FL
Florida House Bill H1305

Florida 2023 Regular Session

Florida House Bill H1305 Compare Versions

OldNewDifferences
11
2-ENROLLED
3-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
2+
3+CS/CS/CS/HB 1305, Engrossed 1 2023
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
8-hb1305-06-er
9-Page 1 of 37
8+hb1305-04-e1
9+Page 1 of 36
1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1111
1212
1313
14- 1
14+A bill to be entitled 1
1515 An act relating to the Department of Transportation; 2
1616 amending s. 206.46, F.S.; increasing the maximum 3
1717 amount of debt service coverage that may be 4
1818 transferred from the State Transportation Trust Fund 5
1919 to the Right-of-Way Acquisition and Bridge 6
2020 Construction Trust Fund; amending s. 215.616, F.S., 7
2121 increasing the maximum term of state bonds for federal 8
2222 aid highway construction; amending s. 288.9606, F.S.; 9
2323 authorizing Florida Development Finance Corporation 10
2424 revenue bonds to finance acquisition or construction 11
2525 of certain transportation facilities; amending s. 12
2626 311.101, F.S.; authorizing the department to provide 13
2727 up to 100 percent of project costs for certain 14
2828 eligible projects in rural areas of opportunity; 15
2929 amending s. 316.0777, F.S.; defining the term "law 16
3030 enforcement agency"; authorizing installation of an 17
3131 automated license plate recognition system within the 18
3232 right-of-way of a road on the State Highway System for 19
3333 a specified purpose; prohibiting use of such system 20
3434 for certain purposes; requiring such installation to 21
3535 be in accordance with placement and installation 22
3636 guidelines developed by the department; requiring 23
3737 removal of such system within a specified timeframe 24
3838 upon notification by the department; exempting the 25
39-ENROLLED
40-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
39+
40+CS/CS/CS/HB 1305, Engrossed 1 2023
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
45-hb1305-06-er
46-Page 2 of 37
45+hb1305-04-e1
46+Page 2 of 36
4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
4848
4949
5050
5151 department from liability for damages resulting from 26
5252 operation of such system; providing for a maximum 27
5353 period of retention of certain records generated 28
5454 through the use of such system; amending s. 330.27, 29
5555 F.S.; revising the definition of the term "temporary 30
5656 airport"; amending s. 330.30, F.S.; requiring certain 31
5757 documentation to be submitted to the Department of 32
5858 Transportation for temporary airport site approval and 33
5959 temporary airport registration; requiring a temporary 34
6060 airport to obtain registration before operation of 35
6161 aircraft to or from the airport; prohibiting the 36
6262 department from requiring that an applicant for 37
6363 airport site approval provide a written memorandum of 38
6464 understanding or letter of agreement with other 39
6565 airport sites except under specified circumstances; 40
6666 requiring the department to publish certain notic e of 41
6767 receipt of a temporary airport registration 42
6868 application; specifying the period during which such 43
6969 application may be approved or denied; requiring the 44
7070 department to issue registration concurrent with site 45
7171 approval; providing that certain registrations are 46
7272 considered approved under specified conditions; 47
7373 requiring written notice to the department's agency 48
7474 clerk before an applicant takes action based on such 49
7575 default registration; removing a condition for 50
76-ENROLLED
77-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
76+
77+CS/CS/CS/HB 1305, Engrossed 1 2023
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
82-hb1305-06-er
83-Page 3 of 37
82+hb1305-04-e1
83+Page 3 of 36
8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
8585
8686
8787
8888 licensure or registration as a temporary airport; 51
8989 prohibiting approval of subsequent registration 52
9090 applications under certain circumstances; revising an 53
9191 exemption from certain provisions for an airport used 54
9292 for aerial application or spraying of crops; amending 55
9393 s. 332.007, F.S.; authorizing the department, su bject 56
9494 to the availability of appropriated funds, to fund up 57
9595 to 100 percent of eligible project costs of certain 58
9696 projects at specified publicly owned, publicly 59
9797 operated airports with no scheduled commercial 60
9898 service; providing prioritization criteria; provid ing 61
9999 for allocation of any remaining funds; amending s. 62
100100 334.044, F.S.; authorizing the department to purchase 63
101101 certain promotional items; authorizing the department 64
102102 to expend funds for certain training, testing, and 65
103103 licensing; amending s. 337.025, F.S.; revi sing the 66
104104 annual cap for contracts awarded for specified 67
105105 purposes; deleting the exemption from such cap for 68
106106 low-bid design-build milling and resurfacing 69
107107 contracts; amending s. 337.11, F.S.; revising the 70
108108 amount of construction and maintenance contracts the 71
109109 department may enter into without advertising and 72
110110 receiving competitive bids; revising requirements for 73
111111 design-build contracts; authorizing the department to 74
112112 enter into phased design -build contracts under certain 75
113-ENROLLED
114-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
113+
114+CS/CS/CS/HB 1305, Engrossed 1 2023
115115
116116
117117
118118 CODING: Words stricken are deletions; words underlined are additions.
119-hb1305-06-er
120-Page 4 of 37
119+hb1305-04-e1
120+Page 4 of 36
121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122122
123123
124124
125125 circumstances; providing requirements for ph ased 76
126126 design-build contracts; requiring the department to 77
127127 adopt rules for administering phased design -build 78
128128 contracts; amending s. 339.175, F.S.; abolishing the 79
129129 Chairs Coordinating Committee; requiring metropolitan 80
130130 planning organizations serving specified c ounties to 81
131131 submit a certain feasibility report by a specified 82
132132 date, with certain goals; amending s. 341.052, F.S.; 83
133133 requiring public transit block grant program providers 84
134134 to establish plans consistent with certain long -range 85
135-transportation plans; amending s. 341.061, F.S.; 86
136-requiring the department to adopt by rule minimum 87
137-safety standards for certain fixed -guideway 88
138-transportation systems; requiring t he department to 89
139-conduct certain structural inspections and follow 90
140-certain safety protocols during such inspections; 91
141-amending s. 341.071, F.S.; revising requirements for 92
142-public transit provider reports and publication 93
143-thereof; transferring control of the S anta Rosa Bay 94
144-Bridge Authority to the department; transferring all 95
145-remaining assets, rights, powers, and duties of the 96
146-authority to the department; authorizing the 97
147-department to transfer all or a portion of the bridge 98
148-system to the turnpike system; repeali ng part IV of 99
149-ch. 348, F.S., relating to the creation and operation 100
150-ENROLLED
151-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
135+transportation plans; amending s . 341.071, F.S.; 86
136+revising requirements for public transit provider 87
137+reports and publication thereof; transferring control 88
138+of the Santa Rosa Bay Bridge Authority to the 89
139+department; transferring all remaining assets, rights, 90
140+powers, and duties of the authorit y to the department; 91
141+authorizing the department to transfer all or a 92
142+portion of the bridge system to the turnpike system; 93
143+repealing part IV of ch. 348, F.S., relating to the 94
144+creation and operation of the Santa Rosa Bay Bridge 95
145+Authority; reestablishing the Greater Miami Expressway 96
146+Agency; amending s. 348.0301, F.S.; revising a short 97
147+title; repealing s. 348.0302, F.S., relating to 98
148+applicability; amending s. 348.0303, F.S.; deleting 99
149+the term "county"; revising the definition of the term 100
150+
151+CS/CS/CS/HB 1305, Engrossed 1 2023
152152
153153
154154
155155 CODING: Words stricken are deletions; words underlined are additions.
156-hb1305-06-er
157-Page 5 of 37
156+hb1305-04-e1
157+Page 5 of 36
158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159159
160160
161161
162-of the Santa Rosa Bay Bridge Authority; reestablishing 101
163-the Greater Miami Expressway Agency; amending s. 102
164-348.0301, F.S.; revising a short title; repealing s. 103
165-348.0302, F.S., relating to app licability; amending s. 104
166-348.0303, F.S.; deleting the term "county"; revising 105
167-the definition of the term "expressway system"; 106
168-defining the term "Miami -Dade County Expressway 107
169-Authority"; creating s. 348.03031, F.S.; providing 108
170-legislative findings and intent; amending s. 348.0304, 109
171-F.S.; providing legislative intent; revising the area 110
172-served by the agency to include specified portions of 111
173-Monroe County; revising requirements for membership of 112
174-the agency's governing body; revising requirements for 113
175-initial appointments; amending s. 348.0306, F.S.; 114
176-authorizing, rather than requiring, the agency to 115
177-construct expressways; conforming provisions to 116
178-changes made by the act; amending s. 348.0309, F.S.; 117
179-conforming a provision to changes made by the act; 118
180-amending s. 348.0315, F.S.; revising the date by 119
181-which, and the entities to which, the agency must 120
182-begin submitting certain annual reports relating to 121
183-tolls; amending s. 348.0318, F.S.; conforming a 122
184-provision to changes made by the act; amending s. 123
185-189.072, F.S.; providing a pplicability; providing a 124
186-directive to the Division of Law Revision; providing 125
187-ENROLLED
188-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
162+"expressway system"; de fining the term "Miami -Dade 101
163+County Expressway Authority"; creating s. 348.03031, 102
164+F.S.; providing legislative findings and intent; 103
165+amending s. 348.0304, F.S.; revising the area served 104
166+by the agency to include specified portions of Monroe 105
167+County; revising requirements for membership of the 106
168+agency's governing body; revising requirements for 107
169+initial appointments; amending s. 348.0306, F.S.; 108
170+authorizing, rather than requiring, the agency to 109
171+construct expressways; conforming provisions to 110
172+changes made by the act; amending s. 348.0309, F.S.; 111
173+conforming a provision to changes made by the act; 112
174+amending s. 348.0315, F.S.; revising the date by 113
175+which, and the entities to which, the agency must 114
176+begin submitting certain annual reports relating to 115
177+tolls; amending s. 348.03 18, F.S.; conforming a 116
178+provision to changes made by the act; amending s. 117
179+189.072, F.S.; providing applicability; providing a 118
180+directive to the Division of Law Revision; providing 119
181+an effective date. 120
182+ 121
183+Be It Enacted by the Legislature of the State of Flori da: 122
184+ 123
185+ Section 1. Subsection (2) of section 206.46, Florida 124
186+Statutes, is amended to read: 125
187+
188+CS/CS/CS/HB 1305, Engrossed 1 2023
189189
190190
191191
192192 CODING: Words stricken are deletions; words underlined are additions.
193-hb1305-06-er
194-Page 6 of 37
193+hb1305-04-e1
194+Page 6 of 36
195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
196196
197197
198198
199-an effective date. 126
200- 127
201-Be It Enacted by the Legislature of the State of Florida: 128
202- 129
203- Section 1. Subsection (2) of section 206.46, Florida 130
204-Statutes, is amended to read: 131
205- 206.46 State Transportation Trust Fund. — 132
206- (2) Notwithstanding any other law, from the revenues 133
207-deposited into the State Transportation Trust Fund a maximum of 134
208-7 percent in each fiscal year shall be transferred into the 135
209-Right-of-Way Acquisition and Bridge Const ruction Trust Fund 136
210-created in s. 215.605, as needed to meet the requirements of the 137
211-documents authorizing the bonds issued or proposed to be issued 138
212-under ss. 215.605 and 337.276 or at a minimum amount sufficient 139
213-to pay for the debt service coverage require ments of outstanding 140
214-bonds. Notwithstanding the 7 percent annual transfer authorized 141
215-in this subsection, the annual amount transferred under this 142
216-subsection may not exceed an amount necessary to provide the 143
217-required debt service coverage levels for a maxim um debt service 144
218-not to exceed $425 $350 million. Such transfer shall be payable 145
219-primarily from the motor and diesel fuel taxes transferred to 146
220-the State Transportation Trust Fund from the Fuel Tax Collection 147
221-Trust Fund. 148
222- Section 2. Subsection (3) of sect ion 215.616, Florida 149
223-Statutes, is amended to read: 150
224-ENROLLED
225-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
199+ 206.46 State Transportation Trust Fund. — 126
200+ (2) Notwithstanding any other law, from the revenues 127
201+deposited into the State Transportation Trust Fund a maximum of 128
202+7 percent in each fiscal year shall be transferred into the 129
203+Right-of-Way Acquisition and Bridge Construction Trust Fund 130
204+created in s. 215.605, as needed to meet the requirements of the 131
205+documents authorizing the bonds issued or proposed to be issued 132
206+under ss. 215.605 and 337.276 or at a minimum amount sufficient 133
207+to pay for the debt service coverage requirements of outstanding 134
208+bonds. Notwithstanding the 7 percent annual transfer authorized 135
209+in this subsection, the annual amount transferred under this 136
210+subsection may not exceed an amount necessary to provide the 137
211+required debt service coverage levels for a maximum debt service 138
212+not to exceed $425 $350 million. Such transfer shall be payable 139
213+primarily from the motor and diesel fuel taxes transferred to 140
214+the State Transportation Trust Fund from the Fuel Tax Collection 141
215+Trust Fund. 142
216+ Section 2. Subsection (3) of section 215.616, Florida 143
217+Statutes, is amended to read: 144
218+ 215.616 State bonds for federal aid highway construction. — 145
219+ (3) The term of the bonds may shall not exceed a term of 146
220+18 12 years. Before Prior to the issuance of bonds, the 147
221+Department of Transportation must shall determine that annual 148
222+debt service on all bonds issued pursuant to this section does 149
223+not exceed 10 percent of annual apportionments to the departm ent 150
224+
225+CS/CS/CS/HB 1305, Engrossed 1 2023
226226
227227
228228
229229 CODING: Words stricken are deletions; words underlined are additions.
230-hb1305-06-er
231-Page 7 of 37
230+hb1305-04-e1
231+Page 7 of 36
232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
233233
234234
235235
236- 215.616 State bonds for federal aid highway construction. — 151
237- (3) The term of the bonds may shall not exceed a term of 152
238-18 12 years. Before Prior to the issuance of bonds, the 153
239-Department of Transportation must shall determine that annual 154
240-debt service on all bonds issued pursuant to this section does 155
241-not exceed 10 percent of annual apportionments to the department 156
242-for federal highway aid in accordance with the provisions of 157
243-Title 23 of the United States Code . 158
244- Section 3. Subsection (6) of section 288.9606, Florida 159
245-Statutes, is amended, and paragraph (d) is added to subsection 160
246-(7) of that section, to read: 161
247- 288.9606 Issue of revenue bonds. — 162
248- (6) The proceeds of any bonds of the corporation may not 163
249-be used, in any manner, to acquire any building or facility that 164
250-will be, during the pendency of the financing, used by, occupied 165
251-by, leased to, or paid for by any state, county, or municipal 166
252-agency or entity. This subsection does not prohibit the use of 167
253-proceeds of bonds of the corporation for the purpose of 168
254-financing the acquisition or construction of a transportation 169
255-facility under a public -private partnership agreement authorized 170
256-by s. 334.30. 171
257- (7) Notwithstanding any provision of this section, the 172
258-corporation in its corporate capacity may, without authorization 173
259-from a public agency under s. 163.01(7), issue revenue bonds or 174
260-other evidence of indebtedness under this section to: 175
261-ENROLLED
262-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
236+for federal highway aid in accordance with the provisions of 151
237+Title 23 of the United States Code. 152
238+ Section 3. Subsection (6) of section 288.9606, Florida 153
239+Statutes, is amended, and paragraph (d) is added to subsection 154
240+(7) of that section, to read: 155
241+ 288.9606 Issue of revenue bonds. — 156
242+ (6) The proceeds of any bonds of the corporation may not 157
243+be used, in any manner, to acquire any building or facility that 158
244+will be, during the pendency of the financing, used by, occupied 159
245+by, leased to, or paid for by any state, county, or municipal 160
246+agency or entity. This subsection does not prohibit the use of 161
247+proceeds of bonds of the corporation for the purpose of 162
248+financing the acquisition or construction of a transportation 163
249+facility under a public -private partnership agr eement authorized 164
250+by s. 334.30. 165
251+ (7) Notwithstanding any provision of this section, the 166
252+corporation in its corporate capacity may, without authorization 167
253+from a public agency under s. 163.01(7), issue revenue bonds or 168
254+other evidence of indebtedness under t his section to: 169
255+ (d) Finance the costs of acquisition or construction of a 170
256+transportation facility by a private entity or consortium of 171
257+private entities under a public -private partnership agreement 172
258+authorized by s. 334.30. 173
259+ Section 4. Subsection (6) of section 311.101, Florida 174
260+Statutes, is amended to read: 175
261+
262+CS/CS/CS/HB 1305, Engrossed 1 2023
263263
264264
265265
266266 CODING: Words stricken are deletions; words underlined are additions.
267-hb1305-06-er
268-Page 8 of 37
267+hb1305-04-e1
268+Page 8 of 36
269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270270
271271
272272
273- (d) Finance the costs of acquisition or construction of a 176
274-transportation facility by a private entity or consortium of 177
275-private entities under a public -private partnership agreement 178
276-authorized by s. 334.30. 179
277- Section 4. Subsection (6) of section 311.101, Florida 180
278-Statutes, is amended to read: 181
279- 311.101 Intermodal Logistics Center Infrastructure Support 182
280-Program.— 183
281- (6) The department shall provide up to 50 percent of 184
282-project costs for eligible projects. For eligible projects in 185
283-rural areas of opportunity designated in accordance with s. 186
284-288.0656(7)(a), the department may provide up to 100 percent of 187
285-project costs. 188
286- Section 5. Subsections (2), (3), and (4) of section 189
287-316.0777, Florida Statutes, are renumbered as subsections (3), 190
288-(4), and (5), respectively, and a new subsection (2) is added to 191
289-that section to read: 192
290- 316.0777 Automated license plate recognition systems; 193
291-installation within rights -of-way of State Highway System; 194
292-public records exemption. — 195
293- (2)(a) As used in this subsection, the term "law 196
294-enforcement agency" means an agency that ha s a primary mission 197
295-of preventing and detecting crime and enforcing state penal, 198
296-criminal, traffic, and motor vehicle laws and, in furtherance of 199
297-that mission, employs law enforcement officers as defined in s. 200
298-ENROLLED
299-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
273+ 311.101 Intermodal Logistics Center Infrastructure Support 176
274+Program.— 177
275+ (6) The department shall provide up to 50 percent of 178
276+project costs for eligible projects. For eligible projects in 179
277+rural areas of opportunity designated in accordance with s. 180
278+288.0656(7)(a), the department may provide up to 100 percent of 181
279+project costs. 182
280+ Section 5. Subsections (2), (3), and (4) of section 183
281+316.0777, Florida Statutes, are renumbered as subsections (3), 184
282+(4), and (5), respectively, and a new subsection (2) is added to 185
283+that section to read: 186
284+ 316.0777 Automated license plate recognition systems; 187
285+installation within rights -of-way of State Highway System; 188
286+public records exemption. — 189
287+ (2)(a) As used in this subsection, the term "law 190
288+enforcement agency" means an agency that has a primary mission 191
289+of preventing and detecting crime and enforcing state penal, 192
290+criminal, traffic, and motor vehicle laws and, in furtherance of 193
291+that mission, employs law enforcement officers as def ined in s. 194
292+943.10(1). 195
293+ (b) At the discretion of the Department of Transportation, 196
294+an automated license plate recognition system may be installed 197
295+within the right-of-way, as defined in s. 334.03(21), of a road 198
296+on the State Highway System when installed at the request of a 199
297+law enforcement agency for the purpose of collecting active 200
298+
299+CS/CS/CS/HB 1305, Engrossed 1 2023
300300
301301
302302
303303 CODING: Words stricken are deletions; words underlined are additions.
304-hb1305-06-er
305-Page 9 of 37
304+hb1305-04-e1
305+Page 9 of 36
306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
307307
308308
309309
310-943.10(1). 201
311- (b) At the discretion of the Depa rtment of Transportation, 202
312-an automated license plate recognition system may be installed 203
313-within the right-of-way, as defined in s. 334.03(21), of a road 204
314-on the State Highway System when installed at the request of a 205
315-law enforcement agency for the purpose o f collecting active 206
316-criminal intelligence information or active criminal 207
317-investigative information as defined in s. 119.011(3). An 208
318-automated license plate recognition system may not be used to 209
319-issue a notice of violation for a traffic infraction or a 210
320-uniform traffic citation. Such installation must be in 211
321-accordance with placement and installation guidelines developed 212
322-by the Department of Transportation. An automated license plate 213
323-recognition system must be removed within 30 days after the 214
324-Department of Transportation notifies the requesting law 215
325-enforcement agency that such removal must occur. 216
326- (c) Installation and removal of an automated license plate 217
327-recognition system are at the sole expense of the requesting law 218
328-enforcement agency. The Department of Tran sportation is not 219
329-liable for any damages caused to any person by the requesting 220
330-law enforcement agency's operation of such system. 221
331- (d) Records containing images and data generated through 222
332-the use of an automated license plate recognition system may not 223
333-be retained longer than the maximum period provided in the 224
334-retention schedule established pursuant to s. 316.0778. 225
335-ENROLLED
336-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
310+criminal intelligence information or active criminal 201
311+investigative information as defined in s. 119.011(3). An 202
312+automated license plate recognition system may not be used to 203
313+issue a notice of violation for a traffic infraction or a 204
314+uniform traffic citation. Such installation must be in 205
315+accordance with placement and installation guidelines developed 206
316+by the Department of Transportation. An automated license plate 207
317+recognition system mu st be removed within 30 days after the 208
318+Department of Transportation notifies the requesting law 209
319+enforcement agency that such removal must occur. 210
320+ (c) Installation and removal of an automated license plate 211
321+recognition system are at the sole expense of the requesting law 212
322+enforcement agency. The Department of Transportation is not 213
323+liable for any damages caused to any person by the requesting 214
324+law enforcement agency's operation of such system. 215
325+ (d) Records containing images and data generated through 216
326+the use of an automated license plate recognition system may not 217
327+be retained longer than the maximum period provided in the 218
328+retention schedule established pursuant to s. 316.0778. 219
329+ Section 6. Subsection (7) of section 330.27, Florida 220
330+Statutes, is amended to read : 221
331+ 330.27 Definitions, when used in ss. 330.29 -330.39.— 222
332+ (7) "Temporary airport" means an any airport at which 223
333+flight operations are conducted under visual flight rules 224
334+established by the Federal Aviation Administration and which is 225
335+
336+CS/CS/CS/HB 1305, Engrossed 1 2023
337337
338338
339339
340340 CODING: Words stricken are deletions; words underlined are additions.
341-hb1305-06-er
342-Page 10 of 37
341+hb1305-04-e1
342+Page 10 of 36
343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
344344
345345
346346
347- Section 6. Subsection (7) of section 330.27, Florida 226
348-Statutes, is amended to read: 227
349- 330.27 Definitions, when used in ss. 330.29 -330.39.— 228
350- (7) "Temporary airport" means an any airport at which 229
351-flight operations are conducted under visual flight rules 230
352-established by the Federal Aviation Administration and which is 231
353-that will be used for a period of less than 30 consecutive days 232
354-with no more than 10 operations per day. 233
355- Section 7. Subsection (1), paragraphs (a) and (c) of 234
356-subsection (2), and paragraph (e) of subsection (3) of section 235
357-330.30, Florida Statutes, are amended to read: 236
358- 330.30 Approval of airport sites; registration and 237
359-licensure of airports.— 238
360- (1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD, 239
361-REVOCATION.— 240
362- (a) Except as provided in subsection (3), the owner or 241
363-lessee of a any proposed airport shall, before prior to site 242
364-acquisition or construction or establishment of the prop osed 243
365-airport, obtain approval of the airport site from the 244
366-department. Applications for approval of a site shall be made in 245
367-a form and manner prescribed by the department. The department 246
368-shall grant the site approval if it is satisfied: 247
369- 1. That the site has adequate area allocated for the 248
370-airport as proposed. 249
371- 2. That the proposed airport will conform to licensing or 250
372-ENROLLED
373-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
347+that will be used for a period of less than 30 consecutive days 226
348+with no more than 10 operations per day. 227
349+ Section 7. Subsection (1), paragraphs (a) and (c) of 228
350+subsection (2), and paragraph (e) of subsection (3) of section 229
351+330.30, Florida Statutes, are amended to read: 230
352+ 330.30 Approval of airport sites; registration and 231
353+licensure of airports. — 232
354+ (1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD, 233
355+REVOCATION.— 234
356+ (a) Except as provided in subsection (3), the owner or 235
357+lessee of a any proposed airport shall, before prior to site 236
358+acquisition or construction or establishment of the proposed 237
359+airport, obtain approval of the airport site from the 238
360+department. Applications for approval of a site shall be made in 239
361+a form and manner prescribed by the department. The department 240
362+shall grant the site approval if it is satisfied: 241
363+ 1. That the site has adequate area allocated for the 242
364+airport as proposed. 243
365+ 2. That the proposed airport will conform to licensing or 244
366+registration requirements and will comply with the applicable 245
367+local government lan d development regulations or zoning 246
368+requirements. 247
369+ 3. That all affected airports, local governments, and 248
370+property owners have been notified and any comments submitted by 249
371+them have been given adequate consideration. 250
372+
373+CS/CS/CS/HB 1305, Engrossed 1 2023
374374
375375
376376
377377 CODING: Words stricken are deletions; words underlined are additions.
378-hb1305-06-er
379-Page 11 of 37
378+hb1305-04-e1
379+Page 11 of 36
380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
381381
382382
383383
384-registration requirements and will comply with the applicable 251
385-local government land development regulations or zoning 252
386-requirements. 253
387- 3. That all affected airports, local governments, and 254
388-property owners have been notified and any comments submitted by 255
389-them have been given adequate consideration. 256
390- 4. That safe air-traffic patterns can be established for 257
391-the proposed airport with all existing airports and approved 258
392-airport sites in its vicinity. 259
393- (b) Site approval shall be granted for a public airport 260
394-airports only after a favorable department inspection of the 261
395-proposed site. 262
396- (c) Site approval shall be granted for a private airport 263
397-airports only after receipt of documentation in a form and 264
398-manner the department deems necessary to satisfy the conditions 265
399-in paragraph (a). 266
400- (d) Site approval shall be granted for a temporary airport 267
401-only after receipt of documentation in a form and manner the 268
402-department deems necessary to satisfy the conditions in 269
403-paragraph (a). Such documentation must be included with the 270
404-application for a temporary airport registration. 271
405- (e) For the purpose of granting site approval, the 272
406-department may not require an applican t to provide a written 273
407-memorandum of understanding or letter of agreement with other 274
408-airport sites regarding air traffic pattern separation 275
409-ENROLLED
410-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
384+ 4. That safe air-traffic patterns can be established for 251
385+the proposed airport with all existing airports and approved 252
386+airport sites in its vicinity. 253
387+ (b) Site approval shall be granted for a public airport 254
388+airports only after a favorable department inspection of the 255
389+proposed site. 256
390+ (c) Site approval shall be granted for a private airport 257
391+airports only after receipt of documentation in a form and 258
392+manner the department deems necessary to satisfy the conditions 259
393+in paragraph (a). 260
394+ (d) Site approval shall be granted for a temporary airport 261
395+only after receipt of documentation in a form and manner the 262
396+department deems necessary to satisfy the conditions in 263
397+paragraph (a). Such documentation must be included with the 264
398+application for a temporary airport registration. 265
399+ (e) For the purpose of granting site approval, the 266
400+department may not require an applicant to provide a written 267
401+memorandum of understanding or letter of agreement with other 268
402+airport sites regarding air traffic pattern separation 269
403+procedures unless such memorandum or letter is required by the 270
404+Federal Aviation Administration or is deemed necessary by the 271
405+department. 272
406+ (f)(d) Site approval may be granted subject to any 273
407+reasonable conditions the department deems necessary to protect 274
408+the public health, safety, or welfare. 275
409+
410+CS/CS/CS/HB 1305, Engrossed 1 2023
411411
412412
413413
414414 CODING: Words stricken are deletions; words underlined are additions.
415-hb1305-06-er
416-Page 12 of 37
415+hb1305-04-e1
416+Page 12 of 36
417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
418418
419419
420420
421-procedures unless such memorandum or letter is required by the 276
422-Federal Aviation Administration or is deemed necessar y by the 277
423-department. 278
424- (f)(d) Site approval may be granted subject to any 279
425-reasonable conditions the department deems necessary to protect 280
426-the public health, safety, or welfare. 281
427- (g)(e) Approval as a public airport or a private airport 282
428-shall remain valid f or 2 years after the date of issue , unless 283
429-revoked by the department or unless a public airport license is 284
430-issued or a private airport registration is completed pursuant 285
431-to subsection (2) before prior to the expiration date. 286
432- (h)(f) The department may ext end a public airport or 287
433-private airport site approval for subsequent periods of 2 years 288
434-per extension for good cause. 289
435- (i)(g) The department may revoke an airport a site 290
436-approval if it determines: 291
437- 1. That the site has been abandoned as an airport site; 292
438- 2. That the site has not been developed as an airport 293
439-within a reasonable time period or development does not comply 294
440-with the conditions of the site approval; 295
441- 3. That, except as required for in -flight emergencies, 296
442-aircraft have operated on the site; or 297
443- 4. That the site is no longer usable for aviation purposes 298
444-due to physical or legal changes in conditions that were the 299
445-subject of the approval granted. 300
446-ENROLLED
447-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
421+ (g)(e) Approval as a public airport or a private airport 276
422+shall remain valid for 2 years after the date of issue , unless 277
423+revoked by the department or unless a public airport license is 278
424+issued or a private airport registration is completed pursuant 279
425+to subsection (2) before prior to the expiration date. 280
426+ (h)(f) The department may extend a public airport or 281
427+private airport site approval for subsequent periods of 2 years 282
428+per extension for good cause. 283
429+ (i)(g) The department may revoke an airport a site 284
430+approval if it determines: 285
431+ 1. That the site has been abandoned as an airport site; 286
432+ 2. That the site has not been developed as an airport 287
433+within a reasonable time period or development does not comply 288
434+with the conditions of the site approval; 289
435+ 3. That, except as required for in-flight emergencies, 290
436+aircraft have operated on the site; or 291
437+ 4. That the site is no longer usable for aviation purposes 292
438+due to physical or legal changes in conditions that were the 293
439+subject of the approval granted. 294
440+ (2) LICENSES AND REGISTRATIONS; REQUI REMENTS, RENEWAL, 295
441+REVOCATION.— 296
442+ (a) Except as provided in subsection (3), the owner or 297
443+lessee of an any airport in this state shall have either a 298
444+public airport license , or private airport registration , or 299
445+temporary airport registration before prior to the operation of 300
446+
447+CS/CS/CS/HB 1305, Engrossed 1 2023
448448
449449
450450
451451 CODING: Words stricken are deletions; words underlined are additions.
452-hb1305-06-er
453-Page 13 of 37
452+hb1305-04-e1
453+Page 13 of 36
454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
455455
456456
457457
458- (2) LICENSES AND REGISTRATIONS; REQUIREMENTS, RENEWAL, 301
459-REVOCATION.— 302
460- (a) Except as provided in su bsection (3), the owner or 303
461-lessee of an any airport in this state shall have either a 304
462-public airport license , or private airport registration , or 305
463-temporary airport registration before prior to the operation of 306
464-aircraft to or from the airport facility. Application for a 307
465-license or registration shall be made in a form and manner 308
466-prescribed by the department. Upon granting site approval: 309
467- 1. For a public airport, upon granting site approval, the 310
468-department shall issue a license after a final airport 311
469-inspection finds the airport facility to be in compliance with 312
470-all requirements for the license. The license may be subject to 313
471-any reasonable conditions that the department deems may deem 314
472-necessary to protect the public health, safety, or welfare. 315
473- 2. For a private airport, upon granting site approval, the 316
474-department shall provide controlled electronic access to the 317
475-state aviation facility data system to permit the applicant to 318
476-complete the registration process. Registration shall be 319
477-completed upon self-certification by the registrant of 320
478-operational and configuration data deemed necessary by the 321
479-department. 322
480- 3. For a temporary airport, the department must publish 323
481-notice of receipt of a completed registration application in the 324
482-next available publication of the Flor ida Administrative 325
483-ENROLLED
484-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
458+aircraft to or from the airport facility. Application for a 301
459+license or registration shall be made in a form and manner 302
460+prescribed by the department. Upon granting site approval: 303
461+ 1. For a public airport, upon granting site approval, the 304
462+department shall issue a license after a final airport 305
463+inspection finds the airport facility to be in compliance with 306
464+all requirements for the license. The license may be subject to 307
465+any reasonable conditions that the department deems may deem 308
466+necessary to protect the public health, safety, or welfare. 309
467+ 2. For a private airport, upon granting site approval, the 310
468+department shall provide controlled electronic access to the 311
469+state aviation facility data system to permit the applicant to 312
470+complete the registration p rocess. Registration shall be 313
471+completed upon self-certification by the registrant of 314
472+operational and configuration data deemed necessary by the 315
473+department. 316
474+ 3. For a temporary airport, the department must publish 317
475+notice of receipt of a completed registrat ion application in the 318
476+next available publication of the Florida Administrative 319
477+Register and may not approve a registration application less 320
478+than 14 days after the date of publication of the notice. The 321
479+department must approve or deny a registration applic ation 322
480+within 30 days after receipt of a completed application and must 323
481+issue the temporary airport registration concurrent with the 324
482+airport site approval. A completed registration application that 325
483+
484+CS/CS/CS/HB 1305, Engrossed 1 2023
485485
486486
487487
488488 CODING: Words stricken are deletions; words underlined are additions.
489-hb1305-06-er
490-Page 14 of 37
489+hb1305-04-e1
490+Page 14 of 36
491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492492
493493
494494
495-Register and may not approve a registration application less 326
496-than 14 days after the date of publication of the notice. The 327
497-department must approve or deny a registration application 328
498-within 30 days after receipt of a completed application and must 329
499-issue the temporary airport registration concurrent with the 330
500-airport site approval. A completed registration application that 331
501-is not approved or denied within 30 days after the department 332
502-receives the completed application is considered approved and 333
503-shall be issued, subject to such reasonable conditions as are 334
504-authorized by law. An applicant seeking to claim registration by 335
505-default under this subparagraph must notify the agency clerk of 336
506-the department, in writing, of the intent to rely upon the 337
507-default registration provision of this subparagraph and may not 338
508-take any action based upon the default registration until after 339
509-receipt of such notice by the agency clerk. 340
510- (c) The department may license a public airport or a 341
511-private airport may register as a temporary airport provided 342
512-that the airport will not endanger the public health, safety, or 343
513-welfare and the airport meets the temporary airport requirements 344
514-established by the department. A temporary airport license or 345
515-registration shall be valid for le ss than 30 days and is not 346
516-renewable. The department may not approve a subsequent temporary 347
517-airport registration application for the same general location 348
518-if the purpose or effect is to evade otherwise applicable 349
519-airport permitting or licensure requirement s. 350
520-ENROLLED
521-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
495+is not approved or denied within 30 days after the departme nt 326
496+receives the completed application is considered approved and 327
497+shall be issued, subject to such reasonable conditions as are 328
498+authorized by law. An applicant seeking to claim registration by 329
499+default under this subparagraph must notify the agency clerk of 330
500+the department, in writing, of the intent to rely upon the 331
501+default registration provision of this subparagraph and may not 332
502+take any action based upon the default registration until after 333
503+receipt of such notice by the agency clerk. 334
504+ (c) The department may license a public airport or a 335
505+private airport may register as a temporary airport provided 336
506+that the airport will not endanger the public health, safety, or 337
507+welfare and the airport meets the temporary airport requirements 338
508+established by the department. A temporary airport license or 339
509+registration shall be valid for less than 30 days and is not 340
510+renewable. The department may not approve a subsequent temporary 341
511+airport registration application for the same general location 342
512+if the purpose or effect is to evade oth erwise applicable 343
513+airport permitting or licensure requirements. 344
514+ (3) EXEMPTIONS.—The provisions of this section do not 345
515+apply to: 346
516+ (e) An airport which meets the criteria of s. 330.27(7) 347
517+used exclusively for aerial application or spraying of crops on 348
518+a seasonal basis, not to include any licensed airport where 349
519+permanent crop aerial application or spraying facilities are 350
520+
521+CS/CS/CS/HB 1305, Engrossed 1 2023
522522
523523
524524
525525 CODING: Words stricken are deletions; words underlined are additions.
526-hb1305-06-er
527-Page 15 of 37
526+hb1305-04-e1
527+Page 15 of 36
528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529529
530530
531531
532- (3) EXEMPTIONS.—The provisions of this section do not 351
533-apply to: 352
534- (e) An airport which meets the criteria of s. 330.27(7) 353
535-used exclusively for aerial application or spraying of crops on 354
536-a seasonal basis, not to include any licensed airport where 355
537-permanent crop aerial application or spraying facilities are 356
538-installed, if the period of operation does not exceed 30 days 357
539-per calendar year and the frequency of operations does not 358
540-exceed 10 operations per day . Such proposed airports, which will 359
541-be located within 3 miles of existing airports or approved 360
542-airport sites, shall establish safe air -traffic patterns with 361
543-such existing airports or approved airport sites, by memorandums 362
544-of understanding, or by letters of agreement between the parties 363
545-representing the airports or sites. 364
546- Section 8. Subsection (10) is added to section 332.007, 365
547-Florida Statutes, to read: 366
548- 332.007 Administration and financing of aviation and 367
549-airport programs and projects; state plan. — 368
550- (10) Subject to the availability of appropriat ed funds, 369
551-and unless otherwise provided in the General Appropriations Act 370
552-or the substantive bill implementing the General Appropriations 371
553-Act, the department may fund up to 100 percent of eligible 372
554-project costs of all of the following at a publicly owned, 373
555-publicly operated airport located in a rural community as 374
556-defined in s. 288.0656 which does not have any scheduled 375
557-ENROLLED
558-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
532+installed, if the period of operation does not exceed 30 days 351
533+per calendar year and the frequency of operations does not 352
534+exceed 10 operations per day. Such proposed airports, which will 353
535+be located within 3 miles of existing airports or approved 354
536+airport sites, shall establish safe air -traffic patterns with 355
537+such existing airports or approved airport sites, by memorandums 356
538+of understanding, or by letters of agreement between the parties 357
539+representing the airports or sites. 358
540+ Section 8. Subsection (10) is added to section 332.007, 359
541+Florida Statutes, to read: 360
542+ 332.007 Administration and financing of aviation and 361
543+airport programs and projects; state plan.— 362
544+ (10) Subject to the availability of appropriated funds, 363
545+and unless otherwise provided in the General Appropriations Act 364
546+or the substantive bill implementing the General Appropriations 365
547+Act, the department may fund up to 100 percent of eligible 366
548+project costs of all of the following at a publicly owned, 367
549+publicly operated airport located in a rural community as 368
550+defined in s. 288.0656 which does not have any scheduled 369
551+commercial service: 370
552+ (a) The capital cost of runway and taxiway projects that 371
553+add capacity. Such projects must be prioritized based on the 372
554+amount of available nonstate matching funds. 373
555+ (b) Economic development transportation projects pursuant 374
556+to s. 339.2821. 375
557+
558+CS/CS/CS/HB 1305, Engrossed 1 2023
559559
560560
561561
562562 CODING: Words stricken are deletions; words underlined are additions.
563-hb1305-06-er
564-Page 16 of 37
563+hb1305-04-e1
564+Page 16 of 36
565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566566
567567
568568
569-commercial service: 376
570- (a) The capital cost of runway and taxiway projects that 377
571-add capacity. Such projects must be prioritized based on the 378
572-amount of available nonstate matching funds. 379
573- (b) Economic development transportation projects pursuant 380
574-to s. 339.2821. 381
575- 382
576-Any remaining funds must be allocated for projects specified in 383
577-subsection (6). 384
578- Section 9. Subsection (5) of section 334.044, Flori da 385
579-Statutes, is amended, and subsection (36) is added to that 386
580-section, to read: 387
581- 334.044 Powers and duties of the department. —The 388
582-department shall have the following general powers and duties: 389
583- (5) To purchase, lease, or otherwise acquire property and 390
584-materials, including the purchase of promotional items as part 391
585-of public information and education campaigns for the promotion 392
586-of scenic highways, traffic and train safety awareness, 393
587-alternatives to single -occupant vehicle travel, and commercial 394
588-motor vehicle safety, electric vehicle use and charging 395
589-stations, autonomous vehicles, and context design for electric 396
590-vehicles and autonomous vehicles ; to purchase, lease, or 397
591-otherwise acquire equipment and supplies; and to sell, exchange, 398
592-or otherwise dispose of any property that is no longer needed by 399
593-the department. 400
594-ENROLLED
595-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
569+ 376
570+Any remaining funds must be allocated for projects specified in 377
571+subsection (6). 378
572+ Section 9. Subsection (5) of section 334.044, Florida 379
573+Statutes, is amended, and subsection (36) is added to that 380
574+section, to read: 381
575+ 334.044 Powers and duties of the department. —The 382
576+department shall have the following general powers and duties: 383
577+ (5) To purchase, lease, or otherwise acquire property and 384
578+materials, including the purchase of promotional items as part 385
579+of public information and education campaigns for the promotion 386
580+of scenic highways, traffic and train safety awareness, 387
581+alternatives to single-occupant vehicle travel, and commercial 388
582+motor vehicle safety , electric vehicle use and charging 389
583+stations, autonomous vehicles, and context design for electric 390
584+vehicles and autonomous vehicles ; to purchase, lease, or 391
585+otherwise acquire equipment and supp lies; and to sell, exchange, 392
586+or otherwise dispose of any property that is no longer needed by 393
587+the department. 394
588+ (36) To expend funds, within its discretion, for training, 395
589+testing, and licensing for full -time employees of the department 396
590+who are required to have a valid Class A or Class B commercial 397
591+driver license as a condition of employment with the department. 398
592+ Section 10. Section 337.025, Florida Statutes, is amended 399
593+to read: 400
594+
595+CS/CS/CS/HB 1305, Engrossed 1 2023
596596
597597
598598
599599 CODING: Words stricken are deletions; words underlined are additions.
600-hb1305-06-er
601-Page 17 of 37
600+hb1305-04-e1
601+Page 17 of 36
602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603603
604604
605605
606- (36) To expend funds, within its discretion, for training, 401
607-testing, and licensing for full -time employees of the department 402
608-who are required to have a valid Class A or Class B commercial 403
609-driver license as a condition of employment with the department. 404
610- Section 10. Section 337.025, Florida Statutes, is amended 405
611-to read: 406
612- 337.025 Innovative transportation projects; department to 407
613-establish program.— 408
614- (1) The department may establish a program for 409
615-transportation projects demonstrating innovative techniques of 410
616-highway and bridge design, construction, maintenance, and 411
617-finance which have the intended effect of measuring resiliency 412
618-and structural integrity and controlling time and cost increases 413
619-on construction projects. Such techniques may include, but are 414
620-not limited to, state -of-the-art technology for pavement, 415
621-safety, and other aspects of highway and bridge design, 416
622-construction, and maintenance; innovative bidding and financing 417
623-techniques; accelerated co nstruction procedures; and those 418
624-techniques that have the potential to reduce project life cycle 419
625-costs. To the maximum extent practical, the department must use 420
626-the existing process to award and administer construction and 421
627-maintenance contracts. When speci fic innovative techniques are 422
628-to be used, the department is not required to adhere to those 423
629-provisions of law that would prevent, preclude, or in any way 424
630-prohibit the department from using the innovative technique. 425
631-ENROLLED
632-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
606+ 337.025 Innovative transportation projects; department to 401
607+establish program.— 402
608+ (1) The department may establish a program for 403
609+transportation projects demonstrating innovative techniques of 404
610+highway and bridge design, construction, maintenance, and 405
611+finance which have the intended effect of measuring resiliency 406
612+and structural integ rity and controlling time and cost increases 407
613+on construction projects. Such techniques may include, but are 408
614+not limited to, state -of-the-art technology for pavement, 409
615+safety, and other aspects of highway and bridge design, 410
616+construction, and maintenance; inn ovative bidding and financing 411
617+techniques; accelerated construction procedures; and those 412
618+techniques that have the potential to reduce project life cycle 413
619+costs. To the maximum extent practical, the department must use 414
620+the existing process to award and admin ister construction and 415
621+maintenance contracts. When specific innovative techniques are 416
622+to be used, the department is not required to adhere to those 417
623+provisions of law that would prevent, preclude, or in any way 418
624+prohibit the department from using the innovat ive technique. 419
625+However, before using an innovative technique that is 420
626+inconsistent with another provision of law, the department must 421
627+document in writing the need for the exception and identify what 422
628+benefits the traveling public and the affected community a re 423
629+anticipated to receive. The department may enter into no more 424
630+than $200 $120 million in contracts awarded annually for the 425
631+
632+CS/CS/CS/HB 1305, Engrossed 1 2023
633633
634634
635635
636636 CODING: Words stricken are deletions; words underlined are additions.
637-hb1305-06-er
638-Page 18 of 37
637+hb1305-04-e1
638+Page 18 of 36
639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
641641
642642
643-However, before using an innovative techn ique that is 426
644-inconsistent with another provision of law, the department must 427
645-document in writing the need for the exception and identify what 428
646-benefits the traveling public and the affected community are 429
647-anticipated to receive. The department may enter into no more 430
648-than $200 $120 million in contracts awarded annually for the 431
649-purposes authorized by this section. 432
650- (2) The annual cap on contracts provided in subsection (1) 433
651-does not apply to: 434
652- (a) turnpike enterprise projects. 435
653- (b) Low-bid design-build milling and resurfacing 436
654-contracts. 437
655- Section 11. Paragraph (c) of subsection (6) and subsection 438
656-(7) of section 337.11, Florida Statutes, are amended to read: 439
657- 337.11 Contracting authority of department; bids; 440
658-emergency repairs, supplemental agreements, and c hange orders; 441
659-combined design and construction contracts; progress payments; 442
660-records; requirements of vehicle registration. — 443
661- (6) 444
662- (c) When the department determines that it is in the best 445
663-interest of the public for reasons of public concern, economy, 446
664-improved operations, or safety, and only when circumstances 447
665-dictate rapid completion of the work, the department may, up to 448
666-the amount of $500,000 $250,000, enter into contracts for 449
667-construction and maintenance without advertising and receiving 450
668-ENROLLED
669-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
643+purposes authorized by this section. 426
644+ (2) The annual cap on contracts provided in subsection (1) 427
645+does not apply to: 428
646+ (a) turnpike enterprise projects. 429
647+ (b) Low-bid design-build milling and resurfacing 430
648+contracts. 431
649+ Section 11. Paragraph (c) of subsection (6) and subsection 432
650+(7) of section 337.11, Florida Statutes, are amended to read: 433
651+ 337.11 Contracting authority of department; bids; 434
652+emergency repairs, supplemental agreements, and change orders; 435
653+combined design and construction contracts; progress payments; 436
654+records; requirements of vehicle registration. — 437
655+ (6) 438
656+ (c) When the department determines that it is in the best 439
657+interest of the public for reasons of public concern, economy, 440
658+improved operations, or safety, and only when circumstances 441
659+dictate rapid completion of the work, the department may, up to 442
660+the amount of $500,000 $250,000, enter into contracts for 443
661+construction and maintenance without advertising and receiving 444
662+competitive bids. The department may enter into such contracts 445
663+only upon a determination that the work is necessary for one of 446
664+the following reasons: 447
665+ 1. To ensure timely completion of projects or avoidance of 448
666+undue delay for other projects; 449
667+ 2. To accomplish minor repairs or construction and 450
668+
669+CS/CS/CS/HB 1305, Engrossed 1 2023
670670
671671
672672
673673 CODING: Words stricken are deletions; words underlined are additions.
674-hb1305-06-er
675-Page 19 of 37
674+hb1305-04-e1
675+Page 19 of 36
676676 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677677
678678
679679
680-competitive bids. The department may enter into such contracts 451
681-only upon a determination that the work is necessary for one of 452
682-the following reasons: 453
683- 1. To ensure timely completion of projects or avoidance of 454
684-undue delay for other projects; 455
685- 2. To accomplish minor repairs or construction and 456
686-maintenance activities for which time is of the essence and for 457
687-which significant cost savings would occur; or 458
688- 3. To accomplish nonemergency work necessary to ensure 459
689-avoidance of adverse conditions that affect the safe and 460
690-efficient flow of traffic. 461
691- 462
692-The department shall make a good faith effort to obtain two or 463
693-more quotes, if available, from qualified contractors before 464
694-entering into any contract. The department shall give 465
695-consideration to disadvantaged business enterprise 466
696-participation. However, when the work exists within the limits 467
697-of an existing contract, the department shall make a good faith 468
698-effort to negotiate and enter into a contract with the prime 469
699-contractor on the existing contract. 470
700- (7)(a) If the department deter mines that it is in the best 471
680+maintenance activities for which time is of the essence and for 451
681+which significant cost savings would occu r; or 452
682+ 3. To accomplish nonemergency work necessary to ensure 453
683+avoidance of adverse conditions that affect the safe and 454
684+efficient flow of traffic. 455
685+ 456
686+The department shall make a good faith effort to obtain two or 457
687+more quotes, if available, from qualified con tractors before 458
688+entering into any contract. The department shall give 459
689+consideration to disadvantaged business enterprise 460
690+participation. However, when the work exists within the limits 461
691+of an existing contract, the department shall make a good faith 462
692+effort to negotiate and enter into a contract with the prime 463
693+contractor on the existing contract. 464
694+ (7)(a) If the department determines that it is in the best 465
695+interests of the public, the department may combine the design 466
696+and construction phases of a building, a major bridge, a limited 467
697+access facility, or a rail corridor project into a single 468
698+contract. Such contract is referred to as a design -build 469
699+contract. 470
700+ (b) If the department determines that it is in the best 471
701701 interests of the public, the department may combin e the design 472
702-and construction phases of a building, a major bridge, a limited 473
703-access facility, or a rail corridor project into a single 474
704-contract. Such contract is referred to as a design-build 475
705-ENROLLED
706-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
702+and construction phases of a project fully funded in the work 473
703+program into a single contract and select the design -build firm 474
704+in the early stages of a project to ensure that the design -build 475
705+
706+CS/CS/CS/HB 1305, Engrossed 1 2023
707707
708708
709709
710710 CODING: Words stricken are deletions; words underlined are additions.
711-hb1305-06-er
712-Page 20 of 37
711+hb1305-04-e1
712+Page 20 of 36
713713 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714714
715715
716716
717-contract. 476
718- (b) If the department determines that it is in the best 477
719-interests of the public, the department may combine the design 478
720-and construction phases of a project fully funded in the work 479
721-program into a single contract and select the d esign-build firm 480
722-in the early stages of a project to ensure that the design -build 481
723-firm is part of the collaboration and development of the design 482
724-as part of a step-by-step progression through construction. Such 483
725-a contract is referred to as a phased design -build contract. For 484
726-phased design-build contracts, selection and award must include 485
727-a two-phase process. For phase one, the department shall 486
728-competitively award the contract to a design -build firm based 487
729-upon qualifications. For phase two, the design -build firm shall 488
730-competitively bid construction trade subcontractor packages and, 489
731-based upon these bids, negotiate with the department a fixed 490
732-firm price or guaranteed maximum price that meets the project 491
733-budget and scope as advertised in the request for 492
734-qualifications. 493
735- (c) Design-build contracts and phased design-build 494
736-contracts may be advertised and awarded notwithstanding the 495
737-requirements of paragraph (3)(c). However, construction 496
738-activities may not begin on any portion of such projects for 497
739-which the department has not yet obtained title to the necessary 498
740-rights-of-way and easements for the construction of that portion 499
741-of the project has vested in the state or a local governmental 500
742-ENROLLED
743-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
717+firm is part of the collaboration and development of the design 476
718+as part of a step-by-step progression through construction. Such 477
719+a contract is referred to as a phased design -build contract. For 478
720+phased design-build contracts, selection and award must include 479
721+a two-phase process. For phase one, the department shall 480
722+competitively award the contract to a design -build firm based 481
723+upon qualifications. For phase two, the design -build firm shall 482
724+competitively bid construction trade subcontractor packages and, 483
725+based upon these bids, negotiate with the department a fix ed 484
726+firm price or guaranteed maximum price that meets the project 485
727+budget and scope as advertised in the request for 486
728+qualifications. 487
729+ (c) Design-build contracts and phased design-build 488
730+contracts may be advertised and awarded notwithstanding the 489
731+requirements of paragraph (3)(c). However, construction 490
732+activities may not begin on any portion of such projects for 491
733+which the department has not yet obtained title to the necessary 492
734+rights-of-way and easements for the construction of that portion 493
735+of the project has ve sted in the state or a local governmental 494
736+entity and all railroad crossing and utility agreements have 495
737+been executed. Title to rights -of-way shall be deemed to have 496
738+vested in the state when the title has been dedicated to the 497
739+public or acquired by prescrip tion. 498
740+ (d)(b) The department shall adopt by rule procedures for 499
741+administering design -build and phased design-build contracts. 500
742+
743+CS/CS/CS/HB 1305, Engrossed 1 2023
744744
745745
746746
747747 CODING: Words stricken are deletions; words underlined are additions.
748-hb1305-06-er
749-Page 21 of 37
748+hb1305-04-e1
749+Page 21 of 36
750750 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751751
752752
753753
754-entity and all railroad crossing and utility agreements have 501
755-been executed. Title to rights-of-way shall be deemed to have 502
756-vested in the state when the title has been dedicated to the 503
757-public or acquired by prescription. 504
758- (d)(b) The department shall adopt by rule procedures for 505
759-administering design -build and phased design-build contracts. 506
760-Such procedures shall include, but not be limited to: 507
761- 1. Prequalification requirements. 508
762- 2. Public announcement procedures. 509
763- 3. Scope of service requirements. 510
764- 4. Letters of interest requirements. 511
765- 5. Short-listing criteria and procedures. 512
766- 6. Bid proposal requirements. 513
767- 7. Technical review committee. 514
768- 8. Selection and award processes. 515
769- 9. Stipend requirements. 516
770- (e)(c) The department must receive at least three letters 517
771-of interest in order to proceed with a request for proposals. 518
772-The department shall request proposals from no fewer than three 519
773-of the design-build firms submitting letters of interest. If a 520
774-design-build firm withdraws from consideration after the 521
775-department requests proposals, the department may continue if at 522
776-least two proposals are received. 523
777- Section 12. Paragraph (i) of subsection (6) of section 524
778-339.175, Florida Statutes, is amended to read: 525
779-ENROLLED
780-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
754+Such procedures shall include, but not be limited to: 501
755+ 1. Prequalification requirements. 502
756+ 2. Public announcement procedures. 503
757+ 3. Scope of service requirements. 504
758+ 4. Letters of interest requirements. 505
759+ 5. Short-listing criteria and procedures. 506
760+ 6. Bid proposal requirements. 507
761+ 7. Technical review committee. 508
762+ 8. Selection and award processes. 509
763+ 9. Stipend requirements. 510
764+ (e)(c) The department must receive at least three letters 511
765+of interest in order to proceed with a request for proposals. 512
766+The department shall request proposals from no fewer than three 513
767+of the design-build firms submitting letters of interest. If a 514
768+design-build firm withdraws from consideration after the 515
769+department requests proposals, the department may continue if at 516
770+least two proposals are received. 517
771+ Section 12. Paragraph (i) of subsection (6) of section 518
772+339.175, Florida Statutes, is amended to read: 519
773+ 339.175 Metropolitan planning organization. — 520
774+ (6) POWERS, DUTIES, AND RESPONSIBILITIES. —The powers, 521
775+privileges, and authority of an M.P.O. are those specified in 522
776+this section or incorporated in an interlocal agreement 523
777+authorized under s. 163.01. Each M.P.O. shall p erform all acts 524
778+required by federal or state laws or rules, now and subsequently 525
779+
780+CS/CS/CS/HB 1305, Engrossed 1 2023
781781
782782
783783
784784 CODING: Words stricken are deletions; words underlined are additions.
785-hb1305-06-er
786-Page 22 of 37
785+hb1305-04-e1
786+Page 22 of 36
787787 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788788
789789
790790
791- 339.175 Metropolitan planning organization. — 526
792- (6) POWERS, DUTIES, AND RESPONSIBILITIES. —The powers, 527
793-privileges, and authority of an M.P.O. are those specified in 528
794-this section or incorporated in an interlocal agreement 529
795-authorized under s. 163.01. Each M.P.O. shall perform all acts 530
796-required by federal or state laws or rules, now and subsequently 531
797-applicable, which are necessary to qualif y for federal aid. It 532
798-is the intent of this section that each M.P.O. shall be involved 533
799-in the planning and programming of transportation facilities, 534
800-including, but not limited to, airports, intercity and high -535
801-speed rail lines, seaports, and intermodal faci lities, to the 536
802-extent permitted by state or federal law. 537
803- (i) By December 31, 2023, There is created the Chairs 538
804-Coordinating Committee, composed of the M.P.O.'s serving Citrus, 539
805-Hernando, Hillsborough, Manatee, Pasco, and Pinellas, Polk, and 540
806-Sarasota Counties must submit to the Governor, the President of 541
807-the Senate, and the Speaker of the House of Representatives a 542
808-feasibility report exploring the benefits, costs, and process of 543
809-consolidation into a single M.P.O. serving the contiguous 544
810-urbanized area, the goal of which is to . The committee must, at 545
811-a minimum: 546
812- 1. Coordinate transportation projects deemed to be 547
813-regionally significant by the committee. 548
814- 2. Review the impact of regionally significant land use 549
815-decisions on the region. 550
816-ENROLLED
817-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
791+applicable, which are necessary to qualify for federal aid. It 526
792+is the intent of this section that each M.P.O. shall be involved 527
793+in the planning and programming of transportati on facilities, 528
794+including, but not limited to, airports, intercity and high -529
795+speed rail lines, seaports, and intermodal facilities, to the 530
796+extent permitted by state or federal law. 531
797+ (i) By December 31, 2023, There is created the Chairs 532
798+Coordinating Committe e, composed of the M.P.O.'s serving Citrus, 533
799+Hernando, Hillsborough, Manatee, Pasco, and Pinellas, Polk, and 534
800+Sarasota Counties must submit to the Governor, the President of 535
801+the Senate, and the Speaker of the House of Representatives a 536
802+feasibility report exploring the benefits, costs, and process of 537
803+consolidation into a single M.P.O. serving the contiguous 538
804+urbanized area, the goal of which is to . The committee must, at 539
805+a minimum: 540
806+ 1. Coordinate transportation projects deemed to be 541
807+regionally significant by the committee. 542
808+ 2. Review the impact of regionally significant land use 543
809+decisions on the region. 544
810+ 3. Review all proposed regionally significant 545
811+transportation projects in the respective transportation 546
812+improvement programs which affect more than one of the M.P.O.'s 547
813+represented on the committee . 548
814+ 4. Institute a conflict resolution process to address any 549
815+conflict that may arise in the planning and programming of such 550
816+
817+CS/CS/CS/HB 1305, Engrossed 1 2023
818818
819819
820820
821821 CODING: Words stricken are deletions; words underlined are additions.
822-hb1305-06-er
823-Page 23 of 37
822+hb1305-04-e1
823+Page 23 of 36
824824 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825825
826826
827827
828- 3. Review all proposed regionally significant 551
829-transportation projects in the respective transportation 552
830-improvement programs which affect more than one of the M.P.O.'s 553
831-represented on the committee . 554
832- 4. Institute a conflict resolution process to address any 555
833-conflict that may arise in the planning and programming of such 556
834-regionally significant projects. 557
835- Section 13. Subsection (1) of section 341.052, Florida 558
836-Statutes, is amended to read: 559
837- 341.052 Public transit block grant program; 560
838-administration; eligible projects; limitation.— 561
839- (1) There is created a public transit block grant program 562
840-which shall be administered by the department. Block grant funds 563
841-shall only be provided to "Section 9" providers and "Section 18" 564
842-providers designated by the United States Department of 565
843-Transportation and community transportation coordinators as 566
844-defined in chapter 427. Eligible providers must establish public 567
845-transportation development plans consistent, to the maximum 568
846-extent feasible, with approved local government comprehensive 569
847-plans of the units of local government in which the provider is 570
848-located and the long-range transportation plans of the 571
849-metropolitan planning organization in which the provider is 572
850-located. In developing public transportation development plans, 573
851-eligible providers must solicit comments from local workforce 574
852-development boards established under chapter 445. The 575
853-ENROLLED
854-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
828+regionally significant projects. 551
829+ Section 13. Subsection (1) of section 341.052, Florida 552
830+Statutes, is amended to read: 553
831+ 341.052 Public transit block grant program; 554
832+administration; eligible projects; limitation. — 555
833+ (1) There is created a public transit block grant program 556
834+which shall be administered by the department. Block grant funds 557
835+shall only be provided to "Section 9" providers and "Section 18" 558
836+providers designated by the United States Department of 559
837+Transportation and community transportation coordinators as 560
838+defined in chapter 427. Eligible providers must establish public 561
839+transportation development plans consistent, to the maximum 562
840+extent feasible, with approved local government comprehensive 563
841+plans of the units of local government in which the provider is 564
842+located and the long-range transportation plans of the 565
843+metropolitan planning or ganization in which the provider is 566
844+located. In developing public transportation development plans, 567
845+eligible providers must solicit comments from local workforce 568
846+development boards established under chapter 445. The 569
847+development plans must address how the p ublic transit provider 570
848+will work with the appropriate local workforce development board 571
849+to provide services to participants in the welfare transition 572
850+program. Eligible providers must provide information to the 573
851+local workforce development board serving the county in which 574
852+the provider is located regarding the availability of 575
853+
854+CS/CS/CS/HB 1305, Engrossed 1 2023
855855
856856
857857
858858 CODING: Words stricken are deletions; words underlined are additions.
859-hb1305-06-er
860-Page 24 of 37
859+hb1305-04-e1
860+Page 24 of 36
861861 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862862
863863
864864
865-development plans must address how the public transit provider 576
866-will work with the appropriate local workforce development board 577
867-to provide services to particip ants in the welfare transition 578
868-program. Eligible providers must provide information to the 579
869-local workforce development board serving the county in which 580
870-the provider is located regarding the availability of 581
871-transportation services to assist program partici pants. 582
872- Section 14. Paragraph (a) of subsection (1) of section 583
873-341.061, Florida Statutes, is amended to read: 584
874- 341.061 Transit safety standards; inspections and system 585
875-safety reviews.— 586
876- (1)(a) The department shall adopt by rule minimum safety 587
877-standards for governmentally owned fixed -guideway transportation 588
878-systems, and privately owned or operated fixed -guideway 589
879-transportation systems operating in this state which are 590
880-financed wholly or partly by state funds , and any governmentally 591
881-or privately owned fi xed-guideway transportation systems 592
882-operating in this state which are located within an independent 593
883-special district created by local act which have boundaries 594
884-within two contiguous counties . Standards must be site -specific 595
885-for fixed-guideway transportatio n systems and shall be developed 596
886-jointly by the department and representatives of the affected 597
887-systems, giving full consideration to nationwide industry safety 598
888-norms relating to the development and operation of fixed -599
889-guideway transportation systems. The department shall conduct 600
890-ENROLLED
891-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
865+transportation services to assist program participants. 576
866+ Section 14. Subsections (2) and (3) of section 341.071, 577
867+Florida Statutes, are amended to read: 578
868+ 341.071 Transit productivity and performance measures; 579
869+reports.— 580
870+ (2) Each public transit provider shall establish 581
871+productivity and performance measures, which must be approved by 582
872+the department and which must be selected from measures 583
873+developed pursuant to s. 341.041(3). Each provid er shall, by 584
874+January 31 of each year, report to the department relative to 585
875+these measures. In approving these measures, the department 586
876+shall give consideration to the goals and objectives of each 587
877+system, the needs of the local area, and the role for public 588
878+transit in the local area. The report shall include the also 589
879+specifically address potential enhancements to productivity and 590
880+performance which would have the effect of increasing farebox 591
881+recovery ratio. 592
882+ (3) Each public transit provider shall publish on its 593
883+website in the local newspaper of its area the productivity and 594
884+performance measures established for the year and a report which 595
885+provides quantitative data relative to the attainment of 596
886+established productivity and performance measures. 597
887+ Section 15. (1) Effective upon this act becoming a law, 598
888+the governance and control of the Santa Rosa Bay Bridge 599
889+Authority is transferred to the Department of Transportation. 600
890+
891+CS/CS/CS/HB 1305, Engrossed 1 2023
892892
893893
894894
895895 CODING: Words stricken are deletions; words underlined are additions.
896-hb1305-06-er
897-Page 25 of 37
896+hb1305-04-e1
897+Page 25 of 36
898898 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899899
900900
901901
902-structural safety inspections in adherence with s. 335.074 for 601
903-any fixed-guideway transportation systems that are raised or 602
904-have bridges, as appropriate. Inspectors shall follow 603
905-departmental safety protocols during safety inspections , 604
906-including requiring the suspension of system service to ensure 605
907-the safety and welfare of inspectors and the traveling public 606
908-during such inspections. 607
909- Section 15. Subsections (2) and (3) of section 341.071, 608
910-Florida Statutes, are amended to read: 609
911- 341.071 Transit productivity and performance measures; 610
912-reports.— 611
913- (2) Each public transit provider shall establish 612
914-productivity and performance measures, which must be approved by 613
915-the department and which must be selected from measures 614
916-developed pursuant to s. 341.041(3). Each provider shall, by 615
917-January 31 of each year, report to the department relative to 616
918-these measures. In approving these measures, the department 617
919-shall give consideration to the goals and objectives of each 618
920-system, the needs of the local are a, and the role for public 619
921-transit in the local area. The report shall include the also 620
922-specifically address potential enhancements to productivity and 621
923-performance which would have the effect of increasing farebox 622
924-recovery ratio. 623
925- (3) Each public transit provider shall publish on its 624
926-website in the local newspaper of its area the productivity and 625
927-ENROLLED
928-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
902+ (2) The authority's bridge system transferred to the 601
903+department under the terms of the lea se-purchase agreement 602
904+between the department and the authority, effective as of the 603
905+close of business on June 30, 2022. Any remaining assets, 604
906+facilities, tangible and intangible property, and any rights in 605
907+such property, and any other legal rights of the a uthority, are 606
908+transferred to the department. The department succeeds to all 607
909+powers of the authority. The department may review other 608
910+contracts, financial obligations, and contractual obligations 609
911+and liabilities of the authority and may assume legal liabili ty 610
912+for such obligations that are determined by the department to be 611
913+necessary for the continued operation of the bridge system. 612
914+ (3) The bridge system, or any portion thereof, may be 613
915+transferred by the department and become part of the turnpike 614
916+system under the Florida Turnpike Enterprise Law. 615
917+ Section 16. Effective upon this act becoming a law, part 616
918+IV of chapter 348, Florida Statutes, consisting of sections 617
919+348.965, 348.966, 348.967, 348.968, 348.969, 348.97, 348.971, 618
920+348.972, 348.973, 348.974, 348.97 51, 348.9761, 348.9771, and 619
921+348.9781, is repealed. 620
922+ Section 17. Effective upon this act becoming a law, the 621
923+Greater Miami Expressway Agency created by chapter 2019 -169, 622
924+Laws of Florida, is reestablished subject to the revised powers 623
925+and duties set forth herein. 624
926+ Section 18. Effective upon this act becoming a law, 625
927+
928+CS/CS/CS/HB 1305, Engrossed 1 2023
929929
930930
931931
932932 CODING: Words stricken are deletions; words underlined are additions.
933-hb1305-06-er
934-Page 26 of 37
933+hb1305-04-e1
934+Page 26 of 36
935935 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936936
937937
938938
939-performance measures established for the year and a report which 626
940-provides quantitative data relative to the attainment of 627
941-established productivity and performance measures. 628
942- Section 16. (1) Effective upon this act becoming a law, 629
943-the governance and control of the Santa Rosa Bay Bridge 630
944-Authority is transferred to the Department of Transportation. 631
945- (2) The authority's bridge system transferred to the 632
946-department under the terms of the lease -purchase agreement 633
947-between the department and the authority, effective as of the 634
948-close of business on June 30, 2022. Any remaining assets, 635
949-facilities, tangible and intangible property, and any rights in 636
950-such property, and any o ther legal rights of the authority, are 637
951-transferred to the department. The department succeeds to all 638
952-powers of the authority. The department may review other 639
953-contracts, financial obligations, and contractual obligations 640
954-and liabilities of the authority an d may assume legal liability 641
955-for such obligations that are determined by the department to be 642
956-necessary for the continued operation of the bridge system. 643
957- (3) The bridge system, or any portion thereof, may be 644
958-transferred by the department and become part of the turnpike 645
959-system under the Florida Turnpike Enterprise Law. 646
960- Section 17. Effective upon this act becoming a law, part 647
961-IV of chapter 348, Florida Statutes, consisting of sections 648
962-348.965, 348.966, 348.967, 348.968, 348.969, 348.97, 348.971, 649
963-348.972, 348.973, 348.974, 348.9751, 348.9761, 348.9771, and 650
964-ENROLLED
965-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
939+section 348.0301, Florida Statutes, is amended to read: 626
940+ 348.0301 Short title. —This part may be cited as the 627
941+"Greater Miami Expressway Agency Act of 2023." 628
942+ Section 19. Effective upon this act becoming a law, 629
943+section 348.0302, Florida Statutes, is repealed. 630
944+ Section 20. Effective upon this act becoming a law, 631
945+subsections (5) through (11) of section 348.0303, Florida 632
946+Statutes, are renumbered as subsections (4) through (10), 633
947+respectively, present subsections (4) and (9) are amended, and a 634
948+new subsection (11) is added to that section, to read: 635
949+ 348.0303 Definitions. —As used in the this part, the term: 636
950+ (4) "County" means a county as defined in s. 125.011(1). 637
951+ (8)(9) "Expressway system" means any and all expressways 638
952+not owned by the department which fall within the geographic 639
953+boundaries of the agency established pursuant to this act and 640
954+appurtenant facilities thereto, including but not limited to, 641
955+all approaches, roads, bridges, and avenues of access for such 642
956+expressway. The term includes a public transportation facility. 643
957+ (11) "Miami-Dade County Expressway Authority" means the 644
958+state agency previously existing and originally established 645
959+under the Florida Expressway A uthority Act and subsequently 646
960+dissolved by the Greater Miami Expressway Agency Act. 647
961+ Section 21. Effective upon this act becoming a law, 648
962+section 348.03031, Florida Statutes, is created to read: 649
963+ 348.03031 Legislative findings, intent, and declaration. — 650
964+
965+CS/CS/CS/HB 1305, Engrossed 1 2023
966966
967967
968968
969969 CODING: Words stricken are deletions; words underlined are additions.
970-hb1305-06-er
971-Page 27 of 37
970+hb1305-04-e1
971+Page 27 of 36
972972 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973973
974974
975975
976-348.9781, is repealed. 651
977- Section 18. Effective upon this act becoming a law, the 652
978-Greater Miami Expressway Agency created by chapter 2019 -169, 653
979-Laws of Florida, is reestablished subject to the revised p owers 654
980-and duties set forth herein. 655
981- Section 19. Effective upon this act becoming a law, 656
982-section 348.0301, Florida Statutes, is amended to read: 657
983- 348.0301 Short title. —This part may be cited as the 658
984-"Greater Miami Expressway Agency Act of 2023." 659
985- Section 20. Effective upon this act becoming a law, 660
986-section 348.0302, Florida Statutes, is repealed. 661
987- Section 21. Effective upon this act becoming a law, 662
988-subsections (5) through (11) of section 348.0303, Florida 663
989-Statutes, are renumbered as subsections (4) through (10), 664
990-respectively, present subsections (4) and (9) are amended, and a 665
991-new subsection (11) is added to that section, to read: 666
992- 348.0303 Definitions. —As used in the this part, the term: 667
993- (4) "County" means a county as defined in s. 125.011(1). 668
994- (8)(9) "Expressway system" means any and all expressways 669
995-not owned by the department which fall within the geographic 670
996-boundaries of the agency established pursuant to this act and 671
997-appurtenant facilities thereto, including but not limited to, 672
998-all approaches, roads, bridges, and avenues of access for such 673
999-expressway. The term includes a public transportation facility. 674
1000- (11) "Miami-Dade County Expressway Authority" means the 675
1001-ENROLLED
1002-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
976+ (1) The Legislature finds the need to clarify the legal 651
977+status, ownership, and control of the roads that constitute the 652
978+expressway system in Miami -Dade County and portions of northeast 653
979+Monroe County, following Miami -Dade County's attempt to abolish 654
980+the Greater Miami Expressway Agency in Miami -Dade Ordinance 21- 655
981+35 (May 4, 2021). 656
982+ (2) The Legislature recognizes that the original 657
983+expressway system previously operated by the former Miami -Dade 658
984+County Expressway Authority is owned by the department. The 659
985+transfer agreement dated December 10, 1996, entered into by the 660
986+department and the former Miami -Dade County Expressway 661
987+Authority, transferred only operational and financial control of 662
988+the expressways owned by the department. 663
989+ (3) The Legislature recognizes th e Miami-Dade County 664
990+Expressway Authority was dissolved by chapter 2019 -169, Laws of 665
991+Florida, and all assets, employees, contracts, rights, and 666
992+liabilities were purportedly transferred to the Greater Miami 667
993+Expressway Agency. All assets, employees, contracts , rights, and 668
994+liabilities previously owned or controlled by the former Miami -669
995+Dade County Expressway Authority, including, without limitation, 670
996+those previously transferred to the Greater Miami Expressway 671
997+Agency, are transferred back to the reestablished Gre ater Miami 672
998+Expressway Agency created in s. 348.0304 on the effective date 673
999+of this act. 674
1000+ (4) It is the intent of the Legislature to confirm that 675
1001+
1002+CS/CS/CS/HB 1305, Engrossed 1 2023
10031003
10041004
10051005
10061006 CODING: Words stricken are deletions; words underlined are additions.
1007-hb1305-06-er
1008-Page 28 of 37
1007+hb1305-04-e1
1008+Page 28 of 36
10091009 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10101010
10111011
10121012
1013-state agency previously existing and originally established 676
1014-under the Florida Expr essway Authority Act and subsequently 677
1015-dissolved by the Greater Miami Expressway Agency Act. 678
1016- Section 22. Effective upon this act becoming a law, 679
1017-section 348.03031, Florida Statutes, is created to read: 680
1018- 348.03031 Legislative findings, intent, and decla ration.— 681
1019- (1) The Legislature finds the need to clarify the legal 682
1020-status, ownership, and control of the roads that constitute the 683
1021-expressway system in Miami -Dade County and portions of northeast 684
1022-Monroe County, following Miami -Dade County's attempt to abol ish 685
1023-the Greater Miami Expressway Agency in Miami -Dade Ordinance 21- 686
1024-35 (May 4, 2021). 687
1025- (2) The Legislature recognizes that the original 688
1026-expressway system previously operated by the former Miami -Dade 689
1027-County Expressway Authority is owned by the department. The 690
1028-transfer agreement dated December 10, 1996, entered into by the 691
1029-department and the former Miami -Dade County Expressway 692
1030-Authority, transferred only operational and financial control of 693
1031-the expressways owned by the department. 694
1032- (3) The Legislature recog nizes the Miami-Dade County 695
1033-Expressway Authority was dissolved by chapter 2019 -169, Laws of 696
1034-Florida, and all assets, employees, contracts, rights, and 697
1035-liabilities were purportedly transferred to the Greater Miami 698
1036-Expressway Agency. All assets, employees, c ontracts, rights, and 699
1037-liabilities previously owned or controlled by the former Miami -700
1038-ENROLLED
1039-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
1013+the Greater Miami Expressway Agency that was created by chapter 676
1014+2019-169, Laws of Florida, is hereby reestablis hed. The Greater 677
1015+Miami Expressway Agency is the state agency that shall govern 678
1016+the expressway system within the geographical boundaries of 679
1017+Miami-Dade County and the portion of northeast Monroe County 680
1018+which includes County Road 94 and the portion of Monroe County 681
1019+bounded on the north and east by the borders of Monroe County 682
1020+and on the south and west by County Road 94. It is further the 683
1021+express intent of the Legislature that the Greater Miami 684
1022+Expressway Agency created by this law is an agency of the state 685
1023+and not subject to any county's home rule powers. 686
1024+ Section 22. Effective upon this act becoming a law, 687
1025+subsection (1) and paragraphs (a) and (b) of subsection (2) of 688
1026+section 348.0304, Florida Statutes, are amended to read: 689
1027+ 348.0304 Greater Miami Expressw ay Agency.— 690
1028+ (1) There is hereby created and established a body politic 691
1029+and corporate, an agency of the state, to be known as the 692
1030+"Greater Miami Expressway Agency." The agency shall serve the 693
1031+area within the geographical boundaries of Miami -Dade County and 694
1032+the portion of northeast Monroe County including County Road 94 695
1033+and the portion of Monroe County bounded on the north and east 696
1034+by the borders of Monroe County and on the south and west by 697
1035+County Road 94. 698
1036+ (2)(a) The governing body of the agency shall co nsist of 699
1037+nine voting members. Except for the district secretary of the 700
1038+
1039+CS/CS/CS/HB 1305, Engrossed 1 2023
10401040
10411041
10421042
10431043 CODING: Words stricken are deletions; words underlined are additions.
1044-hb1305-06-er
1045-Page 29 of 37
1044+hb1305-04-e1
1045+Page 29 of 36
10461046 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10471047
10481048
10491049
1050-Dade County Expressway Authority, including, without limitation, 701
1051-those previously transferred to the Greater Miami Expressway 702
1052-Agency, are transferred back to the reestabli shed Greater Miami 703
1053-Expressway Agency created in s. 348.0304 on the effective date 704
1054-of this act. 705
1055- (4) It is the intent of the Legislature to confirm that 706
1056-the Greater Miami Expressway Agency that was created by chapter 707
1057-2019-169, Laws of Florida, is hereby re established. The Greater 708
1058-Miami Expressway Agency is the state agency that shall govern 709
1059-the expressway system within the geographical boundaries of 710
1060-Miami-Dade County and the portion of northeast Monroe County 711
1061-which includes County Road 94 and the portion of Monroe County 712
1062-bounded on the north and east by the borders of Monroe County 713
1063-and on the south and west by County Road 94. It is further the 714
1064-express intent of the Legislature that the Greater Miami 715
1065-Expressway Agency created by this law is an agency of the s tate 716
1066-and not subject to any county's home rule powers. 717
1067- Section 23. Effective upon this act becoming a law, 718
1068-subsections (1) through (5) of section 348.0304, Florida 719
1069-Statutes, are redesignated as subsections (2) through (6), 720
1070-respectively, a new subsecti on (1) is added to that section, and 721
1071-present subsections (1) and (2) of that section are amended, to 722
1072-read: 723
1073- 348.0304 Greater Miami Expressway Agency. — 724
1074- (1) It is the intent of the Legislature that the Greater 725
1075-ENROLLED
1076-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
1050+department, each member must be a permanent resident of a the 701
1051+county served by the agency and may not hold, or have held in 702
1052+the previous 2 years, elected or appointed office in such the 703
1053+county, except that this provision does not apply to any initial 704
1054+appointment under paragraph (b) or to any member who previously 705
1055+served on the governing body of the former Greater Miami 706
1056+Expressway Agency. Each member may only serve two terms of 4 707
1057+years each, except that there is no restriction on the term of 708
1058+the department's district secretary . Four members shall be 709
1059+appointed by the Governor, one of whom must be a member of the 710
1060+metropolitan planning organization for Miami-Dade the County. 711
1061+Two members, who must be residents of an unincorporated portion 712
1062+of the geographic area described in subsection (1) and residing 713
1063+within 15 miles of an area with the highest amount of agency 714
1064+toll roads, shall be appointed by the board of county 715
1065+commissioners of Miami -Dade County residing within 15 miles of 716
1066+an area with the highest amount of agency toll roads, shall be 717
1067+appointed by the board of county commissioners of the county . 718
1068+Two members, who must be residents of incorporated 719
1069+municipalities within a county served by the ag ency, shall be 720
1070+appointed by the metropolitan planning organization for a county 721
1071+served by the agency the county, shall be appointed by the 722
1072+metropolitan planning organization for the county . The district 723
1073+secretary of the department serving in the district t hat 724
1074+contains Miami-Dade the County shall serve as an ex officio 725
1075+
1076+CS/CS/CS/HB 1305, Engrossed 1 2023
10771077
10781078
10791079
10801080 CODING: Words stricken are deletions; words underlined are additions.
1081-hb1305-06-er
1082-Page 30 of 37
1081+hb1305-04-e1
1082+Page 30 of 36
10831083 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10841084
10851085
10861086
1087-Miami Expressway Agency prioritizes the best interests of the 726
1088-toll payers of South Florida. 727
1089- (2)(1) There is hereby created and established a body 728
1090-politic and corporate, an agency of the state, to be known as 729
1091-the "Greater Miami Expressway Agency." The agency shall serve 730
1092-the area within the geographi cal boundaries of Miami -Dade County 731
1093-and the portion of northeast Monroe County including County Road 732
1094-94 and the portion of Monroe County bounded on the north and 733
1095-east by the borders of Monroe County and on the south and west 734
1096-by County Road 94. 735
1097- (3)(a)(2)(a) The governing body of the agency shall 736
1098-consist of nine voting members. Except for the district 737
1099-secretary of the department, each member must be a permanent 738
1100-resident of a the county served by the agency and may not hold, 739
1101-or have held in the previous 2 ye ars, elected or appointed 740
1102-office in such the county, except that this paragraph does not 741
1103-apply to any initial appointment under paragraph (b) or to any 742
1104-member who previously served on the governing body of the former 743
1105-Greater Miami Expressway Agency . Each member may only serve two 744
1106-terms of 4 years each , except that there is no restriction on 745
1107-the term of the department's district secretary . Four members, 746
1108-each of whom must be a permanent resident of Miami -Dade County, 747
1109-shall be appointed by the Governor, subject to confirmation by 748
1110-the Senate at the next regular session of the Legislature. 749
1111-Refusal or failure of the Senate to confirm an appointment shall 750
1112-ENROLLED
1113-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
1087+voting member of the governing body. 726
1088+ (b) Initial appointments to the governing body of the 727
1089+agency shall be made by July 31, 2019. For the initial 728
1090+appointments: 729
1091+ 1. The Governor shall appoin t one member for a term of 1 730
1092+year, one member for a term of 2 years, one member for a term of 731
1093+3 years, and one member for a term of 4 years. 732
1094+ 2. The board of county commissioners of Miami-Dade County 733
1095+shall appoint one member for a term of 1 year and one m ember for 734
1096+a term of 3 years. 735
1097+ 3. The metropolitan planning organization of Miami-Dade 736
1098+County shall appoint one member for a term of 2 years and one 737
1099+member for a term of 4 years. 738
1100+ Section 23. Effective upon this act becoming a law, 739
1101+paragraph (b) of subs ection (1), paragraph (f) of subsection 740
1102+(2), and subsections (6) and (8) of section 348.0306, Florida 741
1103+Statutes, are amended to read: 742
1104+ 348.0306 Purposes and powers. — 743
1105+ (1) 744
1106+ (b) The agency, in the construction of an expressway 745
1107+system, may shall construct expressways. Construction of an 746
1108+expressway system may be completed in segments, phases, or 747
1109+stages in a manner that will permit the expansion of these 748
1110+segments, phases, or stages to the desired expressway 749
1111+configuration. The agency, in the constru ction of an expressway 750
1112+
1113+CS/CS/CS/HB 1305, Engrossed 1 2023
11141114
11151115
11161116
11171117 CODING: Words stricken are deletions; words underlined are additions.
1118-hb1305-06-er
1119-Page 31 of 37
1118+hb1305-04-e1
1119+Page 31 of 36
11201120 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11211121
11221122
11231123
1124-create a vacancy one of whom must be a member of the 751
1125-metropolitan planning organization for the County . Appointments 752
1126-made by the Governor and board of county commissioners of Miami -753
1127-Dade County shall reflect the state's interests in the 754
1128-transportation sector and represent the intent, duties, and 755
1129-purpose of the Greater Miami Expressway Agency, and have at 756
1130-least 3 years of professional experience in one or more of the 757
1131-following areas: finance; land use planning; tolling industry; 758
1132-or transportation engineering. 759
1133-Two members, who must be residents of an unincorporated portion 760
1134-of the geographic area described in subsection (1) and residing 761
1135-within 15 miles of an area with the highest amount of agency 762
1136-toll roads, shall be appointed by the board of county 763
1137-commissioners of Miami -Dade County residing within 15 miles of 764
1138-an area with the highest amount of agency toll roads, shall be 765
1139-appointed by the board of county commissioners of the county . 766
1140-Two members, who must be residents of incorporated 767
1141-municipalities within a county served by the agency, shall be 768
1142-appointed by the metropolitan planning organization for a county 769
1143-served by the agency the county, shall be appointed by the 770
1144-metropolitan planning organization for the county . The district 771
1145-secretary of the department serving in the district that 772
1146-contains Miami-Dade the County shall serve as an ex officio 773
1147-voting member of the governin g body. 774
1148- (b) Initial appointments to the governing body of the 775
1149-ENROLLED
1150-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
1124+system, may construct any extensions of, additions to, or 751
1125+improvements to the expressway system or appurtenant facilities, 752
1126+including all necessary approaches, roads, bridges, and avenues 753
1127+of access, with such changes, modifications, o r revisions of the 754
1128+project that are deemed desirable and proper. For new capacity 755
1129+projects, the agency shall use the department's design standards 756
1130+and, to the maximum extent practicable, design facilities such 757
1131+as the department would for high -speed limited access 758
1132+facilities. The agency may only add additional expressways to an 759
1133+expressway system, under the terms and conditions set forth in 760
1134+this act, with the prior express written consent of the board of 761
1135+county commissioners of Miami-Dade the County or Monroe County, 762
1136+as applicable, and only if such additional expressways lack 763
1137+adequate committed funding for implementation, are financially 764
1138+feasible, and are compatible with the existing plans, projects, 765
1139+and programs of the agency. 766
1140+ (2) The agency may exercise al l powers necessary, 767
1141+appurtenant, convenient, or incidental to the carrying out of 768
1142+its purposes, including, but not limited to, the following 769
1143+rights and powers: 770
1144+ (f) To borrow money, make and issue negotiable notes, 771
1145+bonds, refund bonds, and other evidence of indebtedness of the 772
1146+agency, which bonds or other evidence of indebtedness may be 773
1147+issued pursuant to the State Bond Act or, in the alternative, 774
1148+pursuant to s. 348.0309(2) to finance or refinance additions, 775
1149+
1150+CS/CS/CS/HB 1305, Engrossed 1 2023
11511151
11521152
11531153
11541154 CODING: Words stricken are deletions; words underlined are additions.
1155-hb1305-06-er
1156-Page 32 of 37
1155+hb1305-04-e1
1156+Page 32 of 36
11571157 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11581158
11591159
11601160
1161-agency shall be made by July 31, 2019. For the initial 776
1162-appointments: 777
1163- 1. The Governor shall appoint one member for a term of 1 778
1164-year, one member for a term of 2 years, one member for a term of 779
1165-3 years, and one member for a term of 4 years. 780
1166- 2. The board of county commissioners of Miami-Dade County 781
1167-shall appoint one member for a term of 1 year and one member for 782
1168-a term of 3 years. 783
1169- 3. The metropolitan planning organization of Miami-Dade 784
1170-County shall appoint one member for a term of 2 years and one 785
1171-member for a term of 4 years. 786
1172- Section 24. Effective upon this act becoming a law, 787
1173-paragraph (b) of subsection (1), paragraph (f) of subsection 788
1174-(2), and subsections (6) and (8) of section 348.0306, Florida 789
1175-Statutes, are amended to read: 790
1176- 348.0306 Purposes and powers. — 791
1177- (1) 792
1178- (b) The agency, in the construction of an expressway 793
1179-system, may shall construct expressways. Construction of an 794
1180-expressway system may be completed in segments, phases, or 795
1181-stages in a manner that will permit the expansion of these 796
1182-segments, phases, or stages to the desired expressway 797
1183-configuration. The agency, in the constru ction of an expressway 798
1184-system, may construct any extensions of, additions to, or 799
1185-improvements to the expressway system or appurtenant facilities, 800
1186-ENROLLED
1187-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
1161+extensions, or improvements to the expressway sy stem within the 776
1162+geographic boundaries of the agency, and to provide for the 777
1163+security of the bonds or other evidence of indebtedness and the 778
1164+rights and remedies of the holders of the bonds or other 779
1165+evidence of indebtedness. Any bonds or other evidence of 780
1166+indebtedness pledging the full faith and credit of the state may 781
1167+only be issued pursuant to the State Bond Act. 782
1168+ 1. The agency shall reimburse the counties county in which 783
1169+it exists for any sums expended from any county gasoline tax 784
1170+funds used for payment o f such obligations. Any county gasoline 785
1171+tax funds so disbursed shall be repaid in accordance with the 786
1172+terms of any lease-purchase or interlocal agreement with any 787
1173+county or the department together with interest, at the rate 788
1174+agreed to in such agreement. In no event shall any county 789
1175+gasoline tax funds be more than a secondary pledge of revenues 790
1176+for repayment of any obligations issued pursuant to this part. 791
1177+ 2. The agency may refund any bonds previously issued, to 792
1178+the extent allowable by federal tax laws, to finance or 793
1179+refinance an expressway system located within the geographic 794
1180+boundaries of the agency regardless of whether the bonds being 795
1181+refunded were issued by such agency, an agency of the state, or 796
1182+a county. 797
1183+ (6) Notwithstanding subsection (3) or any oth er provision 798
1184+of law to the contrary, the agency may not undertake any 799
1185+construction that is not consistent with both the metropolitan 800
1186+
1187+CS/CS/CS/HB 1305, Engrossed 1 2023
11881188
11891189
11901190
11911191 CODING: Words stricken are deletions; words underlined are additions.
1192-hb1305-06-er
1193-Page 33 of 37
1192+hb1305-04-e1
1193+Page 33 of 36
11941194 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11951195
11961196
11971197
1198-including all necessary approaches, roads, bridges, and avenues 801
1199-of access, with such changes, modifications, o r revisions of the 802
1200-project that are deemed desirable and proper. For new capacity 803
1201-projects, the agency shall use the department's design standards 804
1202-and, to the maximum extent practicable, design facilities such 805
1203-as the department would for high -speed limited access 806
1204-facilities. The agency may only add additional expressways to an 807
1205-expressway system, under the terms and conditions set forth in 808
1206-this act, with the prior express written consent of the board of 809
1207-county commissioners of Miami-Dade the County or Monroe County, 810
1208-as applicable, and only if such additional expressways lack 811
1209-adequate committed funding for implementation, are financially 812
1210-feasible, and are compatible with the existing plans, projects, 813
1211-and programs of the agency. 814
1212- (2) The agency may exercise al l powers necessary, 815
1213-appurtenant, convenient, or incidental to the carrying out of 816
1214-its purposes, including, but not limited to, the following 817
1215-rights and powers: 818
1216- (f) To borrow money, make and issue negotiable notes, 819
1217-bonds, refund bonds, and other evidence of indebtedness of the 820
1218-agency, which bonds or other evidence of indebtedness may be 821
1219-issued pursuant to the State Bond Act or, in the alternative, 822
1220-pursuant to s. 348.0309(2) to finance or refinance additions, 823
1221-extensions, or improvements to the expressway sy stem within the 824
1222-geographic boundaries of the agency, and to provide for the 825
1223-ENROLLED
1224-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
1198+planning organization's transportation improvement program and 801
1199+the county's comprehensive plan in an area served by the age ncy. 802
1200+ (8) The governing body of a the county served by the 803
1201+agency may enter into an interlocal agreement with the agency 804
1202+pursuant to s. 163.01 for the joint performance or performance 805
1203+by either governmental entity of any corporate function of the 806
1204+county or agency necessary or appropriate to enable the agency 807
1205+to fulfill the powers and purposes of this part and promote the 808
1206+efficient and effective transportation of persons and goods in 809
1207+such county. 810
1208+ Section 24. Effective upon this act becoming a law, 811
1209+paragraph (c) of subsection (2) of section 348.0309, Florida 812
1210+Statutes, is amended to read: 813
1211+ 348.0309 Bonds.— 814
1212+ (2) 815
1213+ (c) Such bonds shall be sold by the agency at public sale 816
1214+by competitive bid. However, if the agency, after receipt of a 817
1215+written recommendation from a financial adviser, determines by 818
1216+official action after public hearing by a two -thirds vote of all 819
1217+voting members of the agency that a negotiated sale of the bonds 820
1218+is in the best interest of the agency, the agency may negotiate 821
1219+for sale of the bonds with the underwriter or underwriters 822
1220+designated by the agency and the counties county in which the 823
1221+agency exists. The agency shall provide specific findings in a 824
1222+resolution as to the reasons requiring the negotiated sale, 825
1223+
1224+CS/CS/CS/HB 1305, Engrossed 1 2023
12251225
12261226
12271227
12281228 CODING: Words stricken are deletions; words underlined are additions.
1229-hb1305-06-er
1230-Page 34 of 37
1229+hb1305-04-e1
1230+Page 34 of 36
12311231 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12321232
12331233
12341234
1235-security of the bonds or other evidence of indebtedness and the 826
1236-rights and remedies of the holders of the bonds or other 827
1237-evidence of indebtedness. Any bonds or other evidence of 828
1238-indebtedness pledging the full faith and credit of the state may 829
1239-only be issued pursuant to the State Bond Act. 830
1240- 1. The agency shall reimburse the counties county in which 831
1241-it exists for any sums expended from any county gasoline tax 832
1242-funds used for payment o f such obligations. Any county gasoline 833
1243-tax funds so disbursed shall be repaid in accordance with the 834
1244-terms of any lease-purchase or interlocal agreement with any 835
1245-county or the department together with interest, at the rate 836
1246-agreed to in such agreement. In no event shall any county 837
1247-gasoline tax funds be more than a secondary pledge of revenues 838
1248-for repayment of any obligations issued pursuant to this part. 839
1249- 2. The agency may refund any bonds previously issued, to 840
1250-the extent allowable by federal tax laws, to finance or 841
1251-refinance an expressway system located within the geographic 842
1252-boundaries of the agency regardless of whether the bonds being 843
1253-refunded were issued by such agency, an agency of the state, or 844
1254-a county. 845
1255- (6) Notwithstanding subsection (3) or any oth er provision 846
1256-of law to the contrary, the agency may not undertake any 847
1257-construction that is not consistent with both the metropolitan 848
1258-planning organization's transportation improvement program and 849
1259-the county's comprehensive plan in an area served by the age ncy. 850
1260-ENROLLED
1261-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
1235+which resolution shall incorporate and have attached thereto the 826
1236+written recommendation of the financial adviser requir ed by this 827
1237+subsection. 828
1238+ Section 25. Effective upon this act becoming a law, 829
1239+subsection (2) of section 348.0315, Florida Statutes, is amended 830
1240+to read: 831
1241+ 348.0315 Public accountability. — 832
1242+ (2) Beginning October 1, 2024 2020, and annually 833
1243+thereafter, the agency shall submit to the metropolitan planning 834
1244+organization for each the county served by the agency a report 835
1245+providing information regarding the amount of tolls collected 836
1246+and how those tolls were used in the agency's previous fiscal 837
1247+year. The report shal l be posted on the agency's website. 838
1248+ Section 26. Effective upon this act becoming a law, 839
1249+subsection (1) of section 348.0318, Florida Statutes, is amended 840
1250+to read: 841
1251+ 348.0318 This part complete and additional authority. — 842
1252+ (1) The powers conferred by th is part are in addition and 843
1253+supplemental to the existing powers of the department and the 844
1254+governing body of the agency, and this part may not be construed 845
1255+as repealing any of the provisions of any other law, general, 846
1256+special, or local, but to supersede suc h other laws in the 847
1257+exercise of the powers provided in this part and to provide a 848
1258+complete method for the exercise of the powers granted in this 849
1259+part. The extension and improvement of the expressway system, 850
1260+
1261+CS/CS/CS/HB 1305, Engrossed 1 2023
12621262
12631263
12641264
12651265 CODING: Words stricken are deletions; words underlined are additions.
1266-hb1305-06-er
1267-Page 35 of 37
1266+hb1305-04-e1
1267+Page 35 of 36
12681268 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12691269
12701270
12711271
1272- (8) The governing body of a the county served by the 851
1273-agency may enter into an interlocal agreement with the agency 852
1274-pursuant to s. 163.01 for the joint performance or performance 853
1275-by either governmental entity of any corporate function of the 854
1276-county or agency necessary or appropriate to enable the agency 855
1277-to fulfill the powers and purposes of this part and promote the 856
1278-efficient and effective transportation of persons and goods in 857
1279-such county. 858
1280- Section 25. Effective upon this act becoming a law, 859
1281-paragraph (c) of subsection (2) of section 348.0309, Florida 860
1282-Statutes, is amended to read: 861
1283- 348.0309 Bonds.— 862
1284- (2) 863
1285- (c) Such bonds shall be sold by the agency at public sale 864
1286-by competitive bid. However, if the agency, after receipt of a 865
1287-written recommendation from a financial adviser, determines by 866
1288-official action after public hearing by a two -thirds vote of all 867
1289-voting members of the agency that a negotiated sale of the bonds 868
1290-is in the best interest of the agency, the agency may negotiate 869
1291-for sale of the bonds with the underwriter or underwriters 870
1292-designated by the agency and the counties county in which the 871
1293-agency exists. The agency shall provide specific findings in a 872
1294-resolution as to the reasons requiring the negotiated sale, 873
1295-which resolution shall incorporate and have attached thereto the 874
1296-written recommendation of the financial adviser required by this 875
1297-ENROLLED
1298-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
1272+and the issuance of bonds pursuant to this part t o finance all 851
1273+or part of the cost of the system, may be accomplished upon 852
1274+compliance with the provisions of this part without regard to or 853
1275+necessity for compliance with the provisions, limitations, or 854
1276+restrictions contained in any other general, special, o r local 855
1277+law, including, but not limited to, s. 215.821, and no approval 856
1278+of any bonds issued under this part by the qualified electors or 857
1279+qualified electors who are freeholders in the state or in Miami -858
1280+Dade County, in Monroe County, or in any other politica l 859
1281+subdivision of the state, is required for the issuance of such 860
1282+bonds pursuant to this part, including, but not limited to, s. 861
1283+215.821. 862
1284+ Section 27. Effective upon this act becoming a law, 863
1285+subsection (5) is added to section 189.072, Florida Statutes, t o 864
1286+read: 865
1287+ 189.072 Dissolution of an independent special district. —866
1288+ (5) The provisions of this section do not apply to any 867
1289+entity created pursuant to the Florida Expressway Authority Act, 868
1290+derived from chapter 90 -136, Laws of Florida, and subsequently 869
1291+repealed by chapter 2019-169, Laws of Florida. 870
1292+ Section 28. The Division of Law Revision is directed to 871
1293+replace the phrase "the effective date of this act" wherever it 872
1294+occurs in this act with the date this act becomes a law. 873
1295+ Section 29. Except as otherwi se expressly provided in this 874
1296+act and except for this section, which shall take effect upon 875
1297+
1298+CS/CS/CS/HB 1305, Engrossed 1 2023
12991299
13001300
13011301
13021302 CODING: Words stricken are deletions; words underlined are additions.
1303-hb1305-06-er
1304-Page 36 of 37
1303+hb1305-04-e1
1304+Page 36 of 36
13051305 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13061306
13071307
13081308
1309-subsection. 876
1310- Section 26. Effective upon this act becoming a law, 877
1311-subsection (2) of section 348.0315, Florida Statutes, is amended 878
1312-to read: 879
1313- 348.0315 Public accountability.— 880
1314- (2) Beginning October 1, 2024 2020, and annually 881
1315-thereafter, the agency shall submit to the metropolitan planning 882
1316-organization for each the county served by the agency a report 883
1317-providing information regarding the amount of tolls collecte d 884
1318-and how those tolls were used in the agency's previous fiscal 885
1319-year. The report shall be posted on the agency's website. 886
1320- Section 27. Effective upon this act becoming a law, 887
1321-subsection (1) of section 348.0318, Florida Statutes, is amended 888
1322-to read: 889
1323- 348.0318 This part complete and additional authority. — 890
1324- (1) The powers conferred by this part are in addition and 891
1325-supplemental to the existing powers of the department and the 892
1326-governing body of the agency, and this part may not be construed 893
1327-as repealing any of the provisions of any other law, general, 894
1328-special, or local, but to supersede such other laws in the 895
1329-exercise of the powers provided in this part and to provide a 896
1330-complete method for the exercise of the powers granted in this 897
1331-part. The extension and im provement of the expressway system, 898
1332-and the issuance of bonds pursuant to this part to finance all 899
1333-or part of the cost of the system, may be accomplished upon 900
1334-ENROLLED
1335-CS/CS/CS/HB 1305, Engrossed 2 2023 Legislature
1336-
1337-
1338-
1339-CODING: Words stricken are deletions; words underlined are additions.
1340-hb1305-06-er
1341-Page 37 of 37
1342-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
1343-
1344-
1345-
1346-compliance with the provisions of this part without regard to or 901
1347-necessity for compliance with th e provisions, limitations, or 902
1348-restrictions contained in any other general, special, or local 903
1349-law, including, but not limited to, s. 215.821, and no approval 904
1350-of any bonds issued under this part by the qualified electors or 905
1351-qualified electors who are freehol ders in the state or in Miami -906
1352-Dade County, in Monroe County, or in any other political 907
1353-subdivision of the state, is required for the issuance of such 908
1354-bonds pursuant to this part, including, but not limited to, s. 909
1355-215.821. 910
1356- Section 28. Effective upon thi s act becoming a law, 911
1357-subsection (5) is added to section 189.072, Florida Statutes, to 912
1358-read: 913
1359- 189.072 Dissolution of an independent special district. —914
1360- (5) The provisions of this section do not apply to any 915
1361-entity created pursuant to the Florida Expresswa y Authority Act, 916
1362-derived from chapter 90 -136, Laws of Florida, and subsequently 917
1363-repealed by chapter 2019 -169, Laws of Florida. 918
1364- Section 29. The Division of Law Revision is directed to 919
1365-replace the phrase "the effective date of this act" wherever it 920
1366-occurs in this act with the date this act becomes a law. 921
1367- Section 30. Except as otherwise expressly provided in this 922
1368-act and except for this section, which shall take effect upon 923
1369-this act becoming a law, this act shall take effect July 1, 924
1370-2023. 925
1309+this act becoming a law, this act shall take effect July 1, 876
1310+2023. 877