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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
311.101, F.S.; authorizing the department to provide 13
up to 100 percent of project costs for certain 14
eligible projects in rural areas of opportunity; 15
amending s. 316.0777, F.S.; defining the term "law 16
enforcement agency"; authorizing installation of an 17
automated license plate recognition system within the 18
right-of-way of a road on the State Highway System for 19
a specified purpose; prohibiting use of such system 20
for certain purposes; requiring such installation to 21
be in accordance with placement and installation 22
guidelines developed by the department; requiring 23
removal of such system within a specified timef rame 24
upon notification by the department; exempting the 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
department from liability for damages resulting from 26
operation of such system; providing for a maximum 27
period of retention of certain records generated 28
through the use of such system; amending s. 330. 27, 29
F.S.; revising the definition of the term "temporary 30
airport"; amending s. 330.30, F.S.; requiring certain 31
documentation to be submitted to the Department of 32
Transportation for temporary airport site approval and 33
temporary airport registration; requiri ng a temporary 34
airport to obtain registration before operation of 35
aircraft to or from the airport; prohibiting the 36
department from requiring that an applicant for 37
airport site approval provide a written memorandum of 38
understanding or letter of agreement wi th other 39
airport sites except under specified circumstances; 40
requiring the department to publish certain notice of 41
receipt of a temporary airport registration 42
application; specifying the period during which such 43
application may be approved or denied; requi ring the 44
department to issue registration concurrent with site 45
approval; providing that certain registrations are 46
considered approved under specified conditions; 47
requiring written notice to the department's agency 48
clerk before an applicant takes action bas ed on such 49
default registration; removing a condition for 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
licensure or registration as a temporary airport; 51
prohibiting approval of subsequent registration 52
applications under certain circumstances; revising an 53
exemption from certain provisions for an airpo rt used 54
for aerial application or spraying of crops; amending 55
s. 332.007, F.S.; authorizing the department, subject 56
to the availability of appropriated funds, to fund up 57
to 100 percent of eligible project costs of certain 58
projects at specified publicly own ed, publicly 59
operated airports with no scheduled commercial 60
service; providing prioritization criteria; providing 61
for allocation of any remaining funds; amending s. 62
334.044, F.S.; authorizing the department to purchase 63
certain promotional items; authorizin g the department 64
to expend funds for certain training, testing, and 65
licensing; amending s. 337.025, F.S.; revising the 66
annual cap for contracts awarded for specified 67
purposes; deleting the exemption from such cap for 68
low-bid design-build milling and resurf acing 69
contracts; amending s. 337.11, F.S.; revising the 70
amount of construction and maintenance contracts the 71
department may enter into without advertising and 72
receiving competitive bids; revising requirements for 73
design-build contracts; authorizing the dep artment to 74
enter into phased design -build contracts under certain 75
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circumstances; providing requirements for phased 76
design-build contracts; requiring the department to 77
adopt rules for administering phased design -build 78
contracts; amending s. 339.175, F.S.; a bolishing the 79
Chairs Coordinating Committee; requiring metropolitan 80
planning organizations serving specified counties to 81
submit a certain feasibility report by a specified 82
date, with certain goals; amending s. 341.052, F.S.; 83
requiring public transit block grant program providers 84
to establish plans consistent with certain long -range 85
transportation plans; amending s. 341.061, F.S.; 86
requiring the department to adopt by rule minimum 87
safety standards for certain fixed -guideway 88
transportation systems; requiring t he department to 89
conduct certain structural inspections and follow 90
certain safety protocols during such inspections; 91
amending s. 341.071, F.S.; revising requirements for 92
public transit provider reports and publication 93
thereof; transferring control of the S anta Rosa Bay 94
Bridge Authority to the department; transferring all 95
remaining assets, rights, powers, and duties of the 96
authority to the department; authorizing the 97
department to transfer all or a portion of the bridge 98
system to the turnpike system; repeali ng part IV of 99
ch. 348, F.S., relating to the creation and operation 100
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of the Santa Rosa Bay Bridge Authority; reestablishing 101
the Greater Miami Expressway Agency; amending s. 102
348.0301, F.S.; revising a short title; repealing s. 103
348.0302, F.S., relating to app licability; amending s. 104
348.0303, F.S.; deleting the term "county"; revising 105
the definition of the term "expressway system"; 106
defining the term "Miami -Dade County Expressway 107
Authority"; creating s. 348.03031, F.S.; providing 108
legislative findings and intent; amending s. 348.0304, 109
F.S.; providing legislative intent; revising the area 110
served by the agency to include specified portions of 111
Monroe County; revising requirements for membership of 112
the agency's governing body; revising requirements for 113
initial appointments; amending s. 348.0306, F.S.; 114
authorizing, rather than requiring, the agency to 115
construct expressways; conforming provisions to 116
changes made by the act; amending s. 348.0309, F.S.; 117
conforming a provision to changes made by the act; 118
amending s. 348.0315, F.S.; revising the date by 119
which, and the entities to which, the agency must 120
begin submitting certain annual reports relating to 121
tolls; amending s. 348.0318, F.S.; conforming a 122
provision to changes made by the act; amending s. 123
189.072, F.S.; providing a pplicability; providing a 124
directive to the Division of Law Revision; providing 125
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an effective date. 126
127
Be It Enacted by the Legislature of the State of Florida: 128
129
Section 1. Subsection (2) of section 206.46, Florida 130
Statutes, is amended to read: 131
206.46 State Transportation Trust Fund. — 132
(2) Notwithstanding any other law, from the revenues 133
deposited into the State Transportation Trust Fund a maximum of 134
7 percent in each fiscal year shall be transferred into the 135
Right-of-Way Acquisition and Bridge Const ruction Trust Fund 136
created in s. 215.605, as needed to meet the requirements of the 137
documents authorizing the bonds issued or proposed to be issued 138
under ss. 215.605 and 337.276 or at a minimum amount sufficient 139
to pay for the debt service coverage require ments of outstanding 140
bonds. Notwithstanding the 7 percent annual transfer authorized 141
in this subsection, the annual amount transferred under this 142
subsection may not exceed an amount necessary to provide the 143
required debt service coverage levels for a maxim um debt service 144
not to exceed $425 $350 million. Such transfer shall be payable 145
primarily from the motor and diesel fuel taxes transferred to 146
the State Transportation Trust Fund from the Fuel Tax Collection 147
Trust Fund. 148
Section 2. Subsection (3) of sect ion 215.616, Florida 149
Statutes, is amended to read: 150
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215.616 State bonds for federal aid highway construction. — 151
(3) The term of the bonds may shall not exceed a term of 152
18 12 years. Before Prior to the issuance of bonds, the 153
Department of Transportation must shall determine that annual 154
debt service on all bonds issued pursuant to this section does 155
not exceed 10 percent of annual apportionments to the department 156
for federal highway aid in accordance with the provisions of 157
Title 23 of the United States Code . 158
Section 3. Subsection (6) of section 288.9606, Florida 159
Statutes, is amended, and paragraph (d) is added to subsection 160
(7) of that section, to read: 161
288.9606 Issue of revenue bonds. — 162
(6) The proceeds of any bonds of the corporation may not 163
be used, in any manner, to acquire any building or facility that 164
will be, during the pendency of the financing, used by, occupied 165
by, leased to, or paid for by any state, county, or municipal 166
agency or entity. This subsection does not prohibit the use of 167
proceeds of bonds of the corporation for the purpose of 168
financing the acquisition or construction of a transportation 169
facility under a public -private partnership agreement authorized 170
by s. 334.30. 171
(7) Notwithstanding any provision of this section, the 172
corporation in its corporate capacity may, without authorization 173
from a public agency under s. 163.01(7), issue revenue bonds or 174
other evidence of indebtedness under this section to: 175
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(d) Finance the costs of acquisition or construction of a 176
transportation facility by a private entity or consortium of 177
private entities under a public -private partnership agreement 178
authorized by s. 334.30. 179
Section 4. Subsection (6) of section 311.101, Florida 180
Statutes, is amended to read: 181
311.101 Intermodal Logistics Center Infrastructure Support 182
Program.— 183
(6) The department shall provide up to 50 percent of 184
project costs for eligible projects. For eligible projects in 185
rural areas of opportunity designated in accordance with s. 186
288.0656(7)(a), the department may provide up to 100 percent of 187
project costs. 188
Section 5. Subsections (2), (3), and (4) of section 189
316.0777, Florida Statutes, are renumbered as subsections (3), 190
(4), and (5), respectively, and a new subsection (2) is added to 191
that section to read: 192
316.0777 Automated license plate recognition systems; 193
installation within rights -of-way of State Highway System; 194
public records exemption. — 195
(2)(a) As used in this subsection, the term "law 196
enforcement agency" means an agency that ha s a primary mission 197
of preventing and detecting crime and enforcing state penal, 198
criminal, traffic, and motor vehicle laws and, in furtherance of 199
that mission, employs law enforcement officers as defined in s. 200
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943.10(1). 201
(b) At the discretion of the Depa rtment of Transportation, 202
an automated license plate recognition system may be installed 203
within the right-of-way, as defined in s. 334.03(21), of a road 204
on the State Highway System when installed at the request of a 205
law enforcement agency for the purpose o f collecting active 206
criminal intelligence information or active criminal 207
investigative information as defined in s. 119.011(3). An 208
automated license plate recognition system may not be used to 209
issue a notice of violation for a traffic infraction or a 210
uniform traffic citation. Such installation must be in 211
accordance with placement and installation guidelines developed 212
by the Department of Transportation. An automated license plate 213
recognition system must be removed within 30 days after the 214
Department of Transportation notifies the requesting law 215
enforcement agency that such removal must occur. 216
(c) Installation and removal of an automated license plate 217
recognition system are at the sole expense of the requesting law 218
enforcement agency. The Department of Tran sportation is not 219
liable for any damages caused to any person by the requesting 220
law enforcement agency's operation of such system. 221
(d) Records containing images and data generated through 222
the use of an automated license plate recognition system may not 223
be retained longer than the maximum period provided in the 224
retention schedule established pursuant to s. 316.0778. 225
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Section 6. Subsection (7) of section 330.27, Florida 226
Statutes, is amended to read: 227
330.27 Definitions, when used in ss. 330.29 -330.39.— 228
(7) "Temporary airport" means an any airport at which 229
flight operations are conducted under visual flight rules 230
established by the Federal Aviation Administration and which is 231
that will be used for a period of less than 30 consecutive days 232
with no more than 10 operations per day. 233
Section 7. Subsection (1), paragraphs (a) and (c) of 234
subsection (2), and paragraph (e) of subsection (3) of section 235
330.30, Florida Statutes, are amended to read: 236
330.30 Approval of airport sites; registration and 237
licensure of airports.— 238
(1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD, 239
REVOCATION.— 240
(a) Except as provided in subsection (3), the owner or 241
lessee of a any proposed airport shall, before prior to site 242
acquisition or construction or establishment of the prop osed 243
airport, obtain approval of the airport site from the 244
department. Applications for approval of a site shall be made in 245
a form and manner prescribed by the department. The department 246
shall grant the site approval if it is satisfied: 247
1. That the site has adequate area allocated for the 248
airport as proposed. 249
2. That the proposed airport will conform to licensing or 250
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registration requirements and will comply with the applicable 251
local government land development regulations or zoning 252
requirements. 253
3. That all affected airports, local governments, and 254
property owners have been notified and any comments submitted by 255
them have been given adequate consideration. 256
4. That safe air-traffic patterns can be established for 257
the proposed airport with all existing airports and approved 258
airport sites in its vicinity. 259
(b) Site approval shall be granted for a public airport 260
airports only after a favorable department inspection of the 261
proposed site. 262
(c) Site approval shall be granted for a private airport 263
airports only after receipt of documentation in a form and 264
manner the department deems necessary to satisfy the conditions 265
in paragraph (a). 266
(d) Site approval shall be granted for a temporary airport 267
only after receipt of documentation in a form and manner the 268
department deems necessary to satisfy the conditions in 269
paragraph (a). Such documentation must be included with the 270
application for a temporary airport registration. 271
(e) For the purpose of granting site approval, the 272
department may not require an applican t to provide a written 273
memorandum of understanding or letter of agreement with other 274
airport sites regarding air traffic pattern separation 275
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procedures unless such memorandum or letter is required by the 276
Federal Aviation Administration or is deemed necessar y by the 277
department. 278
(f)(d) Site approval may be granted subject to any 279
reasonable conditions the department deems necessary to protect 280
the public health, safety, or welfare. 281
(g)(e) Approval as a public airport or a private airport 282
shall remain valid f or 2 years after the date of issue , unless 283
revoked by the department or unless a public airport license is 284
issued or a private airport registration is completed pursuant 285
to subsection (2) before prior to the expiration date. 286
(h)(f) The department may ext end a public airport or 287
private airport site approval for subsequent periods of 2 years 288
per extension for good cause. 289
(i)(g) The department may revoke an airport a site 290
approval if it determines: 291
1. That the site has been abandoned as an airport site; 292
2. That the site has not been developed as an airport 293
within a reasonable time period or development does not comply 294
with the conditions of the site approval; 295
3. That, except as required for in -flight emergencies, 296
aircraft have operated on the site; or 297
4. That the site is no longer usable for aviation purposes 298
due to physical or legal changes in conditions that were the 299
subject of the approval granted. 300
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(2) LICENSES AND REGISTRATIONS; REQUIREMENTS, RENEWAL, 301
REVOCATION.— 302
(a) Except as provided in su bsection (3), the owner or 303
lessee of an any airport in this state shall have either a 304
public airport license , or private airport registration , or 305
temporary airport registration before prior to the operation of 306
aircraft to or from the airport facility. Application for a 307
license or registration shall be made in a form and manner 308
prescribed by the department. Upon granting site approval: 309
1. For a public airport, upon granting site approval, the 310
department shall issue a license after a final airport 311
inspection finds the airport facility to be in compliance with 312
all requirements for the license. The license may be subject to 313
any reasonable conditions that the department deems may deem 314
necessary to protect the public health, safety, or welfare. 315
2. For a private airport, upon granting site approval, the 316
department shall provide controlled electronic access to the 317
state aviation facility data system to permit the applicant to 318
complete the registration process. Registration shall be 319
completed upon self-certification by the registrant of 320
operational and configuration data deemed necessary by the 321
department. 322
3. For a temporary airport, the department must publish 323
notice of receipt of a completed registration application in the 324
next available publication of the Flor ida Administrative 325
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Register and may not approve a registration application less 326
than 14 days after the date of publication of the notice. The 327
department must approve or deny a registration application 328
within 30 days after receipt of a completed application and must 329
issue the temporary airport registration concurrent with the 330
airport site approval. A completed registration application that 331
is not approved or denied within 30 days after the department 332
receives the completed application is considered approved and 333
shall be issued, subject to such reasonable conditions as are 334
authorized by law. An applicant seeking to claim registration by 335
default under this subparagraph must notify the agency clerk of 336
the department, in writing, of the intent to rely upon the 337
default registration provision of this subparagraph and may not 338
take any action based upon the default registration until after 339
receipt of such notice by the agency clerk. 340
(c) The department may license a public airport or a 341
private airport may register as a temporary airport provided 342
that the airport will not endanger the public health, safety, or 343
welfare and the airport meets the temporary airport requirements 344
established by the department. A temporary airport license or 345
registration shall be valid for le ss than 30 days and is not 346
renewable. The department may not approve a subsequent temporary 347
airport registration application for the same general location 348
if the purpose or effect is to evade otherwise applicable 349
airport permitting or licensure requirement s. 350
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(3) EXEMPTIONS.—The provisions of this section do not 351
apply to: 352
(e) An airport which meets the criteria of s. 330.27(7) 353
used exclusively for aerial application or spraying of crops on 354
a seasonal basis, not to include any licensed airport where 355
permanent crop aerial application or spraying facilities are 356
installed, if the period of operation does not exceed 30 days 357
per calendar year and the frequency of operations does not 358
exceed 10 operations per day . Such proposed airports, which will 359
be located within 3 miles of existing airports or approved 360
airport sites, shall establish safe air -traffic patterns with 361
such existing airports or approved airport sites, by memorandums 362
of understanding, or by letters of agreement between the parties 363
representing the airports or sites. 364
Section 8. Subsection (10) is added to section 332.007, 365
Florida Statutes, to read: 366
332.007 Administration and financing of aviation and 367
airport programs and projects; state plan. — 368
(10) Subject to the availability of appropriated funds, 369
and unless otherwise provided in the General Appropriations Act 370
or the substantive bill implementing the General Appropriations 371
Act, the department may fund up to 100 percent of eligible 372
project costs of all of the following at a publicly owned, 373
publicly operated airport located in a rural community as 374
defined in s. 288.0656 which does not have any scheduled 375
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commercial service: 376
(a) The capital cost of runway and taxiway projects that 377
add capacity. Such projects must be prioritized based on the 378
amount of available nonstate matching funds. 379
(b) Economic development transportation projects pursuant 380
to s. 339.2821. 381
382
Any remaining funds must be allocated for projects specified in 383
subsection (6). 384
Section 9. Subsection (5) of section 334.044, Florida 385
Statutes, is amended, and subsection (36) is added to that 386
section, to read: 387
334.044 Powers and duties of the department. —The 388
department shall have the following general powers and duties: 389
(5) To purchase, lease, or otherwise acquire property and 390
materials, including the purchase of promotional items as part 391
of public information and education campaigns for the promotion 392
of scenic highways, traffic and train safety awareness, 393
alternatives to single -occupant vehicle travel, and commercial 394
motor vehicle safety , electric vehicle use and charging 395
stations, autonomous vehicles, and context design for electric 396
vehicles and autonomous vehicles ; to purchase, lease, or 397
otherwise acquire equipment and supplies; and to sell, exchange, 398
or otherwise dispose of any property that is no longer needed by 399
the department. 400
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(36) To expend funds, within its discretion, for training, 401
testing, and licensing for full -time employees of the department 402
who are required to have a va lid Class A or Class B commercial 403
driver license as a condition of employment with the department. 404
Section 10. Section 337.025, Florida Statutes, is amended 405
to read: 406
337.025 Innovative transportation projects; department to 407
establish program.— 408
(1) The department may establish a program for 409
transportation projects demonstrating innovative techniques of 410
highway and bridge design, construction, maintenance, and 411
finance which have the intended effect of measuring resiliency 412
and structural integrity and controlling time and cost increases 413
on construction projects. Such techniques may include, but are 414
not limited to, state -of-the-art technology for pavement, 415
safety, and other aspects of highway and bridge design, 416
construction, and maintenance; innovative b idding and financing 417
techniques; accelerated construction procedures; and those 418
techniques that have the potential to reduce project life cycle 419
costs. To the maximum extent practical, the department must use 420
the existing process to award and administer con struction and 421
maintenance contracts. When specific innovative techniques are 422
to be used, the department is not required to adhere to those 423
provisions of law that would prevent, preclude, or in any way 424
prohibit the department from using the innovative techn ique. 425
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However, before using an innovative technique that is 426
inconsistent with another provision of law, the department must 427
document in writing the need for the exception and identify what 428
benefits the traveling public and the affected community are 429
anticipated to receive. The department may enter into no more 430
than $200 $120 million in contracts awarded annually for the 431
purposes authorized by this section. 432
(2) The annual cap on contracts provided in subsection (1) 433
does not apply to: 434
(a) turnpike enterprise projects. 435
(b) Low-bid design-build milling and resurfacing 436
contracts. 437
Section 11. Paragraph (c) of subsection (6) and subsection 438
(7) of section 337.11, Florida Statutes, are amended to read: 439
337.11 Contracting authority of department; bids; 440
emergency repairs, supplemental agreements, and change orders; 441
combined design and construction contracts; progress payments; 442
records; requirements of vehicle registration. — 443
(6) 444
(c) When the department determines that it is in the best 445
interest of the public for reasons of public concern, economy, 446
improved operations, or safety, and only when circumstances 447
dictate rapid completion of the work, the department may, up to 448
the amount of $500,000 $250,000, enter into contracts for 449
construction and maintenance without advertising and receiving 450
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competitive bids. The department may enter into such contracts 451
only upon a determination that the work is necessary for one of 452
the following reasons: 453
1. To ensure timely completion of projects or avoida nce of 454
undue delay for other projects; 455
2. To accomplish minor repairs or construction and 456
maintenance activities for which time is of the essence and for 457
which significant cost savings would occur; or 458
3. To accomplish nonemergency work necessary to ens ure 459
avoidance of adverse conditions that affect the safe and 460
efficient flow of traffic. 461
462
The department shall make a good faith effort to obtain two or 463
more quotes, if available, from qualified contractors before 464
entering into any contract. The department shall give 465
consideration to disadvantaged business enterprise 466
participation. However, when the work exists within the limits 467
of an existing contract, the department shall make a good faith 468
effort to negotiate and enter into a contract with the prime 469
contractor on the existing contract. 470
(7)(a) If the department determines that it is in the best 471
interests of the public, the department may combine the design 472
and construction phases of a building, a major bridge, a limited 473
access facility, or a rail corridor project into a single 474
contract. Such contract is referred to as a design -build 475
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contract. 476
(b) If the department determines that it is in the best 477
interests of the public, the department may combine the design 478
and construction phases of a project fully fun ded in the work 479
program into a single contract and select the design -build firm 480
in the early stages of a project to ensure that the design -build 481
firm is part of the collaboration and development of the design 482
as part of a step-by-step progression through c onstruction. Such 483
a contract is referred to as a phased design -build contract. For 484
phased design-build contracts, selection and award must include 485
a two-phase process. For phase one, the department shall 486
competitively award the contract to a design -build firm based 487
upon qualifications. For phase two, the design -build firm shall 488
competitively bid construction trade subcontractor packages and, 489
based upon these bids, negotiate with the department a fixed 490
firm price or guaranteed maximum price that meets the pr oject 491
budget and scope as advertised in the request for 492
qualifications. 493
(c) Design-build contracts and phased design-build 494
contracts may be advertised and awarded notwithstanding the 495
requirements of paragraph (3)(c). However, construction 496
activities may not begin on any portion of such projects for 497
which the department has not yet obtained title to the necessary 498
rights-of-way and easements for the construction of that portion 499
of the project has vested in the state or a local governmental 500
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entity and all railroad crossing and utility agreements have 501
been executed. Title to rights -of-way shall be deemed to have 502
vested in the state when the title has been dedicated to the 503
public or acquired by prescription. 504
(d)(b) The department shall adopt by rule procedure s for 505
administering design -build and phased design-build contracts. 506
Such procedures shall include, but not be limited to: 507
1. Prequalification requirements. 508
2. Public announcement procedures. 509
3. Scope of service requirements. 510
4. Letters of interest requirements. 511
5. Short-listing criteria and procedures. 512
6. Bid proposal requirements. 513
7. Technical review committee. 514
8. Selection and award processes. 515
9. Stipend requirements. 516
(e)(c) The department must receive at least three letters 517
of interest in order to proceed with a request for proposals. 518
The department shall request proposals from no fewer than three 519
of the design-build firms submitting letters of interest. If a 520
design-build firm withdraws from consideration after the 521
department requests proposals, the department may continue if at 522
least two proposals are received. 523
Section 12. Paragraph (i) of subsection (6) of section 524
339.175, Florida Statutes, is amended to read: 525
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339.175 Metropolitan planning organization. — 526
(6) POWERS, DUTIES, AN D RESPONSIBILITIES.—The powers, 527
privileges, and authority of an M.P.O. are those specified in 528
this section or incorporated in an interlocal agreement 529
authorized under s. 163.01. Each M.P.O. shall perform all acts 530
required by federal or state laws or rules, now and subsequently 531
applicable, which are necessary to qualify for federal aid. It 532
is the intent of this section that each M.P.O. shall be involved 533
in the planning and programming of transportation facilities, 534
including, but not limited to, airports, int ercity and high-535
speed rail lines, seaports, and intermodal facilities, to the 536
extent permitted by state or federal law. 537
(i) By December 31, 2023, There is created the Chairs 538
Coordinating Committee, composed of the M.P.O.'s serving Citrus, 539
Hernando, Hillsborough, Manatee, Pasco, and Pinellas, Polk, and 540
Sarasota Counties must submit to the Governor, the President of 541
the Senate, and the Speaker of the House of Representatives a 542
feasibility report exploring the benefits, costs, and process of 543
consolidation into a single M.P.O. serving the contiguous 544
urbanized area, the goal of which is to . The committee must, at 545
a minimum: 546
1. Coordinate transportation projects deemed to be 547
regionally significant by the committee. 548
2. Review the impact of reg ionally significant land use 549
decisions on the region. 550
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3. Review all proposed regionally significant 551
transportation projects in the respective transportation 552
improvement programs which affect more than one of the M.P.O.'s 553
represented on the committee . 554
4. Institute a conflict resolution process to address any 555
conflict that may arise in the planning and programming of such 556
regionally significant projects. 557
Section 13. Subsection (1) of section 341.052, Florida 558
Statutes, is amended to read: 559
341.052 Public transit block grant program; 560
administration; eligible projects; limitation. — 561
(1) There is created a public transit block grant program 562
which shall be administered by the department. Block grant funds 563
shall only be provided to "Section 9" providers and "Section 18" 564
providers designated by the United States Department of 565
Transportation and community transportation coordinators as 566
defined in chapter 427. Eligible providers must establish public 567
transportation development plans consistent, to the maximum 568
extent feasible, with approved local government comprehensive 569
plans of the units of local government in which the provider is 570
located and the long-range transportation plans of the 571
metropolitan planning organization in which the provider is 572
located. In developing public transportation development plans, 573
eligible providers must solicit comments from local workforce 574
development boards established under chapter 445. The 575
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development plans must address how the public transit provider 576
will work with the appropriate local workforce development board 577
to provide services to participants in the welfare transition 578
program. Eligible providers must provide information to the 579
local workforce development board serving the county in which 580
the provider is located regarding the availability of 581
transportation services to assist program participants. 582
Section 14. Paragraph (a) of subsection (1) of section 583
341.061, Florida Statutes, is amended to read: 584
341.061 Transit safety standards; inspections and system 585
safety reviews.— 586
(1)(a) The department shall adopt by rule minimum safety 587
standards for governmentally owned fixed -guideway transportation 588
systems, and privately owned or operated fixed -guideway 589
transportation systems operating in this state which are 590
financed wholly or partly by state funds , and any governmentally 591
or privately owned fixed -guideway transportation systems 592
operating in this state which are located within an independent 593
special district created by local act which have boundaries 594
within two contiguous counties. Standards must be site -specific 595
for fixed-guideway transportation systems and shall be developed 596
jointly by the department and representatives of the affected 597
systems, giving full consideration to nationwide industry safety 598
norms relating to the development and operation of fixed -599
guideway transportation systems. The department shall conduct 600
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structural safety inspections in adherence with s. 335.074 for 601
any fixed-guideway transportation systems that are raised or 602
have bridges, as appropriate. Inspectors shall follow 603
departmental safety protocols during safety inspections, 604
including requiring the suspension of system service to ensure 605
the safety and welfare of inspectors and the traveling public 606
during such inspections. 607
Section 15. Subsecti ons (2) and (3) of section 341.071, 608
Florida Statutes, are amended to read: 609
341.071 Transit productivity and performance measures; 610
reports.— 611
(2) Each public transit provider shall establish 612
productivity and performance measures, which must be approved b y 613
the department and which must be selected from measures 614
developed pursuant to s. 341.041(3). Each provider shall, by 615
January 31 of each year, report to the department relative to 616
these measures. In approving these measures, the department 617
shall give consideration to the goals and objectives of each 618
system, the needs of the local area, and the role for public 619
transit in the local area. The report shall include the also 620
specifically address potential enhancements to productivity and 621
performance which would have the effect of increasing farebox 622
recovery ratio. 623
(3) Each public transit provider shall publish on its 624
website in the local newspaper of its area the productivity and 625
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performance measures established for the year and a report which 626
provides quantitative data relative to the attainment of 627
established productivity and performance measures. 628
Section 16. (1) Effective upon this act becoming a law, 629
the governance and control of the Santa Rosa Bay Bridge 630
Authority is transferred to the Department of Tr ansportation. 631
(2) The authority's bridge system transferred to the 632
department under the terms of the lease -purchase agreement 633
between the department and the authority, effective as of the 634
close of business on June 30, 2022. Any remaining assets, 635
facilities, tangible and intangible property, and any rights in 636
such property, and any other legal rights of the authority, are 637
transferred to the department. The department succeeds to all 638
powers of the authority. The department may review other 639
contracts, financial obligations, and contractual obligations 640
and liabilities of the authority and may assume legal liability 641
for such obligations that are determined by the department to be 642
necessary for the continued operation of the bridge system. 643
(3) The bridge syste m, or any portion thereof, may be 644
transferred by the department and become part of the turnpike 645
system under the Florida Turnpike Enterprise Law. 646
Section 17. Effective upon this act becoming a law, part 647
IV of chapter 348, Florida Statutes, consisting o f sections 648
348.965, 348.966, 348.967, 348.968, 348.969, 348.97, 348.971, 649
348.972, 348.973, 348.974, 348.9751, 348.9761, 348.9771, and 650
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348.9781, is repealed. 651
Section 18. Effective upon this act becoming a law, the 652
Greater Miami Expressway Agency created by chapter 2019-169, 653
Laws of Florida, is reestablished subject to the revised powers 654
and duties set forth herein. 655
Section 19. Effective upon this act becoming a law, 656
section 348.0301, Florida Statutes, is amended to read: 657
348.0301 Short title. —This part may be cited as the 658
"Greater Miami Expressway Agency Act of 2023." 659
Section 20. Effective upon this act becoming a law, 660
section 348.0302, Florida Statutes, is repealed. 661
Section 21. Effective upon this act becoming a law, 662
subsections (5) through (11) of section 348.0303, Florida 663
Statutes, are renumbered as subsections (4) through (10), 664
respectively, present subsections (4) and (9) are amended, and a 665
new subsection (11) is added to that section, to read: 666
348.0303 Definitions.—As used in the this part, the term: 667
(4) "County" means a county as defined in s. 125.011(1). 668
(8)(9) "Expressway system" means any and all expressways 669
not owned by the department which fall within the geographic 670
boundaries of the agency established pursuant to this act and 671
appurtenant facilities thereto, including but not limited to, 672
all approaches, roads, bridges, and avenues of access for such 673
expressway. The term includes a public transportation facility. 674
(11) "Miami-Dade County Expressway Autho rity" means the 675
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state agency previously existing and originally established 676
under the Florida Expressway Authority Act and subsequently 677
dissolved by the Greater Miami Expressway Agency Act. 678
Section 22. Effective upon this act becoming a law, 679
section 348.03031, Florida Statutes, is created to read: 680
348.03031 Legislative findings, intent, and declaration. — 681
(1) The Legislature finds the need to clarify the legal 682
status, ownership, and control of the roads that constitute the 683
expressway system in Miami -Dade County and portions of northeast 684
Monroe County, following Miami -Dade County's attempt to abolish 685
the Greater Miami Expressway Agency in Miami -Dade Ordinance 21- 686
35 (May 4, 2021). 687
(2) The Legislature recognizes that the original 688
expressway system pre viously operated by the former Miami -Dade 689
County Expressway Authority is owned by the department. The 690
transfer agreement dated December 10, 1996, entered into by the 691
department and the former Miami -Dade County Expressway 692
Authority, transferred only operati onal and financial control of 693
the expressways owned by the department. 694
(3) The Legislature recognizes the Miami -Dade County 695
Expressway Authority was dissolved by chapter 2019 -169, Laws of 696
Florida, and all assets, employees, contracts, rights, and 697
liabilities were purportedly transferred to the Greater Miami 698
Expressway Agency. All assets, employees, contracts, rights, and 699
liabilities previously owned or controlled by the former Miami -700
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Dade County Expressway Authority, including, without limitation, 701
those previously transferred to the Greater Miami Expressway 702
Agency, are transferred back to the reestablished Greater Miami 703
Expressway Agency created in s. 348.0304 on the effective date 704
of this act. 705
(4) It is the intent of the Legislature to confirm that 706
the Greater Miami Expressway Agency that was created by chapter 707
2019-169, Laws of Florida, is hereby reestablished. The Greater 708
Miami Expressway Agency is the state agency that shall govern 709
the expressway system within the geographical boundaries of 710
Miami-Dade County and the portion of northeast Monroe County 711
which includes County Road 94 and the portion of Monroe County 712
bounded on the north and east by the borders of Monroe County 713
and on the south and west by County Road 94. It is further the 714
express intent of the Legislature that the Greater Miami 715
Expressway Agency created by this law is an agency of the state 716
and not subject to any county's home rule powers. 717
Section 23. Effective upon this act becoming a law, 718
subsections (1) through (5) of section 348.030 4, Florida 719
Statutes, are redesignated as subsections (2) through (6), 720
respectively, a new subsection (1) is added to that section, and 721
present subsections (1) and (2) of that section are amended, to 722
read: 723
348.0304 Greater Miami Expressway Agency. — 724
(1) It is the intent of the Legislature that the Greater 725
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Miami Expressway Agency prioritizes the best interests of the 726
toll payers of South Florida. 727
(2)(1) There is hereby created and established a body 728
politic and corporate, an agency of the state, to be kn own as 729
the "Greater Miami Expressway Agency." The agency shall serve 730
the area within the geographical boundaries of Miami -Dade County 731
and the portion of northeast Monroe County including County Road 732
94 and the portion of Monroe County bounded on the north and 733
east by the borders of Monroe County and on the south and west 734
by County Road 94. 735
(3)(a)(2)(a) The governing body of the agency shall 736
consist of nine voting members. Except for the district 737
secretary of the department, each member must be a permanent 738
resident of a the county served by the agency and may not hold, 739
or have held in the previous 2 years, elected or appointed 740
office in such the county, except that this paragraph does not 741
apply to any initial appointment under paragraph (b) or to any 742
member who previously served on the governing body of the former 743
Greater Miami Expressway Agency . Each member may only serve two 744
terms of 4 years each , except that there is no restriction on 745
the term of the department's district secretary . Four members, 746
each of whom must be a permanent resident of Miami -Dade County, 747
shall be appointed by the Governor, subject to confirmation by 748
the Senate at the next regular session of the Legislature. 749
Refusal or failure of the Senate to confirm an appointment shall 750
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create a vacancy one of whom must be a member of the 751
metropolitan planning organization for the County . Appointments 752
made by the Governor and board of county commissioners of Miami -753
Dade County shall reflect the state's interests in the 754
transportation sector and represe nt the intent, duties, and 755
purpose of the Greater Miami Expressway Agency, and have at 756
least 3 years of professional experience in one or more of the 757
following areas: finance; land use planning; tolling industry; 758
or transportation engineering. 759
Two members, who must be residents of an unincorporated portion 760
of the geographic area described in subsection (1) and residing 761
within 15 miles of an area with the highest amount of agency 762
toll roads, shall be appointed by the board of county 763
commissioners of Miami -Dade County residing within 15 miles of 764
an area with the highest amount of agency toll roads, shall be 765
appointed by the board of county commissioners of the county . 766
Two members, who must be residents of incorporated 767
municipalities within a county served by t he agency, shall be 768
appointed by the metropolitan planning organization for a county 769
served by the agency the county, shall be appointed by the 770
metropolitan planning organization for the county . The district 771
secretary of the department serving in the distr ict that 772
contains Miami-Dade the County shall serve as an ex officio 773
voting member of the governing body. 774
(b) Initial appointments to the governing body of the 775
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agency shall be made by July 31, 2019. For the initial 776
appointments: 777
1. The Governor shall appoint one member for a term of 1 778
year, one member for a term of 2 years, one member for a term of 779
3 years, and one member for a term of 4 years. 780
2. The board of county commissioners of Miami-Dade County 781
shall appoint one member f or a term of 1 year and one member for 782
a term of 3 years. 783
3. The metropolitan planning organization of Miami-Dade 784
County shall appoint one member for a term of 2 years and one 785
member for a term of 4 years. 786
Section 24. Effective upon this act becoming a law, 787
paragraph (b) of subsection (1), paragraph (f) of subsection 788
(2), and subsections (6) and (8) of section 348.0306, Florida 789
Statutes, are amended to read: 790
348.0306 Purposes and powers. — 791
(1) 792
(b) The agency, in the construction of an expressway 793
system, may shall construct expressways. Construction of an 794
expressway system may be completed in segments, phases, or 795
stages in a manner that will permit the expansion of these 796
segments, phases, or stages to the desired expressway 797
configuration. The agency , in the construction of an expressway 798
system, may construct any extensions of, additions to, or 799
improvements to the expressway system or appurtenant facilities, 800
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including all necessary approaches, roads, bridges, and avenues 801
of access, with such changes, modifications, or revisions of the 802
project that are deemed desirable and proper. For new capacity 803
projects, the agency shall use the department's design standards 804
and, to the maximum extent practicable, design facilities such 805
as the department would for hi gh-speed limited access 806
facilities. The agency may only add additional expressways to an 807
expressway system, under the terms and conditions set forth in 808
this act, with the prior express written consent of the board of 809
county commissioners of Miami-Dade the County or Monroe County, 810
as applicable, and only if such additional expressways lack 811
adequate committed funding for implementation, are financially 812
feasible, and are compatible with the existing plans, projects, 813
and programs of the agency. 814
(2) The agency may exercise all powers necessary, 815
appurtenant, convenient, or incidental to the carrying out of 816
its purposes, including, but not limited to, the following 817
rights and powers: 818
(f) To borrow money, make and issue negotiable notes, 819
bonds, refund bonds, an d other evidence of indebtedness of the 820
agency, which bonds or other evidence of indebtedness may be 821
issued pursuant to the State Bond Act or, in the alternative, 822
pursuant to s. 348.0309(2) to finance or refinance additions, 823
extensions, or improvements to the expressway system within the 824
geographic boundaries of the agency, and to provide for the 825
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security of the bonds or other evidence of indebtedness and the 826
rights and remedies of the holders of the bonds or other 827
evidence of indebtedness. Any bonds or oth er evidence of 828
indebtedness pledging the full faith and credit of the state may 829
only be issued pursuant to the State Bond Act. 830
1. The agency shall reimburse the counties county in which 831
it exists for any sums expended from any county gasoline tax 832
funds used for payment of such obligations. Any county gasoline 833
tax funds so disbursed shall be repaid in accordance with the 834
terms of any lease-purchase or interlocal agreement with any 835
county or the department together with interest, at the rate 836
agreed to in such agreement. In no event shall any county 837
gasoline tax funds be more than a secondary pledge of revenues 838
for repayment of any obligations issued pursuant to this part. 839
2. The agency may refund any bonds previously issued, to 840
the extent allowable by fede ral tax laws, to finance or 841
refinance an expressway system located within the geographic 842
boundaries of the agency regardless of whether the bonds being 843
refunded were issued by such agency, an agency of the state, or 844
a county. 845
(6) Notwithstanding subsecti on (3) or any other provision 846
of law to the contrary, the agency may not undertake any 847
construction that is not consistent with both the metropolitan 848
planning organization's transportation improvement program and 849
the county's comprehensive plan in an area served by the agency . 850
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(8) The governing body of a the county served by the 851
agency may enter into an interlocal agreement with the agency 852
pursuant to s. 163.01 for the joint performance or performance 853
by either governmental entity of any corporate functio n of the 854
county or agency necessary or appropriate to enable the agency 855
to fulfill the powers and purposes of this part and promote the 856
efficient and effective transportation of persons and goods in 857
such county. 858
Section 25. Effective upon this act beco ming a law, 859
paragraph (c) of subsection (2) of section 348.0309, Florida 860
Statutes, is amended to read: 861
348.0309 Bonds.— 862
(2) 863
(c) Such bonds shall be sold by the agency at public sale 864
by competitive bid. However, if the agency, after receipt of a 865
written recommendation from a financial adviser, determines by 866
official action after public hearing by a two -thirds vote of all 867
voting members of the agency that a negotiated sale of the bonds 868
is in the best interest of the agency, the agency may negotiate 869
for sale of the bonds with the underwriter or underwriters 870
designated by the agency and the counties county in which the 871
agency exists. The agency shall provide specific findings in a 872
resolution as to the reasons requiring the negotiated sale, 873
which resolution shall incorporate and have attached thereto the 874
written recommendation of the financial adviser required by this 875
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subsection. 876
Section 26. Effective upon this act becoming a law, 877
subsection (2) of section 348.0315, Florida Statutes, is amended 878
to read: 879
348.0315 Public accountability. — 880
(2) Beginning October 1, 2024 2020, and annually 881
thereafter, the agency shall submit to the metropolitan planning 882
organization for each the county served by the agency a report 883
providing information regarding the amount of tolls collected 884
and how those tolls were used in the agency's previous fiscal 885
year. The report shall be posted on the agency's website. 886
Section 27. Effective upon this act becoming a law, 887
subsection (1) of section 348.0318, Florida Statutes, is amen ded 888
to read: 889
348.0318 This part complete and additional authority. — 890
(1) The powers conferred by this part are in addition and 891
supplemental to the existing powers of the department and the 892
governing body of the agency, and this part may not be construed 893
as repealing any of the provisions of any other law, general, 894
special, or local, but to supersede such other laws in the 895
exercise of the powers provided in this part and to provide a 896
complete method for the exercise of the powers granted in this 897
part. The extension and improvement of the expressway system, 898
and the issuance of bonds pursuant to this part to finance all 899
or part of the cost of the system, may be accomplished upon 900
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compliance with the provisions of this part without regard to or 901
necessity for compliance with the provisions, limitations, or 902
restrictions contained in any other general, special, or local 903
law, including, but not limited to, s. 215.821, and no approval 904
of any bonds issued under this part by the qualified electors or 905
qualified electors who are freeholders in the state or in Miami -906
Dade County, in Monroe County, or in any other political 907
subdivision of the state, is required for the issuance of such 908
bonds pursuant to this part, including, but not limited to, s. 909
215.821. 910
Section 28. Effective upon this act becoming a law, 911
subsection (5) is added to section 189.072, Florida Statutes, to 912
read: 913
189.072 Dissolution of an independent special district. —914
(5) The provisions of this section do not apply to any 915
entity created pursuant to the Florida Expressway Authority Act, 916
derived from chapter 90 -136, Laws of Florida, and subsequently 917
repealed by chapter 2019 -169, Laws of Florida. 918
Section 29. The Division of Law Revision is directed to 919
replace the phrase "the effective date of this act" wherever it 920
occurs in this act with the date this act becomes a law. 921
Section 30. Except as otherwise expressly provided in this 922
act and except for this section, which shall take effect upon 923
this act becoming a law, this act shall take effect July 1, 924
2023. 925