PCS for HB 1397 (2025) — An act relating to transportation (Florida Transportation Research Institute)
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- 2025 3286 Economic Infrastructure Subcommittee Proposed Committee Bills Pcbs Fn Pcs For Hb
Summary
A Florida House of Representatives proposed committee substitute, PCS for HB 1397 (2025), a 78-page bill relating to transportation. The title describes amendments to s. 20.23, F.S., creating the Florida Transportation Research Institute and revising the Florida Transportation Commission, along with changes to seaport funding, private airport certificates, airport maintenance reporting, advanced air mobility, landscaping standards, the Small County Road Assistance Program and the Jacksonville Transportation Authority. It also lists repeals of provisions on high-occupancy-vehicle lanes, disadvantaged business enterprises and electric vehicle charging station planning. Section 1 sets out the Institute's membership, grants, funding and annual reports. The bill closes with an amendment to s. 493.6403, F.S. on Class E license requirements and states that the act takes effect July 1, 2025.
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“PCS for HB 1397 (2025) — An act relating to transportation (Florida Transportation Research Institute).”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-3286-economic-infrastructure-subcommittee-proposed-committee-bills-pcbs-fn-pcs-for-hb-1397/
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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
PCS for HB 1397 2025
1 A bill to be entitled
2 An act relating to transportation; amending s. 20.23,
3 F.S.; authorizing the Secretary of Transportation to
4 appoint certain officers; providing that such officers
5 maintain their Senior Management Service status;
6 providing legislative findings; creating and providing
7 membership of the Florida Transportation Research
8 Institute; requiring the Department of Transportation
9 to select an administrative lead for the Institute and
10 periodically assess his or her performance;
11 authorizing the Institute to award certain grants and
12 expend certain funds; providing for the appointment of
13 an executive director and establishing an executive
14 committee; requiring the Institute to provide
15 specified annual reports; requiring at least a
16 specified number of members of the Florida
17 Transportation Commission to represent or have
18 expertise in certain industries; authorizing the
19 commission to monitor certain transit entities;
20 requiring members of the commission to follow
21 specified standards of conduct; revising the
22 department's areas of program responsibility; removing
23 obsolete provisions; amending s. 311.07, F.S.; adding
24 projects eligible for funding under the Florida
25 Seaport Transportation and Economic Development
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26 Program; amending s. 311.09, F.S.; revising the
27 purpose of the Florida Seaport Transportation and
28 Economic Development Council; revising the Florida
29 Seaport Mission Plan; requiring council members to
30 submit specified reports; amending s. 316.0745, F.S.;
31 specifying that any state funds may be withheld under
32 certain circumstances; amending s. 330.27, F.S.;
33 revising and providing definitions; amending s.
34 330.30, F.S.; requiring a private airport of public
35 interest to obtain a specified certificate; providing
36 procedures for the issuance of, conditions for the
37 renewal of, and the expiration periods of such
38 certificates; grandfathering in certain airports, but
39 requiring such airports to obtain a certificate by a
40 specified date; amending s. 331.371, F.S.; authorizing
41 the department, in consultation with other entities,
42 to fund certain projects associated with critical
43 infrastructure facilities; amending s. 332.003, F.S.;
44 revising a short title; amending s. 332.005, F.S.;
45 requiring an airport to provide support to the
46 department during a declared state of emergency;
47 amending s. 332.006, F.S.; revising and providing
48 duties of the department; amending s. 332.007, F.S.;
49 requiring airports to submit an annual comprehensive
50 maintenance program report to the department;
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51 providing reporting requirements; defining the term
52 "maintenance"; requiring airports to retain certain
53 records; authorizing the department to withhold
54 certain state funds under certain circumstances;
55 requiring the department to provide priority funding
56 for certain projects and technology; authorizing the
57 department to fund certain projects at postsecondary
58 education institutions; authorizing the department to
59 fund, and match funds provided by the Department of
60 Commerce for, programs that help transition certain
61 military personnel to the aviation industry;
62 authorizing the Department of Transportation to fund
63 strategic airport investment projects to maximize
64 tourism opportunities; amending s. 332.0075, F.S.;
65 revising definitions; requiring certain information to
66 remain on a governing body's website for 5 years;
67 requiring certain information to be updated quarterly
68 rather than annually; revising the information that
69 certain governing bodies must submit to the
70 department; providing requirements for commercial
71 service airports; creating s. 332.15, F.S.; providing
72 requirements for the department relating to advanced
73 air mobility; amending s. 334.044, F.S.; revising
74 certain property and materials the department may
75 purchase, lease, or acquire; requiring certain funds
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76 to be annually allocated on a statewide basis;
77 removing the prohibition on the expenditure of funds
78 for certain landscaping without certain approval;
79 requiring the department to develop standards for
80 landscaping materials; requiring certain construction
81 projects to expend a certain percentage of funds in a
82 specified manner; providing an exemption; repealing
83 such exemption upon completion of certain projects;
84 authorizing the department to enter into contracts for
85 insurance; authorizing the department to purchase or
86 acquire heavy equipment and motor vehicles for certain
87 purposes; requiring the department to adopt rules;
88 amending s. 334.045, F.S.; conforming a provision to
89 changes made by the act; creating s. 334.62, F.S.;
90 providing legislative findings; creating the Florida
91 Transportation Academy for a specified purpose;
92 authorizing the department to work with certain
93 entities to support, promote, and sustain certain
94 workforce development efforts; authorizing the
95 department to coordinate with specified entities for
96 certain purposes; amending s. 335.182, F.S.; revising
97 the definition of the term "significant change";
98 defining the term "modification of a connection";
99 amending s. 335.187, F.S.; revising the conditions
100 under which the department may modify or revoke a
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101 permit; amending s. 337.027, F.S.; revising the
102 definition of the term "small business"; amending ss.
103 337.11 and 337.251, F.S.; conforming provisions to
104 changes made by the act; amending s. 337.18, F.S.;
105 authorizing the department to require the amount of
106 certain bonds to be less than a certain price;
107 amending s. 337.406, F.S.; providing an exception to
108 the prohibition of camping on any portion of the
109 right-of-way of the State Highway System; amending s.
110 338.227, F.S.; conforming a provision to changes made
111 by the act; providing applicability; amending s.
112 339.2816, F.S.; increasing the required funding for
113 the Small County Road Assistance Program; amending s.
114 339.2818, F.S.; revising the definition of the term
115 "small county"; authorizing specified funding to be
116 used to fund the Small County Outreach Program;
117 amending s. 339.2821, F.S.; conforming provisions to
118 changes made by the act; amending s. 339.651, F.S.;
119 authorizing, rather than requiring, the department to
120 make certain funds available each year for certain
121 projects; removing a scheduled repeal; amending s.
122 341.051, F.S.; requiring the department to reallocate
123 certain funds under certain circumstances; amending s.
124 348.754, F.S.; conforming a provision to changes made
125 by the act; amending s. 349.03, F.S.; providing
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126 appointment procedures for the governing body of the
127 Jacksonville Transportation Authority; providing
128 requirements for the authority; repealing ss.
129 316.0741, 331.351, 337.125, 337.135, 337.139,
130 339.0805, and 339.287, F.S., relating to high-
131 occupancy-vehicle lanes; participation by women,
132 minorities, and socially and economically
133 disadvantaged business enterprises; notice
134 requirements for socially and economically
135 disadvantaged business enterprises; penalties for
136 false representation of socially and economically
137 disadvantaged business enterprises; awarding contracts
138 to disadvantaged business enterprises; funds to be
139 expended with certified disadvantaged business
140 enterprises, the construction management development
141 program, and the bond guarantee program; and
142 infrastructure plan development for electric vehicle
143 charging stations, respectively; amending ss. 110.205,
144 322.27, 365.172, 379.2293, 493.6101, and 493.6403,
145 F.S.; conforming cross-references; providing an
146 effective date.
147
148 Be It Enacted by the Legislature of the State of Florida:
149
150 Section 1. Subsections (2) through (6) of section 20.23,
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151 Florida Statutes, are renumbered as subsections (3) through (7),
152 respectively, paragraph (d) of subsection (1), paragraphs (a),
153 (b), and (g) of present subsection (2), and paragraph (b) of
154 present subsection (3) are amended, and a new subsection (2) is
155 added to that section, to read:
156 20.23 Department of Transportation.—There is created a
157 Department of Transportation which shall be a decentralized
158 agency.
159 (1)
160 (d) The secretary may appoint up to three assistant
161 secretaries who shall serve as the Chief Operations Officer,
162 Chief Finance and Administration Officer, and Chief Strategic
163 Development Officer; be directly responsible to the secretary;
164 and who shall perform such duties as are assigned by the
165 secretary. The secretary may also appoint an Executive Director
166 of Transportation Technology. These assistant secretaries and
167 the Executive Director of Transportation Technology shall
168 maintain their Senior Management Service status and are exempt
169 from career service under s. 110.205(2). The secretary shall
170 designate to an assistant secretary the duties related to
171 enhancing economic prosperity, including, but not limited to,
172 the responsibility of liaison with the head of economic
173 development in the Executive Office of the Governor. Such
174 assistant secretary shall be directly responsible for providing
175 the Executive Office of the Governor with investment
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176 opportunities and transportation projects that expand the
177 state's role as a global hub for trade and investment and
178 enhance the supply chain system in the state to process,
179 assemble, and ship goods to markets throughout the eastern
180 United States, Canada, the Caribbean, and Latin America. The
181 secretary may delegate to any assistant secretary the authority
182 to act in the absence of the secretary.
183 (2) The Legislature finds that the transportation industry
184 is critical to the economic future of this state and that the
185 competitiveness of the industry in this state depends upon the
186 development and maintenance of a qualified workforce and
187 cutting-edge research and innovation. The Legislature further
188 finds that the transportation industry in this state has varied
189 and complex workforce needs ranging from technical and
190 mechanical training to continuing education opportunities for
191 workers with advanced degrees and certifications. The timely
192 need also exists for coordinated research and innovation efforts
193 to promote emerging technologies and innovative construction
194 methods and tools and to address alternative funding mechanisms.
195 (a) The Florida Transportation Research Institute (the
196 Institute) is created as a consortium of higher education
197 professionals to drive cutting-edge research, innovation,
198 transformational technologies, and breakthrough solutions and to
199 support workforce development efforts that contribute to this
200 state's transportation system.
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201 (b) The Institute shall report to the department and
202 include membership from the University of Florida, Indian River
203 State College, the University of Central Florida, and Florida
204 International University.
205 (c) The department shall select a representative from one
206 of the entities referenced in paragraph (b) to serve as the
207 administrative lead for the Institute. The department shall
208 assess the performance of the administrative lead periodically
209 to ensure accountability and assess the attainment of
210 performance expectations.
211 (d) The Institute may award grants in alignment with its
212 mission of furthering research and innovation and supporting
213 workforce development in this state to support the needs of the
214 transportation industry. Such grants may be directed to member
215 and nonmember institutions that have a proven expertise relevant
216 to the grant, including not-for-profit organizations and
217 institutions of higher education.
218 (e) The Institute may expend state funds as allocated by
219 the department from the State Transportation Trust Fund. Annual
220 funding may be expended for the Institute's operations and
221 programs to support research and innovation projects that
222 provide solutions to this state's transportation needs.
223 (f) The secretary shall appoint a member of the department
224 to serve as the executive director of the Institute. The
225 department shall coordinate with the entities referenced in
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226 paragraph (b) to adopt and approve additional policies
227 establishing the Institute's executive committee and mission
228 statement.
229 (g) The Institute shall submit an annual report to the
230 Office of the Secretary and the commission containing
231 performance metrics, including, but not limited to, expenditures
232 of appropriated funds provided by the department, ongoing and
233 proposed research efforts, and the application and success of
234 past research efforts.
235 (3)(2)(a)1. The Florida Transportation Commission is
236 hereby created and shall consist of nine members appointed by
237 the Governor subject to confirmation by the Senate. Members of
238 the commission shall serve terms of 4 years each.
239 2. Members shall be appointed in such a manner as to
240 equitably represent all geographic areas of this the state. At
241 least three members of the commission shall represent or have
242 expertise in higher education, transportation, or workforce
243 development Each member must be a registered voter and a citizen
244 of the state. Each member of the commission must also possess
245 business managerial experience in the private sector.
246 3. A member of the commission shall represent the
247 transportation needs of the state as a whole and may not
248 subordinate the needs of the state to those of any particular
249 area of the state.
250 4. The commission is assigned to the Office of the
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251 Secretary of the Department of Transportation for administrative
252 and fiscal accountability purposes, but it shall otherwise
253 function independently of the control and direction of the
254 department.
255 (b) The commission shall:
256 1. Recommend major transportation policies for the
257 Governor's approval and assure that approved policies and any
258 revisions are properly executed.
259 2. Periodically review the status of the state
260 transportation system, including highway, transit, rail,
261 seaport, intermodal development, and aviation components of the
262 system, and recommend improvements to the Governor and the
263 Legislature.
264 3. Perform an in-depth evaluation of the annual department
265 budget request, the Florida Transportation Plan, and the
266 tentative work program for compliance with all applicable laws
267 and established departmental policies. Except as specifically
268 provided in s. 339.135(4)(c)2., (d), and (f), the commission may
269 not consider individual construction projects but shall consider
270 methods of accomplishing the goals of the department in the most
271 effective, efficient, and businesslike manner.
272 4. Monitor the financial status of the department on a
273 regular basis to assure that the department is managing revenue
274 and bond proceeds responsibly and in accordance with law and
275 established policy.
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276 5. Monitor on at least a quarterly basis the efficiency,
277 productivity, and management of the department using performance
278 and production standards developed by the commission pursuant to
279 s. 334.045.
280 6. Perform an in-depth evaluation of the factors causing
281 disruption of project schedules in the adopted work program and
282 recommend to the Governor and the Legislature methods to
283 eliminate or reduce the disruptive effects of these factors.
284 7. Recommend to the Governor and the Legislature
285 improvements to the department's organization in order to
286 streamline and optimize the efficiency of the department. In
287 reviewing the department's organization, the commission shall
288 determine if the current district organizational structure is
289 responsive to this state's changing economic and demographic
290 development patterns. The report by the commission must be
291 delivered to the Governor and the Legislature by December 15
292 each year, as appropriate. The commission may retain experts as
293 necessary to carry out this subparagraph, and the department
294 shall pay the expenses of the experts.
295 8. Monitor the efficiency, productivity, and management of
296 the agencies and authorities created under chapters 348 and 349;
297 the Mid-Bay Bridge Authority re-created pursuant to chapter
298 2000-411, Laws of Florida; and any authority formed under
299 chapter 343; and any transit entity that is a recipient of
300 funding from the department's public transit block grant program
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301 as created in s. 341.052. The commission shall also conduct
302 periodic reviews of each agency's and authority's operations and
303 budget, acquisition of property, management of revenue and bond
304 proceeds, and compliance with applicable laws and generally
305 accepted accounting principles.
306 (g) A member of the commission shall follow standards of
307 conduct for public officers as provided in s. 112.313 may not
308 have any interest, direct or indirect, in any contract,
309 franchise, privilege, or other benefit granted or awarded by the
310 department during the term of his or her appointment and for 2
311 years after the termination of such appointment.
312 (4)(3)
313 (b) The secretary may appoint positions at the level of
314 deputy assistant secretary or director which the secretary deems
315 necessary to accomplish the mission and goals of the department,
316 including, but not limited to, the areas of program
317 responsibility provided in this paragraph, each of whom shall be
318 appointed by and serve at the pleasure of the secretary. The
319 secretary may combine, separate, or delete offices as needed in
320 consultation with the Executive Office of the Governor. The
321 department's areas of program responsibility include, but are
322 not limited to, all of the following:
323 1. Administration.
324 2. Planning.
325 3. Supply chain and modal development.
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326 4. Design.
327 5. Highway operations.
328 6. Right-of-way.
329 7. Toll operations.
330 8. Transportation technology.
331 9. Information technology systems.
332 10. Motor carrier weight inspection.
333 11. Work program and budget.
334 12. Comptroller.
335 13. Construction.
336 14. Statewide corridors.
337 15. Maintenance.
338 16. Forecasting and performance.
339 17. Emergency management.
340 18. Safety.
341 19. Materials.
342 20. Infrastructure and innovation.
343 21. Permitting.
344 22. Traffic operations.
345 23. Operational technology.
346 Section 2. Paragraph (b) of subsection (3) of section
347 311.07, Florida Statutes, is amended to read:
348 311.07 Florida seaport transportation and economic
349 development funding.—
350 (3)
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351 (b) Projects eligible for funding by grants under the
352 program are limited to the following port facilities or port
353 transportation projects:
354 1. Transportation facilities within the jurisdiction of
355 the port.
356 2. The dredging or deepening of channels, turning basins,
357 or harbors.
358 3. The construction or rehabilitation of wharves, docks,
359 structures, jetties, piers, storage facilities, cruise
360 terminals, automated people mover systems, or any facilities
361 necessary or useful in connection with any of the foregoing.
362 4. The acquisition of vessel tracking systems, container
363 cranes, or other mechanized equipment used in the movement of
364 cargo or passengers in international commerce.
365 5. The acquisition of land to be used for port purposes.
366 6. The acquisition, improvement, enlargement, or extension
367 of existing port facilities.
368 7. Environmental protection projects which are necessary
369 because of requirements imposed by a state agency as a condition
370 of a permit or other form of state approval; which are necessary
371 for environmental mitigation required as a condition of a state,
372 federal, or local environmental permit; which are necessary for
373 the acquisition of spoil disposal sites and improvements to
374 existing and future spoil sites; or which result from the
375 funding of eligible projects listed in this paragraph.
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376 8. Transportation facilities as defined in s. 334.03(30)
377 which are not otherwise part of the Department of
378 Transportation's adopted work program.
379 9. Intermodal access projects.
380 10. Construction or rehabilitation of port facilities as
381 defined in s. 315.02, excluding any park or recreational
382 facilities, in ports listed in s. 311.09(1) with operating
383 revenues of $5 million or less, provided that such projects
384 create economic development opportunities, capital improvements,
385 and positive financial returns to such ports.
386 11. Seaport master plan or strategic plan development or
387 updates, including the purchase of data to support such plans.
388 12. Spaceport or space industry-related planning or
389 construction of facilities on seaport property which is
390 necessary or useful to advance the space industry in this state
391 when such project provides economic benefit to the community.
392 13. Commercial shipbuilding and manufacturing facilities
393 when such project provides economic benefit to the community.
394 Section 3. Subsections (1), (3), and (11) of section
395 311.09, Florida Statutes, are amended to read:
396 311.09 Florida Seaport Transportation and Economic
397 Development Council.—
398 (1) The Florida Seaport Transportation and Economic
399 Development Council is created within the Department of
400 Transportation to support the growth of the seaports of this
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401 state through the review, development, and financing of port
402 transportation and port facilities. The council is composed
403 consists of the following 18 members: the port director, or the
404 port director's designee, of each of the ports of Jacksonville,
405 Port Canaveral, Port Citrus, Fort Pierce, Palm Beach, Port
406 Everglades, Miami, Port Manatee, St. Petersburg, Putnam County,
407 Tampa, Port St. Joe, Panama City, Pensacola, Key West, and
408 Fernandina; the secretary of the Department of Transportation or
409 his or her designee; and the secretary of the Department of
410 Commerce or his or her designee.
411 (2) The council shall adopt bylaws governing the manner in
412 which the business of the council will be conducted. The bylaws
413 shall specify the procedure by which the chairperson of the
414 council is elected.
415 (3) The council shall prepare a 5-year Florida Seaport
416 Mission Plan defining the goals and objectives of the council
417 concerning the development of port facilities and an intermodal
418 transportation system consistent with the goals of the Florida
419 Transportation Plan developed pursuant to s. 339.155. The
420 Florida Seaport Mission Plan shall include specific
421 recommendations for the construction of transportation
422 facilities connecting any port to another transportation mode,
423 the construction of transportation facilities connecting any
424 port to the space and aerospace industries, and for the
425 efficient, cost-effective development of transportation
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426 facilities or port facilities for the purpose of enhancing
427 trade, promoting cargo flow, increasing cruise passenger
428 movements, increasing port revenues, and providing economic
429 benefits to this the state. The council shall develop a priority
430 list of projects based on these recommendations annually and
431 submit the list to the Department of Transportation. The council
432 shall update the 5-year Florida Seaport Mission Plan annually
433 and shall submit the plan no later than February 1 of each year
434 to the President of the Senate, the Speaker of the House of
435 Representatives, the Department of Commerce, and the Department
436 of Transportation. The council shall develop programs, based on
437 an examination of existing programs in Florida and other states,
438 for the training of minorities and secondary school students in
439 job skills associated with employment opportunities in the
440 maritime industry, and report on progress and recommendations
441 for further action to the President of the Senate and the
442 Speaker of the House of Representatives annually. Each member of
443 the council shall submit semiannual reports to the Department of
444 Transportation relating to seaport operations and their support
445 of this state's economic competitiveness and supply chain. Each
446 report must include information prescribed by the Department of
447 Transportation, in consultation with the Department of Commerce,
448 including, but, not limited to:
449 (a) Bulk break capacity.
450 (b) Liquid storage and capacity.
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451 (c) Fuel storage and capacity.
452 (d) Container capacity.
453 (e) Supply chain disruptions.
454 (11) Members of the council shall serve without
455 compensation but are entitled to receive reimbursement for per
456 diem and travel expenses as provided in s. 112.061. The council
457 may elect to provide an administrative staff to provide services
458 to the council on matters relating to the Florida Seaport
459 Transportation and Economic Development Program and the council.
460 The cost for such administrative services shall be paid by all
461 ports that receive funding from the Florida Seaport
462 Transportation and Economic Development Program, based upon a
463 pro rata formula measured by each recipient's share of the funds
464 as compared to the total funds disbursed to all recipients
465 during the year. The share of costs for administrative services
466 shall be paid in its total amount by the recipient port upon
467 execution by the port and the Department of Transportation of a
468 joint participation agreement for each council-approved project,
469 and such payment is in addition to the matching funds required
470 to be paid by the recipient port. Except as otherwise exempted
471 by law, all moneys derived from the Florida Seaport
472 Transportation and Economic Development Program shall be
473 expended in accordance with the provisions of s. 287.057.
474 Seaports subject to competitive negotiation requirements of a
475 local governing body shall abide by the provisions of s.
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476 287.055.
477 Section 4. Subsection (7) of section 316.0745, Florida
478 Statutes, is amended to read:
479 316.0745 Uniform signals and devices.—
480 (7) The Department of Transportation may, upon receipt and
481 investigation of reported noncompliance and after hearing
482 pursuant to 14 days' notice, direct the removal of any purported
483 traffic control device that fails to meet the requirements of
484 this section, wherever the device is located and without regard
485 to assigned responsibility under s. 316.1895. The public agency
486 erecting or installing the same shall immediately bring it into
487 compliance with the requirements of this section or remove said
488 device or signal upon the direction of the Department of
489 Transportation and may not, for a period of 5 years, install any
490 replacement or new traffic control devices paid for in part or
491 in full with revenues raised by the state unless written prior
492 approval is received from the Department of Transportation. Any
493 additional violation by a public body or official shall be cause
494 for the withholding of state funds for traffic control purposes
495 until such public body or official demonstrates to the
496 Department of Transportation that it is complying with this
497 section.
498 Section 5. Section 330.27, Florida Statutes, is amended to
499 read:
500 330.27 Definitions, when used in ss. 330.29-330.39.—As
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501 used in ss. 330.29-330.39, the term:
502 (1) "Air ambulance operation" means a flight with a
503 patient or medical personnel on board for the purpose of medical
504 transportation.
505 (2)(1) "Aircraft" means a powered or unpowered machine or
506 device capable of atmospheric flight, including, but not limited
507 to, an airplane, autogyro, glider, gyrodyne, helicopter, lift
508 and cruise, multicopter, paramotor, powered lift, seaplane,
509 tiltrotor, ultralight, or vectored thrust. The term does not
510 include except a parachute or other such device used primarily
511 as safety equipment.
512 (3)(2) "Airport" means a specific an area of land or water
513 or a structure used for, or intended to be used for, landing and
514 takeoff of aircraft operations, which may include including
515 appurtenant areas, buildings, facilities, or rights-of-way
516 necessary to facilitate such use or intended use. The term
517 includes, but is not limited to, an airpark, airport,
518 gliderport, heliport, helistop, seaplane base, ultralight
519 flightpark, vertiport, or vertistop.
520 (4) "Commercial air tour operation" means a flight
521 conducted for compensation or hire in an aircraft when the
522 purpose of the flight is sightseeing.
523 (5) "Commuter operation" means any scheduled operation
524 conducted by a person operating an aircraft with a frequency of
525 operations of at least five round trips per week on at least one
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526 route between two or more points according to the published
527 flight schedule.
528 (6)(3) "Department" means the Department of
529 Transportation.
530 (7)(4) "Limited airport" means any airport limited
531 exclusively to the specific conditions stated on the site
532 approval order or license.
533 (8) "On-demand operation" means any scheduled passenger-
534 carrying operation for compensation or hire conducted by a
535 person operating an aircraft with a frequency of operations of
536 fewer than five round trips per week on at least one route
537 between two or more points according to the published flight
538 schedule.
539 (9)(5) "Private airport" means an airport, publicly or
540 privately owned, which is not open or available for use by the
541 public, but may be made available to others by invitation of the
542 owner or manager.
543 (10) "Private airport of public interest" means a private
544 airport serving any of the following operations: air ambulance
545 operation, commercial air tour operation, commuter operation,
546 on-demand operation, public charter operation, scheduled
547 operation, or supplemental operation.
548 (11)(6) "Public airport" means an airport, publicly or
549 privately owned, which is open for use by the public.
550 (12) "Public charter operation" means a one-way or round-
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551 trip charter flight performed by one or more direct air carriers
552 which is arranged and sponsored by a charter operator.
553 (13) "Scheduled operation" means any common carriage
554 passenger-carrying operation for compensation or hire conducted
555 by an air carrier or commercial operator for which the
556 certificateholder or its representative offers in advance the
557 departure location, departure time, and arrival location.
558 (14) "Supplemental operation" means any common carriage
559 operation for compensation or hire conducted with an aircraft
560 for which the departure time, departure location, and arrival
561 location are specifically negotiated with the customer or
562 customer's representative.
563 (15)(7) "Temporary airport" means an airport at which
564 flight operations are conducted under visual flight rules
565 established by the Federal Aviation Administration and which is
566 used for less than 30 consecutive days with no more than 10
567 operations per day.
568 (8) "Ultralight aircraft" means any aircraft meeting the
569 criteria established by part 103 of the Federal Aviation
570 Regulations.
571 Section 6. Paragraphs (a) and (d) of subsection (2) and
572 subsection (4) of section 330.30, Florida Statutes, are amended
573 to read:
574 330.30 Approval of airport sites; registration,
575 certification, and licensure of airports.—
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576 (2) LICENSES, CERTIFICATES, AND REGISTRATIONS;
577 REQUIREMENTS, RENEWAL, REVOCATION.—
578 (a) Except as provided in subsection (3), the owner or
579 lessee of an airport in this state shall have a public airport
580 license, private airport registration, or temporary airport
581 registration before the operation of aircraft to or from the
582 airport. Application for a license or registration shall be made
583 in a form and manner prescribed by the department.
584 1. For a public airport, upon granting site approval, the
585 department shall issue a license after a final airport
586 inspection finds that the airport is to be in compliance with
587 all requirements for the license. The license may be subject to
588 any reasonable conditions the department deems necessary to
589 protect the public health, safety, or welfare.
590 2. For a private airport, upon granting site approval, the
591 department shall provide controlled electronic access to the
592 state aviation facility data system to permit the applicant to
593 complete the registration process. Registration shall be
594 completed upon self-certification by the registrant of
595 operational and configuration data deemed necessary by the
596 department.
597 3. For a temporary airport, the department must publish
598 notice of receipt of a completed registration application in the
599 next available publication of the Florida Administrative
600 Register and may not approve a registration application less
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601 than 14 days after the date of publication of the notice. The
602 department must approve or deny a registration application
603 within 30 days after receipt of a completed application and must
604 issue the temporary airport registration concurrent with the
605 airport site approval. A completed registration application that
606 is not approved or denied within 30 days after the department
607 receives the completed application is considered approved and
608 shall be issued, subject to such reasonable conditions as are
609 authorized by law. An applicant seeking to claim registration by
610 default under this subparagraph must notify the agency clerk of
611 the department, in writing, of the intent to rely upon the
612 default registration provision of this subparagraph and may not
613 take any action based upon the default registration until after
614 receipt of such notice by the agency clerk.
615 4. A private airport of public interest as defined in s.
616 330.27 must obtain a certificate from the department before
617 allowing aircraft operations. The department shall issue a
618 certificate after a final inspection finds that the private
619 airport of public interest is in compliance with all of the
620 requirements for a certificate. The certificate is subject to
621 any reasonable conditions that the department deems necessary to
622 protect the health, safety, or welfare of the public. A private
623 airport that was engaged in operations associated with a private
624 airport of public interest on or before July 1, 2025, may
625 continue its operations but must obtain a certificate from the
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626 department before July 1, 2030.
627 (d)1. Each public airport license shall expire no later
628 than 1 year after the effective date of the license, except that
629 the expiration date of a license may be adjusted to provide a
630 maximum license period of 18 months to facilitate airport
631 inspections, recognize seasonal airport operations, or improve
632 administrative efficiency.
633 2. Registration for private airports shall remain valid
634 provided specific elements of airport data, established by the
635 department, are periodically recertified by the airport
636 registrant. The ability to recertify private airport
637 registration data shall be available at all times by electronic
638 submittal. A private airport registration that has not been
639 recertified in the 24-month period following the last
640 certification shall expire, unless the registration period has
641 been adjusted by the department for purposes of informing
642 private airport owners of their registration responsibilities or
643 promoting administrative efficiency. The expiration date of the
644 current registration period will be clearly identifiable from
645 the state aviation facility data system.
646 3. The effective date and expiration date shall be shown
647 on public airport licenses. Upon receiving an application for
648 renewal of an airport license in a form and manner prescribed by
649 the department and receiving a favorable inspection report
650 indicating compliance with all applicable requirements and
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651 conditions, the department shall renew the license, subject to
652 any conditions deemed necessary to protect the public health,
653 safety, or welfare.
654 4. The department may require a new site approval for any
655 airport if the license or registration has expired.
656 5. If the renewal application for a public airport license
657 has not been received by the department or no private airport
658 registration recertification has been accomplished within 15
659 days after the date of expiration, the department may revoke the
660 airport license or registration.
661 6. After initial registration, the department may issue a
662 certificate to a private airport of public interest if the
663 airport is in compliance with all of the requirements for a
664 certificate after a final inspection of the private airport of
665 public interest. The certificate is subject to any reasonable
666 conditions that the department deems necessary to protect the
667 health, safety, or welfare of the public. A certificate issued
668 to a private airport of public interest expires 5 years after
669 the effective date of the certificate.
670 (4) EXCEPTIONS.—Private airports with 10 or more based
671 aircraft may request to be inspected and licensed by the
672 department. Private airports licensed according to this
673 subsection shall be considered private airports as defined in s.
674 330.27 s. 330.27(5) in all other respects.
675 Section 7. Section 331.371, Florida Statutes, is amended
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676 to read:
677 331.371 Strategic space infrastructure investment.—
678 (1) In consultation with Space Florida, the Department of
679 Transportation may fund spaceport discretionary capacity
680 improvement projects, as defined in s. 331.303, at up to 100
681 percent of the project's cost if:
682 (a)(1) Important access and on-spaceport-territory space
683 transportation capacity improvements are provided.;
684 (b)(2) Capital improvements that strategically position
685 the state to maximize opportunities in international trade are
686 achieved.;
687 (c)(3) Goals of an integrated intermodal transportation
688 system for the state are achieved.; and
689 (d)(4) Feasibility and availability of matching funds
690 through federal, local, or private partners are demonstrated.
691 (2) In consultation with the Department of Commerce and
692 the Department of Environmental Protection, the Department of
693 Transportation may fund wastewater projects, stormwater
694 projects, water capacity projects, or projects associated with
695 critical infrastructure facilities as defined in s. 692.201
696 within or outside the jurisdictional boundary of a spaceport
697 territory so long as the project supports aerospace or launch
698 support facilities within an adjacent spaceport territory
699 boundary. The Department of Transportation shall coordinate with
700 the Department of Commerce and the Department of Environmental
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701 Protection in order to maximize and optimize available funding
702 for such projects.
703 Section 8. Section 332.003, Florida Statutes, is amended
704 to read:
705 332.003 Florida Airport Development and Accountability
706 Assistance Act; short title.—Sections 332.003-332.007 may be
707 cited as the "Florida Airport Development and Accountability
708 Assistance Act."
709 Section 9. Section 332.005, Florida Statutes, is amended
710 to read:
711 332.005 Restrictions on authority of Department of
712 Transportation.—
713 (1) This act specifically prohibits the Department of
714 Transportation from regulating commercial air carriers operating
715 within the state pursuant to federal authority and regulations;
716 from participating in or exercising control in the management
717 and operation of a sponsor's airport, except when officially
718 requested by the sponsor; or from expanding the design or
719 operational capability of the department in the area of airport
720 and aviation consultants' contract work, other than to provide
721 technical assistance as requested.
722 (2) Notwithstanding subsection (1), upon the declaration
723 of a state of emergency issued by the Governor in preparation
724 for or in response to a natural disaster, an airport as defined
725 in s. 332.004 must provide the department, at no cost, with the
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726 opportunity to use any property not within the air navigation
727 facility as defined in s. 332.01(4) for the staging of equipment
728 and personnel to support emergency preparedness and response
729 operations.
730 Section 10. Subsection (7) of section 332.006, Florida
731 Statutes, is amended to read:
732 332.006 Duties and responsibilities of the Department of
733 Transportation.—
734 The Department of Transportation shall, within the
735 resources provided pursuant to chapter 216:
736 (7) Develop, promote, and distribute supporting
737 information and educational services, including, but not limited
738 to, educational services with a focus on retention and growth of
739 the aviation industry workforce.
740 Section 11. Paragraph (a) of subsection (7), subsection
741 (8), and paragraph (b) of subsection (9) of section 332.007,
742 Florida Statutes, are amended, and paragraph (c) is added to
743 subsection (2) of that section, to read:
744 332.007 Administration and financing of aviation and
745 airport programs and projects; state plan.—
746 (2)
747 (c) Annually, each airport must submit to the department a
748 comprehensive maintenance program report detailing the
749 maintenance and inspection of such airport's infrastructure. At
750 a minimum, the report must include a schedule of inspections,
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751 the locations being inspected, any probable cause for such
752 inspection, a list of the airport's required needs, any remedial
753 actions to be taken, and any required follow-up inspections and
754 maintenance. For purposes of this paragraph, the term
755 "maintenance" includes any preventive and regular or recurring
756 work that is necessary to preserve the airport infrastructure in
757 good condition. Timely maintenance and repair, including routine
758 maintenance, rehabilitation, and upgrading, are essential for
759 the safe operation of airport infrastructure. An airport must
760 retain all records of materials and equipment used for the
761 airport's maintenance and repair work. If the department
762 determines, based on the annual comprehensive maintenance
763 program report, that there is evidence that an airport failed to
764 perform routine maintenance, the department may withhold state
765 funds for any of the airport's capital expansion projects until
766 such airport corrects any deficiencies.
767 (7) Subject to the availability of appropriated funds in
768 addition to aviation fuel tax revenues, the department may
769 participate in the capital cost of eligible public airport and
770 aviation discretionary capacity improvement projects. The annual
771 legislative budget request shall be based on the funding
772 required for discretionary capacity improvement projects in the
773 aviation and airport work program.
774 (a) The department shall provide priority funding in
775 support of:
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776 1. Terminal and parking expansion projects that increase
777 capacity at airports that provide commercial service in counties
778 with a population of 500,000 or less.
779 2.1. Land acquisition which provides additional capacity
780 at the qualifying international airport or at that airport's
781 supplemental air carrier airport.
782 3.2. Runway and taxiway projects that add capacity or are
783 necessary to accommodate technological changes in the aviation
784 industry.
785 4.3. Airport access transportation projects that improve
786 direct airport access and are approved by the airport sponsor.
787 5.4. International terminal projects that increase
788 international gate capacity.
789 6. Projects that improve the safe and efficient operation
790 of this state's airports.
791 7. Emerging technology, workforce development projects,
792 and projects that benefit the strategic intermodal system
793 through intermodal connectivity.
794 (8) The department may also fund eligible projects
795 performed by not-for-profit organizations and postsecondary
796 education institutions, as defined in s. 1008.47(1), which
797 support the training of pilots, air traffic control personnel,
798 or aircraft maintenance technical personnel that represent a
799 majority of public airports in this state. Eligible projects may
800 include activities associated with aviation master planning,
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801 professional education, safety and security planning, enhancing
802 economic development and efficiency at airports in this state,
803 or other planning efforts to improve the viability and safety of
804 airports in this state. The department may also fund programs
805 that support the transition of honorably discharged military
806 personnel to the aviation industry. The department may match
807 funds provided by the Department of Commerce for such programs.
808 (9) The department may fund strategic airport investment
809 projects at up to 100 percent of the project's cost if:
810 (b) Capital improvements that strategically position the
811 state to maximize opportunities in tourism, international trade,
812 logistics, and the aviation industry are provided;
813 Section 12. Subsections (1), (2), and (5) of section
814 332.0075, Florida Statutes, are amended to read:
815 332.0075 Commercial service airports; transparency and
816 accountability; penalty.—
817 (1) As used in this section, the term:
818 (a) "Commercial service airport" means an airport
819 providing commercial services, including large, medium, small,
820 and nonhub airports as classified a primary airport as defined
821 in 49 U.S.C. s. 47102 which is classified as a large, medium, or
822 small hub airport by the Federal Aviation Administration.
823 (b) "Consent agenda" means an agenda which consists of
824 items voted on collectively or as a group and which does not
825 provide the opportunity for public comment on each such item
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826 before approval or disapproval by the governing body.
827 (c) "Department" means the Department of Transportation.
828 (d) "Governing body" means the governing body of the
829 county, municipality, or special district that operates a
830 commercial service airport. The term includes an appointed board
831 or oversight entity serving as the governing body on behalf of
832 the county, municipality, or special district.
833 (2) Each governing body shall establish and maintain a
834 website to post information relating to the operation of a
835 commercial service airport, and such information must remain on
836 the website for at least 5 years or for as long as the
837 information is actively in use by the entity. Information that
838 must be posted on the governing body's website includes
839 including:
840 (a) All published notices of meetings and published
841 meeting agendas of the governing body.
842 (b) The official minutes of each meeting of the governing
843 body, which must shall be posted within 7 business days after
844 the date of the meeting in which the minutes were approved.
845 (c) The approved budget for the commercial service airport
846 for the current fiscal year, which shall be posted within 7
847 business days after the date of adoption. Budgets must remain on
848 the website for 5 2 years after the conclusion of the fiscal
849 year for which they were adopted.
850 (d) Copies of A link to the current Airport Master Plan
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851 and the immediately preceding Airport Master Plan for the
852 commercial service airport and a link to the current Airport
853 Master Plan on the commercial service airport's website.
854 (e) A link to all financial and statistical reports for
855 the commercial service airport on the Federal Aviation
856 Administration's website.
857 (f) Any contract or contract amendment for the purchase of
858 commodities or contractual services executed by or on behalf of
859 the commercial service airport in excess of the threshold amount
860 provided in s. 287.017 for CATEGORY FIVE, which must shall be
861 posted no later than 7 business days after the commercial
862 service airport executes the contract or contract amendment.
863 However, a contract or contract amendment may not reveal
864 information made confidential or exempt by law. Each commercial
865 service airport must redact confidential or exempt information
866 from each contract or contract amendment before posting a copy
867 on its website.
868 (g) Position and rate information for each employee of the
869 commercial service airport, including, at a minimum, the
870 employee's position title, position description, and annual or
871 hourly salary. This information must shall be updated quarterly
872 annually.
873 (5)(a) Each November 1, the governing body of each
874 commercial service airport shall submit the following
875 information to the department:
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876 1. Its approved budget for the current fiscal year.
877 2. Any financial reports submitted to the Federal Aviation
878 Administration during the previous calendar year.
879 3. A link to its website.
880 4. A statement, verified as provided in s. 92.525, that it
881 has complied with part III of chapter 112, chapter 287, and this
882 section.
883 5. The most recent copy of its strategic plan or plans.
884 6. Contracts related to financial awards received through
885 federally funded grant programs for the preceding year.
886 (b) The department shall review the information submitted
887 by the governing body of the commercial service airport and
888 posted on the airport's website to determine the accuracy of
889 such information. Each January 15, the department shall submit
890 to the Governor, the President of the Senate, and the Speaker of
891 the House of Representatives a report summarizing commercial
892 service airport compliance with this section.
893 (c) In addition to the requirements of this section, a
894 commercial service airport must:
895 1. Notify the department within 48 hours after receiving a
896 communication or directive from a federal agency with respect to
897 accommodating public health testing or the transfer of
898 unauthorized aliens into this state.
899 2. Notify the department as soon as reasonably possible,
900 but no later than 48 hours after discovery, of incidents
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901 including, but not limited to, those related to the safety of
902 the public when traveling, potential breaches or security risks
903 associated with cybersecurity, or other issues of statewide
904 concern as defined by the department.
905 Section 13. Section 332.15, Florida Statutes, is created
906 to read:
907 332.15 Advanced air mobility.—The Department of
908 Transportation shall, within the resources provided pursuant to
909 chapter 216:
910 (1) Address the need for vertiports, advanced air
911 mobility, and other advances in aviation technology in the
912 statewide aviation system plan as required under s. 332.006(1)
913 and, as appropriate, in the department's work program.
914 (2) Designate a subject matter expert on advanced air
915 mobility within the department to serve as a resource for local
916 jurisdictions navigating advances in aviation technology.
917 (3) Conduct a review of airport hazard zone regulations.
918 (4) Work with the Department of Commerce to provide
919 coordination and assistance for the development of a viable
920 advanced air mobility system in this state and incorporate those
921 plans in the statewide aviation system plan as required under s.
922 332.006(1) in order to develop and identify the statewide
923 corridors of need and opportunities for growth of the industry.
924 Section 14. Subsections (5) and (26) of section 334.044,
925 Florida Statutes, are amended, and subsections (37), (38), and
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926 (39) are added to that section, to read:
927 334.044 Powers and duties of the department.—The
928 department shall have the following general powers and duties:
929 (5) To purchase, lease, or otherwise acquire property and
930 materials, including the purchase of promotional items as part
931 of public information and education campaigns for the promotion
932 of environmental management, scenic highways, traffic and train
933 safety awareness, alternatives to single-occupant vehicle
934 travel, commercial motor vehicle safety, workforce development,
935 electric vehicle use and charging stations, autonomous vehicles,
936 and context classification, design for electric vehicles and
937 autonomous vehicles; to purchase, lease, or otherwise acquire
938 equipment and supplies; and to sell, exchange, or otherwise
939 dispose of any property that is no longer needed by the
940 department.
941 (26)(a) To provide for the enhancement of environmental
942 benefits, including air and water quality; to prevent roadside
943 erosion; to conserve the natural roadside growth and scenery;
944 and to provide for the implementation and maintenance of
945 roadside conservation, enhancement, and stabilization programs.
946 For these purposes, the department shall annually allocate an
947 amount equal to at least 1.5 percent of the total amount
948 contracted for construction projects, including existing
949 maintenance projects to enhance the rights-of-way and arterial
950 facilities of the state highway system, shall be allocated by
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951 the department on a statewide basis for the purchase of plant
952 materials. Such funds must be allocated on a statewide basis.
953 1. Department districts may not expend funds for
954 landscaping in connection with any project that is limited to
955 resurfacing existing lanes unless the expenditure has been
956 approved by the department's secretary or the secretary's
957 designee. To the greatest extent practical, at least 50 percent
958 of the funds allocated under this paragraph must subsection
959 shall be allocated for large plant materials and the remaining
960 funds for other plant materials.
961 2. Except as prohibited by applicable federal law or
962 regulation, all plant materials shall be purchased from Florida
963 commercial nursery stock in this state on a uniform competitive
964 bid basis. The department shall develop grades and standards for
965 landscaping materials purchased through this process, including
966 standards for landscaping materials that are native to a
967 specific region of this state to reflect Florida's heritage and
968 natural landscapes.
969 (b) To increase cost predictability and increase
970 programming needs, a project with a total contracted
971 construction cost greater than $500 million must have 0.5
972 percent of the total construction cost expended in the fiscal
973 year in which the project is planned for construction and the
974 remaining 1 percent may be planned and expended over the next 5
975 fiscal years.
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976 (c) Projects authorized in s. 215, chapter 2023-239, Laws
977 of Florida, and in budget amendment EOG #2024-B0112, and
978 subsequently adopted into the 5-year work program, are exempt
979 from this subsection. This paragraph expires upon the completion
980 of the authorized projects.
981 (37) Notwithstanding s. 287.022 or s. 287.025, to enter
982 into contracts for insurance that the department is
983 contractually and legally obligated to provide directly from
984 local, national, or international insurance companies.
985 (38) Notwithstanding s. 287.14, to purchase, lease, or
986 acquire heavy equipment and motor vehicles for roadway
987 operations and emergency response purposes, regardless of
988 whether the department has exchanged or ceased the operation of
989 motor vehicles or heavy equipment already under the department's
990 ownership.
991 (39) To adopt rules to comply with the requirements of 49
992 C.F.R. part 26 and applicable federal law To accomplish these
993 activities, the department may contract with nonprofit
994 organizations having the primary purpose of developing youth
995 employment opportunities.
996 Section 15. Paragraph (f) of subsection (1) of section
997 334.045, Florida Statutes, is amended to read:
998 334.045 Transportation performance and productivity
999 standards; development; measurement; application.—
1000 (1) The Florida Transportation Commission shall develop
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1001 and adopt measures for evaluating the performance and
1002 productivity of the department. The measures may be both
1003 quantitative and qualitative and must, to the maximum extent
1004 practical, assess those factors that are within the department's
1005 control. The measures must, at a minimum, assess performance in
1006 the following areas:
1007 (f) Small Disadvantaged business enterprise and minority
1008 business programs as established in s. 337.027.
1009 Section 16. Section 334.62, Florida Statutes, is created
1010 to read:
1011 334.62 Florida Transportation Academy.—
1012 (1) The Legislature finds that the growth and
1013 sustainability of the transportation workforce industry is vital
1014 to the continued success and efficiency of this state's supply
1015 chain and economic competitiveness. In order to prioritize the
1016 continued need for transportation industry workforce development
1017 programs, the Florida Transportation Academy is established.
1018 (2) In order to support, promote, and sustain workforce
1019 development efforts of the transportation sector, the department
1020 may work with state agencies referenced in this chapter,
1021 industry organizations, and private sector businesses, as
1022 appropriate.
1023 (3) The department may coordinate with all of the
1024 following entities:
1025 (a) The Department of Corrections to identify and create
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1026 certification and training opportunities for nonviolent inmates
1027 and create a process to allow the Department of Corrections to
1028 notify the department when a nonviolent inmate who is seeking
1029 employment has received a scheduled release date.
1030 (b) The Department of Juvenile Justice and its educational
1031 partners to create certification and training opportunities for
1032 eligible youth.
1033 (c) Veterans' organizations to encourage honorably
1034 discharged veterans to pursue opportunities within the
1035 transportation industry, including, but not limited to,
1036 employment as pilots, mechanics, and air traffic controllers.
1037 (d) The Department of Commerce, CareerSource Florida, and
1038 regional business communities, within and outside of the
1039 transportation industry, to further understand recruitment and
1040 retention needs and job-seeker pipelines.
1041 (e) The American Council of Engineering Companies and the
1042 Florida Transportation Builders Association to optimize
1043 workforce recruitment and retention and assess the future needs
1044 of the transportation industry and this state.
1045 Section 17. Subsection (3) of section 335.182, Florida
1046 Statutes, is amended to read:
1047 335.182 Regulation of connections to roads on State
1048 Highway System; definitions.—
1049 (3) As used in this act, the term:
1050 (a) "Connection" means driveways, streets, turnouts, or
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1051 other means of providing for the right of reasonable access to
1052 or from the State Highway System.
1053 (b) "Modification of a connection" means relocation,
1054 alteration, or closure of a connection.
1055 (c)(b) "Significant change" means:
1056 1. A change in the use of the property, including
1057 development of the land, structures, or facilities;, or
1058 2. An expansion of the size of the property, structures,
1059 or facilities causing an increase in the trip generation of the
1060 property exceeding 25 percent more trip generation, (either peak
1061 hour or daily,) and exceeding 100 vehicles per day more than the
1062 existing use.
1063 Section 18. Subsections (3) and (4) of section 335.187,
1064 Florida Statutes, are amended to read:
1065 335.187 Unpermitted connections; existing access permits;
1066 nonconforming permits; modification and revocation of permits.—
1067 (3) The department may issue a nonconforming access permit
1068 if denying after finding that to deny an access permit would
1069 leave the property without a reasonable means of access to the
1070 State Highway System. The department may specify limits on the
1071 maximum vehicular use of the connection and may impose
1072 conditions be conditioned on the availability of future
1073 alternative means of access for which access permits can be
1074 obtained.
1075 (4) After written notice and the opportunity for a
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1076 hearing, as provided for in s. 120.60, the department may modify
1077 or revoke an access permit issued after July 1, 1988, by
1078 requiring modification relocation, alteration, or closure of an
1079 existing connection if:
1080 (a) A significant change occurs in the use, design, or
1081 traffic flow of the connection; or
1082 (b) The connection would jeopardize the safety of the
1083 public or have a negative impact on the operational
1084 characteristics of the highway.
1085 Section 19. Subsection (2) of section 337.027, Florida
1086 Statutes, is amended to read:
1087 337.027 Authority to implement a business development
1088 program.—
1089 (2) For purposes of this section, the term "small
1090 business" means a business with yearly average gross receipts of
1091 less than $25 $15 million for road and bridge contracts and less
1092 than $10 $6.5 million for professional and nonprofessional
1093 services contracts. A business' average gross receipts is
1094 determined by averaging its annual gross receipts over the last
1095 3 years, including the receipts of any affiliate as defined in
1096 s. 337.165.
1097 Section 20. Subsection (6) of section 337.11, Florida
1098 Statutes, is amended to read:
1099 337.11 Contracting authority of department; bids;
1100 emergency repairs, supplemental agreements, and change orders;
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1101 combined design and construction contracts; progress payments;
1102 records; requirements of vehicle registration.—
1103 (6)(a) If the secretary determines that an emergency in
1104 regard to the restoration or repair of any state transportation
1105 facility exists such that the delay incident to giving
1106 opportunity for competitive bidding would be detrimental to the
1107 interests of the state, the provisions for competitive bidding
1108 do not apply; and the department may enter into contracts for
1109 restoration or repair without giving opportunity for competitive
1110 bidding on such contracts. Within 30 days after such
1111 determination and contract execution, the head of the department
1112 shall file with the Executive Office of the Governor a written
1113 statement of the conditions and circumstances constituting such
1114 emergency.
1115 (b) If the secretary determines that delays on a contract
1116 for maintenance exist due to administrative challenges, bid
1117 protests, defaults or terminations and the further delay would
1118 reduce safety on the transportation facility or seriously hinder
1119 the department's ability to preserve the state's investment in
1120 that facility, competitive bidding provisions may be waived and
1121 the department may enter into a contract for maintenance on the
1122 facility. However, contracts for maintenance executed under the
1123 provisions of this paragraph shall be interim in nature and
1124 shall be limited in duration to a period of time not to exceed
1125 the length of the delay necessary to complete the competitive
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1126 bidding process and have the contract in place.
1127 (c) When the department determines that it is in the best
1128 interest of the public for reasons of public concern, economy,
1129 improved operations, or safety, and only when circumstances
1130 dictate rapid completion of the work, the department may, up to
1131 the amount of $500,000, enter into contracts for construction
1132 and maintenance without advertising and receiving competitive
1133 bids. The department may enter into such contracts only upon a
1134 determination that the work is necessary for one of the
1135 following reasons:
1136 1. To ensure timely completion of projects or avoidance of
1137 undue delay for other projects;
1138 2. To accomplish minor repairs or construction and
1139 maintenance activities for which time is of the essence and for
1140 which significant cost savings would occur; or
1141 3. To accomplish nonemergency work necessary to ensure
1142 avoidance of adverse conditions that affect the safe and
1143 efficient flow of traffic.
1144
1145 The department shall make a good faith effort to obtain two or
1146 more quotes, if available, from qualified contractors before
1147 entering into any contract. The department shall give
1148 consideration to small disadvantaged business enterprise
1149 participation. However, when the work exists within the limits
1150 of an existing contract, the department shall make a good faith
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1151 effort to negotiate and enter into a contract with the prime
1152 contractor on the existing contract.
1153 Section 21. Paragraph (a) of subsection (1) of section
1154 337.18, Florida Statutes, is amended to read:
1155 337.18 Surety bonds for construction or maintenance
1156 contracts; requirement with respect to contract award; bond
1157 requirements; defaults; damage assessments.—
1158 (1)(a) A surety bond shall be required of the successful
1159 bidder in an amount equal to the awarded contract price.
1160 However, the department may choose, in its discretion and
1161 applicable only to multiyear maintenance contracts, to allow for
1162 incremental annual contract bonds that cumulatively total the
1163 full, awarded, multiyear contract price. The department may also
1164 choose, in its discretion and applicable only to phased design-
1165 build contracts under s. 337.11(7)(b), to allow the issuance of
1166 multiple contract performance and payment bonds in succession to
1167 align with each phase of the contract to meet the bonding
1168 requirement in this subsection. Notwithstanding any bonding
1169 requirement under this section, the department may require, at
1170 the discretion of the secretary, that the amount of the surety
1171 bond or bonds be less than the contract price.
1172 1. The department may waive the requirement for all or a
1173 portion of a surety bond if:
1174 a. The contract price is $250,000 or less and the
1175 department determines that the project is of a noncritical
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1176 nature and that nonperformance will not endanger public health,
1177 safety, or property;
1178 b. The prime contractor is a qualified nonprofit agency
1179 for the blind or for the other severely handicapped under s.
1180 413.036(2); or
1181 c. The prime contractor is using a subcontractor that is a
1182 qualified nonprofit agency for the blind or for the other
1183 severely handicapped under s. 413.036(2). However, the
1184 department may not waive more than the amount of the
1185 subcontract.
1186 2. If the department determines that it is in the best
1187 interests of the department to reduce the bonding requirement
1188 for a project and that to do so will not endanger public health,
1189 safety, or property, the department may waive the requirement of
1190 a surety bond in an amount equal to the awarded contract price
1191 for a project having a contract price of $250 million or more
1192 and, in its place, may set a surety bond amount that is a
1193 portion of the total contract price and provide an alternate
1194 means of security for the balance of the contract amount that is
1195 not covered by the surety bond or provide for incremental surety
1196 bonding and provide an alternate means of security for the
1197 balance of the contract amount that is not covered by the surety
1198 bond. Such alternative means of security may include letters of
1199 credit, United States bonds and notes, parent company
1200 guarantees, and cash collateral. The department may require
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1201 alternate means of security if a surety bond is waived. The
1202 surety on such bond shall be a surety company authorized to do
1203 business in the state. All bonds shall be payable to the
1204 department and conditioned for the prompt, faithful, and
1205 efficient performance of the contract according to plans and
1206 specifications and within the time period specified, and for the
1207 prompt payment of all persons defined in s. 713.01 furnishing
1208 labor, material, equipment, and supplies for work provided in
1209 the contract; however, whenever an improvement, demolition, or
1210 removal contract price is $25,000 or less, the security may, in
1211 the discretion of the bidder, be in the form of a cashier's
1212 check, bank money order of any state or national bank, certified
1213 check, or postal money order. The department shall adopt rules
1214 to implement this subsection. Such rules shall include
1215 provisions under which the department shall refuse to accept
1216 bonds on contracts when a surety wrongfully fails or refuses to
1217 settle or provide a defense for claims or actions arising under
1218 a contract for which the surety previously furnished a bond.
1219 Section 22. Subsection (3) of section 337.251, Florida
1220 Statutes, is amended to read:
1221 337.251 Lease of property for joint public-private
1222 development and areas above or below department property.—
1223 (3) A proposal must be selected by the department based on
1224 competitive bidding, except that the department may consider
1225 other relevant factors specified in the request for proposals.
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1226 The department may consider such factors as the value of
1227 property exchanges, the cost of construction, and other
1228 recurring costs for the benefit of the department by the lessee
1229 in lieu of direct revenue to the department if such other
1230 factors are of equal value including innovative proposals to
1231 involve small minority businesses. The department may name a
1232 board of advisers which may be composed of accountants, real
1233 estate appraisers, design engineers, or other experts
1234 experienced in the type of development proposed. The board of
1235 advisers shall review the feasibility of the proposals,
1236 recommend acceptance or rejection of each proposal, and rank
1237 each feasible proposal in the order of technical feasibility and
1238 benefit provided to the department. The board of advisers shall
1239 be reasonably compensated for the services provided and all
1240 department costs for evaluating the proposals shall be
1241 reimbursed from a proposal application fee to be set by the
1242 department and paid by the applicants. The board of advisers
1243 shall not be subject to selection under the provisions of
1244 chapter 287.
1245 Section 23. Subsection (4) of section 337.406, Florida
1246 Statutes, is amended to read:
1247 337.406 Unlawful use of state transportation facility
1248 right-of-way; penalties.—
1249 (4) Camping is prohibited on any portion of the right-of-
1250 way of the State Highway System. This subsection does not apply
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1251 to persons who are actively navigating the federally designated
1252 Florida National Scenic Trail as recognized in s. 260.012(6) and
1253 have acquired the associated permits that is within 100 feet of
1254 a bridge, causeway, overpass, or ramp.
1255 Section 24. Subsection (4) of section 338.227, Florida
1256 Statutes, is amended to read:
1257 338.227 Turnpike revenue bonds.—
1258 (4) The Department of Transportation and the Department of
1259 Management Services shall create and implement an outreach
1260 program designed to enhance the participation of small minority
1261 persons and minority business enterprises in all contracts
1262 entered into on or after July 1, 2025, by their respective
1263 departments for services related to the financing of department
1264 projects for the Strategic Intermodal System Plan developed
1265 pursuant to s. 339.64. These services shall include, but are not
1266 limited to, bond counsel and bond underwriters.
1267 Section 25. Subsection (3) of section 339.2816, Florida
1268 Statutes, is amended to read:
1269 339.2816 Small County Road Assistance Program.—
1270 (3) Beginning in with fiscal year 2025-2026 1999-2000
1271 until fiscal year 2009-2010, and beginning again with fiscal
1272 year 2012-2013, up to $50 $25 million annually from the State
1273 Transportation Trust Fund may be used for the purposes of
1274 funding the Small County Road Assistance Program as described in
1275 this section.
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1276 Section 26. Subsections (2), (7), and (8) of section
1277 339.2818, Florida Statutes, are amended to read:
1278 339.2818 Small County Outreach Program.—
1279 (2) For the purposes of this section, the term "small
1280 county" means any county that has a population of 200,000 or
1281 less as determined by the most recent official estimate pursuant
1282 to s. 186.901. The term includes:
1283 (a) A municipality within a rural area of opportunity
1284 designated under s. 288.0656(7)(a), which may compete for the
1285 additional project funding using the criteria listed in
1286 paragraph (4)(c) at up to 100 percent of project costs,
1287 excluding capacity improvement projects.
1288 (b) A local government either wholly or partially within
1289 the Everglades Agricultural Area as defined in s. 373.4592(15),
1290 the Peace River Basin, or the Suwannee River Basin, which may
1291 compete for additional funding using the criteria listed in
1292 paragraph (4)(c) at up to 100 percent of project costs on state
1293 or county roads used primarily as farm-to-market connections
1294 between rural agricultural areas and market distribution
1295 centers, excluding capacity improvement projects.
1296 (7) Beginning in fiscal year 2025-2026, and annually
1297 thereafter, at least $50 million from the State Transportation
1298 Trust Fund may be used for the purposes of funding the Small
1299 County Outreach Program Subject to a specific appropriation in
1300 addition to funds annually appropriated for projects under this
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1301 section, A municipality within a rural area of opportunity or a
1302 rural area of opportunity community designated under s.
1303 288.0656(7)(a) may compete for the additional project funding
1304 using the criteria listed in subsection (4) at up to 100 percent
1305 of project costs, excluding capacity improvement projects.
1306 (8) Subject to a specific appropriation in addition to
1307 funds appropriated for projects under this section, A local
1308 government either wholly or partially within the Everglades
1309 Agricultural Area as defined in s. 373.4592(15), the Peace River
1310 Basin, or the Suwannee River Basin may compete for additional
1311 funding using the criteria listed in paragraph (4)(c) at up to
1312 100 percent of project costs on state or county roads used
1313 primarily as farm-to-market connections between rural
1314 agricultural areas and market distribution centers, excluding
1315 capacity improvement projects.
1316 Section 27. Paragraph (b) of subsection (3) and paragraph
1317 (c) of subsection (4) of section 339.2821, Florida Statutes, are
1318 amended to read:
1319 339.2821 Economic development transportation projects.—
1320 (3)
1321 (b) The department must ensure that it supports small
1322 businesses as defined in s. 337.027(2) small and minority
1323 businesses have equal access to participate in transportation
1324 projects funded pursuant to this section.
1325 (4) A contract between the department and a governmental
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1326 body for a transportation project must:
1327 (c) Require that the governmental body provide the
1328 department with progress reports. Each progress report must
1329 contain:
1330 1. A narrative description of the work completed and
1331 whether the work is proceeding according to the transportation
1332 project schedule.;
1333 2. A description of each change order executed by the
1334 governmental body.;
1335 3. A budget summary detailing planned expenditures
1336 compared to actual expenditures.; and
1337 4. The identity of each small or minority business used as
1338 a contractor or subcontractor.
1339 Section 28. Subsections (3) and (7) of section 339.651,
1340 Florida Statutes, are amended to read:
1341 339.651 Strategic Intermodal System supply chain demands.—
1342 (3) The department may shall make up to $20 million
1343 available each year for fiscal years 2023-2024 through 2027-
1344 2028, from existing work program revenues, to fund projects that
1345 meet the public purpose of providing increased capacity and
1346 enhanced capabilities to move and store construction aggregate
1347 and transportation infrastructure-related materials. Applicants
1348 eligible for project funding under this section are seaports
1349 listed in s. 311.09 and rail lines and rail facilities.
1350 (7) This section shall stand repealed on July 1, 2028.
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1351 Section 29. Paragraph (b) of subsection (6) of section
1352 341.051, Florida Statutes, is amended to read:
1353 341.051 Administration and financing of public transit and
1354 intercity bus service programs and projects.—
1355 (6) ANNUAL APPROPRIATION.—
1356 (b) If funds are allocated to projects that qualify for
1357 the New Starts Transit Program in the current fiscal year and a
1358 project will not be ready for production by June 30, the
1359 department must reallocate such funds for the purpose of the
1360 Strategic Intermodal System within the State Transportation
1361 Trust Fund for the next fiscal year The remaining unallocated
1362 New Starts Transit Program funds as of June 30, 2024, shall be
1363 reallocated for the purpose of the Strategic Intermodal System
1364 within the State Transportation Trust Fund. This paragraph
1365 expires June 30, 2026.
1366
1367 For purposes of this section, the term "net operating costs"
1368 means all operating costs of a project less any federal funds,
1369 fares, or other sources of income to the project.
1370 Section 30. Subsection (5) of section 348.754, Florida
1371 Statutes, is amended to read:
1372 348.754 Purposes and powers.—
1373 (5) The authority shall encourage the inclusion of local
1374 and small-, small-, minority-, and women-owned businesses in its
1375 procurement and contracting opportunities.
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1376 Section 31. Subsection (2) of section 349.03, Florida
1377 Statutes, is amended, and subsection (4) is added to that
1378 section, to read:
1379 349.03 Jacksonville Transportation Authority.—
1380 (2) The governing body of the authority shall consist of
1381 seven members. Four Three members shall be appointed by the
1382 Governor and confirmed by the Senate. Of the four members
1383 appointed by the Governor, one member must be a resident of the
1384 City of Jacksonville and the remaining three members must be
1385 residents of Clay County, Duval County, or St. Johns County.
1386 Three members shall be appointed by the mayor of the City of
1387 Jacksonville subject to confirmation by the council of the City
1388 of Jacksonville. All The seventh member shall be the district
1389 secretary of the Department of Transportation serving in the
1390 district that contains the City of Jacksonville. Except for the
1391 seventh member, members appointed by the mayor of the City of
1392 Jacksonville must shall be residents and qualified electors of
1393 Duval County.
1394 (4) The authority shall:
1395 (a) Follow the department's small business program as
1396 described in s. 337.027.
1397 (b) Establish protocols and systems in accordance with the
1398 requirements established in s. 112.061(16) and s. 215.985(6) and
1399 (14) and post all related information on its publicly available
1400 website.
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1401 Section 32. Sections 316.0741, 331.351, 337.125, 337.135,
1402 337.139, 339.0805, and 339.287, Florida Statutes, are repealed.
1403 Section 33. Paragraphs (j) and (m) of subsection (2) of
1404 section 110.205, Florida Statutes, are amended to read:
1405 110.205 Career service; exemptions.—
1406 (2) EXEMPT POSITIONS.—The exempt positions that are not
1407 covered by this part include the following:
1408 (j) The appointed secretaries and the State Surgeon
1409 General, assistant secretaries, deputy secretaries, and deputy
1410 assistant secretaries of all departments; the executive
1411 directors, assistant executive directors, deputy executive
1412 directors, and deputy assistant executive directors of all
1413 departments; the directors of all divisions and those positions
1414 determined by the department to have managerial responsibilities
1415 comparable to such positions, which positions include, but are
1416 not limited to, program directors, assistant program directors,
1417 district administrators, deputy district administrators, the
1418 Director of Central Operations Services of the Department of
1419 Children and Families, the State Transportation Development
1420 Administrator, the State Public Transportation and Modal
1421 Administrator, district secretaries, district directors of
1422 transportation development, transportation operations,
1423 transportation support, and the managers of the offices of the
1424 Department of Transportation specified in s. 20.23(4)(b) s.
1425 20.23(3)(b). Unless otherwise fixed by law, the department shall
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1426 set the salary and benefits of these positions and the positions
1427 of county health department directors and county health
1428 department administrators of the Department of Health in
1429 accordance with the rules of the Senior Management Service.
1430 (m) All assistant division director, deputy division
1431 director, and bureau chief positions in any department, and
1432 those positions determined by the department to have managerial
1433 responsibilities comparable to such positions, which include,
1434 but are not limited to:
1435 1. Positions in the Department of Health and the
1436 Department of Children and Families which are assigned primary
1437 duties of serving as the superintendent or assistant
1438 superintendent of an institution.
1439 2. Positions in the Department of Corrections which are
1440 assigned primary duties of serving as the warden, assistant
1441 warden, colonel, or major of an institution or that are assigned
1442 primary duties of serving as the circuit administrator or deputy
1443 circuit administrator.
1444 3. Positions in the Department of Transportation which are
1445 assigned primary duties of serving as regional toll managers and
1446 managers of offices, as specified in s. 20.23(4)(b) and (5)(c)
1447 s. 20.23(3)(b) and (4)(c).
1448 4. Positions in the Department of Environmental Protection
1449 which are assigned the duty of an Environmental Administrator or
1450 program administrator.
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1451 5. Positions in the Department of Health which are
1452 assigned the duties of Environmental Administrator, Assistant
1453 County Health Department Director, and County Health Department
1454 Financial Administrator.
1455 6. Positions in the Department of Highway Safety and Motor
1456 Vehicles which are assigned primary duties of serving as
1457 captains in the Florida Highway Patrol.
1458
1459 Unless otherwise fixed by law, the department shall set the
1460 salary and benefits of the positions listed in this paragraph in
1461 accordance with the rules established for the Selected Exempt
1462 Service.
1463 Section 34. Paragraph (d) of subsection (3) of section
1464 322.27, Florida Statutes, is amended to read:
1465 322.27 Authority of department to suspend or revoke driver
1466 license or identification card.—
1467 (3) There is established a point system for evaluation of
1468 convictions of violations of motor vehicle laws or ordinances,
1469 and violations of applicable provisions of s. 403.413(6)(b) when
1470 such violations involve the use of motor vehicles, for the
1471 determination of the continuing qualification of any person to
1472 operate a motor vehicle. The department is authorized to suspend
1473 the license of any person upon showing of its records or other
1474 good and sufficient evidence that the licensee has been
1475 convicted of violation of motor vehicle laws or ordinances, or
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1476 applicable provisions of s. 403.413(6)(b), amounting to 12 or
1477 more points as determined by the point system. The suspension
1478 shall be for a period of not more than 1 year.
1479 (d) The point system shall have as its basic element a
1480 graduated scale of points assigning relative values to
1481 convictions of the following violations:
1482 1. Reckless driving, willful and wanton—4 points.
1483 2. Leaving the scene of a crash resulting in property
1484 damage of more than $50—6 points.
1485 3. Unlawful speed, or unlawful use of a wireless
1486 communications device, resulting in a crash—6 points.
1487 4. Passing a stopped school bus:
1488 a. Not causing or resulting in serious bodily injury to or
1489 death of another—4 points.
1490 b. Causing or resulting in serious bodily injury to or
1491 death of another—6 points.
1492 c. Points may not be imposed for a violation of passing a
1493 stopped school bus as provided in s. 316.172(1)(a) or (b) when
1494 enforced by a school bus infraction detection system pursuant to
1495 s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b)
1496 when enforced by a school bus infraction detection system
1497 pursuant to s. 316.173 may not be used for purposes of setting
1498 motor vehicle insurance rates.
1499 5. Unlawful speed:
1500 a. Not in excess of 15 miles per hour of lawful or posted
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1501 speed—3 points.
1502 b. In excess of 15 miles per hour of lawful or posted
1503 speed—4 points.
1504 c. Points may not be imposed for a violation of unlawful
1505 speed as provided in s. 316.1895 or s. 316.183 when enforced by
1506 a traffic infraction enforcement officer pursuant to s.
1507 316.1896. In addition, a violation of s. 316.1895 or s. 316.183
1508 when enforced by a traffic infraction enforcement officer
1509 pursuant to s. 316.1896 may not be used for purposes of setting
1510 motor vehicle insurance rates.
1511 6. A violation of a traffic control signal device as
1512 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
1513 However, points may not be imposed for a violation of s.
1514 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1515 stop at a traffic signal and when enforced by a traffic
1516 infraction enforcement officer. In addition, a violation of s.
1517 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1518 stop at a traffic signal and when enforced by a traffic
1519 infraction enforcement officer may not be used for purposes of
1520 setting motor vehicle insurance rates.
1521 7. Unlawfully driving a vehicle through a railroad-highway
1522 grade crossing—6 points.
1523 8. All other moving violations (including parking on a
1524 highway outside the limits of a municipality)—3 points. However,
1525 points may not be imposed for a violation of s. 316.0741 or s.
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1526 316.2065(11); and points may be imposed for a violation of s.
1527 316.1001 only when imposed by the court after a hearing pursuant
1528 to s. 318.14(5).
1529 9. Any moving violation covered in this paragraph,
1530 excluding unlawful speed and unlawful use of a wireless
1531 communications device, resulting in a crash—4 points.
1532 10. Any conviction under s. 403.413(6)(b)—3 points.
1533 11. Any conviction under s. 316.0775(2)—4 points.
1534 12. A moving violation covered in this paragraph which is
1535 committed in conjunction with the unlawful use of a wireless
1536 communications device within a school safety zone—2 points, in
1537 addition to the points assigned for the moving violation.
1538 Section 35. Subsection (13) of section 365.172, Florida
1539 Statutes, is amended to read:
1540 365.172 Emergency communications.—
1541 (13) FACILITATING EMERGENCY COMMUNICATIONS SERVICE
1542 IMPLEMENTATION.—To balance the public need for reliable
1543 emergency communications services through reliable wireless
1544 systems and the public interest served by governmental zoning
1545 and land development regulations and notwithstanding any other
1546 law or local ordinance to the contrary, the following standards
1547 shall apply to a local government's actions, as a regulatory
1548 body, in the regulation of the placement, construction, or
1549 modification of a wireless communications facility. This
1550 subsection may not, however, be construed to waive or alter the
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1551 provisions of s. 286.011 or s. 286.0115. For the purposes of
1552 this subsection only, "local government" shall mean any
1553 municipality or county and any agency of a municipality or
1554 county only. The term "local government" does not, however,
1555 include any airport, as defined in s. 330.27 by s. 330.27(2),
1556 even if it is owned or controlled by or through a municipality,
1557 county, or agency of a municipality or county. Further,
1558 notwithstanding anything in this section to the contrary, this
1559 subsection does not apply to or control a local government's
1560 actions as a property or structure owner in the use of any
1561 property or structure owned by such entity for the placement,
1562 construction, or modification of wireless communications
1563 facilities. In the use of property or structures owned by the
1564 local government, however, a local government may not use its
1565 regulatory authority so as to avoid compliance with, or in a
1566 manner that does not advance, the provisions of this subsection.
1567 (a) Colocation among wireless providers is encouraged by
1568 the state.
1569 1.a. Colocations on towers, including nonconforming
1570 towers, that meet the requirements in sub-sub-subparagraphs (I),
1571 (II), and (III), are subject to only building permit review,
1572 which may include a review for compliance with this
1573 subparagraph. Such colocations are not subject to any design or
1574 placement requirements of the local government's land
1575 development regulations in effect at the time of the colocation
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1576 that are more restrictive than those in effect at the time of
1577 the initial antennae placement approval, to any other portion of
1578 the land development regulations, or to public hearing review.
1579 This sub-subparagraph may not preclude a public hearing for any
1580 appeal of the decision on the colocation application.
1581 (I) The colocation does not increase the height of the
1582 tower to which the antennae are to be attached, measured to the
1583 highest point of any part of the tower or any existing antenna
1584 attached to the tower;
1585 (II) The colocation does not increase the ground space
1586 area, commonly known as the compound, approved in the site plan
1587 for equipment enclosures and ancillary facilities; and
1588 (III) The colocation consists of antennae, equipment
1589 enclosures, and ancillary facilities that are of a design and
1590 configuration consistent with all applicable regulations,
1591 restrictions, or conditions, if any, applied to the initial
1592 antennae placed on the tower and to its accompanying equipment
1593 enclosures and ancillary facilities and, if applicable, applied
1594 to the tower supporting the antennae. Such regulations may
1595 include the design and aesthetic requirements, but not
1596 procedural requirements, other than those authorized by this
1597 section, of the local government's land development regulations
1598 in effect at the time the initial antennae placement was
1599 approved.
1600 b. Except for a historic building, structure, site,
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1601 object, or district, or a tower included in sub-subparagraph a.,
1602 colocations on all other existing structures that meet the
1603 requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
1604 to no more than building permit review, and an administrative
1605 review for compliance with this subparagraph. Such colocations
1606 are not subject to any portion of the local government's land
1607 development regulations not addressed herein, or to public
1608 hearing review. This sub-subparagraph may not preclude a public
1609 hearing for any appeal of the decision on the colocation
1610 application.
1611 (I) The colocation does not increase the height of the
1612 existing structure to which the antennae are to be attached,
1613 measured to the highest point of any part of the structure or
1614 any existing antenna attached to the structure;
1615 (II) The colocation does not increase the ground space
1616 area, otherwise known as the compound, if any, approved in the
1617 site plan for equipment enclosures and ancillary facilities;
1618 (III) The colocation consists of antennae, equipment
1619 enclosures, and ancillary facilities that are of a design and
1620 configuration consistent with any applicable structural or
1621 aesthetic design requirements and any requirements for location
1622 on the structure, but not prohibitions or restrictions on the
1623 placement of additional colocations on the existing structure or
1624 procedural requirements, other than those authorized by this
1625 section, of the local government's land development regulations
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1626 in effect at the time of the colocation application; and
1627 (IV) The colocation consists of antennae, equipment
1628 enclosures, and ancillary facilities that are of a design and
1629 configuration consistent with all applicable restrictions or
1630 conditions, if any, that do not conflict with sub-sub-
1631 subparagraph (III) and were applied to the initial antennae
1632 placed on the structure and to its accompanying equipment
1633 enclosures and ancillary facilities and, if applicable, applied
1634 to the structure supporting the antennae.
1635 c. Regulations, restrictions, conditions, or permits of
1636 the local government, acting in its regulatory capacity, that
1637 limit the number of colocations or require review processes
1638 inconsistent with this subsection do not apply to colocations
1639 addressed in this subparagraph.
1640 d. If only a portion of the colocation does not meet the
1641 requirements of this subparagraph, such as an increase in the
1642 height of the proposed antennae over the existing structure
1643 height or a proposal to expand the ground space approved in the
1644 site plan for the equipment enclosure, where all other portions
1645 of the colocation meet the requirements of this subparagraph,
1646 that portion of the colocation only may be reviewed under the
1647 local government's regulations applicable to an initial
1648 placement of that portion of the facility, including, but not
1649 limited to, its land development regulations, and within the
1650 review timeframes of subparagraph (d)2., and the rest of the
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1651 colocation shall be reviewed in accordance with this
1652 subparagraph. A colocation proposal under this subparagraph that
1653 increases the ground space area, otherwise known as the
1654 compound, approved in the original site plan for equipment
1655 enclosures and ancillary facilities by no more than a cumulative
1656 amount of 400 square feet or 50 percent of the original compound
1657 size, whichever is greater, shall, however, require no more than
1658 administrative review for compliance with the local government's
1659 regulations, including, but not limited to, land development
1660 regulations review, and building permit review, with no public
1661 hearing review. This sub-subparagraph does not preclude a public
1662 hearing for any appeal of the decision on the colocation
1663 application.
1664 2. If a colocation does not meet the requirements of
1665 subparagraph 1., the local government may review the application
1666 under the local government's regulations, including, but not
1667 limited to, land development regulations, applicable to the
1668 placement of initial antennae and their accompanying equipment
1669 enclosure and ancillary facilities.
1670 3. If a colocation meets the requirements of subparagraph
1671 1., the colocation may not be considered a modification to an
1672 existing structure or an impermissible modification of a
1673 nonconforming structure.
1674 4. The owner of the existing tower on which the proposed
1675 antennae are to be colocated shall remain responsible for
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1676 compliance with any applicable condition or requirement of a
1677 permit or agreement, or any applicable condition or requirement
1678 of the land development regulations to which the existing tower
1679 had to comply at the time the tower was permitted, including any
1680 aesthetic requirements, provided the condition or requirement is
1681 not inconsistent with this paragraph.
1682 5. An existing tower, including a nonconforming tower, may
1683 be structurally modified in order to permit colocation or may be
1684 replaced through no more than administrative review and building
1685 permit review, and is not subject to public hearing review, if
1686 the overall height of the tower is not increased and, if a
1687 replacement, the replacement tower is a monopole tower or, if
1688 the existing tower is a camouflaged tower, the replacement tower
1689 is a like-camouflaged tower. This subparagraph may not preclude
1690 a public hearing for any appeal of the decision on the
1691 application.
1692 (b)1. A local government's land development and
1693 construction regulations for wireless communications facilities
1694 and the local government's review of an application for the
1695 placement, construction, or modification of a wireless
1696 communications facility shall only address land development or
1697 zoning issues. In such local government regulations or review,
1698 the local government may not require information on or evaluate
1699 a wireless provider's business decisions about its service,
1700 customer demand for its service, or quality of its service to or
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1701 from a particular area or site, unless the wireless provider
1702 voluntarily offers this information to the local government. In
1703 such local government regulations or review, a local government
1704 may not require information on or evaluate the wireless
1705 provider's designed service unless the information or materials
1706 are directly related to an identified land development or zoning
1707 issue or unless the wireless provider voluntarily offers the
1708 information. Information or materials directly related to an
1709 identified land development or zoning issue may include, but are
1710 not limited to, evidence that no existing structure can
1711 reasonably be used for the antennae placement instead of the
1712 construction of a new tower, that residential areas cannot be
1713 served from outside the residential area, as addressed in
1714 subparagraph 3., or that the proposed height of a new tower or
1715 initial antennae placement or a proposed height increase of a
1716 modified tower, replacement tower, or colocation is necessary to
1717 provide the provider's designed service. Nothing in this
1718 paragraph shall limit the local government from reviewing any
1719 applicable land development or zoning issue addressed in its
1720 adopted regulations that does not conflict with this section,
1721 including, but not limited to, aesthetics, landscaping, land
1722 use-based location priorities, structural design, and setbacks.
1723 2. Any setback or distance separation required of a tower
1724 may not exceed the minimum distance necessary, as determined by
1725 the local government, to satisfy the structural safety or
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1726 aesthetic concerns that are to be protected by the setback or
1727 distance separation.
1728 3. A local government may exclude the placement of
1729 wireless communications facilities in a residential area or
1730 residential zoning district but only in a manner that does not
1731 constitute an actual or effective prohibition of the provider's
1732 service in that residential area or zoning district. If a
1733 wireless provider demonstrates to the satisfaction of the local
1734 government that the provider cannot reasonably provide its
1735 service to the residential area or zone from outside the
1736 residential area or zone, the municipality or county and
1737 provider shall cooperate to determine an appropriate location
1738 for a wireless communications facility of an appropriate design
1739 within the residential area or zone. The local government may
1740 require that the wireless provider reimburse the reasonable
1741 costs incurred by the local government for this cooperative
1742 determination. An application for such cooperative determination
1743 may not be considered an application under paragraph (d).
1744 4. A local government may impose a reasonable fee on
1745 applications to place, construct, or modify a wireless
1746 communications facility only if a similar fee is imposed on
1747 applicants seeking other similar types of zoning, land use, or
1748 building permit review. A local government may impose fees for
1749 the review of applications for wireless communications
1750 facilities by consultants or experts who conduct code compliance
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1751 review for the local government but any fee is limited to
1752 specifically identified reasonable expenses incurred in the
1753 review. A local government may impose reasonable surety
1754 requirements to ensure the removal of wireless communications
1755 facilities that are no longer being used.
1756 5. A local government may impose design requirements, such
1757 as requirements for designing towers to support colocation or
1758 aesthetic requirements, except as otherwise limited in this
1759 section, but may not impose or require information on compliance
1760 with building code type standards for the construction or
1761 modification of wireless communications facilities beyond those
1762 adopted by the local government under chapter 553 and that apply
1763 to all similar types of construction.
1764 (c) Local governments may not require wireless providers
1765 to provide evidence of a wireless communications facility's
1766 compliance with federal regulations, except evidence of
1767 compliance with applicable Federal Aviation Administration
1768 requirements under 14 C.F.R. part 77, as amended, and evidence
1769 of proper Federal Communications Commission licensure, or other
1770 evidence of Federal Communications Commission authorized
1771 spectrum use, but may request the Federal Communications
1772 Commission to provide information as to a wireless provider's
1773 compliance with federal regulations, as authorized by federal
1774 law.
1775 (d)1. A local government shall grant or deny each properly
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1776 completed application for a colocation under subparagraph (a)1.
1777 based on the application's compliance with the local
1778 government's applicable regulations, as provided for in
1779 subparagraph (a)1. and consistent with this subsection, and
1780 within the normal timeframe for a similar building permit review
1781 but in no case later than 45 business days after the date the
1782 application is determined to be properly completed in accordance
1783 with this paragraph.
1784 2. A local government shall grant or deny each properly
1785 completed application for any other wireless communications
1786 facility based on the application's compliance with the local
1787 government's applicable regulations, including but not limited
1788 to land development regulations, consistent with this subsection
1789 and within the normal timeframe for a similar type review but in
1790 no case later than 90 business days after the date the
1791 application is determined to be properly completed in accordance
1792 with this paragraph.
1793 3.a. An application is deemed submitted or resubmitted on
1794 the date the application is received by the local government. If
1795 the local government does not notify the applicant in writing
1796 that the application is not completed in compliance with the
1797 local government's regulations within 20 business days after the
1798 date the application is initially submitted or additional
1799 information resubmitted, the application is deemed, for
1800 administrative purposes only, to be properly completed and
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1801 properly submitted. However, the determination may not be deemed
1802 as an approval of the application. If the application is not
1803 completed in compliance with the local government's regulations,
1804 the local government shall so notify the applicant in writing
1805 and the notification must indicate with specificity any
1806 deficiencies in the required documents or deficiencies in the
1807 content of the required documents which, if cured, make the
1808 application properly completed. Upon resubmission of information
1809 to cure the stated deficiencies, the local government shall
1810 notify the applicant, in writing, within the normal timeframes
1811 of review, but in no case longer than 20 business days after the
1812 additional information is submitted, of any remaining
1813 deficiencies that must be cured. Deficiencies in document type
1814 or content not specified by the local government do not make the
1815 application incomplete. Notwithstanding this sub-subparagraph,
1816 if a specified deficiency is not properly cured when the
1817 applicant resubmits its application to comply with the notice of
1818 deficiencies, the local government may continue to request the
1819 information until such time as the specified deficiency is
1820 cured. The local government may establish reasonable timeframes
1821 within which the required information to cure the application
1822 deficiency is to be provided or the application will be
1823 considered withdrawn or closed.
1824 b. If the local government fails to grant or deny a
1825 properly completed application for a wireless communications
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1826 facility within the timeframes set forth in this paragraph, the
1827 application shall be deemed automatically approved and the
1828 applicant may proceed with placement of the facilities without
1829 interference or penalty. The timeframes specified in
1830 subparagraph 2. may be extended only to the extent that the
1831 application has not been granted or denied because the local
1832 government's procedures generally applicable to all other
1833 similar types of applications require action by the governing
1834 body and such action has not taken place within the timeframes
1835 specified in subparagraph 2. Under such circumstances, the local
1836 government must act to either grant or deny the application at
1837 its next regularly scheduled meeting or, otherwise, the
1838 application is deemed to be automatically approved.
1839 c. To be effective, a waiver of the timeframes set forth
1840 in this paragraph must be voluntarily agreed to by the applicant
1841 and the local government. A local government may request, but
1842 not require, a waiver of the timeframes by the applicant, except
1843 that, with respect to a specific application, a one-time waiver
1844 may be required in the case of a declared local, state, or
1845 federal emergency that directly affects the administration of
1846 all permitting activities of the local government.
1847 (e) The replacement of or modification to a wireless
1848 communications facility, except a tower, that results in a
1849 wireless communications facility not readily discernibly
1850 different in size, type, and appearance when viewed from ground
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1851 level from surrounding properties, and the replacement or
1852 modification of equipment that is not visible from surrounding
1853 properties, all as reasonably determined by the local
1854 government, are subject to no more than applicable building
1855 permit review.
1856 (f) Any other law to the contrary notwithstanding, the
1857 Department of Management Services shall negotiate, in the name
1858 of the state, leases for wireless communications facilities that
1859 provide access to state government-owned property not acquired
1860 for transportation purposes, and the Department of
1861 Transportation shall negotiate, in the name of the state, leases
1862 for wireless communications facilities that provide access to
1863 property acquired for state rights-of-way. On property acquired
1864 for transportation purposes, leases shall be granted in
1865 accordance with s. 337.251. On other state government-owned
1866 property, leases shall be granted on a space available, first-
1867 come, first-served basis. Payments required by state government
1868 under a lease must be reasonable and must reflect the market
1869 rate for the use of the state government-owned property. The
1870 Department of Management Services and the Department of
1871 Transportation are authorized to adopt rules for the terms and
1872 conditions and granting of any such leases.
1873 (g) If any person adversely affected by any action, or
1874 failure to act, or regulation, or requirement of a local
1875 government in the review or regulation of the wireless
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1876 communication facilities files an appeal or brings an
1877 appropriate action in a court or venue of competent
1878 jurisdiction, following the exhaustion of all administrative
1879 remedies, the matter shall be considered on an expedited basis.
1880 Section 36. Subsection (2) of section 379.2293, Florida
1881 Statutes, is amended to read:
1882 379.2293 Airport activities within the scope of a
1883 federally approved wildlife hazard management plan or a federal
1884 or state permit or other authorization for depredation or
1885 harassment.—
1886 (2) An airport authority or other entity owning or
1887 operating an airport, as defined in s. 330.27 s. 330.27(2), is
1888 not subject to any administrative or civil penalty, restriction,
1889 or other sanction with respect to any authorized action taken in
1890 a non-negligent manner for the purpose of protecting human life
1891 or aircraft safety from wildlife hazards.
1892 Section 37. Subsection (22) of section 493.6101, Florida
1893 Statutes, is amended to read:
1894 493.6101 Definitions.—
1895 (22) "Repossession" means the recovery of a motor vehicle
1896 as defined under s. 320.01(1), a mobile home as defined in s.
1897 320.01(2), a motorboat as defined under s. 327.02, an aircraft
1898 as defined in s. 330.27 s. 330.27(1), a personal watercraft as
1899 defined in s. 327.02, an all-terrain vehicle as defined in s.
1900 316.2074, farm equipment as defined under s. 686.402, or
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1901 industrial equipment, by an individual who is authorized by the
1902 legal owner, lienholder, or lessor to recover, or to collect
1903 money payment in lieu of recovery of, that which has been sold
1904 or leased under a security agreement that contains a
1905 repossession clause. As used in this subsection, the term
1906 "industrial equipment" includes, but is not limited to,
1907 tractors, road rollers, cranes, forklifts, backhoes, and
1908 bulldozers. The term "industrial equipment" also includes other
1909 vehicles that are propelled by power other than muscular power
1910 and that are used in the manufacture of goods or used in the
1911 provision of services. A repossession is complete when a
1912 licensed recovery agent is in control, custody, and possession
1913 of such repossessed property. Property that is being repossessed
1914 shall be considered to be in the control, custody, and
1915 possession of a recovery agent if the property being repossessed
1916 is secured in preparation for transport from the site of the
1917 recovery by means of being attached to or placed on the towing
1918 or other transport vehicle or if the property being repossessed
1919 is being operated or about to be operated by an employee of the
1920 recovery agency.
1921 Section 38. Paragraph (c) of subsection (1) of section
1922 493.6403, Florida Statutes, is amended to read:
1923 493.6403 License requirements.—
1924 (1) In addition to the license requirements set forth in
1925 this chapter, each individual or agency shall comply with the
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PCS for HB 1397
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1397 2025
1926 following additional requirements:
1927 (c) An applicant for a Class "E" license shall have at
1928 least 1 year of lawfully gained, verifiable, full-time
1929 experience in one, or a combination of more than one, of the
1930 following:
1931 1. Repossession of motor vehicles as defined in s.
1932 320.01(1), mobile homes as defined in s. 320.01(2), motorboats
1933 as defined in s. 327.02, aircraft as defined in s. 330.27 s.
1934 330.27(1), personal watercraft as defined in s. 327.02, all-
1935 terrain vehicles as defined in s. 316.2074, farm equipment as
1936 defined under s. 686.402, or industrial equipment as defined in
1937 s. 493.6101(22).
1938 2. Work as a Class "EE" licensed intern.
1939 Section 39. This act shall take effect July 1, 2025.
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PCS for HB 1397
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