Meeting Notice — Economic Infrastructure Subcommittee, House of Representatives (February 4, 2026)
Summary
Meeting packet of the House of Representatives Economic Infrastructure Subcommittee for Wednesday, February 4, 2026, 1:30 PM to 3:30 PM in Reed Hall (102 HOB). The meeting notice lists HB 33, HB 53, HB 1217, HB 1323 and HB 1451, plus a proposed committee substitute (PCS) for HB 1233. The bill analysis for HB 33 says the bill designates, in Miami-Dade County, a portion of a road as "Charlie Kirk Memorial Avenue" and directs the Florida Department of Transportation (FDOT) to erect markers. The analysis for HB 53 says the bill authorizes the Governor to enter into a Rapid Rail Transit Compact with Alabama, Louisiana, and Mississippi. The packet closes with the PCS for HB 1233, whose last section sets a July 1, 2026 effective date.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Meeting Notice — Economic Infrastructure Subcommittee, House of Representatives (February 4, 2026).”
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Economic Infrastructure Subcommittee
Wednesday, February 4, 2026
1:30 PM - 3:30 PM
Reed Hall (102 HOB)
Daniel Perez Chip LaMarca
Speaker Chair
Committee Meeting Notice
HOUSE OF REPRESENTATIVES
Economic Infrastructure Subcommittee
Start Date and Time: Wednesday, February 04, 2026 01:30 PM
End Date and Time: Wednesday, February 04, 2026 03:30 PM
Location: Reed Hall (102 HOB)
Duration: 2.00 hrs
Consideration of the following bill(s):
HB 33 Transportation Facility Designations by Porras, Weinberger
HB 53 Rapid Rail Transit Compact by Hinson
HB 1217 Prohibited Governmental Policies Regulating Greenhouse Gas Emissions by Snyder
HB 1323 Railroad Crossing Safety by Tuck
HB 1451 Utility Services by Busatta
Consideration of the following proposed committee substitute(s):
PCS for HB 1233 -- Transportation
NOTICE FINALIZED on 02/02/2026 4:30PM by Marks.Amie
02/02/2026 04:30:53PM Leagis ® Page 1 of 1
HB 33
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 33 COMPANION BILL: SB 174 (Rodriguez)
TITLE: Transportation Facility Designations LINKED BILLS: None
SPONSOR(S): Porras and Weinberger RELATED BILLS: None
Committee References
Economic Infrastructure Commerce
SUMMARY
Effect of the Bill:
The bill designates the portion of S.R. 985/S.W. 107th Avenue between S.W. 24th Street and S.R. 90/S.W. 8th Street in
Miami-Dade County as “Charlie Kirk Memorial Avenue” and directs the Florida Department of Transportation
(FDOT) to erect suitable markers for the designation.
Fiscal or Economic Impact:
The bill will have an insignificant negative impact on government expenditures.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill requires FDOT to erect suitable markers to designate that portion of S.R. 985/S.W. 107th Avenue between
S.W. 24th Street and S.R. 90/S.W. 8th Street in Miami-Dade County as “Charlie Kirk Memorial Avenue.” (Section 1).
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill will have an insignificant negative impact on state government expenditures. In 2025, FDOT estimated a
cost of $2,400 per designation for the appropriate markers, which provides for two signs per designation at $1,200
per sign.1 Therefore, the bill has an estimated negative fiscal impact of $2,400 to the State Transportation Fund.
This cost can be absorbed within existing FDOT resources
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Legislative Designation of Transportation Facilities
The Legislature may designate a transportation facility, such as a bridge or a portion of a road, for honorary or
memorial purposes or to distinguish a particular facility. Legislative designations do not officially change the
existing names of facilities and may not require local governments or private parties to change street signs, mailing
addresses, or 911 emergency telephone number system listing.2
Transportation Facility Markers
1 Email from Jack Rogers, Director of Legislative Affairs, Department of Transportation, RE: Road Designations Review (Feb.
13, 2025).
2 S. 334.071(1), F.S.
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HB 33
Following a legislative designation, FDOT is required to place markers at the termini or intersections specified for
each highway segment or bridge designated and may place other markers it deems as appropriate.3 Before
markers may be erected, the appropriate city or county commission must pass a resolution in support of the
particular honorary designation. If the designated bridge or road segment is located in more than one city or
county, there must be resolutions supporting the designation from each affected local government before markers
may be erected.4
Unless specifically provided by law, public facilities such as roads, bridges, and other similar facilities may not be
named for any living person.5
Charlie Kirk
Charlie Kirk was the founder of Turning Point USA, the largest conservative youth organization in America. Kirk
was named to the Forbes “30 under 30” list and served as the opening speaker at the 2020 Republican National
Convention.6 Kirk was a #1 New York Times best-selling author and had an extremely large platform, with more
than 1 million people per day listening, streaming, or watching the “Charlie Kirk Show.”7 He was assassinated while
speaking at a public event at Utah Valley University on September 10, 2025.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure Keating Dallas
Subcommittee
Commerce Committee
3 S. 334.071(2), F.S.
4 S. 334.071(3), F.S.
5 S. 267.062(1), F.S.
6 Turning Point USA, Our Founder, https://tpusa.com/meetthefounder/ (last visited Jan. 30, 2026).
7 Id.
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2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 33 2026
1 A bill to be entitled
2 An act relating to transportation facility
3 designations; providing an honorary designation of a
4 certain transportation facility in a specified county;
5 directing the Department of Transportation to erect
6 suitable markers; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Charlie Kirk Memorial Avenue designated;
11 Department of Transportation to erect suitable markers.—
12 (1) That portion of S.R. 985/S.W. 107th Avenue between
13 S.W. 24th Street and S.R. 90/S.W. 8th Street in Miami-Dade
14 County is designated as "Charlie Kirk Memorial Avenue."
15 (2) The Department of Transportation is directed to erect
16 suitable markers designating Charlie Kirk Memorial Avenue as
17 described in subsection (1).
18 Section 2. This act shall take effect July 1, 2026.
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hb33-00
Economic Infrastructure Subcommittee
HB 33 by Porras
Transportation Facility Designations
AMENDMENT SUMMARY
February 4, 2026
Amendment #198817 by Porras (line 17):
• Directs the Department of Transportation to erect suitable markers designating
that portion of S.R. 870/Commercial Boulevard between W Tradewinds Avenue
and the eastern terminus of Commercial Boulevard in Broward County as
“President Donald J. Trump Boulevard.”
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 33 (2026)
Amendment No.
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Economic Infrastructure
2 Subcommittee
3 Representative Porras offered the following:
4
5 Amendment (with title amendment)
6 Between lines 17 and 18, insert:
7 Section 2. President Donald J. Trump Boulevard designated;
8 Department of Transportation to erect suitable markers.-
9 (2) That portion of S.R. 870/Commercial Boulevard between
10 W Tradewinds Avenue and the eastern terminus of Commercial
11 Boulevard in Broward County is designated as “President Donald
12 J. Trump Boulevard.”
13 (3) The Department of Transportation is directed to erect
14 suitable markers designating the transportation facilities as
15 described in this section.
16
198817 - h0033-line17.docx
Published On: 2/3/2026 4:56:48 PM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 33 (2026)
Amendment No.
17 -----------------------------------------------------
18 T I T L E A M E N D M E N T
19 Remove lines 3-4 and insert:
20 designations; providing honorary designations of
21 certain transportation facilities in specified
22 counties;
198817 - h0033-line17.docx
Published On: 2/3/2026 4:56:48 PM
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HB 53
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 53 COMPANION BILL: SB 1254 (Davis)
TITLE: Rapid Rail Transit Compact LINKED BILLS: None
SPONSOR(S): Hinson RELATED BILLS: None
Committee References
Economic Infrastructure Commerce
SUMMARY
Effect of the Bill:
The bill authorizes the Governor to enter into a Rapid Rail Transit Compact with Alabama, Louisiana, and
Mississippi.
Fiscal or Economic Impact:
None.
I
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill authorizes the Governor to enter into a Rapid Rail Transit Compact (Compact) with Alabama, Louisiana,
and Mississippi. The bill establishes the following terms of the Compact: (Section 1).
The Compact’s purpose is to study the feasibility of rapid rail transit service between Alabama, Florida,
Louisiana, and Mississippi and to establish a joint interstate commission to assist in this effort.
The Compact takes effect when a state has ratified it and Congress has consented. A state other than
Alabama, Florida, Louisiana, and Mississippi may become a party to the Compact if it is contiguous to
another party state and the legislature of the contiguous state becoming a party approves.
The Southern Rail Commission (SRC) is the joint agency created by the parties under the Compact. SRC’s
membership consists of:
o The Governor of each party state;
o One representative from each party state’s department of transportation; and
o Five other citizens of each party state which are appointed by the respective Governor.
Terms of membership in the SRC and quorum meeting requirements.
The powers of SRC include the power to:
o Hold hearings;
o Conduct studies and surveys of all problems, benefits, and other associated matters;
o Make reports;
o Acquire moneys or property from local, state, federal, or private sources for its proper functioning;
o Cooperate with public or private groups;
o Formulate and execute plans and policies for emphasizing the purpose of the Compact before the
U.S. Congress and other appropriate federal officers and agencies; and
o Exercise other powers as it deems appropriate.
Each party state agrees that its legislature may expend funds for the establishment and operation of SRC,
provided that the legislature of a party state is not bound to appropriate a set amount of funds.
Terms for withdrawal from SRC and authority and direction for SRC members to carry out the purpose of
the Compact.
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HB 53
The bill has an effective date of July 1, 2026. (Section 2).
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Southern Rail Commission (SRC)
Regional Rail Commissions (RRCs) are interstate compacts established by federal law that enable two or more
contiguous states to jointly study and develop rail projects for their mutual, regional benefit.1 The Southern Rail
Commission (SRC) is an RRC created in 1982 to promote the safe, reliable, and efficient movement of people and
goods to enhance economic development within party states. It is also SRC’s objective to:
Provide transportation choices;
Engage local decision makers;
Facilitate emergency evacuation routes;
Pursue funding for planning and implementation; and
Support state departments of transportation.2
Current members of SRC are Louisiana, Alabama, and Mississippi. In September 2023, the efforts of SRC and the
Rail Passengers Association, among others, resulted in a $178 million federal grant for the restoration of passenger
rail service from New Orleans, Louisiana, to Mobile, Alabama. On August 18, 2025, Amtrak passenger rail service
began between New Orleans and Mobile, referred to as the “Mardi Gras Service”. Other SRC passenger rail service
projects include a route from Baton Rouge to New Orleans and a proposed I-20 Rail Corridor service that connects
Dallas-Fort Worth, Northern Louisiana, and Atlanta.3
In 1993, SRC successfully negotiated the extension of the “Sunset Limited” Amtrak line from Los Angeles,
California, to Jacksonville, Florida.4 Sunset Limited was extended into Florida, with major stops in Orlando and
Hialeah. However, Hurricane Katrina in 2005 permanently closed the line east of New Orleans, derailing passenger
rail service which has not been restored since.5
Economic Impact
Proponents of the restoration of Gulf Coast passenger rail service claim there are many economic benefits, such as:
Improved accessibility for residents between New Orleans and Orlando.
Growth in tourism, the job market, health care, and higher education.
Development of an evacuation route for Gulf Coast cities.
Additional sales tax revenue from casino patrons, visitors, and tourists.6
1 Regional Rail Commissions, What are RRCs?, https://www.aawa.us/impact/current-projects/regional-rail-commissions/
(last visited Jan. 8, 2026).
2 Southern Rail Commission, Our Mission, https://www.southernrailcommission.org/mission (last visited Jan. 8, 2026).
3 WLOX Staff, Passenger trains rolling again as Amtrak returns to South Mississippi, WLOX News (Aug. 18, 2025),
https://www.wlox.com/2025/08/18/passenger-trains-rolling-again-amtrak-returns-south-mississippi/ (last visited Jan. 8,
2026).
4 Sunset Limited became the first transcontinental rail line in American history. Southern Rail Commission, History,
https://www.southernrailcommission.org/history (last visited Jan. 8, 2026).
5 Amtrak Routes, Amtrak Sunset Limited Train: Stops, Stations, Route, Schedule, & Booking Tips!,
https://amtrakroutes.com/sunset-limited-train/ (last visited Jan. 8, 2026).
6 Southern Rail Commission, Connecting the entire Gulf Coast with comprehensive passenger rail,
https://www.southernrailcommission.org/gulf-coast-rail (last visited Dec. 1, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 53
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure Keating Ray
Subcommittee
Commerce Committee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 53 2026
1 A bill to be entitled
2 An act relating to a rapid rail transit compact;
3 creating s. 351.41, F.S.; authorizing the Governor to
4 execute a rapid rail transit compact with specified
5 states to join the Southern Rail Commission; providing
6 the form of the compact; providing an effective date.
7
8 WHEREAS, North Florida has lacked passenger rail service
9 since September 2005, when track damage from Hurricane Katrina
10 led to the termination of Amtrak's Sunset Limited route, which
11 ran from New Orleans to Pensacola, Tallahassee, Jacksonville,
12 and Orlando, and
13 WHEREAS, the Southern Rail Commission (SRC), formed by the
14 United States Congress in 1982, has evolved over time with a
15 vision to "promote the safe, reliable, and efficient movement of
16 people and goods to enhance economic development along rail
17 corridors; provide transportation choices; and facilitate
18 emergency evacuation routes," and
19 WHEREAS, the States of Alabama, Louisiana, and Mississippi
20 are members of the SRC, and
21 WHEREAS, the SRC has been highly successful in
22 collaborating with Amtrak and other partners to obtain federal
23 funding for the restoration of passenger rail service in its
24 member states, including $178 million in federal grant funding
25 in September 2023 to restore passenger rail service from New
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26 Orleans, Louisiana, to Mobile, Alabama, and
27 WHEREAS, the new route between New Orleans and Mobile,
28 referred to as the "Mardi Gras Service," made its first run on
29 August 18, 2025, and runs twice daily between New Orleans and
30 Mobile, with stops in Bay St. Louis, Gulfport, Biloxi, and
31 Pascagoula, Mississippi, and
32 WHEREAS, the SRC has also identified a project connecting
33 the entire Gulf Coast with services from Baton Rouge to Orlando,
34 called the Gulf Coast Passenger Rail route, and
35 WHEREAS, states such as Florida, which are contiguous to
36 existing SRC member states, are eligible to become SRC members,
37 and
38 WHEREAS, by joining the SRC, Florida can leverage the power
39 of a multistate coalition to study, plan, and obtain federal
40 funding for passenger rail initiatives that benefit its
41 residents and businesses, without obligating this state to spend
42 state funds on rail infrastructure, and
43 WHEREAS, passenger rail stimulates economic development by
44 fostering tourism, attracting businesses, improving access to
45 markets, promoting job creation, and spurring investment in
46 local communities, and
47 WHEREAS, passenger rail enhances connectivity between
48 communities, businesses, military bases, health care facilities,
49 educational institutions, sports venues, and tourist
50 attractions, fostering regional cooperation and cohesion among
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HB 53 2026
51 diverse populations, and
52 WHEREAS, passenger rail can expand this state's capacity
53 for emergency evacuation and disaster response during
54 emergencies and provide another option for mobilizing emergency
55 response personnel, particularly when roadways have reached
56 capacity or have been damaged, and
57 WHEREAS, passenger rail provides an alternative mode of
58 transportation, reducing traffic congestion on highways by
59 alleviating the strain on existing road infrastructure, which
60 increases safety and efficiency for all travelers, and
61 WHEREAS, accessible and convenient transportation options
62 increase quality of life for residents by providing greater
63 mobility, reducing travel times, and offering an alternative to
64 driving, NOW, THEREFORE,
65
66 Be It Enacted by the Legislature of the State of Florida:
67
68 Section 1. Section 351.41, Florida Statutes, is created to
69 read:
70 351.41 Rapid Rail Transit Compact.—The Governor, on behalf
71 of this state, is hereby authorized to execute a compact, in
72 substantially the following form, with the States of Alabama,
73 Louisiana, and Mississippi, and the Legislature hereby signifies
74 in advance its approval and ratification of such compact:
75
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HB 53 2026
76 RAPID RAIL TRANSIT COMPACT
77 ARTICLE I
78 The purpose of this compact is to study the feasibility of
79 rapid rail transit service between the states of Alabama,
80 Florida, Louisiana, and Mississippi and to establish a joint
81 interstate commission to assist in this effort.
82
83 ARTICLE II
84 This compact shall become effective immediately as to the
85 states ratifying it whenever the States of Alabama, Florida,
86 Louisiana, and Mississippi have ratified it and Congress has
87 given consent thereto. Any state not mentioned in this article
88 which is contiguous with any member state may become a party to
89 this compact, subject to approval by the legislature of each of
90 the member states.
91
92 ARTICLE III
93 The states which are parties to this compact, hereinafter
94 referred to as party states, do hereby establish and create a
95 joint agency which shall be known as the Southern Rail
96 Commission, hereinafter referred to as the commission, or any
97 successor name adopted by all members of the commission. The
98 membership of such commission shall consist of the governor of
99 each party state, one representative each from the Mississippi
100 Energy and Transportation Board, or its successor, the Office of
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101 Aviation and Public Transportation of the Louisiana Department
102 of Transportation and Development, or its successor, the Alabama
103 Department of Energy, or its successor, and the Florida
104 Department of Transportation, or its successor, and five other
105 citizens of each party state, to be appointed by the governor
106 thereof. The appointed members of the commission shall serve for
107 terms of 4 years each. Vacancies on the commission shall be
108 filled by appointment by the governor for the unexpired portion
109 of the term. The members of the commission shall not be
110 compensated for service on the commission, but each of the
111 appointed members shall be entitled to actual and reasonable
112 expenses incurred in attending meetings, or incurred otherwise
113 in the performance of his or her duties as a member of the
114 commission. The members of the commission shall hold regular
115 quarterly meetings and such special meetings as its business may
116 require. They shall choose annually a chairman and vice chairman
117 from among their members, and the chairmanship shall rotate each
118 year among the party states in order of their acceptance of this
119 compact. The commission shall adopt rules and regulations for
120 the transaction of its business and a record shall be kept of
121 all its business. It shall be the duty of the commission to
122 study the feasibility of providing interstate rapid rail transit
123 service between the party states. Toward this end, the
124 commission shall have power to hold hearings; to conduct studies
125 and surveys of all problems, benefits, and other matters
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126 associated with such service, and to make reports thereon; to
127 acquire, by gift, grant, or otherwise, from local, state,
128 federal, or private sources, such money or property as may be
129 provided for the proper performance of its functions, and to
130 hold and dispose of same; to cooperate with other public or
131 private groups, whether local, state, regional, or national,
132 having an interest in such service; to formulate and execute
133 plans and policies for emphasizing the purpose of this compact
134 before the Congress of the United States and other appropriate
135 officers and agencies of the United States; and to exercise such
136 other powers as may be appropriate to enable it to accomplish
137 its functions and duties and to carry out the purposes of this
138 compact.
139
140 ARTICLE IV
141 Each party state agrees that its legislature may, in its
142 discretion, from time to time make available and pay over to the
143 commission funds for the establishment and operation of the
144 commission. The contribution of each party state shall be in
145 equal amounts, if possible, but nothing in this article shall be
146 construed as binding the legislature of any state to make an
147 appropriation of a set amount of funds at any particular time.
148
149 ARTICLE V
150 Nothing in this compact shall be construed so as to
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151 conflict with any existing statute, or to limit the powers of
152 any party state, or to repeal or prevent legislation, or to
153 affect any existing or future cooperative arrangement or
154 relationship between any federal agency and a party state.
155
156 ARTICLE VI
157 (1) This compact shall continue in force and remain
158 binding upon each party state until the legislature or governor
159 of each or any state takes action to withdraw therefrom.
160 However, any such withdrawal does not become effective until 6
161 months after the date of the action taken by the legislature or
162 governor. Notice of such action shall be given to the other
163 party state or states by the secretary of state of the party
164 state which takes such action.
165 (2) There is hereby granted to the Governor, to the
166 members of the commission for Alabama, Florida, Louisiana, and
167 Mississippi, and to the compact administrator all the powers
168 provided for in the compact and in this section. All officers of
169 this state are hereby authorized and directed to do all things
170 falling within their respective jurisdictions which are
171 necessary or incidental to carrying out the purpose of the
172 compact.
173 Section 2. This act shall take effect July 1, 2026.
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HB 1217
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1217 COMPANION BILL: CS/SB 1628 (Avila)
TITLE: Prohibited Governmental Policies Regulating LINKED BILLS: None
Greenhouse Gas Emissions RELATED BILLS: None
SPONSOR(S): Snyder
Committee References
Economic Infrastructure Intergovernmental Affairs Commerce
SUMMARY
Effect of the Bill:
The bill provides a legislative finding that net zero policies, carbon taxes and assessments, and carbon emission
trading programs are detrimental to the energy security and economic interest of the state; establishes certain
prohibitions on a governmental entity adopting, implementing, using government funds to support, or imposing
any tax or assessment to advance such policies; and defines terms related to such prohibitions.
Fiscal or Economic Impact:
The bill may have an indeterminate negative impact on state and local government revenues.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Legislative Findings and Policy
The bill provides a legislative finding that net zero policies, carbon taxes and assessments, and carbon emission
trading programs, commonly known as "cap-and-tax" or "cap-and-trade" programs, are detrimental to this state's
energy security and economic interests. The bill also provides that it is state policy to prohibit the adoption or
implementation of net zero policies by a governmental entity, including through government expenditures, taxes,
assessments, or trading programs. (Section 1)
Net-Zero Policies
The bill defines the term “net-zero policies” to mean any target, threshold, initiative, action, framework,
requirement, or policy associated with reducing the use of carbon-intensive products or activities, including a
requirement imposed by a governmental entity that requires:
The governmental entity to meet a statewide, regional, or geographically specific reduction in greenhouse
gas emissions in an amount equal to zero, or when annual anthropogenic emissions of greenhouse gases
into the atmosphere are balanced by removal over a specific period of time.
An individual or business activity, including any carbon-intensive activity, to:
o Meet a specific reduction in greenhouse gas emissions in an amount equal to zero, or when annual
anthropogenic emissions of greenhouse gases into the atmosphere are balanced by removal over a
specific period of time.
o Meet any goal of the Paris Agreement, defined as the resolution adopted by the United Nations
Framework Convention on Climate Change's 21st Conference of Parties in Paris, France, or any
similar initiative adopted by the Federal Government or any geopolitical organization affiliated
with the World Bank or World Economic Forum.
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HB 1217
o Support the goal of any regional governing authority or multistate entity that commits to a
reduction in greenhouse gas emissions in an amount equal to zero, or when annual anthropogenic
emissions of greenhouse gases into the atmosphere are balanced by removal over a specific period
of time.
o Restrict any carbon-intensive activity of any individual or business that would otherwise not be
restricted for the sole purpose of meeting net zero policies.
o Prohibit the use, sale, purchase, or exchange of any carbon-intensive product or carbon for the sole
purpose of meeting net zero policies. (Section 1)
Restrictions on Government Actions
Prohibited Government Policies and Programs
The bill provides that a governmental entity may not adopt, or require any individual to adopt, net zero policies
associated with the reduction of carbon-intensive products, including in any comprehensive plans, land
development regulations, transportation plans, or any published or adopted government policy, program, or
procedure. The prohibitions in the bill apply to any proposed action by a governmental entity on or after July 1,
2026, that is not otherwise permissible by general law. (Section 1)
The bill also prohibits a governmental entity from implementing, administering, or enforcing any program that has
the effect of:
Establishing a statewide, regional, or geographic limit or cap on the amount of greenhouse gas1 emissions2
that results from the use, production, or consumption of any carbon-intensive product or carbon-intensive
activity.
Providing for the allocation, auction, or transfer of emissions allowances or credits among pollutant
sources as a means of compliance with greenhouse gas emission limits.
Requiring a governmental entity or any individual in this state to participate in an emissions trading
program. (Section 1)
Prohibited Use of Government Funds
The bill prohibits a governmental entity from using government funds in any manner that supports, implements, or
advances net zero policies, including:
Through purchasing or procurement preferences for products that are not carbon-intensive or for vehicles
or equipment based solely on the fuel source.
Using government funds to pay dues for any nongovernmental agency or organization, including any trade
association or organization, that adopts or supports net zero policies. (Section 1)
Prohibited Taxes, Fees, and Charges
The bill prohibits a governmental entity from imposing a tax, fee, penalty, charge, offset, or assessment to advance
net zero policies, including:
The carbon content of a fuel;
The emission of greenhouse gases that results from the use, production, or consumption of any good or
service;
Any carbon-intensive activity; or
The use, sale, purchase, or exchange of any carbon-intensive product or carbon-intensive activity.
The bill requires each governmental entity to annually submit to the Department of Revenue an affidavit attesting
to compliance with the prohibitions above. (Section 1)
1 For purposes of the bill, the term “greenhouse gases” is defined to include carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and nitrogen trifluoride.
2 For purposes of the bill, the term “emissions” is defined to mean greenhouse gases released, by any individual or entity, into
the atmosphere or air.
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Definitions
The bill supplies definitions for terms used in the bill.
Business Activity
The bill provides that the term “business activity” means any activity, or series of activities, that:
Involves the emission of a greenhouse gas, or a combination thereof.
Forms a single undertaking or enterprise, taking into account any relevant circumstances. (Section 1)
Carbon-Intensive Activity
The bill provides that the term “carbon-intensive activity” means any business activity, or any other activity
performed by any individual, which supports:
The movement of individuals or goods through common methods of transportation, including automobiles,
commercial vehicles, freight haulers, aircraft, vessels, pipelines, delivery devices, and other similar
transportation methods. This includes the use of energy resources to power or operate such transportation
methods.
The creation or transmission of energy resources for the following commercial and residential uses:
electricity; manufacturing; the sustainment of human life, including, but not limited to, refrigeration and
cooling in enclosed or partially enclosed spaces; waste management; and the operation of manufacturing of
appliances for human use.
The performance of activities to support the production of any carbon-intensive product, including, but not
limited to, farming, agriculture, hunting and gathering, or the taking of fish and wildlife to sustain human
life.
The use of traditional authorized methods to take fish and wildlife resources.
The mining, exploration, or manufacturing of products to support the continued livelihood of mankind.
(Section 1)
Carbon-Intensive Product
The bill provides that the term “carbon-intensive product” means any of the following products, including any
product containing a component thereof:
A product containing iron; steel; steel mill, including, but not limited to, pipes and tubes; aluminum;
cement; glass, including, but not limited to, flat, container, or specialty glass, or fiberglass; oil; minerals;
metals; pulp; and paper.
Any agricultural commodity or product, whether raw or processed, including any commodity or product
derived from livestock that is marketed in the United States for human or animal consumption. This
includes agricultural, aquacultural, horticultural, viticultural, and dairy products; livestock and the
products thereof; the products of poultry and bee raising; the edible products of forestry; and all products
raised or produced on farms, and processed or manufactured products thereof, transported or intended to
be transported in interstate or foreign commerce. (Section 1)
Governmental Entity
The bill provides that the term “governmental entity” means:
The state, and any political subdivision thereof, including the executive, legislative, and judicial branches of
state government.
A county; a municipality; a special district, including an independent community development district, a
neighborhood improvement district, and an independent special district; and any authority, board, or
commission of such governmental entities.
A state agency, a county agency, or any other entity, however styled, that independently exercises any type
of state or local governmental function, that is subject to ch. 377, F.S. (Section 1)
Government Funds
The bill provides that the term “government funds” means:
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State funds pursuant to s. 215.31, F.S.,3 and any other moneys of the state.
Funds of the judicial branch, including any moneys of all officers, employees, and offices of the Supreme
Court, district courts of appeal, circuit courts, county courts, and the Judicial Qualifications Commission.
Local government funds, including any moneys of a county, municipality, school district, special district,
and any other political subdivision, including a consolidated government, metropolitan government, town,
and village.
Funds of public officials and constitutional officers.
State university or Florida College System institution funds.
Funds of any agency, board, bureau, commission, or institution of any of the foregoing. (Section 1)
The bill makes other conforming changes to limit the power of county or municipal governments in accordance
with the provisions of the bill. (Sections 2, 3, and 4)
The bill provides an effective date of July 1, 2026. (Section 5)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate negative impact on state government revenues. The bill appears to limit the
ability of state government and state agencies to impose taxes or fees on carbon-intensive products and activities
that are otherwise subject to taxes or fees.
LOCAL GOVERNMENT:
The bill may have an indeterminate negative impact on local government revenues. The bill appears to limit the
ability of local governments to impose taxes or fees on carbon-intensive products and activities that are otherwise
subject to taxes or fees.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Greenhouse Gas
The term “greenhouse gas” (GHG) refers to a category of gases that trap heat in the atmosphere.4 Some GHGs occur
naturally, such as carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O), while others, known as
“fluorinated gases,” are products primarily of household, commercial, and industrial applications and processes
(hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and nitrogen trifluoride).5 Each gas’s effect on the
earth’s climate depends on several factors:
How abundant the gas is in the atmosphere.
How long the gas stays in the atmosphere.
How strongly the gas impacts the atmosphere.6
The EPA estimated that in 2022, total GHG emissions in the U.S. were 17 percent below 2005 levels, after
accounting for offsets from land management uses.7
3 S. 215.31, F.S., addresses all revenue, including licenses, fees, imposts, or exactions collected or received under the authority
of the laws of the state by each and every state official, office, employee, bureau, division, board, commission, institution,
agency, or undertaking of the state or the judicial branch.
4 United States Environmental Protection Agency (EPA), Overview of Greenhouse Gases,
https://www.epa.gov/ghgemissions/overview-greenhouse-gases (last visited Feb. 2, 2026).
5 Id.
6 Id.
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Carbon Dioxide
The most common GHG emitted through human activities, carbon dioxide (CO2), is naturally present in the
atmosphere as part of the earth's carbon cycle (the natural circulation of carbon among the atmosphere, oceans,
soil, plants, and animals).8 CO2 is constantly exchanged among the atmosphere, ocean, and land surface as it is both
produced and absorbed by many microorganisms, plants, and animals.9 Emissions and removals of CO2 by these
natural processes tend to balance over time, absent effects related to human activity, such as the combustion of
fossil fuels for energy and transportation.10 Some activity, such as the management of forests and other natural and
agricultural lands, acts as a net sink of CO2, removing and storing in plants and trees more CO2 from the
atmosphere than is emitted.11 Excluding offsets from land management uses, annual CO2 emissions in the U.S.
decreased by 1.5 percent between 1990 and 2022.12
Methane
Methane (CH4) accounts for 12 percent of all U.S. GHG emissions from human activities, but most methane
emission occurs naturally as a result of the normal digestive process of animals, including domestic livestock such
as cattle, swine, sheep, and goats.13 Human activity contributing to the emission of methane includes natural gas
and petroleum systems, as well as waste management, landfills, and wastewater treatment.14 Annual methane
emissions in the U.S. decreased by 19 percent between 1990 and 2022.15
Nitrous Oxide
Nitrous oxide (N2O) is naturally present in the atmosphere from a variety of natural sources, including as part of
the earth's nitrogen cycle, the natural circulation of nitrogen among the atmosphere, plants, animals, and
microorganisms that live in soil and water.16 Human activities that contribute to nitrous oxide emissions include
agriculture (especially the application of synthetic and organic fertilizers and other cropping practices), fuel
combustion, wastewater management, and industrial processes.17 In 2022, nitrous oxide accounted for 6 percent of
all U.S. GHG emissions from human activities, and annual nitrous oxide emissions in the United States decreased by
3 percent between 1990 and 2022.
Fluorinated Gases
Unlike many other GHGs, fluorinated gases have no significant natural sources and come almost entirely from
human-related activities.18 Relative to other GHGs, fluorinated gases also have a higher potential to trap heat in the
atmosphere, and last for much longer in the atmosphere.19 In general, fluorinated gases are the most potent and
longest lasting type of greenhouse gases emitted by human activities, and many fluorinated gases are removed
from the atmosphere only when they are destroyed by sunlight in the upper atmosphere.20
There are four main categories of fluorinated gases:
7 EPA, Inventory of U.S. Greenhouse Gas Emissions and Sinks, https://www.epa.gov/ghgemissions/inventory-us-greenhouse-
gas-emissions-and-sinks (last visited Feb. 2, 2026).
8 EPA, Carbon Dioxide Emissions, https://www.epa.gov/ghgemissions/carbon-dioxide-emissions#CO2-references (last visited
Feb. 2, 2026).
9 Id.
10 Id.
11 Id.
12 Id.
13 EPA, Methane Emissions, https://www.epa.gov/ghgemissions/methane-emissions (last visited Feb. 2, 2026).
14 Id.
15 Id.
16 EPA, Nitrous Oxide Emissions, https://www.epa.gov/ghgemissions/nitrous-oxide-emissions (last visited Feb. 2, 2026).
17 Id.
18 EPA, Fluorinated Gas Emissions, https://www.epa.gov/ghgemissions/fluorinated-gas-emissions (last visited Feb. 2, 2026).
19 Id.
20 Id.
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Hydrofluorocarbons (HFCs), which accounted for 90 percent of fluorinated gas emissions in 2022, are used
as refrigerants, aerosol propellants, foam blowing agents, solvents, and fire retardants in products used by
homes, businesses and industry. The major emissions source of these compounds is their use as
refrigerants—for example, in air conditioning systems in both vehicles and buildings.
Perfluorocarbons (PFCs) are produced as a byproduct of aluminum production and are used in the
manufacturing of semiconductors.
Sulfur hexafluoride (SF6) is used in magnesium processing and semiconductor manufacturing, as well as a
tracer gas for leak detection. Sulfur hexafluoride is also used as an insulating gas in electrical transmission
equipment, including circuit breakers.
Nitrogen trifluoride (NF3) is used in semiconductor manufacturing.21
Fluorinated gas emissions in the U.S. increased by 105 percent between 1990 and 2022, with the increase
primarily driven by a 349 percent increase in emissions of hydrofluorocarbons.22
Net-Zero Policies
“Net-zero” policies aim at achieving a balance between GHGs emitted from human activity and the amount of
carbon dioxide (CO2) removed from the atmosphere.23 Human activities also emit other greenhouse gases,
including methane, nitrous oxide, and fluorinated gases. To compare the climate impacts of different GHGs, their
effects on the climate are commonly expressed relative to CO2 using a metric known as “CO2 equivalent.”24
Net-zero GHG emissions means the combined net emissions of all greenhouse gases, expressed in CO2 equivalents,
equal zero.25 Methods of CO2 removal include natural absorption and storage in forests and other ecosystems as
well as technological removal and storage.26 However, because there are currently no commercially available
methods to remove non-CO2 GHGs from the atmosphere, achieving net-zero GHG emissions requires additional
removal of CO2 to counterbalance emissions of other GHGs.27 Net-zero GHG emissions would therefore be achieved
when total GHG emissions, measured in CO2 equivalents, are offset by removal of CO2 from the atmosphere.28
Carbon Control Policies
Examples of efforts to control GHG emissions released into the atmosphere include carbon taxation and carbon
emission trading (“cap-and-trade”) programs. A carbon tax directly sets a price per unit of emissions, requiring
companies to pay a fee based on the amount of greenhouse gases they emit.29 The price is usually expressed as a
monetary unit per ton of CO2 equivalent.30
21 Id.
22 Id.
23 Jonathan D. Haskett, U.S. Congressional Research Service (CRS), Climate Change: What Are Net-Zero Emissions?, 1 (Sep. 4,
2024), available at https://www.congress.gov/crs_external_products/IF/PDF/IF12753/IF12753.2.pdf (last visited Feb. 2,
2026).
24 Id.
25 Id.
26 Id.
27 Id.
28 Haskett, Climate Change: What Are Net-Zero Emissions?, supra note 23 at 1.
29 Noah Kaufman, World Research Institute, Carbon Tax vs. Cap-and-Trade: What’s a Better Policy to Cut Emissions, (Mar. 1,
2016) https://www.wri.org/insights/carbon-tax-vs-cap-and-trade-whats-better-policy-cut-emissions (last visited Feb. 2,
2026).
30 World Bank Group, State and Trends of Carbon Pricing, 15 (2024), available at
https://openknowledge.worldbank.org/entities/publication/b0d66765-299c-4fb8-921f-61f6bb979087 (last visited Feb. 2,
2026).
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In a cap-and-trade system, a governmental entity or other authority sets an emissions cap and issues a fixed
quantity of emission allowances.31 Covered entities must hold sufficient allowances to account for the greenhouse
emissions they produce. These entities can buy and sell allowances from each other based on their need. This
supply and demand dynamic establishes a market price for carbon.32 Cap-and-trade programs have been
implemented in several U.S. jurisdictions.33 For example, the Regional Greenhouse Gas Initiative is a cooperative
effort among several participating U.S. states to cap and reduce power sector CO2 emissions.34 The initiative
establishes a regional CO2 emissions cap, implemented through individual state CO2 budget trading programs, and
requires regulated fossil-fuel-fired power plants to hold allowances equal to their emissions. Allowances are
distributed through quarterly regional auctions, with proceeds used by states to support energy efficiency,
renewable energy, and other consumer benefit programs.35
There are 75 carbon tax and emissions trading schemes in operation worldwide, covering approximately 24
percent of global emissions.36
Environmental Regulations
Federal Activity Regulating Greenhouse Gas
The U.S. Congress originally passed the Clean Air Act (CAA) in 1970 to protect public health and welfare by
requiring the U.S. Environmental Protection Agency (EPA) to establish national ambient air quality standards for
certain common and widespread pollutants.37 Under the CAA, the EPA has set air quality standards for six common
pollutants: particulate matter (also known as particle pollution), ozone, sulfur dioxide, nitrogen dioxide, carbon
monoxide, and lead.38 The CAA requires states to adopt enforceable plans to achieve and maintain air quality
meeting the air quality standards.39
In 2009, the EPA issued a final order finding that then-current and projected concentrations of six GHGs—carbon
dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and
sulfur hexafluoride (SF6)—in the atmosphere threaten the public health and welfare.40 The EPA also found that the
combined emissions of these GHGs from new motor vehicles and new motor vehicle engines contribute to the GHG
pollution that threatens public health and welfare.41 On August 1, 2025, the EPA issued a proposed rule rescinding
the 2009 findings, with a proposed finding that the CAA “does not authorize the EPA to prescribe emission
31 Michigan State University (MSU), State Cap-and-Trade Programs, 2 (Nov. 2023), available at
https://www.canr.msu.edu/fccp/Uploads/Files/2b.%20Cap%20and%20Trade_FINAL_v2.pdf (last visited Feb. 2, 2026). See,
e.g., EPA, What is Emissions Trading?, https://www.epa.gov/emissions-trading/what-emissions-trading (last visited Feb. 2,
2026).
32 Id.
33 States with cap-and-trade programs include California, Oregon, Washington, and those states participating in the Regional
Greenhouse Gas Initiative, namely Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New
York, Rhode Island, and Vermont. MSU, State Cap-and-Trade Programs, supra note 31, at 7-13.
34 Regional Greenhouse Gas Initiative (RGGI), Elements of RGGI, https://www.rggi.org/program-overview-and-
design/elements (last visited Feb. 2, 2026). Participating states include Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont. Id.
35 Id.
36 World Bank Group, State and Trends of Carbon Pricing, supra note 30, at 9, 18, 22.
37 EPA, Clean Air Act Requirements and History, https://www.epa.gov/clean-air-act-overview/clean-air-act-requirements-and-
history (last visited Feb. 2, 2026).
38 Id.
39 Id.
40 EPA, Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act,
https://www.epa.gov/climate-change/endangerment-and-cause-or-contribute-findings-greenhouse-gases-under-section-
202a (last visited Feb. 2, 2026).
41 Id.
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standards to address global climate change concerns” and, on that basis, proposed repealing all GHG emissions
standards for vehicles.42
Florida Energy and Climate Regulations
Florida’s state energy policy is to ensure an adequate, reliable, and cost-effective supply of energy for the state in a
manner that promotes the health and welfare of the public and economic growth.43 The Legislature intends that
governance of the state’s energy policy be efficiently directed toward achieving this purpose.44 The state’s energy
policy is guided by the following goals:
Ensuring a cost-effective and affordable energy supply.
Ensuring adequate supply and capacity.
Ensuring a secure, resilient, and reliable energy supply, with an emphasis on a diverse supply of domestic
energy resources.
Protecting public safety.
Protecting the state’s natural resources, including its coastlines, tributaries, and waterways.
Supporting economic growth.45
In furtherance of these goals, it is the policy of the state to:
Promote the cost-effective development and use of a diverse supply of domestic energy resources in the
state and discourage energy waste.
Promote the cost-effective development and maintenance of energy infrastructure that is resilient to
natural and manmade threats to the security and reliability of the state’s energy supply.
Reduce reliance on foreign energy resources.
Include energy reliability and security considerations in all state, regional, and local planning.
Utilize and manage effectively energy resources used within state agencies.
Encourage local governments to include energy considerations in all planning and to support their work in
promoting energy management programs.
Include the full participation of citizens in the development and implementation of energy programs.
Consider in its decisions the energy needs of each economic sector, including residential, industrial,
commercial, agricultural, and governmental uses, and reduce those needs whenever possible.
Promote energy education and the public dissemination of information on energy and its impacts in
relation to the state’s energy goals.
Encourage the research, development, demonstration, and application of domestic energy resources,
including the use of renewable energy resources.
Consider the impacts of energy-related activities on the state’s energy goals, including the whole-life-cycle
impacts of any potential energy use choices, so that detrimental effects of these activities are understood
and minimized.
Develop and maintain energy emergency preparedness plans to minimize the effects of an energy shortage
within this state.46
Florida law includes a number of provisions addressing matters related to global climate change, greenhouse
gases, and carbon offset programs. For example:
Florida law preempts the authority of local governments to adopt policies aimed at restricting the ability of
certain utility and energy entities to choose the types and fuel sources of energy production which may be
used or supplied.47 However, while a local government’s ability to restrict others is preempted, Florida law
42 EPA, Reconsideration of 2009 Endangerment Finding and Greenhouse Gas Vehicle Standards, 90 Fed. Reg. 146, Aug. 1, 2025,
available at https://www.govinfo.gov/content/pkg/FR-2025-08-01/pdf/2025-14572.pdf (last visited Feb. 2, 2026).
43 S. 377.701(1), F.S.
44 Id.
45 S. 377.601(2), F.S.
46 Id.
47 S. 366.032, F.S.
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does not prevent a municipality or governmental entity which owns or operates and directly controls an
electric or natural gas utility from passing rules, regulations, or policies governing the utility.48
The Executive Office of the Governor may, in the state comprehensive plan, include goals, objectives, and
policies related to global climate change.49
The Division of State Lands,50 in its annual work plan, must consider as a category for land conservation
expenditures a climate-change category list of lands where acquisition or other conservation measures will
address the challenges of global climate change, such as through protection, restoration, mitigation, and
strengthening of Florida's land, water, and coastal resources.51 This category includes lands that provide
opportunities to sequester carbon, provide habitat, protect coastal lands or barrier islands, and otherwise
mitigate and help adapt to the effects of sea-level rise and meet other objectives of the program.52
The Board of Trustees of the Internal Improvement Trust Fund53 must adopt rules that pertain to the use of
state lands for carbon sequestration, carbon mitigation, or carbon offsets and that provide for climate-
change-related benefits.54
Florida – Local Green Initiatives and Sustainability Plans
Some local governments in Florida have adopted plans aimed at reducing GHG emissions. For example:
Leon County has adopted an Integrated Sustainability Action Plan with the goal of reducing “harmful GHG
emissions stemming from [c]ounty operations that contribute to changing climate,” with a target of
achieving 30 percent reduction by 2030 from a 2015 baseline, primarily through energy efficiency in
county buildings, fleet electrification and fuel efficiency, waste reduction, sustainable purchasing, and
public education on energy efficiency.55
The City of Doral’s Citywide Integrated Sustainability Plan sets a goal of reducing GHG emissions by 10-15
percent by 2050 through preserving greenspaces, enhancing public transportation, and creating energy
efficiency standards for buildings, transportation, and infrastructure.56
Alachua County’s Climate Action Plan includes a goal to reduce GHG emissions by 80 percent by 2050, from
a 2009 baseline, with objectives targeting energy efficiency in private as well as county government
buildings, renewable energy generation, education and public information, and intergovernmental and
community collaboration.57
Other climate action plans are the product of collaborations between city, county, and non-profit entities. For
example, the Southeast Florida Regional Climate Change Compact (SFRCCC) is led by Broward, Miami-Dade,
Monroe, and Palm Beach Counties, in partnership with various stakeholders, including a climate-focused non-
48 S. 366.032(3), F.S.
49 S. 186.007(3), F.S.
50 The Florida Department of Environmental Protection’s (FDEP) Division of State Lands is Florida’s lead agency for
environmental management and stewardship, administers the state’s land acquisition program Florida Forever, and serves as
staff to the Governor and Cabinet as they act in their role as the Board of Trustees of the Internal Improvement Trust Fund. See
FDEP, Division of State Lands, https://floridadep.gov/lands (last visited Feb. 2, 2026); S. 216.0153, F.S.
51 S. 259.105(17)(d), F.S.
52 Id.
53 The Internal Improvement Trust Fund is a fund into which is deposited revenues from the sale, use, or lease of state lands,
and is to be used for the acquisition, management, administration, protection, and conservation of state-owned lands. S.
253.01, F.S.
54 S. 259.105(5)(c), F.S.
55 Leon County, Integrated Sustainability Action Plan, 5-24 (April 2019), available at
https://cms.leoncountyfl.gov/Portals/0/DeptFiles/Sustain/Docs/isap.pdf (last visited Feb. 2, 2026).
56 City of Doral, Resolution No. 24-222, Ex. A (July 2024), available at https://www.cityofdoral.com/files/assets/city/v/1/city-
hall/city-clerk/resolutions-archived/2024/res.-no.-24-222-adoption-citywide-integrated-sustainability-plan-cisp.pdf (last
visited Feb. 2, 2026).
57 Alachua County, Alachua County Climate Action Plan, 2-3, 15-189 (2025), available at
https://www.alachuacounty.us/Depts/epd/Documents/ADACompliant/Alachua-County-Climate-Action-
Plan_Final_29Oct25.pdf (last visited Feb. 2, 2026).
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profit58 and certain planning councils, chambers of commerce, economic councils, and private companies.59 SFRCCC
adopted the Southeast Florida Priority Climate Action Plan, a regional GHG reduction plan establishing GHG
emission reduction targets for participating counties and outlining strategies to achieve those targets.60 These
strategies include transitioning government fleets to electric alternatives, including work trucks, buses, and refuse
vehicles; expanding publicly available electric vehicle charging infrastructure; increasing public transit ridership;
leveraging existing residential programs that reduce greenhouse gas emissions through building improvements;
promoting commercial equipment and building upgrades; and diverting organic waste from landfills, among other
measures.61 The plan is funded in part by the EPA’s Climate Pollution Reduction Grants program, which in turn was
funded by the Inflation Reduction Act passed by the U.S. Congress in 2022.62
International Climate Agreements
One example of an international agreement establishing goals for global temperature stabilization is the Paris
Agreement. The Paris Agreement is an international treaty with a stated goal of strengthening the global response
to the threat of climate change through a number of efforts, including the reduction of GHG emissions.63 The Paris
Agreement’s goal is to hold the increase in the global average temperature to well below 2 degrees Celsius above
pre-industrial levels and pursue efforts to limit the temperature increase to 1.5 degrees Celsius above pre-
industrial levels.64 The Agreement does not include mandatory targets or timetables for parties to reduce their
emissions. Instead, parties to the Agreement submit nationally determined contributions (NDCs) every five years
and pursue mitigation measures with the aim of achieving the objectives of such contributions.65
The Paris Agreement was adopted by 195 parties at the United Nations Climate Change Conference in Paris on
December 12, 2015, and took effect on November 4, 2016.66 The U.S. joined the Paris Agreement in September
201667 but subsequently withdrew.68
58 The Institute for Sustainable Communities (ISC) is a non-profit partner of the SFRCCC, and its stated mission is “to develop
practical, lasting solutions that build climate-resilient communities in the U.S. and across the world.” ISC, About Us,
https://sustain.org/about-us/ (last visited Feb. 2, 2026).
59 SFRCC, Partners, https://southeastfloridaclimatecompact.org/partners/ (last visited Feb. 2, 2026).
60 SFRCC, Southeast Florida Priority Climate Action Plan, (March 2024), available at
https://southeastfloridaclimatecompact.org/wp-content/uploads/2024/03/Southeast-Florida-Priority-Climate-Action-
Plan_FinaL2024.pdf (last visited Feb. 2, 2026).
61 Id. at 27-46.
62 See id. at page v; Inflation Reduction Act of 2022, Pub. L. 117-169, 136 Stat. 1818 (Aug. 16, 2022).
63 Paris Agreement to the United Nations Framework Convention on Climate Change (UNFCCC), art. 2 (Dec. 12, 2015),
available at https://unfccc.int/sites/default/files/english_paris_agreement.pdf (last visited Feb. 2, 2026). The Paris Agreement
is part of the UNFCCC, a framework established in 1992 for coordinated global action “to combat climate change and its impact
on humanity and ecosystems.” UN Climate Change (UNCC), The Convention, https://unfccc.int/resource/bigpicture/ (last
visited Feb. 2, 2026).
64 UNFCCC Paris Agreement, supra note 63, at art. 2.1.
65 Id. at 4.2, 4.9. The United States, during its participation in the Paris Agreement, established an NDC with an economy-wide
target of reducing its net greenhouse gas emissions by 61-66 percent below 2005 levels in 2035. See UNFCCC, The United
States of America—Nationally Determined Contribution, 2 (2024), available at https://unfccc.int/sites/default/files/2024-
12/United%20States%202035%20NDC.pdf (last visited Feb. 2, 2026).
66 See UNCC, The Paris Agreement, https://unfccc.int/process-and-meetings/the-paris-agreement (last visited Feb. 2, 2026).
67 UN Treaty Collection, Chapter XXVII: Environment, 7.d, Paris Agreement (Sept. 3, 2016), available at
https://treaties.un.org/doc/Publication/CN/2016/CN.612.2016-Eng.pdf (last visited Feb. 2, 2026).
68 On November 4, 2019, the U.S. formally notified the UN Secretary General of its withdrawal. Michael, R. Pompeo, U.S.
Secretary of State, On the U.S. Withdrawal from the Paris Agreement, Nov. 4, 2019, available at https://2017-2021.state.gov/on-
the-u-s-withdrawal-from-the-paris-agreement/ (last visited Feb. 2, 2026). The U.S. rejoined the Agreement on February 19,
2021. Antony J. Blinken, U.S. Secretary of State, The United States Officially Rejoins the Paris Agreement, https://2021-
2025.state.gov/the-united-states-officially-rejoins-the-paris-agreement/ (last visited Feb. 2, 2026). On January 20, 2025,
President Donald J. Trump issued an executive order directing the withdrawal from the Agreement. Putting America First in
International Environmental Agreements, 90 Fed. Reg. 8455 (Jan. 20, 2025), also available at
https://www.whitehouse.gov/presidential-actions/2025/01/putting-america-first-in-international-environmental-
agreements/ (last visited Feb. 2, 2026).
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BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure Keating Rubottom
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee
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11
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1217 2026
1 A bill to be entitled
2 An act relating to prohibited governmental policies
3 regulating greenhouse gas emissions; creating s.
4 377.816, F.S.; providing legislative findings;
5 providing definitions; prohibiting governmental
6 entities from adopting certain net zero policies;
7 prohibiting governmental entities from using
8 government funds in any manner that supports,
9 implements, or advances certain net zero policies;
10 prohibiting governmental entities from imposing a tax,
11 fee, penalty, charge, offset, or assessment to advance
12 certain net zero policies; requiring each governmental
13 entity to annually submit to the Department of Revenue
14 a certain affidavit; prohibiting governmental entities
15 from implementing, administering, or enforcing certain
16 programs; providing applicability; amending ss.
17 125.01, 166.021, and 166.201, F.S.; conforming
18 provisions to changes made by the act; providing an
19 effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 377.816, Florida Statutes, is created
24 to read:
25 377.816 Prohibiting the adoption or implementation of net
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26 zero policies by governmental entities.—
27 (1)(a) The Legislature finds that net zero policies,
28 carbon taxes and assessments, and carbon emission trading
29 programs, commonly known as "cap-and-tax" or "cap-and-trade"
30 programs, are detrimental to this state's energy security and
31 economic interests.
32 (b) It is the policy of this state to adopt and promote
33 energy policy goals consistent with the energy policy of this
34 state, as set forth in s. 377.601, and to prohibit the adoption
35 or implementation of net zero policies by a governmental entity,
36 including through government expenditures, taxes, assessments,
37 or trading programs.
38 (2) As used in this section:
39 (a) "Business activity" means any activity, or series of
40 activities, that:
41 1. Involves the emission of a greenhouse gas, or a
42 combination thereof.
43 2. Forms a single undertaking or enterprise, taking into
44 account any relevant circumstances.
45 (b) "Carbon-intensive activity" means any business
46 activity, or any other activity performed by any individual,
47 which supports:
48 1. The movement of individuals or goods through common
49 methods of transportation, including automobiles, commercial
50 vehicles, freight haulers, aircraft, vessels, pipelines,
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51 delivery devices, and other similar transportation methods. This
52 includes the use of energy resources to power or operate such
53 transportation methods.
54 2. The creation or transmission of energy resources for
55 the following commercial and residential uses: electricity;
56 manufacturing; the sustainment of human life, including, but not
57 limited to, refrigeration and cooling in enclosed or partially
58 enclosed spaces; waste management; and the operation of
59 manufacturing of appliances for human use.
60 3. The performance of activities to support the production
61 of any carbon-intensive product, including, but not limited to,
62 farming, agriculture, hunting and gathering, or the taking of
63 fish and wildlife to sustain human life.
64 4. The use of traditional authorized methods to take fish
65 and wildlife resources.
66 5. The mining, exploration, or manufacturing of products
67 to support the continued livelihood of mankind.
68 (c) "Carbon-intensive product" means any of the following
69 products, including any product containing a component thereof:
70 1. A product containing iron; steel; steel mill,
71 including, but not limited to, pipes and tubes; aluminum;
72 cement; glass, including, but not limited to, flat, container,
73 or specialty glass, or fiberglass; oil; minerals; metals; pulp;
74 and paper.
75 2. Any agricultural commodity or product, whether raw or
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76 processed, including any commodity or product derived from
77 livestock that is marketed in the United States for human or
78 animal consumption. This includes agricultural, aquacultural,
79 horticultural, viticultural, and dairy products; livestock and
80 the products thereof; the products of poultry and bee raising;
81 the edible products of forestry; and all products raised or
82 produced on farms, and processed or manufactured products
83 thereof, transported or intended to be transported in interstate
84 or foreign commerce.
85 (d) "Emissions" means greenhouse gases released, by any
86 individual or entity, into the atmosphere or air.
87 (e) "Governmental entity" means:
88 1. The state, and any political subdivision thereof,
89 including the executive, legislative, and judicial branches of
90 state government.
91 2. A county; a municipality; a special district, including
92 an independent community development district, a neighborhood
93 improvement district, and an independent special district; and
94 any authority, board, or commission of such governmental
95 entities.
96 3. A state agency, a county agency, or any other entity,
97 however styled, that independently exercises any type of state
98 or local governmental function, that is subject to this chapter.
99 (f) "Government funds" means:
100 1. State funds pursuant to s. 215.31, and any other moneys
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101 of the state.
102 2. Funds of the judicial branch, including any moneys of
103 all officers, employees, and offices of the Supreme Court,
104 district courts of appeal, circuit courts, county courts, and
105 the Judicial Qualifications Commission.
106 3. Local government funds, including any moneys of a
107 county, municipality, school district, special district, and any
108 other political subdivision, including a consolidated
109 government, metropolitan government, town, and village.
110 4. Funds of public officials and constitutional officers.
111 5. State university or Florida College System institution
112 funds.
113 6. Funds of any agency, board, bureau, commission, or
114 institution of any of the foregoing.
115 (g) "Greenhouse gases" means:
116 1. Carbon dioxide.
117 2. Methane.
118 3. Nitrous oxide.
119 4. Hydrofluorocarbons.
120 5. Perfluorocarbons.
121 6. Sulphur hexafluoride.
122 7. Nitrogen trifluoride.
123 (h) "Net zero policies" means any target, threshold,
124 initiative, action, framework, requirement, or policy associated
125 with reducing the use of carbon-intensive products or
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126 activities, including a requirement imposed by a governmental
127 entity that requires:
128 1. The governmental entity to meet a statewide, regional,
129 or geographically specific reduction in greenhouse gas emissions
130 in an amount equal to zero, or when annual anthropogenic
131 emissions of greenhouse gases into the atmosphere are balanced
132 by removal over a specific period of time.
133 2. An individual or business activity, including any
134 carbon-intensive activity, to:
135 a. Meet a specific reduction in greenhouse gas emissions
136 in an amount equal to zero, or when annual anthropogenic
137 emissions of greenhouse gases into the atmosphere are balanced
138 by removal over a specific period of time.
139 b. Meet any goal of the Paris Agreement, defined as the
140 resolution adopted by the United Nations Framework Convention on
141 Climate Change's 21st Conference of Parties in Paris, France, or
142 any similar initiative adopted by the Federal Government or any
143 geopolitical organization affiliated with the World Bank or
144 World Economic Forum.
145 c. Support the goal of any regional governing authority or
146 multistate entity that commits to a reduction in greenhouse gas
147 emissions in an amount equal to zero, or when annual
148 anthropogenic emissions of greenhouse gases into the atmosphere
149 are balanced by removal over a specific period of time.
150 d. Restrict any carbon-intensive activity of any
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151 individual or business that would otherwise not be restricted
152 for the sole purpose of meeting net zero policies; however, this
153 sub-subparagraph does not legalize any activity that would
154 otherwise be considered illegal activity.
155 e. Prohibit the use, sale, purchase, or exchange of any
156 carbon-intensive product or carbon for the sole purpose of
157 meeting net zero policies; however, this sub-subparagraph does
158 not legalize any activity that would otherwise be considered
159 illegal activity.
160 (3) A governmental entity may not adopt, or require any
161 individual to adopt, net zero policies. This prohibition
162 includes, but is not limited to, references to, or the inclusion
163 of, such policies in comprehensive plans, land development
164 regulations, transportation plans, or any published or adopted
165 government policy, program, or procedure.
166 (4) A governmental entity may not use government funds in
167 any manner that supports, implements, or advances net zero
168 policies, including, but not limited to:
169 (a) Providing procurement or purchasing preferences for
170 products that are not carbon-intensive products.
171 (b) Providing purchasing preferences for passenger
172 vehicles, commercial vehicles, or heavy equipment based solely
173 on the fuel source.
174 (c) Using government funds to pay dues for any
175 nongovernmental agency or organization, including any trade
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176 association or organization, that adopts or supports net zero
177 policies.
178 (5)(a) A governmental entity may not impose a tax, fee,
179 penalty, charge, offset, or assessment to advance net zero
180 policies, including, but not limited to:
181 1. The carbon content of a fuel;
182 2. The emission of greenhouse gases that results from the
183 use, production, or consumption of any good or service;
184 3. Any carbon-intensive activity; or
185 4. The use, sale, purchase, or exchange of any carbon-
186 intensive product or carbon-intensive activity.
187 (b) Each governmental entity shall annually submit to the
188 Department of Revenue an affidavit, signed under penalty of
189 perjury by an authorized official of the governmental entity,
190 attesting to compliance with this paragraph (a).
191 (6) A governmental entity may not implement, administer,
192 or enforce any program that has the effect of:
193 (a) Establishing a statewide, regional, or geographic
194 limit or cap on the amount of greenhouse gas emissions that
195 results from the use, production, or consumption of any carbon-
196 intensive product or carbon-intensive activity.
197 (b) Providing for the allocation, auction, or transfer of
198 emissions allowances or credits among pollutant sources as a
199 means of compliance with greenhouse gas emission limits.
200 (c) Requiring a governmental entity or any individual in
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201 this state to participate in an emissions trading program.
202 (7) This section applies to any proposed action by a
203 governmental entity on or after July 1, 2026, that is not
204 otherwise permissible by general law.
205 Section 2. Paragraphs (g), (h), and (r) of subsection (1)
206 of section 125.01, Florida Statutes, are amended to read:
207 125.01 Powers and duties.—
208 (1) The legislative and governing body of a county shall
209 have the power to carry on county government. To the extent not
210 inconsistent with general or special law, this power includes,
211 but is not restricted to, the power to:
212 (g) Prepare and enforce comprehensive plans for the
213 development of the county, to the extent such plans do not
214 contain the prohibitions in s. 377.816.
215 (h) Establish, coordinate, and enforce zoning and such
216 business regulations as are necessary for the protection of the
217 public, to the extent such zoning and business regulations do
218 not include the prohibitions in s. 377.816.
219 (r) Levy and collect taxes, both for county purposes and
220 for the providing of municipal services within any municipal
221 service taxing unit, and special assessments; borrow and expend
222 money; and issue bonds, revenue certificates, and other
223 obligations of indebtedness, excluding the prohibitions in s.
224 377.816, which power shall be exercised in such manner, and
225 subject to such limitations, as may be provided by general law.
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226 A There shall be no referendum is not required for the levy by a
227 county of ad valorem taxes, both for county purposes and for the
228 providing of municipal services within any municipal service
229 taxing unit.
230 1. Notwithstanding any other provision of law, a county
231 may not levy special assessments on lands classified as
232 agricultural lands under s. 193.461 unless the revenue from such
233 assessments has been pledged for debt service and is necessary
234 to meet obligations of bonds or certificates issued by the
235 county which remain outstanding on July 1, 2023, including
236 refundings thereof for debt service savings where the maturity
237 of the debt is not extended. For bonds or certificates issued
238 after July 1, 2023, special assessments securing such bonds may
239 not be levied on lands classified as agricultural under s.
240 193.461.
241 2. The provisions of Subparagraph 1. does do not apply to
242 residential structures and their curtilage.
243 Section 3. Subsection (2) of section 166.021, Florida
244 Statutes, is amended to read:
245 166.021 Powers.—
246 (2) "Municipal purpose" means any activity or power which
247 may be exercised by the state or its political subdivisions. The
248 term does not include any activity or power exercised relating
249 to the prohibitions in s. 377.816.
250 Section 4. Section 166.201, Florida Statutes, is amended
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251 to read:
252 166.201 Taxes and charges.—Subject to the prohibitions in
253 s. 377.816, a municipality may raise, by taxation and licenses
254 authorized by the constitution or general law, or by user
255 charges or fees authorized by ordinance, amounts of money which
256 are necessary for the conduct of municipal government and may
257 enforce their receipt and collection in the manner prescribed by
258 ordinance not inconsistent with law.
259 Section 5. This act shall take effect July 1, 2026.
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HB 1323
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1323 COMPANION BILL: SB 1310 (Rodriguez)
TITLE: Railroad Crossing Safety LINKED BILLS: None
SPONSOR(S): Tuck RELATED BILLS: None
Committee References
Economic Infrastructure Transportation & Economic Commerce
Development Budget
SUMMARY
Effect of the Bill:
The bill requires railroad crossings constructed after July 1, 2026, to include advanced detection and monitoring
systems and defines the requirements for such systems. The bill also requires existing railroad crossings to
incorporate these systems during upgrades or significant modifications. The bill directs the Florida Department of
Transportation to develop and assist in implementing standards for deployment of these systems and to identify
priority crossings for immediate upgrades or significant modifications. The bill requires periodic reports on the
performance and effectiveness of these systems.
Fiscal or Economic Impact:
The bill appears to have an indeterminate negative impact on state and local government expenditures associated
with purchasing, installing, and maintaining the required advanced detection and monitoring systems.
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ANALYSIS
EFFECT OF THE BILL:
The bill provides legislative findings that:
Improving safety at railroad crossings is critical to protecting the lives of pedestrians, motorists, and
railway workers.
Advanced detection and monitoring systems utilizing cutting-edge technology provide a reliable and
effective means to prevent collisions and enhance situational awareness.
The Legislature intends to minimize accidents, save lives, and promote public safety by requiring railroad
crossings to include or integrate advanced detection and monitoring systems. (Section 1)
The bill requires railroad crossings constructed after July 1, 2026, to include advanced detection and monitoring
systems capable of providing hazard assessment1, generating real-time alerts2, and capability to integrate with
existing and future railroad protocols, including positive train control systems. As defined in the bill, an advanced
detection and monitoring system is a system capable of detecting and classifying objects such as pedestrians,
vehicles, and wildlife at railroad crossings and their approaches using technologies such as LiDAR sensors, high-
resolution cameras, and artificial intelligence-driven analytics. (Section 1)
1 The bill defines “hazard assessment” to mean the process of analyzing detected objects to determine whether a safety risk
exists based on predefined criteria.
2 The bill defines “real-time alerts” to mean automated notifications generated to warn train crews, operations centers, or
other stakeholders of safety hazards.
STORAGE NAME: h1323.EIS
DATE: 2/2/2026
1
HB 1323
The bill also requires that any upgrade or significant modification to an existing railroad crossing after July 1, 2026,
must integrate an advanced detection and monitoring system. (Section 1)
The bill directs the Florida Department of Transportation (FDOT) to:
Develop standards for employing advanced detection and monitoring systems at railroad crossings.
Identify priority existing railroad crossings for immediate upgrades based on risk assessments and traffic
volume.
Provide technical assistance to rail operators in implementing advanced detection systems. (Section 1)
The bill authorizes funding assistance for the implementation of advanced detection and monitoring systems
through grants, state infrastructure funds, or public-private partnerships. The bill further provides that rail
operators who install advanced detection and monitoring systems at priority existing railroad crossings may
qualify for a tax credit or other financial incentive, though the bill does not create any such credit or incentive or
specify an existing credit or incentive mechanism that may apply. (Section 1)
The bill requires rail operators to provide an annual report to FDOT detailing the performance of these advanced
detection and monitoring systems beginning July 1, 2027. Beginning July 1, 2028, FDOT must evaluate the
effectiveness of these systems for railroad safety and provide a report every other year to the Governor, the
President of the Senate, and the Speaker of the House of Representatives. (Section 1)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill appears to have an indeterminate negative impact on state government expenditures associated with
purchasing, installing, and maintaining the required advanced detection and monitoring systems.
LOCAL GOVERNMENT:
The bill appears to have an indeterminate negative impact on local government expenditures associated with
purchasing, installing, and maintaining the required advanced detection and monitoring systems.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Department of Transportation (FDOT)
FDOT’s mission is to provide a safe statewide transportation system that promotes the efficient movement of
people and goods, supports the state’s economic competitiveness, prioritizes Florida’s environment and natural
resources, and preserves the quality of life and connectedness of the state’s communities.3
Florida Rail Safety Coalition
The Florida Rail Safety Coalition (FRSC) was established by FDOT in 2024 to enhance public rail safety across the
state. FRSC consists of rail industry partners at local, state, and federal levels, including but not limited to subject
matter experts and FDOT team members.4 Driver and pedestrian behavior was determined to be the most critical
and urgent rail safety issue by FRSC at its formation.5 In response, FRSC and FDOT have started campaigns such as
3 FDOT, About DOT, https://www.fdot.gov/agencyresources/aboutfdot.shtm (last visited Jan. 28, 2026).
4 FDOT, Florida Rail Safety Coalition, https://www.fdot.gov/rail/programs/florida-rail-safety-coalition (last visited Jan. 29,
2026).
5 FDOT, Florida Rail Safety Coalition Presentation, https://fdotwww.blob.core.windows.net/sitefinity/docs/default-
source/rail/programs/florida-rail-safety-coalition/frsc-presentation_2024-11-14.pdf?sfvrsn=d9e88546_1 (last visited Jan. 29,
2026).
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the Be Rail Smart initiative, which focuses on accident prevention and educating the public about rail crossing
safety awareness and proper procedure.6 According to data gathered by FDOT, 88% of Highway-Rail Grade
Crossing accidents between 2013-2022 involved stopping on the crossing, going around gates, not stopping,
stopping then proceeding, or going through gates.7 A large portion of the Be Rail Smart initiative focuses on
teaching citizens to avoid these preventable behaviors.
Positive Train Control Systems
Positive Train Control (PTC) systems are designed to prevent train-to-train collisions, over-speed derailments,
incursions into established work zones, and movement of trains through switches left in the wrong position.8 PTCs
utilize computer technology to actively prevent rail accidents before they happen.9 Some features of these systems
include the prevention of radio message interference between trains10 and failsafe measures to remotely stop
trains prior to collision.11 On December 29, 2020, the Federal Railroad Administration announced that PTC
technology is in operation on all 41 railroads currently subject to the Rail Safety Improvement Act of 2008.12
AI Analytics & High-Resolution Cameras
The use of artificial intelligence and data analytics in railway safety is creating new possibilities for proactive and
predictive safety management, as opposed to traditional reactive protocols. A Deloitte 2024 study found that AI-
enabled predictive maintenance can reduce accident risks by up to 25% while potentially saving millions in
operational costs annually.13 AI algorithms can analyze data provided by high-resolution sensors and cameras to
forecast equipment failures before they occur.14 Analytics models can also help railway managers prioritize safety
investment in high-risk areas and increase response times in comparison to manual oversight alone.15
LiDAR Sensors
LiDAR, which stands for Light Detection and Ranging, is a remote sensing method that uses light in the form of a
pulse laser to measure ranges of the Earth.16 This information generates precise, three-dimensional information
about the shape of the Earth and its surface characteristics.17 These sensors are an innovative method of collecting
geospatial data identifying the geographic location and characteristics of natural or manmade features on Earth.18
6 FDOT, Be Rail Smart, https://www.fdot.gov/agencyresources/be-rail-smart/ (last visited Jan. 29, 2026).
7 FDOT, Florida Rail Safety Coalition, https://www.fdot.gov/rail/programs/florida-rail-safety-coalition (last visited Jan. 29,
2026).
8 Federal Railroad Administration, Positive Train Control (PTC): Overview, https://railroads.dot.gov/research-
development/program-areas/train-control/ptc/positive-train-control-ptc (last visited Feb. 2, 2026).
9 Id.
10 Federal Railroad Administration, Positive Train Control (PTC): Incremental Train Control System,
https://railroads.dot.gov/research-development/program-areas/train-control/ptc/positive-train-control-ptc (last visited
Feb. 2, 2026).
11 Federal Railroad Administration, Positive Train Control (PTC): Positive Train Control (PTC) Development,
https://railroads.dot.gov/research-development/program-areas/train-control/ptc/positive-train-control-ptc (last visited
Feb. 2, 2026).
12 Federal Railroad Administration, Positive Train Control (PTC): Overview, https://railroads.dot.gov/research-
development/program-areas/train-control/ptc/positive-train-control-ptc (last visited Feb. 2, 2026).
13 Railway Academy, How AI and Data Analytics are Redefining Safety in Rail Operations, https://railwayacademy.org/how-ai-
and-data-analytics-are-redefining-safety-in-rail-operations/ (last visited Feb. 2, 2026).
14 Id.
15 Id.
16 Florida Geographic Information Office, LiDAR Resources, https://www.floridagio.gov/pages/lidar-resources (last visited Jan.
29, 2026).
17 Id.
18 Advanced Navigation, Geospatial Data, https://www.advancednavigation.com/glossary/geospatial-data/ (last visited Jan.
29, 2026).
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HB 1323
This data is tied to specific coordinates such as latitude, longitude, and altitude, allowing for analysis of spatial
patterns, relationships, and trends.19
Public-private Partnerships
Public-private partnerships (P3s) are contractual arrangements between public entities and private sector
entities20 that facilitate increased private sector involvement in the funding and execution of public building and
infrastructure projects.21 These agreements enable the collaboration of skills and assets from both public and
private sectors to provide services or facilities for the benefit of the general public.
Responsible public entities (RPEs)22 may engage in P3 projects aimed at developing an extensive array of public-
use facilities or projects that fulfill a public purpose. Examples of qualifying projects23 include those for mass
transit, vehicle parking, airports or seaports, educational facilities, and public sector buildings or complexes such
as courthouses or city halls. RPEs must adhere to specific requirements, including protocols for reviewing and
approving proposals
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IEconomic Infrastructure Keating Dallas
Subcommittee
Transportation & Economic
Development Budget
Subcommittee
Commerce Committee
19 Id.
20 “Private entity” means any natural person, corporation, general partnership, limited liability company, limited partnership,
joint venture, business trust, public benefit corporation, nonprofit entity, or other private business entity. S. 255.065(1)(g), F.S.
21 S. 255.065(2)(b), F.S.
22 “Responsible public entity” means a county, municipality, school district, special district, or any other political subdivision of
the state; a public body corporate and politic; or a regional entity that serves a public purpose and is authorized to develop or
operate a qualifying project. S. 255.065(1)(j), F.S.
23 “Qualifying project” means a facility or project that serves a public purpose; an improvement, including equipment, of a
building that will be principally used by a public entity or the public at large or that supports a service delivery system in the
public sector; a water, wastewater, or surface water management facility or other related infrastructure; or projects that
involve a facility owned or operated by the governing board of a county, district, or municipal hospital or health care system,
or projects that involve a facility owned or operated by a municipal electric utility, only those projects that the governing
board designates as qualifying projects. S. 255.065(1)(i), F.S.
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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
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1 A bill to be entitled
2 An act relating to railroad crossing safety; creating
3 s. 351.38, F.S.; providing legislative findings and
4 intent; providing definitions; requiring a railroad
5 crossing constructed after a specified date to include
6 an advanced detection and monitoring system; providing
7 requirements for such system; requiring an existing
8 railroad crossing upgrade or significant modification
9 occurring after a specified date to incorporate such
10 system; requiring the Department of Transportation, in
11 consultation with rail operators and safety experts,
12 to develop certain standards, identify priority
13 existing railroad crossings, and provide technical
14 assistance to rail operators; authorizing funding
15 assistance, tax credits, and other financial
16 incentives; providing reporting requirements;
17 providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 351.38, Florida Statutes, is created to
22 read:
23 351.38 Railroad crossing safety.—
24 (1) The Legislature finds that improving safety at
25 railroad crossings is critical to protecting the lives of
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26 pedestrians, motorists, and railway workers. Advanced detection
27 and monitoring systems utilizing cutting-edge technology, such
28 as LiDAR sensors, high-resolution cameras, and artificial
29 intelligence-driven analytics, provide a reliable and effective
30 means to prevent collisions and enhance situational awareness.
31 The Legislature intends to minimize accidents, save lives, and
32 promote public safety by requiring railroad crossings to include
33 or integrate advanced detection and monitoring systems.
34 (2) As used in this section, the term:
35 (a) "Advanced detection and monitoring system" means a
36 system capable of detecting and classifying objects such as
37 pedestrians, vehicles, and wildlife at railroad crossings and
38 their approaches using technologies such as LiDAR sensors, high-
39 resolution cameras, and artificial intelligence-driven
40 analytics.
41 (b) "Hazard assessment" means the process of analyzing
42 detected objects to determine whether a safety risk exists based
43 on predefined criteria.
44 (c) "Real-time alerts" means automated notifications
45 generated to warn train crews, operations centers, or other
46 stakeholders of safety hazards.
47 (3)(a) A railroad crossing constructed after July 1, 2026,
48 must include an advanced detection and monitoring system capable
49 of:
50 1. Providing hazard assessment.
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51 2. Generating real-time alerts.
52 3. Providing integration capability with existing and
53 future rail operation protocols, including positive train
54 control systems.
55 (b) An upgrade to or a significant modification of an
56 existing railroad crossing occurring after July 1, 2026, must
57 integrate an advanced detection and monitoring system as
58 described in paragraph (a).
59 (4) The Department of Transportation, in consultation with
60 rail operators and safety experts, shall:
61 (a) Develop standards and specifications for the
62 deployment of advanced detection and monitoring systems at
63 railroad crossings.
64 (b) Identify priority existing railroad crossings for
65 immediate upgrades or significant modifications based on risk
66 assessments and traffic volume.
67 (c) Provide technical assistance to rail operators in
68 implementing advanced detection and monitoring systems.
69 (5)(a) Funding assistance for implementing advanced
70 detection and monitoring systems may be provided through grants,
71 state infrastructure funds, or public-private partnerships.
72 (b) Rail operators may qualify for tax credits or other
73 financial incentives for the timely installation of advanced
74 detection and monitoring systems at priority existing railroad
75 crossings.
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hb1323-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1323 2026
76 (6)(a) By July 1, 2027, and annually thereafter, rail
77 operators must provide a report to the Department of
78 Transportation detailing the performance of advanced detection
79 and monitoring systems, including data on hazard assessment and
80 detection, real-time alerts issued, and incidents prevented.
81 (b) By July 1, 2028, and biennially thereafter, the
82 Department of Transportation shall evaluate the effectiveness of
83 the advanced detection and monitoring systems and provide a
84 report to the Governor, the President of the Senate, and the
85 Speaker of the House of Representatives.
86 Section 2. This act shall take effect July 1, 2026.
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hb1323-00
Economic Infrastructure Subcommittee
HB 1323 by Rep. Tuck
Railroad Crossings
AMENDMENT SUMMARY
February 4, 2026
Amendment #132927 by Rep. Tuck (strike-all):
• Removes provisions of the bill that:
o Require newly constructed, upgraded, or significantly modified railroad
crossings to use advanced detection and monitoring systems subject to
standards and specifications set by the Florida Department of
Transportation (FDOT);
o Require FDOT to identify priority crossings for immediate upgrades or
modifications; and
o Provide for specified methods of funding assistance and incentives.
• Directs FDOT to conduct a statewide study on the potential use of advanced
detection and monitoring systems at public railroad-highway grade crossings and
specifies matters that the study must address and entities with which FDOT must
consult.
• Requires FDOT to submit a report of its findings and recommendations to the
Governor, President of the Senate, and Speaker of the House of Representatives
by December 1, 2026.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1323 (2026)
Amendment No.
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Economic Infrastructure
2 Subcommittee
3 Representative Tuck offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Section 351.38, Florida Statutes, is created to
8 read:
9 351.38 Railroad crossing safety technology study.—
10 (1) The Legislature finds that improving safety at
11 railroad crossings is critical to protecting the lives of
12 pedestrians, motorists, railway workers, and the general public.
13 Advanced detection and monitoring systems utilizing technologies
14 such as sensors, high-resolution cameras, and data analytics may
15 provide a reliable means to enhance situational awareness and
16 reduce collisions at railroad crossings. The Legislature further
132927 - h1323-strike.docx
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Page 1 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1323 (2026)
Amendment No.
17 finds that additional analysis is necessary to evaluate the
18 effectiveness, feasibility, costs, and implementation of such
19 systems. It is the intent of the Legislature to direct the
20 Department of Transportation to study these technologies before
21 considering any statewide requirements for their deployment.
22 (2) As used in this section, the term:
23 (a) "Advanced detection and monitoring system" means a
24 system capable of detecting and classifying objects such as
25 pedestrians, vehicles, or other obstructions at or approaching a
26 railroad crossing using technologies including, but not limited
27 to, sensors, high-resolution cameras, and data analytics.
28 (b) "Public railroad-highway grade crossing" has the same
29 meaning as in s. 335.141(1)(b).
30 (3) The Department of Transportation shall conduct a
31 statewide study on the potential use of advanced detection and
32 monitoring systems at public railroad-highway grade crossings in
33 this state. The study must include, but is not limited to, an
34 analysis of:
35 (a) Available and emerging advanced detection and
36 monitoring technologies applicable to railroad crossings.
37 (b) The effectiveness of such technologies in improving
38 safety outcomes, including collision prevention and hazard
39 mitigation, based on available data from pilot programs,
40 deployments in other jurisdictions, or academic research.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1323 (2026)
Amendment No.
41 (c) Technical and operational considerations, including
42 interoperability with existing railroad safety systems and
43 operating protocols.
44 (d) Costs associated with the deployment of advanced
45 detection and monitoring systems, including installation,
46 operation, maintenance, and long-term lifecycle costs.
47 (e) Potential funding mechanisms, including federal funds,
48 state funds, grants, or public-private partnerships.
49 (f) Criteria for identifying higher-risk railroad
50 crossings where such technologies may provide the greatest
51 safety benefit.
52 (g) Legal, regulatory, and operational considerations
53 related to the deployment and oversight of advanced detection
54 and monitoring systems.
55 (h) The respective roles of this state, local governments,
56 and railroad owners in the potential implementation of such
57 systems.
58 (4) In conducting the study, the Department of
59 Transportation shall consult with, as appropriate:
60 (a) Railroad owners and railroad industry representatives.
61 (b) Local governments with jurisdiction over public
62 railroad-highway grade crossings.
63 (c) Transportation safety experts and academic
64 institutions.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1323 (2026)
Amendment No.
65 (d) Federal agencies or national organizations with
66 expertise in railroad safety.
67 (5) By December 1, 2026, the Department of Transportation
68 shall submit a report of its findings and any recommendations to
69 the Governor, the President of the Senate, and the Speaker of
70 the House of Representatives. The report may include potential
71 policy options for legislative consideration but may not
72 recommend mandatory installation or upgrade of railroad
73 crossings.
74 Section 2. This act shall take effect July 1, 2026.
75 -----------------------------------------------------
76 T I T L E A M E N D M E N T
77 Remove everything before the enacting clause and insert:
78 An act relating to railroad crossing safety; creating
79 s. 351.38, F.S.; providing legislative findings and
80 intent; providing definitions; requiring the
81 Department of Transportation to conduct a statewide
82 study on advanced detection and monitoring systems at
83 railroad crossings; specifying the scope of the study;
84 authorizing the department to consult with specified
85 entities; requiring a report to the Governor and
86 Legislature by a specified date; providing an
87 effective date.
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HB 1451
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1451 COMPANION BILL: SB 1724 (Martin)
TITLE: Utility Services LINKED BILLS: None
SPONSOR(S): Busatta RELATED BILLS: None
Committee References
Economic Infrastructure Intergovernmental Affairs Commerce
SUMMARY
Effect of the Bill:
The bill requires certain public meetings and reporting for municipalities that provide utility service or intend to
provide utility service in areas outside of their municipal boundaries. The bill also limits the portion of municipal
utility revenues earned from providing service in such areas that may be used to fund or finance general
government functions.
Fiscal or Economic Impact:
The bill may have an indeterminate negative impact on local government expenditures.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill establishes terms related to the provision of municipal utility services in areas outside a municipality’s
boundaries.
Extension of Utility Service
Under the bill, a municipality that intends to offer retail electric, natural gas, water, or sewer utility service in
another municipality or unincorporated area outside of the municipality’s boundaries must hold a public meeting
in conjunction with the governing body of each municipality or unincorporated area to be served. The public
meeting must take place before a new agreement to provide such service, or a renewal, extension, or material
amendment of an existing agreement, may take effect. The public meeting must be held within each municipality
and unincorporated area to be served for the purpose of providing information and soliciting public input on each
of the following:
The nature of the service to be provided or changes to the service being provided.
The rates, fees, and charges to be imposed for the services provided or intended to be provided, including:
o Any differential with the rates, fees, and charges imposed for the same service on customers located
within the boundaries of the serving municipality;
o The basis for the differential; and
o The length of time that the differential is expected to exist.
The extent to which revenues generated from the provision of the service will be used to fund or finance
non-utility government functions or services.
Any other matters deemed relevant by the parties to the agreement. (Section 1)
Further, the bill requires that a new agreement to provide these utility services beyond a municipality’s
boundaries, or an extension, renewal, or material amendment to an existing agreement, must be in writing.
(Section 1)
STORAGE NAME: h1451.EIS
DATE: 2/2/2026
1
HB 1451
The bill requires that an appointed representative1 of each municipality providing utility service in another
municipality or unincorporated area outside of the municipality’s boundaries must conduct an annual customer
meeting in conjunction with the governing body of each municipality and unincorporated area in which it provides
service. The purpose of this meeting is to receive public input on utility-related matters, including rates and
service. The bill provides that this meeting does not need to be a separate public meeting conducted specifically for
this purpose. (Section 1)
Use of Revenues
Under the bill, a municipality may not transfer more than 10 percent of the gross revenues it generates from
electric, natural gas, water, or sewer service provided to customers outside its municipal boundaries to fund or
finance general government functions. Further, the bill requires that revenues remaining after payment of the
municipal utility’s costs to provide service must be reinvested into the municipal utility or returned to customers
who received service at locations beyond the municipality’s corporate limits. (Section 1)
Reporting
The bill requires that by January 1, 2027, and annually thereafter, each municipality that provides utility service
outside its municipal boundaries must report to the Public Service Commission (PSC), for each type of utility
service it provides outside of municipal boundaries, the following information:
The number and percentage of customers that receive utility service provided by the municipality at a
location outside the boundaries of the municipality;
The volume and percentage of sales made to such customers, and the gross revenues generated from
such sales; and
Whether the rates, fees, and charges imposed on customers that receive service at a location outside
the municipality's boundaries are different than the rates, fees, and charges imposed on customers
within the boundaries of the municipality, and, if so, the amount and percentage of the differential.
(Section 2)
The bill requires the PSC to compile this information and report it to the Speaker of the House of Representatives,
the Senate President, and the Governor by March 31, 2027, and annually thereafter. The bill provides that it does
not modify or extend the authority of the PSC otherwise provided by law with respect to any municipal utility that
must report this information. (Section 2)
The effective date for these reporting provisions is July 1, 2026. (Section 2)
The bill provides an effective date of July 1, 2027, for all other provisions of the bill. (Section 3)
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill may have an indeterminate negative impact on local government expenditures associated with the public
meeting and reporting requirements for municipalities that provide utility service in areas outside of their
municipal boundaries. The bill limits the ability of municipal utilities to transfer certain utility service revenues to
fund and finance general government functions.
1 The appointed representative must be an executive-level leadership employee of the municipality, or the municipality’s utility authority,
board, or commission, specifically appointed by the governing body of the municipality to serve as its representative for the purpose of the
meeting.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 1451
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Municipal Utility Service
Pursuant to s. 2(b), Art. VIII of the State Constitution, municipalities have the governmental, corporate, and
proprietary powers to enable them to conduct municipal government, perform municipal functions, and render
municipal services. Municipalities may exercise any power for municipal purposes, except when expressly
prohibited by law.2 The legislative body of each municipality has the power to enact legislation on any subject upon
which the state Legislature may act with certain exceptions.3 Under their home rule power and as otherwise
provided or limited by law or agreement, municipalities may provide utilities to citizens and entities within the
municipality’s corporate boundaries, in unincorporated areas, and even in other municipalities.
Many municipalities own and operate electric utilities and natural gas utilities and govern the operation of those
utilities through ordinance, code, or policies. Currently, there are 35 municipal electric utilities in the state and 27
municipally owned natural gas utilities.4 Municipal electric and natural gas utility rates are not directly regulated
by the Florida Public Service Commission (PSC), however, the PSC does have jurisdiction over municipal electric
utilities for matters related to rate structure, power plant transmission line site certification, general reporting
jurisdiction, service territory and territory disputes, energy efficiency reporting, ten-year site plans, reporting on
system hardening and resiliency, reporting on net metering, audits related to regulatory assessment fees,
monitoring renewable energy, reporting on facilities inspection and vegetation management, and ensuring a
reliable, coordinated power grid.5 Many of these utilities provide service to customers located outside of the
municipality’s boundaries.
Municipalities are authorized by general law to provide water and sewer utility services.6 With respect to public
works projects, including water and sewer utility services,7 municipalities may extend and execute their corporate
powers outside of their corporate limits as “desirable or necessary for the promotion of the public health, safety
and welfare.”8 A municipality may not extend or apply these corporate powers within the corporate limits of
another municipality.9 In general, however, local governments may enter into mutually advantageous agreements
to provide services or facilities to other localities. 10 Further, the law specifically authorizes a municipality to
permit any other municipality and the owners of lands outside its corporate limits or within the limits of another
municipality to connect with its water and sewer utility facilities and use its services upon agreed terms and
conditions.11 Municipal water and sewer utility systems are exempt from PSC jurisdiction.12
2 Section 166.021(2), F.S., provides that any activity or power which may be exercised by the state or its political subdivisions
is considered a municipal purpose.
3 Pursuant to section 166.021(3), F.S., a municipality may not enact legislation on the following: the subjects of annexation,
merger, and exercise of extraterritorial power, which require general law or special law; any subject expressly prohibited by
the constitution; any subject expressly preempted to state or county government by the constitution or by general law; and
any subject preempted to a county pursuant to a county charter adopted under the authority of the State constitution.
4 Florida Public Service Commission, Facts & Figures of the Florida Utility Industry (2025), p, 1, 12, available at
https://www.psc.state.fl.us/reports (last visited Feb. 2, 2026).
5 Presentation on Florida Public Power, Florida Municipal Electric Association (Feb. 9, 2023), slide 3, available at
https://www.flhouse.gov/Sections/Documents/publications.aspx?CommitteeId=3226&PublicationType=Committees&Docum
entType=All&SessionId=99 (last visited Feb. 2, 2026).
6 Pursuant to s. 180.06, F.S., a municipality may “provide water and alternative water supplies;” “provide for the collection and
disposal of sewage, including wastewater reuse, and other liquid wastes;” and “construct reservoirs, sewerage systems, trunk
sewers, intercepting sewers, pumping stations, wells, siphons, intakes, pipelines, distribution systems, purification works,
collection systems, treatment and disposal works” to accomplish these purposes.
7 Other public works projects authorized under s. 180.06, F.S., include alternative water supplies, maintenance of water flow
and bodies of water for sanitary purposes, garbage collection and disposal, airports, hospitals, jails, golf courses, gas plants and
distribution systems, and related facilities.
8 S. 180.02(2), F.S.
9 Id.
10 See s. 163.01, F.S.
11 S. 180.19, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 1451
Rates for Municipal Water and Sewer Service
A municipality that operates a water or sewer utility outside of its municipal boundaries may impose higher rates,
fees, and charges on customers receiving service outside of its corporate boundaries as compared to the rates, fees,
and charges imposed on customers within its boundaries. The municipality can accomplish this in two ways:
First, for customers outside of its boundaries, it may add a surcharge of up to 25 percent of the rates, fees,
and charges imposed on customers within its boundaries. This mechanism does not require a public
hearing.13
Second, it may set separate rates, fees, and charges for customers outside its boundaries based on the same
factors used to set rates for customers within its boundaries. It may add a surcharge of up to 25 percent of
these charges, provided that the total of all such rates, fees, and charges for service to customers outside its
boundaries may not exceed the total charges to customers within its boundaries by more than 50 percent
for corresponding service. Rates set in this manner require a public hearing at which all users served or to
be served by the water or sewer utilities and all other interested persons will have an opportunity to be
heard concerning the proposed rates.14
There is no central repository for information concerning municipal water or sewer service rates that identifies
municipalities that impose higher rates on customers outside of the municipal boundaries, the specific mechanism
used by such municipalities to establish such rates, or the level of any additional charge or surcharge imposed.
Transfers of Municipal Utility Revenues
Current law authorizes municipalities to raise amounts of money which are necessary for the conduct of the
municipal government. A municipality may do so by taxation and licenses authorized by Florida’s constitution or
general law, or by user charges or fees authorized by ordinance.15 Municipalities routinely transfer a portion of
their utility earnings to their general funds for non-utility purposes, though the amounts and percentages may vary
widely among municipalities.16 These transfers may be limited in some circumstances by ordinance, but they are
not governed by state law.
RECENT LEGISLATION:
YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 CS/CS/HB 1523 - Utility Services Busatta Died in Senate
12 S. 376.022(2), F.S.
13 S. 180.191(1)(a), F.S.
14 S. 180.191(1)(b), F.S.
15 S. 166.201, F.S.
16 Presentation on Florida Public Power, Florida Municipal Electric Association supra n. 5, slide 6.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
HB 1451
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure Keating Rubottom
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1451 2026
1 A bill to be entitled
2 An act relating to utility services; amending s.
3 180.19, F.S.; requiring certain public meetings as a
4 condition precedent to the effectiveness of a new or
5 an extended agreement under which a municipality will
6 provide specified utility services in other
7 municipalities or unincorporated areas; specifying the
8 matters to be addressed at such public meetings;
9 requiring such agreements to be written; requiring
10 annual public customer meetings; defining the terms
11 "appointed representative" and "governing body";
12 limiting the portion of certain utility revenues that
13 a municipality may use to fund or finance general
14 government functions; requiring excess revenues to be
15 reinvested into the municipal utility or returned to
16 customers; creating s. 180.192, F.S.; requiring
17 municipalities that provide specified utility services
18 to report certain information by a specified date, and
19 annually thereafter, to the Florida Public Service
20 Commission; requiring the commission to compile such
21 information and submit a report by a specified date,
22 and annually thereafter, to the Governor and the
23 Legislature; providing construction; providing
24 effective dates.
25
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hb1451-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1451 2026
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 180.19, Florida Statutes, is amended to
29 read:
30 180.19 Use by other municipalities and by individuals
31 outside corporate limits.—
32 (1) A municipality which constructs any works as are
33 authorized by this chapter, may permit any other municipality
34 and the owners or association of owners of lots or lands outside
35 of its corporate limits or within the limits of any other
36 municipality, to connect with or use the utilities mentioned in
37 this chapter upon such terms and conditions as may be agreed
38 between such municipalities, and the owners or association of
39 owners of such outside lots or lands.
40 (2) Any private company or corporation organized to
41 accomplish the purposes set forth in this chapter, which has
42 been granted a privilege or franchise by a municipality, may
43 permit the owners or association of owners of lots or lands
44 outside of the boundaries of said municipality granting said
45 privilege or franchise, or other municipality, to connect with
46 and use the utility operated by the said private company or
47 corporation upon such terms as may be agreed between the said
48 private company or corporation and the owners or association of
49 owners of said lots or lands or the said municipality.
50 (3)(a) A new agreement, or an extension, renewal, or
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hb1451-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1451 2026
51 material amendment of an existing agreement, to provide
52 electric, natural gas, water, or sewer utility service at retail
53 pursuant to subsection (1) must be written and may not become
54 effective before an appointed representative of the municipality
55 that provides service or intends to provide the service, in
56 conjunction with the governing body of each municipality and
57 unincorporated area served or to be served, has participated in
58 a public meeting, which is not required to be a separate public
59 meeting, within each municipality and unincorporated area served
60 or to be served for purposes of providing information and
61 soliciting public input on:
62 1. The nature of the services to be provided or changes to
63 the services being provided.
64 2. The rates, fees, and charges to be imposed for the
65 services provided or intended to be provided, including any
66 differential with the rates, fees, and charges imposed for the
67 same services on customers located within the boundaries of the
68 serving municipality, the basis for the differential, and the
69 length of time that the differential is expected to exist.
70 3. The extent to which revenues generated from the
71 provision of the services will be used to fund or finance
72 nonutility government functions or services.
73 4. Any other matters deemed relevant by the parties to the
74 agreement.
75 (b) Rates, fees, and charges imposed for water or sewer
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hb1451-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1451 2026
76 utility services provided pursuant to subsection (1) shall
77 comply with s. 180.191.
78 (c) A representative of each municipality that provides
79 electric, natural gas, water, or sewer utility services pursuant
80 to subsection (1), in conjunction with the governing body of
81 each municipality and unincorporated area in which it provides
82 services, must annually conduct a public customer meeting, which
83 is not required to be a separate public meeting, within each
84 municipality and unincorporated area for purposes of soliciting
85 public input on utility-related matters, including fees, rates,
86 charges, and services.
87 (d) For purposes of this subsection, the term:
88 1. "Appointed representative" means an executive-level
89 leadership employee of a municipality, or such municipality's
90 related and separate utility authority, board, or commission,
91 specifically appointed by the governing body to serve as its
92 representative for purposes of this subsection.
93 2. "Governing body" means a:
94 a. Governing body of a municipality in which services are
95 provided or proposed to be extended.
96 b. Board of county commissioners of a county in which
97 services are provided or proposed to be extended, if services
98 are provided or proposed to be extended in an unincorporated
99 area within the county.
100 (4) A municipality that generates revenue from the
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1451 2026
101 provision of electric, natural gas, water, or sewer utility
102 services to locations beyond its corporate limits may not use
103 more than 10 percent of the gross revenues generated from such
104 services to fund or finance general government functions. After
105 the transfer of such revenues to fund or finance general
106 government functions, if any revenues generated from such
107 services remain after payment of the municipal utility's costs
108 to provide services, these excess revenues must be reinvested
109 into the municipal utility or returned to customers who received
110 service at locations beyond the municipality's corporate limits.
111 Section 2. Effective July 1, 2026, section 180.192,
112 Florida Statutes, is created to read:
113 180.192 Reporting requirements related to municipal
114 utility service.—
115 (1) By January 1, 2027, and annually thereafter, each
116 municipality that provides electric, natural gas, water, or
117 sewer utility services pursuant to s. 180.191(1) must provide a
118 report to the Florida Public Service Commission that identifies,
119 for each type of utility service provided by the municipality:
120 (a) The number and percentage of customers that receive
121 utility services provided by the municipality at a location
122 outside the boundaries of the municipality.
123 (b) The volume and percentage of sales made to such
124 customers, and the gross revenues generated from such sales.
125 (c) Whether the rates, fees, and charges imposed on
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1451 2026
126 customers that receive services at a location outside the
127 municipality's boundaries are different than the rates, fees,
128 and charges imposed on customers within the boundaries of the
129 municipality, and, if so, the amount and percentage of the
130 differential.
131 (2) By March 31, 2027, and annually thereafter, the
132 commission shall compile the information provided pursuant to
133 subsection (1) and submit a report containing this information
134 to the Governor, the President of the Senate, and the Speaker of
135 the House of Representatives.
136 (3) This section does not modify or extend the authority
137 of the commission otherwise provided by law with respect to any
138 municipal utility that is required to comply with subsection
139 (1).
140 Section 3. Except as otherwise expressly provided in this
141 act, this act shall take effect July 1, 2027.
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hb1451-00
Economic Infrastructure Subcommittee
HB 1451 by Rep. Busatta
Utility Services
AMENDMENT SUMMARY
February 4, 2026
Amendment #547041 by Rep. Busatta (line 100):
• Removes a provision of the bill related to limitations on the use and transfer of
utility revenues.
• Limits the rates, fees, and charges that a municipal water or sewer utility may
impose on customers outside the boundaries of the municipality to no more than
25 percent in excess of the those imposed on customers within the boundaries.
• Establishes a penalty for failure to file the annual report required by the bill.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1451 (2026)
Amendment No.
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Economic Infrastructure
2 Subcommittee
3 Representative Busatta offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 100-119 and insert:
7 Section 2. Subsection (1) of section 180.191, Florida
8 Statutes, is amended to read:
9 180.191 Limitation on rates charged consumer outside city
10 limits.—
11 (1) Any municipality within the state operating a water or
12 sewer utility outside of the boundaries of such municipality
13 shall charge consumers outside the boundaries rates, fees, and
14 charges determined in one of the following manners:
15 (a) It may charge the same rates, fees, and charges as
16 consumers inside the municipal boundaries. However, in addition
547041 - h1451-line100.docx
Published On: 2/3/2026 4:10:08 PM
Page 1 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1451 (2026)
Amendment No.
17 thereto, the municipality may add a surcharge of not more than
18 25 percent of such rates, fees, and charges to consumers outside
19 the boundaries. Fixing of such rates, fees, and charges in this
20 manner shall not require a public hearing except as may be
21 provided for service to consumers inside the municipality.
22 (b) It may charge rates, fees, and charges that are just
23 and equitable and which are based on the same factors used in
24 fixing the rates, fees, and charges for consumers inside the
25 municipal boundaries. In addition thereto, the municipality may
26 add a surcharge not to exceed 25 percent of such rates, fees,
27 and charges for said services to consumers outside the
28 boundaries. However, the total of all Such rates, fees, and
29 charges for the services to consumers outside the boundaries may
30 shall not be more than 25 50 percent in excess of the rates,
31 fees, and charges total amount the municipality charges
32 consumers served within the municipality for corresponding
33 service. No such rates, fees, and charges shall be fixed until
34 after a public hearing at which all of the users of the water or
35 sewer systems; owners, tenants, or occupants of property served
36 or to be served thereby; and all others interested shall have an
37 opportunity to be heard concerning the proposed rates, fees, and
38 charges. Any change or revision of such rates, fees, or charges
39 may be made in the same manner as such rates, fees, or charges
40 were originally established, but if such change or revision is
41 to be made substantially pro rata as to all classes of service,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1451 (2026)
Amendment No.
42 both inside and outside the municipality, no hearing or notice
43 shall be required.
44 Section 3. Effective July 1, 2026, section 180.192,
45 Florida Statutes, is created to read:
46 180.192 Reporting requirements related to municipal
47 utility service.—
48 (1) By January 1, 2027, and annually thereafter, each
49 municipality that provides electric, natural gas, water, or
50 sewer utility services pursuant to s. 180.191(1) must provide a
51 report to the Florida Public Service Commission. A municipality
52 that fails to file the report required by this subsection shall
53 be subject to the penalties provided in s. 366.095. The report
54 must identify, for each type of utility service provided by the
55 municipality:
56
57 -----------------------------------------------------
58 T I T L E A M E N D M E N T
59 Remove lines 12-20 and insert:
60 amending s. 180.191, F.S.; revising provisions
61 relating to permissible rates, fees, and charges
62 imposed by municipal water and sewer utilities on
63 customers located outside the municipal boundaries;
64 creating s. 180.192, F.S.; requiring municipalities
65 that provide specified utility services to report
66 certain information by a specified date, and annually
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1451 (2026)
Amendment No.
67 thereafter, to the Florida Public Service Commission;
68 establishing a penalty; requiring the commission to
69 compile such
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PCS for HB 1233
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: PCS for HB 1233 COMPANION BILL: SB 1220 (Massullo)
TITLE: Transportation LINKED BILLS: None
SPONSOR(S): Economic Infrastructure Subcommittee RELATED BILLS: None
Committee References
Orig. Comm.: Economic Infrastructure
SUMMARY
Effect of the Bill:
The bill addresses several matters related to state transportation policy, including:
• Duties of the Florida Greenways and Trails Council;
• Seaport planning, and expansion of Florida’s maritime industrial base;
• Expansion of the areas within which personal delivery devices may operate;
• Impact of drone delivery services on minimum parking space requirements on commercial property;
• Clarification regarding the use of paratransit services;
• Airport investments, security, and planning;
• Expansion of the Florida Department of Transportation’s powers, duties, and responsibilities related to
advanced air mobility corridor connection points, promotion of development opportunities and advanced
air mobility, review of local government applications for federal funding, operation and maintenance of
research facilities, and LiDAR procurement and cost sharing; and
• Limitations on the consideration of nonpecuniary factors in taxpayer-funded project development and
environmental studies.
The bill also makes shooting or throwing a dangerous projectile into an occupied or unoccupied autonomous
vehicle a second-degree felony and makes the willful or malicious defacement of, injury to, or damage to an
autonomous vehicle a third-degree felony in certain circumstances.
Fiscal or Economic Impact:
None.
I
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill addresses several areas related to state transportation policy.
Florida Greenways and Trails Council
The bill requires the Florida Greenways and Trails Council 1 to meet within 90 days after the Florida Department of
Transportation (FDOT) submits its report summarizing the status of the Florida Shared-Use Nonmotorized Trail
1 The Florida Greenways and Trails Council is a body tasked with advising the Florida Department of Environmental
Protection (FDEP) on greenway and trail related issues, promoting intergovernmental cooperation and private partnerships
for developing the greenways and trails system, recommending priorities for critical links in the system, and providing
funding recommendations for developing and managing the system. FDEP, Florida Greenways and Trails Council,
STORAGE NAME: PCS1233.EIS
DATE: 2/3/2026
1
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Network 2 and to update its recommendations for prioritization of regionally significant trails within the network.
(Section 1)
Seaports
Seaport Planning
The bill requires Florida’s public seaports to provide strategies for obtaining and maintaining critical
infrastructure resources 3 for the port and its tenants. The bill requires that such strategies must include long-term
contracts, rights of first refusal regarding the sale or lease of property storing such resources, and contingency
plans for obtaining such resources. (Section 2)
Seaport Maritime Industrial Base
The bill requires FDOT to coordinate with the Florida Department of Commerce, Florida’s public seaports, the U.S.
Department of Commerce, and the U.S. Department of War to identify and prioritize key maritime components of
the supply chain essential to strengthening and expanding Florida’s maritime industrial base. The bill also requires
Florida’s seaports to support projects evaluated by FDOT that directly support the construction, maintenance, and
modernization of commercial and military vessels. The bill requires that projects be evaluated based on the return
on invested capital, job creation, contribution to the economic competitiveness of the state, and support for the
national security interests of the U.S., as well as anticipated enhancements of the state’s commercial maritime
abilities. (Section 3)
Vehicle Regulation
Personal Delivery Devices
The bill expands the definition of personal delivery devices (PDDs) to include devices that operate at a maximum
speed of 20 miles per hour on bicycle lanes, bicycle paths, or shoulders on streets, roadways, or highways,
excluding limited access facilities. 4 The bill also makes conforming changes to clarify that PDDs may be operated in
such areas. (Sections 4, 5, and 6)
Commercial Drone Delivery
The bill clarifies that, except as otherwise expressly provided, a political subdivision may not withhold any
conditional use approval to a drone delivery service on a commercial property or enact or enforce an ordinance or
resolution that prohibits a drone delivery service’s operation. (Section 7)
The bill also provides that the addition of a drone delivery service within the parking area of a commercial
property does not reduce the number of parking spaces for the purpose of meeting applicable minimum parking
requirements. 5 (Section 7)
Paratransit Services
The bill clarifies that paratransit services provided pursuant to a contract with FDOT are for persons with
disabilities. (Section 14)
https://floridadep.gov/parks/ogt/content/florida-greenways-and-trails-council (last visited Feb. 2, 2026). See also, S.
260.0142, F.S.
2 S. 339.81(8), F.S., requires FDOT, in coordination with FDEP, to submit a report every three years.
3 For purposes of the bill, the term “critical infrastructure resources” includes, but is not limited to, access to electricity, fuel,
and water resources.
4 Florida law defines “limited access facility” to mean a street or highway especially designed for through traffic, and over,
from, or to which owners or occupants of abutting land or other persons have no right or easement of access, light, air, or view
by reason of the fact that their property abuts upon such limited access facility or for any other reason. S. 334.03(12), F.S.
5 Authority over minimum parking requirements is a power generally left to local governments and municipalities. See Art.
VIII, s. 2(b); s. 166.021, F.S. However, local governments must adhere to the requirements and limitations of applicable law,
such as the requirements for accessible parking spaces for persons with disabilities provided in Florida law and the federa
Americans with Disabilities Act (ADA). See s. 553.5041, F.S.
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Commercial Service Airports
Airport Investments
The bill authorizes FDOT to plan and direct investments in airport systems in the state to facilitate the efficient
movement of passengers and cargo and to continuously improve the experience for the flying public and the
supply chain of this state's businesses. (Section 8)
Airport Security
The bill requires FDOT to coordinate with commercial service airports in this state to review U.S. Transportation
Security Administration policies and programs to increase the efficiency of passenger screening and the overall
customer service experience of the flying public. (Section 9)
Airport Duties
The bill requires commercial service airports to provide methods for obtaining and maintaining critical
infrastructure resources 6 for the airport, its tenants, and the traveling public. Such strategies must include long-
term contracts and rights of first refusal regarding the sale of and contingency plans for such resources. (Section
10)
FDOT Powers and Authority
The bill revises the powers and duties granted to FDOT. Specifically, the bill authorizes FDOT to:
• Designate land areas and transportation facilities as advanced air mobility corridor connection points 7;
• Acquire promotional items, as part of public information and education campaigns, for transportation
economic development opportunities and for advanced air mobility. The bill removes authority for FDOT to
acquire such promotional items for electric vehicle charging stations.
• Operate and maintain research facilities designated by FDOT and to conduct and enter into contracts and
agreements for compensation for conducting research by FDOT and private entities.
• Conduct and enter into contracts and agreements for research and demonstration projects relative to
innovative transportation technologies.
• Coordinate with local governments to review and develop applications for federal funding to ensure that
each project will have the maximum benefit to the state transportation system, contributing to congestion
relief and infrastructure improvements.
• Serve as the point of contact for statewide topographical aerial light detection and ranging (LiDAR)
procurement and cost sharing related to statewide geographic information systems and geospatial data
sharing. (Sections 11 and 12)
FDOT Project Development and Environment Studies
The bill establishes a state policy that nonpecuniary factors are not considerations in FDOT’s taxpayer-funded
project development and environmental studies. For purposes of the bill, the term “nonpecuniary factor” includes
any of the following:
• Considerations related to social justice, including diversity, equity, and inclusion or the placement of
highways or transportation facilities having a disproportionate effect or impact on a specific demographic;
• Considerations related to environmental justice, including the social or cultural environment being
impacted by the actions;
• Sociocultural effect evaluations; or
6 See definition of “critical infrastructure resources,” supra note 3.
7 The bill defines the term “advanced air mobility corridor connection point” to mean any land area or transportation facility,
including any airspace, designated by the department as suitable to support the efficient movement of people and goods by
use as a connection point for advanced air mobility.
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• Additional considerations related to climate alarmism, including any benchmark, standard, threshold, goal,
or requirement related to emissions, motor vehicle fuel sources, decarbonization, and net-zero policies. 8
(Section 13)
The bill requires that, to the extent that consideration of nonpecuniary factors is a requirement of federal law or is
a condition of receipt of federal transportation funding, a governmental entity 9 must include the following in any
publication, document, report, presentation, webpage, or digital application:
• A written statement that federal law requires such considerations as part of the project development and
environmental study in question and a reference to such federal law.
• The amount of taxpayer funding required to make such considerations, including the approximate increase
in costs related to nonpecuniary factors.
• The estimated cost increase for all project phases for the overall recommended project when nonpecuniary
factors are considered. (Section 13)
Criminal Violations
The bill provides that it is a second-degree felony to wantonly or maliciously shoot, or to throw any hard substance
which would produce death or great bodily harm, at, within, or into any occupied or unoccupied autonomous
vehicle. (Section 15)
The bill provides that anyone who willfully or maliciously defaces, injures, or damages any autonomous vehicle 10
commits a third-degree felony of criminal mischief, if the damage to the autonomous vehicle is greater than $200.
(Section 16)
The bill makes conforming changes to the offense severity ranking chart. (Section 17)
The bill provides an effective date of July 1, 2026. (Section 18)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Department of Transportation
The Florida Department of Transportation (FDOT) is an executive agency responsible for providing a safe
statewide transportation system that promotes the efficient movement of people and goods, supports the state’s
economic competitiveness, prioritizes Florida’s environment and natural resources, and preserves the quality of
life and connectedness of the state’s communities. 11
8 For purposes of the bill, the term "net-zero policies" means achieving a balance between the total amount of greenhouse
gases released into the atmosphere and the amount removed, but the term does not include standard reviews related to
section 4(f) requirements in federal law, which protect park and recreation lands, wildlife and waterfowl refuges, and historic
sites during transportation development. See Federal Highway Administration, Section 4(f) Tutorial,
https://www.environment.fhwa.dot.gov/env_topics/4f_tutorial/overview.aspx?h=e#h (last visited Jan. 30, 2026).
9 The term “governmental entity” is defined to mean a unit of government, or any officially designated public agency or
authority of a unit of government, that has the responsibility for planning, construction, operation, or maintenance or
jurisdiction over transportation facilities; the term includes the Federal Government, the state government, a county, an
incorporated municipality, a metropolitan planning organization, an expressway or transportation authority, a road and
bridge district, a special road and bridge district, and a regional governmental unit. S. 334.03(11), F.S.
10 The bill defines the term “autonomous vehicle” by cross-reference to s. 316.003, F.S., which defines it to mean any vehicle
equipped with an automated driving system. S. 316.003(3)(a), F.S.
11 S. 20.23, F.S.; FDOT, About FDOT, https://www.fdot.gov/agencyresources/aboutfdot.shtm (last visited Jan. 31, 2026).
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FDOT Research Facilities
Florida law grants FDOT the power to conduct research studies, research and demonstration projects, and to
collect data necessary for the improvement of the state transportation system. 12 FDOT’s Research Center Office
oversees the agency’s research program and contracts with state universities and other research service providers
to conduct research in all areas of transportation. 13 The Research Center also participates in pooled fund studies
with other state transportation agencies and contributes to national studies on subjects of benefit to Florida.
FDOT's research program contributes to increasing the safety, reliability, capacity, and efficiency of Florida's
transportation system.
Additionally, FDOT operates the SunTrax Transportation Testing Center, a facility located in Polk County dedicated
to the research, development and testing of emerging transportation technologies in safe and controlled
environments. 14 SunTrax serves as a premier facility for advancing transportation technology through
comprehensive vehicle testing, research, and industry engagement. 15 Through SunTrax, FDOT is also investing in
facilities to test and develop advanced air mobility (AAM) technology. 16
FDOT Project Development and Environment Studies
FDOT conducts project development and environment (PD&E) studies to determine the location and conceptual
design of feasible build alternatives for roadway improvement projects as well as their social, economic, and
environmental effects. 17 Throughout each study, a no-build alternative, where roads are left in their present state
with routine maintenance, remains a viable alternative. A PD&E study is finalized when the Federal Highway
Administration reviews the study’s documentation and recommendations and provides a Location and Design
Concept Acceptance. 18 Florida law requires that PD&E studies for capacity improvement projects on limited access
facilities must include the evaluation of alternatives that provide transportation capacity using elevated roadway
above existing lanes. 19 Additionally, PD&E studies for new alignment projects and capacity improvement projects
must be completed to the maximum extent possible within 18 months after the date of commencement. 20
Under Florida law, FDOT has the power to assume the responsibilities of the U.S. Department of Transportation
with respect to highway projects within the state under the National Environmental Policy Act 21 (NEPA) and with
respect to related responsibilities for environmental review, consultation, or other action required under any
federal environmental law pertaining to review or approval of a highway project within the state. 22 FDOT
maintains a Project Development and Environment Manual as its procedure for complying with NEPA and other
applicable federal and state laws and regulations. 23 FDOT’s PD&E studies satisfy federal NEPA requirements, but
even if a project does not use federal funds, FDOT policy requires a PD&E study to meet similar state requirements
and to maintain eligibility for potential federal funding. 24
12 S. 334.044(20)-(21), F.S.
13 FDOT, Research Center, https://www.fdot.gov/research/default.shtm (last visited Jan. 31, 2026).
14 ITS Florida, SunTrax, Dec. 11, 2018, https://www.itsflorida.org/suntrax (last visited Jan. 31, 2026).
15 SunTrax, Facility Usage, https://suntraxfl.com/about-us/facility-usage/ (last visited Jan. 31, 2026).
16 SunTrax, SunTrax Air, https://suntraxfl.com/suntrax-air/ (last visited Jan. 31, 2026).
17 FDOT District 7, What is a PD&E Study?, https://www.fdotd7studies.com/projects/what-is-a-pde-study/, (last visited Jan.
31, 2026).
18 Id.
19 S. 334.63(1), F.S.
20 S. 334.63(2), F.S.
21 National Environmental Policy Act of 1969, U.S.C. § 4321 et. seq (2025). NEPA was the first major environmental law in the
United States. It establishes a national policy for the environment, and it requires federal agencies to assess the environmental
effects of proposed actions prior to making decisions. See NEPA.gov, Homepage, https://ceq.doe.gov/index.html (last visited
Jan. 31, 2026).
22 S. 334.044(34), F.S. See also, FDOT, Office of Environmental Management, NEPA Assignment,
https://www.fdot.gov/environment/oem-divisions/qa-qc/nepa-assignment. (last visited Jan. 30, 2026).
23 FDOT, Project Development and Environment (PD&E) Manual, https://www.fdot.gov/environment/pde-manual/pdeman-
current (last visited Jan. 31, 2026).
24 DOT District 7, What is a PD&E Study?, supra note 17; FDOT, Frequently Asked Questions for the Local Agency Program,
https://www.fdot.gov/programmanagement/lap/faq.shtm (last visited Jan. 31, 2026).
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Recent Federal Activity Related to NEPA and Environmental Studies
There have been recent shifts related to NEPA interpretation and implementation as a consequence of executive,
regulatory, and judicial decisions.
The Council on Environmental Quality (CEQ) was established by NEPA in 1970 and is housed within the Executive
Office of the President to consult and coordinate with federal agencies, provide guidance on the implementation of
NEPA to ensure timely environmental review and permitting processes across the federal government, and to
advise and assist the President on policies that promote the improvement of environmental quality, while
supporting the economic prosperity and energy security of the American people. 25 Historically, the CEQ issued
guidance and regulations outlining how federal agencies can comply with NEPA. 26 CEQ’s regulations were treated
as carrying the force of agency rulemaking and binding on federal agencies, influencing the rulemaking decisions of
other agencies. 27 Agencies adopted their own NEPA implementation procedures and submitted them to CEQ for
review. 28
During the Obama and Biden presidencies, executive orders and CEQ regulations expanded the scope of NEPA
analyses conducted by federal agencies to prioritize consideration of greenhouse gas emissions and the effect of
climate change; require consideration of direct, indirect, and cumulative environmental impacts; and to promote
environmental justice as a goal in NEPA implementation. 29 In President Trump’s terms, executive orders and CEQ
guidance rescinded those Obama- and Biden-era directives in an effort to reduce NEPA’s regulatory and fiscal
burdens and to promote efficiency and economic growth. 30
Additionally, two recent federal court decisions have altered the landscape of NEPA regulations. First, in 2024, the
U.S. Court of Appeals for the District of Columbia found that the CEQ had no lawful authority to promulgate binding
regulations and called into question whether agency rules issued to comply with such CEQ rules were a
permissible exercise of rulemaking authority. 31 As a result of this decision, on January 8, 2026, the CEQ issued a
final rule rescinding all NEPA-implementing regulations, finding that neither NEPA nor any other federal statute
gives the CEQ power to issue binding NEPA regulations, much less legislative rules with the force of law. 32
In a second federal court case, decided in 2025, the U.S. Supreme Court found that judicial review of NEPA cases
had, over the years, imposed additional substantive requirements on federal agencies to comply with NEPA, stating
that “[a] 1970 legislative acorn has grown over the years into a judicial oak that has hindered infrastructure
development ‘under the guise’ of just a little more process,” and finding that “[a] course correction of sorts is
appropriate to bring judicial review under NEPA back in line with the statutory text and common sense.” 33 The
court found that NEPA grants agencies discretion to weigh environmental consequences of a proposed action as
the agency reasonably sees fit under its governing statute and applicable laws, and that the role of the courts in
25 The White House, Council on Environmental Quality, https://www.whitehouse.gov/ceq/ (last visited Jan. 31, 2026).
26 Harvard Law School, Envtl. & Energy Law Program, NEPA Environmental Review Requirements,
https://eelp.law.harvard.edu/tracker/nepa-environmental-review-requirements/ updated Jan. 21, 2026 (last visited Jan. 31,
2026).
27 Marin Audubon Society v. FAA, 121 F. 4th 902, 910-14 (D.C. Cir. 2024);
28 Id.
29 See Harvard Law School, NEPA Environmental Review Requirements, supra note 26; Dr. Jalonne L. White-Newsome, A New
Environmental Justice Playbook for Federal Agencies, Nov. 3, 2023, available at
https://bidenwhitehouse.archives.gov/ceq/news-updates/2023/11/03/a-new-environmental-justice-playbook-for-federal-
agencies/ (last visited Jan. 31, 2026).
30 Harvard Law School, NEPA Environmental Review Requirements, supra note 26.
31 Marin Audubon Society v. FAA, 121 F. 4th at 914-15.
32 Removal of National Environmental Policy Act Implementing Regulations, 91 Fed. Reg. 618 (Jan. 8, 2026) (to be codified at
40 C.F.R. parts 1500, 1501, 1502, 1503, 1504, 1505, 1506, 1507, and 1508).
33 Seven Cty. Infrastructure Coal. v. Eagle Cty, Colo., 605 U.S. 168, 184 (2025).
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judicial review is to show deference to the agency’s decision as to the scope and contents of its environmental
study. 34
Commercial Seaport Activity
Florida Seaports
Florida has 16 publicly owned seaports located around the state. 35 The governing board of each seaport is a
government entity, either a county or city department, an independent special district, or an independent port
authority. Florida law establishes the Florida Seaport Transportation and Economic Development (FSTED) Council,
comprised of the port directors of each of Florida’s sixteen seaports, along with representatives from FDOT and the
Department of Commerce. 36
Maritime Industrial Base
The term “maritime industrial base” refers to the commercial infrastructure and resources supporting the nation’s
shipbuilding and repair industry both for commercial as well as military purposes. In 2024, the Maritime Industrial
Base (MIB) Program was created within the U.S. Navy with a mission to ensure the nation’s industrial base is
prepared, capable, and resilient enough to meet the Navy’s long-term fleet requirements across submarines,
surface combatants, and the full spectrum of maritime platforms. 37 In the MIB Program, the U.S. Navy coordinates
with industry and state-level partners to invest in surface shipbuilding and munitions production, bringing
together necessary suppliers, technologies, and workforce partners to create a unified effort to modernize and
grow the nation’s shipbuilding capacity, preparedness, and resilience. 38 In 2025, the MIB Program’s supply chain
expansion and stabilization efforts managed 169 projects totaling $648 million across 32 states and engaged over
40,000 K-12 students through MIB-aligned education programs across 30 states. 39
On April 1, 2025, President Donald J. Trump issued an executive order outlining a policy and plan to revitalize and
rebuild domestic maritime industries and workforce to promote national security and economic prosperity. 40 The
order required various federal agencies, including Transportation, Commerce, Treasury, Homeland Security, and
the military, to coordinate on a plan to encourage and support workforce development and infrastructure
investment aimed at revitalizing U.S. shipbuilding-related industries. 41
Commercial Service Airport Security
Commercial Service Airports
Florida law defines the term “commercial service airport” to mean an airport providing commercial service,
including large, medium, small, and nonhub airports as classified by the Federal Aviation Administration (FAA),
34 Id. at 173, 179-80, 192; Id. at 169 (holding that “courts should afford substantial deference and should not micromanage
those agency choices so long as they fall within a broad zone of reasonableness”).
35 Florida’s sixteen seaports are Port of Pensacola, Port Panama City, Port of Port St. Joe, Port Citrus, Port Tampa Bay, Port St.
Pete, Seaport Manatee, Port of Key West, PortMiami, Port Everglades, Port of Palm Beach, Port of Fort Pierce, Port Canaveral,
Port Putnam, Jaxport, and Port of Fernandina. Florida Seaport Transportation and Economic Development Council, 2025-2029
Seaport Mission Plan, at page 6, available at https://flaports.org/wp-content/uploads/2025_SeaportMissionPlan.pdf (last
visited Jan. 14, 2026).
36 Id. at page 3.; see also s. 311.09(1), F.S.
37 U.S. Navy, Maritime Industrial Base, 2025 Maritime Industrial Base Program: Year in Review, at page 4.
https://www.secnav.navy.mil/rda/mib/Documents/2025%20Year%20in%20Review%20Report.pdf (last visited Jan. 31,
2026).
38 Id. at 4-5.
39 Id. at 7-9.
40 White House, Executive Order, Restoring America’s Maritime Dominance, Apr. 9, 2025,
https://www.whitehouse.gov/presidential-actions/2025/04/restoring-americas-maritime-dominance/ (last visited Jan. 31,
2026).
41 Id.
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and the term includes all public airports with at least 2,500 passenger boardings each year and receiving scheduled
passenger aircraft service. 42
As of 2025, Florida had 20 commercial service airports. 43 These airports are St Pete-Clearwater International, in
Clearwater; Daytona Beach International, in Daytona Beach; Fort Lauderdale/Hollywood International and Fort
Lauderdale Exec, in Fort Lauderdale; Southwest Florida International, in Fort Myers; Gainesville Regional, in
Gainesville; Jacksonville International, in Jacksonville; Key West International, in Key West; Melbourne Orlando
International, in Melbourne; Miami International, in Miami; Orlando International, in Orlando; Northwest Florida
Beaches International, in Panama City; Pensacola International, in Pensacola; Punta Gorda Airport, in Punta Gorda;
Orlando Sanford International, in Sanford; Sarasota-Bradenton International, in Sarasota; Tallahassee
International, in Tallahassee; Tampa International, in Tampa; Eglin AFB/Destin-Ft Walton Beach, in Valparaiso;
Vero Beach Regional, in Vero Beach; and Palm Beach International, in West Palm Beach. 44
U.S. Transportation Security Administration (TSA)
The U.S. Transportation Security Administration (TSA) was created in the wake of the September 11, 2001,
terrorist attacks in New York, Pennsylvania, and Virginia. 45 The TSA’s mission is to protect the nation's
transportation systems to ensure freedom of movement for people and commerce. 46 TSA conducts security
screening services at commercial airports, now screening all passengers into, out of, and within the United States. 47
However, TSA maintains a Screening Partnership Program (SPP) under which airport operators can apply to
receive security screening services from a qualified private company operating under a contract with TSA and in
compliance with applicable TSA security screening procedures. 48
Currently, there are three Florida airports receiving security screening services from private providers under the
TSA’s SPP program: Orlando Sanford International, in Sanford; Punta Gorda Airport, in Punta Gorda; and Sarasota-
Bradenton International, in Sarasota. 49
Vehicle Regulation
Personal Delivery Devices
Under current Florida law, a personal delivery device (PDD) is an electrically powered device that:
• Is operated on sidewalks and crosswalks and intended primarily for transporting property;
• Has a weight that does not exceed the maximum weight established by FDOT rule;
• Has a maximum speed of 10 miles per hour; and
• Is equipped with technology to allow for operation of the device with or without the active control or
monitoring of a natural person. 50
PDDs are not considered vehicles unless expressly defined by law as such. 51 PDDs do not have any dimensional
requirements under current Florida law. A PDD may operate on sidewalks and crosswalks where it has all the
42 S. 332.0075(1)(a), F.S.; 47 U.S.C. § 47102(7). The FAA classifies airports as commercial, reliever, and general aviation
airports. See FAA, Airport Categories, https://www.faa.gov/airports/planning_capacity/categories (last visited Jan. 30, 2026).
43 FAA, National Plan of Integrated Airport Systems (2025-2029) – Appendix A: List of NPIAS Airports, available at
https://www.faa.gov/sites/faa.gov/files/airports/planning_capacity/npias/current/ARP-NPIAS-2025-2029-Appendix-A.pdf
(last visited Jan. 30, 2026).
44 Id.
45 TSA, Mission, https://www.tsa.gov/about/tsa-mission (last visited Jan. 31, 2026).
46 Id.
47 U.S. Dep’t of Homeland Security, Transportation Security, https://www.dhs.gov/topics/transportation-security (last visited
Jan. 31, 2026).
48 TSA, Screening Partnership Program, https://www.tsa.gov/for-industry/screening-partnerships (last visited Jan. 31, 2026).
49 Id.
50 S. 316.003(59), F.S.
51 Id.
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rights and duties applicable to a pedestrian, except that a PDD may not unreasonably interfere with pedestrians or
traffic and must yield the right-of-way to pedestrians on the sidewalk or crosswalk. 52
A PDD must obey all official traffic and pedestrian control signals and devices, display identifying information, and
be equipped with a braking system. 53 Under current Florida law, a PDD may not:
• Operate on a public highway except to the extent necessary to cross a crosswalk;
• Operate on a sidewalk or crosswalk unless the PDD operator is actively controlling or monitoring its
navigation and operation; or
• Transport hazardous materials. 54
Advanced Air Mobility
Advanced air mobility (AAM) is an umbrella term for aircraft that are typically highly automated, electrically
powered, and have vertical take-off and landing capability. 55
Numerous uses for AAM are being explored, including air taxi, air cargo, or public services. Air taxi uses feature
passenger transportation within and around urban and regional areas, including routes connecting city centers to
airports or to neighboring city centers. Air cargo uses feature cargo transportation supporting the middle-mile of
logistics, generally seen as from the cargo port to the distribution center. Public service uses, such as search and
rescue, disaster relief, and air ambulance operations are other catalysts for innovation in AAM.
FDOT is currently laying the groundwork to build an intercity AAM “Aerial Highway Network” to connect major
metropolitan areas across Florida. 56 In addition to performing research and development at its SunTrax test facility
to accelerate operational viability, FDOT is developing custom curriculums to establish unique requirements for
licensing to safely operate within the AAM Network. 57
SunTrax, located in Polk County, has been designated as the research and development testing hub of the Florida’s
AAM program. 58 Early development phases of vertiport demonstration will consist of a passenger terminal, at-
grade vertiports, access roads with vehicle staging, eVTOL 59 parking positions and charging station, and research
and development hangar. 60
Criminal Violations
Shooting or Throwing Into Dwellings, Buildings, and Vehicles
Florida law provides that it is a second-degree felony to wantonly or maliciously shoot, or to throw any hard
substance which would produce death or great bodily harm, at, within, or in:
• Any public or private building, whether occupied or unoccupied;
52 S. 316.008(7), F.S.
53 S. 316.2071, F.S.
54 Id.
55 Federal Aviation Administration, Advanced Air Mobility: Air Taxis, https://www.faa.gov/air-taxis (last visited Feb. 3, 2026).
56 FDOT, From the Ground to the Skies: Florida’s Aerial Highway Network, November 2025, available at
https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/aviation/aam/fdot-2025-advanced-
mobility_strategy.pdf?sfvrsn=19eb551c_1 (last visited Feb. 3, 2026).
57 Id.
58 Central Florida Development Council, SunTrax Named Florida’s Home for Advanced Air Mobility, Positioning Polk as Statewide
Innovation Leader, Nov. 18, 2025, https://www.cfdc.org/suntrax-named-floridas-home-for-advanced-air-mobility-
positioning-polk-as-statewide-innovation-leader/ (last visited Feb. 3, 2026).
59 The term “eVTOL” refers to electric-powered aircraft that vertically take off and land, typically designed to carry two to six
people, including a pilot. See Matthew Urwin, What are eVTOLs? Are They the Future of Aviation? Electricity-powered Flying
Taxis are Almost Ready for Liftoff, updated Sep. 12, 2025, available at https://builtin.com/articles/evtol-aircraft (last visited
Feb. 2, 2026).
60 SunTrax, SunTrax Air, https://suntraxfl.com/suntrax-air/ (last visited Feb. 3, 2026).
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• Any vehicle of any kind which is being used or occupied by any person;
• Any boat, vessel, ship, or barge lying in or plying the waters of this state; or
• Any aircraft flying through the airspace of the state. 61
Criminal Mischief
A person commits criminal mischief by willfully and maliciously injuring or damaging any real or personal
property of another, including by vandalism or graffiti. 62 If the damage is $200 or less, the offense is a second-
degree misdemeanor; if it is between $200 and $1000, the offense is a first-degree misdemeanor; if the damage is
$1,000 or greater, or if it causes interruption or impairment of a business operation or any public service which
costs $1,000 or more in labor and supplies to restore, the offense is a third-degree felony. 63 An offender with a
previous criminal mischief convictions who commits a subsequent violation is charged with a third-degree felony,
regardless of the amount of damage. 64
Additionally, certain violations are also enhanced to the level of a third-degree felony, including when a person
damages a:
• Church, synagogue, mosque, or other place of worship, or a religious article therein, if the damage to the
property is greater than $200. 65
• A memorial 66 or historic property, 67 if the damage is valued at greater than $200. 68
• Public telephone, under certain circumstances, regardless of the value of the damage. 69
• Sexually violent predator 70 detention or commitment facility, if the damage is valued at greater than
$200. 71
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Economic Keating Rubottom
Infrastructure Subcommittee
61 S. 790.17, F.S.
62 S. 806.13(1)(a), F.S.
63 S. 806.13(1)(b), F.S.
64 Id.
65 S. 806.13(2), F.S.
66 “Memorial” means a plaque, statue, marker, flag, banner, cenotaph, religious symbol, painting, seal, tombstone, structure
name, or display that is constructed and located with the intent of being permanently displayed or perpetually maintained; is
dedicated to a historical person, an entity, an event, or a series of events; and honors or recounts the military service of any
past or present United States Armed Forces military personnel, or the past or present public service of a resident of the
geographical area comprising the state or the United States. The term includes, but is not limited to, certain memorials
established under ch. 265, F.S. S. 806.135(1)(b), F.S.
67 “Historic property” means any building, structure, site, or object that has been officially designated as a historic building,
historic structure, historic site, or historic object through a federal, state, or local designation program. S. 806.135(1)(a), F.S.
68 S. 806.13(3), F.S.
69 S. 806.13(5), F.S.
70 The term “sexually violent predator” means any person who (a) has been convicted of a sexually violent offense; and (b)
suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if
not confined in a secure facility for long-term control, care, and treatment. S. 394.912(10), F.S.
71 S. 806.13(6), F.S.
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1 A bill to be entitled
2 An act relating to transportation; amending s.
3 260.0142, F.S.; requiring the Florida Greenways and
4 Trails Council to meet within a specified time to
5 update specified recommendations; amending s. 311.14,
6 F.S.; requiring each seaport to include specified
7 strategies for obtaining and maintaining critical
8 infrastructure resources as part of a 10-year
9 strategic plan; creating s. 311.26, F.S.; requiring
10 the Department of Transportation to coordinate with
11 certain entities for a specified purpose; amending s.
12 316.003, F.S.; revising the definition of the term
13 "personal delivery device"; amending s. 316.008, F.S.;
14 authorizing a personal delivery device to be operated
15 in specified areas; providing an exception; amending
16 s. 316.2071, F.S.; authorizing a personal delivery
17 device to operate in specified areas; providing an
18 exception; prohibiting a personal delivery device or
19 mobile carrier from interfering with bicyclists and
20 motor vehicles; prohibiting a personal delivery device
21 or mobile carrier from operating in specified areas
22 unless certain conditions are met; authorizing the
23 department to adopt rules; amending s. 330.41, F.S.;
24 prohibiting a political subdivision from taking
25 certain actions against a drone delivery service on a
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26 commercial property; removing a limitation relating to
27 drone ports; providing that the addition of a drone
28 delivery service within the parking area of a
29 commercial property does not reduce the number of
30 parking spaces for a specified purpose; amending s.
31 332.001, F.S.; revising powers and duties of the
32 department with respect to airport systems in this
33 state; amending s. 332.006, F.S.; requiring the
34 department to coordinate with certain airports for a
35 specified purpose; amending s. 332.0075, F.S.;
36 requiring commercial service airports to provide
37 methods for obtaining and maintaining critical
38 infrastructure resources; amending s. 334.03, F.S.;
39 creating and modifying definitions for purposes of the
40 Florida Transportation Code; amending s. 334.044,
41 F.S.; providing and revising powers and duties of the
42 department; amending s. 334.63, F.S.; providing state
43 policy; requiring a governmental entity to include
44 certain information in specified publications;
45 defining the terms "nonpecuniary factor" and "net-zero
46 policies"; amending s. 341.041, F.S.; providing that
47 certain provisions relating to paratransit services
48 apply only to persons with disabilities; amending s.
49 790.19, F.S.; providing penalties for shooting into or
50 throwing deadly missiles into an occupied or
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51 unoccupied autonomous vehicle; amending s. 806.13,
52 F.S.; providing penalties for defacing, injuring, or
53 damaging an autonomous vehicle; amending s. 921.0022,
54 F.S.; conforming a cross-reference; providing an
55 effective date.
56
57 Be It Enacted by the Legislature of the State of Florida:
58
59 Section 1. Paragraph (h) of subsection (4) of section
60 260.0142, Florida Statutes, is amended to read:
61 260.0142 Florida Greenways and Trails Council;
62 composition; powers and duties.—
63 (4) The duties of the council include the following:
64 (h) Make recommendations for updating and revising the
65 implementation plan for the Florida Greenways and Trails System,
66 including, but not limited to, recommendations for
67 prioritization of regionally significant trails within the
68 Florida Shared-Use Nonmotorized Trail Network. The council shall
69 meet within 90 days after the Department of Transportation
70 submits its report pursuant to s. 339.81(8) to update its
71 recommendations for prioritization of regionally significant
72 trails within the network.
73 Section 2. Paragraph (b) of subsection (2) of section
74 311.14, Florida Statutes, is amended to read:
75 311.14 Seaport planning.—
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76 (2) Each port shall develop a strategic plan with a 10-
77 year horizon. Each plan must include the following:
78 (b) An infrastructure development and improvement
79 component that identifies all projected infrastructure
80 improvements within the plan area which require improvement,
81 expansion, or development in order for a port to attain a
82 strategic advantage for competition with national and
83 international competitors. This component must provide
84 strategies for obtaining and maintaining critical infrastructure
85 resources for the port and its tenants. Such strategies must
86 include long-term contracts, rights of first refusal regarding
87 the sale or lease of property storing such resources, and
88 contingency plans for obtaining such resources. For purposes of
89 this paragraph, the term "critical infrastructure resources,"
90 includes, but is not limited to, access to electricity, fuel,
91 and water resources.
92
93 To the extent feasible, the port strategic plan must be
94 consistent with the local government comprehensive plans of the
95 units of local government in which the port is located. Upon
96 approval of a plan by the port's board, the plan shall be
97 submitted to the Florida Seaport Transportation and Economic
98 Development Council.
99 Section 3. Section 311.26, Florida Statutes, is created to
100 read:
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101 311.26 Florida Seaport Maritime Industrial Base.—The
102 Department of Transportation shall coordinate with the
103 Department of Commerce and the ports listed in s. 311.09, the
104 United States Department of Commerce, and the United States
105 Department of War to identify and prioritize key maritime
106 components in the supply chain which are essential to
107 strengthening and expanding this state's maritime industrial
108 base. The ports listed in s. 311.09 shall support projects
109 evaluated by the Department of Transportation, which shall
110 directly support the construction, maintenance, and
111 modernization of both commercial vessels, including cargo
112 vessels, and vessels designed for national defense. Projects
113 shall be evaluated based on the return on invested capital, job
114 creation, and contribution to the economic competitiveness of
115 this state and based on support for the national security
116 interests of the United States. Additional considerations shall
117 include the anticipated enhancement of this state's commercial
118 maritime capabilities.
119 Section 4. Subsection (59) of section 316.003, Florida
120 Statutes, is amended to read:
121 316.003 Definitions.—The following words and phrases, when
122 used in this chapter, shall have the meanings respectively
123 ascribed to them in this section, except where the context
124 otherwise requires:
125 (59) PERSONAL DELIVERY DEVICE.—An electrically powered
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126 device that:
127 (a) Is operated on sidewalks, and crosswalks, bicycle
128 lanes, bicycle paths, or shoulders on streets, roadways, or
129 highways, excluding limited access facilities, and intended
130 primarily for transporting property;
131 (b) Has a weight that does not exceed the maximum weight
132 established by Department of Transportation rule;
133 (c) Operates at Has a maximum speed of 10 miles per hour
134 on sidewalks and crosswalks and 20 miles per hour on bicycle
135 lanes, bicycle paths, or shoulders on streets, roadways, or
136 highways, excluding limited access facilities; and
137 (d) Is equipped with technology to allow for operation of
138 the device with or without the active control or monitoring of a
139 natural person.
140
141 A personal delivery device is not considered a vehicle unless
142 expressly defined by law as a vehicle. A mobile carrier is not
143 considered a personal delivery device. The Department of
144 Transportation may adopt rules to implement this subsection.
145 Section 5. Paragraph (b) of subsection (7) of section
146 316.008, Florida Statutes, is amended to read:
147 316.008 Powers of local authorities.—
148 (7)
149 (b)1. Except as provided in subparagraph 2., a personal
150 delivery device may be operated on sidewalks, crosswalks,
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151 bicycle lanes, bicycle paths, or shoulders on streets, roadways,
152 or highways, excluding limited access facilities, and a mobile
153 carrier may be operated on sidewalks and crosswalks within a
154 county or municipality when such use is permissible under
155 federal law. This paragraph does not restrict a county or
156 municipality from otherwise adopting regulations for the safe
157 operation of personal delivery devices and mobile carriers.
158 2. A personal delivery device may not be operated on the
159 Florida Shared-Use Nonmotorized Trail Network created under s.
160 339.81 or components of the Florida Greenways and Trails System
161 created under chapter 260.
162 Section 6. Subsections (1) and (3) of section 316.2071,
163 Florida Statutes, are amended, and subsection (5) is added to
164 that section, to read:
165 316.2071 Personal delivery devices and mobile carriers.—
166 (1) Notwithstanding any provision of law to the contrary,
167 a personal delivery device may operate on sidewalks, crosswalks,
168 bicycle lanes, bicycle paths, or shoulders on streets, roadways,
169 or highways, excluding limited access facilities, and a or
170 mobile carrier may operate on sidewalks and crosswalks, subject
171 to s. 316.008(7)(b). Such A personal delivery device or mobile
172 carrier operating on a sidewalk or crosswalk has all the rights
173 and duties applicable to a pedestrian under the same
174 circumstances. A, except that the personal delivery device or
175 mobile carrier may must not unreasonably interfere with
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176 pedestrians, bicyclists, and motor vehicles or traffic and must
177 yield the right-of-way to pedestrians on the sidewalk or
178 crosswalk.
179 (3) A personal delivery device and a mobile carrier may
180 not:
181 (a) Operate on a sidewalk, crosswalk, bicycle lane, or
182 shoulder on a street, roadway, or highway, excluding a limited
183 access facility, unless the personal delivery device or mobile
184 carrier meets minimum criteria established by the Department of
185 Transportation public highway except to the extent necessary to
186 cross a crosswalk.
187 (b) Operate on a sidewalk, or crosswalk, bicycle lane,
188 bicycle path, or shoulder on a street, roadway, or highway,
189 excluding a limited access facility, unless a human who is an
190 agent of the personal delivery device operator is capable of
191 actively controlling and or monitoring the navigation and
192 operation of the personal delivery device or a mobile carrier
193 owner remains within 25 feet of the mobile carrier.
194 (c) Transport hazardous materials as defined in s.
195 316.003.
196 (d) For mobile carriers, transport persons or animals.
197 (5) The Department of Transportation may adopt rules to
198 implement this section.
199 Section 7. Paragraph (c) of subsection (3) of section
200 330.41, Florida Statutes, is amended, and a new paragraph (e) is
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201 added to that subsection, to read:
202 330.41 Unmanned Aircraft Systems Act.—
203 (3) REGULATION.—
204 (c) Except as otherwise expressly provided, a political
205 subdivision may not withhold issuance of a business tax receipt,
206 development permit, or other conditional use approval to a drone
207 delivery service on a commercial property or enact or enforce an
208 ordinance or resolution that prohibits a drone delivery
209 service's operation based on the location of its drone port,
210 notwithstanding part II of chapter 163 and chapter 205. A
211 political subdivision may enforce minimum setback and
212 landscaping regulations that are generally applicable to
213 permitted uses in the drone port site's zoning district. This
214 paragraph may not be construed to authorize a political
215 subdivision to require additional landscaping as a condition of
216 approval of a drone port.
217 (e) The addition of a drone delivery service within the
218 parking area of a commercial property does not reduce the number
219 of parking spaces for the purpose of meeting applicable minimum
220 parking requirements.
221 Section 8. Subsection (1) of section 332.001, Florida
222 Statutes, is amended to read:
223 332.001 Aviation; powers and duties of the Department of
224 Transportation.—
225 (1) It shall be the duty, function, and responsibility of
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226 the Department of Transportation to plan and direct investments
227 in airport systems in this state to facilitate the efficient
228 movement of passengers and cargo and to continuously improve the
229 experience for the flying public and the supply chain of this
230 state's businesses. In carrying out this duty and
231 responsibility, the department may assist and advise, cooperate,
232 and coordinate with the federal, state, local, or private
233 organizations and individuals in planning such systems of
234 airports.
235 Section 9. Subsection (10) is added to section 332.006,
236 Florida Statutes, to read:
237 332.006 Duties and responsibilities of the Department of
238 Transportation.—The Department of Transportation shall, within
239 the resources provided to the department:
240 (10) Coordinate with commercial service airports in this
241 state to review United States Transportation Security
242 Administration policies and programs, including programs for
243 veterans and active duty members of the United States Armed
244 Forces and their families to increase the efficiency of
245 passenger screening and the overall customer service experience
246 of the flying public.
247 Section 10. Subsections (4), (5), and (6) of section
248 332.0075, Florida Statutes, are renumbered as subsections (5),
249 (6), and (7), respectively, and subsection (4) is added to that
250 section, to read:
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251 332.0075 Commercial service airports; transparency and
252 accountability; penalty.—
253 (4) Notwithstanding any other provision of law, commercial
254 service airports must provide methods for obtaining and
255 maintaining critical infrastructure resources for the airport,
256 its tenants, and the traveling public. Such strategies must
257 include long-term contracts and rights of first refusal
258 regarding the sale of and contingency plans for such resources.
259 For purposes of this paragraph, the term "critical
260 infrastructure resources," includes, but is not limited to,
261 access to electricity, fuel, and water resources.
262 Section 11. Subsections (1), (2), (3), (4), (5), (6), (7),
263 (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18),
264 (19), (20), (21), (22), (23), (24), (25), (26), (27), (28),
265 (29), (30), (31), (32), (33), (34), (35), (36), and (37) of
266 section 334.03, Florida Statutes, are renumbered as subsections
267 (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13),
268 (14), (15), (16), (17), (18), (19), (20), (21), (22), (23),
269 (24), (25), (26), (27), (28), (29), (30), (31), (32), (33),
270 (34), (35), (36), (37), and (38), respectively, renumbered
271 subsection (30) is amended, and subsection (1) is added to that
272 section, to read:
273 334.03 Definitions.—When used in the Florida
274 Transportation Code, the term:
275 (1) "Advanced air mobility corridor connection point"
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276 means any land area or transportation facility, including any
277 airspace, designated by the department as suitable to support
278 the efficient movement of people and goods by use as a
279 connection point for advanced air mobility.
280 (30)(29) "Transportation corridor" means any advanced air
281 mobility corridor connection point or any land area designated
282 by the state, a county, or a municipality which is between two
283 geographic points and which area is used or suitable for the
284 movement of people and goods by one or more modes of
285 transportation, including areas necessary for management of
286 access and securing applicable approvals and permits.
287 Transportation corridors, other than advanced air mobility
288 corridor connection points, shall contain, but are not limited
289 to, the following:
290 (a) Existing publicly owned rights-of-way;
291 (b) All property or property interests necessary for future
292 transportation facilities, including rights of access, air,
293 view, and light, whether public or private, for the purpose of
294 securing and utilizing future transportation rights-of-way,
295 including, but not limited to, any lands reasonably necessary
296 now or in the future for securing applicable approvals and
297 permits, borrow pits, drainage ditches, water retention areas,
298 rest areas, replacement access for landowners whose access could
299 be impaired due to the construction of a future facility, and
300 replacement rights-of-way for relocation of rail and utility
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301 facilities.
302 Section 12. Subsections (5), (20), and (21) of section
303 334.044, Florida Statutes, are amended, and subsections (40)
304 through (42) are added to that section, to read:
305 334.044 Powers and duties of the department.—The
306 department shall have the following general powers and duties:
307 (5) To purchase, lease, or otherwise acquire property and
308 materials, including the purchase of promotional items as part
309 of public information and education campaigns for the promotion
310 of environmental management, scenic highways, traffic and train
311 safety awareness, commercial motor vehicle safety, workforce
312 development, transportation economic development opportunities
313 electric vehicle use and charging stations, autonomous vehicles,
314 advanced air mobility, and context classification for electric
315 vehicles and autonomous vehicles; to purchase, lease, or
316 otherwise acquire equipment and supplies; and to sell, exchange,
317 or otherwise dispose of any property that is no longer needed by
318 the department.
319 (20) To operate and maintain research facilities
320 designated by the department, to conduct and enter into
321 contracts and agreements for compensation for conducting
322 research by the department and private entities studies, and to
323 collect data necessary for the improvement of the state
324 transportation system.
325 (21) To conduct and enter into contracts and agreements
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326 for research and demonstration projects relative to innovative
327 transportation technologies.
328 (40) To coordinate with local governments and
329 municipalities to review federal funding grant applications that
330 impact or may impact state-owned rights-of-way, roads, bridges,
331 and limited access facilities to the department for review and
332 approval before submission to the Federal Government or the
333 Federal Highway Administration.
334 (41) To coordinate with local governments to review and
335 develop applications for federal funding to ensure that each
336 project will have the maximum benefit to this state
337 transportation system, contributing to congestion relief and
338 infrastructure improvements.
339 (42) Notwithstanding s. 20.255(9), to serve as the point
340 of contact for statewide topographic aerial light detection and
341 ranging (LiDAR) procurement and cost sharing related to
342 statewide geographic information systems and geospatial data
343 sharing. The department may provide these services to other
344 state and local agencies by entering into an interagency
345 agreement consistent with chapter 216. Notwithstanding any other
346 law, including any charter provision, ordinance, statute, or
347 special law, all state and local agencies conducting programs or
348 exercising powers relating to topographic aerial LiDAR may enter
349 into interagency agreements consistent with chapter 216 with the
350 department for the provision by the department of topographic
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351 aerial LiDAR procurement and cost-sharing services, and to
352 delegate such authority to conduct programs or exercise powers
353 relating to topographic aerial LiDAR procurement and cost-
354 sharing services to the department pursuant to such interagency
355 agreements. The department may adopt rules pursuant to ss.
356 120.536(1) and 120.54 to implement this subsection.
357 Section 13. Subsection (3) is added to section 334.63,
358 Florida Statutes, to read:
359 334.63 Project concept studies and project development and
360 environment studies.—
361 (3)(a) It is the policy of this state that nonpecuniary
362 factors are not considerations in taxpayer-funded project
363 development and environmental studies. To the extent such
364 nonpecuniary factors are a requirement of federal law or as a
365 condition of receipt of federal transportation funding, a
366 governmental entity must include the following in any
367 publication, document, report, presentation, webpage, or digital
368 application:
369 1. A written statement that federal law requires such
370 considerations as part of the project development and
371 environmental study in question and a reference to such federal
372 law.
373 2. The amount of taxpayer funding required to make such
374 considerations, including the approximate increase in costs
375 related to nonpecuniary factors.
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376 3. The estimated cost increase for all project phases for
377 the overall recommended project when nonpecuniary factors are
378 considered.
379 (b) For purposes of this subsection, the term
380 "nonpecuniary factor" includes any of the following:
381 1. Considerations related to social justice, including
382 diversity, equity, and inclusion or the placement of highways or
383 transportation facilities having a disproportionate effect or
384 impact on a specific demographic;
385 2. Considerations related to environmental justice,
386 including the social or cultural environment being impacted by
387 the actions;
388 3. Sociocultural effect evaluations; or
389 4. Additional considerations related to climate alarmism,
390 including any benchmark, standard, threshold, goal, or
391 requirement related to emissions, motor vehicle fuel sources,
392 decarbonization, and net-zero policies. For purposes of this
393 subparagraph, the term "net-zero policies" means achieving a
394 balance between the total amount of greenhouse gases released
395 into the atmosphere and the amount removed. The term does not
396 include standard reviews related to section 4(f) requirements
397 outlined in 49 U.S.C. s. 303 and 23 U.S.C. s. 138.
398 Section 14. Subsection (16) of section 341.041, Florida
399 Statutes, is amended to read:
400 341.041 Transit responsibilities of the department.—The
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401 department shall, within the resources provided pursuant to
402 chapter 216:
403 (16) Unless otherwise provided by state or federal law,
404 ensure that all grants and agreements between the department and
405 entities providing paratransit services to persons with
406 disabilities include, at a minimum, the following provisions:
407 (a) Performance requirements for the delivery of services,
408 including clear penalties for repeated or continuing violations;
409 (b) Minimum liability insurance requirements for all
410 transportation services purchased, provided, or coordinated for
411 the transportation disadvantaged, as defined in s. 427.011(1),
412 through the contracted vendor or subcontractor thereof;
413 (c) Complaint and grievance processes for users of
414 paratransit services for persons with disabilities users,
415 including a requirement that all reported complaints,
416 grievances, and resolutions be reported to the department on a
417 quarterly basis; and
418 (d) A requirement that the provisions of paragraphs (a),
419 (b), and (c) must be included in any agreement between an entity
420 receiving a grant or an agreement from the department and such
421 entity's contractors or subcontractors that provide paratransit
422 services for persons with disabilities.
423 Section 15. Section 790.19, Florida Statutes, is amended
424 to read:
425 790.19 Shooting into or throwing deadly missiles into
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426 occupied or unoccupied dwellings, public or private buildings,
427 occupied or not occupied; vessels, aircraft, public or private
428 buses, railroad cars, streetcars, or other vehicles.—Any person
429 who Whoever, wantonly or maliciously, shoots at, within, or
430 into, or throws any missile or hurls or projects a stone or
431 other hard substance which would produce death or great bodily
432 harm, at, within, or into, in any occupied or unoccupied public
433 or private building; any, occupied or unoccupied, or public or
434 private bus; or any train, locomotive, railway car, caboose,
435 cable railway car, street railway car, monorail car, or vehicle
436 of any kind which is being used or occupied by any person; any
437 occupied or unoccupied autonomous vehicle;, or any boat, vessel,
438 ship, or barge lying in or plying the waters of this state;, or
439 any aircraft flying through the airspace of this state commits
440 shall be guilty of a felony of the second degree, punishable as
441 provided in s. 775.082, s. 775.083, or s. 775.084.
442 Section 16. Subsections (2) through (12) of section
443 806.13, Florida Statutes, are renumbered as subsections (3)
444 through (13), respectively, present subsection (11) is amended,
445 and a new subsection (2) is added to that section, to read:
446 806.13 Criminal mischief; penalties; penalty for minor.—
447 (2) Any person who willfully or maliciously defaces,
448 injures, or damages by any means any autonomous vehicle, as
449 defined in s. 316.003(3), commits a felony of the third degree,
450 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
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451 if the damage to the autonomous vehicle is greater than $200.
452 (12)(11) A minor whose driver license or driving privilege
453 is revoked, suspended, or withheld under subsection (11) (10)
454 may elect to reduce the period of revocation, suspension, or
455 withholding by performing community service at the rate of 1 day
456 for each hour of community service performed. In addition, if
457 the court determines that due to a family hardship, the minor's
458 driver license or driving privilege is necessary for employment
459 or medical purposes of the minor or a member of the minor's
460 family, the court shall order the minor to perform community
461 service and reduce the period of revocation, suspension, or
462 withholding at the rate of 1 day for each hour of community
463 service performed. As used in this subsection, the term
464 "community service" means cleaning graffiti from public
465 property.
466 Section 17. Paragraph (b) of subsection (3) of section
467 921.0022, Florida Statutes, is amended to read:
468 921.0022 Criminal Punishment Code; offense severity
469 ranking chart.—
470 (3) OFFENSE SEVERITY RANKING CHART
471 (b) LEVEL 2
472
Florida Felony
Statute Degree Description
473
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365.172 3rd Misuse of emergency
(14)(b)1. communications system causing
great bodily harm, permanent
disfigurement, or permanent
disability.
474
379.2431 3rd Possession of 11 or fewer
(1)(e)3. marine turtle eggs in violation
of the Marine Turtle Protection
Act.
475
379.2431 3rd Possession of more than 11
(1)(e)4. marine turtle eggs in violation
of the Marine Turtle Protection
Act.
476
403.413(6)(c) 3rd Dumps waste litter exceeding
500 lbs. in weight or 100 cubic
feet in volume or any quantity
for commercial purposes, or
hazardous waste.
477
517.07(2) 3rd Failure to furnish a prospectus
meeting requirements.
478
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590.28(1) 3rd Intentional burning of lands.
479
784.03(3) 3rd Battery during a riot or an
aggravated riot.
480
784.05(3) 3rd Storing or leaving a loaded
firearm within reach of minor
who uses it to inflict injury
or death.
481
787.04(1) 3rd In violation of court order,
take, entice, etc., minor
beyond state limits.
482
806.13(1)(b)3. 3rd Criminal mischief; damage
$1,000 or more to public
communication or any other
public service.
483
806.13(4) 3rd Criminal mischief; damage of
806.13(3) $200 or more to a memorial or
historic property.
484
810.061(2) 3rd Impairing or impeding telephone
or power to a dwelling;
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facilitating or furthering
burglary.
485
810.09(2)(d) 3rd Trespassing on posted
commercial horticulture
property.
486
812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750
or more but less than $5,000.
487
812.014(2)(d)1. 3rd Grand theft, 3rd degree; $40 or
more but less than $750, taken
from dwelling or its unenclosed
curtilage.
488
812.014(2)(e)2. 3rd Petit theft, 1st degree; less
than $40 taken from dwelling or
its unenclosed curtilage with
one prior theft conviction.
489
812.015(7) 3rd Possession, use, or attempted
use of an antishoplifting or
inventory control device
countermeasure.
490
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817.234(1)(a)2. 3rd False statement in support of
insurance claim.
491
817.481(3)(a) 3rd Obtain credit or purchase with
false, expired, counterfeit,
etc., credit card, value over
$300.
492
817.52(3) 3rd Failure to redeliver hired
vehicle.
493
817.54 3rd With intent to defraud, obtain
mortgage note, etc., by false
representation.
494
817.60(5) 3rd Dealing in credit cards of
another.
495
817.60(6)(a) 3rd Forgery; purchase goods,
services with false card.
496
817.61 3rd Fraudulent use of credit cards
over $100 or more within 6
months.
497
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826.04 3rd Knowingly marries or has sexual
intercourse with person to whom
related.
498
831.01 3rd Forgery.
499
831.02 3rd Uttering forged instrument;
utters or publishes alteration
with intent to defraud.
500
831.07 3rd Forging bank bills, checks,
drafts, or promissory notes.
501
831.08 3rd Possessing 10 or more forged
notes, bills, checks, or
drafts.
502
831.09 3rd Uttering forged notes, bills,
checks, drafts, or promissory
notes.
503
831.11 3rd Bringing into the state forged
bank bills, checks, drafts, or
notes.
504
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832.05(3)(a) 3rd Cashing or depositing item with
intent to defraud.
505
836.13(3) 3rd Soliciting an altered sexual
depiction of an identifiable
person without consent.
506
843.01(2) 3rd Resist police canine or police
horse with violence; under
certain circumstances.
507
843.08 3rd False personation.
508
843.19(3) 3rd Touch or strike police, fire,
SAR canine or police horse.
509
893.13(2)(a)2. 3rd Purchase of any s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs
other than cannabis.
510
893.147(2) 3rd Manufacture or delivery of drug
paraphernalia.
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511
512 Section 18. This act shall take effect July 1, 2026.
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