FL
Florida House Bill H0425

Florida 2023 Regular Session

Florida House Bill H0425 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14+A bill to be entitled 1
1515 An act relating to transportation; amending s. 2
1616 316.126, F.S.; requiring the driver of a vehicle to 3
1717 perform certain actions in the presence of a disabled 4
1818 motor vehicle; providing penalties; reenacting s. 5
1919 318.18(2)(d), F.S., relating to the amount of certain 6
2020 penalties, to incorporate the amendment made to s. 7
2121 316.126, F.S., in a reference thereto; creating s. 8
2222 316.83, F.S.; requiring the Department of 9
2323 Transportation to coordinate with certain entities to 10
2424 establish standards by which roads on the State 11
2525 Highway System shall be graded according to their 12
2626 compatibility with th e operation of autonomous 13
2727 vehicles; providing factors to be considered by the 14
2828 department in establishing such standards; requiring 15
2929 established standards to be incorporated into 16
3030 standards for certain transportation projects; 17
3131 amending s. 333.03, F.S.; requir ing political 18
3232 subdivisions to consider certain factors in airport 19
3333 land use compatibility zoning regulations; authorizing 20
3434 certain airport owners to establish noise contours 21
3535 pursuant to a specified study accepted by the Federal 22
3636 Aviation Administration; autho rizing mitigation of 23
3737 potential incompatible uses if a noise study has not 24
3838 been conducted; amending s. 334.044, F.S.; revising 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 the department's powers and duties regarding a 26
5252 workforce development program; creating s. 334.066, 27
5353 F.S.; establishing the Implemen ting Solutions from 28
5454 Transportation Research and Evaluating Emerging 29
5555 Technologies Living Lab (I -STREET) within the 30
5656 University of Florida; specifying the duties of I -31
5757 STREET; requiring I-STREET to submit an annual report 32
5858 to the Governor and Legislature; requi ring the 33
5959 creation of a certain advisory board; specifying the 34
6060 composition of the board; amending s. 334.179, F.S.; 35
6161 limiting certification of aggregate shipments to those 36
6262 in compliance with specified rules of the department; 37
6363 prohibiting a producer of aggreg ates from 38
6464 misrepresenting certification of aggregates; creating 39
6565 s. 334.181, F.S.; requiring a local governmental 40
6666 entity to accept an electronic proof of delivery as an 41
6767 official record for a material delivery on the local 42
6868 governmental entity's transportatio n project; amending 43
6969 s. 337.11, F.S.; requiring certain bridge construction 44
7070 or maintenance contracts to require certain marine 45
7171 general liability insurance; requiring the department 46
7272 to implement strategies to reduce certain costs and to 47
7373 make a record of such strategies and projected savings 48
7474 related thereto; authorizing the department to share a 49
7575 certain portion of construction cost savings with 50
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8484 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
8585
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8888 certain consultants; amending s. 337.1101, F.S.; 51
8989 revising procedures for resolving certain protests 52
9090 through settlements requiring the payment of certain 53
9191 amounts; amending s. 337.14, F.S.; revising a 54
9292 limitation on the amount of a construction contract 55
9393 for which a bidder may submit annual or interim 56
9494 financial statements prepared by a certified public 57
9595 accountant; revising t he effect of submission and 58
9696 approval of an application for a certificate of 59
9797 qualification; authorizing submission of a written 60
9898 request to maintain an existing certificate; amending 61
9999 s. 337.168, F.S.; deleting an exemption from public 62
100100 records requirements fo r identities of potential 63
101101 transportation project bidders; amending s. 337.408, 64
102102 F.S.; revising the maximum height of modular news 65
103103 racks or advertising thereon; amending s. 338.223, 66
104104 F.S.; deleting provisions prohibiting the department 67
105105 from requesting legisla tive approval of a proposed 68
106106 turnpike project until the design phase is partially 69
107107 completed; amending s. 339.175, F.S.; providing 70
108108 requirements for multiple M.P.O.'s designated for a 71
109109 single urbanized area; prohibiting an M.P.O. from 72
110110 performing project produc tion or delivery for certain 73
111111 projects; revising duties of an M.P.O.; revising 74
112112 membership of an M.P.O.'s technical advisory 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 committee; requiring the M.P.O.'s serving certain 76
126126 counties to submit a report to the Governor and 77
127127 Legislature by a specified date; re moving obsolete 78
128128 provisions; authorizing multiple M.P.O.'s to merge 79
129129 into a single M.P.O.; requiring multiple M.P.O.'s 80
130130 within a contiguous urbanized area to coordinate plans 81
131131 and transportation improvement programs and ensure 82
132132 consistency of certain data; requ iring an M.P.O.'s 83
133133 transportation improvement program to indicate 84
134134 coordination with transportation improvement plans of 85
135135 other M.P.O.'s within a contiguous urbanized area; 86
136136 revising powers and duties of the Metropolitan 87
137137 Planning Organization Advisory Council; authorizing 88
138138 the council to enter into certain contracts; providing 89
139139 prohibitions; creating s. 339.651, F.S.; providing 90
140140 legislative findings; requiring the department to 91
141141 specifically address movement and storage of 92
142142 construction aggregate in transportation p lans; 93
143143 requiring specified funding for certain projects; 94
144144 providing considerations for funding; requiring 95
145145 priority to be given to certain projects; specifying 96
146146 the funding level authorized from the State 97
147147 Transportation Trust Fund; authorizing the department 98
148148 to adopt rules; providing for future repeal; creating 99
149149 s. 339.84, F.S.; requiring specified funds to be 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160160
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162162 allocated to the department's workforce development 101
163163 program for certain purposes; amending s. 354.01, 102
164164 F.S.; requiring certain railroad police officers to be 103
165165 recognized as special officers for certain purposes; 104
166166 providing construction; removing provisions requiring 105
167167 the Governor to appoint special officers; amending ss. 106
168168 354.02, 354.05, and 784.07, F.S.; conforming 107
169169 provisions to changes made by the act; amendin g s. 108
170170 943.10, F.S.; revising definitions; providing 109
171171 effective dates. 110
172172 111
173173 Be It Enacted by the Legislature of the State of Florida: 112
174174 113
175175 Section 1. Effective January 1, 2024, paragraph (b) of 114
176176 subsection (1) of section 316.126, Florida Statutes, is amended, 115
177177 and subsection (6) of that section is republished, to read: 116
178178 316.126 Operation of vehicles and actions of pedestrians ; 117
179179 on approach of an authorized emergency, sanitation, or utility 118
180180 service vehicle, wrecker, or road and bridge maintenance or 119
181181 construction vehicle; presence of disabled motor vehicle .— 120
182182 (1) 121
183183 (b) If an authorized emergency vehicle displaying any 122
184184 visual signals is parked on the roadside, a sanitation vehicle 123
185185 is performing a task related to the provision of sanitation 124
186186 services on the roadside, a utility service vehicle is 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 performing a task related to the provision of utility services 126
200200 on the roadside, a wrecker displaying amber rotating or flashing 127
201201 lights is performing a recovery or loading on the roadside, or a 128
202202 road and bridge maintenance or con struction vehicle displaying 129
203203 warning lights is on the roadside without advance signs and 130
204204 channelizing devices, or a disabled motor vehicle is stopped and 131
205205 is displaying warning lights or hazard lights; is stopped and is 132
206206 using emergency flares or posting eme rgency signage; or is 133
207207 stopped and one or more persons are visibly present, the driver 134
208208 of every other vehicle, as soon as it is safe: 135
209209 1. Shall vacate the lane closest to the emergency vehicle, 136
210210 sanitation vehicle, utility service vehicle, wrecker, or road 137
211211 and bridge maintenance or construction vehicle , or disabled 138
212212 motor vehicle when driving on an interstate highway or other 139
213213 highway with two or more lanes traveling in the direction of the 140
214214 emergency vehicle, sanitation vehicle, utility service vehicle, 141
215215 wrecker, or road and bridge maintenance or construction vehicle , 142
216216 or disabled motor vehicle except when otherwise directed by a 143
217217 law enforcement officer. If such movement cannot be safely 144
218218 accomplished, the driver shall reduce speed as provided in 145
219219 subparagraph 2. 146
220220 2. Shall slow to a speed that is 20 miles per hour less 147
221221 than the posted speed limit when the posted speed limit is 25 148
222222 miles per hour or greater; or travel at 5 miles per hour when 149
223223 the posted speed limit is 20 miles per hour or less, when 150
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232232 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
233233
234234
235235
236236 driving on a two-lane road, except when otherwise directed by a 151
237237 law enforcement officer. 152
238238 (6) A violation of this section is a noncriminal traffic 153
239239 infraction, punishable pursuant to chapter 318 as either a 154
240240 moving violation for infractions of subsection (1) or subsection 155
241241 (3), or as a pedestrian violation for infractions of subsection 156
242242 (2). 157
243243 Section 2. Effective January 1, 2024, for the purpose of 158
244244 incorporating the amendment made by this act to section 316.126, 159
245245 Florida Statutes, in a reference thereto, paragraph (d) of 160
246246 subsection (2) of section 318.18, Florida Statutes, is reenacted 161
247247 to read: 162
248248 318.18 Amount of penalties. —The penalties required for a 163
249249 noncriminal disposition pursuant to s. 318.14 or a criminal 164
250250 offense listed in s. 318.17 are as follows: 165
251251 (2) Thirty dollars f or all nonmoving traffic violations 166
252252 and: 167
253253 (d) For all violations of s. 316.126(1)(b), unless 168
254254 otherwise specified. 169
255255 Section 3. Section 316.83, Florida Statutes, is created to 170
256256 read: 171
257257 316.83 Autonomous vehicle grading standards for roads on 172
258258 State Highway System.—The Department of Transportation shall 173
259259 coordinate with federal, regional, and local partners, as well 174
260260 as industry representatives, to establish standards by which 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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271271
272272
273273 roads on the State Highway System shall be graded according to 176
274274 their compatibility w ith the operation of autonomous vehicles. 177
275275 In establishing such standards, the department shall consider 178
276276 factors including, but not limited to, the structural adequacy 179
277277 and safety of each road and the particular challenges that the 180
278278 overall driving environmen t of each road may present to a fully 181
279279 autonomous vehicle operating with the automated driving system 182
280280 engaged. Autonomous vehicle grading standards established 183
281281 pursuant to this section shall be incorporated into standards 184
282282 for transportation projects involvi ng the construction of new 185
283283 roads or maintenance of existing roads on the State Highway 186
284284 System. 187
285285 Section 4. Subsection (2) of section 333.03, Florida 188
286286 Statutes, is amended to read: 189
287287 333.03 Requirement to adopt airport zoning regulations. — 190
288288 (2) In the manner provided in subsection (1), political 191
289289 subdivisions shall adopt, administer, and enforce airport land 192
290290 use compatibility zoning regulations. Airport land use 193
291291 compatibility zoning regulations shall, at a minimum, consider 194
292292 address the following: 195
293293 (a) The prohibition of new landfills and the restriction 196
294294 of existing landfills within the following areas: 197
295295 1. Within 10,000 feet from the nearest point of any runway 198
296296 used or planned to be used by turbine aircraft. 199
297297 2. Within 5,000 feet from the nearest point o f any runway 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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308308
309309
310310 used by only nonturbine aircraft. 201
311311 3. Outside the perimeters defined in subparagraphs 1. and 202
312312 2., but still within the lateral limits of the civil airport 203
313313 imaginary surfaces defined in 14 C.F.R. s. 77.19. Case -by-case 204
314314 review of such landfills is advised. 205
315315 (b) Where any landfill is located and constructed in a 206
316316 manner that attracts or sustains hazardous bird movements from 207
317317 feeding, water, or roosting areas into, or across, the runways 208
318318 or approach and departure patterns of aircraft. The landfill 209
319319 operator must incorporate bird management techniques or other 210
320320 practices to minimize bird hazards to airborne aircraft. 211
321321 (c) Where an airport authority or other governing body 212
322322 operating a public-use airport has conducted a noise study in 213
323323 accordance with 14 C.F.R. part 150, or where a public -use 214
324324 airport owner has established noise contours pursuant to another 215
325325 public study accepted approved by the Federal Aviation 216
326326 Administration, the prohibition of incompatible uses, as 217
327327 established in the noise study in 14 C. F.R. part 150, Appendix A 218
328328 or as a part of an alternative Federal Aviation Administration-219
329329 accepted Administration-approved public study, within the noise 220
330330 contours established by any of these studies, except if such 221
331331 uses are specifically contemplated by such study with 222
332332 appropriate mitigation or similar techniques described in the 223
333333 study. 224
334334 (d) Where an airport authority or other governing body 225
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343343 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
344344
345345
346346
347347 operating a public-use airport has not conducted a noise study, 226
348348 the mitigation prohibition of potential incompatible u ses 227
349349 associated with residential construction and any educational 228
350350 facility, with the exception of aviation school facilities, 229
351351 within an area contiguous to the airport measuring one -half the 230
352352 length of the longest runway on either side of and at the end of 231
353353 each runway centerline. 232
354354 (e) The restriction of new incompatible uses, activities, 233
355355 or substantial modifications to existing incompatible uses 234
356356 within runway protection zones. 235
357357 Section 5. Subsection (35) of section 334.044, Florida 236
358358 Statutes, is amended to read: 237
359359 334.044 Powers and duties of the department. —The 238
360360 department shall have the following general powers and duties: 239
361361 (35) To provide a road and bridge construction workforce 240
362362 development program, in consultation with affected stakeholders, 241
363363 for delivery construction of projects designated in the 242
364364 department's work program. 243
365365 Section 6. Section 334.066, Florida Statutes, is created 244
366366 to read: 245
367367 334.066 Implementing Solutions from Transportation 246
368368 Research and Evaluating Emerging Technologies Living Lab. — 247
369369 (1) The Implementing Solutions from Transportation 248
370370 Research and Evaluating Emerging Technologies Living Lab (I -249
371371 STREET) is established within the University of Florida. 250
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380380 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
381381
382382
383383
384384 (2) At a minimum, I -STREET shall: 251
385385 (a) Conduct and facilitate research on issues relat ed to 252
386386 innovative transportation mobility and safety technology 253
387387 development and deployment in this state and serve as an 254
388388 information exchange and depository for the most current 255
389389 information pertaining to transportation research, education, 256
390390 workforce development, and related issues. 257
391391 (b) Be a continuing resource for the Legislature, the 258
392392 department, local governments, the nation's metropolitan 259
393393 regions, and the private sector in the area of transportation 260
394394 and related research. 261
395395 (c) Promote intercampus transpo rtation and related 262
396396 research activities among Florida universities to enhance the 263
397397 ability of these universities to attract federal and private 264
398398 sector funding for transportation and related research. 265
399399 (d) Provide by July 1, 2024, and each July 1 thereafter , 266
400400 to the Governor, the President of the Senate, and the Speaker of 267
401401 the House of Representatives a comprehensive report that 268
402402 outlines its clearly defined goals and its efforts and progress 269
403403 on reaching those goals. 270
404404 (3) An advisory board shall be created to periodically 271
405405 review and advise I-STREET concerning its research program. The 272
406406 board shall consist of nine members with expertise in 273
407407 transportation-related areas, as follows: 274
408408 (a) A member appointed by the President of the Senate. 275
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417417 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
418418
419419
420420
421421 (b) A member appointed by the Speaker of the House of 276
422422 Representatives. 277
423423 (c) The Secretary of Transportation or his or her 278
424424 designee. 279
425425 (d) The Secretary of Economic Opportunity or his or her 280
426426 designee. 281
427427 (e) A member of the Florida Transportation Commission. 282
428428 (f) Four members nominated by the University of Florida's 283
429429 College of Engineering and approved by the university's 284
430430 president. The College of Engineering's nominees may include 285
431431 representatives of the University of Florida, other academic and 286
432432 research institutions, or private entities. 287
433433 Section 7. Section 334.179, Florida Statutes, is amended 288
434434 to read: 289
435435 334.179 Department standards or specifications for 290
436436 permissible use of aggregates ; misrepresentation of 291
437437 certification.— 292
438438 (1) Notwithstanding any law, rule, or ordinance to t he 293
439439 contrary, a local government may not adopt standards or 294
440440 specifications that are contrary to the department standards or 295
441441 specifications for permissible use of aggregates that have been 296
442442 certified for use. For purposes of this section, the term 297
443443 "certified for use" means that the aggregates have been 298
444444 certified by the producer in compliance accordance with 299
445445 department rules adopted pursuant to s. 334.044(10)(d) . This 300
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454454 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
455455
456456
457457
458458 section does not apply to a multicounty independent special 301
459459 district created by a special act of the Legislature. 302
460460 (2) A producer may not represent that an aggregate is 303
461461 certified for use unless such aggregate is in compliance with 304
462462 department rules adopted pursuant to s. 334.044(10)(d). 305
463463 Section 8. Section 334.181, Florida Statutes, is created 306
464464 to read: 307
465465 334.181 Electronic proof of delivery. —Notwithstanding any 308
466466 law, rule, or ordinance to the contrary, a local governmental 309
467467 entity must accept an electronic proof of delivery as an 310
468468 official record for a material delivery on the local 311
469469 governmental entity's transportation project. 312
470470 Section 9. Subsections (15) and (16) of section 337.11, 313
471471 Florida Statutes, are renumbered as subsections (18) and (19), 314
472472 respectively, and new subsections (15), (16), and (17) are added 315
473473 to that section to read: 316
474474 337.11 Contracting authority of department; bids; 317
475475 emergency repairs, supplemental agreements, and change orders; 318
476476 combined design and construction contracts; progress payments; 319
477477 records; requirements of vehicle registration. — 320
478478 (15) Each contract let by the department for performance 321
479479 of bridge construction or maintenance over navigable waters must 322
480480 contain a provision requiring marine general liability 323
481481 insurance, in an amount to be determined by the department, 324
482482 which covers third-party personal injury and property damage 325
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491491 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
492492
493493
494494
495495 caused by vessels used by the contractor in the performance of 326
496496 the work. 327
497497 (16) The department shall implement strategies to reduce 328
498498 the cost of all project phases, including design, construction, 329
499499 and inspection, while ensuring that the design and construc tion 330
500500 of projects meet applicable federal and state standards. The 331
501501 department shall make a record of such strategies and the 332
502502 projected savings related thereto. 333
503503 (17) The department may share a portion of the 334
504504 construction cost savings realized due to a chan ge in the 335
505505 construction contract design and scope, initiated after 336
506506 execution of the contract, with a design services consultant or 337
507507 a construction engineering and inspection services consultant to 338
508508 the extent that the consultant's input and involvement 339
509509 contributed to such savings. The amount paid to a consultant 340
510510 pursuant to this subsection may not exceed 10 percent of the 341
511511 construction cost savings realized. 342
512512 Section 10. Subsection (1) of section 337.1101, Florida 343
513513 Statutes, is amended to read: 344
514514 337.1101 Contracting and procurement authority of the 345
515515 department; settlements; notification required. — 346
516516 (1) When the department, or any entity or enterprise 347
517517 within the department, determines that it is in the best 348
518518 interest of the public to resolve a protest filed in accordance 349
519519 with s. 120.57(3) of the award of a contract being procured 350
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528528 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
529529
530530
531531
532532 pursuant to s. 337.11 or related to the purchase of personal 351
533533 property or contractual services being procured pursuant to s. 352
534534 287.057, through a settlement that requires the department to 353
535535 pay a nonselected responsive bidder a total sum of $1 million or 354
536536 more, including any amount paid pursuant to s. 334.049, any 355
537537 amount paid pursuant to s. 337.11(8) which is not included in 356
538538 the department's work program approved by the Legislature as 357
539539 part of the General Appropriations Act , or any amount paid 358
540540 pursuant to any other law, the department must: 359
541541 (a) Document in a written memorandum by the secretary the 360
542542 specific reasons that such settlement and payment to a 361
543543 nonselected responsive bidder is in the b est interest of the 362
544544 state. The written memorandum must be included and maintained in 363
545545 the department's permanent files concerning the procurement and 364
546546 must include: 365
547547 1. A description of the property rights, patent rights, 366
548548 copyrights, trademarks, or the engi neering design or other 367
549549 design work that the department will acquire or retain as a 368
550550 result of such settlement; and 369
551551 2. The specific appropriation in the existing General 370
552552 Appropriations Act which the department intends to use to 371
553553 provide such payment. 372
554554 (b) Provide prior written notification to the President of 373
555555 the Senate, the Speaker of the House of Representatives, the 374
556556 Senate and House of Representatives minority leaders, the chair 375
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565565 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
566566
567567
568568
569569 and vice chair of the Legislative Budget Commission, and the 376
570570 Attorney General at least 5 business days, or as soon thereafter 377
571571 as practicable, before the department makes the settlement 378
572572 agreement final. Such written notification must include the 379
573573 written memorandum required pursuant to paragraph (a). 380
574574 (c) Provide, at the time sett lement discussions regarding 381
575575 any such payment have begun in earnest, written notification of 382
576576 such discussions to the President of the Senate, the Speaker of 383
577577 the House of Representatives, the Senate and House of 384
578578 Representatives minority leaders, the chair a nd vice chair of 385
579579 the Legislative Budget Commission, and the Attorney General. 386
580580 Section 11. Subsections (1) and (4) of section 337.14, 387
581581 Florida Statutes, are amended to read: 388
582582 337.14 Application for qualification; certificate of 389
583583 qualification; restrictio ns; request for hearing. — 390
584584 (1) Any contractor desiring to bid for the performance of 391
585585 any construction contract in excess of $250,000 which the 392
586586 department proposes to let must first be certified by the 393
587587 department as qualified pursuant to this section and r ules of 394
588588 the department. The rules of the department must address the 395
589589 qualification of contractors to bid on construction contracts in 396
590590 excess of $250,000 and must include requirements with respect to 397
591591 the equipment, past record, experience, financial resourc es, and 398
592592 organizational personnel of the applying contractor which are 399
593593 necessary to perform the specific class of work for which the 400
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602602 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
603603
604604
605605
606606 contractor seeks certification. Any contractor who desires to 401
607607 bid on contracts in excess of $50 million and who is not 402
608608 qualified and in good standing with the department as of January 403
609609 1, 2019, must first be certified by the department as qualified 404
610610 and must have satisfactorily completed two projects, each in 405
611611 excess of $15 million, for the department or for any other state 406
612612 department of transportation. The department may limit the 407
613613 dollar amount of any contract upon which a contractor is 408
614614 qualified to bid or the aggregate total dollar volume of 409
615615 contracts such contractor is allowed to have under contract at 410
616616 any one time. Each applyin g contractor seeking qualification to 411
617617 bid on construction contracts in excess of $250,000 shall 412
618618 furnish the department a statement under oath, on such forms as 413
619619 the department may prescribe, setting forth detailed information 414
620620 as required on the application. Each application for 415
621621 certification must be accompanied by audited, certified 416
622622 financial statements prepared in accordance with generally 417
623623 accepted accounting principles and auditing standards by a 418
624624 certified public accountant licensed in this state or anothe r 419
625625 state. The audited, certified financial statements must be for 420
626626 the applying contractor and must have been prepared within the 421
627627 immediately preceding 12 months. The department may not consider 422
628628 any financial information of the parent entity of the applying 423
629629 contractor, if any. The department may not certify as qualified 424
630630 any applying contractor who fails to submit the audited, 425
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639639 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
640640
641641
642642
643643 certified financial statements required by this subsection. If 426
644644 the application or the annual financial statement shows the 427
645645 financial condition of the applying contractor more than 4 428
646646 months before the date on which the application is received by 429
647647 the department, the applicant must also submit interim audited, 430
648648 certified financial statements prepared in accordance with 431
649649 generally accepted acco unting principles and auditing standards 432
650650 by a certified public accountant licensed in this state or 433
651651 another state. The interim financial statements must cover the 434
652652 period from the end date of the annual statement and must show 435
653653 the financial condition of the applying contractor no more than 436
654654 4 months before the date that the interim financial statements 437
655655 are received by the department. However, upon the request of the 438
656656 applying contractor, an application and accompanying annual or 439
657657 interim financial statement rec eived by the department within 15 440
658658 days after either 4-month period under this subsection shall be 441
659659 considered timely. An applying contractor desiring to bid 442
660660 exclusively for the performance of construction contracts with 443
661661 proposed budget estimates of less tha n $2 $1 million may submit 444
662662 reviewed annual or reviewed interim financial statements 445
663663 prepared by a certified public accountant. The information 446
664664 required by this subsection is confidential and exempt from s. 447
665665 119.07(1). The department shall act upon the appli cation for 448
666666 qualification within 30 days after the department determines 449
667667 that the application is complete. The department may waive the 450
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676676 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
677677
678678
679679
680680 requirements of this subsection for projects having a contract 451
681681 price of $500,000 or less if the department determines tha t the 452
682682 project is of a noncritical nature and the waiver will not 453
683683 endanger public health, safety, or property. 454
684684 (4) If the applicant is found to possess the prescribed 455
685685 qualifications, the department shall issue to him or her a 456
686686 certificate of qualification that, unless thereafter revoked by 457
687687 the department for good cause, will be valid for a period of 18 458
688688 months after the date of the applicant's financial statement or 459
689689 such shorter period as the department prescribes. Submission of 460
690690 an application does and subsequent approval do not affect 461
691691 expiration of the certificate of qualification , the ability 462
692692 factor of the applicant, or the maximum capacity rating of the 463
693693 applicant. An applicant may submit a written request with a 464
694694 timely submitted application to keep an existing certificate of 465
695695 qualification in place until the expiration date. If the request 466
696696 is approved by the department, the current maximum capacity 467
697697 rating of the applicant must remain in place until expiration of 468
698698 the current certificate of qualification. If the department 469
699699 finds that an application is incomplete or contains inadequate 470
700700 information or information that cannot be verified, the 471
701701 department may request in writing that the applicant provide the 472
702702 necessary information to complete the application or p rovide the 473
703703 source from which any information in the application may be 474
704704 verified. If the applicant fails to comply with the initial 475
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713713 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
714714
715715
716716
717717 written request within a reasonable period of time as specified 476
718718 therein, the department shall request the information a secon d 477
719719 time. If the applicant fails to comply with the second request 478
720720 within a reasonable period of time as specified therein, the 479
721721 application shall be denied. 480
722722 Section 12. Subsection (2) of section 337.168, Florida 481
723723 Statutes, is amended to read: 482
724724 337.168 Confidentiality of official estimates , identities 483
725725 of potential bidders, and bid analysis and monitoring system. — 484
726726 (2) A document that reveals the identity of a person who 485
727727 has requested or obtained a bid package, plan, or specifications 486
728728 pertaining to any pr oject to be let by the department is 487
729729 confidential and exempt from the provisions of s. 119.07(1) for 488
730730 the period that begins 2 working days before the deadline for 489
731731 obtaining bid packages, plans, or specifications and ends with 490
732732 the letting of the bid. A docu ment that reveals the identity of 491
733733 a person who has requested or obtained a bid package, plan, or 492
734734 specifications pertaining to any project to be let by the 493
735735 department before the 2 working days before the deadline for 494
736736 obtaining bid packages, plans, or specif ications remains a 495
737737 public record subject to s. 119.07(1). 496
738738 Section 13. Subsection (3) of section 337.408, Florida 497
739739 Statutes, is amended to read: 498
740740 337.408 Regulation of bus stops, benches, transit 499
741741 shelters, street light poles, waste disposal receptacles, and 500
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750750 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
751751
752752
753753
754754 modular news racks within rights -of-way.— 501
755755 (3) Modular news racks, including advertising thereon, may 502
756756 be located within the right -of-way limits of any municipal, 503
757757 county, or state road, except a limited access highway, if 504
758758 provided the municipal government within whose incorporated 505
759759 limits such racks are installed or the county government within 506
760760 whose unincorporated limits such racks are installed has passed 507
761761 an ordinance regulating the placement of modular news racks 508
762762 within the right-of-way and has authorized a qualified private 509
763763 supplier of modular news racks to provide such service. The 510
764764 modular news rack or advertising thereon may shall not exceed a 511
765765 height of 105 56 inches or a total advertising space of 56 512
766766 square feet. No later than 45 days before prior to installation 513
767767 of modular news racks, the private supplier must shall provide a 514
768768 map of proposed locations and typical installation plans to the 515
769769 department for approval. If the department does not respond 516
770770 within 45 days after receipt of the submitted plans, 517
771771 installation may proceed. 518
772772 Section 14. Paragraph (a) of subsection (1) of section 519
773773 338.223, Florida Statutes, is amended to read: 520
774774 338.223 Proposed turnpike projects. — 521
775775 (1)(a) Any proposed project to be constructed or acquired 522
776776 as part of the turnpike system and any turnpike improvement 523
777777 shall be included in the tentative work program. A proposed 524
778778 project or group of proposed projects may not be added to the 525
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787787 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
788788
789789
790790
791791 turnpike system unless such project or projects are determined 526
792792 to be economically feasible and a statement of environmental 527
793793 feasibility has been completed for such project or projects and 528
794794 such projects are determined to be consistent, to the maximum 529
795795 extent feasible, with approved local government comprehensive 530
796796 plans of the local governments in which such projects are 531
797797 located. The department may authorize engineering studies, 532
798798 traffic studies, environmental studies, and other expert studies 533
799799 of the location, costs, economic feasibility, and practicality 534
800800 of proposed turnpike projects throughout the state and may 535
801801 proceed with the design phase of such projects. The department 536
802802 may not request legislative approval of a proposed turnpike 537
803803 project until the design phase of that project is at least 30 538
804804 percent complete. If a proposed project or group of proposed 539
805805 projects is found to be economically feasible, consistent, to 540
806806 the maximum extent feasible, with approved local government 541
807807 comprehensive plans of the local governments in which such 542
808808 projects are located, and a favorable statement of envir onmental 543
809809 feasibility has been completed, the department, with the 544
810810 approval of the Legislature, shall, after the receipt of all 545
811811 necessary permits, construct, maintain, and operate such 546
812812 turnpike projects. 547
813813 Section 15. Paragraph (a) of subsection (2), sub section 548
814814 (6), paragraphs (a) and (b) of subsection (7), paragraphs (a) 549
815815 and (c) of subsection (8), and paragraph (c) of subsection (11) 550
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824824 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
825825
826826
827827
828828 of section 339.175, Florida Statutes, are amended, and paragraph 551
829829 (d) is added to subsection (11) of that section, to read: 552
830830 339.175 Metropolitan planning organization. — 553
831831 (2) DESIGNATION.— 554
832832 (a)1. An M.P.O. shall be designated for each urbanized 555
833833 area of the state; however, this does not require that an 556
834834 individual M.P.O. be designated for each such area. Such 557
835835 designation shall be accomplished by agreement between the 558
836836 Governor and units of general -purpose local government 559
837837 representing at least 75 percent of the population of the 560
838838 urbanized area; however, the unit of general -purpose local 561
839839 government that represents the central ci ty or cities within the 562
840840 M.P.O. jurisdiction, as defined by the United States Bureau of 563
841841 the Census, must be a party to such agreement. 564
842842 2. To the extent possible, only one M.P.O. shall be 565
843843 designated for each urbanized area or group of contiguous 566
844844 urbanized areas. More than one M.P.O. may be designated within 567
845845 an existing urbanized area only if the Governor and the existing 568
846846 M.P.O. determine that the size and complexity of the existing 569
847847 urbanized area makes the designation of more than one M.P.O. for 570
848848 the area appropriate, in which case each M.P.O. designated for 571
849849 the area must: 572
850850 a. Consult with every other M.P.O. designated for the 573
851851 urbanized area and the state to coordinate plans and 574
852852 transportation improvement programs. 575
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861861 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
862862
863863
864864
865865 b. Ensure, to the maximum extent practica ble, the 576
866866 consistency of data used in the planning process, including data 577
867867 used in forecasting travel demand within the urbanized area . 578
868868 579
869869 Each M.P.O. required under this section must be fully operative 580
870870 no later than 6 months following its designation. 581
871871 (6) POWERS, DUTIES, AND RESPONSIBILITIES. —The powers, 582
872872 privileges, and authority of an M.P.O. are those specified in 583
873873 this section or incorporated in an interlocal agreement 584
874874 authorized under s. 163.01. Each M.P.O. shall perform all acts 585
875875 required by federal or st ate laws or rules, now and subsequently 586
876876 applicable, which are necessary to qualify for federal aid. It 587
877877 is the intent of this section that each M.P.O. shall be involved 588
878878 in the planning and programming of transportation facilities, 589
879879 including, but not limited to, airports, intercity and high -590
880880 speed rail lines, seaports, and intermodal facilities, to the 591
881881 extent permitted by state or federal law. An M.P.O. may not 592
882882 perform project production or delivery for capital improvement 593
883883 projects on the State Highway System. 594
884884 (a) Each M.P.O. shall, in cooperation with the department, 595
885885 develop: 596
886886 1. A long-range transportation plan pursuant to the 597
887887 requirements of subsection (7) .; 598
888888 2. An annually updated transportation improvement program 599
889889 pursuant to the requirements of subsec tion (8).; and 600
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898898 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
899899
900900
901901
902902 3. An annual unified planning work program pursuant to the 601
903903 requirements of subsection (9). 602
904904 (b) In developing the long -range transportation plan and 603
905905 the transportation improvement program required under paragraph 604
906906 (a), each M.P.O. shall pr ovide for consideration of projects and 605
907907 strategies that will: 606
908908 1. Support the economic vitality of the contiguous 607
909909 urbanized metropolitan area, especially by enabling global 608
910910 competitiveness, productivity, and efficiency .; 609
911911 2. Increase the safety and secur ity of the transportation 610
912912 system for motorized and nonmotorized users .; 611
913913 3. Increase the accessibility and mobility options 612
914914 available to people and for freight .; 613
915915 4. Protect and enhance the environment, promote energy 614
916916 conservation, and improve quality of life.; 615
917917 5. Enhance the integration and connectivity of the 616
918918 transportation system, across and between modes and contiguous 617
919919 urbanized metropolitan areas , for people and freight .; 618
920920 6. Promote efficient system management and operation .; and 619
921921 7. Emphasize the preservation of the existing 620
922922 transportation system. 621
923923 8. Improve the resilience of transportation 622
924924 infrastructure. 623
925925 (c) In order to provide recommendations to the department 624
926926 and local governmental entities regarding transportation plans 625
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935935 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
936936
937937
938938
939939 and programs, each M.P.O. shall: 626
940940 1. Prepare a congestion management system for the 627
941941 contiguous urbanized metropolitan area and cooperate with the 628
942942 department in the development of all other transportation 629
943943 management systems required by state or federal law .; 630
944944 2. Assist the department in mapping transportation 631
945945 planning boundaries required by state or federal law .; 632
946946 3. Assist the department in performing its duties relating 633
947947 to access management, functional classification of roads, and 634
948948 data collection.; 635
949949 4. Execute all agreements or certifications necessary to 636
950950 comply with applicable state or federal law .; 637
951951 5. Represent all the jurisdictional areas within the 638
952952 metropolitan area in the formulation of transportation plans and 639
953953 programs required by this section .; and 640
954954 6. Perform all other duties required by state or federal 641
955955 law. 642
956956 (d) Each M.P.O. shall appoint a technical advisory 643
957957 committee, the members of which shall serve at the pleasure of 644
958958 the M.P.O. The membership of the technical advisory committee 645
959959 must include, whenever p ossible, planners; engineers; 646
960960 representatives of local aviation authorities, intermodal 647
961961 logistics centers, port authorities, and public transit 648
962962 authorities or representatives of aviation departments, seaport 649
963963 departments, and public transit departments of m unicipal or 650
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972972 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
973973
974974
975975
976976 county governments, as applicable; the school superintendent of 651
977977 each county within the jurisdiction of the M.P.O. or the 652
978978 superintendent's designee; and other appropriate representatives 653
979979 of affected local governments. For each M.P.O. the voting 654
980980 membership of which is governed by paragraph (3)(a), when 655
981981 selecting the membership of the technical advisory committee, 656
982982 the M.P.O. must consider the proportional representation of the 657
983983 area's population. In addition to any other duties assigned to 658
984984 it by the M.P.O. or by state or federal law, the technical 659
985985 advisory committee is responsible for considering safe access to 660
986986 schools in its review of transportation project priorities, 661
987987 long-range transportation plans, and transportation improvement 662
988988 programs, and shall advise the M.P.O. on such matters. In 663
989989 addition, the technical advisory committee shall coordinate its 664
990990 actions with local school boards and other local programs and 665
991991 organizations within the metropolitan area which participate in 666
992992 school safety activities, such as locally established community 667
993993 traffic safety teams. Local school boards must provide the 668
994994 appropriate M.P.O. with information concerning future school 669
995995 sites and in the coordination of transportation service. 670
996996 (e)1. Each M.P.O. shall appoint a citi zens' advisory 671
997997 committee, the members of which serve at the pleasure of the 672
998998 M.P.O. The membership on the citizens' advisory committee must 673
999999 reflect a broad cross -section of local residents with an 674
10001000 interest in the development of an efficient, safe, and cost -675
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10091009 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
10101010
10111011
10121012
10131013 effective transportation system. Minorities, the elderly, and 676
10141014 the handicapped must be adequately represented. 677
10151015 2. Notwithstanding the provisions of subparagraph 1., an 678
10161016 M.P.O. may, with the approval of the department and the 679
10171017 applicable federal governmental agency, adopt an alternative 680
10181018 program or mechanism to ensure citizen involvement in the 681
10191019 transportation planning process. 682
10201020 (f) The department shall allocate to each M.P.O., for the 683
10211021 purpose of accomplishing its transportation planning and 684
10221022 programming duties, an appropriate amount of federal 685
10231023 transportation planning funds. 686
10241024 (g) Each M.P.O. shall have an executive or staff director 687
10251025 who reports directly to the M.P.O. governing board for all 688
10261026 matters regarding the administration and operation of the M.P.O. 689
10271027 and any additional personnel as deemed necessary. The executive 690
10281028 director and any additional personnel may be employed either by 691
10291029 an M.P.O. or by another governmental entity, such as a county, 692
10301030 city, or regional planning council, that has a staff services 693
10311031 agreement signed and in effect with the M.P.O. Each M.P.O. may 694
10321032 enter into contracts with local or state agencies, private 695
10331033 planning firms, private engineering firms, or other public or 696
10341034 private entities to accomplish its transportation planning and 697
10351035 programming duties and administrative functions. 698
10361036 (h) In order to enhance their knowledge, effectiveness, 699
10371037 and participation in the urbanized area transportation planning 700
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10461046 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
10471047
10481048
10491049
10501050 process, each M.P.O. shall provide training opportunities and 701
10511051 training funds specifically for local ele cted officials and 702
10521052 others who serve on an M.P.O. The training opportunities may be 703
10531053 conducted by an individual M.P.O. or through statewide and 704
10541054 federal training programs and initiatives that are specifically 705
10551055 designed to meet the needs of M.P.O. board members . 706
10561056 (i) By December 31, 2023, There is created the Chairs 707
10571057 Coordinating Committee, composed of the M.P.O.'s serving Citrus, 708
10581058 Hernando, Hillsborough, Manatee, Pasco, and Pinellas, Polk, and 709
10591059 Sarasota Counties must submit a feasibility report to the 710
10601060 Governor, the President of the Senate, and the Speaker of the 711
10611061 House of Representatives exploring the benefits, costs, and 712
10621062 process of consolidation into a single M.P.O. serving the 713
10631063 contiguous urbanized area, the goal of which would be to . The 714
10641064 committee must, at a mini mum: 715
10651065 1. Coordinate transportation projects deemed to be 716
10661066 regionally significant by the committee. 717
10671067 2. Review the impact of regionally significant land use 718
10681068 decisions on the region. 719
10691069 3. Review all proposed regionally significant 720
10701070 transportation projects in the respective transportation 721
10711071 improvement programs which affect more than one of the M.P.O.'s 722
10721072 represented on the committee . 723
10731073 4. Institute a conflict resolution process to address any 724
10741074 conflict that may arise in the planning and programming of such 725
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10831083 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
10841084
10851085
10861086
10871087 regionally significant projects. 726
10881088 (j)1. The Legislature finds that the state's rapid growth 727
10891089 in recent decades has caused many urbanized areas subject to 728
10901090 M.P.O. jurisdiction to become contiguous to each other. As a 729
10911091 result, various transportation projects may cros s from the 730
10921092 jurisdiction of one M.P.O. into the jurisdiction of another 731
10931093 M.P.O. To more fully accomplish the purposes for which M.P.O.'s 732
10941094 have been mandated, M.P.O.'s shall develop coordination 733
10951095 mechanisms with one another to expand and improve transportation 734
10961096 within the state. The appropriate method of coordination between 735
10971097 M.P.O.'s shall vary depending upon the project involved and 736
10981098 given local and regional needs. Consequently, it is appropriate 737
10991099 to set forth a flexible methodology that can be used by M.P.O.'s 738
11001100 to coordinate with other M.P.O.'s and appropriate political 739
11011101 subdivisions as circumstances demand. 740
11021102 2. Any M.P.O. may join with any other M.P.O. or any 741
11031103 individual political subdivision to coordinate activities or to 742
11041104 achieve any federal or state transportatio n planning or 743
11051105 development goals or purposes consistent with federal or state 744
11061106 law. When an M.P.O. determines that it is appropriate to join 745
11071107 with another M.P.O. or any political subdivision to coordinate 746
11081108 activities, the M.P.O. or political subdivision shall enter into 747
11091109 an interlocal agreement pursuant to s. 163.01, which, at a 748
11101110 minimum, creates a separate legal or administrative entity to 749
11111111 coordinate the transportation planning or development activities 750
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11201120 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
11211121
11221122
11231123
11241124 required to achieve the goal or purpose; provides the purpo se 751
11251125 for which the entity is created; provides the duration of the 752
11261126 agreement and the entity and specifies how the agreement may be 753
11271127 terminated, modified, or rescinded; describes the precise 754
11281128 organization of the entity, including who has voting rights on 755
11291129 the governing board, whether alternative voting members are 756
11301130 provided for, how voting members are appointed, and what the 757
11311131 relative voting strength is for each constituent M.P.O. or 758
11321132 political subdivision; provides the manner in which the parties 759
11331133 to the agreement will provide for the financial support of the 760
11341134 entity and payment of costs and expenses of the entity; provides 761
11351135 the manner in which funds may be paid to and disbursed from the 762
11361136 entity; and provides how members of the entity will resolve 763
11371137 disagreements regardin g interpretation of the interlocal 764
11381138 agreement or disputes relating to the operation of the entity. 765
11391139 Such interlocal agreement shall become effective upon its 766
11401140 recordation in the official public records of each county in 767
11411141 which a member of the entity created by the interlocal agreement 768
11421142 has a voting member. Multiple This paragraph does not require 769
11431143 any M.P.O.'s may to merge, combine, or otherwise join together 770
11441144 as a single M.P.O. 771
11451145 (7) LONG-RANGE TRANSPORTATION PLAN. —Each M.P.O. must 772
11461146 develop a long-range transportation plan that addresses at least 773
11471147 a 20-year planning horizon. The plan must include both long -774
11481148 range and short-range strategies and must comply with all other 775
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11571157 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
11581158
11591159
11601160
11611161 state and federal requirements. The prevailing principles to be 776
11621162 considered in the long -range transportation plan are: preserving 777
11631163 the existing transportation infrastructure; enhancing Florida's 778
11641164 economic competitiveness; and improving travel choices to ensure 779
11651165 mobility. The long-range transportation plan must be consistent, 780
11661166 to the maximum extent feasible, with future land use elements 781
11671167 and the goals, objectives, and policies of the approved local 782
11681168 government comprehensive plans of the units of local government 783
11691169 located within the jurisdiction of the M.P.O. Each M.P.O. is 784
11701170 encouraged to consider strategies that integrate transportation 785
11711171 and land use planning to provide for sustainable development and 786
11721172 reduce greenhouse gas emissions. The approved long -range 787
11731173 transportation plan must be considered by local governments in 788
11741174 the development of the transportation element s in local 789
11751175 government comprehensive plans and any amendments thereto. The 790
11761176 long-range transportation plan must, at a minimum: 791
11771177 (a) Identify transportation facilities, including, but not 792
11781178 limited to, major roadways, airports, seaports, spaceports, 793
11791179 commuter rail systems, transit systems, and intermodal or 794
11801180 multimodal terminals that will function as an integrated 795
11811181 metropolitan transportation system. The long -range 796
11821182 transportation plan must give emphasis to those transportation 797
11831183 facilities that serve national, state wide, or regional 798
11841184 functions, and must consider the goals and objectives identified 799
11851185 in the Florida Transportation Plan as provided in s. 339.155. If 800
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11941194 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
11951195
11961196
11971197
11981198 a project is located within the boundaries of more than one 801
11991199 M.P.O., the M.P.O.'s must coordinate plans regar ding the project 802
12001200 in the long-range transportation plan. Multiple M.P.O.'s within 803
12011201 a contiguous urbanized area must coordinate the development of 804
12021202 long-range transportation plans to be reviewed by the 805
12031203 Metropolitan Planning Organization Advisory Council. 806
12041204 (b) Include a financial plan that demonstrates how the 807
12051205 plan can be implemented, indicating resources from public and 808
12061206 private sources which are reasonably expected to be available to 809
12071207 carry out the plan, and recommends any additional financing 810
12081208 strategies for needed projects and programs. The financial plan 811
12091209 may include, for illustrative purposes, additional projects that 812
12101210 would be included in the adopted long -range transportation plan 813
12111211 if reasonable additional resources beyond those identified in 814
12121212 the financial plan were available. For the purpose of developing 815
12131213 the long-range transportation plan, the M.P.O. and the 816
12141214 department shall cooperatively develop estimates of funds that 817
12151215 will be available to support the plan implementation. Innovative 818
12161216 financing techniques may b e used to fund needed projects and 819
12171217 programs. Such techniques may include the assessment of tolls, 820
12181218 the use of value capture financing, or the use of value pricing. 821
12191219 Multiple M.P.O.'s within a contiguous urbanized area must 822
12201220 ensure, to the maximum extent possi ble, the consistency of data 823
12211221 used in the planning process. 824
12221222 825
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12311231 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
12321232
12331233
12341234
12351235 In the development of its long -range transportation plan, each 826
12361236 M.P.O. must provide the public, affected public agencies, 827
12371237 representatives of transportation agency employees, freight 828
12381238 shippers, providers of freight transportation services, private 829
12391239 providers of transportation, representatives of users of public 830
12401240 transit, and other interested parties with a reasonable 831
12411241 opportunity to comment on the long -range transportation plan. 832
12421242 The long-range transportation plan must be approved by the 833
12431243 M.P.O. 834
12441244 (8) TRANSPORTATION IMPROVEMENT PROGRAM. —Each M.P.O. shall, 835
12451245 in cooperation with the state and affected public transportation 836
12461246 operators, develop a transportation improvement program for the 837
12471247 area within the jurisdict ion of the M.P.O. In the development of 838
12481248 the transportation improvement program, each M.P.O. must provide 839
12491249 the public, affected public agencies, representatives of 840
12501250 transportation agency employees, freight shippers, providers of 841
12511251 freight transportation service s, private providers of 842
12521252 transportation, representatives of users of public transit, and 843
12531253 other interested parties with a reasonable opportunity to 844
12541254 comment on the proposed transportation improvement program. 845
12551255 (a) Each M.P.O. is responsible for developing, a nnually, a 846
12561256 list of project priorities and a transportation improvement 847
12571257 program. The prevailing principles to be considered by each 848
12581258 M.P.O. when developing a list of project priorities and a 849
12591259 transportation improvement program are: preserving the existing 850
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12681268 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
12691269
12701270
12711271
12721272 transportation infrastructure; enhancing Florida's economic 851
12731273 competitiveness; and improving travel choices to ensure safety 852
12741274 and mobility. The transportation improvement program will be 853
12751275 used to initiate federally aided transportation facilities and 854
12761276 improvements as well as other transportation facilities and 855
12771277 improvements including transit, rail, aviation, spaceport, and 856
12781278 port facilities to be funded from the State Transportation Trust 857
12791279 Fund within its metropolitan area in accordance with existing 858
12801280 and subsequent federal and state laws and rules and regulations 859
12811281 related thereto. The transportation improvement program shall be 860
12821282 consistent, to the maximum extent feasible, with the approved 861
12831283 local government comprehensive plans of the units of local 862
12841284 government whose boundar ies are within the metropolitan area of 863
12851285 the M.P.O. and include those projects programmed pursuant to s. 864
12861286 339.2819(4). Multiple M.P.O.'s within a contiguous urbanized 865
12871287 area must coordinate transportation improvement programs. 866
12881288 (c) The transportation improvem ent program must, at a 867
12891289 minimum: 868
12901290 1. Include projects and project phases to be funded with 869
12911291 state or federal funds within the time period of the 870
12921292 transportation improvement program and which are recommended for 871
12931293 advancement during the next fiscal year and 4 s ubsequent fiscal 872
12941294 years. Such projects and project phases must be consistent, to 873
12951295 the maximum extent feasible, with the approved local government 874
12961296 comprehensive plans of the units of local government located 875
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13051305 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
13061306
13071307
13081308
13091309 within the jurisdiction of the M.P.O. For informati onal 876
13101310 purposes, the transportation improvement program shall also 877
13111311 include a list of projects to be funded from local or private 878
13121312 revenues. 879
13131313 2. Include projects within the metropolitan area which are 880
13141314 proposed for funding under 23 U.S.C. s. 134 of the Federal 881
13151315 Transit Act and which are consistent with the long -range 882
13161316 transportation plan developed under subsection (7). 883
13171317 3. Provide a financial plan that demonstrates how the 884
13181318 transportation improvement program can be implemented; indicates 885
13191319 the resources, both publi c and private, that are reasonably 886
13201320 expected to be available to accomplish the program; identifies 887
13211321 any innovative financing techniques that may be used to fund 888
13221322 needed projects and programs; and may include, for illustrative 889
13231323 purposes, additional projects tha t would be included in the 890
13241324 approved transportation improvement program if reasonable 891
13251325 additional resources beyond those identified in the financial 892
13261326 plan were available. Innovative financing techniques may include 893
13271327 the assessment of tolls, the use of value ca pture financing, or 894
13281328 the use of value pricing. The transportation improvement program 895
13291329 may include a project or project phase only if full funding can 896
13301330 reasonably be anticipated to be available for the project or 897
13311331 project phase within the time period contempla ted for completion 898
13321332 of the project or project phase. 899
13331333 4. Group projects and project phases of similar urgency 900
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13421342 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
13431343
13441344
13451345
13461346 and anticipated staging into appropriate staging periods. 901
13471347 5. Indicate how the transportation improvement program 902
13481348 relates to the long-range transportation plan developed under 903
13491349 subsection (7), including providing examples of specific 904
13501350 projects or project phases that further the goals and policies 905
13511351 of the long-range transportation plan. 906
13521352 6. Indicate whether any project or project phase is 907
13531353 inconsistent with an approved comprehensive plan of a unit of 908
13541354 local government located within the jurisdiction of the M.P.O. 909
13551355 If a project is inconsistent with an affected comprehensive 910
13561356 plan, the M.P.O. must provide justification for including the 911
13571357 project in the transportation improvement program. 912
13581358 7. Indicate how the improvements are consistent, to the 913
13591359 maximum extent feasible, with affected seaport, airport, and 914
13601360 spaceport master plans and with public transit development plans 915
13611361 of the units of local government loca ted within the jurisdiction 916
13621362 of the M.P.O. If a project is located within the boundaries of 917
13631363 more than one M.P.O., the M.P.O.'s must coordinate plans 918
13641364 regarding the project in the transportation improvement program. 919
13651365 8. Indicate coordination or alignment wit h transportation 920
13661366 improvement plans of other M.P.O.'s within the contiguous 921
13671367 urbanized area. 922
13681368 (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL. — 923
13691369 (c) The powers and duties of the Metropolitan Planning 924
13701370 Organization Advisory Council are to: 925
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13791379 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
13801380
13811381
13821382
13831383 1. Enter into contracts with individuals, private 926
13841384 corporations, and public agencies. 927
13851385 2. Acquire, own, operate, maintain, sell, or lease 928
13861386 personal property essential for the conduct of business. 929
13871387 3. Accept funds, grants, assistance, gifts, or bequests 930
13881388 from private, local, state, or federal sources. 931
13891389 1.4. Establish bylaws by action of its governing board 932
13901390 providing procedural rules to guide its proceedings and 933
13911391 consideration of matters before the council, or, alternatively, 934
13921392 adopt rules pursuant to ss. 120.536(1) an d 120.54 to implement 935
13931393 provisions of law conferring powers or duties upon it. 936
13941394 2.5. Assist M.P.O.'s in carrying out the urbanized area 937
13951395 transportation planning process by serving as the principal 938
13961396 forum for collective policy discussion pursuant to law. 939
13971397 3.6. Serve as a clearinghouse for review and comment by 940
13981398 M.P.O.'s on the Florida Transportation Plan and on other issues 941
13991399 required to comply with federal or state law in carrying out the 942
14001400 urbanized area transportation and systematic planning processes 943
14011401 instituted pursuant to s. 339.155. The council must also report 944
14021402 annually to the Florida Transportation Commission on the 945
14031403 alignment of M.P.O. long -range transportation plans with the 946
14041404 Florida Transportation Plan. 947
14051405 4.7. Employ an executive director and such other staf f as 948
14061406 necessary to perform adequately the functions of the council, 949
14071407 within budgetary limitations. The executive director and staff 950
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14161416 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
14171417
14181418
14191419
14201420 are exempt from part II of chapter 110 and serve at the 951
14211421 direction and control of the council. The council is assigned to 952
14221422 the Office of the Secretary of the Department of Transportation 953
14231423 for fiscal and accountability purposes, but it shall otherwise 954
14241424 function independently of the control and direction of the 955
14251425 department. 956
14261426 5. Deliver training on federal and state program 957
14271427 requirements and procedures to M.P.O. board members and M.P.O. 958
14281428 staff. 959
14291429 6.8. Adopt an agency strategic plan that prioritizes steps 960
14301430 the agency will take to carry out its mission within the context 961
14311431 of the state comprehensive plan and any other statutory mandates 962
14321432 and directives. 963
14331433 (d) The Metropolitan Planning Organization Advisory 964
14341434 Council may enter into contracts in accordance with chapter 287 965
14351435 to support the activities described in paragraph (c). Lobbying 966
14361436 and the acceptance of funds, grants, assistance, gifts, or 967
14371437 bequests from private, local, state, or federal sources are 968
14381438 prohibited. 969
14391439 Section 16. Section 339.651, Florida Statutes, is created 970
14401440 to read: 971
14411441 339.651 Strategic Intermodal System supply -chain demands.— 972
14421442 (1) The Legislature finds that Strategic Intermodal System 973
14431443 components defined in s. 339.62 ensure a multi -modal 974
14441444 transportation system; that the Strategic Intermodal System is a 975
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14531453 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
14541454
14551455
14561456
14571457 critical network supporting economic activities and the 976
14581458 transport of people and goods; and that the Strategic Intermodal 977
14591459 System is instrumental in the movement of road building 978
14601460 materials for infrastr ucture investments. The Legislature 979
14611461 further finds that Florida's rapid economic and population 980
14621462 growth can compound supply -chain demands on the transportation 981
14631463 system, and the demand for construction aggregate continues to 982
14641464 outpace supply. 983
14651465 (2) The department shall specifically address in its 984
14661466 transportation plans, including the Florida Transportation Plan 985
14671467 and the Strategic Intermodal System Plan, movement and storage 986
14681468 of construction aggregate materials essential for building 987
14691469 roadways. 988
14701470 (3) The department sha ll make up to $20 million available 989
14711471 each year for fiscal years 2023 -2024 through 2027-2028, from 990
14721472 existing work program revenues, to fund projects that meet the 991
14731473 public purpose of providing increased capacity and enhanced 992
14741474 capabilities to move and store const ruction aggregate. 993
14751475 Applicants eligible for project funding under this section are 994
14761476 seaports listed in s. 311.09 and rail lines and rail facilities. 995
14771477 (4) The department must consider at least the following 996
14781478 criteria when evaluating projects for assistance un der this 997
14791479 section: 998
14801480 (a) The ability of the project to serve the strategic 999
14811481 state interest of mitigating supply -chain demands for 1000
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14901490 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
14911491
14921492
14931493
14941494 construction aggregate sufficient to ensure ongoing improvement 1001
14951495 of the Strategic Intermodal System and the state's entire 1002
14961496 transportation network. 1003
14971497 (b) The ability of the project to facilitate the cost -1004
14981498 effective and efficient movement and storage of construction 1005
14991499 aggregate. 1006
15001500 (c) The extent to which the project efficiently interacts 1007
15011501 with and supports the transportation network. 1008
15021502 (d) Any commitment of a funding match, which may be 1009
15031503 investment or commitment made by the owner or developer of the 1010
15041504 existing or proposed facility that facilitates or will 1011
15051505 facilitate the movement and storage of construction aggregate, 1012
15061506 local financial support o r commitment, or a combination of both. 1013
15071507 Projects with a funding match shall be prioritized based on the 1014
15081508 amount of the match and shall be prioritized over projects 1015
15091509 having no such funding match. 1016
15101510 (5) The State Transportation Trust Fund may fund up to 100 1017
15111511 percent of the cost of a project selected based on the criteria 1018
15121512 specified herein. 1019
15131513 (6) The department may adopt rules to implement this 1020
15141514 section. 1021
15151515 (7) This section shall stand repealed on July 1, 2028. 1022
15161516 Section 17. Section 339.84, Florida Statutes, is created 1023
15171517 to read: 1024
15181518 339.84 Workforce development. —Beginning in the 2023 -2024 1025
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15271527 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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15311531 fiscal year and annually thereafter for 5 years, $5 million 1026
15321532 shall be allocated from the State Transportation Trust Fund to 1027
15331533 the workforce development program as provided in s. 334.0 44(35) 1028
15341534 to promote career paths in Florida's road and bridge industry. 1029
15351535 Section 18. Section 354.01, Florida Statutes, is amended 1030
15361536 to read: 1031
15371537 354.01 Appointment of Special officers.—A railroad police 1032
15381538 officer Upon the application of any railroad or other co mmon 1033
15391539 carrier doing business in this state, the Governor shall appoint 1034
15401540 one or more persons who has have met the law enforcement officer 1035
15411541 qualifications and training requirements of ss. 943.13 and 1036
15421542 943.135(1) shall be recognized as a special officer s. 943.13 as 1037
15431543 special officers for the protection and safety of any railroad 1038
15441544 or other common carrier doing business in this state such 1039
15451545 carriers; its their passengers and employees; and the property 1040
15461546 of such carrier carriers, passengers, and employees. A special 1041
15471547 officer is not considered a law enforcement officer except for 1042
15481548 purposes of ss. 943.085 -943.255. However, until the Governor 1043
15491549 either appoints or rejects the application for appointment of a 1044
15501550 person as a special officer, the railroad or common carrier may 1045
15511551 temporarily employ the person as a special officer if he or she 1046
15521552 complies with the qualifications for employment as a law 1047
15531553 enforcement officer in s. 943.13. Notwithstanding any other 1048
15541554 provision of law, a special officer must have the same training 1049
15551555 as a law enforcement officer in accordance with ss. 943.13 and 1050
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15641564 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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15681568 943.135(1). A Class I, Class II, or Class III railroad shall be 1051
15691569 considered an employing agency for purposes of ss. 943.10, 1052
15701570 943.13, and 943.135(1), and shall pay all costs associated with 1053
15711571 the training and continuing education of employed special 1054
15721572 officers. 1055
15731573 Section 19. Section 354.02, Florida Statutes, is amended 1056
15741574 to read: 1057
15751575 354.02 Powers.—Each special officer shall have and 1058
15761576 exercise Throughout every county in which the common carrier for 1059
15771577 which he or she is employed does business, operates, or owns 1060
15781578 property, a special officer may arrest a person who has violated 1061
15791579 was appointed, shall do business, operate, or own property, the 1062
15801580 power to make arrests for violation of law on the property of 1063
15811581 such common carrier, and to arrest persons, whether on or off 1064
15821582 such carrier's property, violating any law on such carrier's 1065
15831583 property, whether the arrest occurs on or off such carrier's 1066
15841584 property, under the same conditions under which a deputy sheriff 1067
15851585 sheriffs may by law make arrests, a nd may shall have authority 1068
15861586 to carry weapons for the reasonable purpose of his or her office 1069
15871587 their offices. 1070
15881588 Section 20. Section 354.05, Florida Statutes, is amended 1071
15891589 to read: 1072
15901590 354.05 Term of office; removal. —The commission of a 1073
15911591 special officer officers provided for herein shall be 1074
15921592 commissioned by the Governor, and their commissions shall 1075
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16011601 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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16051605 continue so long as he or she is they are employed in such 1076
16061606 capacity by the railroad or other common carrier . However, a 1077
16071607 special officer may; but they shall be removed by the Governor 1078
16081608 at any time, in the manner and for the causes provided by law. 1079
16091609 Section 21. Paragraph (f) of subsection (1) of section 1080
16101610 784.07, Florida Statutes, is amended to read: 1081
16111611 784.07 Assault or battery of law enforcement officers, 1082
16121612 firefighters, emergency medical care providers, public transit 1083
16131613 employees or agents, or other specified officers; 1084
16141614 reclassification of offenses; minimum sentences. — 1085
16151615 (1) As used in this section, the term: 1086
16161616 (f) "Railroad special officer" means a person employed by 1087
16171617 a Class I, Class II, or Class III railroad and appointed or 1088
16181618 pending appointment by the Governor pursuant to s. 354.01. 1089
16191619 Section 22. Subsections (1) and (4) of section 943.10, 1090
16201620 Florida Statutes, are amended to read: 1091
16211621 943.10 Definitions; ss. 943.085 -943.255.—The following 1092
16221622 words and phrases as used in ss. 943.085 -943.255 are defined as 1093
16231623 follows: 1094
16241624 (1) "Law enforcement officer" means any person who is 1095
16251625 elected, appointed, or employed full time by any municipality or 1096
16261626 the state or any political subdivision thereof; who is vested 1097
16271627 with authority to bear arms and make arrests; and whose primary 1098
16281628 responsibility is the prevention and detection of crime or the 1099
16291629 enforcement of the penal, criminal, traffic, or highway laws of 1100
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16381638 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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16421642 the state. The term This definition includes all certified 1101
16431643 supervisory and command personnel whose duties include, in whole 1102
16441644 or in part, the supervision, training, guidance, and management 1103
16451645 responsibilities of full -time law enforcement officers, part -1104
16461646 time law enforcement officers, or auxiliary law enforcement 1105
16471647 officers but does not include support personnel employed by the 1106
16481648 employing agency. The term also includes a special officer 1107
16491649 employed by a Class I, Class II, or Class III railroad pursuant 1108
16501650 to s. 354.01. 1109
16511651 (4) "Employing agency" means any agency or unit of 1110
16521652 government or any municipality or the state or any political 1111
16531653 subdivision thereof, or any agent thereof, which has 1112
16541654 constitutional or statutory authority to employ or appoint 1113
16551655 persons as officers. The term also includes any private entity 1114
16561656 that which has contracted with the state or county for the 1115
16571657 operation and maintenance of a nonjuvenile detention facility. 1116
16581658 The term also includes a Class I, Class II, or Class III 1117
16591659 railroad that employs special officers pursuant to s. 354.01. 1118
16601660 Section 23. Except as otherwise exp ressly provided in this 1119
16611661 act, this act shall take effect July 1, 2023. 1120
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