Florida Senate - 2023 CS for CS for SB 1250 By the Appropriations Committee on Transportation, Tourism, and Economic Development; the Committee on Transportation; and Senator DiCeglie 606-03749-23 20231250c2 1 A bill to be entitled 2 An act relating to the Department of Transportation; 3 amending s. 288.9606, F.S.; providing construction 4 regarding the proceeds of bonds of the Florida 5 Development Finance Corporation; revising purposes for 6 which the corporation may, without certain 7 authorization from a public agency, issue revenue 8 bonds or other evidence of indebtedness; amending s. 9 311.101, F.S.; authorizing the department to provide 10 up to 100 percent of project costs for certain 11 eligible projects in rural areas of opportunity; 12 amending s. 316.0777, F.S.; defining the term law 13 enforcement agency; authorizing installation of an 14 automated license plate recognition system within the 15 right-of-way of any road on the State Highway System 16 for a specified purpose; providing that such 17 installations are solely within the departments 18 discretion and must be in accordance with placement 19 and installation guidelines developed by the 20 department; prohibiting use of an automated license 21 plate recognition system to issue a notice of 22 violation or a traffic citation; requiring removal of 23 such a system within a specified timeframe at the 24 expense of the requesting law enforcement agency upon 25 notification by the department; providing that the 26 department is not liable for any damages resulting 27 from the requesting law enforcement agencys operation 28 of such a system; providing for a maximum period of 29 retention of certain records generated through the use 30 of an automated license plate recognition system; 31 amending s. 330.30, F.S.; prohibiting the department 32 from requiring an applicant to provide a written 33 memorandum of understanding or letter of agreement 34 with other airport sites regarding air traffic pattern 35 separation procedures under certain circumstances; 36 providing exceptions; amending s. 332.007, F.S.; 37 authorizing the department, subject to the 38 availability of appropriated funds, to fund up to 100 39 percent of eligible project costs of certain projects 40 at specified publicly owned, publicly operated 41 airports with no scheduled commercial service; 42 providing prioritization criteria; providing for 43 allocation of any remaining funds; amending s. 44 334.044, 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. 339.175, F.S.; abolishing the Chairs 53 Coordinating Committee; requiring metropolitan 54 planning organizations serving specified counties to 55 submit a certain feasibility report by a specified 56 date, with certain goals; amending s. 341.052, F.S.; 57 requiring that public transportation development plans 58 of eligible providers of public transit block grants 59 be consistent with the long-range transportation plans 60 of the metropolitan planning area in which the 61 providers are located; amending s. 341.071, F.S.; 62 revising requirements of annual public transit 63 provider reports; requiring each public transit 64 provider to publish on its website, rather than in the 65 local newspaper, certain performance measures; 66 repealing part IV of ch. 348, F.S., relating to the 67 Santa Rosa Bay Bridge Authority; transferring the 68 governance and control of the Santa Rosa Bay Bridge 69 Authority to the department; transferring the 70 remaining assets, facilities, property, and property 71 rights of the authority to the department; providing 72 that the department succeeds to all powers of the 73 authority; authorizing the department to review other 74 contracts, financial obligations, and contractual 75 obligations and liabilities of the authority and to 76 assume legal liability for such obligations determined 77 by the department to be necessary for the continued 78 operation of the bridge system; authorizing the 79 department to transfer the bridge system, or any 80 portion thereof, to become part of the turnpike 81 system; providing effective dates. 82 83 Be It Enacted by the Legislature of the State of Florida: 84 85 Section 1.Subsections (6) and (7) of section 288.9606, 86 Florida Statutes, are amended to read: 87 288.9606Issue of revenue bonds. 88 (6)The proceeds of any bonds of the corporation may not be 89 used, in any manner, to acquire any building or facility that 90 will be, during the pendency of the financing, used by, occupied 91 by, leased to, or paid for by any state, county, or municipal 92 agency or entity. This subsection does not prohibit the use of 93 proceeds of bonds of the corporation for the purpose of 94 financing the acquisition or construction of a transportation 95 facility under a public-private partnership agreement authorized 96 under s. 334.30. 97 (7)Notwithstanding any provision of this section, the 98 corporation in its corporate capacity may, without authorization 99 from a public agency under s. 163.01(7), issue revenue bonds or 100 other evidence of indebtedness under this section to: 101 (a)Finance the undertaking of any project within the state 102 that promotes renewable energy as defined in s. 366.91 or s. 103 377.803; 104 (b)Finance the undertaking of any project within the state 105 that is a project contemplated or allowed under s. 406 of the 106 American Recovery and Reinvestment Act of 2009; or 107 (c)If permitted by federal law, finance qualifying 108 improvement projects within the state under s. 163.08; or 109 (d)Finance the costs of acquisition or construction of a 110 transportation facility by a private entity or consortium of 111 private entities under a public-private partnership agreement 112 authorized under s. 334.30. 113 Section 2.Subsection (6) of section 311.101, Florida 114 Statutes, is amended to read: 115 311.101Intermodal Logistics Center Infrastructure Support 116 Program. 117 (6)The department shall provide up to 50 percent of 118 project costs for eligible projects. For eligible projects in 119 rural areas of opportunity designated in accordance with s. 120 288.0656(7)(a), the department may provide up to 100 percent of 121 project costs. 122 Section 3.Section 316.0777, Florida Statutes, is amended 123 to read: 124 316.0777Automated license plate recognition systems; 125 installation within the rights-of-way of the State Highway 126 System; public records exemption. 127 (1)As used in this section, the term: 128 (a)Active, criminal intelligence information, and 129 criminal investigative information have the same meanings as 130 provided in s. 119.011(3). 131 (b)Agency has the same meaning as provided in s. 132 119.011. 133 (c)Automated license plate recognition system means a 134 system of one or more mobile or fixed high-speed cameras 135 combined with computer algorithms to convert images of license 136 plates into computer-readable data. 137 (d)Criminal justice agency has the same meaning as 138 provided in s. 119.011. 139 (2)(a)As used in this subsection, the term law 140 enforcement agency means an agency that has a primary mission 141 of preventing and detecting crime and enforcing state penal, 142 criminal, traffic, and motor vehicle laws and in furtherance of 143 that mission employs law enforcement officers as defined in s. 144 943.10(1). 145 (b)At the discretion of the Department of Transportation, 146 an automated license plate recognition system may be installed 147 within the rights-of-way, as defined in s. 334.03(21), of any 148 road on the State Highway System when installed at the request 149 of a law enforcement agency for the purpose of collecting active 150 criminal intelligence information or active criminal 151 investigative information as those terms are described in s. 152 119.011(3). Such installations must be in accordance with 153 placement and installation guidelines developed by the 154 Department of Transportation. An automated license plate 155 recognition system may not be used to issue a notice of 156 violation or a traffic citation. An automated license plate 157 recognition system must be removed within 30 days after the 158 Department of Transportation notifies the requesting law 159 enforcement agency that such removal must occur. 160 (c)Installation and removal of an automated license plate 161 recognition system is at the sole expense of the requesting law 162 enforcement agency. The Department of Transportation is not 163 liable for any damages caused to any person by the requesting 164 law enforcement agencys operation of such a system. 165 (d)Records containing images and data generated through 166 use of an automated license plate recognition system may not be 167 retained longer than the maximum period provided in the 168 retention schedule established pursuant to s. 316.0778. 169 (3)(2)The following information held by an agency is 170 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 171 of the State Constitution: 172 (a)Images and data containing or providing personal 173 identifying information obtained through the use of an automated 174 license plate recognition system. 175 (b)Personal identifying information of an individual in 176 data generated or resulting from images obtained through the use 177 of an automated license plate recognition system. 178 (4)(3)Such information may be disclosed as follows: 179 (a)Any such information may be disclosed by or to a 180 criminal justice agency in the performance of the criminal 181 justice agencys official duties. 182 (b)Any such information relating to a license plate 183 registered to an individual may be disclosed to the individual, 184 unless such information constitutes active criminal intelligence 185 information or active criminal investigative information. 186 (5)(4)This exemption applies to such information held by 187 an agency before, on, or after the effective date of this 188 exemption. 189 Section 4.Effective upon this act becoming law, present 190 paragraphs (d) through (g) of subsection (1) of section 330.30, 191 Florida Statutes, are redesignated as paragraphs (e) through 192 (h), respectively, and a new paragraph (d) is added to that 193 subsection, to read: 194 330.30Approval of airport sites; registration and 195 licensure of airports. 196 (1)SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD, 197 REVOCATION. 198 (d)For the purpose of granting site approval, the 199 department may not require an applicant to provide a written 200 memorandum of understanding or letter of agreement with other 201 airport sites regarding air traffic pattern separation 202 procedures unless such memorandum or letter is required by the 203 Federal Aviation Administration or is deemed necessary by the 204 department. 205 Section 5.Subsection (10) is added to section 332.007, 206 Florida Statutes, to read: 207 332.007Administration and financing of aviation and 208 airport programs and projects; state plan. 209 (10)Subject to the availability of appropriated funds, and 210 unless otherwise provided in the General Appropriations Act or 211 the substantive bill implementing the General Appropriations 212 Act, the department may fund up to 100 percent of eligible 213 project costs of all of the following at a publicly owned, 214 publicly operated airport located in a rural community as 215 defined in s. 288.0656 which does not have any scheduled 216 commercial service: 217 (a)The capital cost of runway and taxiway projects that 218 add capacity. Such projects must be prioritized based on the 219 amount of available nonstate matching funds. 220 (b)Economic development transportation projects pursuant 221 to s. 339.2821. 222 223 Any remaining funds must be allocated for projects specified in 224 subsection (6). 225 Section 6.Subsection (5) of section 334.044, Florida 226 Statutes, is amended, and subsection (36) is added to that 227 section, to read: 228 334.044Powers and duties of the department.The department 229 shall have the following general powers and duties: 230 (5)To purchase, lease, or otherwise acquire property and 231 materials, including the purchase of promotional items as part 232 of public information and education campaigns for the promotion 233 of scenic highways, traffic and train safety awareness, 234 alternatives to single-occupant vehicle travel, and commercial 235 motor vehicle safety, electric vehicle use and charging 236 stations, autonomous vehicles, and context design for electric 237 vehicles and autonomous vehicles; to purchase, lease, or 238 otherwise acquire equipment and supplies; and to sell, exchange, 239 or otherwise dispose of any property that is no longer needed by 240 the department. 241 (36)To expend funds, at the departments discretion, for 242 training, testing, and licensing for full-time employees of the 243 department who are required to have a valid Class A or Class B 244 commercial driver license as a condition of employment with the 245 department. 246 Section 7.Paragraph (c) of subsection (6) of section 247 337.11, Florida Statutes, is amended to read: 248 337.11Contracting authority of department; bids; emergency 249 repairs, supplemental agreements, and change orders; combined 250 design and construction contracts; progress payments; records; 251 requirements of vehicle registration. 252 (6) 253 (c)When the department determines that it is in the best 254 interest of the public for reasons of public concern, economy, 255 improved operations, or safety, and only when circumstances 256 dictate rapid completion of the work, the department may, up to 257 the amount of $500,000 $250,000, enter into contracts for 258 construction and maintenance without advertising and receiving 259 competitive bids. The department may enter into such contracts 260 only upon a determination that the work is necessary for one of 261 the following reasons: 262 1.To ensure timely completion of projects or avoidance of 263 undue delay for other projects; 264 2.To accomplish minor repairs or construction and 265 maintenance activities for which time is of the essence and for 266 which significant cost savings would occur; or 267 3.To accomplish nonemergency work necessary to ensure 268 avoidance of adverse conditions that affect the safe and 269 efficient flow of traffic. 270 271 The department shall make a good faith effort to obtain two or 272 more quotes, if available, from qualified contractors before 273 entering into any contract. The department shall give 274 consideration to disadvantaged business enterprise 275 participation. However, when the work exists within the limits 276 of an existing contract, the department shall make a good faith 277 effort to negotiate and enter into a contract with the prime 278 contractor on the existing contract. 279 Section 8.Paragraph (h) of subsection (7) of section 280 339.135, Florida Statutes, is amended to read: 281 339.135Work program; legislative budget request; 282 definitions; preparation, adoption, execution, and amendment. 283 (7)AMENDMENT OF THE ADOPTED WORK PROGRAM. 284 (h)1.Any work program amendment that also adds a new 285 project, or phase thereof, to the adopted work program in excess 286 of $3 million is subject to approval by the Legislative Budget 287 Commission. Any work program amendment submitted under this 288 paragraph must include, as supplemental information, a list of 289 projects, or phases thereof, in the current 5-year adopted work 290 program which are eligible for the funds within the 291 appropriation category being used for the proposed amendment. 292 The department shall provide a narrative with the rationale for 293 not advancing an existing project, or phase thereof, in lieu of 294 the proposed amendment. 295 2.If the department submits an amendment to the 296 Legislative Budget Commission and the commission does not meet 297 or consider the amendment within 30 days after its submittal, 298 the chair and vice chair of the commission may authorize the 299 amendment to be approved pursuant to s. 216.177. This 300 subparagraph expires July 1, 2023. 301 Section 9.Paragraph (i) of subsection (6) of section 302 339.175, Florida Statutes, is amended to read: 303 339.175Metropolitan planning organization. 304 (6)POWERS, DUTIES, AND RESPONSIBILITIES.The powers, 305 privileges, and authority of an M.P.O. are those specified in 306 this section or incorporated in an interlocal agreement 307 authorized under s. 163.01. Each M.P.O. shall perform all acts 308 required by federal or state laws or rules, now and subsequently 309 applicable, which are necessary to qualify for federal aid. It 310 is the intent of this section that each M.P.O. shall be involved 311 in the planning and programming of transportation facilities, 312 including, but not limited to, airports, intercity and high 313 speed rail lines, seaports, and intermodal facilities, to the 314 extent permitted by state or federal law. 315 (i)By December 31, 2023, There is created the Chairs 316 Coordinating Committee, composed of the M.P.O.s serving Citrus, 317 Hernando, Hillsborough, Manatee, Pasco, and Pinellas, Polk, and 318 Sarasota Counties must submit to the Governor, the President of 319 the Senate, and the Speaker of the House of Representatives a 320 feasibility report exploring the benefits, costs, and process of 321 consolidation into a single M.P.O. serving the contiguous 322 urbanized area, the goal of which is to. The committee must, at 323 a minimum: 324 1.Coordinate transportation projects deemed to be 325 regionally significant by the committee. 326 2.Review the impact of regionally significant land use 327 decisions on the region. 328 3.Review all proposed regionally significant 329 transportation projects in the respective transportation 330 improvement programs which affect more than one of the M.P.O.s 331 represented on the committee. 332 4.Institute a conflict resolution process to address any 333 conflict that may arise in the planning and programming of such 334 regionally significant projects. 335 Section 10.Subsection (1) of section 341.052, Florida 336 Statutes, is amended to read: 337 341.052Public transit block grant program; administration; 338 eligible projects; limitation. 339 (1)There is created a public transit block grant program 340 which shall be administered by the department. Block grant funds 341 shall only be provided to Section 9 providers and Section 18 342 providers designated by the United States Department of 343 Transportation and community transportation coordinators as 344 defined in chapter 427. Eligible providers must establish public 345 transportation development plans consistent, to the maximum 346 extent feasible, with approved local government comprehensive 347 plans of the units of local government in which the provider is 348 located and the long-range transportation plans of the 349 metropolitan planning area in which the provider is located. In 350 developing public transportation development plans, eligible 351 providers must solicit comments from local workforce development 352 boards established under chapter 445. The development plans must 353 address how the public transit provider will work with the 354 appropriate local workforce development board to provide 355 services to participants in the welfare transition program. 356 Eligible providers must provide information to the local 357 workforce development board serving the county in which the 358 provider is located regarding the availability of transportation 359 services to assist program participants. 360 Section 11.Subsections (2) and (3) of section 341.071, 361 Florida Statutes, are amended to read: 362 341.071Transit productivity and performance measures; 363 reports. 364 (2)Each public transit provider shall establish 365 productivity and performance measures, which must be approved by 366 the department and which must be selected from measures 367 developed pursuant to s. 341.041(3). Each provider shall, by 368 January 31 of each year, report to the department relative to 369 these measures. In approving these measures, the department 370 shall give consideration to the goals and objectives of each 371 system, the needs of the local area, and the role for public 372 transit in the local area. The report must include the shall 373 also specifically address potential enhancements to productivity 374 and performance which would have the effect of increasing 375 farebox recovery ratio. 376 (3)Each public transit provider shall publish on its 377 website in the local newspaper of its area the productivity and 378 performance measures established for the year and a report that 379 which provides quantitative data relative to the attainment of 380 established productivity and performance measures. 381 Section 12.Effective upon this act becoming a law, part IV 382 of chapter 348, Florida Statutes, consisting of ss. 348.965, 383 348.966, 348.967, 348.968, 348.969, 348.97, 348.971, 348.972, 384 348.973, 348.974, 348.9751, 348.9761, 348.9771, and 348.9781, 385 Florida Statutes, is repealed. 386 Section 13.Effective upon this act becoming a law, the 387 governance and control of the Santa Rosa Bay Bridge Authority is 388 transferred to the Department of Transportation. 389 (1)Since the Santa Rosa Bay Bridge Authoritys bridge 390 system was transferred to the department under the terms of the 391 lease-purchase agreement and a settlement agreement between the 392 department and the authority which was effective as of the close 393 of business on June 30, 2022, any remaining assets, facilities, 394 tangible and intangible property, and any rights in such 395 property, and other legal rights of the authority are 396 transferred to the department. The department succeeds to all 397 powers of the authority. The department may review other 398 contracts, financial obligations, and contractual obligations 399 and liabilities of the authority and may assume legal liability 400 for such obligations that are determined by the department to be 401 necessary for the continued operation of the bridge system. 402 (2)The bridge system, or any portion thereof, may be 403 transferred by the department and become part of the turnpike 404 system under the Florida Turnpike Enterprise Law, ss. 338.22 405 338.241, Florida Statutes. 406 Section 14.Except as otherwise expressly provided in this 407 act and except for this section, which shall take effect upon 408 this act becoming a law, this act shall take effect July 1, 409 2023.