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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
A bill to be entitled 1
An act relating to transportation; amending s. 2
316.126, F.S.; requiring the driver of a vehicle to 3
perform certain actions in the presence of a disabled 4
motor vehicle; providing penalties; reenacting s. 5
318.18(2)(d), F.S., relating to the amount of certain 6
penalties, to incorporate the amendment made to s. 7
316.126, F.S., in a reference thereto; creating s. 8
316.83, F.S.; requiring the Department of 9
Transportation to coordinate with certain entities to 10
establish standards by which roads on the State 11
Highway System shall be graded according to their 12
compatibility with th e operation of autonomous 13
vehicles; providing factors to be considered by the 14
department in establishing such standards; requiring 15
established standards to be incorporated into 16
standards for certain transportation projects; 17
amending s. 333.03, F.S.; requir ing political 18
subdivisions to consider certain factors in airport 19
land use compatibility zoning regulations; authorizing 20
certain airport owners to establish noise contours 21
pursuant to a specified study accepted by the Federal 22
Aviation Administration to mit igate incompatible uses; 23
authorizing mitigation of potential incompatible uses 24
if a noise study has not been conducted; amending s. 25
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334.044, F.S.; revising the department's powers and 26
duties regarding a workforce development program; 27
creating s. 334.066, F .S.; establishing the 28
Implementing Solutions from Transportation Research 29
and Evaluating Emerging Technologies Living Lab (I -30
STREET) within the University of Florida; specifying 31
the duties of I-STREET; requiring I-STREET to submit 32
an annual report to the G overnor and Legislature; 33
requiring the creation of a certain advisory board; 34
specifying the composition of the board; amending s. 35
334.179, F.S.; limiting certification of aggregate 36
shipments to those in compliance with specified rules 37
of the department; pr ohibiting a producer of 38
aggregates from misrepresenting certification of 39
aggregates; creating s. 334.181, F.S.; requiring a 40
local governmental entity to accept an electronic 41
proof of delivery as an official record for a material 42
delivery on the local gover nmental entity's 43
transportation project; amending s. 337.11, F.S.; 44
requiring certain bridge construction or maintenance 45
contracts to require certain marine general liability 46
insurance; requiring the department to implement 47
strategies to reduce certain cost s and to make a 48
record of such strategies and projected savings 49
related thereto; authorizing the department to share a 50
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certain portion of construction cost savings with 51
certain consultants; amending s. 337.1101, F.S.; 52
revising procedures for resolving cert ain protests 53
through settlements requiring the payment of certain 54
amounts; amending s. 337.14, F.S.; revising a 55
limitation on the amount of a construction contract 56
for which a bidder may submit annual or interim 57
financial statements prepared by a certified public 58
accountant; revising the effect of submission and 59
approval of an application for a certificate of 60
qualification; authorizing submission of a written 61
request to maintain an existing certificate; amending 62
s. 337.168, F.S.; deleting an exemption from public 63
records requirements for identities of potential 64
transportation project bidders; amending s. 337.408, 65
F.S.; authorizing specific information panels in 66
specified rights-of-way; specifying the maximum height 67
or advertising space of modular news racks, specific 68
information panels, and advertising thereon; amending 69
s. 338.223, F.S.; deleting provisions prohibiting the 70
department from requesting legislative approval of a 71
proposed turnpike project until the design phase is 72
partially completed; amending s. 339.175, F.S.; 73
requiring one M.P.O. to be designated for each 74
urbanized area or group of contiguous urbanized areas; 75
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providing requirements for multiple M.P.O.'s 76
designated for a single area; removing the requirement 77
that an M.P.O. be involved in the progr amming of 78
transportation facilities; prohibiting an M.P.O. from 79
performing project production or delivery for certain 80
projects; revising duties of an M.P.O.; revising 81
duties of an M.P.O.'s technical advisory committee; 82
requiring the M.P.O.'s serving certai n counties to 83
submit a report to the Governor and Legislature by a 84
specified date; removing obsolete provisions; 85
authorizing multiple M.P.O.'s to merge into a single 86
M.P.O.; requiring multiple M.P.O.'s within a 87
contiguous urbanized area to coordinate plans and 88
transportation improvement programs and ensure 89
consistency of certain data; requiring an M.P.O.'s 90
transportation improvement program to indicate 91
coordination with transportation improvement plans of 92
other M.P.O.'s within a contiguous urbanized area; 93
revising powers and duties of the Metropolitan 94
Planning Organization Advisory Council; authorizing 95
the council to enter into certain contracts; providing 96
prohibitions; creating s. 339.661, F.S.; providing 97
legislative findings; requiring the department to gi ve 98
emphasis to addressing access and movement of 99
construction aggregate and other materials in 100
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transportation plans; requiring specified funding for 101
certain projects; specifying permissible projects; 102
requiring priority to be given to certain projects; 103
specifying the funding level authorized from the State 104
Transportation Trust Fund; creating s. 339.84, F.S.; 105
requiring specified funds to be allocated to the 106
department's construction workforce development 107
program for certain purposes; amending s. 354.01, 108
F.S.; requiring certain railroad police officers to be 109
recognized as special officers for certain purposes; 110
providing construction; removing provisions requiring 111
the Governor to appoint special officers; amending ss. 112
354.02, 354.05, and 784.07, F.S.; conforming 113
provisions to changes made by the act; amending s. 114
943.10, F.S.; revising definitions; providing an 115
effective date. 116
117
Be It Enacted by the Legislature of the State of Florida: 118
119
Section 1. Paragraph (b) of subsection (1) of section 120
316.126, Florida Statutes, is amended, and subsection (6) of 121
that section is republished, to read: 122
316.126 Operation of vehicles and actions of pedestrians ; 123
on approach of an authorized emergency, sanitation, or utility 124
service vehicle, wrecker, or road and bridge mainte nance or 125
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construction vehicle; presence of disabled motor vehicle .— 126
(1) 127
(b) If an authorized emergency vehicle displaying any 128
visual signals is parked on the roadside, a sanitation vehicle 129
is performing a task related to the provision of sanitation 130
services on the roadside, a utility service vehicle is 131
performing a task related to the provision of utility services 132
on the roadside, a wrecker displaying amber rotating or flashing 133
lights is performing a recovery or loading on the roadside, or a 134
road and bridge maintenance or construction vehicle displaying 135
warning lights is on the roadside without advance signs and 136
channelizing devices, or a disabled motor vehicle is stopped and 137
is displaying warning lights or hazard lights or is using 138
emergency flares or po sting emergency signage, the driver of 139
every other vehicle, as soon as it is safe: 140
1. Shall vacate the lane closest to the emergency vehicle, 141
sanitation vehicle, utility service vehicle, wrecker, or road 142
and bridge maintenance or construction vehicle , or disabled 143
motor vehicle when driving on an interstate highway or other 144
highway with two or more lanes traveling in the direction of the 145
emergency vehicle, sanitation vehicle, utility service vehicle, 146
wrecker, or road and bridge maintenance or construction vehicle, 147
or disabled motor vehicle except when otherwise directed by a 148
law enforcement officer. If such movement cannot be safely 149
accomplished, the driver shall reduce speed as provided in 150
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subparagraph 2. 151
2. Shall slow to a speed that is 20 miles per hou r less 152
than the posted speed limit when the posted speed limit is 25 153
miles per hour or greater; or travel at 5 miles per hour when 154
the posted speed limit is 20 miles per hour or less, when 155
driving on a two-lane road, except when otherwise directed by a 156
law enforcement officer. 157
(6) A violation of this section is a noncriminal traffic 158
infraction, punishable pursuant to chapter 318 as either a 159
moving violation for infractions of subsection (1) or subsection 160
(3), or as a pedestrian violation for infractions o f subsection 161
(2). 162
Section 2. For the purpose of incorporating the amendment 163
made by this act to section 316.126, Florida Statutes, in a 164
reference thereto, paragraph (d) of subsection (2) of section 165
318.18, Florida Statutes, is reenacted to read: 166
318.18 Amount of penalties. —The penalties required for a 167
noncriminal disposition pursuant to s. 318.14 or a criminal 168
offense listed in s. 318.17 are as follows: 169
(2) Thirty dollars for all nonmoving traffic violations 170
and: 171
(d) For all violations of s. 316.1 26(1)(b), unless 172
otherwise specified. 173
Section 3. Section 316.83, Florida Statutes, is created to 174
read: 175
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316.83 Autonomous vehicle grading standards for roads on 176
State Highway System. —The Department of Transportation shall 177
coordinate with federal, regi onal, and local partners, as well 178
as industry representatives, to establish standards by which 179
roads on the State Highway System shall be graded according to 180
their compatibility with the operation of autonomous vehicles. 181
In establishing such standards, the department shall consider 182
factors including, but not limited to, the structural adequacy 183
and safety of each road and the particular challenges that the 184
overall driving environment of each road may present to a fully 185
autonomous vehicle operating with the a utomated driving system 186
engaged. Autonomous vehicle grading standards established 187
pursuant to this section shall be incorporated into standards 188
for transportation projects involving the construction of new 189
roads or maintenance of existing roads on the Stat e Highway 190
System. 191
Section 4. Subsection (2) of section 333.03, Florida 192
Statutes, is amended to read: 193
333.03 Requirement to adopt airport zoning regulations. — 194
(2) In the manner provided in subsection (1), political 195
subdivisions shall adopt, administer, and enforce airport land 196
use compatibility zoning regulations. Airport land use 197
compatibility zoning regulations shall, at a minimum, consider 198
address the following: 199
(a) The prohibition of new landfills and the restriction 200
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of existing landfills within the following areas: 201
1. Within 10,000 feet from the nearest point of any runway 202
used or planned to be used by turbine aircraft. 203
2. Within 5,000 feet from the n earest point of any runway 204
used by only nonturbine aircraft. 205
3. Outside the perimeters defined in subparagraphs 1. and 206
2., but still within the lateral limits of the civil airport 207
imaginary surfaces defined in 14 C.F.R. s. 77.19. Case -by-case 208
review of such landfills is advised. 209
(b) Where any landfill is located and constructed in a 210
manner that attracts or sustains hazardous bird movements from 211
feeding, water, or roosting areas into, or across, the runways 212
or approach and departure patterns of aircraft. The landfill 213
operator must incorporate bird management techniques or other 214
practices to minimize bird hazards to airborne aircraft. 215
(c) Where an airport authority or other governing body 216
operating a public-use airport has conducted a noise study in 217
accordance with 14 C.F.R. part 150, or where a public -use 218
airport owner has established noise contours pursuant to another 219
public study accepted approved by the Federal Aviation 220
Administration, the mitigation prohibition of incompatible uses, 221
as established in the noise study in 14 C.F.R. part 150, 222
Appendix A or as a part of an alternative Federal Aviation 223
Administration-accepted Administration-approved public study, 224
within the noise contours established by any of these studies, 225
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except if such uses are specific ally contemplated by such study 226
with appropriate mitigation or similar techniques described in 227
the study. 228
(d) Where an airport authority or other governing body 229
operating a public-use airport has not conducted a noise study, 230
the mitigation prohibition of potential incompatible uses 231
associated with residential construction and any educational 232
facility, with the exception of aviation school facilities, 233
within an area contiguous to the airport measuring one -half the 234
length of the longest runway on either sid e of and at the end of 235
each runway centerline. 236
(e) The restriction of new incompatible uses, activities, 237
or substantial modifications to existing incompatible uses 238
within runway protection zones. 239
Section 5. Subsection (35) of section 334.044, Florida 240
Statutes, is amended to read: 241
334.044 Powers and duties of the department. —The 242
department shall have the following general powers and duties: 243
(35) To provide a road and bridge construction workforce 244
development program, in consultation with affected s takeholders, 245
for delivery construction of projects designated in the 246
department's work program. 247
Section 6. Section 334.066, Florida Statutes, is created 248
to read: 249
334.066 Implementing Solutions from Transportation 250
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Research and Evaluating Emerging Tech nologies Living Lab. — 251
(1) The Implementing Solutions from Transportation 252
Research and Evaluating Emerging Technologies Living Lab (I -253
STREET) is established within the University of Florida. 254
(2) At a minimum, I -STREET shall: 255
(a) Conduct and facilitate research on issues related to 256
innovative transportation mobility and safety technology 257
development and deployment in this state and serve as an 258
information exchange and depository for the most current 259
information pertaining to transportation research, edu cation, 260
workforce development, and related issues. 261
(b) Be a continuing resource for the Legislature, the 262
department, local governments, the nation's metropolitan 263
regions, and the private sector in the area of transportation 264
and related research. 265
(c) Promote intercampus transportation and related 266
research activities among Florida universities to enhance the 267
ability of these universities to attract federal and private 268
sector funding for transportation and related research. 269
(d) Provide by July 1, 2024, and each July 1 thereafter, 270
to the Governor, the President of the Senate, and the Speaker of 271
the House of Representatives a comprehensive report that 272
outlines its clearly defined goals and its efforts and progress 273
on reaching those goals. 274
(3) An advisory board shall be created to periodically 275
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review and advise I-STREET concerning its research program. The 276
board shall consist of nine members with expertise in 277
transportation-related areas, as follows: 278
(a) A member appointed by the President of the Senate . 279
(b) A member appointed by the Speaker of the House of 280
Representatives. 281
(c) The Secretary of Transportation or his or her 282
designee. 283
(d) The Secretary of Economic Opportunity or his or her 284
designee. 285
(e) A member of the Florida Transportation Commis sion. 286
(f) Four members nominated by the University of Florida's 287
College of Engineering and approved by the university's 288
president. The College of Engineering's nominees may include 289
representatives of the University of Florida, other academic and 290
research institutions, or private entities. 291
Section 7. Section 334.179, Florida Statutes, is amended 292
to read: 293
334.179 Department standards or specifications for 294
permissible use of aggregates ; misrepresentation of 295
certification.— 296
(1) Notwithstanding any law, rule, or ordinance to the 297
contrary, a local government may not adopt standards or 298
specifications that are contrary to the department standards or 299
specifications for permissible use of aggregates that have been 300
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certified for use. For purposes of this section, the term 301
"certified for use" means that the aggregates have been 302
certified by the producer in compliance accordance with 303
department rules adopted pursuant to s. 334.044(10)(d) . This 304
section does not apply to a multicounty inde pendent special 305
district created by a special act of the Legislature. 306
(2) A producer may not represent that an aggregate is 307
certified for use unless such aggregate is in compliance with 308
department rules adopted pursuant to s. 334.044(10)(d). 309
Section 8. Section 334.181, Florida Statutes, is created 310
to read: 311
334.181 Electronic proof of delivery. —Notwithstanding any 312
law, rule, or ordinance to the contrary, a local governmental 313
entity must accept an electronic proof of delivery as an 314
official record for a material delivery on the local 315
governmental entity's transportation project. 316
Section 9. Subsections (15) and (16) of section 337.11, 317
Florida Statutes, are renumbered as subsections (18) and (19), 318
respectively, and new subsections (15), (16), and (17 ) are added 319
to that section to read: 320
337.11 Contracting authority of department; bids; 321
emergency repairs, supplemental agreements, and change orders; 322
combined design and construction contracts; progress payments; 323
records; requirements of vehicle registra tion.— 324
(15) Each contract let by the department for performance 325
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of bridge construction or maintenance over navigable waters must 326
contain a provision requiring marine general liability 327
insurance, in an amount to be determined by the department, 328
which covers third-party personal injury and property damage 329
caused by vessels used by the contractor in the performance of 330
the work. 331
(16) The department shall implement strategies to reduce 332
the cost of all project phases, including design, construction, 333
and inspection, while ensuring that the design and construction 334
of projects meet applicable federal and state standards. The 335
department shall make a record of such strategies and the 336
projected savings related thereto. 337
(17) The department may share a portion of th e 338
construction cost savings realized due to a change in the 339
construction contract design and scope, initiated after 340
execution of the contract, with a design services consultant or 341
a construction engineering and inspection services consultant to 342
the extent that the consultant's input and involvement 343
contributed to such savings. The amount paid to a consultant 344
pursuant to this subsection may not exceed 10 percent of the 345
construction cost savings realized. 346
Section 10. Subsection (1) of section 337.1101, Fl orida 347
Statutes, is amended to read: 348
337.1101 Contracting and procurement authority of the 349
department; settlements; notification required. — 350
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(1) When the department, or any entity or enterprise 351
within the department, determines that it is in the best 352
interest of the public to resolve a protest filed in accordance 353
with s. 120.57(3) of the award of a contract being procured 354
pursuant to s. 337.11 or related to the purchase of personal 355
property or contractual services being procured pursuant to s. 356
287.057, through a settlement that requires the department to 357
pay a nonselected responsive bidder a total sum of $1 million or 358
more, including any amount paid pursuant to s. 334.049, any 359
amount paid pursuant to s. 337.11(8) which is not included in 360
the department's work program approved by the Legislature as 361
part of the General Appropriations Act , or any amount paid 362
pursuant to any other law, the department must: 363
(a) Document in a written memorandum by the secretary the 364
specific reasons that such settlement and paym ent to a 365
nonselected responsive bidder is in the best interest of the 366
state. The written memorandum must be included and maintained in 367
the department's permanent files concerning the procurement and 368
must include: 369
1. A description of the property rights, patent rights, 370
copyrights, trademarks, or the engineering design or other 371
design work that the department will acquire or retain as a 372
result of such settlement; and 373
2. The specific appropriation in the existing General 374
Appropriations Act which the depart ment intends to use to 375
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provide such payment. 376
(b) Provide prior written notification to the President of 377
the Senate, the Speaker of the House of Representatives, the 378
Senate and House of Representatives minority leaders, the chair 379
and vice chair of the Leg islative Budget Commission, and the 380
Attorney General at least 5 business days, or as soon thereafter 381
as practicable, before the department makes the settlement 382
agreement final. Such written notification must include the 383
written memorandum required pursuant to paragraph (a). 384
(c) Provide, at the time settlement discussions regarding 385
any such payment have begun in earnest, written notification of 386
such discussions to the President of the Senate, the Speaker of 387
the House of Representatives, the Senate and Hous e of 388
Representatives minority leaders, the chair and vice chair of 389
the Legislative Budget Commission, and the Attorney General. 390
Section 11. Subsections (1) and (4) of section 337.14, 391
Florida Statutes, are amended to read: 392
337.14 Application for quali fication; certificate of 393
qualification; restrictions; request for hearing. — 394
(1) Any contractor desiring to bid for the performance of 395
any construction contract in excess of $250,000 which the 396
department proposes to let must first be certified by the 397
department as qualified pursuant to this section and rules of 398
the department. The rules of the department must address the 399
qualification of contractors to bid on construction contracts in 400
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excess of $250,000 and must include requirements with respect to 401
the equipment, past record, experience, financial resources, and 402
organizational personnel of the applying contractor which are 403
necessary to perform the specific class of work for which the 404
contractor seeks certification. Any contractor who desires to 405
bid on contracts in excess of $50 million and who is not 406
qualified and in good standing with the department as of January 407
1, 2019, must first be certified by the department as qualified 408
and must have satisfactorily completed two projects, each in 409
excess of $15 million , for the department or for any other state 410
department of transportation. The department may limit the 411
dollar amount of any contract upon which a contractor is 412
qualified to bid or the aggregate total dollar volume of 413
contracts such contractor is allowed to have under contract at 414
any one time. Each applying contractor seeking qualification to 415
bid on construction contracts in excess of $250,000 shall 416
furnish the department a statement under oath, on such forms as 417
the department may prescribe, setting forth de tailed information 418
as required on the application. Each application for 419
certification must be accompanied by audited, certified 420
financial statements prepared in accordance with generally 421
accepted accounting principles and auditing standards by a 422
certified public accountant licensed in this state or another 423
state. The audited, certified financial statements must be for 424
the applying contractor and must have been prepared within the 425
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immediately preceding 12 months. The department may not consider 426
any financial information of the parent entity of the applying 427
contractor, if any. The department may not certify as qualified 428
any applying contractor who fails to submit the audited, 429
certified financial statements required by this subsection. If 430
the application or the annual financial statement shows the 431
financial condition of the applying contractor more than 4 432
months before the date on which the application is received by 433
the department, the applicant must also submit interim audited, 434
certified financial statements p repared in accordance with 435
generally accepted accounting principles and auditing standards 436
by a certified public accountant licensed in this state or 437
another state. The interim financial statements must cover the 438
period from the end date of the annual stat ement and must show 439
the financial condition of the applying contractor no more than 440
4 months before the date that the interim financial statements 441
are received by the department. However, upon the request of the 442
applying contractor, an application and acco mpanying annual or 443
interim financial statement received by the department within 15 444
days after either 4-month period under this subsection shall be 445
considered timely. An applying contractor desiring to bid 446
exclusively for the performance of construction co ntracts with 447
proposed budget estimates of less than $2 $1 million may submit 448
reviewed annual or reviewed interim financial statements 449
prepared by a certified public accountant. The information 450
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required by this subsection is confidential and exempt from s. 451
119.07(1). The department shall act upon the application for 452
qualification within 30 days after the department determines 453
that the application is complete. The department may waive the 454
requirements of this subsection for projects having a contract 455
price of $500,000 or less if the department determines that the 456
project is of a noncritical nature and the waiver will not 457
endanger public health, safety, or property. 458
(4) If the applicant is found to possess the prescribed 459
qualifications, the department shall i ssue to him or her a 460
certificate of qualification that, unless thereafter revoked by 461
the department for good cause, will be valid for a period of 18 462
months after the date of the applicant's financial statement or 463
such shorter period as the department presc ribes. Submission of 464
an application does and subsequent approval do not affect 465
expiration of the certificate of qualification , the ability 466
factor of the applicant, or the maximum capacity rating of the 467
applicant. An applicant may submit a written request w ith a 468
timely submitted application to keep an existing certificate of 469
qualification in place until the expiration date. If the request 470
is approved by the department, the current maximum capacity 471
rating of the applicant must remain in place until expiration of 472
the current certificate of qualification. If the department 473
finds that an application is incomplete or contains inadequate 474
information or information that cannot be verified, the 475
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department may request in writing that the applicant provide the 476
necessary information to complete the application or provide the 477
source from which any information in the application may be 478
verified. If the applicant fails to comply with the initial 479
written request within a reasonable period of time as specified 480
therein, the department shall request the information a second 481
time. If the applicant fails to comply with the second request 482
within a reasonable period of time as specified therein, the 483
application shall be denied. 484
Section 12. Subsection (2) of section 337.168, Flo rida 485
Statutes, is amended to read: 486
337.168 Confidentiality of official estimates , identities 487
of potential bidders, and bid analysis and monitoring system. — 488
(2) A document that reveals the identity of a person who 489
has requested or obtained a bid package , plan, or specifications 490
pertaining to any project to be let by the department is 491
confidential and exempt from the provisions of s. 119.07(1) for 492
the period that begins 2 working days before the deadline for 493
obtaining bid packages, plans, or specification s and ends with 494
the letting of the bid. A document that reveals the identity of 495
a person who has requested or obtained a bid package, plan, or 496
specifications pertaining to any project to be let by the 497
department before the 2 working days before the deadlin e for 498
obtaining bid packages, plans, or specifications remains a 499
public record subject to s. 119.07(1). 500
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Section 13. Subsection (3) of section 337.408, Florida 501
Statutes, is amended to read: 502
337.408 Regulation of bus stops, benches, transit 503
shelters, street light poles, waste disposal receptacles, and 504
modular news racks, and specific information panels within 505
rights-of-way.— 506
(3) Modular news racks or specific information panels , 507
including advertising thereon, may be located within the right -508
of-way limits of any municipal, county, or state road, except a 509
limited access highway, if provided the municipal government 510
within whose incorporated limits such racks or panels are 511
installed or the county government within whose unincorporated 512
limits such racks or panels are installed has passed an 513
ordinance regulating the placement of modular news racks or 514
specific information panels within the right-of-way and has 515
authorized a qualified private supplier of modular news racks or 516
specific information panels to provide such service. The modular 517
news rack, specific information panel, or advertising thereon 518
may shall not exceed a height of 105 56 inches or a total 519
advertising space of 56 square feet. No later than 45 days 520
before prior to installation of modular news ra cks or specific 521
information panels, the private supplier must shall provide a 522
map of proposed locations and typical installation plans to the 523
department for approval. If the department does not respond 524
within 45 days after receipt of the submitted plans, 525
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installation may proceed. 526
Section 14. Paragraph (a) of subsection (1) of section 527
338.223, Florida Statutes, is amended to read: 528
338.223 Proposed turnpike projects. — 529
(1)(a) Any proposed project to be constructed or acquired 530
as part of the turnpike system and any turnpike improvement 531
shall be included in the tentative work program. A proposed 532
project or group of proposed projects may not be added to the 533
turnpike system unless such project or projects are determined 534
to be economically feasible and a statement of environmental 535
feasibility has been completed for such project or projects and 536
such projects are determined to be consistent, to the maximum 537
extent feasible, with approved local government comprehensive 538
plans of the local governments in which such projects are 539
located. The department may authorize engineering studies, 540
traffic studies, environmental studies, and other expert studies 541
of the location, costs, economic feasibility, and practicality 542
of proposed turnpike projects throughout the state and may 543
proceed with the design phase of such projects. The department 544
may not request legislative approval of a proposed turnpike 545
project until the design phase of that proje ct is at least 30 546
percent complete. If a proposed project or group of proposed 547
projects is found to be economically feasible, consistent, to 548
the maximum extent feasible, with approved local government 549
comprehensive plans of the local governments in which s uch 550
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projects are located, and a favorable statement of environmental 551
feasibility has been completed, the department, with the 552
approval of the Legislature, shall, after the receipt of all 553
necessary permits, construct, maintain, and operate such 554
turnpike projects. 555
Section 15. Paragraph (a) of subsection (2), subsection 556
(6), paragraphs (a) and (b) of subsection (7), paragraphs (a) 557
and (c) of subsection (8), and paragraph (c) of subsection (11) 558
of section 339.175, Florida Statutes, are amended, and paragra ph 559
(d) is added to subsection (11) of that section, to read: 560
339.175 Metropolitan planning organization. — 561
(2) DESIGNATION.— 562
(a)1. An M.P.O. shall be designated for each urbanized 563
area of the state; however, this does not require that an 564
individual M.P.O. be designated for each such area . Such 565
designation shall be accomplished by agreement between the 566
Governor and units of general -purpose local government 567
representing at least 75 percent of the population of the 568
urbanized area; however, the unit of gen eral-purpose local 569
government that represents the central city or cities within the 570
M.P.O. jurisdiction, as defined by the United States Bureau of 571
the Census, must be a party to such agreement. 572
2. To the extent possible, Only one M.P.O. shall be 573
designated for each urbanized area or group of contiguous 574
urbanized areas. More than one M.P.O. may be designated within 575
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an existing urbanized area only if the Governor and the existing 576
M.P.O. determine that the size and complexity of the existing 577
urbanized area makes the designation of more than one M.P.O. for 578
the area appropriate , in which case each M.P.O. designated for 579
the area must: 580
a. Consult with every other M.P.O. designated for the area 581
and the state to coordinate plans and transportation improvement 582
programs. 583
b. Ensure, to the maximum extent practicable, the 584
consistency of data used in the planning process, including data 585
used in forecasting travel demand within the area . 586
587
Each M.P.O. required under this section must be fully operative 588
no later than 6 months following its designation. 589
(6) POWERS, DUTIES, AND RESPONSIBILITIES. —The powers, 590
privileges, and authority of an M.P.O. are those specified in 591
this section or incorporated in an interlocal agreement 592
authorized under s. 163.01. Each M.P.O. shall pe rform all acts 593
required by federal or state laws or rules, now and subsequently 594
applicable, which are necessary to qualify for federal aid. It 595
is the intent of this section that each M.P.O. shall be involved 596
in the planning and programming of transportation facilities, 597
including, but not limited to, airports, intercity and high -598
speed rail lines, seaports, and intermodal facilities, to the 599
extent permitted by state or federal law. An M.P.O. may not 600
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perform project production or delivery for capital improveme nt 601
projects. 602
(a) Each M.P.O. shall, in cooperation with the department, 603
develop: 604
1. A long-range transportation plan pursuant to the 605
requirements of subsection (7) .; 606
2. An annually updated transportation improvement program 607
pursuant to the requiremen ts of subsection (8) .; and 608
3. An annual unified planning work program pursuant to the 609
requirements of subsection (9). 610
(b) In developing the long -range transportation plan and 611
the transportation improvement program required under paragraph 612
(a), each M.P.O. shall provide for consideration of projects and 613
strategies that will: 614
1. Support the economic vitality of the contiguous 615
urbanized metropolitan area, especially by enabling global 616
competitiveness, productivity, and efficiency .; 617
2. Increase the safe ty and security of the transportation 618
system for motorized and nonmotorized users .; 619
3. Increase the accessibility and mobility options 620
available to people and for freight .; 621
4. Protect and enhance the environment, promote energy 622
conservation, and improv e quality of life.; 623
5. Enhance the integration and connectivity of the 624
transportation system, across and between modes and contiguous 625
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urbanized metropolitan areas , for people and freight .; 626
6. Promote efficient system management and operation .; and 627
7. Emphasize the preservation of the existing 628
transportation system. 629
8. Improve the resilience of transportation 630
infrastructure. 631
(c) In order to provide recommendations to the department 632
and local governmental entities regarding transportation plans 633
and programs, each M.P.O. shall: 634
1. Prepare a congestion management system for the 635
contiguous urbanized metropolitan area and cooperate with the 636
department in the development of all other transportation 637
management systems required by state or federal law .; 638
2. Assist the department in mapping transportation 639
planning boundaries required by state or federal law .; 640
3. Assist the department in performing its duties relating 641
to access management, functional classification of roads, and 642
data collection.; 643
4. Execute all agreements or certifications necessary to 644
comply with applicable state or federal law .; 645
5. Represent all the jurisdictional areas within the 646
metropolitan area in the formulation of transportation plans and 647
programs required by this section .; and 648
6. Perform all other duties required by state or federal 649
law. 650
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(d) Each M.P.O. shall appoint a technical advisory 651
committee, the members of which shall serve at the pleasure of 652
the M.P.O. The membership of the technical advisory committee 653
must consider the proportional representation of the area's 654
population and include, whenever possible, planners; engineers; 655
representatives of local aviation authorities, intermodal 656
logistics centers, port authorities, and public transit 657
authorities or representativ es of aviation departments, seaport 658
departments, and public transit departments of municipal or 659
county governments, as applicable; the school superintendent of 660
each county within the jurisdiction of the M.P.O. or the 661
superintendent's designee; and other ap propriate representatives 662
of affected local governments. In addition to any other duties 663
assigned to it by the M.P.O. or by state or federal law, the 664
technical advisory committee is responsible for considering safe 665
access to schools in its review of transp ortation project 666
priorities, long-range transportation plans, and transportation 667
improvement programs, and shall advise the M.P.O. on such 668
matters. In addition, the technical advisory committee shall 669
coordinate its actions with local school boards and othe r local 670
programs and organizations within the metropolitan area which 671
participate in school safety activities, such as locally 672
established community traffic safety teams. Local school boards 673
must provide the appropriate M.P.O. with information concerning 674
future school sites and in the coordination of transportation 675
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service. 676
(e)1. Each M.P.O. shall appoint a citizens' advisory 677
committee, the members of which serve at the pleasure of the 678
M.P.O. The membership on the citizens' advisory committee must 679
reflect a broad cross-section of local residents with an 680
interest in the development of an efficient, safe, and cost -681
effective transportation system. Minorities, the elderly, and 682
the handicapped must be adequately represented. 683
2. Notwithstanding the provisions of subparagraph 1., an 684
M.P.O. may, with the approval of the department and the 685
applicable federal governmental agency, adopt an alternative 686
program or mechanism to ensure citizen involvement in the 687
transportation planning process. 688
(f) The department shal l allocate to each M.P.O., for the 689
purpose of accomplishing its transportation planning and 690
programming duties, an appropriate amount of federal 691
transportation planning funds. 692
(g) Each M.P.O. shall have an executive or staff director 693
who reports directly to the M.P.O. governing board for all 694
matters regarding the administration and operation of the M.P.O. 695
and any additional personnel as deemed necessary. The executive 696
director and any additional personnel may be employed either by 697
an M.P.O. or by another governmental entity, such as a county, 698
city, or regional planning council, that has a staff services 699
agreement signed and in effect with the M.P.O. Each M.P.O. may 700
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enter into contracts with local or state agencies, private 701
planning firms, private engineeri ng firms, or other public or 702
private entities to accomplish its transportation planning and 703
programming duties and administrative functions. 704
(h) In order to enhance their knowledge, effectiveness, 705
and participation in the urbanized area transportation pl anning 706
process, each M.P.O. shall provide training opportunities and 707
training funds specifically for local elected officials and 708
others who serve on an M.P.O. The training opportunities may be 709
conducted by an individual M.P.O. or through statewide and 710
federal training programs and initiatives that are specifically 711
designed to meet the needs of M.P.O. board members. 712
(i) By December 31, 2023, There is created the Chairs 713
Coordinating Committee, composed of the M.P.O.'s serving Citrus, 714
Hernando, Hillsborough, Manatee, Pasco, and Pinellas, Polk, and 715
Sarasota Counties must submit a feasibility report to the 716
Governor, the President of the Senate, and the Speaker of the 717
House of Representatives exploring the benefits, costs, and 718
process of consolidation into a sin gle M.P.O. serving the 719
contiguous urbanized area, the goal of which would be to . The 720
committee must, at a minimum : 721
1. Coordinate transportation projects deemed to be 722
regionally significant by the committee. 723
2. Review the impact of regionally significan t land use 724
decisions on the region. 725
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3. Review all proposed regionally significant 726
transportation projects in the respective transportation 727
improvement programs which affect more than one of the M.P.O.'s 728
represented on the committee . 729
4. Institute a conf lict resolution process to address any 730
conflict that may arise in the planning and programming of such 731
regionally significant projects. 732
(j)1. The Legislature finds that the state's rapid growth 733
in recent decades has caused many urbanized areas subject to 734
M.P.O. jurisdiction to become contiguous to each other. As a 735
result, various transportation projects may cross from the 736
jurisdiction of one M.P.O. into the jurisdiction of another 737
M.P.O. To more fully accomplish the purposes for which M.P.O.'s 738
have been mandated, M.P.O.'s shall develop coordination 739
mechanisms with one another to expand and improve transportation 740
within the state. The appropriate method of coordination between 741
M.P.O.'s shall vary depending upon the project involved and 742
given local and regio nal needs. Consequently, it is appropriate 743
to set forth a flexible methodology that can be used by M.P.O.'s 744
to coordinate with other M.P.O.'s and appropriate political 745
subdivisions as circumstances demand. 746
2. Any M.P.O. may join with any other M.P.O. or any 747
individual political subdivision to coordinate activities or to 748
achieve any federal or state transportation planning or 749
development goals or purposes consistent with federal or state 750
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law. When an M.P.O. determines that it is appropriate to join 751
with another M.P.O. or any political subdivision to coordinate 752
activities, the M.P.O. or political subdivision shall enter into 753
an interlocal agreement pursuant to s. 163.01, which, at a 754
minimum, creates a separate legal or administrative entity to 755
coordinate the transportation planning or development activities 756
required to achieve the goal or purpose; provides the purpose 757
for which the entity is created; provides the duration of the 758
agreement and the entity and specifies how the agreement may be 759
terminated, modified, or rescinded; describes the precise 760
organization of the entity, including who has voting rights on 761
the governing board, whether alternative voting members are 762
provided for, how voting members are appointed, and what the 763
relative voting strength is for each constituent M.P.O. or 764
political subdivision; provides the manner in which the parties 765
to the agreement will provide for the financial support of the 766
entity and payment of costs and expenses of the entity; provides 767
the manner in which funds may be pai d to and disbursed from the 768
entity; and provides how members of the entity will resolve 769
disagreements regarding interpretation of the interlocal 770
agreement or disputes relating to the operation of the entity. 771
Such interlocal agreement shall become effective upon its 772
recordation in the official public records of each county in 773
which a member of the entity created by the interlocal agreement 774
has a voting member. Multiple This paragraph does not require 775
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any M.P.O.'s may to merge, combine, or otherwise join toge ther 776
as a single M.P.O. 777
(7) LONG-RANGE TRANSPORTATION PLAN. —Each M.P.O. must 778
develop a long-range transportation plan that addresses at least 779
a 20-year planning horizon. The plan must include both long -780
range and short-range strategies and must comply wit h all other 781
state and federal requirements. The prevailing principles to be 782
considered in the long -range transportation plan are: preserving 783
the existing transportation infrastructure; enhancing Florida's 784
economic competitiveness; and improving travel choi ces to ensure 785
mobility. The long-range transportation plan must be consistent, 786
to the maximum extent feasible, with future land use elements 787
and the goals, objectives, and policies of the approved local 788
government comprehensive plans of the units of local government 789
located within the jurisdiction of the M.P.O. Each M.P.O. is 790
encouraged to consider strategies that integrate transportation 791
and land use planning to provide for sustainable development and 792
reduce greenhouse gas emissions. The approved long -range 793
transportation plan must be considered by local governments in 794
the development of the transportation elements in local 795
government comprehensive plans and any amendments thereto. The 796
long-range transportation plan must, at a minimum: 797
(a) Identify transp ortation facilities, including, but not 798
limited to, major roadways, airports, seaports, spaceports, 799
commuter rail systems, transit systems, and intermodal or 800
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multimodal terminals that will function as an integrated 801
metropolitan transportation system. The l ong-range 802
transportation plan must give emphasis to those transportation 803
facilities that serve national, statewide, or regional 804
functions, and must consider the goals and objectives identified 805
in the Florida Transportation Plan as provided in s. 339.155. I f 806
a project is located within the boundaries of more than one 807
M.P.O., the M.P.O.'s must coordinate plans regarding the project 808
in the long-range transportation plan. Multiple M.P.O.'s within 809
a contiguous urbanized area must coordinate the development of 810
long-range transportation plans to be reviewed by the 811
Metropolitan Planning Organization Advisory Council. 812
(b) Include a financial plan that demonstrates how the 813
plan can be implemented, indicating resources from public and 814
private sources which are reason ably expected to be available to 815
carry out the plan, and recommends any additional financing 816
strategies for needed projects and programs. The financial plan 817
may include, for illustrative purposes, additional projects that 818
would be included in the adopted l ong-range transportation plan 819
if reasonable additional resources beyond those identified in 820
the financial plan were available. For the purpose of developing 821
the long-range transportation plan, the M.P.O. and the 822
department shall cooperatively develop estim ates of funds that 823
will be available to support the plan implementation. Innovative 824
financing techniques may be used to fund needed projects and 825
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programs. Such techniques may include the assessment of tolls, 826
the use of value capture financing, or the use o f value pricing. 827
Multiple M.P.O.'s within a contiguous urbanized area must 828
ensure, to the maximum extent possible, the consistency of data 829
used in the planning process. 830
831
In the development of its long -range transportation plan, each 832
M.P.O. must provide the public, affected public agencies, 833
representatives of transportation agency employees, freight 834
shippers, providers of freight transportation services, private 835
providers of transportation, representatives of users of public 836
transit, and other interested par ties with a reasonable 837
opportunity to comment on the long -range transportation plan. 838
The long-range transportation plan must be approved by the 839
M.P.O. 840
(8) TRANSPORTATION IMPROVEMENT PROGRAM. —Each M.P.O. shall, 841
in cooperation with the state and affected p ublic transportation 842
operators, develop a transportation improvement program for the 843
area within the jurisdiction of the M.P.O. In the development of 844
the transportation improvement program, each M.P.O. must provide 845
the public, affected public agencies, rep resentatives of 846
transportation agency employees, freight shippers, providers of 847
freight transportation services, private providers of 848
transportation, representatives of users of public transit, and 849
other interested parties with a reasonable opportunity to 850
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comment on the proposed transportation improvement program. 851
(a) Each M.P.O. is responsible for developing, annually, a 852
list of project priorities and a transportation improvement 853
program. The prevailing principles to be considered by each 854
M.P.O. when developing a list of project priorities and a 855
transportation improvement program are: preserving the existing 856
transportation infrastructure; enhancing Florida's economic 857
competitiveness; and improving travel choices to ensure safety 858
and mobility. The transpor tation improvement program will be 859
used to initiate federally aided transportation facilities and 860
improvements as well as other transportation facilities and 861
improvements including transit, rail, aviation, spaceport, and 862
port facilities to be funded from t he State Transportation Trust 863
Fund within its metropolitan area in accordance with existing 864
and subsequent federal and state laws and rules and regulations 865
related thereto. The transportation improvement program shall be 866
consistent, to the maximum extent f easible, with the approved 867
local government comprehensive plans of the units of local 868
government whose boundaries are within the metropolitan area of 869
the M.P.O. and include those projects programmed pursuant to s. 870
339.2819(4). Multiple M.P.O.'s within a co ntiguous urbanized 871
area must coordinate transportation improvement programs. 872
(c) The transportation improvement program must, at a 873
minimum: 874
1. Include projects and project phases to be funded with 875
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state or federal funds within the time period of the 876
transportation improvement program and which are recommended for 877
advancement during the next fiscal year and 4 subsequent fiscal 878
years. Such projects and project phases must be consistent, to 879
the maximum extent feasible, with the approved local government 880
comprehensive plans of the units of local government located 881
within the jurisdiction of the M.P.O. For informational 882
purposes, the transportation improvement program shall also 883
include a list of projects to be funded from local or private 884
revenues. 885
2. Include projects within the metropolitan area which are 886
proposed for funding under 23 U.S.C. s. 134 of the Federal 887
Transit Act and which are consistent with the long -range 888
transportation plan developed under subsection (7). 889
3. Provide a financial plan that d emonstrates how the 890
transportation improvement program can be implemented; indicates 891
the resources, both public and private, that are reasonably 892
expected to be available to accomplish the program; identifies 893
any innovative financing techniques that may be used to fund 894
needed projects and programs; and may include, for illustrative 895
purposes, additional projects that would be included in the 896
approved transportation improvement program if reasonable 897
additional resources beyond those identified in the financial 898
plan were available. Innovative financing techniques may include 899
the assessment of tolls, the use of value capture financing, or 900
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the use of value pricing. The transportation improvement program 901
may include a project or project phase only if full funding c an 902
reasonably be anticipated to be available for the project or 903
project phase within the time period contemplated for completion 904
of the project or project phase. 905
4. Group projects and project phases of similar urgency 906
and anticipated staging into appropriate staging periods. 907
5. Indicate how the transportation improvement program 908
relates to the long-range transportation plan developed under 909
subsection (7), including providing examples of specific 910
projects or project phases that further the goals a nd policies 911
of the long-range transportation plan. 912
6. Indicate whether any project or project phase is 913
inconsistent with an approved comprehensive plan of a unit of 914
local government located within the jurisdiction of the M.P.O. 915
If a project is inconsiste nt with an affected comprehensive 916
plan, the M.P.O. must provide justification for including the 917
project in the transportation improvement program. 918
7. Indicate how the improvements are consistent, to the 919
maximum extent feasible, with affected seaport, air port, and 920
spaceport master plans and with public transit development plans 921
of the units of local government located within the jurisdiction 922
of the M.P.O. If a project is located within the boundaries of 923
more than one M.P.O., the M.P.O.'s must coordinate pl ans 924
regarding the project in the transportation improvement program. 925
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8. Indicate coordination or alignment with transportation 926
improvement plans of other M.P.O.'s within the contiguous 927
urbanized area. 928
(11) METROPOLITAN PLANNING ORGANIZATION ADVISORY CO UNCIL.— 929
(c) The powers and duties of the Metropolitan Planning 930
Organization Advisory Council are to: 931
1. Enter into contracts with individuals, private 932
corporations, and public agencies. 933
2. Acquire, own, operate, maintain, sell, or lease 934
personal property essential for the conduct of business. 935
3. Accept funds, grants, assistance, gifts, or bequests 936
from private, local, state, or federal sources. 937
1.4. Establish bylaws by action of its governing board 938
providing procedural rules to guide its proceedin gs and 939
consideration of matters before the council, or, alternatively, 940
adopt rules pursuant to ss. 120.536(1) and 120.54 to implement 941
provisions of law conferring powers or duties upon it. 942
2.5. Assist M.P.O.'s in carrying out the urbanized area 943
transportation planning process by serving as the principal 944
forum for collective policy discussion pursuant to law. 945
3.6. Serve as a clearinghouse for review and comment by 946
M.P.O.'s on the Florida Transportation Plan and on other issues 947
required to comply with fed eral or state law in carrying out the 948
urbanized area transportation and systematic planning processes 949
instituted pursuant to s. 339.155. The council must also report 950
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annually to the Florida Transportation Commission on the 951
alignment of M.P.O. long -range transportation plans with the 952
Florida Transportation Plan. 953
4.7. Employ an executive director and such other staff as 954
necessary to perform adequately the functions of the council, 955
within budgetary limitations. The executive director and staff 956
are exempt from part II of chapter 110 and serve at the 957
direction and control of the council . The council is assigned to 958
the Office of the Secretary of the Department of Transportation 959
for fiscal and accountability purposes, but it shall otherwise 960
function independently of the control and direction of the 961
department. 962
5. Deliver training on federal and state program 963
requirements and procedures to M.P.O. board members and staff. 964
6.8. Adopt an agency strategic plan that prioritizes steps 965
the agency will take to carry ou t its mission within the context 966
of the state comprehensive plan and any other statutory mandates 967
and directives. 968
(d) The Metropolitan Planning Organization Advisory 969
Council may enter into contracts in accordance with chapter 287 970
to support the activitie s described in paragraph (c). Lobbying 971
and the acceptance of funds, grants, assistance, gifts, or 972
bequests from private, local, state, or federal sources are 973
prohibited. 974
Section 16. Section 339.661, Florida Statutes, is created 975
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to read: 976
339.661 Strategic Intermodal System emerging supply chain 977
demands.— 978
(1) The Legislature finds that: 979
(a) The Strategic Intermodal System components defined in 980
s. 339.62 ensure a multimodal transportation system. 981
(b) The rapid economic and population growth of this state 982
can compound supply chain demands on the transportation system. 983
(c) The Strategic Intermodal System is a critical network 984
supporting economic activities and the transport of people and 985
goods. 986
(d) The Strategic Intermodal System is instrumental i n the 987
movement of road building materials for infrastructure 988
investments. 989
(e) The demand for construction aggregate and other 990
materials continues to outpace supply. 991
(2) The department must give emphasis in its 992
transportation plans, including the Florid a Transportation Plan 993
and the Strategic Intermodal System Plan, to addressing access 994
and movement of construction aggregate and other materials 995
essential for building roadways. 996
(3) The department must make $20 million available each 997
year from existing w ork program revenues to fund projects that 998
provide increased capacity and enhanced capabilities to move and 999
store construction aggregate and other materials. 1000
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(4) Projects may include investments in freight, other 1001
modes, and storage needs which ensure mov ement and delivery of 1002
construction aggregate and other materials. Priority must be 1003
given to projects creating new supply chains or closing existing 1004
supply chain gaps. Projects meeting the criteria may be funded 1005
up to 100 percent from the State Transportati on Trust Fund. 1006
Section 17. Section 339.84, Florida Statutes, is created 1007
to read: 1008
339.84 Workforce development. —Beginning in the 2023 -2024 1009
fiscal year and annually thereafter for 5 years, $5 million 1010
shall be allocated from the State Transportation Trust Fund to 1011
the construction workforce development program as provided in s. 1012
334.044(35) to promote career paths in Florida's road and bridge 1013
industry. 1014
Section 18. Section 354.01, Florida Statutes, is amended 1015
to read: 1016
354.01 Appointment of Special officers.—A railroad police 1017
officer Upon the application of any railroad or other common 1018
carrier doing business in this state, the Governor shall appoint 1019
one or more persons who has have met the law enforcement officer 1020
qualifications and training requireme nts of ss. 943.13 and 1021
943.135(1) shall be recognized as a special officer s. 943.13 as 1022
special officers for the protection and safety of any railroad 1023
or other common carrier doing business in this state such 1024
carriers; its their passengers and employees; an d the property 1025
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of such carrier carriers, passengers, and employees. A special 1026
officer is not considered a law enforcement officer except for 1027
purposes of ss. 943.085 -943.255. However, until the Governor 1028
either appoints or rejects the application for appoint ment of a 1029
person as a special officer, the railroad or common carrier may 1030
temporarily employ the person as a special officer if he or she 1031
complies with the qualifications for employment as a law 1032
enforcement officer in s. 943.13. Notwithstanding any other 1033
provision of law, a special officer must have the same training 1034
as a law enforcement officer in accordance with ss. 943.13 and 1035
943.135(1). A Class I, Class II, or Class III railroad shall be 1036
considered an employing agency for purposes of ss. 943.10, 1037
943.13, and 943.135(1), and shall pay all costs associated with 1038
the training and continuing education of employed special 1039
officers. 1040
Section 19. Section 354.02, Florida Statutes, is amended 1041
to read: 1042
354.02 Powers.—Each special officer shall have and 1043
exercise Throughout every county in which the common carrier for 1044
which he or she is employed does business, operates, or owns 1045
property, a special officer may arrest a person who has violated 1046
was appointed, shall do business, operate, or own property, the 1047
power to make arrests for violation of law on the property of 1048
such common carrier, and to arrest persons, whether on or off 1049
such carrier's property, violating any law on such carrier's 1050
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property, whether the arrest occurs on or off such carrier's 1051
property, under the same conditions under which a deputy sheriff 1052
sheriffs may by law make arrests, and may shall have authority 1053
to carry weapons for the reasonable purpose of his or her office 1054
their offices. 1055
Section 20. Section 354.05, Florida Statutes, is amended 1056
to read: 1057
354.05 Term of office; removal. —The commission of a 1058
special officer officers provided for herein shall be 1059
commissioned by the Governor, and their commissions shall 1060
continue so long as he or she is they are employed in such 1061
capacity by the railroad or other common carrier . However, a 1062
special officer may; but they shall be removed by the Governor 1063
at any time, in the manner and for the causes provided by law. 1064
Section 21. Paragraph (f) of subsection (1) of section 1065
784.07, Florida Statutes, is amended to read: 1066
784.07 Assault or battery of law enforcement officers, 1067
firefighters, emergency medical care providers, public transit 1068
employees or agents, or other specified officers; 1069
reclassification of offenses; mi nimum sentences.— 1070
(1) As used in this section, the term: 1071
(f) "Railroad special officer" means a person employed by 1072
a Class I, Class II, or Class III railroad and appointed or 1073
pending appointment by the Governor pursuant to s. 354.01. 1074
Section 22. Subsections (1) and (4) of section 943.10, 1075
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Florida Statutes, are amended to read: 1076
943.10 Definitions; ss. 943.085 -943.255.—The following 1077
words and phrases as used in ss. 943.085 -943.255 are defined as 1078
follows: 1079
(1) "Law enforcement officer" means any pers on who is 1080
elected, appointed, or employed full time by any municipality or 1081
the state or any political subdivision thereof; who is vested 1082
with authority to bear arms and make arrests; and whose primary 1083
responsibility is the prevention and detection of crime or the 1084
enforcement of the penal, criminal, traffic, or highway laws of 1085
the state. The term This definition includes all certified 1086
supervisory and command personnel whose duties include, in whole 1087
or in part, the supervision, training, guidance, and managem ent 1088
responsibilities of full -time law enforcement officers, part -1089
time law enforcement officers, or auxiliary law enforcement 1090
officers but does not include support personnel employed by the 1091
employing agency. The term also includes a special officer 1092
employed by a Class I, Class II, or Class III railroad pursuant 1093
to s. 354.01. 1094
(4) "Employing agency" means any agency or unit of 1095
government or any municipality or the state or any political 1096
subdivision thereof, or any agent thereof, which has 1097
constitutional or statutory authority to employ or appoint 1098
persons as officers. The term also includes any private entity 1099
that which has contracted with the state or county for the 1100
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operation and maintenance of a nonjuvenile detention facility. 1101
The term also includes a Class I, Class II, or Class III 1102
railroad that employs special officers pursuant to s. 354.01. 1103
Section 23. This act shall take effect July 1, 2023. 1104