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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
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 the 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.; requiring political 18
subdivisions to consider certain factors in airport 19
land use compatibility zo ning regulations; authorizing 20
certain airport owners to establish noise contours 21
pursuant to a specified study accepted by the Federal 22
Aviation Administration; authorizing mitigation of 23
potential incompatible uses if a noise study has not 24
been conducted; amending s. 334.044, F.S.; revising 25
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the department's powers and duties regarding a 26
workforce development program; creating s. 334.066, 27
F.S.; establishing the Implementing Solutions from 28
Transportation Research and Evaluating Emerging 29
Technologies Living Lab (I-STREET) within the 30
University of Florida; specifying the duties of I -31
STREET; requiring I-STREET to submit an annual report 32
to the Governor and Legislature; requiring the 33
creation of a certain advisory board; specifying the 34
composition of the board; ame nding s. 334.179, F.S.; 35
limiting certification of aggregate shipments to those 36
in compliance with specified rules of the department; 37
prohibiting a producer of aggregates from 38
misrepresenting certification of aggregates; creating 39
s. 334.181, F.S.; requiring a local governmental 40
entity to accept an electronic proof of delivery as an 41
official record for a material delivery on the local 42
governmental entity's transportation project; amending 43
s. 337.11, F.S.; requiring certain bridge construction 44
or maintenance contracts to require certain marine 45
general liability insurance; requiring the department 46
to implement strategies to reduce certain costs and to 47
make a record of such strategies and projected savings 48
related thereto; authorizing the department to share a 49
certain portion of construction cost savings with 50
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certain consultants; amending s. 337.1101, F.S.; 51
revising procedures for resolving certain protests 52
through settlements requiring the payment of certain 53
amounts; amending s. 337.14, F.S.; revising a 54
limitation on the amount of a construction contract 55
for which a bidder may submit annual or interim 56
financial statements prepared by a certified public 57
accountant; revising the effect of submission and 58
approval of an application for a certificate of 59
qualification; authorizing submission of a written 60
request to maintain an existing certificate; amending 61
s. 337.168, F.S.; deleting an exemption from public 62
records requirements for identities of potential 63
transportation project bidders; amending s. 337.408, 64
F.S.; revising the maximum height of modular news 65
racks or advertising thereon; amending s. 338.223, 66
F.S.; deleting provisions prohibiting the department 67
from requesting legislative approval of a proposed 68
turnpike project until the design phase is partially 69
completed; amending s. 339.175, F.S.; providing 70
requirements for multiple M.P.O.'s designated for a 71
single urbanized area; prohibiting an M.P.O. from 72
performing project production or delivery for certain 73
projects; revising duties of an M.P.O.; revising 74
membership of an M.P.O.'s technical advisory 75
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committee; requiring the M.P.O.'s serving certain 76
counties to submit a report to the Governor and 77
Legislature by a specified date; removing obsolete 78
provisions; authorizing multiple M.P.O.'s to merge 79
into a single M.P.O.; re quiring multiple M.P.O.'s 80
within a contiguous urbanized area to coordinate plans 81
and transportation improvement programs and ensure 82
consistency of certain data; requiring an M.P.O.'s 83
transportation improvement program to indicate 84
coordination with transpor tation improvement plans of 85
other M.P.O.'s within a contiguous urbanized area; 86
revising powers and duties of the Metropolitan 87
Planning Organization Advisory Council; authorizing 88
the council to enter into certain contracts; providing 89
prohibitions; creating s. 339.651, F.S.; providing 90
legislative findings; requiring the department to 91
specifically address movement and storage of 92
construction aggregate in transportation plans; 93
requiring specified funding for certain projects; 94
providing considerations for fundin g; requiring 95
priority to be given to certain projects; specifying 96
the funding level authorized from the State 97
Transportation Trust Fund; authorizing the department 98
to adopt rules; providing for future repeal; creating 99
s. 339.84, F.S.; requiring specified f unds to be 100
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allocated to the department's workforce development 101
program for certain purposes; amending s. 354.01, 102
F.S.; requiring certain railroad police officers to be 103
recognized as special officers for certain purposes; 104
providing construction; removing pr ovisions requiring 105
the Governor to appoint special officers; amending ss. 106
354.02, 354.05, and 784.07, F.S.; conforming 107
provisions to changes made by the act; amending s. 108
943.10, F.S.; revising definitions; providing 109
effective dates. 110
111
Be It Enacted by the Legislature of the State of Florida: 112
113
Section 1. Effective January 1, 2024, paragraph (b) of 114
subsection (1) of section 316.126, Florida Statutes, is amended, 115
and subsection (6) of that section is republished, to read: 116
316.126 Operation of vehicles and actions of pedestrians ; 117
on approach of an authorized emergency, sanitation, or utility 118
service vehicle, wrecker, or road and bridge maintenance or 119
construction vehicle; presence of disabled motor vehicle .— 120
(1) 121
(b) If an authorized emergency vehicle displaying any 122
visual signals is parked on the roadside, a sanitation vehicle 123
is performing a task related to the provision of sanitation 124
services on the roadside, a utility service vehicle is 125
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performing a task related to the provision of utility services 126
on the roadside, a wrecker displaying amber rotating or flashing 127
lights is performing a recovery or loading on the roadside, or a 128
road and bridge maintenance or construction vehicle displaying 129
warning lights is on the roadside without advance signs and 130
channelizing devices, or a disabled motor vehicle is stopped and 131
is displaying warning lights or hazard lights; is stopped and is 132
using emergency flares or posting emergency signage; or is 133
stopped and one or more persons are visibly present, the driver 134
of every other vehicle, as soon as it is safe: 135
1. Shall vacate the lane closest to the emergency vehicle, 136
sanitation vehicle, utility service vehicle, wrecker, or road 137
and bridge maintenance or construction vehicle , or disabled 138
motor vehicle when driving on an interstate highway or other 139
highway with two or more lanes traveling in the direction of the 140
emergency vehicle, sanitation vehicle, utility service vehicle, 141
wrecker, or road and bridge maintenance or construction vehicle , 142
or disabled motor vehicle except when otherwise directed by a 143
law enforcement officer. If such movement cannot be safely 144
accomplished, the driver shall reduce speed as provided in 145
subparagraph 2. 146
2. Shall slow to a speed that is 20 miles per hour less 147
than the posted speed limit when t he posted speed limit is 25 148
miles per hour or greater; or travel at 5 miles per hour when 149
the posted speed limit is 20 miles per hour or less, when 150
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driving on a two-lane road, except when otherwise directed by a 151
law enforcement officer. 152
(6) A violation of this section is a noncriminal traffic 153
infraction, punishable pursuant to chapter 318 as either a 154
moving violation for infractions of subsection (1) or subsection 155
(3), or as a pedestrian violation for infractions of subsection 156
(2). 157
Section 2. Effectiv e January 1, 2024, for the purpose of 158
incorporating the amendment made by this act to section 316.126, 159
Florida Statutes, in a reference thereto, paragraph (d) of 160
subsection (2) of section 318.18, Florida Statutes, is reenacted 161
to read: 162
318.18 Amount of penalties.—The penalties required for a 163
noncriminal disposition pursuant to s. 318.14 or a criminal 164
offense listed in s. 318.17 are as follows: 165
(2) Thirty dollars for all nonmoving traffic violations 166
and: 167
(d) For all violations of s. 316.126(1)(b), unle ss 168
otherwise specified. 169
Section 3. Section 316.83, Florida Statutes, is created to 170
read: 171
316.83 Autonomous vehicle grading standards for roads on 172
State Highway System. —The Department of Transportation shall 173
coordinate with federal, regional, and local partners, as well 174
as industry representatives, to establish standards by which 175
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roads on the State Highway System shall be graded according to 176
their compatibility with the operation of autonomous vehicles. 177
In establishing such standards, the department shall consider 178
factors including, but not limited to, the structural adequacy 179
and safety of each road and the particular challenges that the 180
overall driving environment of each road may present to a fully 181
autonomous vehicle operating with the automated driving system 182
engaged. Autonomous vehicle grading standards established 183
pursuant to this section shall be incorporated into standards 184
for transportation projects involving the construction of new 185
roads or maintenance of existing roads on the State Highway 186
System. 187
Section 4. Subsection (2) of section 333.03, Florida 188
Statutes, is amended to read: 189
333.03 Requirement to adopt airport zoning regulations. — 190
(2) In the manner provided in subsection (1), political 191
subdivisions shall adopt, administer, and enforce airport land 192
use compatibility zoning regulations. Airport land use 193
compatibility zoning regulations shall, at a minimum, consider 194
address the following: 195
(a) The prohibition of new landfills and the restrictio n 196
of existing landfills within the following areas: 197
1. Within 10,000 feet from the nearest point of any runway 198
used or planned to be used by turbine aircraft. 199
2. Within 5,000 feet from the nearest point of any runway 200
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used by only nonturbine aircraft. 201
3. Outside the perimeters defined in subparagraphs 1. and 202
2., but still within the lateral limits of the civil airport 203
imaginary surfaces defined in 14 C.F.R. s. 77.19. Case -by-case 204
review of such landfills is advised. 205
(b) Where any landfill is located and constructed in a 206
manner that attracts or sustains hazardous bird movements from 207
feeding, water, or roosting areas into, or across, the runways 208
or approach and departure patterns of aircraft. The landfill 209
operator must incorporate bird management techni ques or other 210
practices to minimize bird hazards to airborne aircraft. 211
(c) Where an airport authority or other governing body 212
operating a public-use airport has conducted a noise study in 213
accordance with 14 C.F.R. part 150, or where a public -use 214
airport owner has established noise contours pursuant to another 215
public study accepted approved by the Federal Aviation 216
Administration, the prohibition of incompatible uses, as 217
established in the noise study in 14 C.F.R. part 150, Appendix A 218
or as a part of an alt ernative Federal Aviation Administration-219
accepted Administration-approved public study, within the noise 220
contours established by any of these studies, except if such 221
uses are specifically contemplated by such study with 222
appropriate mitigation or similar te chniques described in the 223
study. 224
(d) Where an airport authority or other governing body 225
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operating a public-use airport has not conducted a noise study, 226
the mitigation prohibition of potential incompatible uses 227
associated with residential construction and any educational 228
facility, with the exception of aviation school facilities, 229
within an area contiguous to the airport measuring one -half the 230
length of the longest runway on either side of and at the end of 231
each runway centerlin e. 232
(e) The restriction of new incompatible uses, activities, 233
or substantial modifications to existing incompatible uses 234
within runway protection zones. 235
Section 5. Subsection (35) of section 334.044, Florida 236
Statutes, is amended to read: 237
334.044 Powers and duties of the department. —The 238
department shall have the following general powers and duties: 239
(35) To provide a road and bridge construction workforce 240
development program, in consultation with affected stakeholders, 241
for delivery construction of projects designated in the 242
department's work program. 243
Section 6. Section 334.066, Florida Statutes, is created 244
to read: 245
334.066 Implementing Solutions from Transportation 246
Research and Evaluating Emerging Technologies Living Lab. — 247
(1) The Implementing Solutions from Transportation 248
Research and Evaluating Emerging Technologies Living Lab (I -249
STREET) is established within the University of Florida. 250
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(2) At a minimum, I -STREET shall: 251
(a) Conduct and facilitate research on issues related to 252
innovative transportation mobility and safety technology 253
development and deployment in this state and serve as an 254
information exchange and depository for the most current 255
information pertaining to transportation research, education, 256
workforce development, and related i ssues. 257
(b) Be a continuing resource for the Legislature, the 258
department, local governments, the nation's metropolitan 259
regions, and the private sector in the area of transportation 260
and related research. 261
(c) Promote intercampus transportation and related 262
research activities among Florida universities to enhance the 263
ability of these universities to attract federal and private 264
sector funding for transportation and related research. 265
(d) Provide by July 1, 2024, and each July 1 thereafter, 266
to the Governor, the President of the Senate, and the Speaker of 267
the House of Representatives a comprehensive report that 268
outlines its clearly defined goals and its efforts and progress 269
on reaching those goals. 270
(3) An advisory board shall be created to periodically 271
review and advise I-STREET concerning its research program. The 272
board shall consist of nine members with expertise in 273
transportation-related areas, as follows: 274
(a) A member appointed by the President of the Senate. 275
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(b) A member appointed by the Speaker of t he House of 276
Representatives. 277
(c) The Secretary of Transportation or his or her 278
designee. 279
(d) The Secretary of Economic Opportunity or his or her 280
designee. 281
(e) A member of the Florida Transportation Commission. 282
(f) Four members nominated by the University of Florida's 283
College of Engineering and approved by the university's 284
president. The College of Engineering's nominees may include 285
representatives of the University of Florida, other academic and 286
research institutions, or private entities. 287
Section 7. Section 334.179, Florida Statutes, is amended 288
to read: 289
334.179 Department standards or specifications for 290
permissible use of aggregates ; misrepresentation of 291
certification.— 292
(1) Notwithstanding any law, rule, or ordinance to the 293
contrary, a local government may not adopt standards or 294
specifications that are contrary to the department standards or 295
specifications for permissible use of aggregates that have been 296
certified for use. For purposes of this section, th e term 297
"certified for use" means that the aggregates have been 298
certified by the producer in compliance accordance with 299
department rules adopted pursuant to s. 334.044(10)(d) . This 300
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section does not apply to a multicounty independent special 301
district created by a special act of the Legislature. 302
(2) A producer may not represent that an aggregate is 303
certified for use unless such aggregate is in compliance with 304
department rules adopted pursuant to s. 334.044(10)(d). 305
Section 8. Section 334.181, Florida Stat utes, is created 306
to read: 307
334.181 Electronic proof of delivery. —Notwithstanding any 308
law, rule, or ordinance to the contrary, a local governmental 309
entity must accept an electronic proof of delivery as an 310
official record for a material delivery on the loca l 311
governmental entity's transportation project. 312
Section 9. Subsections (15) and (16) of section 337.11, 313
Florida Statutes, are renumbered as subsections (18) and (19), 314
respectively, and new subsections (15), (16), and (17) are added 315
to that section to r ead: 316
337.11 Contracting authority of department; bids; 317
emergency repairs, supplemental agreements, and change orders; 318
combined design and construction contracts; progress payments; 319
records; requirements of vehicle registration. — 320
(15) Each contract let by the department for performance 321
of bridge construction or maintenance over navigable waters must 322
contain a provision requiring marine general liability 323
insurance, in an amount to be determined by the department, 324
which covers third-party personal injury a nd property damage 325
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caused by vessels used by the contractor in the performance of 326
the work. 327
(16) The department shall implement strategies to reduce 328
the cost of all project phases, including design, construction, 329
and inspection, while ensuring that the d esign and construction 330
of projects meet applicable federal and state standards. The 331
department shall make a record of such strategies and the 332
projected savings related thereto. 333
(17) The department may share a portion of the 334
construction cost savings real ized due to a change in the 335
construction contract design and scope, initiated after 336
execution of the contract, with a design services consultant or 337
a construction engineering and inspection services consultant to 338
the extent that the consultant's input and involvement 339
contributed to such savings. The amount paid to a consultant 340
pursuant to this subsection may not exceed 10 percent of the 341
construction cost savings realized. 342
Section 10. Subsection (1) of section 337.1101, Florida 343
Statutes, is amended to re ad: 344
337.1101 Contracting and procurement authority of the 345
department; settlements; notification required. — 346
(1) When the department, or any entity or enterprise 347
within the department, determines that it is in the best 348
interest of the public to resolve a protest filed in accordance 349
with s. 120.57(3) of the award of a contract being procured 350
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pursuant to s. 337.11 or related to the purchase of personal 351
property or contractual services being procured pursuant to s. 352
287.057, through a settlement that requires the department to 353
pay a nonselected responsive bidder a total sum of $1 million or 354
more, including any amount paid pursuant to s. 334.049, any 355
amount paid pursuant to s. 337.11(8) which is not included in 356
the department's work program approved by the Legi slature as 357
part of the General Appropriations Act , or any amount paid 358
pursuant to any other law, the department must: 359
(a) Document in a written memorandum by the secretary the 360
specific reasons that such settlement and payment to a 361
nonselected responsive bidder is in the best interest of the 362
state. The written memorandum must be included and maintained in 363
the department's permanent files concerning the procurement and 364
must include: 365
1. A description of the property rights, patent rights, 366
copyrights, trademarks, or the engineering design or other 367
design work that the department will acquire or retain as a 368
result of such settlement; and 369
2. The specific appropriation in the existing General 370
Appropriations Act which the department intends to use to 371
provide such payment. 372
(b) Provide prior written notification to the President of 373
the Senate, the Speaker of the House of Representatives, the 374
Senate and House of Representatives minority leaders, the chair 375
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and vice chair of the Legislative Budget Commission, and the 376
Attorney General at least 5 business days, or as soon thereafter 377
as practicable, before the department makes the settlement 378
agreement final. Such written notification must include the 379
written memorandum required pursuant to paragraph (a). 380
(c) Provide, at the time settlement discussions regarding 381
any such payment have begun in earnest, written notification of 382
such discussions to the President of the Senate, the Speaker of 383
the House of Representatives, the Senate and House of 384
Representatives minority le aders, the chair and vice chair of 385
the Legislative Budget Commission, and the Attorney General. 386
Section 11. Subsections (1) and (4) of section 337.14, 387
Florida Statutes, are amended to read: 388
337.14 Application for qualification; certificate of 389
qualification; restrictions; request for hearing. — 390
(1) Any contractor desiring to bid for the performance of 391
any construction contract in excess of $250,000 which the 392
department proposes to let must first be certified by the 393
department as qualified pursuant to this section and rules of 394
the department. The rules of the department must address the 395
qualification of contractors to bid on construction contracts in 396
excess of $250,000 and must include requirements with respect to 397
the equipment, past record, experience, financial resources, and 398
organizational personnel of the applying contractor which are 399
necessary to perform the specific class of work for which the 400
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contractor seeks certification. Any contractor who desires to 401
bid on contracts in excess of $50 million an d who is not 402
qualified and in good standing with the department as of January 403
1, 2019, must first be certified by the department as qualified 404
and must have satisfactorily completed two projects, each in 405
excess of $15 million, for the department or for any other state 406
department of transportation. The department may limit the 407
dollar amount of any contract upon which a contractor is 408
qualified to bid or the aggregate total dollar volume of 409
contracts such contractor is allowed to have under contract at 410
any one time. Each applying contractor seeking qualification to 411
bid on construction contracts in excess of $250,000 shall 412
furnish the department a statement under oath, on such forms as 413
the department may prescribe, setting forth detailed information 414
as required on the application. Each application for 415
certification must be accompanied by audited, certified 416
financial statements prepared in accordance with generally 417
accepted accounting principles and auditing standards by a 418
certified public accountant licensed in th is state or another 419
state. The audited, certified financial statements must be for 420
the applying contractor and must have been prepared within the 421
immediately preceding 12 months. The department may not consider 422
any financial information of the parent entit y of the applying 423
contractor, if any. The department may not certify as qualified 424
any applying contractor who fails to submit the audited, 425
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certified financial statements required by this subsection. If 426
the application or the annual financial statement show s the 427
financial condition of the applying contractor more than 4 428
months before the date on which the application is received by 429
the department, the applicant must also submit interim audited, 430
certified financial statements prepared in accordance with 431
generally accepted accounting principles and auditing standards 432
by a certified public accountant licensed in this state or 433
another state. The interim financial statements must cover the 434
period from the end date of the annual statement and must show 435
the financial condition of the applying contractor no more than 436
4 months before the date that the interim financial statements 437
are received by the department. However, upon the request of the 438
applying contractor, an application and accompanying annual or 439
interim financial statement received by the department within 15 440
days after either 4-month period under this subsection shall be 441
considered timely. An applying contractor desiring to bid 442
exclusively for the performance of construction contracts with 443
proposed budget estimates of less than $2 $1 million may submit 444
reviewed annual or reviewed interim financial statements 445
prepared by a certified public accountant. The information 446
required by this subsection is confidential and exempt from s. 447
119.07(1). The department shall act upon the application for 448
qualification within 30 days after the department determines 449
that the application is complete. The department may waive the 450
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requirements of this subsection for projects having a contract 451
price of $500,000 or less if the department determines that the 452
project is of a noncritical nature and the waiver will not 453
endanger public health, safety, or property. 454
(4) If the applicant is found to possess the prescribed 455
qualifications, the department shall i ssue to him or her a 456
certificate of qualification that, unless thereafter revoked by 457
the department for good cause, will be valid for a period of 18 458
months after the date of the applicant's financial statement or 459
such shorter period as the department presc ribes. Submission of 460
an application does and subsequent approval do not affect 461
expiration of the certificate of qualification , the ability 462
factor of the applicant, or the maximum capacity rating of the 463
applicant. An applicant may submit a written request w ith a 464
timely submitted application to keep an existing certificate of 465
qualification in place until the expiration date. If the request 466
is approved by the department, the current maximum capacity 467
rating of the applicant must remain in place until expiration of 468
the current certificate of qualification. If the department 469
finds that an application is incomplete or contains inadequate 470
information or information that cannot be verified, the 471
department may request in writing that the applicant provide the 472
necessary information to complete the application or provide the 473
source from which any information in the application may be 474
verified. If the applicant fails to comply with the initial 475
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written request within a reasonable period of time as specified 476
therein, the department shall request the information a second 477
time. If the applicant fails to comply with the second request 478
within a reasonable period of time as specified therein, the 479
application shall be denied. 480
Section 12. Subsection (2) of section 337.168, Flo rida 481
Statutes, is amended to read: 482
337.168 Confidentiality of official estimates , identities 483
of potential bidders, and bid analysis and monitoring system. — 484
(2) A document that reveals the identity of a person who 485
has requested or obtained a bid package , plan, or specifications 486
pertaining to any project to be let by the department is 487
confidential and exempt from the provisions of s. 119.07(1) for 488
the period that begins 2 working days before the deadline for 489
obtaining bid packages, plans, or specification s and ends with 490
the letting of the bid. A document that reveals the identity of 491
a person who has requested or obtained a bid package, plan, or 492
specifications pertaining to any project to be let by the 493
department before the 2 working days before the deadlin e for 494
obtaining bid packages, plans, or specifications remains a 495
public record subject to s. 119.07(1). 496
Section 13. Subsection (3) of section 337.408, Florida 497
Statutes, is amended to read: 498
337.408 Regulation of bus stops, benches, transit 499
shelters, street light poles, waste disposal receptacles, and 500
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modular news racks within rights -of-way.— 501
(3) Modular news racks, including advertising thereon, may 502
be located within the right -of-way limits of any municipal, 503
county, or state road, except a limited access highway, if 504
provided the municipal government within whose incorporated 505
limits such racks are installed or the county government within 506
whose unincorporated limits such racks are installed has passed 507
an ordinance regulating the placement of modular news racks 508
within the right-of-way and has authorized a qualified private 509
supplier of modular news racks to provide such service. The 510
modular news rack or advertising thereon may shall not exceed a 511
height of 105 56 inches or a total advertising space of 56 512
square feet. No later than 45 days before prior to installation 513
of modular news racks, the private supplier must shall provide a 514
map of proposed locations and typical installation plans to the 515
department for approva l. If the department does not respond 516
within 45 days after receipt of the submitted plans, 517
installation may proceed. 518
Section 14. Paragraph (a) of subsection (1) of section 519
338.223, Florida Statutes, is amended to read: 520
338.223 Proposed turnpike proje cts.— 521
(1)(a) Any proposed project to be constructed or acquired 522
as part of the turnpike system and any turnpike improvement 523
shall be included in the tentative work program. A proposed 524
project or group of proposed projects may not be added to the 525
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turnpike system unless such project or projects are determined 526
to be economically feasible and a statement of environmental 527
feasibility has been completed for such project or projects and 528
such projects are determined to be consistent, to the maximum 529
extent feasible, with approved local government comprehensive 530
plans of the local governments in which such projects are 531
located. The department may authorize engineering studies, 532
traffic studies, environmental studies, and other expert studies 533
of the location, costs, ec onomic feasibility, and practicality 534
of proposed turnpike projects throughout the state and may 535
proceed with the design phase of such projects. The department 536
may not request legislative approval of a proposed turnpike 537
project until the design phase of tha t project is at least 30 538
percent complete. If a proposed project or group of proposed 539
projects is found to be economically feasible, consistent, to 540
the maximum extent feasible, with approved local government 541
comprehensive plans of the local governments in which such 542
projects are located, and a favorable statement of environmental 543
feasibility has been completed, the department, with the 544
approval of the Legislature, shall, after the receipt of all 545
necessary permits, construct, maintain, and operate such 546
turnpike projects. 547
Section 15. Paragraph (a) of subsection (2), subsection 548
(6), paragraphs (a) and (b) of subsection (7), paragraphs (a) 549
and (c) of subsection (8), and paragraph (c) of subsection (11) 550
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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
of section 339.175, Florida Statutes, are amended, and paragraph 551
(d) is added to subsection (11) of that section, to read: 552
339.175 Metropolitan planning organization. — 553
(2) DESIGNATION.— 554
(a)1. An M.P.O. shall be designated for each urbanized 555
area of the state; however, this does not require that an 556
individual M.P.O. be designated for each such area. Such 557
designation shall be accomplished by agreement between the 558
Governor and units of general -purpose local government 559
representing at least 75 percent of the population of the 560
urbanized area; however, the unit of general-purpose local 561
government that represents the central city or cities within the 562
M.P.O. jurisdiction, as defined by the United States Bureau of 563
the Census, must be a party to such agreement. 564
2. To the extent possible, only one M.P.O. shall be 565
designated for each urbanized area or group of contiguous 566
urbanized areas. More than one M.P.O. may be designated within 567
an existing urbanized area only if the Governor and the existing 568
M.P.O. determine that the size and complexity of the existing 569
urbanized area makes the designation of more than one M.P.O. for 570
the area appropriate , in which case each M.P.O. designated for 571
the area must: 572
a. Consult with every other M.P.O. designated for the 573
urbanized area and the state to coordinate plans and 574
transportation improvement programs. 575
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b. Ensure, to the maximum extent practicable, the 576
consistency of data used in the planning process, including data 577
used in forecasting travel demand within the urbanized area . 578
579
Each M.P.O. required under this section must be fully operative 580
no later than 6 months following its designation. 581
(6) POWERS, DUTIES, AND RESPONSIBILITIES. —The powers, 582
privileges, and authority of an M.P.O. are those specified in 583
this section or incorporated in an interlocal agreement 584
authorized under s. 1 63.01. Each M.P.O. shall perform all acts 585
required by federal or state laws or rules, now and subsequently 586
applicable, which are necessary to qualify for federal aid. It 587
is the intent of this section that each M.P.O. shall be involved 588
in the planning and p rogramming of transportation facilities, 589
including, but not limited to, airports, intercity and high -590
speed rail lines, seaports, and intermodal facilities, to the 591
extent permitted by state or federal law. An M.P.O. may not 592
perform project production or del ivery for capital improvement 593
projects on the State Highway System. 594
(a) Each M.P.O. shall, in cooperation with the department, 595
develop: 596
1. A long-range transportation plan pursuant to the 597
requirements of subsection (7) .; 598
2. An annually updated transp ortation improvement program 599
pursuant to the requirements of subsection (8) .; and 600
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3. An annual unified planning work program pursuant to the 601
requirements of subsection (9). 602
(b) In developing the long -range transportation plan and 603
the transportation imp rovement program required under paragraph 604
(a), each M.P.O. shall provide for consideration of projects and 605
strategies that will: 606
1. Support the economic vitality of the contiguous 607
urbanized metropolitan area, especially by enabling global 608
competitiveness, productivity, and efficiency .; 609
2. Increase the safety and security of the transportation 610
system for motorized and nonmotorized users .; 611
3. Increase the accessibility and mobility options 612
available to people and for freight .; 613
4. Protect and enhance t he environment, promote energy 614
conservation, and improve quality of life .; 615
5. Enhance the integration and connectivity of the 616
transportation system, across and between modes and contiguous 617
urbanized metropolitan areas , for people and freight .; 618
6. Promote efficient system management and operation .; and 619
7. Emphasize the preservation of the existing 620
transportation system. 621
8. Improve the resilience of transportation 622
infrastructure. 623
(c) In order to provide recommendations to the department 624
and local governmental entities regarding transportation plans 625
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and programs, each M.P.O. shall: 626
1. Prepare a congestion management system for the 627
contiguous urbanized metropolitan area and cooperate with the 628
department in the development of all other tra nsportation 629
management systems required by state or federal law .; 630
2. Assist the department in mapping transportation 631
planning boundaries required by state or federal law .; 632
3. Assist the department in performing its duties relating 633
to access management, functional classification of roads, and 634
data collection.; 635
4. Execute all agreements or certifications necessary to 636
comply with applicable state or federal law .; 637
5. Represent all the jurisdictional areas within the 638
metropolitan area in the formulation of transportation plans and 639
programs required by this section .; and 640
6. Perform all other duties required by state or federal 641
law. 642
(d) Each M.P.O. shall appoint a technical advisory 643
committee, the members of which shall serve at the pleasure of 644
the M.P.O. The membership of the technical advisory committee 645
must include, whenever possible, planners; engineers; 646
representatives of local aviation authorities, intermodal 647
logistics centers, port authorities, and public transit 648
authorities or representatives of aviation departments, seaport 649
departments, and public transit departments of municipal or 650
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county governments, as applicable; the school superintendent of 651
each county within the jurisdiction of the M.P.O. or the 652
superintendent's designe e; and other appropriate representatives 653
of affected local governments. For each M.P.O. the voting 654
membership of which is governed by paragraph (3)(a), when 655
selecting the membership of the technical advisory committee, 656
the M.P.O. must consider the proporti onal representation of the 657
area's population. In addition to any other duties assigned to 658
it by the M.P.O. or by state or federal law, the technical 659
advisory committee is responsible for considering safe access to 660
schools in its review of transportation pr oject priorities, 661
long-range transportation plans, and transportation improvement 662
programs, and shall advise the M.P.O. on such matters. In 663
addition, the technical advisory committee shall coordinate its 664
actions with local school boards and other local pro grams and 665
organizations within the metropolitan area which participate in 666
school safety activities, such as locally established community 667
traffic safety teams. Local school boards must provide the 668
appropriate M.P.O. with information concerning future schoo l 669
sites and in the coordination of transportation service. 670
(e)1. Each M.P.O. shall appoint a citizens' advisory 671
committee, the members of which serve at the pleasure of the 672
M.P.O. The membership on the citizens' advisory committee must 673
reflect a broad cross-section of local residents with an 674
interest in the development of an efficient, safe, and cost -675
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effective transportation system. Minorities, the elderly, and 676
the handicapped must be adequately represented. 677
2. Notwithstanding the provisions of subparagraph 1., an 678
M.P.O. may, with the approval of the department and the 679
applicable federal governmental agency, adopt an alternative 680
program or mechanism to ensure citizen involvement in the 681
transportation planning process. 682
(f) The department shall allocate to each M.P.O., for the 683
purpose of accomplishing its transportation planning and 684
programming duties, an appropriate amount of federal 685
transportation planning funds. 686
(g) Each M.P.O. shall have an executive or staff director 687
who reports directly to the M.P .O. governing board for all 688
matters regarding the administration and operation of the M.P.O. 689
and any additional personnel as deemed necessary. The executive 690
director and any additional personnel may be employed either by 691
an M.P.O. or by another governmenta l entity, such as a county, 692
city, or regional planning council, that has a staff services 693
agreement signed and in effect with the M.P.O. Each M.P.O. may 694
enter into contracts with local or state agencies, private 695
planning firms, private engineering firms, o r other public or 696
private entities to accomplish its transportation planning and 697
programming duties and administrative functions. 698
(h) In order to enhance their knowledge, effectiveness, 699
and participation in the urbanized area transportation planning 700
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process, each M.P.O. shall provide training opportunities and 701
training funds specifically for local elected officials and 702
others who serve on an M.P.O. The training opportunities may be 703
conducted by an individual M.P.O. or through statewide and 704
federal training programs and initiatives that are specifically 705
designed to meet the needs of M.P.O. board members. 706
(i) By December 31, 2023, There is created the Chairs 707
Coordinating Committee, composed of the M.P.O.'s serving Citrus, 708
Hernando, Hillsborough, Manatee, Pasco, and Pinellas, Polk, and 709
Sarasota Counties must submit a feasibility report to the 710
Governor, the President of the Senate, and the Speaker of the 711
House of Representatives exploring the benefits, costs, and 712
process of consolidation into a single M.P.O. serving the 713
contiguous urbanized area, the goal of which would be to . The 714
committee must, at a minimum : 715
1. Coordinate transportation projects deemed to be 716
regionally significant by the committee. 717
2. Review the impact of regionally significant land use 718
decisions on the region. 719
3. Review all proposed regionally significant 720
transportation projects in the respective transportation 721
improvement programs which affect more than one of the M.P.O.'s 722
represented on the committee . 723
4. Institute a conflict resolu tion process to address any 724
conflict that may arise in the planning and programming of such 725
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regionally significant projects. 726
(j)1. The Legislature finds that the state's rapid growth 727
in recent decades has caused many urbanized areas subject to 728
M.P.O. jurisdiction to become contiguous to each other. As a 729
result, various transportation projects may cross from the 730
jurisdiction of one M.P.O. into the jurisdiction of another 731
M.P.O. To more fully accomplish the purposes for which M.P.O.'s 732
have been mandated, M. P.O.'s shall develop coordination 733
mechanisms with one another to expand and improve transportation 734
within the state. The appropriate method of coordination between 735
M.P.O.'s shall vary depending upon the project involved and 736
given local and regional needs. Consequently, it is appropriate 737
to set forth a flexible methodology that can be used by M.P.O.'s 738
to coordinate with other M.P.O.'s and appropriate political 739
subdivisions as circumstances demand. 740
2. Any M.P.O. may join with any other M.P.O. or any 741
individual political subdivision to coordinate activities or to 742
achieve any federal or state transportation planning or 743
development goals or purposes consistent with federal or state 744
law. When an M.P.O. determines that it is appropriate to join 745
with another M.P.O. or any political subdivision to coordinate 746
activities, the M.P.O. or political subdivision shall enter into 747
an interlocal agreement pursuant to s. 163.01, which, at a 748
minimum, creates a separate legal or administrative entity to 749
coordinate the transporta tion planning or development activities 750
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required to achieve the goal or purpose; provides the purpose 751
for which the entity is created; provides the duration of the 752
agreement and the entity and specifies how the agreement may be 753
terminated, modified, or res cinded; describes the precise 754
organization of the entity, including who has voting rights on 755
the governing board, whether alternative voting members are 756
provided for, how voting members are appointed, and what the 757
relative voting strength is for each const ituent M.P.O. or 758
political subdivision; provides the manner in which the parties 759
to the agreement will provide for the financial support of the 760
entity and payment of costs and expenses of the entity; provides 761
the manner in which funds may be paid to and di sbursed from the 762
entity; and provides how members of the entity will resolve 763
disagreements regarding interpretation of the interlocal 764
agreement or disputes relating to the operation of the entity. 765
Such interlocal agreement shall become effective upon its 766
recordation in the official public records of each county in 767
which a member of the entity created by the interlocal agreement 768
has a voting member. Multiple This paragraph does not require 769
any M.P.O.'s may to merge, combine, or otherwise join together 770
as a single M.P.O. 771
(7) LONG-RANGE TRANSPORTATION PLAN. —Each M.P.O. must 772
develop a long-range transportation plan that addresses at least 773
a 20-year planning horizon. The plan must include both long -774
range and short-range strategies and must comply with all other 775
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state and federal requirements. The prevailing principles to be 776
considered in the long -range transportation plan are: preserving 777
the existing transportation infrastructure; enhancing Florida's 778
economic competitiveness; and improving travel choices to ensu re 779
mobility. The long-range transportation plan must be consistent, 780
to the maximum extent feasible, with future land use elements 781
and the goals, objectives, and policies of the approved local 782
government comprehensive plans of the units of local government 783
located within the jurisdiction of the M.P.O. Each M.P.O. is 784
encouraged to consider strategies that integrate transportation 785
and land use planning to provide for sustainable development and 786
reduce greenhouse gas emissions. The approved long -range 787
transportation plan must be considered by local governments in 788
the development of the transportation elements in local 789
government comprehensive plans and any amendments thereto. The 790
long-range transportation plan must, at a minimum: 791
(a) Identify transportation fa cilities, including, but not 792
limited to, major roadways, airports, seaports, spaceports, 793
commuter rail systems, transit systems, and intermodal or 794
multimodal terminals that will function as an integrated 795
metropolitan transportation system. The long -range 796
transportation plan must give emphasis to those transportation 797
facilities that serve national, statewide, or regional 798
functions, and must consider the goals and objectives identified 799
in the Florida Transportation Plan as provided in s. 339.155. If 800
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a project is located within the boundaries of more than one 801
M.P.O., the M.P.O.'s must coordinate plans regarding the project 802
in the long-range transportation plan. Multiple M.P.O.'s within 803
a contiguous urbanized area must coordinate the development of 804
long-range transportation plans to be reviewed by the 805
Metropolitan Planning Organization Advisory Council. 806
(b) Include a financial plan that demonstrates how the 807
plan can be implemented, indicating resources from public and 808
private sources which are reasonably expect ed to be available to 809
carry out the plan, and recommends any additional financing 810
strategies for needed projects and programs. The financial plan 811
may include, for illustrative purposes, additional projects that 812
would be included in the adopted long -range transportation plan 813
if reasonable additional resources beyond those identified in 814
the financial plan were available. For the purpose of developing 815
the long-range transportation plan, the M.P.O. and the 816
department shall cooperatively develop estimates of fun ds that 817
will be available to support the plan implementation. Innovative 818
financing techniques may be used to fund needed projects and 819
programs. Such techniques may include the assessment of tolls, 820
the use of value capture financing, or the use of value pri cing. 821
Multiple M.P.O.'s within a contiguous urbanized area must 822
ensure, to the maximum extent possible, the consistency of data 823
used in the planning process. 824
825
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In the development of its long -range transportation plan, each 826
M.P.O. must provide the public, af fected public agencies, 827
representatives of transportation agency employees, freight 828
shippers, providers of freight transportation services, private 829
providers of transportation, representatives of users of public 830
transit, and other interested parties with a reasonable 831
opportunity to comment on the long -range transportation plan. 832
The long-range transportation plan must be approved by the 833
M.P.O. 834
(8) TRANSPORTATION IMPROVEMENT PROGRAM. —Each M.P.O. shall, 835
in cooperation with the state and affected public trans portation 836
operators, develop a transportation improvement program for the 837
area within the jurisdiction of the M.P.O. In the development of 838
the transportation improvement program, each M.P.O. must provide 839
the public, affected public agencies, representative s of 840
transportation agency employees, freight shippers, providers of 841
freight transportation services, private providers of 842
transportation, representatives of users of public transit, and 843
other interested parties with a reasonable opportunity to 844
comment on the proposed transportation improvement program. 845
(a) Each M.P.O. is responsible for developing, annually, a 846
list of project priorities and a transportation improvement 847
program. The prevailing principles to be considered by each 848
M.P.O. when developing a l ist of project priorities and a 849
transportation improvement program are: preserving the existing 850
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transportation infrastructure; enhancing Florida's economic 851
competitiveness; and improving travel choices to ensure safety 852
and mobility. The transportation impr ovement program will be 853
used to initiate federally aided transportation facilities and 854
improvements as well as other transportation facilities and 855
improvements including transit, rail, aviation, spaceport, and 856
port facilities to be funded from the State Tr ansportation Trust 857
Fund within its metropolitan area in accordance with existing 858
and subsequent federal and state laws and rules and regulations 859
related thereto. The transportation improvement program shall be 860
consistent, to the maximum extent feasible, wi th the approved 861
local government comprehensive plans of the units of local 862
government whose boundaries are within the metropolitan area of 863
the M.P.O. and include those projects programmed pursuant to s. 864
339.2819(4). Multiple M.P.O.'s within a contiguous ur banized 865
area must coordinate transportation improvement programs. 866
(c) The transportation improvement program must, at a 867
minimum: 868
1. Include projects and project phases to be funded with 869
state or federal funds within the time period of the 870
transportation improvement program and which are recommended for 871
advancement during the next fiscal year and 4 subsequent fiscal 872
years. Such projects and project phases must be consistent, to 873
the maximum extent feasible, with the approved local government 874
comprehensive plans of the units of local government located 875
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within the jurisdiction of the M.P.O. For informational 876
purposes, the transportation improvement program shall also 877
include a list of projects to be funded from local or private 878
revenues. 879
2. Include projects within the metropolitan area which are 880
proposed for funding under 23 U.S.C. s. 134 of the Federal 881
Transit Act and which are consistent with the long -range 882
transportation plan developed under subsection (7). 883
3. Provide a financial plan that demonstrates how the 884
transportation improvement program can be implemented; indicates 885
the resources, both public and private, that are reasonably 886
expected to be available to accomplish the program; identifies 887
any innovative financing techniques that may be used to fun d 888
needed projects and programs; and may include, for illustrative 889
purposes, additional projects that would be included in the 890
approved transportation improvement program if reasonable 891
additional resources beyond those identified in the financial 892
plan were available. Innovative financing techniques may include 893
the assessment of tolls, the use of value capture financing, or 894
the use of value pricing. The transportation improvement program 895
may include a project or project phase only if full funding can 896
reasonably be anticipated to be available for the project or 897
project phase within the time period contemplated for completion 898
of the project or project phase. 899
4. Group projects and project phases of similar urgency 900
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and anticipated staging into appropriate staging periods. 901
5. Indicate how the transportation improvement program 902
relates to the long-range transportation plan developed under 903
subsection (7), including providing examples of specific 904
projects or project phases that further the goals and policies 905
of the long-range transportation plan. 906
6. Indicate whether any project or project phase is 907
inconsistent with an approved comprehensive plan of a unit of 908
local government located within the jurisdiction of the M.P.O. 909
If a project is inconsistent with an a ffected comprehensive 910
plan, the M.P.O. must provide justification for including the 911
project in the transportation improvement program. 912
7. Indicate how the improvements are consistent, to the 913
maximum extent feasible, with affected seaport, airport, and 914
spaceport master plans and with public transit development plans 915
of the units of local government located within the jurisdiction 916
of the M.P.O. If a project is located within the boundaries of 917
more than one M.P.O., the M.P.O.'s must coordinate plans 918
regarding the project in the transportation improvement program. 919
8. Indicate coordination or alignment with transportation 920
improvement plans of other M.P.O.'s within the contiguous 921
urbanized area. 922
(11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL. — 923
(c) The powers and duties of the Metropolitan Planning 924
Organization Advisory Council are to: 925
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1. Enter into contracts with individuals, private 926
corporations, and public agencies. 927
2. Acquire, own, operate, maintain, sell, or lease 928
personal property essenti al for the conduct of business. 929
3. Accept funds, grants, assistance, gifts, or bequests 930
from private, local, state, or federal sources. 931
1.4. Establish bylaws by action of its governing board 932
providing procedural rules to guide its proceedings and 933
consideration of matters before the council, or, alternatively, 934
adopt rules pursuant to ss. 120.536(1) and 120.54 to implement 935
provisions of law conferring powers or duties upon it. 936
2.5. Assist M.P.O.'s in carrying out the urbanized area 937
transportation planni ng process by serving as the principal 938
forum for collective policy discussion pursuant to law. 939
3.6. Serve as a clearinghouse for review and comment by 940
M.P.O.'s on the Florida Transportation Plan and on other issues 941
required to comply with federal or stat e law in carrying out the 942
urbanized area transportation and systematic planning processes 943
instituted pursuant to s. 339.155. The council must also report 944
annually to the Florida Transportation Commission on the 945
alignment of M.P.O. long -range transportation plans with the 946
Florida Transportation Plan. 947
4.7. Employ an executive director and such other staff as 948
necessary to perform adequately the functions of the council, 949
within budgetary limitations. The executive director and staff 950
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are exempt from part II of chapter 110 and serve at the 951
direction and control of the council. The council is assigned to 952
the Office of the Secretary of the Department of Transportation 953
for fiscal and accountability purposes, but it shall otherwise 954
function independently of the control and direction of the 955
department. 956
5. Deliver training on federal and state program 957
requirements and procedures to M.P.O. board members and M.P.O. 958
staff. 959
6.8. Adopt an agency strategic plan that prioritizes steps 960
the agency will take to carry out its mission within the context 961
of the state comprehensive plan and any other statutory mandates 962
and directives. 963
(d) The Metropolitan Planning Organization Advisory 964
Council may enter into contracts in accordance with chapter 287 965
to support the activities described in paragraph (c). Lobbying 966
and the acceptance of funds, grants, assistance, gifts, or 967
bequests from private, local, state, or federal sources are 968
prohibited. 969
Section 16. Section 339.651, Florida Statutes, is created 970
to read: 971
339.651 Strategic Intermodal System supply -chain demands.— 972
(1) The Legislature finds that Strategic Intermodal System 973
components defined in s. 339.62 ensure a multi -modal 974
transportation system; that the Strategic Intermodal System is a 975
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critical network supporting economic activities and the 976
transport of people and goods; and that the Strategic Intermodal 977
System is instrumental in the movement of road building 978
materials for infrastructure investments. The Legislature 979
further finds that Florida's ra pid economic and population 980
growth can compound supply -chain demands on the transportation 981
system, and the demand for construction aggregate continues to 982
outpace supply. 983
(2) The department shall specifically address in its 984
transportation plans, including the Florida Transportation Plan 985
and the Strategic Intermodal System Plan, movement and storage 986
of construction aggregate materials essential for building 987
roadways. 988
(3) The department shall make up to $20 million available 989
each year for fiscal years 2023 -2024 through 2027-2028, from 990
existing work program revenues, to fund projects that meet the 991
public purpose of providing increased capacity and enhanced 992
capabilities to move and store construction aggregate. 993
Applicants eligible for project funding under th is section are 994
seaports listed in s. 311.09 and rail lines and rail facilities. 995
(4) The department must consider at least the following 996
criteria when evaluating projects for assistance under this 997
section: 998
(a) The ability of the project to serve the str ategic 999
state interest of mitigating supply -chain demands for 1000
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construction aggregate sufficient to ensure ongoing improvement 1001
of the Strategic Intermodal System and the state's entire 1002
transportation network. 1003
(b) The ability of the project to facilitate th e cost-1004
effective and efficient movement and storage of construction 1005
aggregate. 1006
(c) The extent to which the project efficiently interacts 1007
with and supports the transportation network. 1008
(d) Any commitment of a funding match, which may be 1009
investment or commitment made by the owner or developer of the 1010
existing or proposed facility that facilitates or will 1011
facilitate the movement and storage of construction aggregate, 1012
local financial support or commitment, or a combination of both. 1013
Projects with a funding mat ch shall be prioritized based on the 1014
amount of the match and shall be prioritized over projects 1015
having no such funding match. 1016
(5) The State Transportation Trust Fund may fund up to 100 1017
percent of the cost of a project selected based on the criteria 1018
specified herein. 1019
(6) The department may adopt rules to implement this 1020
section. 1021
(7) This section shall stand repealed on July 1, 2028. 1022
Section 17. Section 339.84, Florida Statutes, is created 1023
to read: 1024
339.84 Workforce development. —Beginning in the 2023 -2024 1025
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fiscal year and annually thereafter for 5 years, $5 million 1026
shall be allocated from the State Transportation Trust Fund to 1027
the workforce development program as provided in s. 334.044(35) 1028
to promote career paths in Florida's road and bridge industry. 1029
Section 18. Section 354.01, Florida Statutes, is amended 1030
to read: 1031
354.01 Appointment of Special officers.—A railroad police 1032
officer Upon the application of any railroad or other common 1033
carrier doing business in this state, the Governor shall appoint 1034
one or more persons who has have met the law enforcement officer 1035
qualifications and training requirements of ss. 943.13 and 1036
943.135(1) shall be recognized as a special officer s. 943.13 as 1037
special officers for the protection and safety of any railroad 1038
or other common carrier doing business in this state such 1039
carriers; its their passengers and employees; and the property 1040
of such carrier carriers, passengers, and employees. A special 1041
officer is not considere d a law enforcement officer except for 1042
purposes of ss. 943.085 -943.255. However, until the Governor 1043
either appoints or rejects the application for appointment of a 1044
person as a special officer, the railroad or common carrier may 1045
temporarily employ the perso n as a special officer if he or she 1046
complies with the qualifications for employment as a law 1047
enforcement officer in s. 943.13. Notwithstanding any other 1048
provision of law, a special officer must have the same training 1049
as a law enforcement officer in accorda nce with ss. 943.13 and 1050
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943.135(1). A Class I, Class II, or Class III railroad shall be 1051
considered an employing agency for purposes of ss. 943.10, 1052
943.13, and 943.135(1), and shall pay all costs associated with 1053
the training and continuing education of empl oyed special 1054
officers. 1055
Section 19. Section 354.02, Florida Statutes, is amended 1056
to read: 1057
354.02 Powers.—Each special officer shall have and 1058
exercise Throughout every county in which the common carrier for 1059
which he or she is employed does business, operates, or owns 1060
property, a special officer may arrest a person who has violated 1061
was appointed, shall do business, operate, or own property, the 1062
power to make arrests for violation of law on the property of 1063
such common carrier, and to arrest persons, whether on or off 1064
such carrier's property, violating any law on such carrier's 1065
property, whether the arrest occurs on or off such carrier's 1066
property, under the same conditions under which a deputy sheriff 1067
sheriffs may by law make arrests, and may shall have authority 1068
to carry weapons for the reasonable purpose of his or her office 1069
their offices. 1070
Section 20. Section 354.05, Florida Statutes, is amended 1071
to read: 1072
354.05 Term of office; removal. —The commission of a 1073
special officer officers provided for herein shall be 1074
commissioned by the Governor, and their commissions shall 1075
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continue so long as he or she is they are employed in such 1076
capacity by the railroad or other common carrier . However, a 1077
special officer may; but they shall be removed by the Governor 1078
at any time, in the manner and for the causes provided by law. 1079
Section 21. Paragraph (f) of subsection (1) of section 1080
784.07, Florida Statutes, is amended to read: 1081
784.07 Assault or battery of law enforcement officers, 1082
firefighters, emergency medical care providers, public transit 1083
employees or agents, or other specified officers; 1084
reclassification of offenses; minimum sentences. — 1085
(1) As used in this section, the term: 1086
(f) "Railroad special officer" means a person employed by 1087
a Class I, Class II, or Class III railroad and appointed or 1088
pending appointment by the Governor pursuant to s. 354.01. 1089
Section 22. Subsections (1) and (4) of section 943.10, 1090
Florida Statutes, are amended to read: 1091
943.10 Definitions; ss. 943.085 -943.255.—The following 1092
words and phrases as used in ss. 943.085 -943.255 are defined as 1093
follows: 1094
(1) "Law enforcement officer" means any person who is 1095
elected, appointed, or employed full time by any municipality or 1096
the state or any political subdivision there of; who is vested 1097
with authority to bear arms and make arrests; and whose primary 1098
responsibility is the prevention and detection of crime or the 1099
enforcement of the penal, criminal, traffic, or highway laws of 1100
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the state. The term This definition includes all certified 1101
supervisory and command personnel whose duties include, in whole 1102
or in part, the supervision, training, guidance, and management 1103
responsibilities of full -time law enforcement officers, part -1104
time law enforcement officers, or auxiliary law enforc ement 1105
officers but does not include support personnel employed by the 1106
employing agency. The term also includes a special officer 1107
employed by a Class I, Class II, or Class III railroad pursuant 1108
to s. 354.01. 1109
(4) "Employing agency" means any agency or unit of 1110
government or any municipality or the state or any political 1111
subdivision thereof, or any agent thereof, which has 1112
constitutional or statutory authority to employ or appoint 1113
persons as officers. The term also includes any private entity 1114
that which has contracted with the state or county for the 1115
operation and maintenance of a nonjuvenile detention facility. 1116
The term also includes a Class I, Class II, or Class III 1117
railroad that employs special officers pursuant to s. 354.01. 1118
Section 23. Except as other wise expressly provided in this 1119
act, this act shall take effect July 1, 2023. 1120
1121