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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 the 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 department 19
from requiring that an applicant for airport site 20
approval provide a written memorandum of unders tanding 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, test ing, 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 advertising and 29
receiving competitive bids; amending s. 341.052, F.S.; 30
requiring public transit block grant pr ogram providers 31
to establish plans consistent with certain long -range 32
transportation plans; amending s. 341.071, F.S.; 33
revising requirements for public transit provider 34
reports and publication thereof; transferring control 35
of the Santa Rosa Bay Bridge Auth ority to the 36
department; transferring all remaining assets, rights, 37
powers, and duties of the authority to the department; 38
authorizing the department to transfer all or a 39
portion of the bridge system to the turnpike system; 40
repealing part IV of ch. 348, F. S., relating to the 41
creation and operation of the Santa Rosa Bay Bridge 42
Authority; providing effective dates. 43
44
Be It Enacted by the Legislature of the State of Florida: 45
46
Section 1. Subsection (6) of section 288.9606, Florida 47
Statutes, is amended, a nd paragraph (d) is added to subsection 48
(7) of that section, to read: 49
288.9606 Issue of revenue bonds. — 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
(6) The proceeds of any bonds of the corporation may not 51
be used, in any manner, to acquire any building or facility that 52
will be, during the penden cy of the financing, used by, occupied 53
by, leased to, or paid for by any state, county, or municipal 54
agency or entity. This subsection does not prohibit the use of 55
proceeds of bonds of the corporation for the purpose of 56
financing the acquisition or constru ction of a transportation 57
facility under a public -private partnership agreement authorized 58
by s. 334.30. 59
(7) Notwithstanding any provision of this section, the 60
corporation in its corporate capacity may, without authorization 61
from a public agency under s. 163.01(7), issue revenue bonds or 62
other evidence of indebtedness under this section to: 63
(d) Finance the costs of acquisition or construction of a 64
transportation facility by a private entity or consortium of 65
private entities under a public -private partnership agreement 66
authorized by s. 334.30. 67
Section 2. Subsections (2), (3), and (4) of section 68
316.0777, Florida Statutes, are renumbered as subsections (3), 69
(4), and (5), respectively, and a new subsection (2) is added to 70
that section to read: 71
316.0777 Automated license plate recognition systems; 72
installation within rights -of-way of State Highway System; 73
public records exemption. — 74
(2)(a) As used in this subsection, the term "law 75
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enforcement agency" means an agency that has a primary mission 76
of preventing and detecting crime and enforcing state penal, 77
criminal, traffic, and motor vehicle laws and, in furtherance of 78
that mission, employs law enforcement officers as defined in s. 79
943.10(1). 80
(b) At the discretion of the Department of Transportation, 81
an automated license plate recognition system may be installed 82
within the right-of-way, as defined in s. 334.03(21), of a road 83
on the State Highway System when installed at the request of a 84
law enforcement agency for the purpose of collecting active 85
criminal intelligence information or active criminal 86
investigative information as defined in s. 119.011(3). Such 87
installation must be in accordance with placement and 88
installation guidelines developed by the Department of 89
Transportation. An automated license plate recognition system 90
must be removed within 30 days after the Department of 91
Transportation notifies the requesting law enforcement agency 92
that such removal must occur. 93
(c) Installation and removal of an automated license plate 94
recognition system are at the sole expense of the requesting law 95
enforcement agency. The Department of Transportation is not 96
liable for any damages caused to any person by the requesting 97
law enforcement agency's operation of such system. 98
(d) Records containing images and data genera ted through 99
the use of an automated license plate recognition system may not 100
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be retained longer than the maximum period provided in the 101
retention schedule established pursuant to s. 316.0778. 102
Section 3. Paragraphs (d) through (g) of subsection (1) of 103
section 330.30, Florida Statutes, are redesignated as paragraphs 104
(e) through (h), respectively, and a new paragraph (d) is added 105
to that subsection to read: 106
330.30 Approval of airport sites; registration and 107
licensure of airports. — 108
(1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD, 109
REVOCATION.— 110
(d) For the purpose of granting site approval, the 111
department may not require an applicant to provide a written 112
memorandum of understanding or letter of agreement with other 113
airport sites regarding air traffic pattern separation 114
procedures unless such memorandum or letter is required by the 115
Federal Aviation Administration or is deemed necessary by the 116
department. 117
Section 4. Subsection (5) of section 334.044, Florida 118
Statutes, is amended, and subsection (36) is added to that 119
section, to read: 120
334.044 Powers and duties of the department. —The 121
department shall have the following general powers and duties: 122
(5) To purchase, lease, or otherwise acquire property and 123
materials, including the purchase of promotion al items as part 124
of public information and education campaigns for the promotion 125
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of scenic highways, traffic and train safety awareness, 126
alternatives to single -occupant vehicle travel, and commercial 127
motor vehicle safety , electric vehicle use and charging 128
stations, autonomous vehicles, and context design for electric 129
vehicles and autonomous vehicles ; to purchase, lease, or 130
otherwise acquire equipment and supplies; and to sell, exchange, 131
or otherwise dispose of any property that is no longer needed by 132
the department. 133
(36) To expend funds, within its discretion, for training, 134
testing, and licensing for full -time employees of the department 135
who are required to have a valid Class A or Class B commercial 136
driver license as a condition of employment with the depa rtment. 137
Section 5. Paragraph (c) of subsection (6) of section 138
337.11, Florida Statutes, is amended to read: 139
337.11 Contracting authority of department; bids; 140
emergency repairs, supplemental agreements, and change orders; 141
combined design and construct ion contracts; progress payments; 142
records; requirements of vehicle registration. — 143
(6) 144
(c) When the department determines that it is in the best 145
interest of the public for reasons of public concern, economy, 146
improved operations, or safety, and only when circumstances 147
dictate rapid completion of the work, the department may, up to 148
the amount of $500,000 $250,000, enter into contracts for 149
construction and maintenance without advertising and receiving 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
competitive bids. The department may enter into such cont racts 151
only upon a determination that the work is necessary for one of 152
the following reasons: 153
1. To ensure timely completion of projects or avoidance of 154
undue delay for other projects; 155
2. To accomplish minor repairs or construction and 156
maintenance activities for which time is of the essence and for 157
which significant cost savings would occur; or 158
3. To accomplish nonemergency work necessary to ensure 159
avoidance of adverse conditions that affect the safe and 160
efficient flow of traffic. 161
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The department shall make a good faith effort to obtain two or 163
more quotes, if available, from qualified contractors before 164
entering into any contract. The department shall give 165
consideration to disadvantaged business enterprise 166
participation. However, when the work exists wi thin the limits 167
of an existing contract, the department shall make a good faith 168
effort to negotiate and enter into a contract with the prime 169
contractor on the existing contract. 170
Section 6. Subsection (1) of section 341.052, Florida 171
Statutes, is amended to read: 172
341.052 Public transit block grant program; 173
administration; eligible projects; limitation. — 174
(1) There is created a public transit block grant program 175
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which shall be administered by the department. Block grant funds 176
shall only be provided to " Section 9" providers and "Section 18" 177
providers designated by the United States Department of 178
Transportation and community transportation coordinators as 179
defined in chapter 427. Eligible providers must establish public 180
transportation development plans cons istent, to the maximum 181
extent feasible, with approved local government comprehensive 182
plans of the units of local government in which the provider is 183
located and the long-range transportation plans of the 184
metropolitan planning organization in which the prov ider is 185
located. In developing public transportation development plans, 186
eligible providers must solicit comments from local workforce 187
development boards established under chapter 445. The 188
development plans must address how the public transit provider 189
will work with the appropriate local workforce development board 190
to provide services to participants in the welfare transition 191
program. Eligible providers must provide information to the 192
local workforce development board serving the county in which 193
the provider is located regarding the availability of 194
transportation services to assist program participants. 195
Section 7. Subsections (2) and (3) of section 341.071, 196
Florida Statutes, are amended to read: 197
341.071 Transit productivity and performance measures; 198
reports.— 199
(2) Each public transit provider shall establish 200
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productivity and performance measures, which must be approved by 201
the department and which must be selected from measures 202
developed pursuant to s. 341.041(3). Each provider shall, by 203
January 31 of each year, report to the department relative to 204
these measures. In approving these measures, the department 205
shall give consideration to the goals and objectives of each 206
system, the needs of the local area, and the role for public 207
transit in the local area. T he report shall include the also 208
specifically address potential enhancements to productivity and 209
performance which would have the effect of increasing farebox 210
recovery ratio. 211
(3) Each public transit provider shall publish on its 212
website in the local newspaper of its area the productivity and 213
performance measures established for the year and a report which 214
provides quantitative data relative to the attainment of 215
established productivity and performance measures. 216
Section 8. (1) Effective upon this act becoming a law, 217
the governance and control of the Santa Rosa Bay Bridge 218
Authority is transferred to the Department of Transportation. 219
(2) The authority's bridge system transferred to the 220
department under the terms of the lease -purchase agreement 221
between the department and the authority, effective as of the 222
close of business on June 30, 2022. Any remaining assets, 223
facilities, tangible and intangible property, and any rights in 224
such property, and any other legal rights of the authority, are 225
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transferred to the department. The department succeeds to all 226
powers of the authority. The department may review other 227
contracts, financial obligations, and contractual obligations 228
and liabilities of the authority and may assume legal liability 229
for such obligations that a re determined by the department to be 230
necessary for the continued operation of the bridge system. 231
(3) The bridge system, or any portion thereof, may be 232
transferred by the department and become part of the turnpike 233
system under the Florida Turnpike Enterp rise Law. 234
Section 9. Effective upon this act becoming a law, part IV 235
of chapter 348, Florida Statutes, consisting of sections 236
348.965, 348.966, 348.967, 348.968, 348.969, 348.97, 348.971, 237
348.972, 348.973, 348.974, 348.9751, 348.9761, 348.9771, and 238
348.9781, is repealed. 239
Section 10. Except as otherwise expressly provided in this 240
act, this act shall take effect July 1, 2023. 241