The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Transportation
BILL: CS/SB 1250
INTRODUCER: Transportation Committee and Senator DiCeglie
SUBJECT: Department of Transportation
DATE: March 21, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Price Vickers TR Fav/CS
2. ATD
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1250 contains the Florida Department of Transportation’s (FDOT’s) 2023 legislative
proposals. The bill:
Adds rating agency services to the list of contractual services and commodities not subject to
certain competitive solicitation requirements.
Provides that the prohibition against use of bond proceeds for acquisition of any building or
facility that will be, during the pendency of financing, used by, occupied by, leased to, or
paid for by any state, county or municipal agency or entity does not prohibit the use of
proceeds from Florida Development Finance Corporation private activity bonds to finance
acquisition or construction of a transportation facility under a public-private partnership.
Authorizes the Florida Development Finance Corporation to issue revenue bonds to finance
the costs of acquisition or construction of a transportation facility by a private entity or a
consortium of private entities under a specified public-private partnership.
Authorizes the FDOT to fund up to 100 percent of project costs for eligible intermodal
logistics center projects in rural areas of opportunity.
Authorizes the FDOT, subject to availability of appropriate funds, and unless otherwise
provided in the General Appropriations Act or the Implementing bill, to fund certain projects
at a publicly owned, publicly operated airport located in a rural community which does not
have any scheduled commercial service.
Requires the FDOT’s rules governing public airport site approval to include a requirement
that an applicant provide a copy of a written memorandum of understanding or letter of
agreement regarding air traffic pattern separation procedures between the parties representing
REVISED: BILL: CS/SB 1250 Page 2
a proposed airport and any existing airport or any approved airport site located within three
miles of the proposed site, signed by each of the respective parties, but only if required by a
final Federal Aviation Administration airspace determination letter or deemed necessary by
the FDOT.
Authorizes installation, as specified, of automated license plate recognition systems within
the rights-of-way of the State Highway System at the discretion of the FDOT when installed
at the request of a law enforcement agency for the purpose of collecting active criminal
intelligence or investigative information.
Authorizes the FDOT to purchase promotional items for the promotion of electric vehicle use
and charging stations, autonomous vehicles, and context design for electric vehicles and
autonomous vehicles.
Authorizes the FDOT to expend funds, within its discretion, for training, testing, and
licensing for full-time employees of the FDOT who are required to have a valid Class A or
Class B commercial driver license as a condition of employment with the FDOT.
Increases from $250K to $500K the cap on entering into contracts for construction and
maintenance without advertising and receiving competitive bids for reasons of public
concern, economy, improved operations, or safety, and only when circumstances dictate
rapid completion of the work.
Removes the expiration date of a provision allowing the chair and vice chair of the
Legislative Budget Commission to authorize an FDOT work program amendment if the
Commission does not meet or consider the amendment within 30 days after its submittal.
Requires that public transit development plans of eligible providers of public transit block
grants be consistent, to the maximum extent feasible, with the long-range transportation plans
of the metropolitan planning organization in which the provider is located.
Removes from annual public transit provider reports a requirement to specifically address
potential enhancements to productivity and performance that would have the effect of
increasing farebox recovery ratio; and requires each public transit provider to publish on its
website, rather than in the local newspaper, the productivity and performance measures
established for the year and a report on attainment of such measures.
Repeals part IV of Chapter 348, F.S., relating to the creation and operation of the Santa Rosa
Bay Bridge Authority; transfers governance and control of the Authority and its bridge
system and any remaining assets and rights to the FDOT; authorizes the FDOT to assume
legal liability for contractual obligations determined to be necessary and authorizes transfer
of the bridge system to the Turnpike.
The bill’s fiscal impact is indeterminate. See the “Fiscal Impact Statement” heading for
additional information.
Except as otherwise provided, the bill takes effect July 1, 2023.
II. Present Situation:
For ease of organization and readability, the present situation is discussed below in conjunction
with the effect of the proposed changes. BILL: CS/SB 1250 Page 3
III. Effect of Proposed Changes:
Rating Agency Procurement (Section 1)
Present Situation
Generally, if the purchase price of commodities or contractual services exceeds the threshold
amount specified in s. 287.017, F.S., for CATEGORY TWO ($35,000), the commodities or
contractual services must be procured by receiving competitive sealed bids, competitive sealed
proposals, or competitive sealed replies.
1
A number of exceptions to the general rule are present
in current law. In addition, current law provides a list of 13 commodities and contractual services
that are not subject to the competitive solicitation requirements.
2
The FDOT advises that rating agencies
3
do not compete in the market by responding to requests
for information, for applications, for quotations, or for proposals. When rating agency services
are needed, the FDOT “must engage them via Sole Source procurement for the Agency to be
able to analyze the bond and then discuss analysis with FDOT.”
4
Procurement of commodities or contractual services available only from a single source is one of
the exceptions to the general rule noted above. Current law contains a number of requirements
imposed on an agency believing that commodities or contractual services are available only from
a single source, such as electronically posting a description of the desired commodities or
services and providing a notice of the agency’s intended decision to enter a single source
purchase contract.
5
The FDOT advises that “Exempting Rating Agencies from competitive contracting services
improves speed of delivery for analyzing bonding instruments.”
6
Effect of Proposed Changes
The bill amends s. 287.057(3)(e), F.S., to add rating agency services to the list of contractual
services and commodities that are not subject to the competitive-solicitation requirements of that
section. The FDOT would not be required to comply with the statutory requirements for
procurement available only from a single source.
1
Section 287.057(3), F.S.
2
Section 287.057(3)(e), F.S. These include, for example, commodities or services such as artistic services, legal services, and
certain substance abuse and mental health services.
3
“Bond rating agencies work somewhat like credit bureaus in that they both research financial information to determine
creditworthiness. But instead of assessing an individual’s likelihood of repaying their debts, a bond rating agency determines
whether the issuers of debt securities like bonds are likely to fulfill their promises to pay interest and repay the principal you
loaned them.” See Forbes Advisor, What Are Bond Rating Agencies? – Forbes Advisor (last visited February 8, 2023).
4
See the FDOT response to staff questions, Question 7 (on file in the Senate Transportation Committee).
5
Section 287.057(3)(c), F.S.
6
Supra note 4. BILL: CS/SB 1250 Page 4
Infrastructure Financing/Private Activity Bonds (Section 2)
Present Situation
Generally, a private activity bond (PAB) is a tax-exempt security issued by or on behalf of a
local or state government for the purpose of extending special financing benefits for qualified
projects. PABs finance projects for a private user, and the governmental issuer’s credit usually
isn’t pledged, but PABs provide a public benefit as well. They are used to attract private
investments for projects “that have public or common utility,” and result in increased spending
on infrastructure.”
7
The federal government controls the amount of private activity bonds that are permitted to be
issued in each state. Part VI of ch. 159, F. S., establishes statewide procedures for allocating
Florida’s share of private activity bonds. Such allocation is statutorily referred to as the
allocation of state volume limitation (s. 159.804, F.S.). The Division of Bond Finance of the
State Board of Administration is responsible for annually determining the amount of the private
activity bonds permitted for statewide allocation under the 1986 Internal Revenue Code, as
amended. Generally, “traditional” road and bridge projects are not qualified under state private
activity volume caps, but there is a private activity volume cap available at the federal level for
such transportation projects, which was recently increased from $15 to $30 billion:
According to the United State Department of Transportation:
Section 11143 of Title XI of SAFETEA-LU amended Section 142 of the Internal
Revenue Code to add highway and freight transfer facilities to the types of
privately developed and operated projects for which private activity bonds (PABs)
may be issued. This change allowed private activity on these types of projects,
while maintaining the tax-exempt status of the bonds. The law limited the total
amount of the bonds to $15 billion and directed the Secretary of Transportation to
allocate this amount among qualified facilities. The Infrastructure Investment and
Jobs Act signed into law on November 15, 2021 increased the available PAB
authority from $15 billion to $30 billion. Passage of the private activity bond
legislation reflects the Federal Government's desire to increase private sector
investment in U.S. transportation infrastructure. Providing private developers and
operators with access to tax-exempt interest rates lowers the cost of capital
significantly, enhancing investment prospects. Increasing the involvement of
private investors in highway and freight projects generates new sources of money,
ideas, and efficiency. The $30 billion in exempt facility bonds is not subject to the
state volume caps.
8
In Florida, access to PABs is provided by the Florida Development Finance Corporation
(FDFC),
9
the “conduit issuer” of PABs, with the power to function within the corporate limits of
7
See MunicipalBonds.com, Understanding Private Activity Bonds (municipalbonds.com) (last visited March 7, 2023).
8
See transportation.gov, Private Activity Bonds | Build America (transportation.gov) (last visited March 7, 2023).
9
Created in s. 288.9604, F.S. The board consists of seven directors. The secretary of Economic Opportunity, or designee,
serves as the chair of the board. The director of the Division of Bond Finance, or designee, serves as a director. The Governor
appoints the remaining five directors, subject to confirmation by the Senate. BILL: CS/SB 1250 Page 5
any public agency with which it has entered into an interlocal agreement. The FDFC issues the
bonds, which are purchased by a bank or investor(s). The proceeds from the sale are then loaned
to finance capital projects. The interest received by the investor, if specific criteria are met, is
exempt from federal income tax.
10
Current law provides that the proceeds of any bonds of the FDFC may not be used, in any
manner, to acquire any building or facility that will be, during the pendency of the financing,
used by, occupied by, leased to, or paid for by any state, county, or municipal agency or entity.
11
The FDFC is currently authorized, without authorization from a public agency,
12
to issue revenue
bonds to:
Finance the undertaking of any projects within the state that promotes renewable energy;
Finance the undertaking of any project within the state that is a project contemplated or
allowed under the American Recovery and Reinvestment Act of 2009; or
If permitted by federal law, finance qualifying improvement projects with the state under s.
163.08, F.S.
13
Section 334.30, F.S., authorizes the FDOT to enter into public-private partnerships with private
entities, or consortia thereof, for the building, operation, ownership, or financing of
transportation facilities. Such agreements, with associated PAB financing, may result in use of
proceeds of the FDFC bonds to acquire a transportation facility that will be, during the pendency
of the financing, used by, occupied by, leased to, or paid for by any state, county, or municipal
agency or entity.
Effect of Proposed Changes
The bill amends s. 288.9606(6), F.S., providing that the prohibition against use of the proceeds
of any FDFC bonds to acquire any building or facility that will be, during the pendency of the
financing, used by, occupied by, leased to, or paid for by any state, county, or municipal agency
or entity, does not prohibit the use of proceeds of the bonds of the FDFC for the purpose of
financing the acquisition or construction of a transportation facility under a public-private
partnership agreement authorized under s. 334.30, F.S.
The bill also amends s. 288.9606(7), F.S., authorizing the FDFC, without authorization from a
public agency under s. 163.01(7), F.S., to issue bonds or other evidence of indebtedness to
finance the costs of acquisition or construction of a transportation facility by a private entity or
consortium of private entities under a public-private partnership agreement authorized by s.
334.30, F.S.
10
See fdfcpace.com, Private Activity Bonds | FDFC (fdfcpace.com) (last visited March 7, 2023).
11
Section 288.0606(6), F.S.
12
Section 163.01(7), F.S., authorizes an interlocal agreement for a separate legal or administrative entity to administer an
interlocal agreement authorizing a public agency of this state to exercise jointly with any other public agency of the state, of
any other state, or of the United States Government any power, privilege, or authority which such agencies share in common
and which each might exercise separately.
13
See s. 163.08(2)(b), F.S., for a listing of such improvements, available at Chapter 163 Section 08 - 2022 Florida Statutes -
The Florida Senate (flsenate.gov) (last visited March 7, 2023). BILL: CS/SB 1250 Page 6
Automated License Plate Recognition Systems/State Highway System (Section 4)
Present Situation
An automated license plate recognition system (ALPRS) is a system of mobile or fixed high-
speed cameras combined with computer algorithms to convert images of license plates into
computer-readable data.
14
Data obtained from an ALPRS is generally used to check license
plates against law enforcement hot lists. Hot lists contain a list of stolen plates and vehicles
entered into the National Crime Information Center database, the Florida Crime Information
Center database, Driver and Vehicle Information Database, and any information entered
manually by the operating member. Examples of manual entries include, but are not limited to:
attempt to locate; AMBER/SILVER alerts, child abductions, missing or wanted persons, and
registered sexual predators.
15
Though designed to assist law enforcement with day-to-day vehicle violations, an ALPRS may
collect and store extensive location information about each vehicle in its field of vision.
Photographs captured by an ALPRS may contain more than simply the license plate, and
sometimes include a substantial part of a vehicle, its occupants, and its immediate vicinity. Law
enforcement can use captured photographs to verify witness descriptions of vehicles and confirm
identifying features.
Florida law requires the Department of State in consultation with the Department of Law
Enforcement to establish a retention schedule, including a maximum period that records may be
retained, for records containing images and data generated through the use of an ALPRS.
16
The Department of State specifies the retention of license plate recognition records: “Retain until
obsolete, superseded, or administrative value is lost, but no longer than 3 anniversary years
unless required to be retained under another record series.”
17
Images and data containing or providing personal identifying information held by an agency and
obtained by an ALPRS, as well as personal identifying information derived from ALPRS data or
images is confidential and exempt from public record requirements.
18
Such information may be
disclosed under the following conditions:
By or to a criminal justice agency, as defined in s. 119.011(4), F.S., in performance of the
agency’s official duties.
14
Section 316.0778(1), F.S.
15
Florida Department of Highway Safety and Motor Vehicles’ “Florida Highway Patrol Policy Manual” on ALPRS available
at: https://www.flhsmv.gov/pdf/fhp/policies/1725.pdf (last visited March 17, 2023).
16
Section 316.0778(2), F.S.
17
Florida Department of State, General Records Schedule GS2 for Law Enforcement, Correctional Facilities and District
Medical Examiners, Effective: February 2021, available at: GS2 for Law Enforcement (windows.net) (last visited March 17,
2023).
18
Section 316.0777(2), F.S. BILL: CS/SB 1250 Page 7
To a license plate registrant requesting his or her own information, unless such information
constitutes active criminal intelligence information
19
or active criminal investigative
information.
20
Effect of Proposed Changes
The bill creates a new subsection (2) of s. 316.0777, F.S., defining the term “law enforcement
agency” for purposes of that subsection to mean an agency that has a primary mission of
preventing and detecting crime and enforcing the state penal, criminal, traffic, and motor vehicle
laws and in furtherance of that mission employs law enforcement officers as defined in s.
943.10(1), F.S.
21
The bill authorizes, at the discretion of the FDOT, installation of ALPRSs within the rights-of-
way
22
of any road on the State Highway System when installed at the request of a law
enforcement agency for the purpose of collecting active criminal intelligence information or
active criminal investigative information. Such installations must be in accordance with
placement and installation guidelines developed by the FDOT and be removed within 30 days
after the FDOT notifies the requesting law enforcement agency that such removal must occur at
the sole expense of the requesting agency.
The bill provides that the FDOT is not liable for any damages caused to any person by the
requesting law enforcement agency’s operation of an ALPRS, and prohibits retention of records
containing images and data generated through use of an ALPR for longer than the maximum
period provided in the applicable retention schedule.
23
19
Defined to mean information with respect to an identifiable person or group of persons collected by a criminal justice
agency in an effort to anticipate, prevent, or monitor possible criminal activity. Section 119.011(3)(a), F.S. Criminal
intelligence information is considered “active” as long as it is related to intelligence gathering conducted with a reasonable,
good faith belief that it will lead to detection of ongoing or reasonably anticipated criminal activities. Section
119.011(3)(d)1., F.S.
20
Defined to mean information with respect to an identifiable person or group of persons compiled by a criminal justice
agency in the course of conducting a criminal investigation of a specific act or omission, including, but not limited to,
information derived from laboratory tests, reports of investigators or informants, or any type of surveillance. Section
119.011(3)(b), F.S. Criminal investigative information is considered “active” as long as it is related to an ongoing
investigation which is continuing with a reasonable, good faith anticipation of securing an arrest or prosecution in the
foreseeable future. Section 119.011(3)(d)2., F.S.
21
As defined in that section, “law enforcement officer” means any person who is elected, appointed, or employed full time
by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make
arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal,
traffic, or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties
include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law
enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support
personnel employed by the employing agency.
22
Defined in s. 334.03(21), F.S., to mean land in which the state, the department, a county, or a municipality owns the fee or
has an easement devoted to or required for use as a transportation facility.
23
Supra note 17. BILL: CS/SB 1250 Page 8
Intermodal Logistics Center Infrastructure Support Program Projects/Rural Areas of
Opportunity (Section 3)
Present Situation
The Intermodal Logistics Center Infrastructure Support Program (ILC Program) is statutorily
established within the FDOT,
24
with the purpose of providing funds for roads, rail facilities, or
other means for the conveyance or shipment of goods through a seaport, thereby enabling the
state to respond to private sector market demands and meet the state’s economic development
goal of becoming a hub for trade, logistics, and export-oriented activities. The FDOT is
authorized to provide funds to assist with local government projects or projects performed by
private entities that meet the public purpose of enhancing transportation facilities for the
conveyance or shipment of goods through a seaport to or from an intermodal logistics center.
25
When evaluating projects for ILC Program assistance, the FDOT must consider, but is not
limited to, the following criteria:
The ability of the project to serve a strategic state interest.
The ability of the project to facilitate the cost-effective and efficient movement of goods.
The extent to which the project contributes to economic activity, including job creation,
increased wages, and revenues.
The extent to which the project efficiently interacts with and supports the transportation
network.
A commitment of a funding match.
The amount of investment or commitments made by the owner or developer of the existing
or proposed facility.
The extent to which the owner has commitments, including memoranda of understanding or
memoranda of agreements, with private sector businesses planning to locate operations at the
intermodal logistics center.
Demonstrated local financial support and commitment to the project.
26
The FDOT must coordinate and consult with the Department of Economic Opportunity in the
selection of projects to be funded,
27
and the FDOT must provide up to 50 percent of project costs
for eligible projects.
28
The Rural Economic Development Initiative (REDI) was established by the 1999 Legislature to
encourage and facilitate the location and expansion of major economic development projects of
significant scale in rural communities.
29
The REDI is responsible for coordinating and focusing
24
Section 311.101, F.S.
25
Section 311.101(1), F.S. The term “intermodal logistics center,” which includes, but is not limited to and “inland port,” is
defined to mean a facility or group of facilities serving as a point of intermodal transfer of freight in a specific area physically
separated from a seaport where activities relating to transport, logistics, goods distribution, consolidation, or value-added
activities are carried out and who activities and services are designed to support or be supported by conveyance or shipping
through one or more seaports listed in s. 311.09, F.S. Section 311.101(2), F.S.
26
Section 311.101(3), F.S.
27
Section 311.101(4), F.S.
28
Section 311.101(6), F.S. The FDOT is also authorized to administer contracts on behalf of the entity selected to receive
funding for a project under the ILC Program. Section 311.101(5), F.S.
29
Section 288.0656, F.S. BILL: CS/SB 1250 Page 9
the efforts and resources of state and regional agencies on the problems that affect the fiscal,
economic, and community viability of Florida’s economically distressed rural communities.
30
The REDI works with local governments, community-based organizations, and private
organizations that have an interest in the growth and development of these communities to find
ways to balance environmental and growth management issues with local needs.
A rural area of opportunity (RAO) is a rural community,
31
or a region of rural communities, that
has been adversely affected by an extraordinary economic event, severe or chronic distress, or a
natural disaster, or that presents a unique economic development opportunity of regional
impact.
32
The Governor may designate by executive order up to three RAOs, establishing the
areas as priority assignments for the REDI. The Governor may waive criteria, requirements, or
similar provisions of any economic development incentive for projects located in an RAO.
33
The
designated RAOs are:
The Northwest RAO, comprised of Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson,
Liberty, Wakulla, and Washington counties, and the area within the city limits of Freeport
and north of the Choctawhatchee Bay and intercoastal waterway;
The South Central RAO, comprised of DeSoto, Glades, Hardee, Hendry, Highlands, and
Okeechobee counties, the cities of Pahokee, Belle Glade, and South Bay (Palm Beach
County), and Immokalee (Collier County); and
The North Central RAO, comprised of Baker, Bradford, Columbia, Dixie, Gilchrist,
Hamilton, Jefferson, Lafayette, Levy, Madison, Putnam, Suwannee, Taylor, and Union
counties.
34
Effect of Proposed Changes
The bill amends s. 311.101(6), F.S., authorizing the FDOT to provide up to 100 percent of
project costs for eligible ILC Program projects in rural areas of opportunity designated in
accordance with s. 288.0656(7)(a), F.S.
30
Agencies required to participate in the REDI are listed in s. 288.0656(6)(a), F.S.
31
“Rural community” means: 1. A county with a population of 75,000 or fewer; 2. A county with a population of 125,000 or
fewer which is contiguous to a county with a population of 75,000 or fewer; 3. A municipality within a county described in 1.
or 2.; or 4. An unincorporated federal enterprise community or an incorporated rural city with a population of 25,000 or
fewer and an employment base focused on traditional agricultural or resource-based industries, located in a county not
defined as rural, which has at least three or more of the economic distress factors identified in s. 288.0656(c), F.S. “Economic
distress” means conditions affecting the fiscal and economic viability of a rural community, including such factors as low per
capita income, low per capita taxable values, high unemployment, high underemployment, low weekly earned wages
compared to the state average, low housing values compared to the state average, high percentages of the population
receiving public assistance, high poverty levels compared to the state average, and a lack of year-round stable employment
opportunities.
32
Section 288.0656(1)(d), F.S.
33
Section 288.0656(7)(a), F.S.
34
Florida Department of Economic Opportunity, Rural Areas of Opportunity, http://www.floridajobs.org/community-
planning-and-development/rural-community-programs/rural-areas-of-opportunity (last visited March 17, 2023). BILL: CS/SB 1250 Page 10
Airport Projects/Rural Communities (Section 5)
Present Situation
Current law requires the FDOT to continuously update an aviation and airport work program
based on a collection of local sponsors’
35
proposed projects to be included in the FDOT’s work
program. The airport work program must separately identify “development projects”
36
and
“discretionary capacity improvement projects.”
37
The aviation and airport work program must be
consistent with the statewide aviation system plan
38
and, to the maximum extent feasible, with
approved local government comprehensive plans. Projects involving funds administered by the
FDOT to be undertaken and implemented by the airport sponsor shall be included in the aviation
and airport work program, and assistance may only be provided for projects which are so
included.
39
The annual legislative budget request for aviation and airport development projects must be
based on the funding required for development projects in the aviation and airport work program.
The FDOT must provide priority funding in support of the planning, design, and construction of
proposed projects by local sponsors, with special emphasis on projects for runways and
taxiways, including the painting and marking of runways and taxiways, lighting, other related
airside activities, and airport access transportation facility projects on airport property.
40
No single airport may receive airport or aviation development project funds in excess of 25
percent of the total airport or aviation development project funds available in any given budget
year. However, any airport which receives discretionary capacity improvement project funds in a
35
“Sponsor” means any eligible agency which, either individually or jointly with one or more eligible agencies, submits to
the department an application for financial assistance for an airport development project. Section 332.004(15), F.S. Federal
funding of individual local airport projects is wholly between the local airport sponsors and the appropriate federal agencies;
however, the FDOT is authorized to receive federal grants for statewide projects when no local sponsor is available. Section
332.2007(1), F.S.
36
“Airport or aviation development project” or “development project” means any activity associated with the design,
construction, purchase, improvement, or repair of a public-use airport or portion thereof, including, but not limited to: the
purchase of equipment; the acquisition of land, including land required as a condition of a federal, state, or local permit or
agreement for environmental mitigation; off-airport noise mitigation projects; the removal, lowering, relocation, marking,
and lighting of airport hazards; the installation of navigation aids used by aircraft in landing at or taking off from a public
airport; the installation of safety equipment required by rule or regulation for certification of the airport under s. 612 of the
Federal Aviation Act of 1958, and amendments thereto; and the improvement of access to the airport by road or rail system
which is on airport property and which is consistent, to the maximum extent feasible, with the approved local government
comprehensive plan of the units of local government in which the airport is located. Section 332.004(4), F.S.
37
“Airport or aviation discretionary capacity improvement projects” or “discretionary capacity improvement projects” means
capacity improvements which are consistent, to the maximum extent feasible, with the approved local government
comprehensive plans of the units of local government in which the airport is located, and which enhance intercontinental
capacity at airports which: are international airports with United States Bureau of Customs and Border Protection; had one or
more regularly scheduled intercontinental flights during the previous calendar year or have an agreement in writing for
installation of one or more regularly scheduled intercontinental flights upon the commitment of funds for stipulated airport
capital improvements; and have available or planned public ground transportation between the airport and other major
transportation facilities. Section 332.004(5), F.S.
38
The FDOT is required to develop and periodically update a statewide aviation system plan that summarizes 5-year, 10-
year, and 20-year airport and aviation needs within the state, per s. 332.006, F.S.
39
Section 332.007(1)-(3), F.S.
40
Section 332.007(4)(a), F.S. BILL: CS/SB 1250 Page 11
given fiscal year may not receive greater than ten percent of total aviation and airport
development project funds appropriated in that fiscal year.
41
Subject to the availability of appropriated funds, the FDOT may generally participate in the
capital cost of eligible public airport and aviation development projects in accordance with the
following rates, unless otherwise provided in the General Appropriations Act or the substantive
bill implementing the General Appropriations Act:
Up to 50 percent of the portion of eligible project costs which are not funded by the Federal
Government, except that the FDOT may initially fund up to 75 percent of the cost of land
acquisition for a new airport or for the expansion of an existing airport which is owned and
operated by a municipality, a county, or an authority. The FDOT must be reimbursed when
federal funds become available or within ten years after the date of acquisition, whichever is
earlier.
42
Up to 50 percent of the nonfederal share for land acquisition when such land is needed for
airport safety, expansion, tall structure control, clear zone protection, or noise impact
reduction, which the FDOT may retroactively reimburse to cities, counties, or airport
authorities.
43
Up to 80 percent of master planning and eligible aviation development projects at publicly
owned, publicly operated airports when federal funds are not available, and up to 80 percent
of the nonfederal share when federal funds are available. This funding is limited to general
aviation airports
44
or commercial service airports
45
that have fewer than 100,000 passenger
boardings per year as determined by the Federal Aviation Administration.
46
Up to 100 percent of the cost of an eligible project that is statewide in scope or that involves
more than one county where no other governmental entity or appropriate jurisdiction exists.
47
Subject to the availability of appropriated funds in addition to aviation fuel tax revenues,
48
the
FDOT may participate in the capital cost of eligible public airport and aviation discretionary
41
Section 332.007(4)(c), F.S.
42
Section 332.007(6)(a), F.S. Such projects must be contained in the Federal Government’s Airport Capital Improvement
Program, and the Federal Government must fund, or have funded, the first year of the project. The national Airports Capital
Improvement Plan (ACIP) is an internal FAA document that serves as the primary planning tool for identifying and
prioritizing critical airport development and associated capital needs for the National Airspace System. It also serves as the
basis for the distribution of grant funds under the Airport Improvement Program. See faa.gov, Airports Capital Improvement
Plan | Federal Aviation Administration (faa.gov) (last visited March 19, 2023). The Airport Improvement Program provides
grants to public agencies — and, in some cases, to private owners and entities — for the planning and development of public-
use airports. See faa.gov, Overview: What is AIP & What is Eligible? | Federal Aviation Administration (faa.gov) (last
visited March 19, 2023).
43
Section 332.007(6)(b), F.S. However, no land purchased prior to July 1, 1990, or purchased prior to executing the required
FDOT agreements shall be eligible for reimbursement.
44
A general aviation airport is a public-use airport that does not have scheduled service or has scheduled service with less
than 2,500 passenger boardings each year. See faa.gov, Airport Categories | Federal Aviation Administration (faa.gov) (last
visited March 19, 2023).
45
A commercial service airport is a publicly owned airport with at least 2,500 annual enplanements and schedule air carrier
service. Id.
46
Section 332.007(6)(c), F.S.
47
Section 332.007(6)(d), F.S.
48
The aviation fuel tax is imposed in accordance with s. 206.9825, F.S. Aviation fuel tax revenues are initially deposited in
the Fuel Tax Collection Trust Fund. After deducting the service charges imposed by s. 215.20, F.S., the refunds granted
pursuant to s. 206.9855, F.S, and the administrative costs incurred by the Department of Revenue in collecting, BILL: CS/SB 1250 Page 12
capacity improvement projects. The annual legislative budget request must also be based on the
funding required for discretionary capacity improvement projects in the aviation and airport
work program.
49
The FDOT is required to provide priority funding in support of:
Land acquisition that provides additional capacity at the qualifying international airport or at
that airport’s supplemental air carrier airport,
Runway and taxiway projects that add capacity or are necessary to accommodate
technological changes in the aviation industry,
Airport access transportation projects that improve direct airport access and are approved by
the airport sponsor,
International terminal projects that increase international gate capacity.
50
No single airport may receive discretionary capacity improvement project funds in excess of 50
percent of the total discretionary capacity improvement project funds available in any given
budget year.
51
The FDOT may fund up to 50 percent of the portion of eligible project costs which are not
funded by the Federal Government, except that the FDOT may initially fund up to 75 percent of
the cost of land acquisition for a new airport or for the expansion of an existing airport which is
owned and operated by a municipality, a county, or an authority. The FDOT must be reimbursed
when federal funds become available or within 10 years after the date of acquisition, whichever
is earlier.
52
The FDOT is authorized in s. 339.2821, F.S., to expend funds and contract with the appropriate
governmental body
53
for the direct costs of “transportation projects”
54
which the FDOT, in
consultation with the Florida Department of Economic Opportunity (FDEO), deems necessary to
facilitate the economic development and growth of the state. When reviewing projects for
approval and funding, the FDOT, in consultation with the FDEO, must consider:
The cost per job created or retained considering the amount of transportation funds requested
and the average hourly rate of wages for jobs created;
The reliance on any program as an inducement for determining the transportation project’s
location;
The amount of capital investment to be made by a business and the demonstrated local
commitment;
administering, enforcing, and distributing the tax, which administrative costs may not exceed 2 percent of collections, are
distributed monthly to the State Transportation Trust Fund per s. 206.9845, F.S.
49
Section 332.007(7), F.S.
50
Section 332.007(7)(a), F.S.
51
Section 332.007(7)(b), F.S.
52
Section 332.007(7)(d), F.S.
53
Defined to mean an instrumentality of the state or a county, municipality, district, authority, board, or commission, or an
agency thereof, within which jurisdiction the transportation project is located and which is responsible to the FDOT for the
transportation project. Section 339.2821(1)(b)2., F.S.
54
Defined to mean a “transportation facility,” which is any means for the transportation of people or property from place to
place which is constructed, operated, or maintained in whole or in part from public funds. The term includes the property or
property rights, both real and personal, which have been or may be established by public bodies for the transportation of
people or property from place to place. Section 334.03(30), F.S. BILL: CS/SB 1250 Page 13
The location of the transportation project in an enterprise zone as designated in s. 290.0055,
F.S.,
55
or in a spaceport territory defined in s. 331.304, F.S.;
The unemployment rate of the surrounding area; and
The poverty rate of the community.
56
The FDOT must approve a transportation project if it determines that it will:
Attract new employment opportunities to the state or expand or retain employment in
existing companies operating within the state.
Allow for the construction or expansion of a state or federal correctional facility in a county
having a population of 75,000 or fewer which creates new employment opportunities or
expands or retains employment in the county.
57
Current law requires inclusion of specific clauses in a contract between the FDOT and a
governmental body for economic development transportation projects.
58
Each governmental
body receiving funds must submit to the FDOT a financial audit conducted by an independent
certified public accountant. The FDOT must monitor the construction or building site for each
transportation project.
Effect of Proposed Changes
The bill creates subsection (10) of s. 332.007, F.S. Subject to the availability of appropriated
funds, and unless otherwise provided in the General Appropriations Act or the substantive bill
implementing the General Appropriations act, the bill authorizes the FDOT to fund at a publicly
owned, publicly operated airport located in a rural community
59
as defined in s. 288.0656, F.S.:
The capital cost of runway and taxiway projects that add capacity, prioritized based on the
amount of available nonstate matching funds; and
Economic development transportation projects pursuant to s. 339.2821, F.S.
Any remaining funds must be allocated for development projects per s. 332.007(6), F.S.,
discussed above. The bill makes no such appropriation.
FDOT Airport Site Approval Rules/Air Traffic Pattern Separation Procedures (Section 6)
Present Situation
The FDOT is responsible for administering and enforcing the provisions of Chapter 330, F.S.,
relating to the regulation of aircraft, pilots, and airports, including, but not limited to,
establishing requirements for airport site approval, licensure, and registration.
60
Aside from
exemptions granted in current law,
61
the owner or lessee of any proposed airport must obtain the
55
Florida’s Enterprise Zone Program provides state and local incentives to induce private investment in specific geographic
areas targeted for economic revitalization. To qualify, these areas must meet specified criteria, including suffering from
pervasive poverty, unemployment, and general distress. See the Florida Enterprise Zone Act, ss. 290.001-290.016, F.S.
56
Section 339.2821(2), F.S.
57
Section 339./2821(3)(a), F.S.
58
Section 339.2821(4), F.S.
59
Supra note 31.
60
Section 330.30, F.S.
61
Section 330.30(3), F.S. BILL: CS/SB 1250 Page 14
FDOT’s approval of the airport site before site acquisition or construction or establishment of the
proposed airport. The FDOT is required to grant site approval upon satisfaction that:
The site has adequate area allocated for the airport as proposed.
The proposed airport will conform to licensing or registration requirements and will comply
with applicable local government land development regulations or zoning requirements.
All affected airports, local governments, and property owners have been notified and any
comments submitted by them have been given adequate consideration.
Safe air-traffic patterns can be established for the proposed airport with all existing airports
and approved airport sites in its vicinity.
62
The FDOT, pursuant to statutory direction,
63
has adopted rules relating to airport site approval.
64
Rule 14-60.005, F.A.C., lists supporting documentation that must accompany an application for
public airport site approval. With respect to air traffic patterns, an applicant must provide written
confirmation, including a graphical depiction, demonstrating that safe air traffic patterns can be
established for the proposed airport with all existing and approved airport sites within three miles
of the proposed airport site. The applicant must provide a copy of a written memorandum of
understanding or letter of agreement, signed by each respective party, regarding air traffic pattern
separation procedures between the parties representing the proposed airport and any existing
airport(s) or approved airport site(s) located within three miles of the proposed site.
65
At least one lessee or owner of an existing airport is reportedly refusing to provide the
memorandum of understanding or letter of agreement required by the FDOT’s rule, reportedly
without justification, and such refusal has delayed approval of a Florida hospital’s heliport.
Effect of Proposed Changes
The bill amends s. 330.29(4), F.S., the FDOT’s statutory direction to adopt rules to implement
the provisions of Chapter 330, F.S. The bill requires the FDOT’s rules to include a requirement
for the identified memorandum of understanding or letter of agreement regarding air traffic
pattern separation procedures between the parties representing a proposed airport and any
existing airport or approved airport site located within three miles of the proposed site, which
must be signed by each of the respective parties. The FDOT’s rule already so provides. However,
the bill provides that this requirement applies only if such memorandum or letter is required by
the final Federal Aviation Administration airspace determination letter
66
or is deemed necessary
by the FDOT. In the absence of the FAA requiring the memorandum or letter or of the FDOT’s
determination of necessity, no such document would be required.
62
Section 330.30(1)(a), F.S. Emphasis added.
63
Section 330.29(4), F.S.
64
Rule Chapter 14-60, F.A.C.
65
Rule 14-60(5)(j), F.A.C.
66
According to the FAA, once an aeronautical study is completed, a determination is issued regarding the impact to air
navigation, typically in one of three responses: A Determination of No Hazard (the subject construction did not exceed
obstruction standards and marking/lighting is not required); a Determination of No Hazard with Conditions (the proposed
construction/alteration would be acceptable contingent upon implementing mitigating measures such as the marking and
lighting of a structure); and a Determination of Hazard (the proposed construction/alteration is determined to be a hazard to
air navigation. See oeaaa.faa.gov, FAA Determinations (last visited March 20, 2023). BILL: CS/SB 1250 Page 15
Promotional Items/Public Information and Education Campaigns (Section 7)
Present Situation
The FDOT is currently authorized to purchase, lease, or otherwise acquire property and
materials, including the purchase of promotional items, as part of public information and
education campaigns for the promotion of scenic highways, traffic and train safety awareness,
alternatives to single-occupant vehicle travel, and commercial motor vehicle safety.
67
The FDOT recently published Florida’s Electric Vehicle Infrastructure Deployment Plan,
68
deemed as the “framework for implementing the National Electric Vehicle Infrastructure
Program (NEVI) to invest funding for EV infrastructure improvements to address charging gaps
identified in the market,” which will serve “as a guide for how EV funds will be invested across
the State over the five-year timeline of the NEVI program.” Florida reportedly will receive
approximately $198 million in NEVI formula funds through the federal 2026 fiscal year to grow
the state’s network of EV chargers.
The Federal Highway Administration views public engagement activities as enabling “a more
inclusive, accessible, and transparent process to gain input from communities,” and NEVI funds
can be used for public engagement.
69
The FDOT advises that public engagement activities
include “briefings, meetings, venues, social media, interactive displays, kiosks, visual materials,
etc.”
70
However, the FDOT has no state statutory authority to purchase promotional items
relating to electric vehicles or electric vehicle charging stations, nor for autonomous vehicles
(which may be electrically powered), or context design for each.
71
Effect of Proposed Changes
The bill amends s. 334.044(5), F.S., to authorize the FDOT to purchase promotional items as part
of public information and education campaigns for the promotion of electric vehicle use and
charging stations, autonomous vehicles, and context design for electric vehicles and autonomous
vehicles.
Employee Training, Testing, and Licensing/Commercial Driver Licenses (Section 7)
Present Situation
The FDOT notes that truck drivers licensed to drive commercial motor vehicles “are the
Department’s heaviest need right now. This can also extend to heavy equipment drivers such as
67
Section 334.044(5), F.S.
68
See FDOT, Florida’s Electric Vehicle Infrastructure Deployment Plan, p. 3 of 55, available at florida's-evidp_2022-07-
29_final_v2.pdf (windows.net) (last visited February 10, 2023).
69
See FHWA, National Electric Vehicle Infrastructure (NEVI) Formula Program Q&A (dot.gov) (last visited February 10,
2023).
70
See the FDOT’s responses to committee staff questions, Question 2 (on file in the Senate Transportation Committee).
71
According to the FDOT, context design relates to the various design needs in different communities as electric vehicle and
autonomous vehicle technology continues to evolve. Supra note 4, Question 4. BILL: CS/SB 1250 Page 16
bridge snoopers
72
and dump trucks, all of which also require a [commercial driver license] as a
condition of employment.”
73
The 2022 General Appropriations Act contained proviso authorizing the FDOT to expend
$500,000 for training, testing, and licensing for full-time employees of the FDOT who are
required to have a valid Class A or Class B commercial driver license as a condition of
employment with the FDOT.
74
Effect of Proposed Changes
The bill creates s. 334.044(36), F.S., authorizing the FDOT, within its discretion, to expend
funds for training, testing, and licensing for full-time employees of the FDOT who are required
to have a valid Class A or Class B commercial driver license as a condition of employment with
the FDOT.
Fast Response Contracting (Section 8)
Present Situation
Generally, the FDOT is authorized to enter into contracts for the construction and maintenance
of all roads designated as part of the State Highway System, the State Park Road System, or of
any roads placed under its supervision by law. This authorization includes construction and
maintenance contracts for rest areas, weigh stations, and other structures, including roads,
parking areas, supporting facilities and associated buildings used in connection with such
facilities. With certain exceptions, these contracts must be advertised for competitive bidding,
and such contracts generally must be awarded to the lowest responsible bidder.
75
One of the exceptions to the competitive bidding requirement currently authorizes the FDOT,
under certain conditions, to enter into construction and maintenance contracts, up to the amount
of $250,000, without advertising and receiving competitive bids. The FDOT may exercise this
authority when the FDOT determines that doing so is in the best interest of the public for reasons
of public concern, economy, improved operations, or safety, and only when circumstances
dictate rapid completion of the work:
To ensure timely completion of projects or avoidance of undue delay for other projects;
To accomplish minor repairs or construction and maintenance activities for which time is of
the essence and for which significant cost savings would occur; or
To accomplish nonemergency work necessary to ensure avoidance of adverse conditions that
affect the safe and efficient flow of traffic.
76
The FDOT is required to make a good faith effort to obtain two or more quotes, if available,
from qualified contractors before entering into any contract and give consideration to
72
Bridge snoopers are designed for under-bridge access inspections and bridge maintenance work. See paxton-mitchell.com,
The Original Snooper Underbridge Inspection Truck, for a picture of a snooper, available at Bridge Inspection Equipment |
(paxton-mitchell.com) (last visited February 10, 2023).
73
Supra note 4, Question 1 (on file in the Senate Transportation Committee).
74
Ch. 2022-156, L.O.F., p. 319 of 518, available at 156 (flrules.org) (last visited February 10, 2023).
75
Section 337.11, F.S.
76
Section 337.11(6)(c), F.S. BILL: CS/SB 1250 Page 17
disadvantaged business enterprise participation. If, however, the work exists within the limits of
an existing contract, the FDOT must make a good faith effort to negotiate and enter into a
contract with the prime contractor on the existing contract. These contracts fund projects such as
sinkhole repairs that protect roadways and other infrastructure, traffic railing and guardrail
repairs needed to protect the safety of the traveling public, and drainage and inlet work that
prevents roadway flooding during heavy rain.
When first enacted in 1999, the dollar amount was capped at $60,000.
77
The Legislature
increased that amount to $120,000 in 2002.
78
In 2017, the cap was increased to $250,000 at the
request of the FDOT, citing increased construction costs due to inflation.
79
Effect of Proposed Changes
The bill amends s. 337.11(6)(c), F.S., to increase the threshold amount on fast response
contracting from $250,000 to $500,000. The FDOT advises that increasing the cap to $500,000
“will account for increased construction costs and extend the Department’s ability to quickly
respond to construction and maintenance needs that are in the best interest of safety and the
economy.”
80
Work Program Amendment Approval (Section 9)
Present Situation
Current law authorizes the FDOT to amend its adopted work program and provides procedures
for such amendments.
81
Any work program amendment that adds a new project, or phase thereof,
to the adopted work program in excess of $3 million is subject to approval by the Legislative
Budget Commission (LBC). The submission must be accompanied by specified supplemental
information.
82
If the FDOT submits such an amendment to the LBC and the LBC does not meet or consider the
amendment within 30 days after its submittal, the chair and vice chair of the LBC may authorize
the amendment.
83
This provision first appeared in law in 2016, with no expiration date. In 2020, the Legislature
added an expiration date of July 1, 2021.
84
The Legislature extended the expiration date by one
year in 2021,
85
and did the same in 2022.
86
The authorization for LBC approval of the specified
work program amendment is currently set to expire on July 1, 2023.
77
Ch. 99-385, L.O.F.
78
Ch. 2002-20, L.O.F.
79
See the FDOT’s 2017 Legislative Proposal, Rapid Response Contracts-Price Cap Increase (on file in the Senate
Transportation Committee), and Ch. 2017-42, L.O.F.
80
See Florida Department of Transportation, 2023 Legislative Proposals, Number 2 (on file in the Senate Transportation
Committee).
81
Section 339.175(7), F.S.
82
Section 339.135(7)(h)1., F.S..
83
Section 339.135(7)(h)2., F.S.
84
Ch. 2020-114, s. 93, L.O.F.
85
Ch. 2021-37, ss. 54 and 96, L.O.F.
86
Ch. 2022-157, s. 75, L.O.F. BILL: CS/SB 1250 Page 18
Effect of Proposed Changes
The amends s. 339.135(7)(h)2., F.S., to remove the expiration date for the current authorization
of the LBC to approve the specified amendments under the conditions specified. The
authorization would remain in place unless subsequently revised or repealed.
Public Transportation Development Plan Consistency (Section 10)
Present Situation
The federal Surface Transportation Block Grant Program apportions funding for each state
87
that
may be used by states and localities for projects to preserve and improve the conditions and
performance on any Federal-aid highway, bridge, and tunnel projects on any public road,
pedestrian and bicycle infrastructure, and transit capital projects,
88
including intercity bus
terminals.
89
The FDOT and local governmental entities are authorized to receive federal grants or
apportionments for public transit
90
and intercity bus service projects
91
in this state.
92
Section 341.052, F.S., establishes a public transit block grant program which is administered by
the FDOT. Block grant funds may only be provided to “Section 9” providers
93
and “Section 18”
providers,
94
as specified. Eligible providers must establish public transportation development
plans consistent, to the maximum extent feasible, with approved local government
87
See the Surface Transportation Block Grant Fact Sheet available at Bipartisan Infrastructure Law - Surface Transportation
Block Grant (STBG) Fact Sheet | Federal Highway Administration (dot.gov) (last visited February 13, 2023).
88
Florida law defines “public transit capital project” as a project undertaken by a public agency to provide public transit to its
constituency, and is limited to acquisition, design, construction, reconstruction, or improvement of a governmentally owned
or operated transit system.” Section 341.031(7), F.S.
89
See FHWA, STBG - Federal-aid Programs - Federal-aid Programs and Special Funding - Federal Highway Administration
(dot.gov) (last visited February 13, 2023).
90
“Public transit” means the transporting of people by conveyances, or systems of conveyances, traveling on land or water,
local or regional in nature, and available for use by the public. Public transit systems may be either governmentally owned or
privately owned. Section 341.013(6), F.S.
91
“Intercity bus service” means regularly scheduled bus service for the general public which operates with limited stops over
fixed routes connecting two or more urban areas not in close proximity; has the capacity for transporting baggage carried by
passengers; makes meaningful connections with scheduled intercity bus service to more distant points, if such service is
available; maintains scheduled information in the National Official Bus Guide; and provides package express service
incidental to passenger transportation. Section 341.031(11), F.S.
92
Section 341.051(1), F.S.
93
This is historical federal terminology. A “Section 9” provider is now referred to as a Section 5307 provider, one eligible to
receive funds from the Urbanized Area Formula Grants program under 49 U.S.C. 5307. The program makes federal resources
available to urbanized areas (50,000 population or more) and to governors for transit capital and operating assistance in
urbanized areas and for transportation-related planning. Designated recipients that are public bodies with the legal authority
to receive and dispense federal funds are eligible. For a long list of eligible activities, see Federal Transit Administration,
Urbanized Area Formula Grants - 5307 | FTA (dot.gov) (last visited February 13, 2023).
94
Again, this is historical federal terminology. A “Section 18” provider is now referred to as a Section 5311 provider, one
eligible to receive funds from the Formula Grants for Rural Areas under 49 U.S.C. 5311. The grants provide capital,
planning, and operating assistance to states to support public transportation in rural areas with populations of less than
50,000, where many residents often rely on public transit to reach their destinations. The program also provides funding for
state and national training and technical assistance through the Rural Transportation Assistance Program. Eligible recipients
include states and federally recognized Indian Tribes. Subrecipients may include state or local government authorities,
nonprofit organizations, and operators of public transportation or intercity bus service. Eligible activities include planning,
capital, operating, job access and reverse commute projects, and the acquisition of public transportation services. See Federal
Transit Administration, Formula Grants for Rural Areas - 5311 | FTA (dot.gov) (last visited February 13, 2023). BILL: CS/SB 1250 Page 19
comprehensive plans of the units of local government in which the provider is located.
95
Section
341.051(4)(b), F.S., provides that expenditures for public transit and intercity bus service
programs are subject to approval by the FDOT as being consistent with the Florida
Transportation Plan and regional transportation goals and objectives.
The FDOT already requires that transportation development plans be consistent with the Florida
Transportation Plan, local government comprehensive plans, and the local metropolitan planning
organization’s long-range transportation plan.
96
Effect of Proposed Changes
The bill amends s. 341.052(1), F.S., to statutorily require provider transportation development
plans to also be consistent, to the maximum extent feasible, with the long-range transportation
plans of the metropolitan planning organization in which the provider is located.
Public Transit Provider Productivity and Performance Measures (Section 11)
Present Situation
Section 341.071(2), F.S., requires each public transit provider to establish productivity and
performance measures and, by January 31 of each year, to report to the FDOT relative to these
measures. The report must specifically address potential enhancements to productivity and
performance which would have the effect of increasing farebox recovery. Each provider must
publish in the local newspaper of its area the productivity and performance measures established
for the year and a report which provides quantitative data relative to the attainment of established
productivity and performance measures.
Effect of Proposed Changes
The bill amends s. 341.071(2), F.S., to remove from the annual report requiring providers to
specifically addressing potential enhancements to productivity and performance measures having
the effect of increasing farebox recovery. The bill would require the report to include the farebox
recovery.
According to the FDOT, “This language is targeted to positive changes in ridership behavior
following the pandemic. Localities across Florida have moved to a ‘free fare’ ridership model
which has actually increased their ridership levels – the exact concept targeted with reporting
their productivity and performance measures. Updating this language allows the localities to
better tailor[] their reporting to reflect current state.”
97
The bill amends s. 341.071(3), F.S., to authorize public transit providers to publish on its website
(or on the city/county websites if those agencies are the managing agency for reporting
95
Section 341.052(1), F.S.
96
The FDOT’s TDP Handbook, FDOT Guidance for Preparing & Reviewing Transit Development Plans, Version III, 2022
Update, p. 107 of 178, available at 2022-transit-development-plan-handbook.pdf (windows.net), provides that “At a
minimum, TDPs must be consistent with the Florida Transportation Plan, local government comprehensive plans, and the
local MPO’s LRTP.” Emphasis added. (Last visited February 13, 2023).
97
See the FDOT’s responses to committee staff questions, Question 6 (on file in the Senate Transportation Committee). BILL: CS/SB 1250 Page 20
requirements, according to the FDOT
98
) the productivity and performance measures established
for the year, as well as the required report providing quantitative data relative to the attainment
of those established measures.
Santa Rosa Bay Bridge Authority and Bridge System (Sections 12 and 13)
The Santa Rosa Bay Bridge Authority (SRBBA) was created in 1984 under part IV of ch. 348,
F.S., with the right to acquire, hold, construct, improve, maintain, operate, own, and lease all or
any part of the Santa Rosa Bay Bridge System, including the Garcon Point Bridge and related
infrastructure. Toll revenues fell short of projections, and payment of debt service on the bonds
issued to construct the system went into default. A planned 2014 toll increase was never
implemented, the SRBBA board ceased to function, and the bondholders then demanded that the
FDOT increase the toll in amounts recommended by their consultant. The FDOT disputed its
legal obligation to increase the tolls, litigation ensued, and subsequent Legislative efforts to
resolve the matter were unsuccessful.
The on-going litigation between UMB Bank (for the bondholders) and the FDOT has been
settled. The settlement called for the FDOT to pay $134 million lump sum to UMB on June 17,
2022 (two days after toll reductions were announced) and, by July 29, 2022, to pay any
previously unremitted tolls or revenues collected for use of the bridge through the lump sum
payment date. According to the FDOT, the underlying bonds were paid in full on June 30, 2022,
which effectuated transfer of title to the bridge system to the FDOT.
99
Given the recent
settlement, part IV of Ch. 348, F.S., appears to be a candidate for repeal.
Effect of Proposed Changes
The bill repeals part IV of Ch. 348, F.S.,
100
relating to the creation and operation of the SRBBA.
The SRBBA is abolished. The bill creates an undesignated section of law, effective upon the act
becoming law, transferring governance and control of the SRBBA, as well as any remaining
assets, facilities, tangible and intangible property, and any rights in such property, and other legal
rights of the authority, to the FDOT. The FDOT succeeds to all powers of the authority.
The bill authorizes the FDOT to review other contracts, financial obligations, and contractual
obligations and liabilities of the authority, and to assume legal liability for such obligations the
FDOT determines to be necessary for continued operation of the bridge system.
The bill also authorizes the FDOT to transfer the bridge system, or any portion thereof, to
become part of the turnpike system under the Florida Turnpike Enterprise Law.
101
Effective Date (Section 14)
Except as otherwise provided, the bill takes effect July 1, 2023.
98
See the FDOT’s document, “Florida Department of Transportation 2023 Legislative Proposals” (on file in the Senate
Transportation Committee.)
99
See FDOT email to committee staff, February 7, 2023 (on file in the Senate Transportation Committee).
100
Consisting of ss. 348.965, 348.966, 348.967, 348.968, 348.969, 348.97, 348.971, 348.972, 348.973, 348.974, 348.9751,
348.9761, 348.9771, and 348.9781, F.S.
101
Sections 338.22-338.241, F.S. BILL: CS/SB 1250 Page 21
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The authorization for the use of proceeds from Florida Development Finance Corporation
private activity bonds to finance the acquisition or construction of a transportation facility
under a public-private partnership presents an indeterminate fiscal impact, as it is
unknown how many public-private partnerships the FDOT will enter into or the amount
of such bonds that would be issued for each such partnership.
The authorization for installation of automated license plate recognition systems within
the rights-of-way of the State Highway System in accordance with FDOT placement and
installation guidelines may result in expenses for the FDOT and for any law enforcement
agency that requests such installation in indeterminate but likely insignificant amounts.
The FDOT may incur indeterminate expenses associated with revising its rule relating to
airport site approval, which expenses are expected to be absorbed within existing
resources.
BILL: CS/SB 1250 Page 22
The authorization to produce promotional items for the promotion of electric vehicles and
autonomous vehicles, and context design for each, is likely to produce an insignificant
negative impact that would be absorbed within existing resources, but may be covered by
NEVI funds.
The authorization for the FDOT to expend funds within its discretion for training, testing,
and licensing for full-time employees of the FDOT is indeterminate but expected to be
absorbed within existing resources.
The fiscal impact of the increased fast-response contracting cap is indeterminate, as it is
unknown how many such contracts the FDOT will enter into or the cost of such contracts,
but such contracting is capped at $500,000 and is expected to be absorbed within existing
resources.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 287.057, 288.9606,
311.101, 316.0777, 332.007, 330.29, 334.044, 337.11, 339.135, 341.052, and 341.071.
This bill repeals the following sections of the Florida Statutes: 348.965, 348.966, 348.967,
348.968, 348.969, 348.97, 348.971, 348.972, 348.973, 348.974, 348.9751, 348.9761, 348.9771,
and 348.9781.
The bill creates an undesignated section of Florida law.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Transportation on March 20, 2023:
The committee substitute:
Authorizes installation, as specified, of automated license plate recognition systems
within the rights-of-way of the State Highway System at the discretion of the FDOT
when installed at the request of a law enforcement agency for the purpose of
collecting active criminal intelligence or investigative information.
Authorizes the FDOT to fund up to 100 percent of project costs for eligible
intermodal logistics center projects in rural areas of opportunity.
Authorizes the FDOT, subject to availability of appropriate funds, and unless
otherwise provided in the General Appropriations Act or the Implementing bill, to BILL: CS/SB 1250 Page 23
fund certain projects at a publicly owned, publicly operated airport located in a rural
community which does not have any scheduled commercial service.
Requires the FDOT’s rules governing public airport site approval to include a
requirement that an applicant provide a copy of a written memorandum of
understanding or letter of agreement regarding air traffic pattern separation
procedures between the parties representing a proposed airport and any existing
airport or any approved airport site located within three miles of the proposed site,
signed by each of the respective parties, but only if required by a final Federal
Aviation Administration airspace determination letter or deemed necessary by the
FDOT .
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.