application. If an authority does not use the 30-
1343 day negotiation period provided in subparagraph 4., the parties
1344 may mutually agree to extend the 60-day application review
1345 period. The authority shall grant or deny the application at the
1346 end of the extended period. A permit issued pursuant to an
1347 approved application shall remain effective for 1 year unless
1348 extended by the authority.
1349 9. An authority must notify the applicant of approval or
1350 denial by electronic mail. An authority shall approve a complete

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1351 application unless it does not meet the authority's applicable
1352 codes. If the application is denied, the authority must specify
1353 in writing the basis for denial, including the specific code
1354 provisions on which the denial was based, and send the
1355 documentation to the applicant by electronic mail on the day the
1356 authority denies the application. The applicant may cure the
1357 deficiencies identified by the authority and resubmit the
1358 application within 30 days after notice of the denial is sent to
1359 the applicant. The authority shall approve or deny the revised
1360 application within 30 days after receipt or the application is
1361 deemed approved. The review of a revised application is limited
1362 to the deficiencies cited in the denial. If an authority
1363 provides for administrative review of the denial of an
1364 application, the review must be complete and a written decision
1365 issued within 45 days after a written request for review is
1366 made. A denial must identify the specific code provisions on
1367 which the denial is based. If the administrative review is not
1368 complete within 45 days, the authority waives any claim
1369 regarding failure to exhaust administrative remedies in any
1370 judicial review of the denial of an application.
1371 10. An applicant seeking to collocate small wireless
1372 facilities within the jurisdiction of a single authority may, at
1373 the applicant's discretion, file a consolidated application and
1374 receive a single permit for the collocation of up to 30 small
1375 wireless facilities. If the application includes multiple small

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1376 wireless facilities, an authority may separately address small
1377 wireless facility collocations for which incomplete information
1378 has been received or which are denied.
1379 11. An authority may deny an application to collocate a
1380 small wireless facility or place a utility pole used to support
1381 a small wireless facility in the public rights-of-way if the
1382 proposed small wireless facility or utility pole used to support
1383 a small wireless facility:
1384 a. Materially interferes with the safe operation of
1385 traffic control equipment.
1386 b. Materially interferes with sight lines or clear zones
1387 for transportation, pedestrians, or public safety purposes.
1388 c. Materially interferes with compliance with the
1389 Americans with Disabilities Act or similar federal or state
1390 standards regarding pedestrian access or movement.
1391 d. Materially fails to comply with the 2017 edition of the
1392 Florida Department of Transportation Utility Accommodation
1393 Manual.
1394 e. Fails to comply with applicable codes.
1395 f. Fails to comply with objective design standards
1396 authorized under paragraph (r).
1397 12. An authority may adopt by ordinance provisions for
1398 insurance coverage, indemnification, force majeure, abandonment,
1399 authority liability, or authority warranties. Such provisions
1400 must be reasonable and nondiscriminatory. An authority may

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1401 require a construction bond to secure restoration of the
1402 postconstruction rights-of-way to the preconstruction condition.
1403 However, such bond must be time-limited to not more than 18
1404 months after the construction to which the bond applies is
1405 completed. For any financial obligation required by an authority
1406 allowed under this section, the authority shall accept a letter
1407 of credit or similar financial instrument issued by any
1408 financial institution that is authorized to do business within
1409 the United States, provided that a claim against the financial
1410 instrument may be made by electronic means, including by
1411 facsimile. A provider of communications services may add an
1412 authority to any existing bond, insurance policy, or other
1413 relevant financial instrument, and the authority must accept
1414 such proof of coverage without any conditions other than consent
1415 to venue for purposes of any litigation to which the authority
1416 is a party. An authority may not require a communications
1417 services provider to indemnify it for liabilities not caused by
1418 the provider, including liabilities arising from the authority's
1419 negligence, gross negligence, or willful conduct.
1420 13. Collocation of a small wireless facility on an
1421 authority utility pole does not provide the basis for the
1422 imposition of an ad valorem tax on the authority utility pole.
1423 14. An authority may reserve space on authority utility
1424 poles for future public safety uses. However, a reservation of
1425 space may not preclude collocation of a small wireless facility.

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1426 If replacement of the authority utility pole is necessary to
1427 accommodate the collocation of the small wireless facility and
1428 the future public safety use, the pole replacement is subject to
1429 make-ready provisions and the replaced pole shall accommodate
1430 the future public safety use.
1431 15. A structure granted a permit and installed pursuant to
1432 this subsection shall comply with chapter 333 and federal
1433 regulations pertaining to airport airspace protections.
1434 (n) This subsection does not affect provisions relating to
1435 pass-through providers in subsection (7) (6).
1436 Section 22. Subsections (2) and (3) of section 337.403,
1437 Florida Statutes, are renumbered as subsections (4) and (5),
1438 respectively, subsection (1) is amended, and new subsections (2)
1439 and (3) are added to that section, to read:
1440 337.403 Interference caused by utility; expenses.—
1441 (1) If a utility that is placed upon, under, over, or
1442 within the right-of-way limits of any public road or publicly
1443 owned rail corridor is found by the authority to be unreasonably
1444 interfering in any way with the convenient, safe, or continuous
1445 use, or the maintenance, improvement, extension, or expansion,
1446 of such public road or publicly owned rail corridor, the utility
1447 owner shall, upon 30 days' written notice to the utility or its
1448 agent by the authority, initiate the work necessary to alleviate
1449 the interference at its own expense except as provided in
1450 paragraphs (a)-(k) (a)-(j). The work must be completed within

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1451 such reasonable time as stated in the notice or such time as
1452 agreed to by the authority and the utility owner.
1453 (a) If the relocation of utility facilities, as referred
1454 to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
1455 84-627, is necessitated by the construction of a project on the
1456 federal-aid interstate system, including extensions thereof
1457 within urban areas, and the cost of the project is eligible and
1458 approved for reimbursement by the Federal Government to the
1459 extent of 90 percent or more under the Federal-Aid Highway Act,
1460 or any amendment thereof, then in that event the utility owning
1461 or operating such facilities must shall perform any necessary
1462 work upon notice from the department, and the state must shall
1463 pay the entire expense properly attributable to such work after
1464 deducting therefrom any increase in the value of a new facility
1465 and any salvage value derived from an old facility.
1466 (b) The department may, at its discretion, provide an
1467 incentive to the owner of an electric utility as defined in s.
1468 366.02, the owner of a natural gas utility as defined in s.
1469 366.04(3), or the owner of a water or wastewater utility to
1470 facilitate the accelerated completion of utility relocation.
1471 Such incentive must be provided for via a joint agreement
1472 between the department and the utility.
1473 (c)(b) When a joint agreement between the department and
1474 the utility is executed for utility work to be accomplished as
1475 part of a contract for construction of a transportation

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1476 facility, the department may participate in those utility work
1477 costs that exceed the department's official estimate of the cost
1478 of the work by more than 10 percent in addition to the
1479 incentives identified in paragraph (b). The amount of such
1480 participation is limited to the difference between the official
1481 estimate of all the work in the joint agreement plus 10 percent
1482 and the amount awarded for this work in the construction
1483 contract for such work. The department may not participate in
1484 any utility work costs that occur as a result of changes or
1485 additions during the course of the contract.
1486 (d)(c) When an agreement between the department and
1487 utility is executed for utility work to be accomplished in
1488 advance of a contract for construction of a transportation
1489 facility, the department may participate in the cost of clearing
1490 and grubbing necessary to perform such work.
1491 (e)(d) If the utility facility was initially installed to
1492 exclusively serve the authority or its tenants, or both, the
1493 authority must shall bear the costs of the utility work.
1494 However, the authority is not responsible for the cost of
1495 utility work related to any subsequent additions to that
1496 facility for the purpose of serving others. For a county or
1497 municipality, if such utility facility was installed in the
1498 right-of-way as a means to serve a county or municipal facility
1499 on a parcel of property adjacent to the right-of-way and if the
1500 intended use of the county or municipal facility is for a use

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1501 other than transportation purposes, the obligation of the county
1502 or municipality to bear the costs of the utility work extends
1503 shall extend only to utility work on the parcel of property on
1504 which the facility of the county or municipality originally
1505 served by the utility facility is located.
1506 (f)(e) If, under an agreement between a utility owner and
1507 the authority entered into after July 1, 2009, the utility
1508 conveys, subordinates, or relinquishes a compensable property
1509 right to the authority for the purpose of accommodating the
1510 acquisition or use of the right-of-way by the authority, without
1511 the agreement expressly addressing future responsibility for the
1512 cost of necessary utility work, the authority must shall bear
1513 the cost of removal or relocation. This paragraph does not
1514 impair or restrict, and may not be used to interpret, the terms
1515 of any such agreement entered into before July 1, 2009.
1516 (g)(f) If the utility is an electric facility being
1517 relocated underground in order to enhance vehicular, bicycle,
1518 and pedestrian safety and in which ownership of the electric
1519 facility to be placed underground has been transferred from a
1520 private to a public utility within the past 5 years, the
1521 department shall incur all costs of the necessary utility work.
1522 (h)(g) An authority may bear the costs of utility work
1523 required to eliminate an unreasonable interference when the
1524 utility is not able to establish that it has a compensable
1525 property right in the particular property where the utility is

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1526 located if:
1527 1. The utility was physically located on the particular
1528 property before the authority acquired rights in the property;
1529 2. The utility demonstrates that it has a compensable
1530 property right in adjacent properties along the alignment of the
1531 utility or, after due diligence, certifies that the utility does
1532 not have evidence to prove or disprove that it has a compensable
1533 property right in the particular property where the utility is
1534 located; and
1535 3. The information available to the authority does not
1536 establish the relative priorities of the authority's and the
1537 utility's interests in the particular property.
1538 (i)(h) If a municipally owned utility or county-owned
1539 utility is located in a rural area of opportunity, as defined in
1540 s. 288.0656(2), and the department determines that the utility
1541 owner is unable, and will not be able within the next 10 years,
1542 to pay for the cost of utility work necessitated by a department
1543 project on the State Highway System, the department may pay, in
1544 whole or in part, the cost of such utility work performed by the
1545 department or its contractor.
1546 (j)(i) If the relocation of utility facilities is
1547 necessitated by the construction of a commuter rail service
1548 project or an intercity passenger rail service project and the
1549 cost of the project is eligible and approved for reimbursement
1550 by the Federal Government, then in that event the utility owning

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1551 or operating such facilities located by permit on a department-
1552 owned rail corridor must shall perform any necessary utility
1553 relocation work upon notice from the department, and the
1554 department must shall pay the expense properly attributable to
1555 such utility relocation work in the same proportion as federal
1556 funds are expended on the commuter rail service project or an
1557 intercity passenger rail service project after deducting
1558 therefrom any increase in the value of a new facility and any
1559 salvage value derived from an old facility. In no event is shall
1560 the state be required to use state dollars for such utility
1561 relocation work. This paragraph does not apply to any phase of
1562 the Central Florida Commuter Rail project, known as SunRail.
1563 (k)(j) If a utility is lawfully located within an existing
1564 and valid utility easement granted by recorded plat, regardless
1565 of whether such land was subsequently acquired by the authority
1566 by dedication, transfer of fee, or otherwise, the authority must
1567 bear the cost of the utility work required to eliminate an
1568 unreasonable interference. The authority shall pay the entire
1569 expense properly attributable to such work after deducting any
1570 increase in the value of a new facility and any salvage value
1571 derived from an old facility.
1572 (2) Before the notice to initiate the work, the department
1573 and the owner of an electric utility as defined in s. 366.02,
1574 the owner of a natural gas utility as defined in s. 366.04(3),
1575 and the owner of a water or wastewater utility shall follow a

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1576 procedure that includes all of the following:
1577 (a) The department shall provide the utility owner
1578 preliminary plans for the proposed highway improvement project
1579 and notice of a period that begins 30 days and ends within 120
1580 days after receipt of the notice within which the utility owner
1581 shall submit to the department the plans required in accordance
1582 with paragraph (b). The utility owner shall provide to the
1583 department written acknowledgment of receipt of the preliminary
1584 plans.
1585 (b) The utility owner shall submit to the department plans
1586 showing existing and proposed locations of utility facilities
1587 within the period provided by the department. If the utility
1588 owner fails to submit the plans to the department within the
1589 period, the department is not required to participate in the
1590 work, may withhold any amount due to the utility owner on other
1591 projects within the rights-of-way of the same district of the
1592 department, and may withhold issuance of any other permits for
1593 work within the rights-of-way of the same district of the
1594 department.
1595 (c) The plans submitted by the utility owner must include
1596 a utility relocation schedule for approval by the department.
1597 The utility relocation schedule must include a duration and
1598 completion date for the work and must meet form and timeframe
1599 requirements established by department rule.
1600 (d) If a state of emergency is declared by the Governor,

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1601 the utility is entitled to receive an extension to the utility
1602 relocation schedule which is at least equal to any extension
1603 granted to the contractor by the department. The utility owner
1604 shall notify the department of any additional delays associated
1605 with causes beyond the utility owner's control, including, but
1606 not limited to, participation in recovery work under a mutual
1607 aid agreement. The notification must occur within 10 calendar
1608 days after commencement of the delay and provide a reasonably
1609 complete description of the cause and nature of the delay and
1610 the possible impacts to the utility relocation schedule. Within
1611 10 calendar days after the cause of the delay ends, the utility
1612 owner shall submit a revised utility relocation schedule for
1613 approval by the department. The department may not unreasonably
1614 withhold, delay, or condition such approval.
1615 (e) If the utility owner does not initiate work in
1616 accordance with the utility relocation schedule, the department
1617 must provide the utility owner a final notice directing the
1618 utility owner to initiate work within 10 calendar days. If the
1619 utility owner does not begin work within 10 calendar days after
1620 receipt of the final notice or, having so begun work, thereafter
1621 fails to complete the work in accordance with the utility
1622 relocation schedule, the department is not required to
1623 participate in the work, may withhold any amount due to the
1624 utility owner for projects within the rights-of-way of the same
1625 district of the department, and may exercise its right to obtain

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1626 injunctive relief under s. 120.69.
1627 (f) If additional utility work is found necessary after
1628 the letting date of a highway improvement project, the utility
1629 must provide a revised utility relocation schedule within 30
1630 calendar days after becoming aware of the need for such
1631 additional work or upon receipt of the department's written
1632 notification advising of the need for such additional work. The
1633 department shall review the revised utility relocation schedule
1634 for compliance with the form and timeframe requirements of the
1635 department and must approve the revised utility relocation
1636 schedule if such requirements are met.
1637 (g) The utility owner is liable to the department for
1638 documented damages resulting from the utility's failure to
1639 comply with the utility relocation schedule, including any delay
1640 costs incurred by the contractor and approved by the department.
1641 Within 45 days after receipt of written notification from the
1642 department that the utility owner is liable for damages, the
1643 utility owner must pay to the department the amount for which
1644 the utility owner is liable.
1645 Section 23. Subsection (10) of section 339.175, Florida
1646 Statutes, is renumbered as subsection (11), subsection (1),
1647 paragraph (a) of subsection (2), paragraphs (b), (i), and (j) of
1648 subsection (6), paragraphs (a), (b), and (d) of subsection (7),
1649 and present subsection (11) are amended, and a new subsection
1650 (10) is added to that section, to read:

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1651 339.175 Metropolitan planning organization.—
1652 (1) PURPOSE.—It is the intent of the Legislature to
1653 encourage and promote the safe and efficient management,
1654 operation, and development of multimodal surface transportation
1655 systems that will serve the mobility needs of people and freight
1656 and foster economic growth and development within and through
1657 urbanized areas of this state while balancing conservation of
1658 natural resources minimizing transportation-related fuel
1659 consumption, air pollution, and greenhouse gas emissions through
1660 metropolitan transportation planning processes identified in
1661 this section. To accomplish these objectives, metropolitan
1662 planning organizations, referred to in this section as M.P.O.'s,
1663 shall develop, in cooperation with the state and public transit
1664 operators, transportation plans and programs for metropolitan
1665 areas. The plans and programs for each metropolitan area must
1666 provide for the development and integrated management and
1667 operation of transportation systems and facilities, including
1668 pedestrian walkways and bicycle transportation facilities that
1669 will function as an intermodal transportation system for the
1670 metropolitan area, based upon the prevailing principles provided
1671 in s. 334.046(1). The process for developing such plans and
1672 programs shall provide for consideration of all modes of
1673 transportation and shall be continuing, cooperative, and
1674 comprehensive, to the degree appropriate, based on the
1675 complexity of the transportation problems to be addressed. To

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1676 ensure that the process is integrated with the statewide
1677 planning process, M.P.O.'s shall develop plans and programs that
1678 identify transportation facilities that should function as an
1679 integrated metropolitan transportation system, giving emphasis
1680 to facilities that serve important national, state, and regional
1681 transportation functions. For the purposes of this section,
1682 those facilities include the facilities on the Strategic
1683 Intermodal System designated under s. 339.63 and facilities for
1684 which projects have been identified pursuant to s. 339.2819(4).
1685 (2) DESIGNATION.—
1686 (a)1. An M.P.O. shall be designated for each urbanized
1687 area of the state; however, this does not require that an
1688 individual M.P.O. be designated for each such area. Such
1689 designation shall be accomplished by agreement between the
1690 Governor and units of general-purpose local government
1691 representing at least 75 percent of the population of the
1692 urbanized area; however, the unit of general-purpose local
1693 government that represents the central city or cities within the
1694 M.P.O. jurisdiction, as defined by the United States Bureau of
1695 the Census, must be a party to such agreement.
1696 2. To the extent possible, only one M.P.O. shall be
1697 designated for each urbanized area or group of contiguous
1698 urbanized areas. More than one M.P.O. may be designated within
1699 an existing urbanized area only if the Governor and the existing
1700 M.P.O. determine that the size and complexity of the existing

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1701 urbanized area makes the designation of more than one M.P.O. for
1702 the area appropriate. After July 1, 2025, no additional M.P.O.'s
1703 may be designated in this state except in urbanized areas, as
1704 defined by the United States Bureau of the Census, where the
1705 urbanized area boundary is not contiguous to an urbanized area
1706 designated before the 2020 census, in which case each M.P.O.
1707 designated for the area must:
1708 a. Consult with every other M.P.O. designated for the
1709 urbanized area and the state to coordinate plans and
1710 transportation improvement programs.
1711 b. Ensure, to the maximum extent practicable, the
1712 consistency of data used in the planning process, including data
1713 used in forecasting travel demand within the urbanized area.
1714
1715 Each M.P.O. required under this section must be fully operative
1716 no later than 6 months following its designation.
1717 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
1718 privileges, and authority of an M.P.O. are those specified in
1719 this section or incorporated in an interlocal agreement
1720 authorized under s. 163.01. Each M.P.O. shall perform all acts
1721 required by federal or state laws or rules, now and subsequently
1722 applicable, which are necessary to qualify for federal aid. It
1723 is the intent of this section that each M.P.O. be involved in
1724 the planning and programming of transportation facilities,
1725 including, but not limited to, airports, intercity and high-

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1726 speed rail lines, seaports, and intermodal facilities, to the
1727 extent permitted by state or federal law. An M.P.O. may not
1728 perform project production or delivery for capital improvement
1729 projects on the State Highway System.
1730 (b) In developing the long-range transportation plan and
1731 the transportation improvement program required under paragraph
1732 (a), each M.P.O. shall provide for consideration of projects and
1733 strategies that will:
1734 1. Support the economic vitality of the contiguous
1735 urbanized metropolitan area, especially by enabling global
1736 competitiveness, productivity, and efficiency.
1737 2. Increase the safety and security of the transportation
1738 system for motorized and nonmotorized users.
1739 3. Increase the accessibility and mobility options
1740 available to people and for freight.
1741 4. Protect and enhance the environment, conserve natural
1742 resources promote energy conservation, and improve quality of
1743 life.
1744 5. Enhance the integration and connectivity of the
1745 transportation system, across and between modes and contiguous
1746 urbanized metropolitan areas, for people and freight.
1747 6. Promote efficient system management and operation.
1748 7. Emphasize the preservation of the existing
1749 transportation system.
1750 8. Improve the resilience of transportation

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1751 infrastructure.
1752 9. Reduce traffic and congestion.
1753 (i) By December 31, 2023, the M.P.O.'s serving
1754 Hillsborough, Pasco, and Pinellas Counties must submit a
1755 feasibility report to the Governor, the President of the Senate,
1756 and the Speaker of the House of Representatives exploring the
1757 benefits, costs, and process of consolidation into a single
1758 M.P.O. serving the contiguous urbanized area, the goal of which
1759 would be to:
1760 1. Coordinate transportation projects deemed to be
1761 regionally significant.
1762 2. Review the impact of regionally significant land use
1763 decisions on the region.
1764 3. Review all proposed regionally significant
1765 transportation projects in the transportation improvement
1766 programs.
1767 (i)(j)1. To more fully accomplish the purposes for which
1768 M.P.O.'s have been mandated, the department shall, at least
1769 annually, convene M.P.O.'s of similar size, based on the size of
1770 population served, for the purpose of exchanging best practices.
1771 M.P.O.'s may shall develop committees or working groups as
1772 needed to accomplish such purpose. Training for new M.P.O.
1773 governing board members shall be provided by the department or,
1774 at the discretion of the department, by an entity pursuant to a
1775 contract with the department, by the Florida Center for Urban

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1776 Transportation Research, or by the Implementing Solutions from
1777 Transportation Research and Evaluation of Emerging Technologies
1778 (I-STREET) living lab coordination mechanisms with one another
1779 to expand and improve transportation within the state. The
1780 appropriate method of coordination between M.P.O.'s shall vary
1781 depending upon the project involved and given local and regional
1782 needs. Consequently, it is appropriate to set forth a flexible
1783 methodology that can be used by M.P.O.'s to coordinate with
1784 other M.P.O.'s and appropriate political subdivisions as
1785 circumstances demand.
1786 2. Any M.P.O. may join with any other M.P.O. or any
1787 individual political subdivision to coordinate activities or to
1788 achieve any federal or state transportation planning or
1789 development goals or purposes consistent with federal or state
1790 law. When an M.P.O. determines that it is appropriate to join
1791 with another M.P.O. or any political subdivision to coordinate
1792 activities, the M.P.O. or political subdivision shall enter into
1793 an interlocal agreement pursuant to s. 163.01, which, at a
1794 minimum, creates a separate legal or administrative entity to
1795 coordinate the transportation planning or development activities
1796 required to achieve the goal or purpose; provides the purpose
1797 for which the entity is created; provides the duration of the
1798 agreement and the entity and specifies how the agreement may be
1799 terminated, modified, or rescinded; describes the precise
1800 organization of the entity, including who has voting rights on

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1801 the governing board, whether alternative voting members are
1802 provided for, how voting members are appointed, and what the
1803 relative voting strength is for each constituent M.P.O. or
1804 political subdivision; provides the manner in which the parties
1805 to the agreement will provide for the financial support of the
1806 entity and payment of costs and expenses of the entity; provides
1807 the manner in which funds may be paid to and disbursed from the
1808 entity; and provides how members of the entity will resolve
1809 disagreements regarding interpretation of the interlocal
1810 agreement or disputes relating to the operation of the entity.
1811 Such interlocal agreement shall become effective upon its
1812 recordation in the official public records of each county in
1813 which a member of the entity created by the interlocal agreement
1814 has a voting member. Multiple M.P.O.'s may merge, combine, or
1815 otherwise join together as a single M.P.O.
1816 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
1817 develop a long-range transportation plan that addresses at least
1818 a 20-year planning horizon. The plan must include both long-
1819 range and short-range strategies and must comply with all other
1820 state and federal requirements. The prevailing principles to be
1821 considered in the long-range transportation plan are: preserving
1822 the existing transportation infrastructure; enhancing Florida's
1823 economic competitiveness; and improving travel choices to ensure
1824 mobility. The long-range transportation plan must be consistent,
1825 to the maximum extent feasible, with future land use elements

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1826 and the goals, objectives, and policies of the approved local
1827 government comprehensive plans of the units of local government
1828 located within the jurisdiction of the M.P.O. Each M.P.O. is
1829 encouraged to consider strategies that integrate transportation
1830 and land use planning to provide for sustainable development and
1831 reduce greenhouse gas emissions. The approved long-range
1832 transportation plan must be considered by local governments in
1833 the development of the transportation elements in local
1834 government comprehensive plans and any amendments thereto. The
1835 long-range transportation plan must, at a minimum:
1836 (a) Identify transportation facilities, including, but not
1837 limited to, major roadways, airports, seaports, spaceports,
1838 commuter rail systems, transit systems, and intermodal or
1839 multimodal terminals that will function as an integrated
1840 metropolitan transportation system. The long-range
1841 transportation plan must give emphasis to those transportation
1842 facilities that serve national, statewide, or regional
1843 functions, and must consider the goals and objectives identified
1844 in the Florida Transportation Plan as provided in s. 339.155. If
1845 a project is located within the boundaries of more than one
1846 M.P.O., the M.P.O.'s must coordinate plans regarding the project
1847 in the long-range transportation plan. Multiple M.P.O.'s within
1848 a contiguous urbanized area must coordinate the development of
1849 long-range transportation plans to be reviewed by the
1850 Metropolitan Planning Organization Advisory Council.

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1851 (b) Include a financial plan that demonstrates how the
1852 plan can be implemented, indicating resources from public and
1853 private sources which are reasonably expected to be available to
1854 carry out the plan, and recommends any additional financing
1855 strategies for needed projects and programs. The financial plan
1856 may include, for illustrative purposes, additional projects that
1857 would be included in the adopted long-range transportation plan
1858 if reasonable additional resources beyond those identified in
1859 the financial plan were available. For the purpose of developing
1860 the long-range transportation plan, the M.P.O. and the
1861 department shall cooperatively develop estimates of funds that
1862 will be available to support the plan implementation. Innovative
1863 financing techniques may be used to fund needed projects and
1864 programs. Such techniques may include the assessment of tolls,
1865 public-private partnerships, the use of value capture financing,
1866 or the use of value pricing. Multiple M.P.O.'s within a
1867 contiguous urbanized area must ensure, to the maximum extent
1868 possible, the consistency of data used in the planning process.
1869 (d) Indicate, as appropriate, proposed transportation
1870 enhancement activities, including, but not limited to,
1871 pedestrian and bicycle facilities, trails or facilities that are
1872 regionally significant or critical linkages for the Florida
1873 Shared-Use Nonmotorized Trail Network, scenic easements,
1874 landscaping, integration of advanced air mobility, and
1875 integration of autonomous and electric vehicles, electric

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1876 bicycles, and motorized scooters used for freight, commuter, or
1877 micromobility purposes historic preservation, mitigation of
1878 water pollution due to highway runoff, and control of outdoor
1879 advertising.
1880
1881 In the development of its long-range transportation plan, each
1882 M.P.O. must provide the public, affected public agencies,
1883 representatives of transportation agency employees, freight
1884 shippers, providers of freight transportation services, private
1885 providers of transportation, representatives of users of public
1886 transit, and other interested parties with a reasonable
1887 opportunity to comment on the long-range transportation plan.
1888 The long-range transportation plan must be approved by the
1889 M.P.O.
1890 (10) AGREEMENTS; ACCOUNTABILITY.—
1891 (a) Each M.P.O. may execute a written agreement with the
1892 department, which shall be reviewed, and updated as necessary,
1893 every 5 years, which clearly establishes the cooperative
1894 relationship essential to accomplish the transportation planning
1895 requirements of state and federal law. Roles, responsibilities,
1896 and expectations for accomplishing consistency with federal and
1897 state requirements and priorities must be set forth in the
1898 agreement. In addition, the agreement must set forth the
1899 M.P.O.'s responsibility, in collaboration with the department,
1900 to identify, prioritize, and present to the department a

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1901 complete list of multimodal transportation projects consistent
1902 with the needs of the metropolitan planning area. It is the
1903 department's responsibility to program projects in the state
1904 transportation improvement program.
1905 (b) The department must establish, in collaboration with
1906 each M.P.O., quality performance metrics such as safety,
1907 infrastructure condition, congestion relief, and mobility. Each
1908 M.P.O. must, as part of its long-range transportation plan, in
1909 direct coordination with the department, develop targets for
1910 each performance measure within the metropolitan planning area
1911 boundary. The performance targets must support efficient and
1912 safe movement of people and goods both within the metropolitan
1913 planning area and between regions. Each M.P.O. must report
1914 progress toward establishing performance targets for each
1915 measure annually in its transportation improvement plan. The
1916 department shall evaluate and post on its website whether each
1917 M.P.O. has made significant progress toward its target for the
1918 applicable reporting period.
1919 (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—
1920 (a) A Metropolitan Planning Organization Advisory Council
1921 is created to augment, and not supplant, the role of the
1922 individual M.P.O.'s in the cooperative transportation planning
1923 process described in this section.
1924 (b) The council shall consist of one representative from
1925 each M.P.O. and shall elect a chairperson annually from its

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1926 number. Each M.P.O. shall also elect an alternate representative
1927 from each M.P.O. to vote in the absence of the representative.
1928 Members of the council do not receive any compensation for their
1929 services, but may be reimbursed from funds made available to
1930 council members for travel and per diem expenses incurred in the
1931 performance of their council duties as provided in s. 112.061.
1932 (c) The powers and duties of the Metropolitan Planning
1933 Organization Advisory Council are to:
1934 1. Establish bylaws by action of its governing board
1935 providing procedural rules to guide its proceedings and
1936 consideration of matters before the council, or, alternatively,
1937 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
1938 provisions of law conferring powers or duties upon it.
1939 2. Assist M.P.O.'s in carrying out the urbanized area
1940 transportation planning process by serving as the principal
1941 forum for collective policy discussion pursuant to law.
1942 3. Serve as a clearinghouse for review and comment by
1943 M.P.O.'s on the Florida Transportation Plan and on other issues
1944 required to comply with federal or state law in carrying out the
1945 urbanized area transportation and systematic planning processes
1946 instituted pursuant to s. 339.155. The council must also report
1947 annually to the Florida Transportation Commission on the
1948 alignment of M.P.O. long-range transportation plans with the
1949 Florida Transportation Plan.
1950 4. Employ an executive director and such other staff as

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1951 necessary to perform adequately the functions of the council,
1952 within budgetary limitations. The executive director and staff
1953 are exempt from part II of chapter 110 and serve at the
1954 direction and control of the council. The council is assigned to
1955 the Office of the Secretary of the Department of Transportation
1956 for fiscal and accountability purposes, but it shall otherwise
1957 function independently of the control and direction of the
1958 department.
1959 5. Deliver training on federal and state program
1960 requirements and procedures to M.P.O. board members and M.P.O.
1961 staff.
1962 6. Adopt an agency strategic plan that prioritizes steps
1963 the agency will take to carry out its mission within the context
1964 of the state comprehensive plan and any other statutory mandates
1965 and directives.
1966 (d) The Metropolitan Planning Organization Advisory
1967 Council may enter into contracts in accordance with chapter 287
1968 to support the activities described in paragraph (c). Lobbying
1969 and the acceptance of funds, grants, assistance, gifts, or
1970 bequests from private, local, state, or federal sources are
1971 prohibited.
1972 Section 24. Subsection (4) of section 339.65, Florida
1973 Statutes, is amended to read:
1974 339.65 Strategic Intermodal System highway corridors.—
1975 (4) The department shall develop and maintain a plan of

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1976 Strategic Intermodal System highway corridor projects that are
1977 anticipated to be let to contract for construction within a time
1978 period of at least 20 years. The department shall prioritize
1979 projects that address gaps in a corridor so that the corridor
1980 becomes contiguous. The plan shall also identify when segments
1981 of the corridor will meet the standards and criteria developed
1982 pursuant to subsection (5).
1983 Section 25. Section 339.84, Florida Statutes, is amended
1984 to read:
1985 339.84 Workforce development.—
1986 (1) Beginning in the 2023-2024 fiscal year and annually
1987 thereafter for 5 years, $5 million shall be allocated from the
1988 State Transportation Trust Fund to the workforce development
1989 program as provided in s. 334.044(35) to promote career paths in
1990 Florida's road and bridge industry.
1991 (2) In fiscal years 2025-2026 through 2029-2030, the
1992 department may expend up to $5 million each fiscal year for
1993 grants to Florida College System institutions and high schools
1994 for the purchase of equipment simulators with authentic original
1995 equipment manufacturer controls. Each grant recipient must offer
1996 an elective course in heavy civil construction the curriculum of
1997 which is specifically designed to use an equipment simulator and
1998 other instructional aides to, at a minimum, provide the student
1999 with OSHA 10 Construction certification and an equipment
2000 simulator certification. In awarding such grants, the department

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2001 shall give priority to Florida College System institutions and
2002 high schools in rural communities as defined in s. 288.0656(2).
2003 Section 26. Paragraph (b) of subsection (2) of section
2004 202.20, Florida Statutes, is amended to read:
2005 202.20 Local communications services tax conversion
2006 rates.—
2007 (2)
2008 (b) Except as otherwise provided in this subsection,
2009 "replaced revenue sources," as used in this section, means the
2010 following taxes, charges, fees, or other impositions to the
2011 extent that the respective local taxing jurisdictions were
2012 authorized to impose them prior to July 1, 2000.
2013 1. With respect to municipalities and charter counties and
2014 the taxes authorized by s. 202.19(1):
2015 a. The public service tax on telecommunications authorized
2016 by former s. 166.231(9).
2017 b. Franchise fees on cable service providers as authorized
2018 by 47 U.S.C. s. 542.
2019 c. The public service tax on prepaid calling arrangements.
2020 d. Franchise fees on dealers of communications services
2021 which use the public roads or rights-of-way, up to the limit set
2022 forth in s. 337.401. For purposes of calculating rates under
2023 this section, it is the legislative intent that charter counties
2024 be treated as having had the same authority as municipalities to
2025 impose franchise fees on recurring local telecommunication

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2026 service revenues prior to July 1, 2000. However, the Legislature
2027 recognizes that the authority of charter counties to impose such
2028 fees is in dispute, and the treatment provided in this section
2029 is not an expression of legislative intent that charter counties
2030 actually do or do not possess such authority.
2031 e. Actual permit fees relating to placing or maintaining
2032 facilities in or on public roads or rights-of-way, collected
2033 from providers of long-distance, cable, and mobile
2034 communications services for the fiscal year ending September 30,
2035 1999; however, if a municipality or charter county elects the
2036 option to charge permit fees pursuant to s. 337.401(4)(c) s.
2037 337.401(3)(c), such fees shall not be included as a replaced
2038 revenue source.
2039 2. With respect to all other counties and the taxes
2040 authorized in s. 202.19(1), franchise fees on cable service
2041 providers as authorized by 47 U.S.C. s. 542.
2042 Section 27. Paragraph (e) of subsection (2) of section
2043 331.310, Florida Statutes, is amended to read:
2044 331.310 Powers and duties of the board of directors.—
2045 (2) The board of directors shall:
2046 (e) Prepare an annual report of operations as a supplement
2047 to the annual report required under s. 331.3051(15) s.
2048 331.3051(16). The report must include, but not be limited to, a
2049 balance sheet, an income statement, a statement of changes in
2050 financial position, a reconciliation of changes in equity

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2051 accounts, a summary of significant accounting principles, the
2052 auditor's report, a summary of the status of existing and
2053 proposed bonding projects, comments from management about the
2054 year's business, and prospects for the next year.
2055 Section 28. Section 610.106, Florida Statutes, is amended
2056 to read:
2057 610.106 Franchise fees prohibited.—Except as otherwise
2058 provided in this chapter, the department may not impose any
2059 taxes, fees, charges, or other impositions on a cable or video
2060 service provider as a condition for the issuance of a state-
2061 issued certificate of franchise authority. No municipality or
2062 county may impose any taxes, fees, charges, or other exactions
2063 on certificateholders in connection with use of public right-of-
2064 way as a condition of a certificateholder doing business in the
2065 municipality or county, or otherwise, except such taxes, fees,
2066 charges, or other exactions permitted by chapter 202, s.
2067 337.401(7) s. 337.401(6), or s. 610.117.
2068 Section 29. The Legislature finds that the widening of
2069 that portion of Interstate 4 between U.S. Highway 27 in Polk
2070 County and Interstate 75 in Hillsborough County is in the public
2071 interest and in the strategic interest of the region to improve
2072 the movement of people and goods. The Department of
2073 Transportation shall develop a report that includes, but is not
2074 limited to, detailed costs for project development and
2075 environmental studies, design, acquisition of rights-of-way, and

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2076 construction and a schedule to complete the widening as
2077 expeditiously as possible. Such report shall identify funding
2078 shortfalls and strategies to address such shortfalls, including,
2079 but not limited to, using express lane toll revenues generated
2080 on the Interstate 4 corridor and other available department
2081 funds for public-private partnerships. The department shall
2082 submit the report by December 31, 2025, to the Governor, the
2083 President of the Senate, and the Speaker of the House of
2084 Representatives.
2085 Section 30. By October 31, 2025, the Department of
2086 Transportation shall submit to the Governor, the President of
2087 the Senate, and the Speaker of the House of Representatives a
2088 report that provides a comprehensive review of the boundaries of
2089 each of the department's districts and whether any district's
2090 boundaries should be redrawn as a result of population growth
2091 and increased urban density.
2092 Section 31. Section 332.136, Florida Statutes, is created
2093 to read:
2094 332.136 Sarasota Manatee Airport Authority; airport pilot
2095 program.—
2096 (1) There is established at the Sarasota Manatee Airport
2097 Authority (SMAA) an airport pilot program. The purpose of the
2098 pilot program is to determine the long-term feasibility of
2099 alternative airport permitting procedures such as those provided
2100 in ss. 553.80, 1013.30, 1013.33, and 1013.371.

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2101 (2) The department shall adopt rules as necessary to
2102 implement the pilot program.
2103 (3) By December 1, 2027, the department shall submit
2104 recommendations to the President of the Senate and the Speaker
2105 of the House of Representatives about how to expand the pilot
2106 program to additional airports, amend the pilot program to
2107 increase its effectiveness, or terminate the pilot program.
2108 (4) This section shall stand repealed on June 30, 2028,
2109 unless reviewed and saved from appeal through reenactment by the
2110 Legislature.
2111 Section 32. This act shall take effect July 1, 2025.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 567 (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 McFarland offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 148-2110 and insert:
7 Section 1. Section 218.3215, Florida Statutes, is created
8 to read:
9 218.3215 County transportation projects.—
10 (1) Each county shall annually by January 15 report to the
11 Office of Economic and Demographic Research the following
12 information, by county fiscal year, for revenues received
13 pursuant to s. 212.055(1), for the previous county fiscal year:
14 (a) The total proceeds from the surtax received by the
15 county.
16 (b) The amount allocated by the county for road and bridge
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17 projects. The Office of Economic and Demographic Research, in
18 consultation with the Department of Transportation, must
19 establish and define broad categories for reporting this
20 information, including, but not limited to, widening, repair and
21 rehabilitation, sidewalks, or payment or pledge of bonds for the
22 construction of roads and bridges.
23 (c) The total expenditures for road and bridge projects,
24 including by category established pursuant to paragraph (b).
25 (d) The unexpended balances of funds allocated to road and
26 bridge projects by category.
27 (e) A list of current road and bridge projects, including
28 the project cost, location, and scope.
29 (f) The amount allocated by the county to all other
30 authorized uses of the proceeds from the surtax, excluding road
31 and bridge projects and the payment or pledge of bonds for the
32 construction of roads and bridges.
33 (2) Each county shall report the information required in
34 subsection (1) in the format specified by the Office of Economic
35 and Demographic Research. The Office of Economic and Demographic
36 Research shall compile the information from each county into a
37 report and submit the report to the President of the Senate, the
38 Speaker of the House of Representatives, and the Department of
39 Transportation.
40 Section 2. Subsection (2) of section 316.183, Florida
41 Statutes, is amended to read:
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42 316.183 Unlawful speed.—
43 (2) On all streets or highways, the maximum speed limits
44 for all vehicles must be 30 miles per hour in business or
45 residence districts, and 55 miles per hour at any time at all
46 other locations. However, with respect to a residence district,
47 a county or municipality may set a maximum speed limit of 20 or
48 25 miles per hour on local streets and highways after an
49 investigation determines that such a limit is reasonable. It is
50 not necessary to conduct a separate investigation for each
51 residence district. The department shall determine the safe and
52 available minimum speed limit on all highways that are comprise
53 a part of the National System of Interstate and Defense Highways
54 and have at least not fewer than four lanes is 40 miles per
55 hour, except that when the posted speed limit is 70 miles per
56 hour, the minimum speed limit is 50 miles per hour.
57 Section 3. Subsection (2) of section 316.187, Florida
58 Statutes, is amended to read:
59 316.187 Establishment of state speed zones.—
60 (2)(a) The maximum allowable speed limit on limited access
61 highways is 75 70 miles per hour.
62 (b) The maximum allowable speed limit on any other highway
63 that which is outside an urban area of 5,000 or more persons and
64 that which has at least four lanes divided by a median strip is
65 70 65 miles per hour.
66 (c) The Department of Transportation is authorized to set
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67 such maximum and minimum speed limits for travel over other
68 roadways under its authority as it deems safe and advisable, not
69 to exceed as a maximum limit 65 60 miles per hour.
70 Section 4. Subsections (8) and (9) are added to section
71 316.20655, Florida Statutes, to read:
72 316.20655 Electric bicycle regulations.—
73 (8) A local government may adopt an ordinance providing
74 one or more minimum age requirements to operate an electric
75 bicycle and may adopt an ordinance requiring an operator of an
76 electric bicycle to possess a government-issued photographic
77 identification while operating the electric bicycle.
78 (9) A local government may provide training on the safe
79 operation of electric bicycles and compliance with the traffic
80 laws of this state that apply to electric bicycles.
81 Section 5. Subsections (7) and (8) are added to section
82 316.2128, Florida Statutes, to read:
83 316.2128 Micromobility devices, motorized scooters, and
84 miniature motorcycles; requirements.—
85 (7) A local government may adopt an ordinance providing
86 one or more minimum age requirements to operate a motorized
87 scooter or micromobility device and may adopt an ordinance
88 requiring a person who operates a motorized scooter or
89 micromobility device to possess a government-issued photographic
90 identification while operating the motorized scooter or
91 micromobility device.
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92 (8) A local government may provide training on the safe
93 operation of motorized scooters and micromobility devices and
94 compliance with the traffic laws of this state that apply to
95 motorized scooters and micromobility devices.
96 Section 6. Section 320.0849, Florida Statutes, is created
97 to read:
98 320.0849 Expectant mother parking permits.—
99 (1)(a) The department or its authorized agents shall, upon
100 application, issue an expectant mother parking permit placard or
101 decal to an expectant mother. The placard or decal is valid for
102 up to 1 year after the date of issuance.
103 (b) The department shall, by rule, provide for the design,
104 size, color, and placement of the expectant mother parking
105 permit placard or decal. The placard or decal must be designed
106 to conspicuously display the expiration date of the permit.
107 (2) An application for an expectant mother parking permit
108 must include, but need not be limited to:
109 (a) Certification provided by a physician licensed under
110 chapter 458 or chapter 459 that the applicant is an expectant
111 mother.
112 (b) The certifying physician's name and address.
113 (c) The physician's certification number.
114 (d) The following statement in bold letters: "An expectant
115 mother parking permit may be issued only to an expectant mother
116 and is valid for up to 1 year after the date of issuance."
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117 (e) The signatures of:
118 1. The certifying physician.
119 2. The applicant.
120 3. The employee of the department processing the
121 application.
122 (3) Notwithstanding any other provision of law, an
123 expectant mother who is issued an expectant mother parking
124 permit under this section may park a motor vehicle in a parking
125 space designated for persons who have disabilities as provided
126 in s. 553.5041.
127 Section 7. Subsection (14) of section 331.3051, Florida
128 Statutes, is amended to read:
129 331.3051 Duties of Space Florida.—Space Florida shall:
130 (14) Partner with the Metropolitan Planning Organization
131 Advisory Council to coordinate and specify how aerospace
132 planning and programming will be part of the state's cooperative
133 transportation planning process.
134 Section 8. Subsection (6) of section 334.044, Florida
135 Statutes, is amended to read:
136 334.044 Powers and duties of the department.—The
137 department shall have the following general powers and duties:
138 (6) To acquire, by the exercise of the power of eminent
139 domain as provided by law, all property or property rights,
140 whether public or private, which it may determine are necessary
141 to the performance of its duties and the execution of its
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142 powers, including advance purchase of property or property
143 rights to preserve a corridor for future proposed improvements.
144 Section 9. Subsections (1) and (3) of section 334.065,
145 Florida Statutes, are amended to read:
146 334.065 Center for Urban Transportation Research.—
147 (1) There is established within at the University of South
148 Florida the Florida Center for Urban Transportation Research, to
149 be administered by the Board of Governors of the State
150 University System. The responsibilities of the center include,
151 but are not limited to, conducting and facilitating research on
152 issues related to urban transportation problems in this state
153 and serving as an information exchange and depository for the
154 most current information pertaining to urban transportation and
155 related issues.
156 (3) An advisory board shall be created to periodically and
157 objectively review and advise the center concerning its research
158 program. Except for projects mandated by law, state-funded base
159 projects shall not be undertaken without approval of the
160 advisory board. The membership of the board shall consist of
161 nine experts in transportation-related areas, as follows:
162 (a) A member appointed by the President of the Senate.
163 (b) A member appointed by the Speaker of the House of
164 Representatives.
165 (c) The Secretary of Transportation or his or her
166 designee.
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167 (d) The Secretary of Commerce or his or her designee.
168 including the secretaries of the Department of Transportation,
169 the Department of Environmental Protection, and the Department
170 of Commerce, or their designees, and
171 (e) A member of the Florida Transportation Commission.
172 (f) Four members nominated by the University of South
173 Florida's College of Engineering and approved by the
174 university's president The nomination of the remaining members
175 of the board shall be made to the President of the University of
176 South Florida by the College of Engineering at the University of
177 South Florida, and the appointment of these members must be
178 reviewed and approved by the Florida Transportation Commission
179 and confirmed by the Board of Governors.
180 Section 10. Section 334.63, Florida Statutes, is created
181 to read:
182 334.63 Project concept studies; project development and
183 environmental studies.—
184 (1) All project concept studies and project development
185 and environmental studies for capacity improvement projects on
186 limited-access facilities must include the evaluation of
187 alternatives that provide transportation capacity using elevated
188 roadways above existing lanes.
189 (2) All project development and environmental studies for
190 new alignment projects and new capacity improvement projects
191 must be completed within 18 months after commencement to the
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192 maximum extent possible.
193 Section 11. Subsections (4), (7), and (15) of section
194 337.11, Florida Statutes, are amended to read:
195 337.11 Contracting authority of department; bids;
196 emergency repairs, supplemental agreements, and change orders;
197 combined design and construction contracts; progress payments;
198 records; requirements of vehicle registration.—
199 (4)(a) The department may award the proposed construction
200 and maintenance work to the lowest responsible bidder, or in the
201 instance of a time-plus-money contract, the lowest evaluated
202 responsible bidder, or it may reject all bids and proceed to
203 rebid the work in accordance with subsection (2) or otherwise
204 perform the work.
205 (b)1. Notwithstanding any other provision of law to the
206 contrary, if the department intends to reject all bids on any
207 project after announcing but before posting official notice of
208 such intent, the department must provide to the lowest
209 responsive and responsible bidder the opportunity to negotiate
210 the scope of work with the corresponding reduction in price, as
211 provided in the bid, to provide a reduced bid without filing a
212 protest or posting a bond under paragraph (5)(a). Upon reaching
213 a decision regarding such bidder's reduced bid, the department
214 must post notice of final agency action to either reject all
215 bids or accept the reduced bid.
216 2. This subsection does not prohibit the filing of a
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217 protest by any bidder or alter the deadlines in s. 120.57.
218 3. Notwithstanding ss. 120.57(3)(c) and 287.057(25), upon
219 receipt of a timely filed formal written protest, the department
220 may continue with the process provided for in this subsection
221 but may not take final agency action as to the lowest responsive
222 and responsible bidder, except as part of the department's final
223 agency action in the protest or if the protesting party
224 dismisses the protest.
225 (7)(a) If the department determines that it is in the best
226 interests of the public, the department may combine the design
227 and construction phases of a project into a single contract.
228 Such contract is referred to as a design-build contract. For
229 design-build contracts, the department must receive at least
230 three letters of interest, and the department shall request
231 proposals from no fewer than three of the design-build firms
232 submitting such letters of interest. If a design-build firm
233 withdraws from consideration after the department requests
234 proposals, the department may continue if at least two proposals
235 are received.
236 (b) If the department determines that it is in the best
237 interests of the public, the department may combine the design
238 and construction phases of a project fully funded in the work
239 program into a single contract and select the design-build firm
240 in the early stages of a project to ensure that the design-build
241 firm is part of the collaboration and development of the design
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242 as part of a step-by-step progression through construction. Such
243 a contract is referred to as a phased design-build contract. For
244 phased design-build contracts, selection and award must include
245 a two-phase process. For phase one, the department shall
246 competitively award the contract to a design-build firm based
247 upon qualifications, provided that the department has received
248 at least three statements of qualifications from qualified
249 design-build firms. If the department elects, during phase one,
250 to enter into contracts with more than one design-build firm
251 based on qualifications, the department shall competitively
252 select a single design-build firm to perform the work associated
253 with phase two. For phase two, the design-build firm may
254 independently perform portions of the work and shall
255 competitively bid construction trade subcontractor packages and,
256 based upon the design-build firm's estimates of its
257 independently performed work and these bids, negotiate with the
258 department a fixed firm price or guaranteed maximum price that
259 meets the project budget and scope as advertised in the request
260 for qualifications.
261 (c) Design-build contracts and phased design-build
262 contracts may be advertised and awarded notwithstanding the
263 requirements of paragraph (3)(c). However, construction
264 activities may not begin on any portion of such projects for
265 which the department has not yet obtained title to the necessary
266 rights-of-way and easements for the construction of that portion
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267 of the project has vested in the state or a local governmental
268 entity and all railroad crossing and utility agreements have
269 been executed. Title to rights-of-way shall be deemed to have
270 vested in the state when the title has been dedicated to the
271 public or acquired by prescription.
272 (c)(d) The department shall adopt by rule procedures for
273 administering design-build and phased design-build contracts.
274 Such procedures shall include, but not be limited to:
275 1. Prequalification requirements.
276 2. Public announcement procedures.
277 3. Scope of service requirements.
278 4. Letters of interest requirements.
279 5. Short-listing criteria and procedures.
280 6. Bid proposal requirements.
281 7. Technical review committee.
282 8. Selection and award processes.
283 9. Stipend requirements.
284 (d)(e) For design-build contracts and phased design-build
285 contracts, the department must receive at least three letters of
286 interest, and in order to proceed with a request for proposals.
287 the department shall request proposals from no fewer than three
288 of the design-build firms submitting such letters of interest.
289 If a design-build firm withdraws from consideration after the
290 department requests proposals, the department may continue if at
291 least two proposals are received.
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292 (15) Each contract let by the department for performance
293 of bridge construction or maintenance on over navigable waters
294 must contain a provision requiring marine general liability
295 insurance, including protection and indemnity coverage, in an
296 amount to be determined by the department, which covers third-
297 party personal injury and property damage caused by vessels used
298 by the contractor in the performance of the work. Protection and
299 indemnity coverage may be covered by endorsement on the marine
300 general liability insurance policy or may be a separate policy.
301 Section 12. Subsections (1), (2), and (8) of section
302 337.14, Florida Statutes, are amended to read:
303 337.14 Application for qualification; certificate of
304 qualification; restrictions; request for hearing.—
305 (1)(a) A Any contractor desiring to bid for the
306 performance of a any construction contract in excess of $250,000
307 which the department proposes to let must first be certified by
308 the department as qualified pursuant to this section and rules
309 of the department. The rules of the department must address the
310 qualification of contractors to bid on construction contracts in
311 excess of $250,000 and must include requirements with respect to
312 the equipment, past record, experience, financial resources, and
313 organizational personnel of the applying contractor which are
314 necessary to perform the specific class of work for which the
315 contractor seeks certification.
316 (b) A Any contractor who desires to bid on contracts in
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317 excess of $50 million and who is not qualified and in good
318 standing with the department as of January 1, 2019, must first
319 be certified by the department as qualified and must have
320 satisfactorily completed two projects, each in excess of $15
321 million, for the department or for any other state department of
322 transportation.
323 (c) The department may limit the dollar amount of any
324 contract upon which a contractor is qualified to bid or the
325 aggregate total dollar volume of contracts such contractor is
326 allowed to have under contract at any one time.
327 (d)1. Each applying contractor seeking qualification to
328 bid on construction contracts in excess of $250,000 shall
329 furnish the department a statement under oath, on such forms as
330 the department may prescribe, setting forth detailed information
331 as required on the application.
332 2. Each application for certification must be accompanied
333 by audited, certified financial statements prepared in
334 accordance with generally accepted accounting principles and
335 auditing standards by a certified public accountant licensed in
336 this state or another state. The audited, certified financial
337 statements must be for the applying contractor and must have
338 been prepared within the immediately preceding 12 months.
339 3. The department may not consider any financial
340 information of the parent entity of the applying contractor, if
341 any.
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342 4. The department may not certify as qualified any
343 applying contractor who fails to submit the audited, certified
344 financial statements required by this subsection.
345 5. If the application or the annual financial statement
346 shows the financial condition of the applying contractor more
347 than 4 months before the date on which the application is
348 received by the department, the applicant must also submit
349 interim audited, certified financial statements prepared in
350 accordance with generally accepted accounting principles and
351 auditing standards by a certified public accountant licensed in
352 this state or another state. The interim financial statements
353 must cover the period from the end date of the annual statement
354 and must show the financial condition of the applying contractor
355 no more than 4 months before the date that the interim financial
356 statements are received by the department. However, upon the
357 request of the applying contractor, an application and
358 accompanying annual or interim financial statement received by
359 the department within 15 days after either 4-month period under
360 this subsection shall be considered timely.
361 6. An applying contractor desiring to bid exclusively for
362 the performance of construction contracts with proposed budget
363 estimates of less than $2 million may submit reviewed annual or
364 reviewed interim financial statements prepared by a certified
365 public accountant.
366 (e) The information required by this subsection is
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367 confidential and exempt from s. 119.07(1).
368 (f) The department shall act upon the application for
369 qualification within 30 days after the department determines
370 that the application is complete.
371 (g) The department may waive the requirements of this
372 subsection for:
373 1. A push-button contract or a task work order contract
374 that has a contract price of $1 million or less; or
375 2. A project that has projects having a contract price of
376 $500,000 or less if the department determines that the project
377 is of a noncritical nature and the waiver will not endanger
378 public health, safety, or property.
379 (2) Certification shall be necessary in order to bid on a
380 road, bridge, or public transportation construction contract of
381 more than $250,000. However, the successful bidder on any
382 construction contract must furnish a contract bond before prior
383 to the award of the contract. The department may waive the
384 requirement for all or a portion of a contract bond for
385 contracts of $250,000 $150,000 or less under s. 337.18(1).
386 (8) This section does not apply to maintenance contracts.
387 Notwithstanding any other provision of law, a contractor seeking
388 to bid on a maintenance contract for which the majority of the
389 work includes repair and replacement of safety appurtenances,
390 including, but not limited to, guardrails, attenuators, traffic
391 signals, and striping, must possess the prescribed
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392 qualifications, equipment, past record, and experience required
393 to perform such work.
394 Section 13. Subsections (4) and (5) of section 337.185,
395 Florida Statutes, are amended to read:
396 337.185 State Arbitration Board.—
397 (4) The contractor may submit a claim greater than
398 $250,000 up to $2 million $1 million per contract or, upon
399 agreement of the parties, greater than up to $2 million per
400 contract to be arbitrated by the board. An award issued by the
401 board pursuant to this subsection is final if a request for a
402 trial de novo is not filed within the time provided by Rule
403 1.830, Florida Rules of Civil Procedure. At the trial de novo,
404 the court may not admit evidence that there has been an
405 arbitration proceeding, the nature or amount of the award, or
406 any other matter concerning the conduct of the arbitration
407 proceeding, except that sworn testimony given in connection with
408 at an arbitration hearing may be used for any purpose otherwise
409 permitted by the Florida Evidence Code. If a request for trial
410 de novo is not filed within the time provided, the award issued
411 by the board is final and enforceable by a court of law.
412 (5) An arbitration request may not be made to the board
413 before final acceptance but must be made to the board within 820
414 days after final acceptance or within 360 days after written
415 notice by the department of a claim related to a written
416 warranty or defect after final acceptance, whichever is later.
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417 Section 14. Subsection (2) of section 337.19, Florida
418 Statutes, is amended to read:
419 337.19 Suits by and against department; limitation of
420 actions; forum.—
421 (2) Suits by and against the department under this section
422 shall be commenced within 820 days after of the final acceptance
423 of the work or within 360 days after written notice by the
424 department of a claim related to a written warranty or defect
425 after final acceptance, whichever is later. This section shall
426 apply to all contracts entered into after June 30, 1993.
427 Section 15. Subsection (10) of section 339.175, Florida
428 Statutes, is renumbered as subsection (11), subsection (1),
429 paragraph (a) of subsection (2), paragraphs (b), (i), and (j) of
430 subsection (6), paragraphs (a), (b), and (d) of subsection (7),
431 and present subsection (11) are amended, and a new subsection
432 (10) is added to that section, to read:
433 339.175 Metropolitan planning organization.—
434 (1) PURPOSE.—It is the intent of the Legislature to
435 encourage and promote the safe and efficient management,
436 operation, and development of multimodal surface transportation
437 systems that will serve the mobility needs of people and freight
438 and foster economic growth and development within and through
439 urbanized areas of this state in accordance with the
440 department's mission statement while minimizing transportation-
441 related fuel consumption, air pollution, and greenhouse gas
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442 emissions through metropolitan transportation planning processes
443 identified in this section. To accomplish these objectives,
444 metropolitan planning organizations, referred to in this section
445 as M.P.O.'s, shall develop, in cooperation with the state and
446 public transit operators, transportation plans and programs for
447 metropolitan areas. The plans and programs for each metropolitan
448 area must provide for the development and integrated management
449 and operation of transportation systems and facilities,
450 including pedestrian walkways and bicycle transportation
451 facilities that will function as an intermodal transportation
452 system for the metropolitan area, based upon the prevailing
453 principles provided in s. 334.046(1). The process for developing
454 such plans and programs shall provide for consideration of all
455 modes of transportation and shall be continuing, cooperative,
456 and comprehensive, to the degree appropriate, based on the
457 complexity of the transportation problems to be addressed. To
458 ensure that the process is integrated with the statewide
459 planning process, M.P.O.'s shall develop plans and programs that
460 identify transportation facilities that should function as an
461 integrated metropolitan transportation system, giving emphasis
462 to facilities that serve important national, state, and regional
463 transportation functions. For the purposes of this section,
464 those facilities include the facilities on the Strategic
465 Intermodal System designated under s. 339.63 and facilities for
466 which projects have been identified pursuant to s. 339.2819(4).
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467 (2) DESIGNATION.—
468 (a)1. An M.P.O. shall be designated for each urbanized
469 area of the state; however, this does not require that an
470 individual M.P.O. be designated for each such area. Such
471 designation shall be accomplished by agreement between the
472 Governor and units of general-purpose local government
473 representing at least 75 percent of the population of the
474 urbanized area; however, the unit of general-purpose local
475 government that represents the central city or cities within the
476 M.P.O. jurisdiction, as defined by the United States Bureau of
477 the Census, must be a party to such agreement.
478 2. To the extent possible, only one M.P.O. shall be
479 designated for each urbanized area or group of contiguous
480 urbanized areas. More than one M.P.O. may be designated within
481 an existing urbanized area only if the Governor and the existing
482 M.P.O. determine that the size and complexity of the existing
483 urbanized area makes the designation of more than one M.P.O. for
484 the area appropriate. After July 1, 2025, no additional M.P.O.'s
485 may be designated in this state except in urbanized areas, as
486 defined by the United States Bureau of the Census, where the
487 urbanized area boundary is not contiguous to an urbanized area
488 designated before the 2020 census, in which case each M.P.O.
489 designated for the area must:
490 a. Consult with every other M.P.O. designated for the
491 urbanized area and the state to coordinate plans and
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492 transportation improvement programs.
493 b. Ensure, to the maximum extent practicable, the
494 consistency of data used in the planning process, including data
495 used in forecasting travel demand within the urbanized area.
496
497 Each M.P.O. required under this section must be fully operative
498 no later than 6 months following its designation.
499 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
500 privileges, and authority of an M.P.O. are those specified in
501 this section or incorporated in an interlocal agreement
502 authorized under s. 163.01. Each M.P.O. shall perform all acts
503 required by federal or state laws or rules, now and subsequently
504 applicable, which are necessary to qualify for federal aid. It
505 is the intent of this section that each M.P.O. be involved in
506 the planning and programming of transportation facilities,
507 including, but not limited to, airports, intercity and high-
508 speed rail lines, seaports, and intermodal facilities, to the
509 extent permitted by state or federal law. An M.P.O. may not
510 perform project production or delivery for capital improvement
511 projects on the State Highway System.
512 (b) In developing the long-range transportation plan and
513 the transportation improvement program required under paragraph
514 (a), each M.P.O. shall provide for consideration of projects and
515 strategies that will:
516 1. Support the economic vitality of the contiguous
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517 urbanized metropolitan area, especially by enabling global
518 competitiveness, productivity, and efficiency.
519 2. Increase the safety and security of the transportation
520 system for motorized and nonmotorized users.
521 3. Increase the accessibility and mobility options
522 available to people and for freight.
523 4. Protect and enhance the environment, conserve natural
524 resources promote energy conservation, and improve quality of
525 life.
526 5. Enhance the integration and connectivity of the
527 transportation system, across and between modes and contiguous
528 urbanized metropolitan areas, for people and freight.
529 6. Promote efficient system management and operation.
530 7. Emphasize the preservation of the existing
531 transportation system.
532 8. Improve the resilience of transportation
533 infrastructure.
534 9. Reduce traffic and congestion.
535 (i) By December 31, 2023, the M.P.O.'s serving
536 Hillsborough, Pasco, and Pinellas Counties must submit a
537 feasibility report to the Governor, the President of the Senate,
538 and the Speaker of the House of Representatives exploring the
539 benefits, costs, and process of consolidation into a single
540 M.P.O. serving the contiguous urbanized area, the goal of which
541 would be to:
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542 1. Coordinate transportation projects deemed to be
543 regionally significant.
544 2. Review the impact of regionally significant land use
545 decisions on the region.
546 3. Review all proposed regionally significant
547 transportation projects in the transportation improvement
548 programs.
549 (i)(j)1. To more fully accomplish the purposes for which
550 M.P.O.'s have been mandated, the department shall, at least
551 annually, convene M.P.O.'s for the purpose of exchanging best
552 practices. M.P.O.'s may shall develop committees or working
553 groups as needed to accomplish such purpose. Training for new
554 M.P.O. governing board members shall be provided by the
555 department or, at the discretion of the department, by an entity
556 pursuant to a contract with the department, by the Florida
557 Center for Urban Transportation Research, or by the Implementing
558 Solutions from Transportation Research and Evaluation of
559 Emerging Technologies (I-STREET) living lab coordination
560 mechanisms with one another to expand and improve transportation
561 within the state. The appropriate method of coordination between
562 M.P.O.'s shall vary depending upon the project involved and
563 given local and regional needs. Consequently, it is appropriate
564 to set forth a flexible methodology that can be used by M.P.O.'s
565 to coordinate with other M.P.O.'s and appropriate political
566 subdivisions as circumstances demand.
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567 2. Any M.P.O. may join with any other M.P.O. or any
568 individual political subdivision to coordinate activities or to
569 achieve any federal or state transportation planning or
570 development goals or purposes consistent with federal or state
571 law. When an M.P.O. determines that it is appropriate to join
572 with another M.P.O. or any political subdivision to coordinate
573 activities, the M.P.O. or political subdivision shall enter into
574 an interlocal agreement pursuant to s. 163.01, which, at a
575 minimum, creates a separate legal or administrative entity to
576 coordinate the transportation planning or development activities
577 required to achieve the goal or purpose; provides the purpose
578 for which the entity is created; provides the duration of the
579 agreement and the entity and specifies how the agreement may be
580 terminated, modified, or rescinded; describes the precise
581 organization of the entity, including who has voting rights on
582 the governing board, whether alternative voting members are
583 provided for, how voting members are appointed, and what the
584 relative voting strength is for each constituent M.P.O. or
585 political subdivision; provides the manner in which the parties
586 to the agreement will provide for the financial support of the
587 entity and payment of costs and expenses of the entity; provides
588 the manner in which funds may be paid to and disbursed from the
589 entity; and provides how members of the entity will resolve
590 disagreements regarding interpretation of the interlocal
591 agreement or disputes relating to the operation of the entity.
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592 Such interlocal agreement shall become effective upon its
593 recordation in the official public records of each county in
594 which a member of the entity created by the interlocal agreement
595 has a voting member. Multiple M.P.O.'s may merge, combine, or
596 otherwise join together as a single M.P.O.
597 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
598 develop a long-range transportation plan that addresses at least
599 a 20-year planning horizon. The plan must include both long-
600 range and short-range strategies and must comply with all other
601 state and federal requirements. The prevailing principles to be
602 considered in the long-range transportation plan are: preserving
603 the existing transportation infrastructure; enhancing Florida's
604 economic competitiveness; and improving travel choices to ensure
605 mobility. The long-range transportation plan must be consistent,
606 to the maximum extent feasible, with future land use elements
607 and the goals, objectives, and policies of the approved local
608 government comprehensive plans of the units of local government
609 located within the jurisdiction of the M.P.O. Each M.P.O. is
610 encouraged to consider strategies that integrate transportation
611 and land use planning to provide for sustainable development and
612 reduce greenhouse gas emissions. The approved long-range
613 transportation plan must be considered by local governments in
614 the development of the transportation elements in local
615 government comprehensive plans and any amendments thereto. The
616 long-range transportation plan must, at a minimum:
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617 (a) Identify transportation facilities, including, but not
618 limited to, major roadways, airports, seaports, spaceports,
619 commuter rail systems, transit systems, and intermodal or
620 multimodal terminals that will function as an integrated
621 metropolitan transportation system. The long-range
622 transportation plan must give emphasis to those transportation
623 facilities that serve national, statewide, or regional
624 functions, and must consider the goals and objectives identified
625 in the Florida Transportation Plan as provided in s. 339.155. If
626 a project is located within the boundaries of more than one
627 M.P.O., the M.P.O.'s must coordinate plans regarding the project
628 in the long-range transportation plan. Multiple M.P.O.'s within
629 a contiguous urbanized area must coordinate the development of
630 long-range transportation plans to be reviewed by the
631 Metropolitan Planning Organization Advisory Council.
632 (b) Include a financial plan that demonstrates how the
633 plan can be implemented, indicating resources from public and
634 private sources which are reasonably expected to be available to
635 carry out the plan, and recommends any additional financing
636 strategies for needed projects and programs. The financial plan
637 may include, for illustrative purposes, additional projects that
638 would be included in the adopted long-range transportation plan
639 if reasonable additional resources beyond those identified in
640 the financial plan were available. For the purpose of developing
641 the long-range transportation plan, the M.P.O. and the
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642 department shall cooperatively develop estimates of funds that
643 will be available to support the plan implementation. Innovative
644 financing techniques may be used to fund needed projects and
645 programs. Such techniques may include the assessment of tolls,
646 public-private partnerships, the use of value capture financing,
647 or the use of value pricing. Multiple M.P.O.'s within a
648 contiguous urbanized area must ensure, to the maximum extent
649 possible, the consistency of data used in the planning process.
650 (d) Indicate, as appropriate, proposed transportation
651 enhancement activities, including, but not limited to,
652 pedestrian and bicycle facilities, trails or facilities that are
653 regionally significant or critical linkages for the Florida
654 Shared-Use Nonmotorized Trail Network, scenic easements,
655 landscaping, integration of advanced air mobility, and
656 integration of autonomous and electric vehicles, electric
657 bicycles, and motorized scooters used for freight, commuter, or
658 micromobility purposes historic preservation, mitigation of
659 water pollution due to highway runoff, and control of outdoor
660 advertising.
661
662 In the development of its long-range transportation plan, each
663 M.P.O. must provide the public, affected public agencies,
664 representatives of transportation agency employees, freight
665 shippers, providers of freight transportation services, private
666 providers of transportation, representatives of users of public
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667 transit, and other interested parties with a reasonable
668 opportunity to comment on the long-range transportation plan.
669 The long-range transportation plan must be approved by the
670 M.P.O.
671 (10) AGREEMENTS; ACCOUNTABILITY.—
672 (a) Each M.P.O. may execute a written agreement with the
673 department, which shall be reviewed, and updated as necessary,
674 every 5 years, which clearly establishes the cooperative
675 relationship essential to accomplish the transportation planning
676 requirements of state and federal law. Roles, responsibilities,
677 and expectations for accomplishing consistency with federal and
678 state requirements and priorities must be set forth in the
679 agreement. In addition, the agreement must set forth the
680 M.P.O.'s responsibility, in collaboration with the department,
681 to identify, prioritize, and present to the department a
682 complete list of multimodal transportation projects consistent
683 with the needs of the metropolitan planning area. It is the
684 department's responsibility to schedule projects in the state
685 transportation improvement program, in collaboration with the
686 M.P.O.'s, considering the annual M.P.O. list of priority
687 projects, as available funding allows.
688 (b) The department must establish, in collaboration with
689 each M.P.O., quality performance metrics such as safety,
690 infrastructure condition, congestion relief, and mobility. Each
691 M.P.O. must, as part of its long-range transportation plan, in
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692 direct coordination with the department, develop targets for
693 each performance measure within the metropolitan planning area
694 boundary. The performance targets must support efficient and
695 safe movement of people and goods both within the metropolitan
696 planning area and between regions. Each M.P.O. must report
697 progress toward establishing performance targets for each
698 measure annually in its transportation improvement plan. The
699 department shall evaluate and post on its website whether each
700 M.P.O. has made significant progress toward its target for the
701 applicable reporting period.
702 (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—
703 (a) A Metropolitan Planning Organization Advisory Council
704 is created to augment, and not supplant, the role of the
705 individual M.P.O.'s in the cooperative transportation planning
706 process described in this section.
707 (b) The council shall consist of one representative from
708 each M.P.O. and shall elect a chairperson annually from its
709 number. Each M.P.O. shall also elect an alternate representative
710 from each M.P.O. to vote in the absence of the representative.
711 Members of the council do not receive any compensation for their
712 services, but may be reimbursed from funds made available to
713 council members for travel and per diem expenses incurred in the
714 performance of their council duties as provided in s. 112.061.
715 (c) The powers and duties of the Metropolitan Planning
716 Organization Advisory Council are to:
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717 1. Establish bylaws by action of its governing board
718 providing procedural rules to guide its proceedings and
719 consideration of matters before the council, or, alternatively,
720 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
721 provisions of law conferring powers or duties upon it.
722 2. Assist M.P.O.'s in carrying out the urbanized area
723 transportation planning process by serving as the principal
724 forum for collective policy discussion pursuant to law.
725 3. Serve as a clearinghouse for review and comment by
726 M.P.O.'s on the Florida Transportation Plan and on other issues
727 required to comply with federal or state law in carrying out the
728 urbanized area transportation and systematic planning processes
729 instituted pursuant to s. 339.155. The council must also report
730 annually to the Florida Transportation Commission on the
731 alignment of M.P.O. long-range transportation plans with the
732 Florida Transportation Plan.
733 4. Employ an executive director and such other staff as
734 necessary to perform adequately the functions of the council,
735 within budgetary limitations. The executive director and staff
736 are exempt from part II of chapter 110 and serve at the
737 direction and control of the council. The council is assigned to
738 the Office of the Secretary of the Department of Transportation
739 for fiscal and accountability purposes, but it shall otherwise
740 function independently of the control and direction of the
741 department.
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742 5. Deliver training on federal and state program
743 requirements and procedures to M.P.O. board members and M.P.O.
744 staff.
745 6. Adopt an agency strategic plan that prioritizes steps
746 the agency will take to carry out its mission within the context
747 of the state comprehensive plan and any other statutory mandates
748 and directives.
749 (d) The Metropolitan Planning Organization Advisory
750 Council may enter into contracts in accordance with chapter 287
751 to support the activities described in paragraph (c). Lobbying
752 and the acceptance of funds, grants, assistance, gifts, or
753 bequests from private, local, state, or federal sources are
754 prohibited.
755 Section 16. Subsection (4) of section 339.65, Florida
756 Statutes, is amended to read:
757 339.65 Strategic Intermodal System highway corridors.—
758 (4) The department shall develop and maintain a plan of
759 Strategic Intermodal System highway corridor projects that are
760 anticipated to be let to contract for construction within a time
761 period of at least 20 years. The department, in collaboration
762 with each M.P.O., shall prioritize projects that address gaps in
763 a corridor so that the corridor becomes contiguous. The plan
764 shall also identify when segments of the corridor will meet the
765 standards and criteria developed pursuant to subsection (5).
766 Section 17. Section 339.84, Florida Statutes, is amended
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767 to read:
768 339.84 Workforce development.—
769 (1) Beginning in the 2023-2024 fiscal year and annually
770 thereafter for 5 years, $5 million shall be allocated from the
771 State Transportation Trust Fund to the workforce development
772 program as provided in s. 334.044(35) to promote career paths in
773 Florida's road and bridge industry.
774 (2) In fiscal years 2025-2026 through 2029-2030, the
775 department may expend up to $5 million each fiscal year for
776 grants to Florida College System institutions and high schools
777 for the purchase of equipment simulators with authentic original
778 equipment manufacturer controls. Each grant recipient must offer
779 an elective course in heavy civil construction the curriculum of
780 which is specifically designed to use an equipment simulator and
781 other instructional aides to, at a minimum, provide the student
782 with OSHA 10 Construction certification and an equipment
783 simulator certification. In awarding such grants, the department
784 shall give priority to Florida College System institutions and
785 high schools in rural communities as defined in s. 288.0656(2).
786 Section 18. Section 339.85, Florida Statutes, is created
787 to read:
788 339.85 Next-generation Traffic Signal Modernization
789 Program.—
790 (1) The department shall implement the Next-generation
791 Traffic Signal Modernization Program. The Next-generation
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792 Traffic Signal Modernization Program shall consist of
793 retrofitting existing traffic signals and controllers and
794 providing a communication backbone for remote operations and
795 management of such signals on the State Highway System and the
796 nonstate highway system. Such signal upgrades shall be
797 prioritized based on average annual daily traffic and the impact
798 of adding to an existing interconnected system.
799 (2) The program shall consist of an advanced traffic
800 management platform that uses radar-camera fusion to deliver
801 accurate detection in all weather conditions, offering fully
802 integrated stop bar and advance detection, alongside dilemma
803 zone and pedestrian protection. In addition to supporting time-
804 of-day signal timing plans, the program shall provide real-time
805 traffic optimization to improve flow and enhance safety. The
806 program must comply with leading cybersecurity standards, such
807 as SOC 2 and ISO 27001, ensuring robust data protection.
808 Section 19. Paragraph (e) of subsection (2) of section
809 331.310, Florida Statutes, is amended to read:
810 331.310 Powers and duties of the board of directors.—
811 (2) The board of directors shall:
812 (e) Prepare an annual report of operations as a supplement
813 to the annual report required under s. 331.3051(15) s.
814 331.3051(16). The report must include, but not be limited to, a
815 balance sheet, an income statement, a statement of changes in
816 financial position, a reconciliation of changes in equity
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817 accounts, a summary of significant accounting principles, the
818 auditor's report, a summary of the status of existing and
819 proposed bonding projects, comments from management about the
820 year's business, and prospects for the next year.
821 Section 20. The Legislature finds that the widening of
822 that portion of Interstate 4 between U.S. Highway 27 in Polk
823 County and Interstate 75 in Hillsborough County is in the public
824 interest and in the strategic interest of the region to improve
825 the movement of people and goods. The Department of
826 Transportation shall develop a report that includes, but is not
827 limited to, detailed costs for project development and
828 environmental studies, design, acquisition of rights-of-way, and
829 construction and a schedule to complete the widening as
830 expeditiously as possible. Such report shall identify funding
831 shortfalls and strategies to address such shortfalls, including,
832 but not limited to, using express lane toll revenues generated
833 on the Interstate 4 corridor and other available department
834 funds for public-private partnerships. The department shall
835 submit the report by December 31, 2025, to the Governor, the
836 President of the Senate, and the Speaker of the House of
837 Representatives.
838 Section 21. By October 31, 2025, the Department of
839 Transportation shall submit to the Governor, the President of
840 the Senate, and the Speaker of the House of Representatives a
841 report that provides a comprehensive review of the boundaries of
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842 each of the department's districts and whether any district's
843 boundaries should be redrawn as a result of population growth
844 and increased urban density.
845 Section 22. Section 332.136, Florida Statutes, is created
846 to read:
847 332.136 Sarasota Manatee Airport Authority; airport pilot
848 program.—
849 (1) There is established at the Sarasota Manatee Airport
850 Authority (SMAA) an airport pilot program. The purpose of the
851 pilot program is to determine the long-term feasibility of
852 alternative airport permitting procedures such as those provided
853 in ss. 553.80, 1013.30, 1013.33, and 1013.371.
854 (2) The department shall adopt rules as necessary to
855 implement the pilot program.
856 (3) By December 1, 2027, the department shall submit
857 recommendations to the President of the Senate and the Speaker
858 of the House of Representatives about how to expand the pilot
859 program to additional airports, amend the pilot program to
860 increase its effectiveness, or terminate the pilot program.
861 (4) This section shall stand repealed on June 30, 2028,
862 unless reviewed and saved from appeal through reenactment by the
863 Legislature.
864 Section 23. Paragraph (a) of subsection (3) of section
865 348.0304, Florida Statutes, is amended to read:
866 348.0304 Greater Miami Expressway Agency.—
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867 (3)(a) The governing body of the agency shall consist of
868 nine voting members. Except for the district secretary of the
869 department, each member must be a permanent resident of a county
870 served by the agency and may not hold, or have held in the
871 previous 2 years, elected or appointed office in such county,
872 except that this paragraph does not apply to any initial
873 appointment under paragraph (b) or to any member who previously
874 served on the governing body of the former Greater Miami
875 Expressway Agency. Each member may only serve two terms of 4
876 years each, except that there is no restriction on the term of
877 the department's district secretary. Four members, each of whom
878 must be a permanent resident of Miami-Dade County, shall be
879 appointed by the Governor, subject to confirmation by the Senate
880 at the next regular session of the Legislature. Refusal or
881 failure of the Senate to confirm an appointment shall create a
882 vacancy. Appointments made by the Governor and board of county
883 commissioners of Miami-Dade County shall reflect the state's
884 interests in the transportation sector and represent the intent,
885 duties, and purpose of the Greater Miami Expressway Agency, and
886 have at least 3 years of professional experience in one or more
887 of the following areas: finance; land use planning; tolling
888 industry; or transportation engineering. Two members, who must
889 be residents of an unincorporated portion of the geographic area
890 described in subsection (1) and residing within 15 miles of an
891 area with the highest amount of agency toll road roads, shall be
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892 appointed by the board of county commissioners of Miami-Dade
893 County. Two members, who must be residents of incorporated
894 municipalities within a county served by the agency, shall be
895 appointed by the metropolitan planning organization for a county
896 served by the agency. The district secretary of the department
897 serving in the district that contains Miami-Dade County shall
898 serve as an ex officio voting member of the governing body.
899
900 -----------------------------------------------------
901 T I T L E A M E N D M E N T
902 Remove lines 2-143 and insert:
903 An act relating to transportation; creating s.
904 218.3215, F.S.; requiring counties to annually by a
905 date certain provide the Office of Economic and
906 Demographic Research with certain information;
907 requiring counties to report such information in the
908 format specified by the office; requiring the office
909 to compile the information into a report and submit
910 the report to the Legislature and the Department of
911 Transportation; amending s. 316.183, F.S.; requiring
912 the Department of Highway Safety and Motor Vehicles to
913 determine certain speed limits; amending s. 316.187,
914 F.S.; increasing certain speed limits; amending s.
915 316.20655, F.S.; authorizing a local government to
916 adopt certain ordinances and provide certain training
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 567 (2025)
Amendment No.

917 relating to the safe operation of electric bicycles;
918 amending s. 316.2128, F.S.; authorizing a local
919 government to adopt certain ordinances and provide
920 certain training relating to the safe operation of
921 motorized scooters and micromobility devices; creating
922 s. 320.0849, F.S.; requiring the department to issue
923 expectant mother parking permits; specifying the
924 validity period thereof; providing design requirements
925 for expectant mother parking permit placards or
926 decals; providing application requirements;
927 authorizing such permitholders to park in certain
928 spaces; amending s. 331.3051, F.S.; conforming
929 provisions to changes made by the act; amending s.
930 334.044, F.S.; revising conditions under which the
931 Department of Transportation may acquire property
932 through eminent domain; amending s. 334.065, F.S.;
933 revising membership of the Center for Urban
934 Transportation Research advisory board; creating s.
935 334.63, F.S.; providing requirements for certain
936 project concept studies and project development and
937 environmental studies; amending s. 337.11, F.S.;
938 providing competitive bidding and award requirements
939 for contracts for certain projects; providing
940 construction; revising requirements for requests for
941 proposals for design-build contracts; revising
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 567 (2025)
Amendment No.

942 requirements for selection and award of phased design-
943 build contracts; removing provisions relating to
944 design-build and phased design-build contracts and
945 construction; requiring contracts to contain;
946 protection and indemnity coverage; amending s. 337.14,
947 F.S.; authorizing the department to waive certain
948 requirements for push-button or task work order
949 contracts; revising the amount of contracts for which
950 the department may waive bonding requirements;
951 requiring a contractor seeking to bid on a certain
952 maintenance contract to possess certain
953 qualifications; amending s. 337.185, F.S.; revising
954 the amount of a contract that may be subject to
955 arbitration; revising the timeframe in which
956 arbitration requests must be made to the State
957 Arbitration Board; amending s. 337.19, F.S.; revising
958 the timeframe in which certain suits by and against
959 the department must commence; removing an obsolete
960 provision; amending s. 339.175, F.S.; revising
961 legislative intent; revising requirements for the
962 designation of additional M.P.O.'s; revising projects
963 and strategies to be considered in developing an
964 M.P.O.'s long-range transportation plan and
965 transportation improvement program; removing obsolete
966 provisions; requiring the department to convene
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 567 (2025)
Amendment No.

967 M.P.O.'s to exchange best practices; authorizing such
968 M.P.O.'s to develop committees or working groups;
969 requiring training for new M.P.O. governing board
970 members to be provided by the department or another
971 specified entity; removing provisions relating to
972 M.P.O. coordination mechanisms; including public-
973 private partnerships in authorized financing
974 techniques; revising proposed transportation
975 enhancement activities that must be indicated by the
976 long-range transportation plan; authorizing each
977 M.P.O. to execute a written agreement with the
978 department regarding state and federal transportation
979 planning requirements; providing that the department
980 is responsible for scheduling projects in the state
981 transportation improvement program in collaboration
982 with the M.P.O.'s; requiring the department and
983 M.P.O.'s to establish certain quality performance
984 metrics and develop certain performance targets;
985 requiring the department to evaluate and post on its
986 website whether each M.P.O. has made significant
987 progress toward such targets; removing provisions
988 relating to the Metropolitan Planning Organization
989 Advisory Council; amending s. 339.65, F.S.; requiring
990 the department, in collaboration with each M.P.O., to
991 prioritize certain Strategic Intermodal System highway
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 567 (2025)
Amendment No.

992 corridor projects; amending s. 339.84, F.S.;
993 authorizing the department to expend certain funds for
994 grants for the purchase of certain equipment within a
995 specified timeframe; providing requirements for grant
996 recipients; requiring the department to give certain
997 priority in awarding grants; creating s. 339.85, F.S.;
998 requiring the department to implement the Next-
999 generation Traffic Signal Modernization Program;
1000 providing requirements for such program; amending s.
1001 331.310, F.S.; conforming a cross-reference; providing
1002 legislative findings regarding widening of a certain
1003 roadway; requiring the department to develop and
1004 submit to the Governor and Legislature a report with
1005 certain specifications; requiring the department to
1006 submit to the Governor and Legislature a report
1007 regarding department districts; creating s. 332.136,
1008 F.S.; establishing an airport pilot program at the
1009 Sarasota Manatee Airport Authority; providing purpose
1010 of the pilot program; requiring the department to
1011 adopt rules; requiring the department, by a specified
1012 date, to submit a report to the Governor and the
1013 Legislature for specified purposes; providing for
1014 repeal on a specified date; amending s. 348.0304,
1015 F.S.; revising membership of the governing body of the
1016 Greater Miami Expressway Agency;
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Page 41 of 41
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 567 (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 Alvarez, D. offered the following:
4
5 Amendment to Amendment (879435) by Representative McFarland
6
7 Remove lines 799-803 of the amendment and insert:
8 (2) The program shall consist of an advanced traffic
9 management platform that uses state-of-the-art technology to
10 deliver accurate detection in all weather conditions, offering
11 fully integrated stop bar and advance detection management to
12 improve safety and vehicle movement at intersections, including
13 pedestrian protection. In addition to supporting time-

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Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 567 (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 Cross offered the following:
4
5 Amendment to Amendment (879435) by Representative McFarland
6 (with title amendment)
7 Between lines 95 and 96 of the amendment, insert:
8 Section 6. Section 316.88, Florida Statutes, is created to
9 read:
10 316.88 Creation of a wake on streets or highways.—A person
11 may not operate a motor vehicle, vessel, or any other conveyance
12 at a speed that creates an excessive wake on a flooded or
13 inundated street or highway.
14 Section 7. Subsection (109) of section 316.003, Florida
15 Statutes, is amended to read:

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 567 (2025)
Amendment No.

16 316.003 Definitions.—The following words and phrases, when
17 used in this chapter, shall have the meanings respectively
18 ascribed to them in this section, except where the context
19 otherwise requires:
20 (109) VEHICLE.—Every device in, upon, or by which any
21 person or property is or may be transported or drawn upon a
22 street or highway, except personal delivery devices, mobile
23 carriers, and devices used exclusively upon stationary rails or
24 tracks.
25
26
27 -----------------------------------------------------
28 T I T L E A M E N D M E N T
29 Between lines 921 and 922 of the amendment, insert:
30 s. 316.88, F.S., prohibiting excessive wakes under
31 certain circumstances; amending s. 316.003, F.S.;
32 relating to definitions; creating

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Page 2 of 2
HB 827
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 827 COMPANION BILL: SB 936 (Davis)
TITLE: Statewide Study on Automation and Workforce LINKED BILLS: None
Impact RELATED BILLS: None
SPONSOR(S): Spencer
Committee References
Careers & Workforce Transportation & Economic Education & Employment
17 Y, 0 N  Development Budget 

SUMMARY
Effect of the Bill:
The bill requires the Bureau of Workforce Statistics and Economic Research (WSER) to study the economic impact
of automation, artificial intelligence (AI), and robotics on employment in Florida, focusing on job losses and gains
due to AI and automation. The study will analyze projected job displacement, vulnerable geographic regions, at-risk
demographics, wage impacts, economic benefits, workforce training, policy recommendations, and the rate and
scale of job loss caused by AI compared to other forms of automation.

The bill authorizes WSER to consult with business, academic, and local economic experts to complete the study.
Additionally, the bill requires WSER to submit a report to the Governor, Senate President, and House Speaker by
December 1, 2025, with updates every three years.

Fiscal or Economic Impact:
The fiscal impact of the bill is indeterminate, but the cost of the study will be absorbed within the existing resources
of the Department of Commerce.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill requires the Bureau of Workforce Statistics and Economic Research (WSER) of the Department of
Commerce to study the economic impact of automation, artificial intelligence (AI), and robotics on employment in
the state, with a specific focus on job losses and gains due to AI and automation.

The bill requires the study to analyze:
• Industries most affected and projected job displacement over the next 10 years, particularly due to use of
AI.
• Geographic regions within the state most vulnerable to job loss or displacement.
• Demographics of workers most at risk.
• Impact on wages and job quality in key job sectors.
• Economic benefits, including productivity growth and job creation.
• Workforce training programs addressing job loss or displacement.
• Policy recommendations for workforce resilience, including education and retraining investments.
• The rate and scale of job loss or displacement caused specifically by AI compared to other forms of
automation.

The bill authorizes the WSER to consult with:
• Business and industry representatives.
STORAGE NAME: h0827b.TED
DATE: 4/9/2025
1
• Academic institutions with labor economics expertise.
• Local economic councils and chambers of commerce.
• Any groups the WSER deems necessary to complete the study.

The bill requires the WSER submit a report of its findings and recommendations to the Governor, the President of
the Senate, and the Speaker of the House of Representatives by December 1, 2025, and every 3 years thereafter.
The WSER must conduct the study every 3 years to assess the impact of automation on the workforce and update
policy recommendations.

The bill incorporates the federal definition for AI.

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The fiscal impact of the bill is indeterminate, but the cost of the study will be absorbed within the existing
resources of the Department of Commerce.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Bureau of Workforce Statistics and Economic Research (WSER)

The WSER operates within the Florida Department of Commerce. The mission of WSER is to produce, analyze and
deliver economic data to improve decision-making. WSER collects and reports Florida’s key economic indicators,
including labor force statistics, employment trends, and unemployment rates. Using employer surveys,
econometric modeling, and administrative records, WSER provides accurate and comparable data. WSER also
provides economic research services, including customized reports, GIS mapping, economic impact analysis, and
training resources to support workforce and business development. 1

Artificial Intelligence (AI)
AI refers to computer systems capable of performing complex tasks that historically only a human could do, such
as reasoning, decision-making, or problem-solving. AI encompasses a broad range of technologies that power
everyday services and products, from recommendation apps to real-time customer support chatbots. 2

Federal law defines AI to mean a machine-based system that can, for a given set of human-defined objectives, make
predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems
use machine and human-based inputs to:3
• perceive real and virtual environments;
• abstract such perceptions into models through analysis in an automated manner; and
• use model inference to formulate options for information or action.

OTHER RESOURCES:
McKinsey Global Institute: Workforce Transitions In A Time Of Automation (2017)
The SREB Region’s Economic Outlook – The Potential Impact of Automation and AI

1 Florida Commerce, Bureau of Workforce Statistics and Economic Research (WSER), About WSER,

https://www.floridajobs.org/wser-home/about-wser (last visited Mar. 20, 2025). See also, s. 20.60, F.S.
2 Coursera, What is Artificial Intelligence? Definition, Uses, and Types, https://www.coursera.org/articles/what-is-artificial-

intelligence (last visited Mar. 30, 2025).
3 15 U.S.C. s. 9401(3).

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Careers & Workforce 17 Y, 0 N 3/31/2025 Kiner Dixon
Subcommittee
Transportation & Economic Davis Davis
Development Budget
Subcommittee
Education & Employment
Committee

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 827 2025

1 A bill to be entitled
2 An act relating to a statewide study on automation and
3 workforce impact; defining the term "artificial
4 intelligence"; requiring the Bureau of Workforce
5 Statistics and Economic Research of the Department of
6 Commerce to study the economic impact of automation,
7 artificial intelligence, and robotics on employment in
8 the state; specifying contents of the study;
9 authorizing the bureau to consult with specified
10 entities to complete the study; requiring the bureau
11 to submit to the Governor and Legislature a report by
12 a specified date; requiring the bureau to conduct this
13 study at specified intervals of time; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Statewide Study on Automation and Workforce
19 Impact.—
20 (1) As used in this section, the term "artificial
21 intelligence" or "AI" means a machine-based system that can, for
22 a given set of human-defined objectives, make predictions,
23 recommendations, or decisions influencing real or virtual
24 environments. An artificial intelligence system uses machine and
25 human-based inputs to:

Page 1 of 3

CODING: Words stricken are deletions; words underlined are additions.
hb827-00
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 827 2025

26 (a) Perceive real and virtual environments.
27 (b) Abstract perceptions into models through analysis in
28 an automated manner.
29 (c) Model inferences to formulate options for information
30 or action.
31 (2) The Bureau of Workforce Statistics and Economic
32 Research of the Department of Commerce shall study the economic
33 impact of automation, AI, and robotics on employment in the
34 state, with a specific focus on job losses and gains due to AI
35 and automation.
36 (3) The study shall analyze:
37 (a) Industries most affected and projected job
38 displacement over the next 10 years, particularly due to use of
39 AI.
40 (b) Geographic regions within the state most vulnerable to
41 job loss or displacement.
42 (c) Demographics of workers that are most at risk.
43 (d) Impact on wages and job quality in key job sectors.
44 (e) Economic benefits, including productivity growth and
45 job creation.
46 (f) Workforce training programs addressing job loss or
47 displacement.
48 (g) Policy recommendations for workforce resilience,
49 including education and retraining investments.
50 (h) The rate and scale of job loss or displacement caused

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CODING: Words stricken are deletions; words underlined are additions.
hb827-00
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 827 2025

51 specifically by AI compared to other forms of automation.
52 (4) The bureau may consult with:
53 (a) Business and industry representatives.
54 (b) Academic institutions with labor economics expertise.
55 (c) Local economic councils and chambers of commerce.
56 (d) Any groups the bureau deems necessary to complete the
57 study.
58 (5) The bureau must submit to the Governor, the President
59 of the Senate, and the Speaker of the House of Representatives a
60 report of its findings and recommendations by December 1, 2025,
61 and every 3 years thereafter pursuant to subsection (6).
62 (6) The bureau must conduct the study every 3 years to
63 assess automation's impact on the workforce and to update its
64 policy recommendations.
65 Section 2. This act shall take effect July 1, 2025.

Page 3 of 3

CODING: Words stricken are deletions; words underlined are additions.
hb827-00
CS/HB 1535
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 1535 COMPANION BILL: CS/SB 180 (DiCeglie)
TITLE: Emergencies LINKED BILLS: None
SPONSOR(S): McFarland RELATED BILLS: None
Committee References
Natural Resources & Disasters Transportation & Economic State Affairs
17 Y, 0 N, As CS  Development Budget 

SUMMARY
Effect of the Bill:
The bill amends various provisions related to emergency management to improve the state’s ability to respond to
and recover from natural emergencies, including hurricanes. The bill requires each county and municipality to post
certain information pertaining to storm preparation and recovery online, including a post-storm permitting plan
and recovery guide. It requires local government personnel who perform key post-disaster response activities to
complete a training every two years. The bill requires the Division of Emergency Management (DEM) to assist local
governments by creating a template for emergency management plans and guidance on the creation of mutual aid
agreements. The bill creates new provisions relating to debris removal, including requiring DEM to assist fiscally
constrained counties with debris removal from roadways. The bill amends various provisions related to shelters to
ensure shelter needs are addressed at the county level. The bill prohibits certain local government actions post-
hurricane that place a moratorium or other restrictions on development and creates a statewide substantial
improvement lookback period for purposes of the National Flood Insurance Program. The bill creates crane safety
procedures to prepare for hurricane impacts. The bill also updates emergency election procedures, including
provisions relating to early voting, voting-by-mail, ballot intake stations, and poll worker requirements.

Fiscal or Economic Impact:
This bill creates new responsibilities and requirements for DEM, the Department of State, the Department of
Transportation, local governments, and Supervisors of Elections relating to emergency preparedness and response.
The impact of these provisions is indeterminate. This bill contains no appropriations and it is anticipated that any
workload or need for increased expenditures will be absorbed within existing department or local operational
resources.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Emergency Management
The bill amends various provisions related to emergency management. Specifically, the bill requires the Division of
Emergency Management (DEM) to:
• Develop a template for comprehensive emergency management plans, including plans for natural disasters,
and guidance on the development of mutual aid agreements as part of its efforts to assist local governments
in preparing for emergencies. (Section 11)
• Complete an inventory of disaster response equipment, including portable generators, owned by the state
and local governments. (Section 11)
• Take steps to maximize the availability and expedite the distribution of financial assistance from the
federal government to state and local agencies. (Section 15)

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1
The bill requires each county and municipality to post certain information related to emergency response and
preparation on its publicly accessible website, including:
• A frequently asked questions related to natural emergency response, emergency preparedness, and public
relief for residents following an emergency.
• A disaster supply list and a list of emergency shelters.
• Links to information about flood zones.
• A checklist for residents explaining the next steps to take during post-disaster recovery. (Section 20)

Beginning October 1, 2025, the bill requires the emergency management personnel of each county or municipality
and individuals who perform key roles in post-disaster response to complete training provided by DEM every two
years. (Section 20)

To facilitate coordination with DEM, the bill requires each agency emergency coordination officer and each local
government emergency contact, which includes the county emergency management director, to be identified by
May 1 annually. (Sections 14 and 18)

The bill requires all state and local government contracts for goods or services related to emergency response
entered into, renewed, or amended on or after July 1, 2025, include a provision that, upon breach during an
emergency recovery period, the contractor is required to pay actual and consequential damages and a $5,000
penalty. The bill defines “emergency recovery period” as the one-year period that begins on the date that the
Governor initially declared a state of emergency for a natural emergency. (Section 23)

Debris Management
The bill creates several new provisions related to debris management. Specifically, the bill:
• Requires DEM to coordinate with fiscally constrained counties included within a declared state of
emergency for a natural emergency and the Department of Transportation to remove debris from
roadways, including roadways that are publicly accessible but not maintained by the county. (Section 21)
• Encourages local governments to add an addendum to existing solid waste contracts or franchise
agreements for the collection of storm-generated debris. (Section 25)
• Requires each county and municipality to apply to the Department of Environmental Protection (DEP) for
authorization for at least one debris management site and annually seek preauthorization for such site. The
bill allows a municipality to jointly apply with a county or an adjacent municipality if the parties develop
and approve a memorandum of understanding. (Section 25)

Hoisting Equipment and Crane Safety
When a tower or mobile crane is on a worksite, the bill requires a hurricane preparedness plan for that crane to be
available for inspection. The bill provides emergency procedures and practices for hoisting devices and tower
cranes that must occur 24 hours before the anticipated impacts of a hurricane. Finally, it provides that a contractor
who violates these safety provisions is subject to discipline by the Department of Business and Professional
Regulation (DBPR). (Section 26)

Rebuild and Repair
The bill lays out several new provisions that address repair and rebuilding after a natural disaster. The bill:
• Requires each county and municipality to develop a post-storm permitting plan to expedite recovery and
rebuilding by providing for special building permit and inspection procedures after a hurricane or tropical
storm. The plan must ensure sufficient personnel are prepared and available for building inspection,
permitting, and enforcement tasks; account for multiple or alternate locations where building permit
services may be offered; and specify a protocol to expedite permits and, if practicable, for the waiver or
reduction of fees. (Section 20)
• Requires each county and municipality to publish a hurricane and tropical storm recovery permitting guide
to assist homeowners in determining the types of post-storm repairs that require a permit, the types of
repairs that do not require a permit, and the permitting process. (Section 20)
• Prohibits a county or municipality within an area where a state of emergency for a hurricane or tropical
storm has been declared from increasing a building permit or inspection fee for 180 days. (Section 20)

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
• Requires DEM to consult with local governments, DBPR, DEP, and any other appropriate agencies to
develop recommendations for statutory changes necessary to streamline the permitting process for
repairing and rebuilding structures damaged during natural emergencies. These recommendations must be
presented to the President of the Senate and the Speaker of the House of Representatives by July 1, 2026.
(Section 27)
• Prevents a local government, school district, or special district from assessing an impact fee for the
reconstruction or replacement of a previously existing structure if the replacement structure is of the same
land use as the original structure. However, if a jurisdiction uses a tiered scale to assess, it may assess an
impact fee equal to the impact fee for the replacement structure less the impact fee for the original
structure. (Section 7)
• Requires each county and municipality directly impacted by a natural emergency to use its best efforts to
open a permitting office as soon as reasonably possible where residents can access government services for
at least 40 hours per week. (Section 20)
• Requires each county and municipality to provide an online option for receiving, reviewing, and accessing
substantial damage and substantial improvement letters. The county or municipality must allow a
homeowner to provide an email address to obtain these digital copies. (Section 20)

For homestead property assessments for homes that have been damaged or destroyed by misfortune or calamity,
the bill provides that maintenance or repair of the homestead property, including roof or window replacement,
may not be considered a change, an addition, or an improvement. It also provides that the assessment should
remain at the property’s assessed value as of the January 1 immediately before the date on which the property was
damaged or destroyed when the square footage as changed or improved does not exceed 130 percent of the square
footage before the damage or destruction or the total square footage does not exceed 2,000 square feet, rather than
110 percent and 1,500 square feet. (Section 8)

For a local government that is participating in the National Flood Insurance Program (NFIP), the bill provides that
the local government may not adopt a cumulative substantial improvement period (also known as “lookback”
period”) that is longer than one year. The bill defines “cumulative substantial improvement period” as the period
during which an aggregate of improvements or repairs are considered for purposes of determining substantial
improvement. (Section 6)

For two years after a hurricane makes landfall, the bill prohibits a local government located entirely or partially
within 100 miles of a hurricane’s track from proposing or adopting:
• A moratorium on construction, reconstruction, or redevelopment of any property;
• A more restrictive or burdensome amendment to its comprehensive plan or land development regulations;
or
• A more restrictive or burdensome procedure concerning review, approval, or issuance of a site plan,
development permit, or development order. (Section 22)

If these provisions are not followed, the bill provides a procedure for a person to file suit against a local
government for declaratory and injunctive relief. Before a plaintiff can sue, however, the plaintiff must provide the
local government 14 days to withdraw or revoke the action or otherwise declare it void. Ultimately, if the matter is
resolved after a suit, the prevailing plaintiff is entitled to reasonable attorney fees and costs. (Section 22)

For Hurricane Debby, Hurricane Helene, and Hurricane Milton, the bill provides similar prohibitions on
construction moratoriums and burdensome or restrictive comprehensive plan amendments. The provisions apply
until October 1, 2027, and are applied retroactively to August 1, 2024. (Section 28)

Shelters
The bill provides that for purposes of the Hurricane Loss Mitigation Program, DEM must prioritize the use of funds
for shelters located in counties, rather than regional planning councils, that have a shelter deficit, and for projects
that are publicly owned, other than schools. (Section 9)

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
The bill requires the state comprehensive emergency management plan to include a shelter component that, at a
minimum, contains strategies to ensure the availability of adequate public shelter space in each county, rather than
in each region of the state. (Section 11)

The bill adds the Department of Veterans’ Affairs to the list of entities that must provide registry information to
their special needs clients or caregivers. (Section 12)

The bill requires DEM to submit a shelter report to the Governor and Legislature annually, rather than biennially,
that projects the shelter needs of the state for the next five years. It requires the Department of Health and the
Agency for Persons with Disabilities to assist DEM with the report in determining the estimated need for special
needs shelter space, including space to accommodate persons with developmental disabilities such as autism.
(Section 19)

Hazard Mitigation Grant Program
The bill provides that DEM must administer the Hazard Mitigation Grant Program as authorized and described by
the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act. The bill provides that DEM may not
retain more than 25 percent of the total federal allocation of funds received. A minimum of 75 percent of the funds
must be distributed to the subrecipients in the counties specified in the Presidential Disaster Declaration for that
disaster. However, the bill allows a subrecipient to elect to share some or all of its allocation with DEM to be used
for projects benefiting the region. The bill provides that DEM and subrecipients must prioritize projects that
reduce shelter space deficits; mitigate impacts to public infrastructure; mitigate impacts to school facilities; retrofit
regional and local emergency management or operations centers; or that are identified by DEM rule. (Section 16)

Financing
The bill provides that if DEM intends to accept or apply for federal funds for a DEM-administered program that is
new, that will be implemented in a manner that is innovative or significantly different from the manner in which
the program is typically administered, or that will require a state match for which DEM will be required to seek
new budget authority, DEM must notify the Legislature of its intent to accept or apply for the federal funds.
(Section 15)

Audits
The bill amends provisions relating to audits of emergency management expenditures. The bill requires all
contracts executed to support the response to a declared state of emergency to be posted on the secure contract
tracking system. It also requires DEM, annually by January 15, to report to the Legislature on the expenditures
related to emergencies incurred over the past year, including a summary of the event, detailed expenditures, and
an accounting of all inventory and assets purchased. (Section 13)

Medical Officer Authorization
The bill provides that a servicemember trained to provide medical care who is assigned to a military duty position
and authorized by the Florida National Guard to provide medical care may provide such care to military personnel
and civilians within the state. (Section 10)

Access to Unusable Property
The bill provides that when a rented premise is damaged or destroyed so that the enjoyment of the premise is
substantially impaired, other than by wrongful or negligent act of the tenant, the tenant must be given an
opportunity to collect his or her belongings or notice of a date by which the tenant will be able to do so.
(Section 1)

Emergency Elections Procedures
The bill provides additional flexibility to county supervisors of elections (supervisors) in responding to a natural
emergency that occurs within 60 days of an election. If the Governor declares a state of emergency for a natural
emergency within that period, the bill provides that a supervisor within an affected area, as designated in the
declaration, may take the following actions as needed:

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4
• Change the location of designated early voting sites; the supervisor must notify the Division of Elections
(division) within the Department of State of the new address of each early voting site and the hours during
which early voting will occur at each site.
• Request approval from the Secretary of State to designate early voting sites at a location type not
specifically authorized in law.
• Allow early voting to occur the day before the election.
• Allow election day voting to occur at early voting sites.
• Designate additional secure ballot intake stations; the supervisor must immediately notify the division of
the location of the additional secure ballot intake stations.
• Send a vote-by-mail (VBM) ballot to a voter who requests a ballot:
o By a written request that lacks a voter’s signature or by a method other than the voter’s written
request.
o To an address other than the address listed in the statewide voter registration system.
o By forwardable mail (instead of the current requirement that it be by non-forwardable mail).
o As soon as practicable, rather than within two business days after receiving a request.
• Appoint poll workers who have not met the standard poll worker training requirements if the supervisor
finds that a shortage of poll workers exists within the county and each available poll worker received, at a
minimum, the requisite training within two years preceding the election.
• Suspend the requirement that each poll worker be a registered (or preregistered) voter of the county in
which the member is appointed, and allow supervisors to appoint poll workers who are registered voters
of the state but not of the impacted county. (Section 3)

The bill requires the supervisor to use any method necessary to inform affected voters of changes to elections
made under the emergency powers granted in the bill. (Section 3)

The bill modifies the statewide election emergency contingency plan to specifically include procedures for
responding to emergencies generally, rather than just procedures addressing the suspension or delay of an
election. The bill reorganizes but maintains the provisions of current law related to election procedures after the
suspension, delay, or rescheduling of an election and adds the following requirements for the contingency plan:
• Ensure that necessary parties are notified of any changes impacting an election that has been affected by an
emergency.
• Ensure that an election that has been affected by an emergency is conducted in a safe and orderly manner.
• Determine the safety of existing polling places or designated additional polling places in coordination with
the appropriate emergency management officials.
• Release and certify returns to the division for elections affected by an emergency.
• Coordinate efforts between supervisors in affected and unaffected counties to ensure voting opportunities
for affected voters, including ensuring the delivery of VBM ballots to law enforcement officers, military
personnel, first responders, and utility line workers. (Section 4)

The bill also requires each supervisor to develop, in consultation with local emergency management officials, a
local election emergency contingency plan. The plan must be submitted to the division by May 1 of every odd-
numbered year and the division must determine whether each plan is sufficient by May 30. (Section 4)

The bill requires the Secretary of State, in coordination with the supervisors, to develop an election emergency
training program; the training must be updated at least once every four years. This training is required for newly
elected or appointed supervisors and any critical staff, as determined by the supervisor. Additionally, the bill
requires the Secretary of State to convene a workgroup to create a list of best practices for conducting an election
during an emergency by June 1 of every odd-numbered year. The workgroup must include at least 10 current
supervisors and, to aid in the development of the best practices, must participate in tabletop simulation exercises 1
involving election emergency scenarios. (Section 5)

1 This bill defines "tabletop exercise" as “a session in which participants are guided through possible scenarios and discuss

their roles and responsibilities if such a scenario occurs, as well as how they would respond to such a scenario.”
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5
Using the best practices developed by the workgroup, the Secretary of State must incorporate practices applicable
to all counties into the statewide election emergency contingency plan and recommend practices applicable to
specific counties to the appropriate supervisor for inclusion in the supervisor's local election emergency
contingency plan. (Section 5)

Effective Date
The bill will take effect upon becoming a law. (Section 30)

RULEMAKING:
The bill requires the Department of State to adopt rules to develop criteria to determine whether a local election
emergency contingency plan is sufficient.

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill requires DEM to develop a template for comprehensive emergency management plans, including plans for
natural disasters, and guidance on the development of mutual aid agreements as part of its efforts to assist local
governments in preparing for emergencies. The fiscal impact of this provision is indeterminate but is expected to
be absorbed within existing department resources. The bill also requires DEM to complete an inventory of disaster
response equipment owned by the state and local governments in addition to portable generators which DEM is
currently required to inventory. To the extent DEM does not have a record of its equipment, the division must
complete this inventory. While the impact of this workload is indeterminate it is expected to be absorbed within
existing resources. The DEM has not provided a fiscal impact or policy analysis for this bill.

The bill requires the Department of Transportation to assist with the removal of debris from roadways, including
roadways that are publicly accessible but not county maintained. The impact of this provision is indeterminate and
likely significant. However, the state has borne the cost of debris removal for some local governments after storms
in recent years so this provision may not necessarily increase state expenditures beyond current spending
practices. The FDOT has not provided a fiscal impact or policy analysis for this bill.

The bill prescribes additional responsibilities for the Department of State including: developing an election
emergency training program and convening a workgroup to create a list of best practices for conducting an
election during an emergency. The impact of these provisions is indeterminate but expected to be absorbed within
existing operational resources. The DOS has not provided a fiscal impact or policy analysis for this bill.

LOCAL GOVERNMENT:
The bill will have an indeterminate fiscal impact on local government expenditures. The bill requires emergency
management training and increased transparency by local governments for emergency response activities. Local
governments may have to absorb the costs of upgrading databases to comply with the requirements of the bill. The
bill also requires local governments to develop a post-storm permitting plan to expedite recovery. The bill also
directs DEM to establish maximum rates for debris removal services, which may lower the costs paid by local
governments for such services. For fiscally constrained counties, the bill requires DEM and the Department of
Transportation to assist with the removal of debris from roadways, including roadways that are publicly accessible
but not county maintained. The bill also requires each supervisor to develop a local election emergency
contingency plan.

PRIVATE SECTOR:
The bill may have a positive, yet indeterminate fiscal impact on private sector businesses that engage in
construction related services. The bill encourages streamlining of permitting, transparency, and access to permit
locations post-storm, and prohibits certain local government development restrictions.

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6
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Emergency Management
The State Emergency Management Act (act) governs emergency management and establishes the legal framework
for the state’s emergency management activities. The act confers upon the Governor, the Division of Emergency
Management (DEM), and the governing body of each county and municipality certain emergency powers in the
event of emergencies and disasters resulting from natural, technological, or human causes to ensure preparations
of the state will be adequate to deal with, reduce vulnerability to, and recover from such emergencies and
disasters; to provide for the common defense and to protect the public peace, health, and safety; and to preserve
the lives and property of the people of the state. 2

The act authorizes the Governor to assume or delegate direct operational control over all or any part of emergency
management functions in the event of an emergency. 3 This authority includes issuing executive orders,
proclamations, and rules that have the force and effect of law. 4 The act specifically authorizes the Governor to use
all resources of state government and each political subdivision of the state as reasonably necessary to cope with
the emergency. 5 In addition, the act authorizes the Governor to:
• Suspend the provisions of any regulatory statute prescribing the procedures for the conduct of state
business or the orders or rules of any state agency, if strict compliance would in any way prevent, hinder,
or delay necessary action in coping with the emergency.
• Transfer the direction, personnel, or functions of state departments and agencies or units thereof to
perform or facilitate emergency services.
• Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and
combustibles; however, the Governor may not seize, take, or confiscate firearms that are lawfully
possessed, unless a person is engaged in the commission of a criminal act.
• Make provision for the availability and use of temporary emergency housing.
• Take effective measures for limiting or suspending lighting devices and appliances, gas and water mains,
electric power distribution, and all other utility services in the general public interest.
• Take measures concerning the conduct of civilians, the movement and cessation of movement of
pedestrian and vehicular traffic at certain times, the calling of public meetings and gatherings, and the
evacuation and reception of the civilian population, as provided in the emergency management plan of the
state and counties and municipalities.
• Authorize businesses and their employees who sell commodities to exceed the times of curfews for
ensuring that the supply of commodities is made available to the public and direct local law enforcement to
assist and accommodate those businesses and their employees in ensuring that commodities are available
in coping with the emergency. 6

The Governor must delegate emergency responsibilities to officers and agencies of the state and to counties and
municipalities prior to an emergency or threat of an emergency and must use the services and facilities of existing
officers and agencies of the state and of the political subdivisions thereof as the primary emergency management
forces of the state. All such officers and agencies must cooperate with and extend their services and facilities to
DEM, as it may require. 7

Division of Emergency Management

DEM is responsible for all professional, technical, and administrative support functions necessary to carry out its
responsibilities and emergency powers under the act. DEM must administer programs to rapidly apply all available

2 S. 252.32, F.S.
3 S. 252.36(1)(a), F.S.
4 S. 252.36(1)(b), F.S.
5 S. 252.36(6), F.S.
6 Id.
7 S. 252.36(9), F.S.

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7
aid to communities stricken by an emergency. 8 DEM must maintain the statewide comprehensive plan for
emergency management and coordinate efforts of the Federal Government with state and local government and
private agencies. 9 In addition, DEM is responsible for:
• Adopting standards and requirements for county emergency management plans, assisting counties and
municipalities in preparing and maintaining the plans, and periodically reviewing the plans for consistency
with state standards.
• Cooperating with the President, the heads of the Armed Forces, and various federal emergency
management agencies.
• Implementing training programs to improve the ability of state and local emergency management
personnel to prepare and implement emergency management plans and programs. The training must
include a continuous training program for agencies and individuals that will be called on to perform key
roles in state and local post-disaster response and recovery efforts and for local government personnel on
federal and state post-disaster response and recovery strategies and procedures.
• Prioritizing technical assistance and training to fiscally constrained counties on aspects of safety measures,
preparedness, prevention, response, recovery, and mitigation relating to natural disasters and
emergencies.
• Planning for and either procuring supplies, medicines, materials, and equipment or entering into a
memorandum of agreement or open purchase orders to ensure the availability of such supplies.
• Reporting biennially to the Governor and Legislature on the status of emergency management capabilities
of the state and its political subdivisions.
• Creating, implementing, administering, adopting, amending, and rescinding rules, programs, and plans
needed to carry out emergency management.
• Doing other things necessary, incidental, or appropriate for implementing emergency management. 10

Counties and Municipalities

Safeguarding the life and property of its citizens is an innate responsibility of the governing body of each county
and municipality of the state. Counties and municipalities have certain duties and responsibilities to provide
effective and orderly governmental control and coordination of emergency operations, including a requirement
that counties adopt an emergency management plan that is coordinated and consistent with the state’s
comprehensive emergency management plan and program. 11

Counties must establish a local emergency management agency that serves the entire county. The director of the
local emergency management agency must coordinate emergency management activities, services, and programs
within the county and must serve as liaison to DEM and other local emergency management agencies. Each local
emergency management agency must perform emergency management functions within the county in accordance
with state and county emergency management plans and pursuant to the act. 12

Counties and municipalities have the authority to declare a state of local emergency if an emergency affects only
one political subdivision, which triggers the ability to request state assistance or invoke emergency-related
mutual-aid assistance. The duration of a local state of emergency is seven days, but may be extended in seven-day
increments as necessary. 13

Counties and municipalities may make, amend, and rescind orders and rules as are necessary for emergency
management purposes that are not inconsistent with any orders or rules adopted by DEM or by any state agency
exercising a power delegated to it by the Governor or DEM. 14 All orders and rules adopted by any county or
municipality have the full force and effect of law when filed in the office of the clerk or recorder of the political
subdivision; however, any order or rule inconsistent with the act or the Florida Emergency Planning and

8 S. 252.35(2), F.S.
9 S. 252.35(1), F.S.
10 S. 253.35, F.S.
11 S. 253.38, F.S.
12 S. 253.38(1), F.S.
13 S. 252.38(3)(a)5, F.S.
14 S. 252.46(1), F.S.

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8
Community Right-to-Know Act will be suspended to the extent that such conflict exists. 15 Furthermore, any person
violating any rule or order issued pursuant to either act is guilty of a second-degree misdemeanor and may be
punished by a term of up to 60 days in jail and fines up to $500. 16

To carry out these emergency functions, counties and municipalities can receive advanced training for
comprehensive approaches to managing emergency and disaster incidents from DEM or from the Federal
Emergency Management Agency (FEMA). In addition, last year, the Legislature created minimum education,
experience, and training standards for all county emergency directors. 17 Specifically, by June 30, 2026, each county
emergency management director must meet the following minimum training and education qualifications:
• Fifty hours of training in business or public administration, business or public management, or emergency
management or preparedness. A bachelor’s degree may be substituted for this training requirement.
• Four years of verifiable experience in comprehensive emergency management services, including
improving preparedness for emergency and disaster protection, prevention, mitigation, response, and
recovery. This must include direct supervisory responsibility for at least one emergency or disaster. 18
• Completion of 150 hours of comprehensive emergency management training provided through or
approved by FEMA or its successor, including completion of the specified National Incident Management
System (NIMS) courses. 19 All required training must be completed no earlier than 10 years preceding a
person’s appointment as a county director, regardless of whether it is an initial appointment or a
reappointment.
• A valid driver license. If the license is not issued by Florida, the director must obtain a Florida driver license
within 30 days after being appointed as director. 20

Shelters

DEM must prepare a Statewide Emergency Shelter Plan (SESP) by January 31 of each even-numbered year. 21 The
SESP must identify the general location and square footage of existing general population and special needs shelter
space, by regional planning council region, and projected space needs during the next five years. 22 DEM also
maintains a special needs registry; individuals can register through a website maintained by the Department of
Health. 23

Hurricane Loss Mitigation Program

In 1999, the Legislature created the Hurricane Loss Mitigation Program within DEM to fund programs for
improving the wind resistance of residences and mobile homes. 24 The program is funded by an annual
appropriation of $10 million from the Florida Hurricane Catastrophe Fund. 25 Of that money, $3 million must be
directed toward retrofitting existing facilities used as public hurricane shelters. DEM must prioritize the use of the
funds for projects included in the annual shelter retrofit report. On January 1 of each year, DEM must submit an

15 S. 252.46(2), F.S.
16 S. 252.50, F.S.
17 CS/CS/HB 1567 (2024), which was codified in s. 252.38, F.S.
18 A master’s degree in one or more certain specified fields may be substituted for two years of the required experience, but

not for the required supervisory experience. Alternatively, a valid accreditation as a Certified Master Exercise Practitioner by
FEMA, a Certified Emergency Manager, or a Florida Professional Emergency Manager may substitute for the required
experience but the accreditation must be kept in good standing until the actual time and experience requirements may be
satisfied.
19 The Emergency Management Institute, run by FEMA, is the primary center for developing and delivering emergency

management training nationally, emphasizing programs such as NIMS. NIMS is intended to apply across all jurisdictional levels
and functional disciplines for the management of all potential incidents, hazards, and impacts regardless of size, location, or
complexity.
20 S. 252.38, F.S.
21 S. 252.385(2)(b), F.S.
22 Id.
23 S. 252.355, F.S.
24 Chapter 99-305, L.O.F.; codified as s. 215.559, F.S.
25 S. 215.559, F.S.

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9
annual report and accounting of activities under the program and an evaluation of the activities. The program
expires on June 30, 2032. 26

Audits

When an emergency exceeds 90 days, contracts executed by the Executive Office of the Governor or the
appropriate agency to support the response to the declared state of emergency must be submitted to the
Legislature within 72 hours. 27 For contracts executed within the first 90 days of the emergency being declared,
such contracts must be submitted to the Legislature within 120 days of the declaration. The Executive Office of the
Governor or the appropriate agency must submit monthly reports to the Legislature of all state expenditures,
revenues received, and funds transferred by an agency during the previous month to support the emergency. Once
an emergency exceeds one year, the Auditor General must conduct a financial audit of all associated expenditures
and a compliance audit of all associated contracts entered into during the declared emergency. The audit must be
updated annually until the emergency has ended. 28

Elections
The Division of Elections (division) within the Department of State (DOS) provides “administrative support to the
Secretary of State, Florida’s Chief Election Officer, to ensure that Florida has fair and accurate elections.” Through
its bureaus, it ensures compliance with the election laws, provides statewide coordination of election
administration, and promotes public participation in the electoral process. The division also provides support to
county supervisors of elections (supervisors) in their duties, including providing technical support. 29

Each supervisor is responsible for registering eligible voters and maintaining the voter rolls. 30 The supervisor is
also responsible for managing the logistics of general, primary, and special elections. 31 These duties include:
• Providing recommendations to the board of county commissioners in drawing election precincts for the
county and transmitting information to the Department of State. 32
• Ensuring the security and maintenance of voting equipment. 33
• Publishing a sample ballot in a newspaper of general circulation. 34
• Appointing poll workers to serve as clerks or inspectors for each precinct of the county. 35
• Conducting training for inspectors, clerks, and deputy sheriffs in their duties and responsibilities as
election officials. 36
• Informing the clerk of each polling location about the area in which soliciting is unlawful. 37
• Creating the form for tabulation of votes and proclamation of results. 38
• Serving as a member of the county canvassing board. 39
• Presenting the certification of election to the winning candidate. 40

On the local level, among other elections-related duties, supervisors (and municipal clerks) are authorized to
request that the Governor suspend or delay an election. The supervisor or municipal clerk should communicate

26 Id.
27 S. 252.3611, F.S.
28 Id.
29 Florida Department of State, About Us, available at https://dos.fl.gov/elections/about-us/ (last visited Mar. 3, 2025).
30 S. 98.015, F.S.
31 See generally Chapter 102, F.S.
32 S. 101.001, F.S.
33 Ss. 101.015 and 101.5612, F.S.
34 S. 101.20, F.S.
35 S. 102.012(1)(a), F.S.
36 S. 102.014(1), F.S.
37 S. 102.031(4)(c), F.S. “Soliciting” includes, but is not limited to, seeking votes, facts, opinions, or contributions; distributing

political or campaign materials, leaflets, and handouts; conducting an unauthorized poll; seeking signatures on a petition; and
selling any item. S. 102.031(4)(b), F.S.
38 S. 102.071, F.S.
39 S. 102.141, F.S.
40 S. 102.155, F.S.

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10
with their county emergency management agency the need to suspend or delay an election in order to expedite a
decision request to the Governor to suspend or delay. 41

The Elections Emergency Act

Primary and general elections occur in August and November of every even-numbered year, respectively. The
peak of the Atlantic hurricane season is mid-August to mid-October. 42 As Florida is particularly vulnerable
to hurricanes given its location, it is certain that these two events — elections and hurricanes coincide.
Such confluence has occurred twice in recent history: in 2018, Hurricane Michael made landfall less than a
month before the scheduled general election, while in 2022, Hurricane Ian made landfall a little more than a
month before the election. The COVID-19 pandemic presented an emergency of an entirely different kind, but
one that also affected imminent elections.

In 1992, Florida voters approved Amendment 2 to the Florida Constitution that specifically allows a general
election 43 to be suspended or delayed due to a state of emergency or impending emergency. 44 The amendment
requires any such suspension or delay to be conducted pursuant to general law. The Florida Legislature
implemented the amendment by creating the Elections Emergency Act (EEA), which sets forth the parameters for
when and how an election may be suspended or delayed. The EEA permits the Governor, upon issuance of an
executive order declaring a state of emergency, to suspend or delay an election. Such an election must then be
rescheduled within either 10 days of the original date of the election or as soon as practicable. Notice of the
election must be provided to the public on certain websites or through newspaper publication or public service
announcements. 45

DOS must, under the EEA, promulgate an Elections Emergency Contingency Plan (Plan) to prescribe procedures to
state and local officials when an election has been suspended or delayed due to an emergency. 46 The Plan provides
direction to such officials in certain critical areas, such as:
• Conduct of rescheduled election: Requires supervisors to report certain information to DOS to facilitate
assistance and coordination.
• Polling places and early voting sites: Requires supervisors to determine if existing polling places and
early voting sites can be used, as well as the need and availability for alternates.
• Poll workers: Allows supervisors to appoint and train any registered Florida voter as a poll worker,
as opposed to current law that requires the poll worker to be a resident of the county he or she is serving.
• Vote-by-mail (VBM) ballots:
o Allows supervisors to establish temporary VBM sites in the affected areas or any place in the
county or city and requires such sites to be publicized through public service announcements.
o Allows any registered voter who is a resident of the affected area or who is in the affected
area providing emergency assistance to request and obtain a VBM ballot on Election Day
without having to execute an Election Day VBM Ballot Delivery Affidavit.
o Allows VBM ballots to be faxed or emailed to those from other jurisdictions providing
emergency assistance on Election Day; however, such VBM ballots may only be returned by fax. 47

Current law also allows supervisors to temporarily change polling places 48,49 if an emergency occurs in any
precinct during an election. For example, a supervisor may utilize this provision if a fire or flood occurs in a

41 Rule 1S-9.004, F.A.C.
42 National Hurricane Center, Tropical Cyclone Climatology, available at https://www.nhc.noaa.gov/climo/ (last visited Feb. 25,

2025).
43 “General election” means an election held on the first Tuesday after the first Monday in November in the even-numbered

years, for the purpose of filling national, state, county, and district offices and for voting on constitutional amendments not
otherwise provided for by law. S. 97.021(17), F.S.
44 Article VI, s. 5(a), FLA. CONST.
45 S. 101.733, F.S.
46 S. 101.733(3), F.S.
47 Chapter 1S-9, F.A.C.
48 S. 101.733(3)(b), F.S.
49 “Polling place” is the building which contains the polling room where ballots are casts. S. 97.021(29), F.S.

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11
precinct.

Hurricanes Michael and Ian

When Hurricanes Michael and Ian hit the state, elections were already underway. In both of these instances,
no elections were suspended or delayed pursuant to the EEA. Rather, through executive order, certain
provisions of the Florida Election Code were suspended and then supplemented with provisions
modifying election procedures.

COVID-19 Public Health Emergency

On March 9, 2020, the Governor issued an executive order declaring that a state of emergency existed
regarding COVID-19 and issued multiple related orders throughout the weeks that followed. Municipal
elections were scheduled to occur on April 14, 2020, in certain cities in Pasco County. Invoking the
emergency powers and the EEA, Governor DeSantis issued Executive Order 20-97, which delayed those municipal
elections. 50 Subsequently, he issued Executive Order 20-124, which rescheduled the elections for June 30, 2020. 51

Additionally, on June 17, 2020, another executive order was issued to address a different election component:
canvassing VBM ballots. Due to an anticipation of increased VBM participation, Executive Order 20-149 authorized
county canvassing boards to begin canvassing VBM ballots earlier, by waiving current law prohibiting canvassing
VBM ballots before 7 a.m. on the 22nd day before the election, and allowing such canvassing to begin upon
completion of the public testing of tabulation machines—which may occur as early as 40 days before an
election. 52,53 Further, Executive Order 20-149 also acted similar to actions taken under the Hurricane Ian Executive
Order two years later—concerning poll workers, suspending an administrative rule to authorize administrative
leave for state employees to serve as poll workers in their respective county, as well as created conditions for such
administrative leave. The executive order also addressed polling locations, encouraging all K-12 schools to be used
as precinct polling locations for both the Primary Election Day and the General Election Day. 54

National Flood Insurance Program
As most property insurance policies do not cover flooding damage, people need another way to protect their
homes, businesses, and possessions from floods. To fill this gap, the National Flood Insurance Program (NFIP) is a
FEMA-managed program where property owners and renters in participating communities can purchase
insurance against flood losses in exchange for those communities adopting and enforcing regulations to reduce
flood damage. 55 When the NFIP is looking to estimate repair costs for a damaged facility, it compares the cost of the
repair to the facility’s estimated market value before the damage occurred.

There are two assessments made by local governments for the NIFP’s determination:
• Substantial Damage: “Means damage of any origin sustained by a structure whereby the cost of restoring
the structure to its before damaged condition would equal or exceed 50 percent of the market value of
the structure before the damage occurred.”
• Substantial Improvement: “Means any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the
“start of construction’’ of the improvement. This term includes structures that have incurred ‘substantial
damage,’ regardless of the actual repair work performed. The term does not, however, include either:
o Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications that have been identified by the local code enforcement
official and that are the minimum necessary to assure safe living conditions; or

50 Fla. Exec. Order No. 20-97 (Apr. 8, 2020).
51 Fla. Exec. Order No. 20-124 (May 15, 2020).
52 N.B. The Legislature changed the law in 2021 to allow for VBM ballots to be canvassed as early as 40 days before an election.

See CS/CS/CS/SB 90 (2021).
53 Fla. Exec. Order No. 20-149 (Jun. 17, 2020).
54 Id.
55 FEMA and NFIP, National Flood Insurance Program Media Toolkit, available at

https://agents.floodsmart.gov/sites/default/files/fema-nfip-media-toolkit-10-2024.pdf (last visited Feb. 28, 2025).
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12
o Any alteration of a ‘historic structure,’ provided that the alteration will not preclude the structure’s
continued designation as a ‘historic structure.’” 56

To make the 50 percent determination, the local government compares the cost to improve or repair to the market
value of the building (excluding land, accessory structures, and landscaping). 57 If the resulting ratio equals or
exceeds 50 percent, the existing building must be brought into compliance with current local floodplain
management standards, state standards, and NFIP requirements for new construction (New Standards). 58

Cost of Improvement or Cost to Repair to Pre-Damage Condition
~ 50%
Market Value of Building
59

In addition to estimated market value, local governments can enact their own substantial improvement periods
(also known as “look back periods”), which are set periods of time where they “look back” at the amount of
permitted improvements and work on a facility when calculating its estimated market value for the 50 percent
threshold discussed above. 60 If repairs or permitted work is done during a “look back period,” then the cost of that
work decreases the amount of money needed to reach the 50 percent rule. For example, if a home is valued at
$200,000 with no permitted work, its repair costs for the NFIP would have to exceed $100,000 in order to be
forced to be brought up to these New Standards. On the other hand, if it was in a city with a “look back period” and
the homeowners had $25,000 worth of permitted work during that “look back period,” the homeowners would
only have had to spend $75,000 to trigger the 50 percent rule.

Finally, these determinations are memorialized in substantial damage and substantial improvement letters written
by the assessing local government and may be needed for claims under NFIP. 61

Hoisting Equipment and Crane Safety
Presently, the state preempts any local law or regulation, including, but not limited to, a local building code or
building permit requirement that pertains to hoisting equipment, including power-operated cranes, derricks,
hoists, elevators, and conveyors used in construction, demolition, or excavation work that the Occupational Safety
and Health Administration does not already preempt under 29 C.F.R. parts 1910 and 1926. This includes, but is not
limited to, local worksite regulation regarding hurricane preparedness or public safety. 62,63

56 FEMA, Substantial Improvement/Substantial Damage Desk Reference at Appendix D (May 2010), available at

https://www.fema.gov/sites/default/files/documents/fema_nfip_substantial-improvement-substantial-damage-desk-
reference.pdf (last visited Feb. 25, 2025).
57 Id.
58 See FEMA, Substantial Damage Quick Guide (Jan. 21, 2025), available at https://www.fema.gov/fact-sheet/substantial-

damage-quick-guide (last visited Feb. 25, 2025) and FEMA, Substantial Improvement/Substantial Damage Desk Reference at 6-3
(May 2010), available at https://www.fema.gov/sites/default/files/documents/fema_nfip_substantial-improvement-
substantial-damage-desk-reference.pdf (last visited Feb. 25, 2025).
59 Id. at Appendix D.
60 These “look back periods” are set by each local jurisdiction and can range in time.
61 Substantial Improvement/Substantial Damage Desk Reference at 5-16 (May 2010), available at

https://www.fema.gov/sites/default/files/documents/fema_nfip_substantial-improvement-substantial-damage-desk-
reference.pdf (last visited Feb. 25, 2025).
62 This subsection does not apply to the regulation of elevators under Chapter 399, F.S. (Elevator Safety) or to airspace height

restrictions in Chapter 333, F.S. (Airport Zoning) See s. 489.113(11), F.S.
63 S. 489.113(11), F.S.

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13
Impact Fees
Local governments impose impact fees to fund infrastructure 64 needed to expand local services to meet the
demands of population growth caused by new growth. 65 Impact fees must meet the following minimum criteria
when adopted:
• The fee must be calculated using the most recent and localized data. 66
• The local government adopting the impact fee must account for and report impact fee collections and
expenditures. If the fee is imposed for a specific infrastructure need, the local government must account for
those revenues and expenditures in a separate accounting fund. 67
• Charges imposed for the collection of impact fees must be limited to the actual costs. 68
• All local governments must give notice of a new or increased impact fee at least 90 days before the new or
increased fee takes effect, but need not wait 90 days before decreasing, suspending, or eliminating an
impact fee. Unless the result reduces total mitigation costs or impact fees on an applicant, new or increased
impact fees may not apply to current or pending applications submitted before the effective date of an
ordinance or resolution imposing a new or increased impact fee. 69
• A local government may not require payment of the impact fee before the date of issuing a building permit
for the property that is subject to the fee. 70
• The impact fee must be reasonably connected to, or have a rational nexus with, the need for additional
capital facilities and the increased impact generated by the new residential or commercial construction. 71
• The impact fee must be reasonably connected to, or have a rational nexus with, the expenditures of the
revenues generated and the benefits accruing to the new residential or commercial construction. 72
• The local government must specifically earmark revenues generated by the impact fee to acquire,
construct, or improve capital facilities to benefit new users. 73
• The local government may not use revenues generated by the impact fee to pay existing debt or for
previously approved projects unless the expenditure is reasonably connected to, or has a rational nexus
with, the increased impact generated by the new residential or commercial construction. 74

The types of impact fees charged and the timing of their collection after issuing a building permit are within the
discretion of the local government or special district authorities choosing to impose the fees. 75 In general, a
building permit must be obtained before the construction, erection, modification, repair, or demolition of any
building. 76 A development permit pertains to any building permit, zoning permit, subdivision approval, rezoning,
certification, special exception, variance, or any other official action of local government having the effect of
permitting the development of land. 77 Local governments providing an exception or waiver of impact fees for the
development or construction of affordable housing are not required to use any revenues to offset the impact of
such development. 78

Local governments must credit against impact fee collections any contribution related to public facilities or
infrastructure on a dollar-for-dollar basis at fair market value for the general category or class of public facilities

64 “Infrastructure” means the fixed capital expenditure or outlay for the construction, reconstruction, or improvement of

public facilities with a life expectancy of five or more years, together with specific other costs required to bring the public
facility into service but excluding the costs of repairs or maintenance. The term also includes specific equipment.
S. 163.31801(3), F.S.
65 S. 163.31801(2), F.S. Water and sewer connection fees are not impact fees. S. 163.31801(12), F.S.
66 S. 163.31801(4)(a), F.S.
67 S. 163.31801(4)(b), F.S.
68 S. 163.31801(4)(c), F.S.
69 S. 163.31801(4)(d), F.S.
70 S. 163.31801(4)(e), F.S.
71 S. 163.31801(4)(f), F.S.
72 S. 163.31801(4)(g), F.S.
73 S. 163.31801(4)(h), F.S.
74 S. 163.31801(4)(i), F.S.
75 See s. 163.31801(2), F.S.
76 S. 553.79(1)(a), F.S.
77 S. 163.3164(16), F.S.
78 S. 163.31801(11), F.S.

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14
or infrastructure for which the contribution was made. If no impact fee is collected for that category of public
facility or infrastructure for which the contribution is made, no credit may be applied. 79 Credits for impact fees
may be assigned or transferred at any time once established, from one development or parcel to another within
the same impact fee zone or district or within an adjoining impact fee zone or district within the same local
government jurisdiction. 80

Property Assessments
The ad valorem tax or “property tax” is an annual tax levied by counties, municipalities, school districts, and some
special districts. The tax is based on the taxable value of a property as of January 1 of each year. The property
appraiser annually determines the “just value” of property within the taxing authority and then applies relevant
exclusions, assessment limitations, and exemptions to determine the property’s “taxable value.” The State
Constitution prohibits the state from levying ad valorem taxes and it limits the Legislature’s authority to provide
for property valuations at less than just value, unless expressly authorized.

In general, changes, additions, or improvements to real property are assessed at just value as of the first January 1
after they are substantially completed. 81 However, when property is damaged or destroyed by calamity or
misfortune, the property may be repaired or replaced without the change, addition, or improvement being
assessed at just value; rather, the change, addition, or improvement is assigned the taxable value and other tax
characteristics that the damaged or replaced property had before being damaged or destroyed. For homestead
property, there are two limitations: 1) the change, addition, or improvement may not exceed 110 percent of the
square footage of the property before it was damaged or destroyed; or 2) the total square footage of the property
as changed or improved may not exceed 1,500 square feet. 82 Any square footage greater than 110 percent of the
replaced property or beyond a total of 1,500 square feet is assessed at just value.

Florida National Guard Medical Officer Authorization
The Florida National Guard (FLNG) is the organized militia of the state. 83 Its mission includes maintaining
readiness to support national and state security efforts, as well as leading or assisting in humanitarian and
logistical operations, including hurricane preparation and recovery. Current law provides that physicians holding
an active license to practice medicine in any other state, a U.S. territory, or the District of Columbia, while serving
as medical officers in the FLNG pursuant to federal or state orders, may practice medicine on military personnel or
civilians during an emergency, declared disaster, or during federal military training. 84

RECENT LEGISLATION:

YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION

2024 CS/CS/HB 1567 Grant Collins This bill became a law on July
1, 2024.
2023 CS/CS/SB 250 Giallombardo Martin This bill became a law on July
1, 2023.

OTHER RESOURCES:
Federal Emergency Management Agency’s Substantial Improvement/Substantial Damage Desk Reference

79 S. 163.31801(5), F.S.
80 S. 163.31801(10), F.S. In an action challenging an impact fee or a failure to provide proper credits, the local government has

the burden of proof to establish the imposition of the fee or the credit complies with the statute, and the court may not defer to
the decision or expertise of the government. S. 163.31801(9), F.S.
81 Ss. 193.155(4)(a), 193.1554(6)(a), and 193.1555(6)(a), F.S.
82 S. 193.155(4)(b), F.S.
83 S. 250.02(2), F.S.
84 S. 250.375, F.S.

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15
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Natural Resources & Disasters 17 Y, 0 N, As CS 3/18/2025 Moore Moore
Subcommittee
THE CHANGES ADOPTED BY THE • Required local governments to post information related to poststorm
COMMITTEE: permitting online.
• Required DEM to conduct an inventory of disaster response equipment.
• Required shelter deficiencies to be considered at the county level.
• Prohibited building permit and inspection fees from being increased
180 days poststorm.
• Increased the size that a rebuilt homestead may be before triggering an
increase in the property’s assessed value.
• Prohibited local governments impacted by Hurricanes Debby, Helene,
or Milton from adopting or enforcing certain regulations related to
construction or development that are more restrictive or burdensome.
Transportation & Economic Davis McAuliffe
Development Budget
Subcommittee
State Affairs Committee

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16
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 1535 2025

1 A bill to be entitled
2 An act relating to emergencies; amending s. 83.63,
3 F.S.; requiring certain tenants to be given specified
4 opportunities or notice; amending s. 101.733, F.S.;
5 removing provisions relating to an elections emergency
6 contingency plan; creating s. 101.7325, F.S.;
7 authorizing certain supervisors of elections to take
8 specified actions under certain circumstances;
9 requiring such supervisors to use specified methods to
10 inform affected voters of election changes; creating
11 s. 101.735, F.S.; requiring the Division of Elections
12 to develop a statewide election emergency contingency
13 plan for a specified purpose; requiring such plan to
14 include certain procedures; requiring supervisors of
15 elections to develop a local election emergency
16 contingency plan in consultation with certain
17 officials; requiring the plan to be submitted to the
18 division for approval by a certain date; requiring the
19 division to make a certain determination by a
20 specified date; requiring the division to adopt rules;
21 creating s. 101.736, F.S.; defining the term "tabletop
22 exercise"; requiring the Secretary of State, in
23 coordination with supervisors of elections, to develop
24 an election emergency training program; requiring the
25 Secretary of State to convene a workgroup for a

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26 certain purpose by a specified date of every odd-
27 numbered year; providing requirements for the
28 workgroup; requiring the results of the workgroup to
29 be used in a specified manner; creating s. 163.31795,
30 F.S.; defining the terms "cumulative substantial
31 improvement period" and "local government"; requiring
32 local governments that are participating in a
33 specified insurance program to adopt certain
34 cumulative substantial improvement periods; amending
35 s. 163.31801, F.S.; prohibiting certain entities from
36 assessing impact fees for specified replacement
37 structures; providing an exception; amending s.
38 193.155, F.S.; providing that repair and maintenance
39 of specified property is not a change, an addition, or
40 an improvement under certain circumstances; revising
41 the square footage limitations for certain changes,
42 additions, and improvements to damaged property;
43 amending s. 215.559, F.S.; removing a reference to a
44 certain report; revising public hurricane shelter
45 funding prioritization requirements for the Division
46 of Emergency Management; amending s. 250.375, F.S.;
47 authorizing certain servicemembers to provide medical
48 care in specified circumstances; amending s. 252.35,
49 F.S.; revising requirements for the state
50 comprehensive emergency management plan; requiring

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51 such plan to include an update on the status of
52 certain emergency management capabilities; requiring
53 the division to collaborate with the Department of
54 Health; revising responsibilities of the division;
55 requiring the division to develop a certain template;
56 revising items required to be included in a specified
57 inventory; removing a specified reporting requirement;
58 amending s. 252.355, F.S.; authorizing the Department
59 of Veterans' Affairs to provide certain information to
60 specified clients or their caregivers; amending s.
61 252.3611, F.S.; directing specified entities to submit
62 specified contracts and reports to the Legislature
63 under specified conditions; requiring that such
64 contracts be posted on a specified secure contract
65 system; requiring the division to report annually to
66 the Legislature specified information on expenditures
67 relating to emergencies; providing requirements for
68 such report; amending s. 252.365, F.S.; requiring
69 agency heads to notify the Governor and the division
70 of the person designated as the emergency coordination
71 officer annually by a specified date; amending s.
72 252.37, F.S.; requiring the division to notify the
73 Legislature of its intent to accept or apply for
74 federal funds under certain circumstances; requiring
75 the division to take steps to maximize the

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76 availability and expedite the distribution of
77 financial assistance from the Federal Government to
78 state and local agencies; requiring that such steps
79 include the standardization and streamlining of the
80 application process for federal financial assistance
81 and the provision of assistance to applicants for a
82 specified purpose; requiring the division to use
83 certain federal funds to implement such requirements;
84 creating s. 252.3713, F.S.; requiring the division to
85 administer the Hazard Mitigation Grant Program;
86 authorizing the division to retain a specified
87 percentage of the funds for use within this state;
88 requiring that the remaining percentage be distributed
89 for use by certain recipients; authorizing
90 subrecipients to make a certain election for a
91 specified use; requiring the prioritization of certain
92 projects; authorizing the division to coordinate with
93 specified entities under certain circumstances;
94 requiring the division to ensure that certain
95 requirements are met and certain projects are funded;
96 authorizing fiscally constrained counties to request
97 that the division administer the grant for such a
98 county; authorizing such counties to request certain
99 assistance from the division; requiring the division
100 to adopt rules; amending s. 252.373, F.S.; conforming

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101 a cross-reference; amending s. 252.38, F.S.; requiring
102 political subdivisions to annually provide specified
103 notification to the division before a specified date;
104 creating s. 252.381, F.S.; requiring counties and
105 municipalities to post certain information on their
106 websites; requiring counties and municipalities to
107 develop a poststorm permitting plan; providing
108 requirements for such plan; requiring counties and
109 municipalities to publish on their websites a
110 specified storm recovery guide and updates to such
111 guide; prohibiting certain counties and municipalities
112 from increasing building permit or inspection fees
113 within a specified timeframe; requiring certain
114 counties and municipalities to use their best efforts
115 to open a permitting office for a minimum number of
116 hours per week; requiring entities allow individuals
117 to receive specified letters electronically; requiring
118 specified individuals to complete certain training
119 every 2 years beginning on a specified date; amending
120 s. 252.385, F.S.; revising reporting requirements for
121 the division; revising requirements for a specified
122 list; requiring the Department of Health and the
123 Agency for Persons with Disabilities to assist the
124 division with certain determinations; creating s.
125 252.421, F.S.; requiring the division to coordinate

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126 with certain counties for a specified purpose;
127 creating s. 252.422, F.S.; defining the term "impacted
128 local government"; prohibiting impacted local
129 governments from proposing or adopting certain
130 moratoriums, amendments, or procedures for a specified
131 timeframe; authorizing the enforcement of certain
132 amendments, plans, permits, and orders under certain
133 circumstances; authorizing any person to file suit to
134 enforce specified provisions; authorizing counties and
135 municipalities to request a specified determination by
136 a court; prohibiting counties and municipalities from
137 taking certain actions until the court has issued a
138 preliminary or final judgment; requiring plaintiffs to
139 provide certain notification before filing suit;
140 requiring impacted local governments to take certain
141 actions upon receipt of such notification or a suit
142 may be filed; providing for reasonable attorney fees
143 and costs; authorizing the use of a certain summary
144 procedure; requiring the court to advance the cause on
145 the calendar; creating s. 252.505, F.S.; requiring
146 certain contracts to include a specified provision;
147 defining the term "emergency recovery period";
148 amending s. 400.063, F.S.; conforming a cross-
149 reference; amending s. 403.7071, F.S.; providing that
150 local governments are authorized and encouraged to add

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151 certain addendums to certain contracts and agreements;
152 requiring counties and municipalities to apply to the
153 Department of Environmental Protection for
154 authorization to designate at least one debris
155 management site; authorizing municipalities to apply
156 jointly with a county or adjacent municipality for
157 authorization of a debris management site if such
158 entities approve a memorandum of understanding;
159 providing requirements for such memorandum; creating
160 s. 489.1132, F.S.; providing definitions; requiring a
161 hurricane preparedness plan to be available for
162 inspection at certain worksites; requiring certain
163 equipment to be secured in a specified manner no later
164 than 24 hours before the impacts of a hurricane are
165 anticipated to begin; providing penalties; requiring
166 the division to consult with specified entities to
167 develop certain recommendations and provide a report
168 to the Legislature by a specified date; prohibiting
169 certain counties from proposing or adopting certain
170 moratoriums, amendments, or procedures for a specified
171 timeframe; declaring that such moratoriums,
172 amendments, or procedures are null and void; providing
173 for retroactive application; authorizing the
174 enforcement of certain amendments, plans, permits, and
175 orders under certain circumstances; authorizing

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176 certain residents and business owners to bring a civil
177 action for declaratory and injunctive relief against a
178 county or municipality that violates specified
179 provisions; providing for reasonable attorney fees and
180 costs under specified circumstances; providing for
181 future expiration; providing a directive to the
182 Division of Law Revision; providing an effective date.
183
184 Be It Enacted by the Legislature of the State of Florida:
185
186 Section 1. Section 83.63, Florida Statutes, is amended to
187 read:
188 83.63 Casualty damage.—If the premises are damaged or
189 destroyed other than by the wrongful or negligent acts of the
190 tenant so that the enjoyment of the premises is substantially
191 impaired:,
192 (1) The tenant may terminate the rental agreement and
193 immediately vacate the premises. The tenant may vacate the part
194 of the premises rendered unusable by the casualty, in which case
195 the tenant's liability for rent shall be reduced by the fair
196 rental value of that part of the premises damaged or destroyed.
197 If the rental agreement is terminated, the landlord shall comply
198 with s. 83.49(3).
199 (2) The tenant must be given:
200 (a) The opportunity to collect his or her belongings from

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201 the premises when it is safe to do so; or
202 (b) Notice of the date by which the tenant will be able to
203 collect his or her belongings from the premises, which must
204 occur within a reasonable time.
205 Section 2. Subsection (3) of section 101.733, Florida
206 Statutes, is amended to read:
207 101.733 Emergency suspension or delay of an election
208 emergency; purpose; elections emergency contingency plan.—
209 Because of the existing and continuing possibility of an
210 emergency or common disaster occurring before or during a
211 regularly scheduled or special election, and in order to ensure
212 maximum citizen participation in the electoral process and
213 provide a safe and orderly procedure for persons seeking to
214 exercise their right to vote, generally to minimize to whatever
215 degree possible a person's exposure to danger during declared
216 states of emergency, and to protect the integrity of the
217 electoral process, it is hereby found and declared to be
218 necessary to designate a procedure for the emergency suspension
219 or delay and rescheduling of elections.
220 (3) The Division of Elections of the Department of State
221 shall adopt, by rule, an elections emergency contingency plan,
222 which shall contain goals and policies that give specific
223 direction to state and local elections officials when an
224 election has been suspended or delayed due to an emergency. The
225 contingency plan shall be statewide in scope and shall address,

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226 but not be limited to, the following concerns:
227 (a) Providing a procedure for state and local elections
228 officials to follow when an election has been suspended or
229 delayed to ensure notice of the suspension or delay to the
230 proper authorities, the electorate, the communications media,
231 poll workers, and the custodians of polling places.
232 (b) Providing a procedure for the orderly conduct of a
233 rescheduled election, whether municipal, county, district, or
234 statewide in scope; coordinating those efforts with the
235 appropriate elections official, and the members of the governing
236 body holding such election, if appropriate; and working with the
237 appropriate emergency management officials in determining the
238 safety of existing polling places or designating additional
239 polling places.
240 (c) Providing a procedure for the release and
241 certification of election returns to the department for
242 elections suspended or delayed and subsequently rescheduled
243 under the provisions of ss. 101.731-101.74.
244 Section 3. Section 101.7325, Florida Statutes, is created
245 to read:
246 101.7325 Election emergency.—
247 (1) If the Governor declares a state of emergency for a
248 natural emergency, as defined in s. 252.34, fewer than 60 days
249 before an election, the supervisor of a county designated as
250 affected by such declaration may take any of the following

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251 actions necessary while the declaration continues to designate
252 the area as an affected area:
253 (a) Notwithstanding the designation deadline in s.
254 101.657(1)(b), change the location of designated early voting
255 sites. The supervisor must immediately notify the division of
256 the new address of each early voting site and the hours during
257 which early voting will occur at each site.
258 (b) Request approval from the Secretary of State to
259 designate early voting sites at locations not specifically
260 authorized under s. 101.657(1). The request must set forth
261 sufficient facts to establish that a sufficient number of early
262 voting sites that were designated, or that may be designated
263 under paragraph (a), are unavailable due to the emergency. For
264 purposes of this paragraph, reasons that early voting sites may
265 be unavailable include, but are not limited to, the site is no
266 longer safe for occupancy, the site is located in an area that
267 is currently dangerous to travel to and from, or the site does
268 not have adequate utilities. The Secretary of State must approve
269 or deny the request within 36 hours after receipt. An early
270 voting site designated under this paragraph must, to the maximum
271 extent practicable, be geographically located so as to provide
272 all voters in the area with an equal opportunity to cast a
273 ballot.
274 (c) Notwithstanding s. 101.657(1)(d), allow early voting
275 to occur the day before an election.

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276 (d) Notwithstanding ss. 101.657 and 101.71, request
277 approval from the Secretary of State to allow election day
278 voting at early voting sites. The request must set forth
279 sufficient facts to establish that a sufficient number of early
280 voting sites that were designated, or that may be designated
281 under paragraph (a), are unavailable due to the emergency. For
282 purposes of this paragraph, reasons that a polling place may be
283 unavailable include, but are not limited to, the polling place
284 is no longer safe for occupancy, the polling place is located in
285 an area that is currently dangerous to travel to and from, or
286 the polling place does not have adequate utilities. The
287 Secretary of State must approve or deny the request within 36
288 hours after receipt. An early voting site designated as a
289 polling place under this paragraph must, to the maximum extent
290 practicable, be geographically located so as to provide all
291 voters in the area with an equal opportunity to cast a ballot.
292 (e) Notwithstanding the designation deadline in s.
293 101.69(2)(b), designate additional secure ballot intake
294 stations. The supervisor must immediately notify the division of
295 the location of the additional secure ballot intake stations.
296 (f) Send a vote-by-mail ballot to a voter who has
297 requested such ballot:
298 1. By forwardable mail or to an address other than the
299 address listed for the voter in the statewide voter registration
300 system.

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301 2. Notwithstanding s. 101.62(1)(a) and (b), without the
302 voter's written request or if a written request is not signed.
303 3. Notwithstanding s. 101.62(3)(c), as soon as
304 practicable.
305 (g) If the supervisor determines that a poll worker
306 shortage exists, appoint poll workers who have not met the
307 training requirements in s. 102.014. However, such poll workers
308 must have received the required training within the previous 2
309 years.
310 (h) Notwithstanding s. 102.012(2), appoint inspectors and
311 clerks who are registered qualified electors of this state but
312 who are not registered qualified electors of the applicable
313 county.
314 (2) The supervisor shall use print and broadcast media,
315 social media, Internet websites, polling place signage, and any
316 other method necessary to inform affected voters of any changes
317 to elections made under this section.
318 Section 4. Section 101.735, Florida Statutes, is created
319 to read:
320 101.735 Election emergency contingency plans.—
321 (1) The division shall adopt by rule a statewide election
322 emergency contingency plan to provide specific direction in the
323 event an emergency occurs preceding or during an election. The
324 contingency plan shall include, at minimum, procedures to:
325 (a) Ensure that necessary parties are notified of any

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326 changes impacting an election that has been suspended, delayed,
327 rescheduled, or otherwise affected by an emergency. As used in
328 this paragraph, necessary parties include proper authorities,
329 the electorate, the media, poll workers, and polling place
330 custodians.
331 (b) Ensure that an election that has been suspended,
332 delayed, rescheduled, or otherwise affected by an emergency is
333 conducted in a safe and orderly manner. The procedures must
334 include a plan to coordinate the actions of the division,
335 supervisors, county canvassing boards, and, if appropriate,
336 members of the governing body holding such election.
337 (c) Determine the safety of existing polling places or
338 designate additional polling places in coordination with the
339 appropriate emergency management officials.
340 (d) Release and certify returns to the division for
341 elections suspended, delayed, rescheduled, or otherwise affected
342 by an emergency.
343 (e) Coordinate efforts between supervisors in affected and
344 unaffected counties to ensure voting opportunities for affected
345 voters, including ensuring the delivery of vote-by-mail ballots
346 to law enforcement officers, military personnel, first
347 responders, and utility line workers.
348 (2) Each supervisor shall develop, in consultation with
349 local emergency management officials, a local election emergency
350 contingency plan. The contingency plan must be submitted to the

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351 division for approval by May 1 of every odd-numbered year. The
352 division must determine whether the local election emergency
353 contingency plan is sufficient no later than May 30. The
354 division shall adopt rules to implement this subsection,
355 including the creation of standard criteria for determining the
356 sufficiency of local election emergency contingency plans.
357 Section 5. Section 101.736, Florida Statutes, is created
358 to read:
359 101.736 Election emergency training; best practices.—
360 (1) As used in this section, the term "tabletop exercise"
361 means a session in which participants are guided through
362 possible scenarios and discuss their roles and responsibilities
363 if such a scenario occurs, as well as how they would respond to
364 such a scenario.
365 (2) The Secretary of State, in coordination with
366 supervisors, shall develop an election emergency training
367 program. The training is required for newly elected or appointed
368 supervisors and any critical staff, as determined by a
369 supervisor. The Secretary of State shall update such training at
370 least once every 4 years.
371 (3) By June 1 of every odd-numbered year, the Secretary of
372 State shall convene a workgroup to create a list of best
373 practices for conducting an election during an emergency.
374 (a) The workgroup must include at least 10 current
375 supervisors.

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376 (b) The workgroup must participate in tabletop exercises
377 involving election emergencies.
378 (4) Using the list created in subsection (3), the
379 Secretary of State must:
380 (a) Incorporate practices applicable to all counties into
381 the statewide election emergency contingency plan under s.
382 101.735(1).
383 (b) Recommend practices applicable to specific counties to
384 the applicable supervisor for inclusion in the supervisor's
385 local election emergency contingency plan under s. 101.735(2).
386 Section 6. Section 163.31795, Florida Statutes, is created
387 to read:
388 163.31795 Participation in the National Flood Insurance
389 Program.—
390 (1) For purposes of this section, the term:
391 (a) "Cumulative substantial improvement period" means the
392 period during which an aggregate of improvements or repairs are
393 considered for purposes of determining substantial improvement
394 as defined in s. 161.54(12).
395 (b) "Local government" has the same meaning as in s.
396 163.2514.
397 (2) A local government that is participating in the
398 National Flood Insurance Program may not adopt a cumulative
399 substantial improvement period that is longer than 1 year.
400 Section 7. Subsection (14) is added to section 163.31801,

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401 Florida Statutes, to read:
402 163.31801 Impact fees; short title; intent; minimum
403 requirements; audits; challenges.—
404 (14) A local government, school district, or special
405 district may not assess an impact fee for the reconstruction or
406 replacement of a previously existing structure if the
407 replacement structure is of the same land use as the original
408 structure. However, a local government, school district, or
409 special district that uses a tiered scale to assess impact fees
410 may assess an impact fee equal to the impact fee for the
411 replacement structure less the impact fee for the original
412 structure.
413 Section 8. Paragraphs (a) and (b) of subsection (4) of
414 section 193.155, Florida Statutes, are amended to read:
415 193.155 Homestead assessments.—Homestead property shall be
416 assessed at just value as of January 1, 1994. Property receiving
417 the homestead exemption after January 1, 1994, shall be assessed
418 at just value as of January 1 of the year in which the property
419 receives the exemption unless the provisions of subsection (8)
420 apply.
421 (4)(a) Except as provided in paragraph (b) and s. 193.624,
422 changes, additions, or improvements to homestead property shall
423 be assessed at just value as of the first January 1 after the
424 changes, additions, or improvements are substantially completed.
425 Maintenance or repair of the homestead property, including roof

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426 or window replacement, may not be considered to be a change, an
427 addition, or an improvement under this subsection.
428 (b)1. Changes, additions, or improvements that replace all
429 or a portion of homestead property, including ancillary
430 improvements, damaged or destroyed by misfortune or calamity
431 shall be assessed upon substantial completion as provided in
432 this paragraph. Such assessment must be calculated using the
433 homestead property's assessed value as of the January 1
434 immediately before the date on which the damage or destruction
435 was sustained, subject to the assessment limitations in
436 subsections (1) and (2), when:
437 a. The square footage of the homestead property as changed
438 or improved does not exceed 130 110 percent of the square
439 footage of the homestead property before the damage or
440 destruction; or
441 b. The total square footage of the homestead property as
442 changed or improved does not exceed 2,000 1,500 square feet.
443 2. The homestead property's assessed value must be
444 increased by the just value of that portion of the changed or
445 improved homestead property which is in excess of 130 110
446 percent of the square footage of the homestead property before
447 the damage or destruction or of that portion exceeding 2,000
448 1,500 square feet.
449 3. Homestead property damaged or destroyed by misfortune
450 or calamity which, after being changed or improved, has a square

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451 footage of less than 100 percent of the homestead property's
452 total square footage before the damage or destruction shall be
453 assessed pursuant to subsection (5).
454 4. Changes, additions, or improvements assessed pursuant
455 to this paragraph must be reassessed pursuant to subsection (1)
456 in subsequent years. This paragraph applies to changes,
457 additions, or improvements commenced within 5 years after the
458 January 1 following the damage or destruction of the homestead.
459 Section 9. Paragraph (b) of subsection (1) of section
460 215.559, Florida Statutes, is amended to read:
461 215.559 Hurricane Loss Mitigation Program.—A Hurricane
462 Loss Mitigation Program is established in the Division of
463 Emergency Management.
464 (1) The Legislature shall annually appropriate $10 million
465 of the moneys authorized for appropriation under s.
466 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
467 division for the purposes set forth in this section. Of the
468 amount:
469 (b) Three million dollars in funds shall be used to
470 construct or retrofit facilities used as public hurricane
471 shelters. Each year the division shall prioritize the use of
472 these funds for projects included in the annual report of the
473 Shelter Development Report prepared in accordance with s.
474 252.385(3). The division shall must give funding priority to
475 projects located in counties regional planning council regions

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476 that have shelter deficits, projects that are publicly owned,
477 other than schools, and to projects that maximize the use of
478 state funds.
479 Section 10. Section 250.375, Florida Statutes, is amended
480 to read:
481 250.375 Medical officer authorization.—A servicemember
482 trained to provide medical care who is assigned to a military
483 duty position and authorized by the Florida National Guard to
484 provide medical care by virtue of such duty position may provide
485 such medical care to military personnel and civilians within
486 this state physician who holds an active license to practice
487 medicine in any state, a United States territory, or the
488 District of Columbia, while serving as a medical officer with or
489 in support of the Florida National Guard, pursuant to federal or
490 state orders, may practice medicine on military personnel or
491 civilians during an emergency or declared disaster or during
492 federal military training.
493 Section 11. Paragraphs (y) through (dd) of subsection (2)
494 of section 252.35, Florida Statutes, are redesignated as
495 paragraphs (x) through (cc), respectively, and paragraphs (a),
496 (c), and (s) and present paragraph (x) of that subsection are
497 amended to read:
498 252.35 Emergency management powers; Division of Emergency
499 Management.—
500 (2) The division is responsible for carrying out the

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501 provisions of ss. 252.31-252.90. In performing its duties, the
502 division shall:
503 (a) Prepare a state comprehensive emergency management
504 plan, which must shall be integrated into and coordinated with
505 the emergency management plans and programs of the Federal
506 Government. The division shall adopt the plan as a rule in
507 accordance with chapter 120. The plan must be implemented by a
508 continuous, integrated comprehensive emergency management
509 program. The plan must contain provisions to ensure that the
510 state is prepared for emergencies and minor, major, and
511 catastrophic disasters, and the division shall work closely with
512 local governments and agencies and organizations with emergency
513 management responsibilities in preparing and maintaining the
514 plan. The state comprehensive emergency management plan must be
515 operations oriented and:
516 1. Include an evacuation component that includes specific
517 regional and interregional planning provisions and promotes
518 intergovernmental coordination of evacuation activities. This
519 component must, at a minimum: contain guidelines for lifting
520 tolls on state highways; ensure coordination pertaining to
521 evacuees crossing county lines; set forth procedures for
522 directing people caught on evacuation routes to safe shelter;
523 establish strategies for ensuring sufficient, reasonably priced
524 fueling locations along evacuation routes; and establish
525 policies and strategies for emergency medical evacuations.

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526 2. Include a shelter component that includes specific
527 regional and interregional planning provisions and promotes
528 coordination of shelter activities between the public, private,
529 and nonprofit sectors. This component must, at a minimum:
530 contain strategies to ensure the availability of adequate public
531 shelter space in each county region of the state; establish
532 strategies for refuge-of-last-resort programs; provide
533 strategies to assist local emergency management efforts to
534 ensure that adequate staffing plans exist for all shelters,
535 including medical and security personnel; provide for a
536 postdisaster communications system for public shelters;
537 establish model shelter guidelines for operations, registration,
538 inventory, power generation capability, information management,
539 and staffing; and set forth policy guidance for sheltering
540 people with special needs.
541 3. Include a postdisaster response and recovery component
542 that includes specific regional and interregional planning
543 provisions and promotes intergovernmental coordination of
544 postdisaster response and recovery activities. This component
545 must provide for postdisaster response and recovery strategies
546 according to whether a disaster is minor, major, or
547 catastrophic. The postdisaster response and recovery component
548 must, at a minimum: establish the structure of the state's
549 postdisaster response and recovery organization; establish
550 procedures for activating the state's plan; set forth policies

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551 used to guide postdisaster response and recovery activities;
552 describe the chain of command during the postdisaster response
553 and recovery period; describe initial and continuous
554 postdisaster response and recovery actions; identify the roles
555 and responsibilities of each involved agency and organization;
556 provide for a comprehensive communications plan; establish
557 procedures for monitoring mutual aid agreements; provide for
558 rapid impact assessment teams; ensure the availability of an
559 effective statewide urban search and rescue program coordinated
560 with the fire services; ensure the existence of a comprehensive
561 statewide medical care and relief plan administered by the
562 Department of Health; and establish systems for coordinating
563 volunteers and accepting and distributing donated funds and
564 goods.
565 4. Include additional provisions addressing aspects of
566 preparedness, response, recovery, and mitigation as determined
567 necessary by the division.
568 5. Address the need for coordinated and expeditious
569 deployment of state resources, including the Florida National
570 Guard. In the case of an imminent major disaster, procedures
571 should address predeployment of the Florida National Guard, and,
572 in the case of an imminent catastrophic disaster, procedures
573 should address predeployment of the Florida National Guard and
574 the United States Armed Forces.
575 6. Establish a system of communications and warning to

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576 ensure that the state's population and emergency management
577 agencies are warned of developing emergency situations,
578 including public health emergencies, and can communicate
579 emergency response decisions.
580 7. Establish guidelines and schedules for annual exercises
581 that evaluate the ability of the state and its political
582 subdivisions to respond to minor, major, and catastrophic
583 disasters and support local emergency management agencies. Such
584 exercises shall be coordinated with local governments and, to
585 the extent possible, the Federal Government.
586 8. Assign lead and support responsibilities to state
587 agencies and personnel for emergency support functions and other
588 support activities.
589 9. Include the public health emergency plan developed by
590 the Department of Health pursuant to s. 381.00315.
591 10. Include an update on the status of the emergency
592 management capabilities of the state and its political
593 subdivisions. The update must include the emergency management
594 capabilities related to public health emergencies, as determined
595 in collaboration with the Department of Health.
596
597 The complete state comprehensive emergency management plan must
598 be submitted to the President of the Senate, the Speaker of the
599 House of Representatives, and the Governor on February 1 of
600 every even-numbered year.

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601 (c) Assist political subdivisions in preparing and
602 maintaining emergency management plans. Such assistance must
603 include the development of a template for comprehensive
604 emergency management plans, including plans for natural
605 disasters, and guidance on the development of mutual aid
606 agreements.
607 (s) Complete an inventory of disaster response equipment,
608 including portable generators owned by the state and local
609 governments which are capable of operating during a major
610 disaster. The inventory must identify, at a minimum, the
611 location of each generator, the number of generators stored at
612 each specific location, the agency to which each generator
613 belongs, the primary use of the generator by the owner agency,
614 and the names, addresses, and telephone numbers of persons
615 having the authority to loan the stored generators as authorized
616 by the division during a declared emergency.
617 (x) Report biennially to the President of the Senate, the
618 Speaker of the House of Representatives, the Chief Justice of
619 the Supreme Court, and the Governor, no later than February 1 of
620 every odd-numbered year, the status of the emergency management
621 capabilities of the state and its political subdivisions. This
622 report must include the emergency management capabilities
623 related to public health emergencies, as determined in
624 collaboration with the Department of Health.
625 Section 12. Paragraph (b) of subsection (2) of section

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626 252.355, Florida Statutes, is amended to read:
627 252.355 Registry of persons with special needs; notice;
628 registration program.—
629 (2) In order to ensure that all persons with special needs
630 may register, the division shall develop and maintain a special
631 needs shelter registration program. During a public health
632 emergency in which physical distancing is necessary, as
633 determined by the State Health Officer, the division must
634 maintain information on special needs shelter options that
635 mitigate the threat of the spread of infectious diseases.
636 (b) To assist in identifying persons with special needs,
637 home health agencies, hospices, nurse registries, home medical
638 equipment providers, the Department of Veterans' Affairs, the
639 Department of Children and Families, the Department of Health,
640 the Agency for Health Care Administration, the Department of
641 Education, the Agency for Persons with Disabilities, the
642 Department of Elderly Affairs, and memory disorder clinics
643 shall, and any physician licensed under chapter 458 or chapter
644 459 and any pharmacy licensed under chapter 465 may, annually
645 provide registration information to all of their special needs
646 clients or their caregivers. The division shall develop a
647 brochure that provides information regarding special needs
648 shelter registration procedures. The brochure must be easily
649 accessible on the division's website. All appropriate agencies
650 and community-based service providers, including aging and

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651 disability resource centers, memory disorder clinics, home
652 health care providers, hospices, nurse registries, and home
653 medical equipment providers, shall, and any physician licensed
654 under chapter 458 or chapter 459 may, assist emergency
655 management agencies by annually registering persons with special
656 needs for special needs shelters, collecting registration
657 information for persons with special needs as part of the
658 program intake process, and establishing programs to educate
659 clients about the registration process and disaster preparedness
660 safety procedures. A client of a state-funded or federally
661 funded service program who has a physical, mental, or cognitive
662 impairment or sensory disability and who needs assistance in
663 evacuating, or when in a shelter, must register as a person with
664 special needs. The registration program shall give persons with
665 special needs the option of preauthorizing emergency response
666 personnel to enter their homes during search and rescue
667 operations if necessary to ensure their safety and welfare
668 following disasters.
669 Section 13. Subsection (2) of section 252.3611, Florida
670 Statutes, is amended, and subsection (5) is added to that
671 section, to read:
672 252.3611 Transparency; audits.—
673 (2) If When the duration of a declaration of a state of an
674 emergency issued by the Governor exceeds 90 days:
675 (a)1. The Executive Office of the Governor or the

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676 appropriate agency, within 72 hours after of executing a
677 contract executed with moneys authorized for expenditure to
678 support the response to the declared state of emergency, must
679 the Executive Office of the Governor or the appropriate agency
680 shall submit a copy of such contract to the Legislature. For
681 contracts executed during the first 90 days of the declared
682 state of emergency, the Executive Office of the Governor or the
683 appropriate agency shall submit a copy to the Legislature within
684 the first 120 days of the declared state of emergency.
685 2. All contracts executed to support the response to a
686 declared state of emergency, including contracts executed before
687 a declared state of emergency to secure resources or services in
688 advance or anticipation of an emergency, must be posted on the
689 secure contract tracking system required under s. 215.985(14).
690 (b) The Executive Office of the Governor or the
691 appropriate agency shall submit monthly reports to the
692 Legislature of all state expenditures, revenues received, and
693 funds transferred by an agency during the previous month to
694 support the declared state of emergency.
695 (5) Annually, by January 15, the division shall report to
696 the President of the Senate, the Speaker of the House of
697 Representatives, and the chairs of the appropriations committee
698 of each house of the Legislature on expenditures related to
699 emergencies incurred over the year from November 1 of the
700 previous year. The report must include:

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701 (a) A separate summary of each emergency event, whether
702 complete or ongoing, and key actions taken by the division.
703 (b) Details of expenditures, separated by emergency event
704 and agency, for preparing for, responding to, or recovering from
705 the event. The report must specify detailed expenditures for the
706 entire report time period; specify total expenditures for the
707 event; and indicate amounts that are being or are anticipated to
708 be reimbursed by the Federal Emergency Management Agency or
709 other federal entity, amounts ineligible for reimbursement, and
710 any amounts deobligated by the Federal Emergency Management
711 Agency or other federal entity for reimbursement. The division
712 shall review expenditures by state agencies to ensure that
713 efforts, purchases, contracts, or expenditures are not
714 duplicated.
715 (c) An accounting of all inventory and assets purchased,
716 separated by emergency event and agency, for preparing for,
717 responding to, or recovering from the event, including motor
718 vehicles, boats, computers, and other equipment, and the current
719 status of such assets, including divestment, sale, or donation
720 by the state. The report must include a detailed accounting for
721 the entire report time period and specify a total for the event.
722 Section 14. Subsection (4) of section 252.365, Florida
723 Statutes, is amended to read:
724 252.365 Emergency coordination officers; disaster-
725 preparedness plans.—

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726 (4) On or before May 1 of each year, the head of each
727 agency shall notify the Governor and the division in writing of
728 the person initially designated as the emergency coordination
729 officer for such agency and her or his alternate and of any
730 changes in persons so designated thereafter.
731 Section 15. Present paragraphs (c) and (d) of subsection
732 (5) of section 252.37, Florida Statutes, are redesignated as
733 paragraphs (d) and (e), respectively, a new paragraph (c) is
734 added to that subsection, and subsection (7) is added to that
735 section, to read:
736 252.37 Financing.—
737 (5) Unless otherwise specified in the General
738 Appropriations Act:
739 (c) If the division intends to accept or apply for federal
740 funds for a division-administered program that is new, that will
741 be implemented in a manner that is innovative or significantly
742 different from the manner in which the program is typically
743 administered, or that will require a state match for which the
744 division will be required to seek new budget authority, the
745 division must notify the Legislature of its intent to accept or
746 apply for the federal funds. The notice must detail the federal
747 program under which the funds will be accepted or applied for,
748 the intended purpose and use of the funds, and the amount of
749 funds, including the estimated state match.
750 (7) The division shall take steps to maximize the

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751 availability and expedite the distribution of financial
752 assistance from the Federal Government to state and local
753 agencies. Such steps must include the standardization and
754 streamlining of the application process for financial assistance
755 through the federal Public Assistance Program and provision of
756 assistance to applicants in order to mitigate the risk of
757 noncompliance with federal program requirements. The division
758 shall use federal funds allocated as management costs or other
759 funds as appropriated to implement this subsection.
760 Section 16. Section 252.3713, Florida Statutes, is created
761 to read:
762 252.3713 Hazard Mitigation Grant Program.—
763 (1) The division shall administer the Hazard Mitigation
764 Grant Program as authorized and described in s. 404 of the
765 Robert T. Stafford Disaster Relief and Emergency Assistance Act,
766 as amended by Pub. L. No. 103-181, Pub. L. No. 103-337, and Pub.
767 L. No. 106-390.
768 (2) The division may retain no more than 25 percent of the
769 total federal allocation of funds received for use within the
770 state. A minimum of 75 percent of any funds received pursuant to
771 a declared disaster must be distributed for use by the
772 subrecipients in the counties specified in the Presidential
773 Disaster Declaration for that disaster. However, a subrecipient
774 may elect to share some or all of its allocation with the
775 division to be used for projects benefiting the region in which

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776 the subrecipient is located.
777 (3) The division and subrecipients shall prioritize
778 projects that fulfill the following purposes when adopting
779 mitigation strategies and plans and applying for funds under the
780 grant program:
781 (a) Reducing shelter space deficits through retrofitting
782 of existing shelters and hardening of public buildings that are
783 not schools. Reducing deficits in shelter space intended to
784 accommodate individuals with special needs must be prioritized
785 before addressing deficits in other types of shelter space.
786 (b) Mitigating impacts to public infrastructure, including
787 roads, bridges, and stormwater, water, and sewer systems, to
788 enhance resistance to natural hazards and prevent and reduce
789 losses.
790 (c) Mitigating impacts to school facilities which will
791 reduce future disaster losses and make the facilities more
792 resistant to natural hazards.
793 (d) Retrofitting of regional and local emergency
794 management or operations centers.
795 (e) Other projects that the division may define by rule.
796 (4) The division may coordinate with other state agencies
797 and political subdivisions to develop and implement innovative
798 approaches to funding mitigation projects using grants under the
799 Hazard Mitigation Grant Program, including, but not limited to,
800 combining funding received from multiple federal and state

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801 programs. The division, in cooperation with other state agencies
802 that administer federal grant programs, shall ensure that:
803 (a) Projects funded through multiple programs comply with
804 all applicable federal and state requirements of the respective
805 programs under which funding was received.
806 (b) Funding is used for projects in the geographic areas
807 specified in the grant of funding.
808 (5) A fiscally constrained county may request that the
809 division administer the grant for such county. A fiscally
810 constrained county may request additional assistance from the
811 division in preparing applications for grants and developing a
812 structure for implementing, monitoring the execution of, and
813 closing out projects.
814 (6) The division shall adopt rules to implement this
815 section.
816 Section 17. Paragraph (a) of subsection (2) of section
817 252.373, Florida Statutes, is amended to read:
818 252.373 Allocation of funds; rules.—
819 (2) The division shall allocate funds from the Emergency
820 Management, Preparedness, and Assistance Trust Fund to local
821 emergency management agencies and programs pursuant to criteria
822 specified in rule. Such rules shall include, but are not limited
823 to:
824 (a) Requiring that, at a minimum, a local emergency
825 management agency either:

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826 1. Have a program director who works at least 40 hours a
827 week in that capacity; or
828 2. If the county has fewer than 75,000 population or is
829 party to an interjurisdictional emergency management agreement
830 entered into pursuant to s. 252.38(3)(c) s. 252.38(3)(b), that
831 is recognized by the Governor by executive order or rule, have
832 an emergency management coordinator who works at least 20 hours
833 a week in that capacity.
834 Section 18. Present paragraphs (a) and (b) of subsection
835 (3) of section 252.38, Florida Statutes, are redesignated as
836 paragraphs (b) and (c), respectively, a new paragraph (a) is
837 added to that subsection, and paragraph (a) of subsection (1) is
838 amended, to read:
839 252.38 Emergency management powers of political
840 subdivisions.—Safeguarding the life and property of its citizens
841 is an innate responsibility of the governing body of each
842 political subdivision of the state.
843 (1) COUNTIES.—
844 (a) In order to provide effective and orderly governmental
845 control and coordination of emergency operations in emergencies
846 within the scope of ss. 252.31-252.90, each county within this
847 state shall be within the jurisdiction of, and served by, the
848 division. Except as otherwise provided in ss. 252.31-252.90,
849 each local emergency management agency shall have jurisdiction
850 over and serve an entire county. Unless part of an

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851 interjurisdictional emergency management agreement entered into
852 pursuant to paragraph (3)(c) (3)(b) which is recognized by the
853 Governor by executive order or rule, each county must establish
854 and maintain such an emergency management agency and shall
855 develop a county emergency management plan and program that is
856 coordinated and consistent with the state comprehensive
857 emergency management plan and program. Counties that are part of
858 an interjurisdictional emergency management agreement entered
859 into pursuant to paragraph (3)(c) (3)(b) which is recognized by
860 the Governor by executive order or rule shall cooperatively
861 develop an emergency management plan and program that is
862 coordinated and consistent with the state comprehensive
863 emergency management plan and program.
864 (3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS.—
865 (a) Each political subdivision shall notify the division
866 on or before May 1 each year of the person designated as the
867 emergency contact for the political subdivision and his or her
868 alternate and of any changes in persons so designated
869 thereafter. For a county, the emergency contact must be the
870 county emergency management director.
871 Section 19. Section 252.381, Florida Statutes, is created
872 to read:
873 252.381 Information related to natural emergencies;
874 poststorm county and municipal permitting; operations.—
875 (1) Each county and municipality must post on its publicly

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876 accessible website:
877 (a) A frequently asked questions web page related to
878 natural emergency response, emergency preparedness, and public
879 relief for residents following an emergency. The web page must
880 answer questions concerning resident evacuations; safety tips;
881 generator, food and drinking water, and wastewater and
882 stormwater safety; damage assessment; debris cleanup; accessing
883 assistance through the Federal Emergency Management Agency and
884 this state; building recovery; natural emergency guidance;
885 applicable laws; and what to do before, during, and after an
886 emergency.
887 (b) A disaster supply list and a list of emergency
888 shelters.
889 (c) Links to information about flood zones.
890 (d) A checklist for residents explaining next steps to
891 take during postdisaster recovery.
892 (2) Each county and municipality shall develop a poststorm
893 permitting plan to expedite recovery and rebuilding by providing
894 for special building permit and inspection procedures after a
895 hurricane or tropical storm. The plan must, at a minimum:
896 (a) Ensure sufficient personnel are prepared and available
897 to expeditiously manage postdisaster building inspection,
898 permitting, and enforcement tasks. The plan must anticipate
899 conditions that would necessitate supplemental personnel for
900 such tasks and address methods for fulfilling such personnel

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901 needs, including through mutual aid agreements as authorized in
902 s. 252.40, other arrangements, such as those with private sector
903 contractors, or supplemental state or federal funding. The plan
904 must include training requirements and protocols for
905 supplemental personnel to ensure compliance with local
906 floodplain management requirements that apply within the county
907 or municipality.
908 (b) Account for multiple or alternate locations where
909 building permit services may be offered in person to the public
910 following a hurricane or tropical storm during regular business
911 hours.
912 (c) Specify a protocol to expedite permitting procedures
913 and, if practicable, for the waiver or reduction of applicable
914 fees in accordance with and in addition to the procedures and
915 waivers provided for under s. 553.7922. The plan must identify
916 the types of permits that are frequently requested following a
917 hurricane or tropical storm and methods to expedite the
918 processing of such permits.
919 (d) Specify procedures and resources necessary to promote
920 expeditious debris removal following a hurricane or tropical
921 storm.
922 (3)(a) Each county and municipality shall publish on its
923 website a hurricane and tropical storm recovery permitting guide
924 for residential and commercial property owners. The guide must
925 describe:

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926 1. The types of poststorm repairs that require a permit
927 and applicable fees.
928 2. The types of poststorm repairs that do not require a
929 permit.
930 3. The poststorm permit application process and specific
931 modifications the county or municipality commonly makes to
932 expedite the process, including the physical locations where
933 permitting services will be offered.
934 4. Local requirements for rebuilding specific to the
935 county or municipality, including elevation requirements
936 following substantial damage and substantial improvement
937 pursuant to the National Flood Insurance Program (NFIP) and any
938 local amendments to the building code.
939 (b) As soon as practicable following a hurricane or
940 tropical storm, a county or municipality within the area for
941 which a state of emergency pursuant to s. 252.36 for such
942 hurricane or tropical storm is declared shall publish updates on
943 its website to the information required under paragraph (a)
944 which are specific to such storm, including any permitting fee
945 waivers or reductions.
946 (4) For 180 days after a state of emergency is declared
947 pursuant to s. 252.36 for a hurricane or tropical storm, a
948 county or municipality within the area for which the state of
949 emergency is declared may not increase building permit or
950 inspection fees.

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951 (5) Each county and municipality must provide an online
952 option for receiving, reviewing, and accessing substantial
953 damage and substantial improvement letters. The county or
954 municipality must allow homeowners to provide an e-mail address
955 where they can receive digital copies of such letters.
956 (6) As soon as reasonably possible, each county and
957 municipality that has experienced a direct impact from a natural
958 emergency must use its best efforts to open a permitting office
959 at which residents can access government services for at least
960 40 hours per week.
961 (7) Beginning October 1, 2025, emergency management
962 personnel of a county or municipality, and individuals who
963 perform key roles in postdisaster response for a county or
964 municipality, must complete the training provided pursuant to s.
965 252.35 every 2 years.
966 Section 20. Subsections (2) and (3) of section 252.385,
967 Florida Statutes, are amended to read:
968 252.385 Public shelter space; public records exemption.—
969 (2)(a) The division shall administer a program to survey
970 existing schools, universities, community colleges, and other
971 state-owned, municipally owned, and county-owned public
972 buildings and any private facility that the owner, in writing,
973 agrees to provide for use as a public hurricane evacuation
974 shelter to identify those that are appropriately designed and
975 located to serve as such shelters. The owners of the facilities

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976 must be given the opportunity to participate in the surveys. The
977 state university boards of trustees, district school boards,
978 community college boards of trustees, and the Department of
979 Education are responsible for coordinating and implementing the
980 survey of public schools, universities, and community colleges
981 with the division or the local emergency management agency.
982 (b) By January 31 of each even-numbered year, the division
983 shall prepare and submit a statewide emergency shelter plan to
984 the Governor and Cabinet for approval, subject to the
985 requirements for approval in s. 1013.37(2). The emergency
986 shelter plan must project, for each of the next 5 years, the
987 hurricane shelter needs of the state, including periods of time
988 during which a concurrent public health emergency may
989 necessitate more space for each individual to accommodate
990 physical distancing. In addition to information on the general
991 shelter needs throughout this state, the plan must identify the
992 general location and square footage of special needs shelters,
993 by regional planning council region. The plan must also include
994 information on the availability of shelters that accept pets.
995 The Department of Health shall assist the division in
996 determining the estimated need for special needs shelter space
997 and the adequacy of facilities to meet the needs of persons with
998 special needs based on information from the registries of
999 persons with special needs and other information.
1000 (3)(a) The division shall annually provide by October 15

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1001 to the Governor, the President of the Senate, and the Speaker of
1002 the House of Representatives a report that includes, and the
1003 Governor a list of facilities recommended to be retrofitted
1004 using state funds. State funds should be maximized and targeted
1005 to projects in counties regional planning council regions with
1006 hurricane evacuation shelter deficits. Additionally, the
1007 division shall prioritize on the list of recommended facilities
1008 other state-owned, municipal-owned, and county-owned public
1009 buildings, other than schools, for retrofitting using state
1010 funds. The owner or lessee of a public hurricane evacuation
1011 shelter that is included on the list of facilities recommended
1012 for retrofitting is not required to perform any recommended
1013 improvements.
1014 (b) The report required in paragraph (a) must include a
1015 statewide emergency shelter plan that must project, for each of
1016 the next 5 years, the hurricane shelter needs of the state. In
1017 addition to information on the general shelter needs throughout
1018 this state, the plan must identify, by county, the general
1019 location and square footage of special needs shelters. The plan
1020 must also include information on the availability of shelters
1021 that accept pets. The Department of Health and the Agency for
1022 Persons with Disabilities shall assist the division in
1023 determining the estimated need for special needs shelter space,
1024 the estimated need for general shelter space to accommodate
1025 persons with developmental disabilities, including, but not

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1026 limited to, autism, and the adequacy of facilities to meet the
1027 needs of persons with special needs based on information from
1028 the registries of persons with special needs and other
1029 information.
1030 Section 21. Section 252.421, Florida Statutes, is created
1031 to read:
1032 252.421 Management of roadway debris related to natural
1033 emergencies.—The division shall coordinate with fiscally
1034 constrained counties, as described in s. 218.67(1), included in
1035 a declared state of emergency for a natural emergency and the
1036 Department of Transportation to provide such counties with state
1037 resources to remove debris from roadways, including roadways
1038 that are publicly accessible but not maintained by the county.
1039 Section 22. Section 252.422, Florida Statutes, is created
1040 to read:
1041 252.422 Restrictions on county or municipal regulations
1042 after a hurricane.—
1043 (1) As used in this section, the term "impacted local
1044 government" means a county or municipality located entirely or
1045 partially within 100 miles of the track of a storm declared to
1046 be a hurricane by the National Hurricane Center. The term only
1047 includes such local governments within 100 miles of the track
1048 while the storm was categorized as a hurricane.
1049 (2) For 2 years after a hurricane makes landfall, an
1050 impacted local government may not propose or adopt:

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1051 (a) A moratorium on construction, reconstruction, or
1052 redevelopment of any property.
1053 (b) A more restrictive or burdensome amendment to its
1054 comprehensive plan or land development regulations.
1055 (c) A more restrictive or burdensome procedure concerning
1056 review, approval, or issuance of a site plan, development
1057 permit, or development order, to the extent that those terms are
1058 defined in s. 163.3164.
1059 (3) Notwithstanding paragraph (a), a comprehensive plan
1060 amendment, land development regulation amendment, site plan,
1061 development permit, or development order approved or adopted by
1062 an impacted local government before or after the effective date
1063 of this act may be enforced if:
1064 (a) The associated application is initiated by a private
1065 party other than the impacted local government.
1066 (b) The property that is the subject of the application is
1067 owned by the initiating private party.
1068 (4)(a) Any person may file suit against any impacted local
1069 government for declaratory and injunctive relief to enforce this
1070 section.
1071 (b) A county or municipality may request a determination
1072 by a court of competent jurisdiction as to whether such action
1073 violates this section. Upon such a request, the county or
1074 municipality may not enforce the action until the court has
1075 issued a preliminary or final judgment determining whether the

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1076 action violates this section.
1077 (c) Before a plaintiff may file suit, the plaintiff shall
1078 notify the impacted local government by setting forth the facts
1079 upon which the complaint or petition is based and the reasons
1080 the impacted local government's action violates this section.
1081 Upon receipt of the notice, the impacted local government shall
1082 have 14 days to withdraw or revoke the action at issue or
1083 otherwise declare it void. If the impacted local government does
1084 not withdraw or revoke the action at issue within the time
1085 prescribed, the plaintiff may file suit. The plaintiff shall be
1086 entitled to entry of a preliminary injunction to prevent the
1087 impacted local government from implementing the challenged
1088 action during pendency of the litigation. In any action
1089 instituted pursuant to this paragraph, the prevailing plaintiff
1090 shall be entitled to reasonable attorney fees and costs.
1091 (d) In any case brought under this section, any party is
1092 entitled to the summary procedure provided in s. 51.011, and the
1093 court shall advance the cause on the calendar.
1094 Section 23. Section 252.505, Florida Statutes, is created
1095 to read:
1096 252.505 Breach of contract during emergency recovery
1097 periods for natural emergencies.—Each state or local government
1098 contract for goods or services related to emergency response for
1099 a natural emergency entered into, renewed, or amended on or
1100 after July 1, 2025, must include a provision that requires a

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1101 vendor or service provider that breaches such contract during an
1102 emergency recovery period to pay actual and consequential
1103 damages and a $5,000 penalty. As used in this section, the term
1104 "emergency recovery period" means a 1-year period that begins on
1105 the date that the Governor initially declared a state of
1106 emergency for a natural emergency.
1107 Section 24. Subsection (1) of section 400.063, Florida
1108 Statutes, is amended to read:
1109 400.063 Resident protection.—
1110 (1) The Health Care Trust Fund shall be used for the
1111 purpose of collecting and disbursing funds generated from the
1112 license fees and administrative fines as provided for in ss.
1113 393.0673(5), 400.062(3), 400.121(2), and 400.23(8). Such funds
1114 shall be for the sole purpose of paying for the appropriate
1115 alternate placement, care, and treatment of residents who are
1116 removed from a facility licensed under this part or a facility
1117 specified in s. 393.0678(1) in which the agency determines that
1118 existing conditions or practices constitute an immediate danger
1119 to the health, safety, or security of the residents. If the
1120 agency determines that it is in the best interest of the health,
1121 safety, or security of the residents to provide for an orderly
1122 removal of the residents from the facility, the agency may
1123 utilize such funds to maintain and care for the residents in the
1124 facility pending removal and alternative placement. The
1125 maintenance and care of the residents shall be under the

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1126 direction and control of a receiver appointed pursuant to s.
1127 393.0678(1) or s. 400.126(1). However, funds may be expended in
1128 an emergency upon a filing of a petition for a receiver, upon
1129 the declaration of a state of local emergency pursuant to s.
1130 252.38(3)(b)5. s. 252.38(3)(a)5., or upon a duly authorized
1131 local order of evacuation of a facility by emergency personnel
1132 to protect the health and safety of the residents.
1133 Section 25. Subsection (7) of section 403.7071, Florida
1134 Statutes, is amended, and subsection (8) is added to that
1135 section, to read:
1136 403.7071 Management of storm-generated debris.—Solid waste
1137 generated as a result of a storm event that is the subject of an
1138 emergency order issued by the department may be managed as
1139 follows:
1140 (7) Unless otherwise specified in a contract or franchise
1141 agreement between a local government and a private solid waste
1142 or debris management service provider, a private solid waste or
1143 debris management service provider is not required to collect
1144 storm-generated yard trash. Local governments are authorized and
1145 encouraged to add an addendum to existing contracts or franchise
1146 agreements for collection of storm-generated debris.
1147 (8)(a) Each county and municipality shall apply to the
1148 department for authorization of at least one debris management
1149 site as described in subsection (2) and shall annually seek
1150 preauthorization for any previously approved debris management

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1151 sites, as allowed by the department.
1152 (b) A municipality may jointly apply for authorization of
1153 a debris management site with a county or at least one adjacent
1154 municipality, if the parties develop and approve a memorandum of
1155 understanding. Such memorandum must clearly outline the capacity
1156 of the debris management site and location of the site relative
1157 to each party. The memorandum of understanding must be approved
1158 annually as part of the preauthorization process described in
1159 paragraph (a).
1160 Section 26. Section 489.1132, Florida Statutes, is created
1161 to read:
1162 489.1132 Regulation of hoisting equipment used in
1163 construction, demolition, or excavation work during a
1164 hurricane.—
1165 (1) As used in this section, the term:
1166 (a) "Hoisting equipment" means power-operated cranes,
1167 derricks, and hoists used in construction, demolition, or
1168 excavation work that are regulated by the Occupational Safety
1169 and Health Administration under 29 C.F.R. 66 parts 1910.66 and
1170 1926.66.
1171 (b) "Mobile crane" means a type of hoisting equipment
1172 incorporating a cable-suspended latticed boom or hydraulic
1173 telescoping boom designed to be moved between operating
1174 locations by transport over a roadway. The term does not include
1175 a mobile crane with a boom length of less than 25 feet or a

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1176 maximum rated load capacity of less than 15,000 pounds.
1177 (c) "Tower crane" means a type of hoisting equipment using
1178 a vertical mast or tower to support a working boom in an
1179 elevated position if the working boom can rotate to move loads
1180 laterally either by rotating at the top of the mast or tower or
1181 by the rotation of the mast or tower itself, whether the mast or
1182 tower base is fixed in one location or ballasted and moveable
1183 between locations.
1184 (2)(a) When a tower crane or mobile crane is located on a
1185 worksite, a hurricane preparedness plan for the crane must be
1186 available for inspection at the worksite.
1187 (b) In preparation for a hurricane, hoisting equipment
1188 must be secured in the following manner no later than 24 hours
1189 before the impacts of the hurricane are anticipated to begin:
1190 1. All hoisting equipment must be secured in compliance
1191 with manufacturer recommendations relating to hurricane and
1192 high-wind events, including any recommendations relating to the
1193 placement, use, and removal of advertising banners and rigging.
1194 2. Tower crane turntables must be lubricated before the
1195 event.
1196 3. Fixed booms on mobile cranes must be laid down whenever
1197 feasible.
1198 4. Booms on hydraulic cranes must be retracted and stored.
1199 5. The counterweights of any hoists must be locked below
1200 the top tie-in.

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1201 6. Tower cranes must be set in the weathervane position.
1202 7. All rigging must be removed from hoist blocks.
1203 8. All power at the base of tower cranes must be
1204 disconnected.
1205 (3) A person licensed under this part who intentionally
1206 violates this section is subject to discipline under ss. 455.227
1207 and 489.129.
1208 Section 27. The Division of Emergency Management shall
1209 consult with local governments, the Department of Business and
1210 Professional Regulation, the Department of Environmental
1211 Protection, and any other appropriate agencies to develop
1212 recommendations for statutory changes necessary to streamline
1213 the permitting process for repairing and rebuilding structures
1214 damaged during natural emergencies. By July 1, 2026, the
1215 division shall provide a report containing such recommendations
1216 to the President of the Senate and the Speaker of the House of
1217 Representatives.
1218 Section 28. (1) Each county listed in the Federal
1219 Disaster Declaration for Hurricane Debby (DR-4806), Hurricane
1220 Helene (DR-4828), or Hurricane Milton (DR-4834), and each
1221 municipality within one of those counties, may not propose or
1222 adopt any moratorium on construction, reconstruction, or
1223 redevelopment of any property damaged by such hurricanes;
1224 propose or adopt more restrictive or burdensome amendments to
1225 its comprehensive plan or land development regulations; or

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1226 propose or adopt more restrictive or burdensome procedures
1227 concerning review, approval, or issuance of a site plan,
1228 development permit, or development order, to the extent that
1229 those terms are defined by s. 163.3164, Florida Statutes, before
1230 October 1, 2027, and any such moratorium or restrictive or
1231 burdensome comprehensive plan amendment, land development
1232 regulation, or procedure shall be null and void ab initio. This
1233 subsection applies retroactively to August 1, 2024.
1234 (2) Notwithstanding subsection (1), any comprehensive plan
1235 amendment, land development regulation amendment, site plan,
1236 development permit, or development order approved or adopted by
1237 a county or municipality before or after the effective date of
1238 this act may be enforced if:
1239 (a) The associated application is initiated by a private
1240 party other than the county or municipality.
1241 (b) The property that is the subject of the application is
1242 owned by the initiating private party.
1243 (3)(a) A resident of or the owner of a business in a
1244 county or municipality may bring a civil action for declaratory
1245 and injunctive relief against the county or municipality for a
1246 violation of this section. Pending adjudication of the action
1247 and upon filing of a complaint showing a violation of this
1248 section, the resident or business owner is entitled to a
1249 preliminary injunction against the county or municipality
1250 preventing implementation of the moratorium or the comprehensive

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1251 plan amendment, land development regulation, or procedure. If
1252 such civil action is successful, the resident or business owner
1253 is entitled to reasonable attorney fees and costs.
1254 (b) Attorney fees and costs and damages may not be awarded
1255 pursuant to this subsection if:
1256 1. The resident or business owner provides the governing
1257 body of the county or municipality written notice that a
1258 proposed or enacted moratorium, comprehensive plan amendment,
1259 land development regulation, or procedure is in violation of
1260 this section; and
1261 2. The governing body of the county or municipality
1262 withdraws the proposed moratorium, comprehensive plan amendment,
1263 land development regulation, or procedure within 14 days; or, in
1264 the case of an adopted moratorium, comprehensive plan amendment,
1265 land development regulation, or procedure, the governing body of
1266 a county or municipality notices an intent to repeal within 14
1267 days after receipt of the notice and repeals the moratorium,
1268 comprehensive plan amendment, land development regulation, or
1269 procedure within 14 days thereafter.
1270 (4) This section expires June 30, 2028.
1271 Section 29. The Division of Law Revision is directed to
1272 replace the phrase "the effective date of this act" wherever it
1273 occurs in this act with the date this act becomes a law.
1274 Section 30. This act shall take effect upon becoming a
1275 law.

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Bill No. CS/HB 1535 (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 McFarland offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Section 83.63, Florida Statutes, is amended to
8 read:
9 83.63 Casualty damage.—If the premises are damaged or
10 destroyed other than by the wrongful or negligent acts of the
11 tenant so that the enjoyment of the premises is substantially
12 impaired:,
13 (1) The tenant may terminate the rental agreement and
14 immediately vacate the premises. The tenant may vacate the part
15 of the premises rendered unusable by the casualty, in which case
16 the tenant's liability for rent shall be reduced by the fair
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Amendment No.

17 rental value of that part of the premises damaged or destroyed.
18 If the rental agreement is terminated, the landlord shall comply
19 with s. 83.49(3).
20 (2) The tenant must be given:
21 (a) The opportunity to collect his or her belongings from
22 the premises when it is safe to do so; or
23 (b) Notice of the date by which the tenant will be able to
24 collect his or her belongings from the premises, which must
25 occur within a reasonable time.
26 Section 2. Subsection (3) of section 101.733, Florida
27 Statutes, is amended to read:
28 101.733 Emergency suspension or delay of an election
29 emergency; purpose; elections emergency contingency plan.—
30 Because of the existing and continuing possibility of an
31 emergency or common disaster occurring before or during a
32 regularly scheduled or special election, and in order to ensure
33 maximum citizen participation in the electoral process and
34 provide a safe and orderly procedure for persons seeking to
35 exercise their right to vote, generally to minimize to whatever
36 degree possible a person's exposure to danger during declared
37 states of emergency, and to protect the integrity of the
38 electoral process, it is hereby found and declared to be
39 necessary to designate a procedure for the emergency suspension
40 or delay and rescheduling of elections.

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41 (3) The Division of Elections of the Department of State
42 shall adopt, by rule, an elections emergency contingency plan,
43 which shall contain goals and policies that give specific
44 direction to state and local elections officials when an
45 election has been suspended or delayed due to an emergency. The
46 contingency plan shall be statewide in scope and shall address,
47 but not be limited to, the following concerns:
48 (a) Providing a procedure for state and local elections
49 officials to follow when an election has been suspended or
50 delayed to ensure notice of the suspension or delay to the
51 proper authorities, the electorate, the communications media,
52 poll workers, and the custodians of polling places.
53 (b) Providing a procedure for the orderly conduct of a
54 rescheduled election, whether municipal, county, district, or
55 statewide in scope; coordinating those efforts with the
56 appropriate elections official, and the members of the governing
57 body holding such election, if appropriate; and working with the
58 appropriate emergency management officials in determining the
59 safety of existing polling places or designating additional
60 polling places.
61 (c) Providing a procedure for the release and
62 certification of election returns to the department for
63 elections suspended or delayed and subsequently rescheduled
64 under the provisions of ss. 101.731-101.74.

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65 Section 3. Section 101.7325, Florida Statutes, is created
66 to read:
67 101.7325 Election emergency.—
68 (1) If the Governor declares a state of emergency for a
69 natural emergency, as defined in s. 252.34, fewer than 60 days
70 before an election, the supervisor of a county designated as
71 affected by such declaration may request approval from the
72 Secretary of State to take any of the following actions
73 necessary while the declaration continues to designate the area
74 as an affected area:
75 (a) Notwithstanding the designation deadline in s.
76 101.657(1)(b), change the location of designated early voting
77 sites. The request must identify the new address of each early
78 voting site and the hours during which early voting will occur
79 at each site.
80 (b) Notwithstanding the early voting site locations
81 authorized in s. 101.657(1), request early voting sites at
82 locations not specifically authorized in law. The request must
83 set forth sufficient facts to establish that a sufficient number
84 of early voting sites that were designated, or that may be
85 designated under paragraph (a), are unavailable due to the
86 emergency. For purposes of this paragraph, reasons that early
87 voting sites may be unavailable include, but are not limited to,
88 the site is no longer safe for occupancy, the site is located in
89 an area that is currently dangerous to travel to and from, or
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90 the site does not have adequate utilities. An early voting site
91 designated under this paragraph must, to the maximum extent
92 practicable, be geographically located so as to provide all
93 voters in the area with an equal opportunity to cast a ballot.
94 (c) Notwithstanding s. 101.657(1)(d), allow early voting
95 to occur the day before an election.
96 (d) Notwithstanding ss. 101.657 and 101.71, allow election
97 day voting at early voting sites. The request must set forth
98 sufficient facts to establish that a sufficient number of early
99 voting sites that were designated, or that may be designated
100 under paragraph (a), are unavailable due to the emergency. For
101 purposes of this paragraph, reasons that a polling place may be
102 unavailable include, but are not limited to, the polling place
103 is no longer safe for occupancy, the polling place is located in
104 an area that is currently dangerous to travel to and from, or
105 the polling place does not have adequate utilities. An early
106 voting site designated as a polling place under this paragraph
107 must, to the maximum extent practicable, be geographically
108 located so as to provide all voters in the area with an equal
109 opportunity to cast a ballot.
110 (e) Notwithstanding the designation deadline in s.
111 101.69(2)(b), designate additional secure ballot intake
112 stations. The request must identify the location of the
113 additional secure ballot intake stations.

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114 (f) Send a vote-by-mail ballot to a voter who has
115 requested such ballot:
116 1. By forwardable mail or to an address other than the
117 address listed for the voter in the statewide voter registration
118 system.
119 2. Notwithstanding s. 101.62(1)(a) and (b), without the
120 voter's written request or if a written request is not signed.
121 3. Notwithstanding s. 101.62(3)(c), as soon as
122 practicable.
123 (g) If the supervisor determines that a poll worker
124 shortage exists, appoint poll workers who have not met the
125 training requirements in s. 102.014. However, such poll workers
126 must have received the required training within the previous 2
127 years.
128 (h) Notwithstanding s. 102.012(2), appoint inspectors and
129 clerks who are registered qualified electors of this state but
130 who are not registered qualified electors of the applicable
131 county.
132 (2) Each supervisor of an affected area that submits a
133 request pursuant to subsection (1) must submit all such requests
134 at once. The Secretary of State must approve or deny the
135 requests in writing within 36 hours after receipt. If the
136 Secretary of State fails to approve or deny a request within the
137 36-hour period, the request is deemed approved. The Secretary of
138 State must publish each response on the department’s website.
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139 (3) The supervisor shall use print and broadcast media,
140 social media, Internet websites, polling place signage, and any
141 other method necessary to inform affected voters of any changes
142 to elections made under this section.
143 Section 4. Section 101.735, Florida Statutes, is created
144 to read:
145 101.735 Election emergency contingency plans.—
146 (1) The division shall adopt by rule a statewide election
147 emergency contingency plan to provide specific direction in the
148 event an emergency occurs preceding or during an election. The
149 contingency plan shall include, at minimum, procedures to:
150 (a) Ensure that necessary parties are notified of any
151 changes impacting an election that has been suspended, delayed,
152 rescheduled, or otherwise affected by an emergency. As used in
153 this paragraph, necessary parties include proper authorities,
154 the electorate, the media, poll workers, and polling place
155 custodians.
156 (b) Ensure that an election that has been suspended,
157 delayed, rescheduled, or otherwise affected by an emergency is
158 conducted in a safe and orderly manner. The procedures must
159 include a plan to coordinate the actions of the division,
160 supervisors, county canvassing boards, and, if appropriate,
161 members of the governing body holding such election.

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162 (c) Determine the safety of existing polling places or
163 designate additional polling places in coordination with the
164 appropriate emergency management officials.
165 (d) Release and certify returns to the division for
166 elections suspended, delayed, rescheduled, or otherwise affected
167 by an emergency.
168 (e) Coordinate efforts between supervisors in affected and
169 unaffected counties to ensure voting opportunities for affected
170 voters, including ensuring the delivery of vote-by-mail ballots
171 to law enforcement officers, military personnel, first
172 responders, and utility line workers.
173 (2) Each supervisor shall develop, in consultation with
174 local emergency management officials, a local election emergency
175 contingency plan. The contingency plan must be submitted to the
176 division for approval by May 1 of every odd-numbered year. The
177 division must determine whether the local election emergency
178 contingency plan is sufficient no later than May 30. The
179 division shall adopt rules to implement this subsection,
180 including the creation of standard criteria for determining the
181 sufficiency of local election emergency contingency plans.
182 Section 5. Section 101.736, Florida Statutes, is created
183 to read:
184 101.736 Election emergency training; best practices.—
185 (1) As used in this section, the term "tabletop exercise"
186 means a session in which participants are guided through
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187 possible scenarios and discuss their roles and responsibilities
188 if such a scenario occurs, as well as how they would respond to
189 such a scenario.
190 (2) The Secretary of State, in coordination with
191 supervisors, shall develop an election emergency training
192 program. The training is required for newly elected or appointed
193 supervisors and any critical staff, as determined by a
194 supervisor. The Secretary of State shall update such training at
195 least once every 4 years.
196 (3) By June 1 of every odd-numbered year, the Secretary of
197 State shall convene a workgroup to create a list of best
198 practices for conducting an election during an emergency.
199 (a) The workgroup must include at least 10 current
200 supervisors.
201 (b) The workgroup must participate in tabletop exercises
202 involving election emergencies.
203 (4) Using the list created in subsection (3), the
204 Secretary of State must:
205 (a) Incorporate practices applicable to all counties into
206 the statewide election emergency contingency plan under s.
207 101.735(1).
208 (b) Recommend practices applicable to specific counties to
209 the applicable supervisor for inclusion in the supervisor's
210 local election emergency contingency plan under s. 101.735(2).

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211 Section 6. Section 163.31795, Florida Statutes, is created
212 to read:
213 163.31795 Participation in the National Flood Insurance
214 Program.—
215 (1) For purposes of this section, the term:
216 (a) "Cumulative substantial improvement period" means the
217 period during which an aggregate of improvements or repairs are
218 considered for purposes of determining substantial improvement
219 as defined in s. 161.54(12).
220 (b) "Local government" has the same meaning as in s.
221 163.2514.
222 (2) A local government that is participating in the
223 National Flood Insurance Program may not adopt a cumulative
224 substantial improvement period that is longer than 1 year.
225 Section 7. Subsection (14) is added to section 163.31801,
226 Florida Statutes, to read:
227 163.31801 Impact fees; short title; intent; minimum
228 requirements; audits; challenges.—
229 (14) A local government, school district, or special
230 district may not assess an impact fee for the reconstruction or
231 replacement of a previously existing structure if the
232 replacement structure is of the same land use as the original
233 structure and does not increase the impact on public facilities
234 beyond that of the original structure. However, if the
235 replacement structure increases the demand on public facilities
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236 due to a significant increase in size, intensity, or capacity of
237 use, a local government, school district, or special district
238 may assess an impact fee in an amount proportional to the
239 difference in the demand between the replacement structure and
240 the original structure. Any such fee must be reasonably
241 connected to, or have a rational nexus with, the need for
242 additional capital facilities and the increased impact generated
243 by the reconstruction or replacement of a previously existing
244 structure.
245 Section 8. Paragraphs (a) and (b) of subsection (4) of
246 section 193.155, Florida Statutes, are amended to read:
247 193.155 Homestead assessments.—Homestead property shall be
248 assessed at just value as of January 1, 1994. Property receiving
249 the homestead exemption after January 1, 1994, shall be assessed
250 at just value as of January 1 of the year in which the property
251 receives the exemption unless the provisions of subsection (8)
252 apply.
253 (4)(a) Except as provided in paragraph (b) and s. 193.624,
254 changes, additions, or improvements to homestead property shall
255 be assessed at just value as of the first January 1 after the
256 changes, additions, or improvements are substantially completed.
257 Maintenance or repair of the homestead property, including roof
258 or window replacement, may not be considered to be a change, an
259 addition, or an improvement under this subsection.

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260 (b)1. Changes, additions, or improvements that replace all
261 or a portion of homestead property, including ancillary
262 improvements, damaged or destroyed by misfortune or calamity
263 shall be assessed upon substantial completion as provided in
264 this paragraph. Such assessment must be calculated using the
265 homestead property's assessed value as of the January 1
266 immediately before the date on which the damage or destruction
267 was sustained, subject to the assessment limitations in
268 subsections (1) and (2), when:
269 a. The square footage of the homestead property as changed
270 or improved does not exceed 130 110 percent of the square
271 footage of the homestead property before the damage or
272 destruction; or
273 b. The total square footage of the homestead property as
274 changed or improved does not exceed 2,000 1,500 square feet.
275 c. When a homestead property is elevated above the base
276 flood elevation within a special flood hazard area, the square
277 footage underneath the homestead property that is used only for
278 parking, storage, or access is not included when determining the
279 total square footage of the homestead property as changed or
280 improved under this paragraph.
281 2. The homestead property's assessed value must be
282 increased by the just value of that portion of the changed or
283 improved homestead property which is in excess of 130 110
284 percent of the square footage of the homestead property before
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285 the damage or destruction or of that portion exceeding 2,000
286 1,500 square feet.
287 3. Homestead property damaged or destroyed by misfortune
288 or calamity which, after being changed or improved, has a square
289 footage of less than 100 percent of the homestead property's
290 total square footage before the damage or destruction shall be
291 assessed pursuant to subsection (5).
292 4. Changes, additions, or improvements assessed pursuant
293 to this paragraph must be reassessed pursuant to subsection (1)
294 in subsequent years. This paragraph applies to changes,
295 additions, or improvements commenced within 5 years after the
296 January 1 following the damage or destruction of the homestead.
297 Section 9. Paragraph (b) of subsection (1) of section
298 215.559, Florida Statutes, is amended to read:
299 215.559 Hurricane Loss Mitigation Program.—A Hurricane
300 Loss Mitigation Program is established in the Division of
301 Emergency Management.
302 (1) The Legislature shall annually appropriate $10 million
303 of the moneys authorized for appropriation under s.
304 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
305 division for the purposes set forth in this section. Of the
306 amount:
307 (b) Three million dollars in funds shall be used to
308 construct or retrofit facilities used as public hurricane
309 shelters. Each year the division shall prioritize the use of
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310 these funds for projects included in the annual report of the
311 Shelter Development Report prepared in accordance with s.
312 252.385(3). The division shall must give funding priority to
313 projects located in counties regional planning council regions
314 that have shelter deficits, projects that are publicly owned,
315 other than schools, and to projects that maximize the use of
316 state funds.
317 Section 10. Section 250.375, Florida Statutes, is amended
318 to read:
319 250.375 Medical officer authorization.—A servicemember
320 trained to provide medical care who is serving under the
321 direction of the Florida National Guard State Surgeon and is
322 assigned to a military duty position and authorized by the
323 Florida National Guard to provide medical care within the scope
324 of the servicemember’s professional licensure by virtue of such
325 duty position may provide such medical care to military
326 personnel and civilians within this state physician who holds an
327 active license to practice medicine in any state, a United
328 States territory, or the District of Columbia, while serving as
329 a medical officer with or in support of the Florida National
330 Guard, pursuant to federal or state orders, may practice
331 medicine on military personnel or civilians during an emergency
332 or declared disaster or during federal military training.
333 Section 11. Paragraphs (y) through (dd) of subsection (2)
334 of section 252.35, Florida Statutes, are redesignated as
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335 paragraphs (x) through (cc), respectively, and paragraphs (a),
336 (c), and (s) and present paragraph (x) of that subsection are
337 amended to read:
338 252.35 Emergency management powers; Division of Emergency
339 Management.—
340 (2) The division is responsible for carrying out the
341 provisions of ss. 252.31-252.90. In performing its duties, the
342 division shall:
343 (a) Prepare a state comprehensive emergency management
344 plan, which must shall be integrated into and coordinated with
345 the emergency management plans and programs of the Federal
346 Government. The division shall adopt the plan as a rule in
347 accordance with chapter 120. The plan must be implemented by a
348 continuous, integrated comprehensive emergency management
349 program. The plan must contain provisions to ensure that the
350 state is prepared for emergencies and minor, major, and
351 catastrophic disasters, and the division shall work closely with
352 local governments and agencies and organizations with emergency
353 management responsibilities in preparing and maintaining the
354 plan. The state comprehensive emergency management plan must be
355 operations oriented and:
356 1. Include an evacuation component that includes specific
357 regional and interregional planning provisions and promotes
358 intergovernmental coordination of evacuation activities. This
359 component must, at a minimum: contain guidelines for lifting
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360 tolls on state highways; ensure coordination pertaining to
361 evacuees crossing county lines; set forth procedures for
362 directing people caught on evacuation routes to safe shelter;
363 establish strategies for ensuring sufficient, reasonably priced
364 fueling locations along evacuation routes; and establish
365 policies and strategies for emergency medical evacuations.
366 2. Include a shelter component that includes specific
367 regional and interregional planning provisions and promotes
368 coordination of shelter activities between the public, private,
369 and nonprofit sectors. This component must, at a minimum:
370 contain strategies to ensure the availability of adequate public
371 shelter space in each county region of the state; establish
372 strategies for refuge-of-last-resort programs; provide
373 strategies to assist local emergency management efforts to
374 ensure that adequate staffing plans exist for all shelters,
375 including medical and security personnel; provide for a
376 postdisaster communications system for public shelters;
377 establish model shelter guidelines for operations, registration,
378 inventory, power generation capability, information management,
379 and staffing; and set forth policy guidance for sheltering
380 people with special needs.
381 3. Include a postdisaster response and recovery component
382 that includes specific regional and interregional planning
383 provisions and promotes intergovernmental coordination of
384 postdisaster response and recovery activities. This component
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385 must provide for postdisaster response and recovery strategies
386 according to whether a disaster is minor, major, or
387 catastrophic. The postdisaster response and recovery component
388 must, at a minimum: establish the structure of the state's
389 postdisaster response and recovery organization; establish
390 procedures for activating the state's plan; set forth policies
391 used to guide postdisaster response and recovery activities;
392 describe the chain of command during the postdisaster response
393 and recovery period; describe initial and continuous
394 postdisaster response and recovery actions; identify the roles
395 and responsibilities of each involved agency and organization;
396 provide for a comprehensive communications plan; establish
397 procedures for coordinating and monitoring statewide mutual aid
398 agreements reimbursable under federal public disaster assistance
399 programs; provide for rapid impact assessment teams; ensure the
400 availability of an effective statewide urban search and rescue
401 program coordinated with the fire services; ensure the existence
402 of a comprehensive statewide medical care and relief plan
403 administered by the Department of Health; and establish systems
404 for coordinating volunteers and accepting and distributing
405 donated funds and goods.
406 4. Include additional provisions addressing aspects of
407 preparedness, response, recovery, and mitigation as determined
408 necessary by the division.

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409 5. Address the need for coordinated and expeditious
410 deployment of state resources, including the Florida National
411 Guard. In the case of an imminent major disaster, procedures
412 should address predeployment of the Florida National Guard, and,
413 in the case of an imminent catastrophic disaster, procedures
414 should address predeployment of the Florida National Guard and
415 the United States Armed Forces.
416 6. Establish a system of communications and warning to
417 ensure that the state's population and emergency management
418 agencies are warned of developing emergency situations,
419 including public health emergencies, and can communicate
420 emergency response decisions.
421 7. Establish guidelines and schedules for annual exercises
422 that evaluate the ability of the state and its political
423 subdivisions to respond to minor, major, and catastrophic
424 disasters and support local emergency management agencies. Such
425 exercises shall be coordinated with local governments and, to
426 the extent possible, the Federal Government.
427 8. Assign lead and support responsibilities to state
428 agencies and personnel for emergency support functions and other
429 support activities.
430 9. Include the public health emergency plan developed by
431 the Department of Health pursuant to s. 381.00315.
432 10. Include an update on the status of the emergency
433 management capabilities of the state and its political
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434 subdivisions. The update must include the emergency management
435 capabilities related to public health emergencies, as determined
436 in collaboration with the Department of Health.
437
438 The complete state comprehensive emergency management plan must
439 be submitted to the President of the Senate, the Speaker of the
440 House of Representatives, and the Governor on February 1 of
441 every even-numbered year.
442 (c) Assist political subdivisions in preparing and
443 maintaining emergency management plans. Such assistance must
444 include the development of a template for comprehensive
445 emergency management plans, including plans for natural
446 disasters, and guidance on the development of mutual aid
447 agreements.
448 (s) Complete an inventory of disaster response equipment,
449 including portable generators owned by the state and local
450 governments which are capable of operating during a major
451 disaster. The inventory must identify, at a minimum, the
452 location of each generator, the number of generators stored at
453 each specific location, the agency to which each generator
454 belongs, the primary use of the generator by the owner agency,
455 and the names, addresses, and telephone numbers of persons
456 having the authority to loan the stored generators as authorized
457 by the division during a declared emergency.

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458 (x) Report biennially to the President of the Senate, the
459 Speaker of the House of Representatives, the Chief Justice of
460 the Supreme Court, and the Governor, no later than February 1 of
461 every odd-numbered year, the status of the emergency management
462 capabilities of the state and its political subdivisions. This
463 report must include the emergency management capabilities
464 related to public health emergencies, as determined in
465 collaboration with the Department of Health.
466 Section 12. Subsection (4) is added, paragraph (b) of
467 subsection (2) of section 252.355, Florida Statutes, is amended,
468 and present subsection (4) is renumbered to subsection (5) to
469 read:
470 252.355 Registry of persons with special needs; notice;
471 registration program.—
472 (2) In order to ensure that all persons with special needs
473 may register, the division shall develop and maintain a special
474 needs shelter registration program. During a public health
475 emergency in which physical distancing is necessary, as
476 determined by the State Health Officer, the division must
477 maintain information on special needs shelter options that
478 mitigate the threat of the spread of infectious diseases.
479 (b) To assist in identifying persons with special needs,
480 home health agencies, hospices, nurse registries, home medical
481 equipment providers, the Department of Veterans' Affairs, the
482 Department of Children and Families, the Department of Health,
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483 the Agency for Health Care Administration, the Department of
484 Education, the Agency for Persons with Disabilities, the
485 Department of Elder Elderly Affairs, and memory disorder clinics
486 shall, and any physician licensed under chapter 458 or chapter
487 459 and any pharmacy licensed under chapter 465 may, annually
488 provide registration information to all of their special needs
489 clients or their caregivers. The Florida Housing Finance
490 Corporation shall enter into memoranda of understanding with the
491 Department of Elder Affairs and with the Agency for Persons with
492 Disabilities, to ensure special needs registry information is
493 provided to residents of low income senior independent
494 living properties, and independent living properties for persons
495 with intellectual or developmental disabilities, funded by the
496 Florida Housing Finance Corporation, respectively. The division
497 shall develop a brochure that provides information regarding
498 special needs shelter registration procedures. The brochure must
499 be easily accessible on the division's website. All appropriate
500 agencies and community-based service providers, including aging
501 and disability resource centers, memory disorder clinics, home
502 health care providers, hospices, nurse registries, and home
503 medical equipment providers, shall, and any physician licensed
504 under chapter 458 or chapter 459 may, assist emergency
505 management agencies by annually registering persons with special
506 needs for special needs shelters, collecting registration
507 information for persons with special needs as part of the
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508 program intake process, and establishing programs to educate
509 clients about the registration process and disaster preparedness
510 safety procedures. A client of a state-funded or federally
511 funded service program who has a physical, mental, or cognitive
512 impairment or sensory disability and who needs assistance in
513 evacuating, or when in a shelter, must register as a person with
514 special needs. The registration program shall give persons with
515 special needs the option of preauthorizing emergency response
516 personnel to enter their homes during search and rescue
517 operations if necessary to ensure their safety and welfare
518 following disasters.
519 (4) The caregiver of a person with special needs who is
520 eligible for admission to a special needs shelter, and all
521 persons for whom he or she is the caregiver, shall be allowed to
522 shelter together in the special needs shelter. If a person with
523 special needs is responsible for the care of individuals without
524 special needs, those individuals shall be allowed to use the
525 special needs shelter with the person with special needs.
526 Section 13. Section 252.395, Florida Statutes, is amended
527 to read:
528 252.359 Ensuring availability of emergency supplies.—
529 (1) In order to meet the needs of residents affected
530 during a declared emergency and to ensure the continuing
531 economic resilience of communities impacted by disaster, the

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532 division shall establish a statewide system to facilitate the
533 transport and distribution of essentials in commerce.
534 (2) As used in this section, the term "essentials" means
535 goods that are consumed or used as a direct result of a declared
536 emergency, or that are consumed or used to preserve, protect, or
537 sustain life, health, safety, or economic well-being. The term
538 includes, but is not limited to, personal protective equipment
539 used in the event of a public health emergency.
540 (3) The division, as a function of emergency preparation,
541 response, and recovery, may facilitate shall develop a system to
542 certify each person who facilitates the transport or
543 distribution of essentials in commerce. The division may not
544 certify a person other than a person who routinely transports or
545 distributes essentials. In developing the system, the division:
546 (a) may provide for a preemergency or postemergency
547 transportation of essentials declaration certification.
548 (b) Shall allow the certification of an employer, if
549 requested by the employer, to constitute a certification of the
550 employer's employees.
551 (c) Shall create an easily recognizable indicium of
552 certification to assist local officials' efforts in determining
553 which persons have been certified under this subsection.
554 (d) Shall limit the duration of each certificate to no
555 more than 1 year. Each certificate may be renewed so long as the
556 criteria for certification are met.
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557 (4) A person authorized to transport essentials or
558 employer certified under subsection (3) is not required to
559 obtain any additional certification or fulfill any additional
560 requirement to transport or distribute essentials.
561 (5) Notwithstanding any curfew, restriction, road block,
562 quarantine, or other limitation on access to an area, a person
563 authorized or employer certified under subsection (3) to deliver
564 essentials may enter or remain in the restricted curfew area for
565 the limited purpose of facilitating the transport or
566 distribution of essentials and may provide service that exceeds
567 otherwise applicable hours of service maximums to the extent
568 authorized by a duly executed declaration of a state of
569 emergency. Local law enforcement shall cooperate with the
570 division to ensure the availability of essentials under this
571 section.
572 (6) This section does not prohibit a law enforcement
573 officer from specifying the permissible route of ingress or
574 egress for a person authorized certified under subsection (3).
575 Notwithstanding this section, all state roadways are determined
576 by the Florida Highway Patrol in coordination with the
577 Department of Transportation.
578 Section 14. Subsection (2) of section 252.3611, Florida
579 Statutes, is amended, and subsection (5) is added to that
580 section, to read:
581 252.3611 Transparency; audits.—
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582 (2) If When the duration of a declaration of a state of an
583 emergency issued by the Governor exceeds 90 days:
584 (a)1. The Executive Office of the Governor or the
585 appropriate agency, within 72 hours after of executing a
586 contract executed with moneys authorized for expenditure to
587 support the response to the declared state of emergency, must
588 the Executive Office of the Governor or the appropriate agency
589 shall submit a copy of such contract to the Legislature. For
590 contracts executed during the first 90 days of the declared
591 state of emergency, the Executive Office of the Governor or the
592 appropriate agency shall submit a copy to the Legislature within
593 the first 120 days of the declared state of emergency.
594 2. All contracts executed to support the response to a
595 declared state of emergency, including contracts executed before
596 a declared state of emergency to secure resources or services in
597 advance or anticipation of an emergency, must be posted on the
598 secure contract tracking system required under s. 215.985(14).
599 (b) The Executive Office of the Governor or the
600 appropriate agency shall submit monthly reports to the
601 Legislature of all state expenditures, revenues received, and
602 funds transferred by an agency during the previous month to
603 support the declared state of emergency.
604 (5) Annually, by January 15, the division shall report to
605 the President of the Senate, the Speaker of the House of
606 Representatives, and the chairs of the appropriations committee
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607 of each house of the Legislature on expenditures related to
608 emergencies incurred over the year from November 1 of the
609 previous year. The report must include:
610 (a) A separate summary of each emergency event, whether
611 complete or ongoing, and key actions taken by the division.
612 (b) Details of expenditures, separated by emergency event
613 and agency, for preparing for, responding to, or recovering from
614 the event. The report must specify detailed expenditures for the
615 entire report time period; specify total expenditures for the
616 event; and indicate amounts that are being or are anticipated to
617 be reimbursed by the Federal Emergency Management Agency or
618 other federal entity, amounts ineligible for reimbursement, and
619 any amounts deobligated by the Federal Emergency Management
620 Agency or other federal entity for reimbursement. The division
621 shall review expenditures by state agencies to ensure that
622 efforts, purchases, contracts, or expenditures are not
623 duplicated.
624 (c) An accounting of all inventory and assets purchased,
625 separated by emergency event and agency, for preparing for,
626 responding to, or recovering from the event, including motor
627 vehicles, boats, computers, and other equipment, and the current
628 status of such assets, including divestment, sale, or donation
629 by the state. The report must include a detailed accounting for
630 the entire report time period and specify a total for the event.

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631 Section 15. Subsection (4) of section 252.365, Florida
632 Statutes, is amended to read:
633 252.365 Emergency coordination officers; disaster-
634 preparedness plans.—
635 (4) On or before May 1 of each year, the head of each
636 agency shall notify the Governor and the division in writing of
637 the person initially designated as the emergency coordination
638 officer for such agency and her or his alternate and of any
639 changes in persons so designated thereafter.
640 Section 16. Present paragraphs (c) and (d) of subsection
641 (5) of section 252.37, Florida Statutes, are redesignated as
642 paragraphs (d) and (e), respectively, a new paragraph (c) is
643 added to that subsection, and subsection (7) is added to that
644 section, to read:
645 252.37 Financing.—
646 (5) Unless otherwise specified in the General
647 Appropriations Act:
648 (c) If the division intends to accept or apply for federal
649 funds for a division-administered program that is new, that will
650 be implemented in a manner that is innovative or significantly
651 different from the manner in which the program is typically
652 administered, or that will require a state match for which the
653 division will be required to seek new budget authority, the
654 division must notify the Legislature of its intent to accept or
655 apply for the federal funds. The notice must detail the federal
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656 program under which the funds will be accepted or applied for,
657 the intended purpose and use of the funds, and the amount of
658 funds, including the estimated state match.
659 (7) The division shall take steps to maximize the
660 availability and expedite the distribution of financial
661 assistance from the Federal Government to state and local
662 agencies. Such steps must include the standardization and
663 streamlining of the application process for financial assistance
664 through the federal Public Assistance Program and provision of
665 assistance to applicants in order to mitigate the risk of
666 noncompliance with federal program requirements. The division
667 shall use federal funds allocated as management costs or other
668 funds as appropriated to implement this subsection.
669 Section 17. Section 252.3713, Florida Statutes, is created
670 to read:
671 252.3713 Hazard Mitigation Grant Program.—
672 (1) The division shall administer the Hazard Mitigation
673 Grant Program as authorized and described in s. 404 of the
674 Robert T. Stafford Disaster Relief and Emergency Assistance Act,
675 as amended by Pub. L. No. 103-181, Pub. L. No. 103-337, and Pub.
676 L. No. 106-390.
677 (2) The division may retain no more than 25 percent of the
678 total federal allocation of funds received for use within the
679 state. A minimum of 75 percent of any funds received pursuant to
680 a declared disaster must be distributed for use by the
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681 subrecipients in the counties specified in the Presidential
682 Disaster Declaration for that disaster. However, a subrecipient
683 may elect to share some or all of its allocation with the
684 division to be used for projects benefiting the region in which
685 the subrecipient is located.
686 (3) The division and subrecipients shall consider projects
687 that fulfill the following purposes when adopting mitigation
688 strategies and plans and applying for funds under the grant
689 program:
690 (a) Reducing shelter space deficits through retrofitting
691 of existing shelters and hardening of public buildings that are
692 not schools. Reducing deficits in shelter space intended to
693 accommodate individuals with special needs must be prioritized
694 before addressing deficits in other types of shelter space.
695 Additionally, general population shelters which are retrofitted
696 must also account for federally accessibility standards and
697 state accessibility standards in part I of ch. 553.
698 (b) Mitigating impacts to public infrastructure, including
699 roads, bridges, and stormwater, water, and sewer systems, to
700 enhance resistance to natural hazards and prevent and reduce
701 losses.
702 (c) Mitigating impacts to school facilities which will
703 reduce future disaster losses and make the facilities more
704 resistant to natural hazards.

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705 (d) Retrofitting of regional and local emergency
706 management or operations centers.
707 (e) Other projects that the division may define by rule.
708 (4) The division may coordinate with other state agencies
709 and political subdivisions to develop and implement innovative
710 approaches to funding mitigation projects using grants under the
711 Hazard Mitigation Grant Program, including, but not limited to,
712 combining funding received from multiple federal and state
713 programs. The division, in cooperation with other state agencies
714 that administer federal grant programs, shall ensure that:
715 (a) Projects funded through multiple programs comply with
716 all applicable federal and state requirements of the respective
717 programs under which funding was received.
718 (b) Funding is used for projects in the geographic areas
719 specified in the grant of funding.
720 (5) A fiscally constrained county may request that the
721 division administer the grant for such county. A fiscally
722 constrained county may request additional assistance from the
723 division in preparing applications for grants and developing a
724 structure for implementing, monitoring the execution of, and
725 closing out projects.
726 (6) The division shall adopt rules to implement this
727 section.
728 Section 18. Paragraph (a) of subsection (2) of section
729 252.373, Florida Statutes, is amended to read:
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730 252.373 Allocation of funds; rules.—
731 (2) The division shall allocate funds from the Emergency
732 Management, Preparedness, and Assistance Trust Fund to local
733 emergency management agencies and programs pursuant to criteria
734 specified in rule. Such rules shall include, but are not limited
735 to:
736 (a) Requiring that, at a minimum, a local emergency
737 management agency either:
738 1. Have a program director who works at least 40 hours a
739 week in that capacity; or
740 2. If the county has fewer than 75,000 population or is
741 party to an interjurisdictional emergency management agreement
742 entered into pursuant to s. 252.38(3)(c) s. 252.38(3)(b), that
743 is recognized by the Governor by executive order or rule, have
744 an emergency management coordinator who works at least 20 hours
745 a week in that capacity.
746 Section 19. Present paragraphs (a) and (b) of subsection
747 (3) of section 252.38, Florida Statutes, are redesignated as
748 paragraphs (b) and (c), respectively, a new paragraph (a) is
749 added to that subsection, and paragraph (a) of subsection (1) is
750 amended, to read:
751 252.38 Emergency management powers of political
752 subdivisions.—Safeguarding the life and property of its citizens
753 is an innate responsibility of the governing body of each
754 political subdivision of the state.
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755 (1) COUNTIES.—
756 (a) In order to provide effective and orderly governmental
757 control and coordination of emergency operations in emergencies
758 within the scope of ss. 252.31-252.90, each county within this
759 state shall be within the jurisdiction of, and served by, the
760 division. Except as otherwise provided in ss. 252.31-252.90,
761 each local emergency management agency shall have jurisdiction
762 over and serve an entire county. Unless part of an
763 interjurisdictional emergency management agreement entered into
764 pursuant to paragraph (3)(c) (3)(b) which is recognized by the
765 Governor by executive order or rule, each county must establish
766 and maintain such an emergency management agency and shall
767 develop a county emergency management plan and program that is
768 coordinated and consistent with the state comprehensive
769 emergency management plan and program. Counties that are part of
770 an interjurisdictional emergency management agreement entered
771 into pursuant to paragraph (3)(c) (3)(b) which is recognized by
772 the Governor by executive order or rule shall cooperatively
773 develop an emergency management plan and program that is
774 coordinated and consistent with the state comprehensive
775 emergency management plan and program.
776 (3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS.—
777 (a) Each political subdivision shall notify the division
778 on or before May 1 each year of the person designated as the
779 emergency contact for the political subdivision and his or her
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780 alternate and of any changes in persons so designated
781 thereafter. For a county, the emergency contact must be the
782 county emergency management director.
783 Section 20. Section 252.381, Florida Statutes, is created
784 to read:
785 252.381 Information related to natural emergencies;
786 poststorm county and municipal permitting; operations.—
787 (1) Each county and municipality must post on its publicly
788 accessible website:
789 (a) A frequently asked questions web page related to
790 natural emergency response, emergency preparedness, and public
791 relief for residents following an emergency. The web page must
792 answer questions concerning resident evacuations; safety tips;
793 generator, food and drinking water, and wastewater and
794 stormwater safety; damage assessment; debris cleanup; accessing
795 assistance through the Federal Emergency Management Agency and
796 this state; building recovery; natural emergency guidance;
797 applicable laws; and what to do before, during, and after an
798 emergency.
799 (b) A disaster supply list and a list of emergency
800 shelters.
801 (c) Links to information about flood zones.
802 (d) A checklist for residents explaining next steps to
803 take during postdisaster recovery.

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804 (e) Information specific to persons with disabilities,
805 including but not limited to, guidelines for special needs
806 shelter registration; an explanation of how to register for
807 special needs shelters and where to obtain assistance with that
808 process; guidelines as to the level of care that is or is not
809 provided at a special needs shelter as well as situations when
810 either a general population shelter or hospital should be
811 considered; and any other post disaster assistance or resources
812 available to affected persons with disabilities impacted by a
813 disaster.
814 (2) Each county and municipality shall develop a poststorm
815 permitting plan to expedite recovery and rebuilding by providing
816 for special building permit and inspection procedures after a
817 hurricane or tropical storm. The plan must, at a minimum:
818 (a) Ensure sufficient personnel are prepared and available
819 to expeditiously manage postdisaster building inspection,
820 permitting, and enforcement tasks. The plan must anticipate
821 conditions that would necessitate supplemental personnel for
822 such tasks and address methods for fulfilling such personnel
823 needs, including through mutual aid agreements as authorized in
824 s. 252.40, other arrangements, such as those with private sector
825 contractors, or supplemental state or federal funding. The plan
826 must include training requirements and protocols for
827 supplemental personnel to ensure compliance with local

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828 floodplain management requirements that apply within the county
829 or municipality.
830 (b) Account for multiple or alternate locations where
831 building permit services may be offered in person to the public
832 following a hurricane or tropical storm during regular business
833 hours.
834 (c) Specify a protocol to expedite permitting procedures
835 and, if practicable, for the waiver or reduction of applicable
836 fees in accordance with and in addition to the procedures and
837 waivers provided for under s. 553.7922. The plan must identify
838 the types of permits that are frequently requested following a
839 hurricane or tropical storm and methods to expedite the
840 processing of such permits.
841 (d) Specify procedures and resources necessary to promote
842 expeditious debris removal following a hurricane or tropical
843 storm.
844 (3)(a) Each county and municipality shall publish on its
845 website a hurricane and tropical storm recovery permitting guide
846 for residential and commercial property owners. The guide must
847 describe:
848 1. The types of poststorm repairs that require a permit
849 and applicable fees.
850 2. The types of poststorm repairs that do not require a
851 permit.

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852 3. The poststorm permit application process and specific
853 modifications the county or municipality commonly makes to
854 expedite the process, including the physical locations where
855 permitting services will be offered.
856 4. Local requirements for rebuilding specific to the
857 county or municipality, including elevation requirements
858 following substantial damage and substantial improvement
859 pursuant to the National Flood Insurance Program (NFIP) and any
860 local amendments to the building code.
861 (b) As soon as practicable following a hurricane or
862 tropical storm, a county or municipality within the area for
863 which a state of emergency pursuant to s. 252.36 for such
864 hurricane or tropical storm is declared shall publish updates on
865 its website to the information required under paragraph (a)
866 which are specific to such storm, including any permitting fee
867 waivers or reductions.
868 (4) For 180 days after a state of emergency is declared
869 pursuant to s. 252.36 for a hurricane or tropical storm, a
870 county or municipality within the area for which the state of
871 emergency is declared may not increase building permit or
872 inspection fees.
873 (5) No later than May 1, 2026, each county and
874 municipality must provide an online option for receiving,
875 reviewing, and accessing substantial damage and substantial
876 improvement letters. The county or municipality must allow
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877 homeowners to provide an e-mail address where they can receive
878 digital copies of such letters.
879 (6) As soon as reasonably practicable following the
880 landfall and passage of a hurricane or tropical storm, each
881 county and municipality that has experienced a direct impact
882 from a natural emergency must use its best efforts to open a
883 permitting office at which residents can access government
884 services for at least 40 hours per week.
885 (7) Beginning October 1, 2025, emergency management
886 personnel of a county or municipality, and individuals who are
887 designated to perform key roles in postdisaster response for a
888 county or municipality, must complete the training provided by
889 the division pursuant to s. 252.35 every 2 years.
890 Section 21. Subsections (2) and (3) of section 252.385,
891 Florida Statutes, are amended to read:
892 252.385 Public shelter space; public records exemption.—
893 (2)(a) The division shall administer a program to survey
894 existing schools, universities, community colleges, and other
895 state-owned, municipally owned, and county-owned public
896 buildings and any private facility that the owner, in writing,
897 agrees to provide for use as a public hurricane evacuation
898 shelter to identify those that are appropriately designed and
899 located to serve as such shelters. The owners of the facilities
900 must be given the opportunity to participate in the surveys. The
901 state university boards of trustees, district school boards,
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902 community college boards of trustees, and the Department of
903 Education are responsible for coordinating and implementing the
904 survey of public schools, universities, and community colleges
905 with the division or the local emergency management agency.
906 (b) By January 31 of each even-numbered year, the division
907 shall prepare and submit a statewide emergency shelter plan to
908 the Governor and Cabinet for approval, subject to the
909 requirements for approval in s. 1013.37(2). The emergency
910 shelter plan must project, for each of the next 5 years, the
911 hurricane shelter needs of the state, including periods of time
912 during which a concurrent public health emergency may
913 necessitate more space for each individual to accommodate
914 physical distancing. In addition to information on the general
915 shelter needs throughout this state, the plan must identify the
916 general location and square footage of special needs shelters,
917 by regional planning council region. The plan must also include
918 information on the availability of shelters that accept pets.
919 The Department of Health shall assist the division in
920 determining the estimated need for special needs shelter space
921 and the adequacy of facilities to meet the needs of persons with
922 special needs based on information from the registries of
923 persons with special needs and other information.
924 (3)(a) The division shall annually provide by October 15
925 to the Governor, the President of the Senate, and the Speaker of
926 the House of Representatives a report that includes, and the
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927 Governor a list of facilities recommended to be retrofitted
928 using state funds. State funds should be maximized and targeted
929 to projects in counties regional planning council regions with
930 hurricane evacuation shelter deficits. Additionally, the
931 division shall prioritize on the list of recommended facilities
932 other state-owned, municipal-owned, and county-owned public
933 buildings, other than schools, for retrofitting using state
934 funds. The owner or lessee of a public hurricane evacuation
935 shelter that is included on the list of facilities recommended
936 for retrofitting is not required to perform any recommended
937 improvements.
938 (b) The report required in paragraph (a) must include a
939 statewide emergency shelter plan that must project, for each of
940 the next 5 years, the hurricane shelter needs of the state. In
941 addition to information on the general shelter needs throughout
942 this state, the plan must identify, by county, the general
943 location and square footage of special needs shelters. The plan
944 must also include information on the availability of shelters
945 that accept pets. The Department of Health and the Agency for
946 Persons with Disabilities shall assist the division in
947 determining the estimated need for special needs shelter space,
948 the estimated need for general shelter space to accommodate
949 persons with developmental disabilities, including, but not
950 limited to, autism, and the adequacy of facilities to meet the
951 needs of persons with special needs based on information from
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952 the registries of persons with special needs and other
953 information.
954 Section 22. Section 252.421, Florida Statutes, is created
955 to read:
956 252.421 Management of roadway debris related to natural
957 emergencies.—The division shall coordinate with fiscally
958 constrained counties, as described in s. 218.67(1), included in
959 a declared state of emergency for a Category 3 or higher
960 hurricane and the Department of Transportation to provide such
961 counties with state resources to remove debris from roadways,
962 including roadways that are publicly accessible but not
963 maintained by the county.
964 Section 23. Section 252.422, Florida Statutes, is created
965 to read:
966 252.422 Restrictions on county or municipal regulations
967 after a hurricane.—
968 (1) As used in this section, the term "impacted local
969 government" means a county listed in a federal disaster
970 declaration, or a municipality located within such a county,
971 located entirely or partially within 100 miles of the track of a
972 storm declared to be a hurricane by the National Hurricane
973 Center, while the storm was categorized as a hurricane.
974 (2) For 1 year after a hurricane makes landfall, an
975 impacted local government may not propose or adopt:

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976 (a) A moratorium on construction, reconstruction, or
977 redevelopment of any property.
978 (b) A more restrictive or burdensome amendment to its
979 comprehensive plan or land development regulations.
980 (c) A more restrictive or burdensome procedure concerning
981 review, approval, or issuance of a site plan, development
982 permit, or development order, to the extent that those terms are
983 defined in s. 163.3164.
984 (3) Notwithstanding subsection (2), a comprehensive plan
985 amendment, land development regulation amendment, site plan,
986 development permit, or development order approved or adopted by
987 an impacted local government before or after the effective date
988 of this act may be enforced if:
989 (a) The associated application is initiated by a private
990 party other than the impacted local government and the property
991 that is the subject of the application is owned by the
992 initiating private party;
993 (b) The proposed comprehensive plan amendment was
994 submitted to reviewing agencies pursuant to s. 163.3184 before
995 landfall; or
996 (c) The proposed comprehensive plan amendment or land
997 development regulation is approved by the state land planning
998 agency pursuant to s. 380.05.

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999 (4)(a) Any person may file suit against any impacted local
1000 government for declaratory and injunctive relief to enforce this
1001 section.
1002 (b) A county or municipality may request a determination
1003 by a court of competent jurisdiction as to whether such action
1004 violates this section. Upon such a request, the county or
1005 municipality may not enforce the action until the court has
1006 issued a preliminary or final judgment determining whether the
1007 action violates this section.
1008 (c) Before a plaintiff may file suit, the plaintiff shall
1009 notify the impacted local government by setting forth the facts
1010 upon which the complaint or petition is based and the reasons
1011 the impacted local government's action violates this section.
1012 Upon receipt of the notice, the impacted local government shall
1013 have 14 days to withdraw or revoke the action at issue or
1014 otherwise declare it void. If the impacted local government does
1015 not withdraw or revoke the action at issue within the time
1016 prescribed, the plaintiff may file suit. The plaintiff shall be
1017 entitled to entry of a preliminary injunction to prevent the
1018 impacted local government from implementing the challenged
1019 action during pendency of the litigation. In any action
1020 instituted pursuant to this paragraph, the prevailing plaintiff
1021 shall be entitled to reasonable attorney fees and costs.

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1022 (d) In any case brought under this section, any party is
1023 entitled to the summary procedure provided in s. 51.011, and the
1024 court shall advance the cause on the calendar.
1025 Section 24. Section 252.505, Florida Statutes, is created
1026 to read:
1027 252.505 Breach of contract during emergency recovery
1028 periods for natural emergencies.—Each state or local government
1029 contract for goods or services related to emergency response for
1030 a natural emergency entered into, renewed, or amended on or
1031 after July 1, 2025, must include a provision that requires a
1032 vendor or service provider that breaches such contract during an
1033 emergency recovery period to pay actual and consequential
1034 damages and a $5,000 penalty. As used in this section, the term
1035 "emergency recovery period" means a 1-year period that begins on
1036 the date that the Governor initially declared a state of
1037 emergency for a natural emergency.
1038 Section 25. Subsection (1) of section 400.063, Florida
1039 Statutes, is amended to read:
1040 400.063 Resident protection.—
1041 (1) The Health Care Trust Fund shall be used for the
1042 purpose of collecting and disbursing funds generated from the
1043 license fees and administrative fines as provided for in ss.
1044 393.0673(5), 400.062(3), 400.121(2), and 400.23(8). Such funds
1045 shall be for the sole purpose of paying for the appropriate
1046 alternate placement, care, and treatment of residents who are
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1047 removed from a facility licensed under this part or a facility
1048 specified in s. 393.0678(1) in which the agency determines that
1049 existing conditions or practices constitute an immediate danger
1050 to the health, safety, or security of the residents. If the
1051 agency determines that it is in the best interest of the health,
1052 safety, or security of the residents to provide for an orderly
1053 removal of the residents from the facility, the agency may
1054 utilize such funds to maintain and care for the residents in the
1055 facility pending removal and alternative placement. The
1056 maintenance and care of the residents shall be under the
1057 direction and control of a receiver appointed pursuant to s.
1058 393.0678(1) or s. 400.126(1). However, funds may be expended in
1059 an emergency upon a filing of a petition for a receiver, upon
1060 the declaration of a state of local emergency pursuant to s.
1061 252.38(3)(b)5. s. 252.38(3)(a)5., or upon a duly authorized
1062 local order of evacuation of a facility by emergency personnel
1063 to protect the health and safety of the residents.
1064 Section 26. Subsection (7) of section 403.7071, Florida
1065 Statutes, is amended, and subsection (8) is added to that
1066 section, to read:
1067 403.7071 Management of storm-generated debris.—Solid waste
1068 generated as a result of a storm event that is the subject of an
1069 emergency order issued by the department may be managed as
1070 follows:

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1071 (7) Unless otherwise specified in a contract or franchise
1072 agreement between a local government and a private solid waste
1073 or debris management service provider, a private solid waste or
1074 debris management service provider is not required to collect
1075 storm-generated yard trash, debris, or waste. Local governments
1076 are authorized and encouraged to add an addendum to existing
1077 contracts or franchise agreements for collection of storm-
1078 generated debris.
1079 (8)(a) Each county and municipality shall apply to the
1080 department for authorization of at least one debris management
1081 site as described in subsection (2) and shall annually seek
1082 preauthorization for any previously approved debris management
1083 sites, as allowed by the department.
1084 (b) A municipality may jointly apply for authorization of
1085 a debris management site with a county or at least one adjacent
1086 municipality, if the parties develop and approve a memorandum of
1087 understanding. Such memorandum must clearly outline the capacity
1088 of the debris management site and location of the site relative
1089 to each party. The memorandum of understanding must be approved
1090 annually as part of the preauthorization process described in
1091 paragraph (a).
1092 Section 27. Section 489.1132, Florida Statutes, is created
1093 to read:

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Amendment No.

1094 489.1132 Regulation of hoisting equipment used in
1095 construction, demolition, or excavation work during a
1096 hurricane.—
1097 (1) As used in this section, the term:
1098 (a) "Hoisting equipment" means power-operated cranes,
1099 derricks, and hoists used in construction, demolition, or
1100 excavation work that are regulated by the Occupational Safety
1101 and Health Administration.
1102 (b) "Mobile crane" means a type of hoisting equipment
1103 incorporating a cable-suspended latticed boom or hydraulic
1104 telescoping boom designed to be moved between operating
1105 locations by transport over a roadway. The term does not include
1106 a mobile crane with a boom length of less than 25 feet or a
1107 maximum rated load capacity of less than 15,000 pounds.
1108 (c) "Tower crane" means a type of hoisting equipment using
1109 a vertical mast or tower to support a working boom in an
1110 elevated position if the working boom can rotate to move loads
1111 laterally either by rotating at the top of the mast or tower or
1112 by the rotation of the mast or tower itself, whether the mast or
1113 tower base is fixed in one location or ballasted and moveable
1114 between locations.
1115 (2)(a) When a tower crane or mobile crane is located on a
1116 worksite, a hurricane preparedness plan for the crane must be
1117 available for inspection at the worksite.

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Amendment No.

1118 (b) In preparation for a hurricane, hoisting equipment
1119 must be secured in the following manner no later than 24 hours
1120 before the impacts of the hurricane are anticipated to begin:
1121 1. All hoisting equipment must be secured in compliance
1122 with manufacturer recommendations relating to hurricane and
1123 high-wind events, including any recommendations relating to the
1124 placement, use, and removal of advertising banners and rigging.
1125 2. Tower crane turntables must be lubricated before the
1126 event.
1127 3. Fixed booms on mobile cranes must be laid down whenever
1128 feasible.
1129 4. Booms on hydraulic cranes must be retracted and stored.
1130 5. The counterweights of any hoists must be locked below
1131 the top tie-in.
1132 6. Tower cranes must be set in the weathervane position.
1133 7. All rigging must be removed from hoist blocks.
1134 8. All power at the base of tower cranes must be
1135 disconnected.
1136 (3) A person licensed under this part who intentionally
1137 violates this section is subject to discipline under ss. 455.227
1138 and 489.129.
1139 Section 28. Subsection (6) of section 553.902, Florida
1140 Statutes, is amended to read:
1141 553.902 Definitions.—As used in this part, the term:

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