Florida Senate - 2023 CS for SB 1250 By the Committee on Transportation; and Senator DiCeglie 596-02755-23 20231250c1 1 A bill to be entitled 2 An act relating to the Department of Transportation; 3 amending s. 287.057, F.S.; revising the contractual 4 services and commodities that are not subject to 5 specified competitive-solicitation requirements; 6 amending s. 288.9606, F.S.; providing construction 7 regarding the proceeds of bonds of the Florida 8 Development Finance Corporation; revising purposes for 9 which the corporation may, without certain 10 authorization from a public agency, issue revenue 11 bonds or other evidence of indebtedness; amending s. 12 311.101, F.S.; authorizing the department to provide 13 up to 100 percent of project costs for certain 14 eligible projects in rural areas of opportunity; 15 amending s. 316.0777, F.S.; defining the term law 16 enforcement agency; authorizing installation of an 17 automated license plate recognition system within the 18 right-of-way of any road on the State Highway System 19 for a specified purpose; providing that such 20 installations are solely within the departments 21 discretion and must be in accordance with placement 22 and installation guidelines developed by the 23 department; requiring removal of such a system within 24 a specified timeframe at the expense of the requesting 25 law enforcement agency upon notification by the 26 department; providing that the department is not 27 liable for any damages resulting from the requesting 28 law enforcement agencys operation of such a system; 29 providing for a maximum period of retention of certain 30 records generated through the use of an automated 31 license plate recognition system; amending s. 332.007, 32 F.S.; authorizing the department, subject to the 33 availability of appropriated funds, to fund certain 34 projects at specified publicly owned, publicly 35 operated airports with no scheduled commercial 36 service; providing prioritization criteria; providing 37 for allocation of any remaining funds; amending s. 38 330.29, F.S.; requiring that department rules 39 governing public airport site approval include a 40 specified requirement relating to a memorandum of 41 understanding or letter of agreement regarding air 42 traffic pattern separation procedures between 43 specified parties; providing applicability; amending 44 s. 334.044, F.S.; revising the departments powers and 45 duties; amending s. 337.11, F.S.; increasing the 46 maximum cost of contracts for construction and 47 maintenance the department may enter into without 48 advertising and receiving competitive bids; amending 49 s. 339.135, F.S.; abrogating the expiration of 50 provisions authorizing the approval of certain work 51 program amendments submitted by the department; 52 amending s. 341.052, F.S.; requiring that public 53 transportation development plans of eligible providers 54 of public transit block grants be consistent with the 55 long-range transportation plans of the metropolitan 56 planning area in which the providers are located; 57 amending s. 341.071, F.S.; revising requirements of 58 annual public transit provider reports; requiring each 59 public transit provider to publish on its website, 60 rather than in the local newspaper, certain 61 performance measures; repealing part IV of ch. 348, 62 F.S., relating to the Santa Rosa Bay Bridge Authority; 63 transferring the governance and control of the Santa 64 Rosa Bay Bridge Authority to the department; 65 transferring the remaining assets, facilities, 66 property, and property rights of the authority to the 67 department; providing that the department succeeds to 68 all powers of the authority; authorizing the 69 department to review other contracts, financial 70 obligations, and contractual obligations and 71 liabilities of the authority and to assume legal 72 liability for such obligations determined by the 73 department to be necessary for the continued operation 74 of the bridge system; authorizing the department to 75 transfer the bridge system, or any portion thereof, to 76 become part of the turnpike system; providing 77 effective dates. 78 79 Be It Enacted by the Legislature of the State of Florida: 80 81 Section 1.Paragraph (e) of subsection (3) of section 82 287.057, Florida Statutes, is amended to read: 83 287.057Procurement of commodities or contractual 84 services. 85 (3)If the purchase price of commodities or contractual 86 services exceeds the threshold amount provided in s. 287.017 for 87 CATEGORY TWO, purchase of commodities or contractual services 88 may not be made without receiving competitive sealed bids, 89 competitive sealed proposals, or competitive sealed replies 90 unless: 91 (e)The following contractual services and commodities are 92 not subject to the competitive-solicitation requirements of this 93 section: 94 1.Artistic services. As used in this subsection, the term 95 artistic services does not include advertising or typesetting. 96 As used in this subparagraph, the term advertising means the 97 making of a representation in any form in connection with a 98 trade, business, craft, or profession in order to promote the 99 supply of commodities or services by the person promoting the 100 commodities or contractual services. 101 2.Academic program reviews if the fee for such services 102 does not exceed $50,000. 103 3.Lectures by individuals. 104 4.Legal services, including attorney, paralegal, expert 105 witness, appraisal, or mediator services. 106 5.Health services involving examination, diagnosis, 107 treatment, prevention, medical consultation, or administration. 108 The term also includes, but is not limited to, substance abuse 109 and mental health services involving examination, diagnosis, 110 treatment, prevention, or medical consultation if such services 111 are offered to eligible individuals participating in a specific 112 program that qualifies multiple providers and uses a standard 113 payment methodology. Reimbursement of administrative costs for 114 providers of services purchased in this manner are also exempt. 115 For purposes of this subparagraph, the term providers means 116 health professionals and health facilities, or organizations 117 that deliver or arrange for the delivery of health services. 118 6.Services provided to persons with mental or physical 119 disabilities by not-for-profit corporations that have obtained 120 exemptions under s. 501(c)(3) of the United States Internal 121 Revenue Code or when such services are governed by Office of 122 Management and Budget Circular A-122. However, in acquiring such 123 services, the agency shall consider the ability of the vendor, 124 past performance, willingness to meet time requirements, and 125 price. 126 7.Medicaid services delivered to an eligible Medicaid 127 recipient unless the agency is directed otherwise in law. 128 8.Family placement services. 129 9.Prevention services related to mental health, including 130 drug abuse prevention programs, child abuse prevention programs, 131 and shelters for runaways, operated by not-for-profit 132 corporations. However, in acquiring such services, the agency 133 shall consider the ability of the vendor, past performance, 134 willingness to meet time requirements, and price. 135 10.Training and education services provided to injured 136 employees pursuant to s. 440.491(6). 137 11.Contracts entered into pursuant to s. 337.11. 138 12.Services or commodities provided by governmental 139 entities. 140 13.Statewide public service announcement programs provided 141 by a Florida statewide nonprofit corporation under s. 501(c)(6) 142 of the Internal Revenue Code which have a guaranteed documented 143 match of at least $3 to $1. 144 14.Rating agency services. 145 Section 2.Subsections (6) and (7) of section 288.9606, 146 Florida Statutes, are amended to read: 147 288.9606Issue of revenue bonds. 148 (6)The proceeds of any bonds of the corporation may not be 149 used, in any manner, to acquire any building or facility that 150 will be, during the pendency of the financing, used by, occupied 151 by, leased to, or paid for by any state, county, or municipal 152 agency or entity. This subsection does not prohibit the use of 153 proceeds of bonds of the corporation for the purpose of 154 financing the acquisition or construction of a transportation 155 facility under a public-private partnership agreement authorized 156 under s. 334.30. 157 (7)Notwithstanding any provision of this section, the 158 corporation in its corporate capacity may, without authorization 159 from a public agency under s. 163.01(7), issue revenue bonds or 160 other evidence of indebtedness under this section to: 161 (a)Finance the undertaking of any project within the state 162 that promotes renewable energy as defined in s. 366.91 or s. 163 377.803; 164 (b)Finance the undertaking of any project within the state 165 that is a project contemplated or allowed under s. 406 of the 166 American Recovery and Reinvestment Act of 2009; or 167 (c)If permitted by federal law, finance qualifying 168 improvement projects within the state under s. 163.08; or 169 (d)Finance the costs of acquisition or construction of a 170 transportation facility by a private entity or consortium of 171 private entities under a public-private partnership agreement 172 authorized under s. 334.30. 173 Section 3.Subsection (6) of section 311.101, Florida 174 Statutes, is amended to read: 175 311.101Intermodal Logistics Center Infrastructure Support 176 Program. 177 (6)The department shall provide up to 50 percent of 178 project costs for eligible projects. For eligible projects in 179 rural areas of opportunity designated in accordance with s. 180 288.0656(7)(a), the department may provide up to 100 percent of 181 project costs. 182 Section 4.Section 316.0777, Florida Statutes, is amended 183 to read: 184 316.0777Automated license plate recognition systems; 185 installation within the rights-of-way of the State Highway 186 System; public records exemption. 187 (1)As used in this section, the term: 188 (a)Active, criminal intelligence information, and 189 criminal investigative information have the same meanings as 190 provided in s. 119.011(3). 191 (b)Agency has the same meaning as provided in s. 192 119.011. 193 (c)Automated license plate recognition system means a 194 system of one or more mobile or fixed high-speed cameras 195 combined with computer algorithms to convert images of license 196 plates into computer-readable data. 197 (d)Criminal justice agency has the same meaning as 198 provided in s. 119.011. 199 (2)(a)For purposes of this subsection, the term law 200 enforcement agency means an agency that has a primary mission 201 of preventing and detecting crime and enforcing state penal, 202 criminal, traffic, and motor vehicle laws and in furtherance of 203 that mission employs law enforcement officers as defined in s. 204 943.10(1). 205 (b)At the discretion of the Department of Transportation, 206 an automated license plate recognition system may be installed 207 within the rights-of-way, as defined in s. 334.03(21), of any 208 road on the State Highway System when installed at the request 209 of a law enforcement agency for the purpose of collecting active 210 criminal intelligence information or active criminal 211 investigative information as those terms are described in s. 212 119.011(3). Such installations must be in accordance with 213 placement and installation guidelines developed by the 214 Department of Transportation. An automated license plate 215 recognition system must be removed within 30 days after the 216 Department of Transportation notifies the requesting law 217 enforcement agency that such removal must occur. 218 (c)Installation and removal of an automated license plate 219 recognition system is at the sole expense of the requesting law 220 enforcement agency. The Department of Transportation is not 221 liable for any damages caused to any person by the requesting 222 law enforcement agencys operation of such a system. 223 (d)Records containing images and data generated through 224 use of an automated license plate recognition system may not be 225 retained longer than the maximum period provided in the 226 retention schedule established pursuant to s. 316.0778. 227 (3)(2)The following information held by an agency is 228 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 229 of the State Constitution: 230 (a)Images and data containing or providing personal 231 identifying information obtained through the use of an automated 232 license plate recognition system. 233 (b)Personal identifying information of an individual in 234 data generated or resulting from images obtained through the use 235 of an automated license plate recognition system. 236 (4)(3)Such information may be disclosed as follows: 237 (a)Any such information may be disclosed by or to a 238 criminal justice agency in the performance of the criminal 239 justice agencys official duties. 240 (b)Any such information relating to a license plate 241 registered to an individual may be disclosed to the individual, 242 unless such information constitutes active criminal intelligence 243 information or active criminal investigative information. 244 (5)(4)This exemption applies to such information held by 245 an agency before, on, or after the effective date of this 246 exemption. 247 Section 5.Subsection (10) is added to section 332.007, 248 Florida Statutes, to read: 249 332.007Administration and financing of aviation and 250 airport programs and projects; state plan. 251 (10)Subject to the availability of appropriated funds, and 252 unless otherwise provided in the General Appropriations Act or 253 the substantive bill implementing the General Appropriations 254 Act, the department may fund all of the following at a publicly 255 owned, publicly operated airport located in a rural community as 256 defined in s. 288.0656 which does not have any scheduled 257 commercial service: 258 (a)The capital cost of runway and taxiway projects that 259 add capacity. Such projects must be prioritized based on the 260 amount of available nonstate matching funds. 261 (b)Economic development transportation projects pursuant 262 to s. 339.2821. 263 264 Any remaining funds must be allocated for projects specified in 265 subsection (6). 266 Section 6.Subsection (4) of section 330.29, Florida 267 Statutes, is amended to read: 268 330.29Administration and enforcement; rules; requirements 269 for airport sites and airports.It is the duty of the department 270 to: 271 (4)Adopt rules pursuant to ss. 120.536(1) and 120.54 to 272 implement the provisions of this chapter. The department rules 273 governing public airport site approval must include a 274 requirement that an applicant provide a copy of a written 275 memorandum of understanding or letter of agreement regarding air 276 traffic pattern separation procedures between the parties 277 representing a proposed airport and any existing airport or any 278 approved airport site located within 3 miles of the proposed 279 site, which must be signed by each of the respective parties. 280 The requirement applies only if such memorandum or letter is 281 required by the final Federal Aviation Administration airspace 282 determination letter or is deemed necessary by the department. 283 Section 7.Subsection (5) of section 334.044, Florida 284 Statutes, is amended, and subsection (36) is added to that 285 section, to read: 286 334.044Powers and duties of the department.The department 287 shall have the following general powers and duties: 288 (5)To purchase, lease, or otherwise acquire property and 289 materials, including the purchase of promotional items as part 290 of public information and education campaigns for the promotion 291 of scenic highways, traffic and train safety awareness, 292 alternatives to single-occupant vehicle travel, and commercial 293 motor vehicle safety, electric vehicle use and charging 294 stations, autonomous vehicles, and context design for electric 295 vehicles and autonomous vehicles; to purchase, lease, or 296 otherwise acquire equipment and supplies; and to sell, exchange, 297 or otherwise dispose of any property that is no longer needed by 298 the department. 299 (36)To expend funds, within the departments discretion, 300 for training, testing, and licensing for full-time employees of 301 the department who are required to have a valid Class A or Class 302 B commercial driver license as a condition of employment with 303 the department. 304 Section 8.Paragraph (c) of subsection (6) of section 305 337.11, Florida Statutes, is amended to read: 306 337.11Contracting authority of department; bids; emergency 307 repairs, supplemental agreements, and change orders; combined 308 design and construction contracts; progress payments; records; 309 requirements of vehicle registration. 310 (6) 311 (c)When the department determines that it is in the best 312 interest of the public for reasons of public concern, economy, 313 improved operations, or safety, and only when circumstances 314 dictate rapid completion of the work, the department may, up to 315 the amount of $500,000 $250,000, enter into contracts for 316 construction and maintenance without advertising and receiving 317 competitive bids. The department may enter into such contracts 318 only upon a determination that the work is necessary for one of 319 the following reasons: 320 1.To ensure timely completion of projects or avoidance of 321 undue delay for other projects; 322 2.To accomplish minor repairs or construction and 323 maintenance activities for which time is of the essence and for 324 which significant cost savings would occur; or 325 3.To accomplish nonemergency work necessary to ensure 326 avoidance of adverse conditions that affect the safe and 327 efficient flow of traffic. 328 329 The department shall make a good faith effort to obtain two or 330 more quotes, if available, from qualified contractors before 331 entering into any contract. The department shall give 332 consideration to disadvantaged business enterprise 333 participation. However, when the work exists within the limits 334 of an existing contract, the department shall make a good faith 335 effort to negotiate and enter into a contract with the prime 336 contractor on the existing contract. 337 Section 9.Paragraph (h) of subsection (7) of section 338 339.135, Florida Statutes, is amended to read: 339 339.135Work program; legislative budget request; 340 definitions; preparation, adoption, execution, and amendment. 341 (7)AMENDMENT OF THE ADOPTED WORK PROGRAM. 342 (h)1.Any work program amendment that also adds a new 343 project, or phase thereof, to the adopted work program in excess 344 of $3 million is subject to approval by the Legislative Budget 345 Commission. Any work program amendment submitted under this 346 paragraph must include, as supplemental information, a list of 347 projects, or phases thereof, in the current 5-year adopted work 348 program which are eligible for the funds within the 349 appropriation category being used for the proposed amendment. 350 The department shall provide a narrative with the rationale for 351 not advancing an existing project, or phase thereof, in lieu of 352 the proposed amendment. 353 2.If the department submits an amendment to the 354 Legislative Budget Commission and the commission does not meet 355 or consider the amendment within 30 days after its submittal, 356 the chair and vice chair of the commission may authorize the 357 amendment to be approved pursuant to s. 216.177. This 358 subparagraph expires July 1, 2023. 359 Section 10.Subsection (1) of section 341.052, Florida 360 Statutes, is amended to read: 361 341.052Public transit block grant program; administration; 362 eligible projects; limitation. 363 (1)There is created a public transit block grant program 364 which shall be administered by the department. Block grant funds 365 shall only be provided to Section 9 providers and Section 18 366 providers designated by the United States Department of 367 Transportation and community transportation coordinators as 368 defined in chapter 427. Eligible providers must establish public 369 transportation development plans consistent, to the maximum 370 extent feasible, with approved local government comprehensive 371 plans of the units of local government in which the provider is 372 located and the long-range transportation plans of the 373 metropolitan planning area in which the provider is located. In 374 developing public transportation development plans, eligible 375 providers must solicit comments from local workforce development 376 boards established under chapter 445. The development plans must 377 address how the public transit provider will work with the 378 appropriate local workforce development board to provide 379 services to participants in the welfare transition program. 380 Eligible providers must provide information to the local 381 workforce development board serving the county in which the 382 provider is located regarding the availability of transportation 383 services to assist program participants. 384 Section 11.Subsections (2) and (3) of section 341.071, 385 Florida Statutes, are amended to read: 386 341.071Transit productivity and performance measures; 387 reports. 388 (2)Each public transit provider shall establish 389 productivity and performance measures, which must be approved by 390 the department and which must be selected from measures 391 developed pursuant to s. 341.041(3). Each provider shall, by 392 January 31 of each year, report to the department relative to 393 these measures. In approving these measures, the department 394 shall give consideration to the goals and objectives of each 395 system, the needs of the local area, and the role for public 396 transit in the local area. The report must include the shall 397 also specifically address potential enhancements to productivity 398 and performance which would have the effect of increasing 399 farebox recovery ratio. 400 (3)Each public transit provider shall publish on its 401 website in the local newspaper of its area the productivity and 402 performance measures established for the year and a report that 403 which provides quantitative data relative to the attainment of 404 established productivity and performance measures. 405 Section 12.Effective upon this act becoming a law, part IV 406 of chapter 348, Florida Statutes, consisting of sections 407 348.965, 348.966, 348.967, 348.968, 348.969, 348.97, 348.971, 408 348.972, 348.973, 348.974, 348.9751, 348.9761, 348.9771, and 409 348.9781, Florida Statutes, is repealed. 410 Section 13.Effective upon this act becoming a law, the 411 governance and control of the Santa Rosa Bay Bridge Authority is 412 transferred to the Department of Transportation. 413 (1)Since the Santa Rosa Bay Bridge Authoritys bridge 414 system was transferred to the department under the terms of the 415 lease-purchase agreement and a settlement agreement between the 416 department and the authority which was effective as of the close 417 of business on June 30, 2022, any remaining assets, facilities, 418 tangible and intangible property, and any rights in such 419 property, and other legal rights of the authority are 420 transferred to the department. The department succeeds to all 421 powers of the authority. The department may review other 422 contracts, financial obligations, and contractual obligations 423 and liabilities of the authority and may assume legal liability 424 for such obligations that are determined by the department to be 425 necessary for the continued operation of the bridge system. 426 (2)The bridge system, or any portion thereof, may be 427 transferred by the department and become part of the turnpike 428 system under the Florida Turnpike Enterprise Law, ss. 338.22 429 338.241, Florida Statutes. 430 Section 14.Except as otherwise expressly provided in this 431 act and except for this section, which shall take effect upon 432 this act becoming a law, this act shall take effect July 1, 433 2023.