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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. 206.46, F.S.; increasing the maximum 3
amount of debt service coverage that may be 4
transferred from the State Transportation Trust Fund 5
to the Right-of-Way Acquisition and Bridge 6
Construction Trust Fund; amending s. 215.616, F.S., 7
increasing the maximum term of state bonds for federal 8
aid highway construction; amending s. 288.9606, F.S.; 9
authorizing Florida Development Finance Corporation 10
revenue bonds to finance acquisition or construction 11
of certain transportation facilities; amending s. 12
316.0777, F.S.; defining the term "law enforcement 13
agency"; authorizing installation of an automated 14
license plate recognition system within the right -of-15
way of a road on the State Highway System for a 16
specified purpose; prohibiting use of such system for 17
certain purposes; requiring such installation to be in 18
accordance with placement and installation guidelines 19
developed by the department; requiring removal of such 20
system within a specified timeframe upon notif ication 21
by the department; exempting the department from 22
liability for damages resulting from operation of such 23
system; providing for a maximum period of retention of 24
certain records generated through the use of such 25
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system; amending s. 330.30, F.S.; prohi biting the 26
department from requiring that an applicant for 27
airport site approval provide a written memorandum of 28
understanding or letter of agreement with other 29
airport sites except under specified circumstances; 30
amending s. 334.044, F.S.; authorizing the department 31
to purchase certain promotional items; authorizing the 32
department to expend funds for certain training, 33
testing, and licensing; amending s. 337.025, F.S.; 34
revising the annual cap for contracts awarded for 35
specified purposes; providing exceptions to such cap; 36
amending s. 337.11, F.S.; revising the amount of 37
construction and maintenance contracts the department 38
may enter into without advertising and receiving 39
competitive bids; revising requirements for design -40
build contracts; authorizing the depart ment to enter 41
into phased design-build contracts under certain 42
circumstances; providing requirements for phased 43
design-build contracts; requiring the department to 44
adopt rules for administering phased design -build 45
contracts; amending s. 341.052, F.S.; requ iring public 46
transit block grant program providers to establish 47
plans consistent with certain long -range 48
transportation plans; amending s. 341.071, F.S.; 49
revising requirements for public transit provider 50
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reports and publication thereof; transferring contro l 51
of the Santa Rosa Bay Bridge Authority to the 52
department; transferring all remaining assets, rights, 53
powers, and duties of the authority to the department; 54
authorizing the department to transfer all or a 55
portion of the bridge system to the turnpike syste m; 56
repealing part IV of ch. 348, F.S., relating to the 57
creation and operation of the Santa Rosa Bay Bridge 58
Authority; providing effective dates. 59
60
Be It Enacted by the Legislature of the State of Florida: 61
62
Section 1. Subsection (2) of section 206.46 , Florida 63
Statutes, is amended to read: 64
206.46 State Transportation Trust Fund. — 65
(2) Notwithstanding any other law, from the revenues 66
deposited into the State Transportation Trust Fund a maximum of 67
7 percent in each fiscal year shall be transferred int o the 68
Right-of-Way Acquisition and Bridge Construction Trust Fund 69
created in s. 215.605, as needed to meet the requirements of the 70
documents authorizing the bonds issued or proposed to be issued 71
under ss. 215.605 and 337.276 or at a minimum amount sufficie nt 72
to pay for the debt service coverage requirements of outstanding 73
bonds. Notwithstanding the 7 percent annual transfer authorized 74
in this subsection, the annual amount transferred under this 75
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subsection may not exceed an amount necessary to provide the 76
required debt service coverage levels for a maximum debt service 77
not to exceed $425 $350 million. Such transfer shall be payable 78
primarily from the motor and diesel fuel taxes transferred to 79
the State Transportation Trust Fund from the Fuel Tax Collection 80
Trust Fund. 81
Section 2. Subsection (3) of section 215.616, Florida 82
Statutes, is amended to read: 83
215.616 State bonds for federal aid highway construction. — 84
(3) The term of the bonds may shall not exceed a term of 85
18 12 years. Before Prior to the issuance of bonds, the 86
Department of Transportation must shall determine that annual 87
debt service on all bonds issued pursuant to this section does 88
not exceed 10 percent of annual apportionments to the department 89
for federal highway aid in accordance with the p rovisions of 90
Title 23 of the United States Code. 91
Section 3. Subsection (6) of section 288.9606, Florida 92
Statutes, is amended, and paragraph (d) is added to subsection 93
(7) of that section, to read: 94
288.9606 Issue of revenue bonds. — 95
(6) The proceeds of any bonds of the corporation may not 96
be used, in any manner, to acquire any building or facility that 97
will be, during the pendency of the financing, used by, occupied 98
by, leased to, or paid for by any state, county, or municipal 99
agency or entity. This subsection does not prohibit the use of 100
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proceeds of bonds of the corporation for the purpose of 101
financing the acquisition or construction of a transportation 102
facility under a public -private partnership agreement authorized 103
by s. 334.30. 104
(7) Notwithstanding any provision of this section, the 105
corporation in its corporate capacity may, without authorization 106
from a public agency under s. 163.01(7), issue revenue bonds or 107
other evidence of indebtedness under this section to: 108
(d) Finance the costs of acquisiti on or construction of a 109
transportation facility by a private entity or consortium of 110
private entities under a public -private partnership agreement 111
authorized by s. 334.30. 112
Section 4. Subsections (2), (3), and (4) of section 113
316.0777, Florida Statutes, are renumbered as subsections (3), 114
(4), and (5), respectively, and a new subsection (2) is added to 115
that section to read: 116
316.0777 Automated license plate recognition systems; 117
installation within rights -of-way of State Highway System; 118
public records exemption. — 119
(2)(a) As used in this subsection, the term "law 120
enforcement agency" means an agency that has a primary mission 121
of preventing and detecting crime and enforcing state penal, 122
criminal, traffic, and motor vehicle laws and, in fur therance of 123
that mission, employs law enforcement officers as defined in s. 124
943.10(1). 125
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(b) At the discretion of the Department of Transportation, 126
an automated license plate recognition system may be installed 127
within the right-of-way, as defined in s. 334 .03(21), of a road 128
on the State Highway System when installed at the request of a 129
law enforcement agency for the purpose of collecting active 130
criminal intelligence information or active criminal 131
investigative information as defined in s. 119.011(3). An 132
automated license plate recognition system may not be used to 133
issue a notice of violation for a traffic infraction or a 134
uniform traffic citation. Such installation must be in 135
accordance with placement and installation guidelines developed 136
by the Department of Transportation. An automated license plate 137
recognition system must be removed within 30 days after the 138
Department of Transportation notifies the requesting law 139
enforcement agency that such removal must occur. 140
(c) Installation and removal of an automated license plate 141
recognition system are at the sole expense of the requesting law 142
enforcement agency. The Department of Transportation is not 143
liable for any damages caused to any person by the requesting 144
law enforcement agency's operation of such system. 145
(d) Records containing images and data generated through 146
the use of an automated license plate recognition system may not 147
be retained longer than the maximum period provided in the 148
retention schedule established pursuant to s. 316.0778. 149
Section 5. Effective upon this act becoming a law, 150
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paragraphs (d) through (g) of subsection (1) of section 330.30, 151
Florida Statutes, are redesignated as paragraphs (e) through 152
(h), respectively, and a new paragraph (d) is added to that 153
subsection to read: 154
330.30 Approval of airport sites; registration and 155
licensure of airports. — 156
(1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD, 157
REVOCATION.— 158
(d) For the purpose of granting site approval, the 159
department may not require an applicant to provide a written 160
memorandum of understanding or letter of agreement with other 161
airport sites regarding air traffic pattern separation 162
procedures unless such memorandum or letter is required by the 163
Federal Aviation Administration or is deemed necessary by the 164
department. 165
Section 6. Subsection (5) of section 334.044, Florida 166
Statutes, is amended, and subsection (36) is added to that 167
section, to read: 168
334.044 Powers and duties of the department. —The 169
department shall have the following general powers and duties: 170
(5) To purchase, leas e, or otherwise acquire property and 171
materials, including the purchase of promotional items as part 172
of public information and education campaigns for the promotion 173
of scenic highways, traffic and train safety awareness, 174
alternatives to single -occupant vehicle travel, and commercial 175
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motor vehicle safety , electric vehicle use and charging 176
stations, autonomous vehicles, and context design for electric 177
vehicles and autonomous vehicles ; to purchase, lease, or 178
otherwise acquire equipment and supplies; and to sell , exchange, 179
or otherwise dispose of any property that is no longer needed by 180
the department. 181
(36) To expend funds, within its discretion, for training, 182
testing, and licensing for full -time employees of the department 183
who are required to have a valid Clas s A or Class B commercial 184
driver license as a condition of employment with the department. 185
Section 7. Section 337.025, Florida Statutes, is amended 186
to read: 187
337.025 Innovative transportation projects; department to 188
establish program.— 189
(1) The department may establish a program for 190
transportation projects demonstrating innovative techniques of 191
highway and bridge design, construction, maintenance, and 192
finance which have the intended effect of measuring resiliency 193
and structural integrity and controlli ng time and cost increases 194
on construction projects. Such techniques may include, but are 195
not limited to, state -of-the-art technology for pavement, 196
safety, and other aspects of highway and bridge design, 197
construction, and maintenance; innovative bidding an d financing 198
techniques; accelerated construction procedures; and those 199
techniques that have the potential to reduce project life cycle 200
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costs. To the maximum extent practical, the department must use 201
the existing process to award and administer construction and 202
maintenance contracts. When specific innovative techniques are 203
to be used, the department is not required to adhere to those 204
provisions of law that would prevent, preclude, or in any way 205
prohibit the department from using the innovative technique. 206
However, before using an innovative technique that is 207
inconsistent with another provision of law, the department must 208
document in writing the need for the exception and identify what 209
benefits the traveling public and the affected community are 210
anticipated to receive. The department may enter into no more 211
than $200 $120 million in contracts awarded annually for the 212
purposes authorized by this section. 213
(2) The annual cap on contracts provided in subsection (1) 214
does not apply to: 215
(a) Turnpike enterprise proje cts. 216
(b) Low-bid design-build milling and resurfacing 217
contracts. 218
(c) Contracts awarded under s. 337.11(7)(a). 219
Section 8. Paragraph (c) of subsection (6) and subsection 220
(7) of section 337.11, Florida Statutes, are amended to read: 221
337.11 Contracting authority of department; bids; 222
emergency repairs, supplemental agreements, and change orders; 223
combined design and construction contracts; progress payments; 224
records; requirements of vehicle registration. — 225
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(6) 226
(c) When the department determines that i t is in the best 227
interest of the public for reasons of public concern, economy, 228
improved operations, or safety, and only when circumstances 229
dictate rapid completion of the work, the department may, up to 230
the amount of $500,000 $250,000, enter into contract s for 231
construction and maintenance without advertising and receiving 232
competitive bids. The department may enter into such contracts 233
only upon a determination that the work is necessary for one of 234
the following reasons: 235
1. To ensure timely completion of p rojects or avoidance of 236
undue delay for other projects; 237
2. To accomplish minor repairs or construction and 238
maintenance activities for which time is of the essence and for 239
which significant cost savings would occur; or 240
3. To accomplish nonemergency work necessary to ensure 241
avoidance of adverse conditions that affect the safe and 242
efficient flow of traffic. 243
244
The department shall make a good faith effort to obtain two or 245
more quotes, if available, from qualified contractors before 246
entering into any contract . The department shall give 247
consideration to disadvantaged business enterprise 248
participation. However, when the work exists within the limits 249
of an existing contract, the department shall make a good faith 250
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effort to negotiate and enter into a contract with the prime 251
contractor on the existing contract. 252
(7)(a) If the department determines that it is in the best 253
interests of the public, the department may combine the design 254
and construction phases of a building, a major bridge, a limited 255
access facility, or a rail corridor project into a single 256
contract. Such contract is referred to as a design -build 257
contract. 258
(b) If the department determines that it is in the best 259
interests of the public, the department may combine the design 260
and construction phases of a project fully funded in the work 261
program into a single contract and select the design -build firm 262
in the early stages of a project to ensure that the design -build 263
firm is part of the collaboration and development of the design 264
as part of a step-by-step progression through construction. Such 265
a contract is referred to as a phased design -build contract. For 266
phased design-build contracts, selection and award must include 267
a two-phase process. For phase one, the department shall 268
competitively award the contract to a design-build firm based 269
upon qualifications. For phase two, the design -build firm shall 270
competitively bid construction trade subcontractor packages and, 271
based upon these bids, negotiate with the department a fixed 272
firm price or guaranteed maximum price that meets the project 273
budget and scope as advertised in the request for 274
qualifications. 275
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(c) Design-build contracts and phased design-build 276
contracts may be advertised and awarded notwithstanding the 277
requirements of paragraph (3)(c). However, constructio n 278
activities may not begin on any portion of such projects for 279
which the department has not yet obtained title to the necessary 280
rights-of-way and easements for the construction of that portion 281
of the project has vested in the state or a local governmental 282
entity and all railroad crossing and utility agreements have 283
been executed. Title to rights -of-way shall be deemed to have 284
vested in the state when the title has been dedicated to the 285
public or acquired by prescription. 286
(d)(b) The department shall adopt by rule procedures for 287
administering design -build and phased design-build contracts. 288
Such procedures shall include, but not be limited to: 289
1. Prequalification requirements. 290
2. Public announcement procedures. 291
3. Scope of service requirements. 292
4. Letters of interest requirements. 293
5. Short-listing criteria and procedures. 294
6. Bid proposal requirements. 295
7. Technical review committee. 296
8. Selection and award processes. 297
9. Stipend requirements. 298
(e)(c) The department must receive at least three l etters 299
of interest in order to proceed with a request for proposals. 300
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The department shall request proposals from no fewer than three 301
of the design-build firms submitting letters of interest. If a 302
design-build firm withdraws from consideration after the 303
department requests proposals, the department may continue if at 304
least two proposals are received. 305
Section 9. Subsection (1) of section 341.052, Florida 306
Statutes, is amended to read: 307
341.052 Public transit block grant program; 308
administration; eligible projects; limitation. — 309
(1) There is created a public transit block grant program 310
which shall be administered by the department. Block grant funds 311
shall only be provided to "Section 9" providers and "Section 18" 312
providers designated by the United States D epartment of 313
Transportation and community transportation coordinators as 314
defined in chapter 427. Eligible providers must establish public 315
transportation development plans consistent, to the maximum 316
extent feasible, with approved local government comprehens ive 317
plans of the units of local government in which the provider is 318
located and the long-range transportation plans of the 319
metropolitan planning organization in which the provider is 320
located. In developing public transportation development plans, 321
eligible providers must solicit comments from local workforce 322
development boards established under chapter 445. The 323
development plans must address how the public transit provider 324
will work with the appropriate local workforce development board 325
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to provide services t o participants in the welfare transition 326
program. Eligible providers must provide information to the 327
local workforce development board serving the county in which 328
the provider is located regarding the availability of 329
transportation services to assist progr am participants. 330
Section 10. Subsections (2) and (3) of section 341.071, 331
Florida Statutes, are amended to read: 332
341.071 Transit productivity and performance measures; 333
reports.— 334
(2) Each public transit provider shall establish 335
productivity and perfo rmance measures, which must be approved by 336
the department and which must be selected from measures 337
developed pursuant to s. 341.041(3). Each provider shall, by 338
January 31 of each year, report to the department relative to 339
these measures. In approving these measures, the department 340
shall give consideration to the goals and objectives of each 341
system, the needs of the local area, and the role for public 342
transit in the local area. The report shall include the also 343
specifically address potential enhancements to productivity and 344
performance which would have the effect of increasing farebox 345
recovery ratio. 346
(3) Each public transit provider shall publish on its 347
website in the local newspaper of its area the productivity and 348
performance measures established for the year and a report which 349
provides quantitative data relative to the attainment of 350
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established productivity and performance measures. 351
Section 11. (1) Effective upon this act becoming a law, 352
the governance and control of the Santa Rosa Bay Bridge 353
Authority is transferred to the Department of Transportation. 354
(2) The authority's bridge system transferred to the 355
department under the terms of the lease -purchase agreement 356
between the department and the authority, effective as of the 357
close of business on June 30, 2022. Any remaining assets, 358
facilities, tangible and intangible property, and any rights in 359
such property, and any other legal rights of the authority, are 360
transferred to the department. The department succeeds to all 361
powers of the authority. The depa rtment may review other 362
contracts, financial obligations, and contractual obligations 363
and liabilities of the authority and may assume legal liability 364
for such obligations that are determined by the department to be 365
necessary for the continued operation of the bridge system. 366
(3) The bridge system, or any portion thereof, may be 367
transferred by the department and become part of the turnpike 368
system under the Florida Turnpike Enterprise Law. 369
Section 12. Effective upon this act becoming a law, part 370
IV of chapter 348, Florida Statutes, consisting of sections 371
348.965, 348.966, 348.967, 348.968, 348.969, 348.97, 348.971, 372
348.972, 348.973, 348.974, 348.9751, 348.9761, 348.9771, and 373
348.9781, is repealed. 374
Section 13. Except as otherwise expressly provided in this 375
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act and except for this section, which shall take effect upon 376
this act becoming a law, this act shall take effect July 1, 377
2023. 378