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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Department of Transportation; 2
amending s. 288.9606, F.S.; authorizing Florida 3
Development Finance Corporation revenue bonds to 4
finance acquisition or construction of certain 5
transportation facilities; amending s. 316.0777, F.S.; 6
defining the term "law enforcement agency"; 7
authorizing installation of an automated license plate 8
recognition system within the right -of-way of a road 9
on the State Highway System for a specified purpose; 10
requiring such installation to be in accordance with 11
placement and installation guidelines developed by the 12
department; requiring removal of such system within a 13
specified timeframe upon notification by th e 14
department; exempting the department from liability 15
for damages resulting from operation of such system; 16
providing for a maximum period of retention of certain 17
records generated through the use of such system; 18
amending s. 330.30, F.S.; prohibiting the de partment 19
from requiring that an applicant for airport site 20
approval provide a written memorandum of understanding 21
or letter of agreement with other airport sites except 22
under specified circumstances; amending s. 334.044, 23
F.S.; authorizing the department to purchase certain 24
promotional items; authorizing the department to 25
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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
expend funds for certain training, testing, and 26
licensing; amending s. 337.11, F.S.; revising the 27
amount of construction and maintenance contracts the 28
department may enter into without adve rtising and 29
receiving competitive bids; amending s. 339.135, F.S.; 30
revising expiration of a provision authorizing certain 31
adopted work program amendments to be approved by the 32
chair and vice chair of the Legislative Budget 33
Commission; amending s. 341.052, F.S.; requiring 34
public transit block grant program providers to 35
establish plans consistent with certain long -range 36
transportation plans; amending s. 341.071, F.S.; 37
revising requirements for public transit provider 38
reports and publication thereof; transferr ing control 39
of the Santa Rosa Bay Bridge Authority to the 40
department; transferring all remaining assets, rights, 41
powers, and duties of the authority to the department; 42
authorizing the department to transfer all or a 43
portion of the bridge system to the turn pike system; 44
repealing part IV of ch. 348, F.S., relating to the 45
creation and operation of the Santa Rosa Bay Bridge 46
Authority; providing effective dates. 47
48
Be It Enacted by the Legislature of the State of Florida: 49
50
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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
Section 1. Subsection (6) of sect ion 288.9606, Florida 51
Statutes, is amended, and paragraph (d) is added to subsection 52
(7) of that section, to read: 53
288.9606 Issue of revenue bonds. — 54
(6) The proceeds of any bonds of the corporation may not 55
be used, in any manner, to acquire any buildin g or facility that 56
will be, during the pendency of the financing, used by, occupied 57
by, leased to, or paid for by any state, county, or municipal 58
agency or entity. This subsection does not prohibit the use of 59
proceeds of bonds of the corporation for the pu rpose of 60
financing the acquisition or construction of a transportation 61
facility under a public -private partnership agreement authorized 62
by s. 334.30. 63
(7) Notwithstanding any provision of this section, the 64
corporation in its corporate capacity may, withou t authorization 65
from a public agency under s. 163.01(7), issue revenue bonds or 66
other evidence of indebtedness under this section to: 67
(d) Finance the costs of acquisition or construction of a 68
transportation facility by a private entity or consortium of 69
private entities under a public -private partnership agreement 70
authorized by s. 334.30. 71
Section 2. Subsections (2), (3), and (4) of section 72
316.0777, Florida Statutes, are renumbered as subsections (3), 73
(4), and (5), respectively, and a new subsection (2 ) is added to 74
that section to read: 75
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316.0777 Automated license plate recognition systems; 76
installation within rights -of-way of State Highway System; 77
public records exemption. — 78
(2)(a) As used in this subsection, the term "law 79
enforcement agency" means a n agency that has a primary mission 80
of preventing and detecting crime and enforcing state penal, 81
criminal, traffic, and motor vehicle laws and, in furtherance of 82
that mission, employs law enforcement officers as defined in s. 83
943.10(1). 84
(b) At the discretion of the Department of Transportation, 85
an automated license plate recognition system may be installed 86
within the right-of-way, as defined in s. 334.03(21), of a road 87
on the State Highway System when installed at the request of a 88
law enforcement agency f or the purpose of collecting active 89
criminal intelligence information or active criminal 90
investigative information as defined in s. 119.011(3). Such 91
installation must be in accordance with placement and 92
installation guidelines developed by the Department o f 93
Transportation. An automated license plate recognition system 94
must be removed within 30 days after the Department of 95
Transportation notifies the requesting law enforcement agency 96
that such removal must occur. 97
(c) Installation and removal of an automate d license plate 98
recognition system are at the sole expense of the requesting law 99
enforcement agency. The Department of Transportation is not 100
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liable for any damages caused to any person by the requesting 101
law enforcement agency's operation of such system. 102
(d) Records containing images and data generated through 103
the use of an automated license plate recognition system may not 104
be retained longer than the maximum period provided in the 105
retention schedule established pursuant to s. 316.0778. 106
Section 3. Paragraphs (d) through (g) of subsection (1) of 107
section 330.30, Florida Statutes, are redesignated as paragraphs 108
(e) through (h), respectively, and a new paragraph (d) is added 109
to that subsection to read: 110
330.30 Approval of airport sites; registration and 111
licensure of airports. — 112
(1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD, 113
REVOCATION.— 114
(d) For the purpose of granting site approval, the 115
department may not require an applicant to provide a written 116
memorandum of understanding or letter of agreement with other 117
airport sites regarding air traffic pattern separation 118
procedures unless such memorandum or letter is required by the 119
Federal Aviation Administration or is deemed necessary by the 120
department. 121
Section 4. Subsection (5) of section 334.044, Florida 122
Statutes, is amended, and subsection (36) is added to that 123
section, to read: 124
334.044 Powers and duties of the department. —The 125
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department shall have the following general powers and duties: 126
(5) To purchase, lease, or otherwise acquire property and 127
materials, including the purchase of promotional items as part 128
of public information and education campaigns for the promotion 129
of scenic highways, traffic and train safety awareness, 130
alternatives to single -occupant vehicle travel, and commercial 131
motor vehicle safety , electric vehicle use and charging 132
stations, autonomous vehicles, and context design for electric 133
vehicles and autonomous vehicles ; to purchase, lease, or 134
otherwise acquire equipment and supplie s; and to sell, exchange, 135
or otherwise dispose of any property that is no longer needed by 136
the department. 137
(36) To expend funds, within its discretion, for training, 138
testing, and licensing for full -time employees of the department 139
who are required to hav e a valid Class A or Class B commercial 140
driver license as a condition of employment with the department. 141
Section 5. Paragraph (c) of subsection (6) of section 142
337.11, Florida Statutes, is amended to read: 143
337.11 Contracting authority of department; b ids; 144
emergency repairs, supplemental agreements, and change orders; 145
combined design and construction contracts; progress payments; 146
records; requirements of vehicle registration. — 147
(6) 148
(c) When the department determines that it is in the best 149
interest of the public for reasons of public concern, economy, 150
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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
improved operations, or safety, and only when circumstances 151
dictate rapid completion of the work, the department may, up to 152
the amount of $500,000 $250,000, enter into contracts for 153
construction and mainte nance without advertising and receiving 154
competitive bids. The department may enter into such contracts 155
only upon a determination that the work is necessary for one of 156
the following reasons: 157
1. To ensure timely completion of projects or avoidance of 158
undue delay for other projects; 159
2. To accomplish minor repairs or construction and 160
maintenance activities for which time is of the essence and for 161
which significant cost savings would occur; or 162
3. To accomplish nonemergency work necessary to ensure 163
avoidance of adverse conditions that affect the safe and 164
efficient flow of traffic. 165
166
The department shall make a good faith effort to obtain two or 167
more quotes, if available, from qualified contractors before 168
entering into any contract. The department shall give 169
consideration to disadvantaged business enterprise 170
participation. However, when the work exists within the limits 171
of an existing contract, the department shall make a good faith 172
effort to negotiate and enter into a contract with the prime 173
contractor on the existing contract. 174
Section 6. Paragraph (h) of subsection (7) of section 175
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339.135, Florida Statutes, is amended to read: 176
339.135 Work program; legislative budget request; 177
definitions; preparation, adoption, execution, and amendment. — 178
(7) AMENDMENT OF THE ADOPTED WORK PROGRAM. — 179
(h)1. Any work program amendment that also adds a new 180
project, or phase thereof, to the adopted work program in excess 181
of $3 million is subject to approval by the Legislative Budget 182
Commission. Any work program amendment subm itted under this 183
paragraph must include, as supplemental information, a list of 184
projects, or phases thereof, in the current 5 -year adopted work 185
program which are eligible for the funds within the 186
appropriation category being used for the proposed amendment . 187
The department shall provide a narrative with the rationale for 188
not advancing an existing project, or phase thereof, in lieu of 189
the proposed amendment. 190
2. If the department submits an amendment to the 191
Legislative Budget Commission and the commission do es not meet 192
or consider the amendment within 30 days after its submittal, 193
the chair and vice chair of the commission may authorize the 194
amendment to be approved pursuant to s. 216.177. This 195
subparagraph expires July 1, 2024 2023. 196
Section 7. Subsection ( 1) of section 341.052, Florida 197
Statutes, is amended to read: 198
341.052 Public transit block grant program; 199
administration; eligible projects; limitation. — 200
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(1) There is created a public transit block grant program 201
which shall be administered by the depart ment. Block grant funds 202
shall only be provided to "Section 9" providers and "Section 18" 203
providers designated by the United States Department of 204
Transportation and community transportation coordinators as 205
defined in chapter 427. Eligible providers must est ablish public 206
transportation development plans consistent, to the maximum 207
extent feasible, with approved local government comprehensive 208
plans of the units of local government in which the provider is 209
located and the long-range transportation plans of the 210
metropolitan planning organization in which the provider is 211
located. In developing public transportation development plans, 212
eligible providers must solicit comments from local workforce 213
development boards established under chapter 445. The 214
development plans must address how the public transit provider 215
will work with the appropriate local workforce development board 216
to provide services to participants in the welfare transition 217
program. Eligible providers must provide information to the 218
local workforce develop ment board serving the county in which 219
the provider is located regarding the availability of 220
transportation services to assist program participants. 221
Section 8. Subsections (2) and (3) of section 341.071, 222
Florida Statutes, are amended to read: 223
341.071 Transit productivity and performance measures; 224
reports.— 225
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(2) Each public transit provider shall establish 226
productivity and performance measures, which must be approved by 227
the department and which must be selected from measures 228
developed pursuant to s. 3 41.041(3). Each provider shall, by 229
January 31 of each year, report to the department relative to 230
these measures. In approving these measures, the department 231
shall give consideration to the goals and objectives of each 232
system, the needs of the local area, a nd the role for public 233
transit in the local area. The report shall include the also 234
specifically address potential enhancements to productivity and 235
performance which would have the effect of increasing farebox 236
recovery ratio. 237
(3) Each public transit prov ider shall publish on its 238
website in the local newspaper of its area the productivity and 239
performance measures established for the year and a report which 240
provides quantitative data relative to the attainment of 241
established productivity and performance mea sures. 242
Section 9. (1) Effective upon this act becoming a law, 243
the governance and control of the Santa Rosa Bay Bridge 244
Authority is transferred to the Department of Transportation. 245
(2) The authority's bridge system transferred to the 246
department under the terms of the lease -purchase agreement 247
between the department and the authority, effective as of the 248
close of business on June 30, 2022. Any remaining assets, 249
facilities, tangible and intangible property, and any rights in 250
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such property, and any other legal rights of the authority, are 251
transferred to the department. The department succeeds to all 252
powers of the authority. The department may review other 253
contracts, financial obligations, and contractual obligations 254
and liabilities of the authority and may assume legal liability 255
for such obligations that are determined by the department to be 256
necessary for the continued operation of the bridge system. 257
(3) The bridge system, or any portion thereof, may be 258
transferred by the department and become part of the turnpike 259
system under the Florida Turnpike Enterprise Law. 260
Section 10. Effective upon this act becoming a law, part 261
IV of chapter 348, Florida Statutes, consisting of sections 262
348.965, 348.966, 348.9 67, 348.968, 348.969, 348.97, 348.971, 263
348.972, 348.973, 348.974, 348.9751, 348.9761, 348.9771, and 264
348.9781, is repealed. 265
Section 11. Except as otherwise expressly provided in this 266
act, this act shall take effect July 1, 2023. 267