Florida Senate Bill S1250 Analysis / Analysis

                    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 Fiscal Policy 
 
BILL: CS/CS/CS/SB 1250 
INTRODUCER:  Fiscal Policy Committee; Appropriations Committee on Transportation, Tourism, and 
Economic Development Committee; Transportation Committee; and Senator DiCeglie 
SUBJECT:  Department of Transportation 
DATE: April 26, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Price Vickers TR Fav/CS 
2. Nortelus Jerrett ATD  Fav/CS 
3. Price Yeatman FP Fav/CS 
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Substantial Changes 
 
I. Summary: 
CS/CS/CS/SB 1250 contains the Florida Department of Transportation’s (FDOT’s) 2023 
legislative proposals. The bill: 
 Increases the maximum amount of debt service coverage that may be transferred from the 
State Transportation Trust Fund to the Right-of-Way Acquisition and Bridge Construction 
Trust Fund. 
 Increases the maximum term of state bonds for federal aid highway construction. 
 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 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. 
REVISED:   BILL: CS/CS/CS/SB 1250   	Page 2 
 
 Prohibits the FDOT from requiring an applicant for airport site approval to provide a copy of 
a written memorandum of understanding or letter of agreement with other airport sites 
regarding air traffic pattern separation procedures unless such memorandum or letter is 
required by the Federal Aviation Administration or is deemed necessary by FDOT 
 Authorizes the FDOT, subject to availability of appropriated 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. 
 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 $250,000 to $500,000 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. 
 Increases from $120 million to $200 million the annual cap on the award of contracts using 
innovative techniques of highway and bridge design, construction, maintenance, and finance.  
 Revises requirements for design-build contracts, allowing the FDOT to combine the design 
and construction phases of any transportation project. 
 Authorizes the FDOT to enter into phased design-build contracts under specified conditions, 
provides requirements for such contracts, and requires the FDOT to adopt rules for 
administering such contracts. 
  
 Abolishes the Chairs Coordinating Committee and requires the metropolitan planning 
organizations (MPOs) serving specified counties to submit a feasibility report by December 
31, 2023, exploring the benefits, costs, and process of consolidation into a single MPO 
serving the contiguous urbanized area, with specified goals. 
 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. 
 Requires the FDOT to adopt by rule minimum safety standards for certain fixed-guideway 
transportation systems operating in this state and to conduct structural safety inspections of 
such systems as specified. 
 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.  BILL: CS/CS/CS/SB 1250   	Page 3 
 
 
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. 
III. Effect of Proposed Changes: 
Right-of-Way Acquisition and Bridge Construction Trust Fund – Debt Service Coverage 
(Section 1) 
Present Situation 
The FDOT is currently authorized to issue Right-of-Way Acquisition and Bridge Construction 
bonds to finance or refinance the cost of acquiring real property for state roads or the cost of state 
bridge construction. Except for bonds issued to refinance previously issued bonds, bonds must be 
authorized by the Legislature and must be issued pursuant to the State Bond Act.
1
 
 
To meet the requirements of outstanding or proposed bond obligations, the FDOT is authorized 
to transfer up to seven percent of the revenues deposited into the State Transportation Trust Fund 
(STTF) in each fiscal year to the Right-of-Way Acquisition and Bridge Construction Trust Fund. 
However, the annual amount transferred may not exceed an amount necessary to provide the 
required debt service coverage levels for a maximum debt service of $350 million.
2
 This amount 
was most recently increased from $275 million to $350 million in 2021.
3
 
 
To further the state’s policy of managing the financing of transportation infrastructure in a 
manner that ensures the fiscal integrity of the STTF, the FDOT is required to manage all levels 
of debt to ensure that not more than 20 percent of total projected available state and federal 
revenues from the STTF, together with any local funds committed to FDOT projects, are 
committed to various identified payments, funding, reimbursements, and loan repayments. Debt 
service payments on Right-of-Way Acquisition and Bridge Construction bonds are included in 
the FDOT’s annual transportation debt assessment.
4
 
 
Effect of Proposed Changes 
The bill amends s. 206.46(2), F.S., to increase from $350 million to $425 million the fiscal-year 
cap on the annual amount that may be transferred from the STTF to the Right-of-Way 
                                                
1
 Section 216.605, F.S. The State Bond Act is codified in ss. 215.57-215.83, F.S. 
2
 Section 206.46(2), F.S. 
3
 Ch. 2021-186, Laws of Fla. 
4
 See s. 339.139, F.S. This section requires the FDOT to annually provide a debt and debt-like contractual obligations load 
report.  BILL: CS/CS/CS/SB 1250   	Page 4 
 
Acquisition and Bridge Construction Trust Fund for debt service coverage. The increased cap 
provides the FDOT with additional bonding capacity. 
 
Grant Anticipation Revenue Vehicles and State Bonds for Federal Aid Highway 
Construction (Section 2) 
Present Situation 
According to the Federal Highway Administration (FHWA), a Grant Anticipation Revenue 
Vehicle, a GARVEE, “is a type of anticipation vehicle, which are securities (debt instruments) 
issued when moneys are anticipated from a specific source to advance the upfront funding of a 
particular need. In the case of transportation finance the anticipation vehicles' revenue source is 
expected Federal-aid grants.”
5
 As to highways, a GARVEE is a debt instrument that has a pledge 
of future federal-aid funding, which is authorized for Federal reimbursement of debt service and 
related financing costs. States can receive reimbursements for a wide array of debt-related costs 
incurred in connection with an eligible debt financing instrument, such as a bond, note, 
certificate, mortgage, or lease. The proceeds are used to fund a project eligible for federal aid. 
Most often, a bond, which may be issued by a state, political subdivision, or a public authority, is 
the debt instrument used.
 6 
 
The FHWA notes that “GARVEEs enable a state to accelerate construction timelines and spread 
the cost of a transportation facility over its useful life rather than just the construction period. 
The use of GARVEEs expands access to capital markets as an alternative or in addition to 
potential general obligation or revenue bonding capabilities. The upfront monetization benefit of 
these techniques needs to be weighed against consuming a portion of future years' receivables to 
pay debt service. This approach is appropriate for large, long-lived, non-revenue generating 
assets.”
7
 
 
Under current state law,
8
 upon the request of the FDOT, the State Board of Administration’s 
Division of Bond Finance (DBF) is authorized pursuant to s. 11, Art. VII of the State 
Constitution
9
 and the State Bond Act to issue revenue bonds, for and on behalf of the FDOT, for 
the purpose of financing or refinancing the construction, reconstruction, and improvement of 
projects that are eligible to receive federal-aid highway funds. The DBF is authorized to consider 
innovative financing technologies which may include, but are not limited to, innovative bidding 
and structures of potential financings that may result in negotiated transactions.
10
 
Any bonds issued are payable primarily from a prior and superior claim on all federal highway 
aid reimbursements received each year with respect to federal-aid projects undertaken in 
accordance with federal law.
11
 Prior to the issuance of bonds, the FDOT must determine that 
                                                
5
 fhwa.dot.gov, FHWA - Center for Innovative Finance Support - Project Finance - Federal Debt Financing Tools (dot.gov) 
(last visited April 22, 2023). 
6
 Id. 
7
 Id. 
8
 Section 215.616, F.S. 
9
 Section 11, Art. VII of the State Constitution relates to state bonds and revenue bonds. Subsection (f) requires each project, 
building, or facility to be financed or refinanced with revenue bonds to be first approved by the Legislature by and act 
relating to appropriations or by general law. 
10
 Section 215.616(1), F.S. 
11
 Section 215.616(2), F.S.  BILL: CS/CS/CS/SB 1250   	Page 5 
 
annual debt service on all bonds issued pursuant to the authorizing statute does not exceed ten 
percent of annual apportionments to the FDOT for federal highway aid in accordance with 
federal law. Currently, the term of the bonds may not exceed 12 years.
12
 
 
Effect of Proposed Changes 
The bill amends s. 215.616(2), F.S., to increase from 12 to 18 years the maximum term for 
GARVEE bonds issued by the DBF for or on behalf of the FDOT. This revision may provide the 
FDOT with additional flexibility in financing transportation projects. 
 
Infrastructure Financing/Private Activity Bonds (Section 3) 
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.”
13
 
 
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 
                                                
12
 Section 215.616(3), F.S. 
13
 See MunicipalBonds.com, Understanding Private Activity Bonds (municipalbonds.com) (last visited March 7, 2023).  BILL: CS/CS/CS/SB 1250   	Page 6 
 
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.
14
 
 
In Florida, access to PABs is provided by the Florida Development Finance Corporation 
(FDFC),
15
 the “conduit issuer” of PABs, with the power to function within the corporate limits of 
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.
16
 
 
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.
17
 
 
The FDFC is currently authorized, without authorization from a public agency,
18
 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.
19
 
 
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 
                                                
14
 See transportation.gov, Private Activity Bonds | Build America (transportation.gov) (last visited March 7, 2023). 
15
 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. 
16
 See fdfcpace.com, Private Activity Bonds | FDFC (fdfcpace.com) (last visited March 7, 2023). 
17
 Section 288.0606(6), F.S. 
18
 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. 
19
 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/CS/CS/SB 1250   	Page 7 
 
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. 
 
Intermodal Logistics Center Infrastructure Support Program Projects/Rural Areas of 
Opportunity (Section 4) 
Present Situation 
The Intermodal Logistics Center Infrastructure Support Program (ILC Program) is statutorily 
established within the FDOT,
20
 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.
21
 
 
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.
22
 
 
                                                
20
 Section 311.101, F.S. 
21
 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. 
22
 Section 311.101(3), F.S.  BILL: CS/CS/CS/SB 1250   	Page 8 
 
The FDOT must coordinate and consult with the Department of Economic Opportunity in the 
selection of projects to be funded,
23
 and the FDOT must provide up to 50 percent of project costs 
for eligible projects.
24
 
 
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.
25
 The REDI is responsible for coordinating and focusing 
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.
26
 
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,
27
 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.
28
 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.
29
 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.
30
 
 
                                                
23
 Section 311.101(4), F.S. 
24
 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. 
25
 Section 288.0656, F.S. 
26
 Agencies required to participate in the REDI are listed in s. 288.0656(6)(a), F.S. 
27 
 “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. 
28
 Section 288.0656(1)(d), F.S. 
29
 Section 288.0656(7)(a), F.S. 
30
 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/CS/CS/SB 1250   	Page 9 
 
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. 
 
Automated License Plate Recognition Systems/State Highway System (Section 5) 
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.
31
 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.
32
  
 
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.
33
 
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.”
34
 
 
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.
35
 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. 
                                                
31
 Section 316.0778(1), F.S.  
32
 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). 
33
 Section 316.0778(2), F.S.  
34
 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).   
35
 Section 316.0777(2), F.S.  BILL: CS/CS/CS/SB 1250   	Page 10 
 
 To a license plate registrant requesting his or her own information, unless such information 
constitutes active criminal intelligence information
36
 or active criminal investigative 
information.
37
 
 
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.
38
 
 
The bill authorizes, at the discretion of the FDOT, installation of ALPRSs within the rights-of-
way
39
 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 prohibits use of an ALPRS to issue a notice 
of violation or a traffic citation. 
 
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.
40
 
 
                                                
36
 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. 
37
 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. 
38
  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. 
39
 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. 
40
 Supra note 34.  BILL: CS/CS/CS/SB 1250   	Page 11 
 
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.
41
 Aside from 
exemptions granted in current law,
42
 the owner or lessee of any proposed airport must obtain the 
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.
43
 
 
The FDOT, pursuant to statutory direction,
44
 has adopted rules relating to airport site approval.
45
 
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.
46
 
 
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. 330.30(1), F.S., prohibiting the FDOT from requiring an applicant for airport 
site approval to provide a copy of a written memorandum of understanding or letter of agreement 
with other airport sites regarding air traffic pattern separation procedures unless such 
memorandum or letter is required by the Federal Aviation Administration (FAA) or is deemed 
necessary by 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. 
 
                                                
41
 Section 330.30, F.S. 
42
 Section 330.30(3), F.S. 
43
 Section 330.30(1)(a), F.S. Emphasis added. 
44
 Section 330.29(4), F.S. 
45
 Rule Chapter 14-60, F.A.C. 
46
 Rule 14-60(5)(j), F.A.C.  BILL: CS/CS/CS/SB 1250   	Page 12 
 
Airport Projects/Rural Communities (Section 7) 
Present Situation 
Current law requires the FDOT to continuously update an aviation and airport work program 
based on a collection of local sponsors’
47
 proposed projects to be included in the FDOT’s work 
program. The airport work program must separately identify “development projects”
48
 and 
“discretionary capacity improvement projects.”
49
 The aviation and airport work program must be 
consistent with the statewide aviation system plan
50
 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.
51
 
 
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.
52
 
 
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 
                                                
47
 “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. 
48
 “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. 
49
 “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. 
50
  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. 
51
 Section 332.007(1)-(3), F.S. 
52
 Section 332.007(4)(a), F.S.  BILL: CS/CS/CS/SB 1250   	Page 13 
 
given fiscal year may not receive greater than ten percent of total aviation and airport 
development project funds appropriated in that fiscal year.
53
 
 
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.
54
 
 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.
55
 
 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
56
 or commercial service airports
57
 that have fewer than 100,000 passenger 
boardings per year as determined by the Federal Aviation Administration.
58
 
 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.
59
 
 
Subject to the availability of appropriated funds in addition to aviation fuel tax revenues,
60
 the 
FDOT may participate in the capital cost of eligible public airport and aviation discretionary 
                                                
53
 Section 332.007(4)(c), F.S. 
54
 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). 
55
 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. 
56
 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). 
57
 A commercial service airport is a publicly owned airport with at least 2,500 annual enplanements and schedule air carrier 
service. Id. 
58
 Section 332.007(6)(c), F.S. 
59
 Section 332.007(6)(d), F.S. 
60
 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/CS/CS/SB 1250   	Page 14 
 
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.
61
 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.
62
 
 
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.
63
 
 
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.
64
 
 
The FDOT is authorized in s. 339.2821, F.S., to expend funds and contract with the appropriate 
governmental body
65
 for the direct costs of “transportation projects”
66
 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. 
61
 Section 332.007(7), F.S. 
62
 Section 332.007(7)(a), F.S. 
63
 Section 332.007(7)(b), F.S. 
64
 Section 332.007(7)(d), F.S. 
65
 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. 
66
 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/CS/CS/SB 1250   	Page 15 
 
 The location of the transportation project in an enterprise zone as designated in s. 290.0055, 
F.S.,
67
 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.
68
 
 
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.
69
 
 
Current law requires inclusion of specific clauses in a contract between the FDOT and a 
governmental body for economic development transportation projects.
70
 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
71
 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. 
 
Promotional Items/Public Information and Education Campaigns (Section 8) 
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.
72
 
                                                
67
 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. 
68
 Section 339.2821(2), F.S. 
69
 Section 339.2821(3)(a), F.S. 
70
 Section 339.2821(4), F.S. 
71
 Supra note 27. 
72
 Section 334.044(5), F.S.  BILL: CS/CS/CS/SB 1250   	Page 16 
 
The FDOT recently published Florida’s Electric Vehicle Infrastructure Deployment Plan,
73 
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.
74
 The FDOT advises that public engagement activities 
include “briefings, meetings, venues, social media, interactive displays, kiosks, visual materials, 
etc.”
75
 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.
76
 
 
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 8) 
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 
bridge snoopers
77
 and dump trucks, all of which also require a [commercial driver license] as a 
condition of employment.”
78
 
 
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.
79
 
 
                                                
73
 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). 
74
 See FHWA, National Electric Vehicle Infrastructure (NEVI) Formula Program Q&A (dot.gov) (last visited February 10, 
2023). 
75
 See the FDOT’s responses to committee staff questions, Question 2 (on file in the Senate Transportation Committee). 
76
 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 754, Question 4. 
77
 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). 
78
 Supra note 75, Question 1 (on file in the Senate Transportation Committee). 
79
 Ch. 2022-156, L.O.F., p. 319 of 518, available at 156 (flrules.org) (last visited February 10, 2023).  BILL: CS/CS/CS/SB 1250   	Page 17 
 
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. 
 
Design-Build, Phased Design-Build, and Innovative Contracting (Sections 9 and 10) 
Present Situation 
The FDOT is generally authorized to enter into construction and maintenance contracts and must 
ensure that all project descriptions, including design plans, “are complete, accurate, and up to 
date prior to the advertisement for bids on such projects.”
80
 Current law also authorizes the 
FDOT, if it determines that doing so is in the public interest, to combine the design and 
construction phases of a building, a major bridge, a limited access facility, or a rail corridor 
project into a single contract, referred to as a “design-build” contract.
81
  
 
The FDOT is also authorized to establish a program for transportation projects that demonstrate 
innovative techniques of highway and bridge design, construction, maintenance, and finance. 
The innovations must intend to measure resiliency and structural integrity and control time and 
cost increases on construction projects. These techniques may include state-of-the-art technology 
for pavement, safety, and other aspects of highway and bridge design, construction, and 
maintenance; innovative bidding and financing techniques; accelerated construction procedures; 
and techniques that have the potential to reduce project life cycle costs.
82
  
 
To the maximum extent practical, the FDOT must use existing processes to award and 
administer construction and maintenance contracts. If the FDOT intends to use specific 
innovative techniques, it must document the need for any exceptions to current law that would 
otherwise prohibit use of the techniques. 
 
The FDOT is limited to $120 million annually for the purposes of contracting for innovative 
transportation projects. However, the annual cap currently does not apply to: 
 Turnpike Enterprise projects, and 
 Low-bid design-build milling and resurfacing contracts.
83
 
 
According to the Design-Build Institute of America (DBIA), design-build projects enable the 
project owner to manage only one contract, with the designer and contractor working together 
from the beginning and providing consensus project recommendations to fit the owner’s 
schedule and budget. The entire team addresses any necessary changes, which leads “to 
collaborative problem-solving and innovation....” This method of project delivery, the DBIA 
asserts, creates an inherent “culture of collaboration.”
84
 As described by the DBIA, the 
“progressive” type of design-build contract “uses a qualifications-based or best value selection, 
                                                
80
 Section 337.11(1) and (2), F.S. 
81
 Section 337.11(7)(a), F.S. 
82
 Section 337.025(1), F.S. 
83
 Section 337.025(2), F.S. 
84
 See DBIA, What is Design-Build, available at https://dbia.org/what-is-design-build/ (last visited December 19, 2022).  BILL: CS/CS/CS/SB 1250   	Page 18 
 
followed by a process whereby the owner then ‘progresses’ towards a design and contract price 
with the team (thus the term ‘Progressive’).”
85
 
 
Effect of Proposed Changes 
The bill amends s. 337.025, F.S., relating to the FDOT’s authority to undertake innovative 
transportation projects, increasing from $120 million to $200 million the annual cap on the 
award of contracts using innovative techniques of highway and bridge design, construction, 
maintenance, and finance. 
 
The bill amends s. 337.11(7), F.S., F.S., relating to the FDOT’s authority to engage in design-
build contracting, to allow the FDOT to combine the design and construction phases of any 
project into a single contract. Though the bill repeals the exemption for low-bid design-build 
milling and resurfacing contracts from the new cap on innovative transportation projects, by 
removing the limitation on design-build contracting to the design and construction phases of a 
building, a major bridge, a limited access facility, or a rail corridor project, “traditional” low-bid 
design-build milling and resurfacing contracts would not be subject to the cap. The FDOT would 
be authorized to use “traditional” design-build contracting for any type of project, including low-
bid design-build milling and resurfacing contracts. 
 
The bill authorizes the FDOT, if it determines that doing so is in the best interests of the public, 
to combine the design and construction phases of a project fully funded in the work program into 
a single contract and select the design-build firm in the early stages of a project to ensure that the 
firm is part of the collaboration and development of the design as part of a step-by-step 
progression through construction. The bill refers to such a contract as a phased design-build 
contract. 
 
Selection and award of such contracts must include a two-phase process. For phase one, the 
FDOT must competitively award the contract to a design-build firm based upon the firm’s 
qualifications. In phase two, the selected firm must competitively bid construction trade 
subcontractor packages and, based upon these bids, negotiate with the FDOT for a fixed firm 
price or guaranteed maximum price that meets the project budget and scope as advertised in the 
request for qualifications. 
 
The bill includes phased design-build contracts in current law authorizing the advertisement and 
award of design-build contracts, notwithstanding provisions prohibiting such before title and all 
necessary rights-of-way and easements for a project have vested. The bill also includes phased 
design-build contracts in current law requiring the FDOT to adopt by rule procedures for 
administering such contracts. 
Fast Response Contracting (Section 10) 
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 
                                                
85
 See DBIA, Progressive Design-Build, Design-Build Procured with a Progressive Design & Price, at p. 3, available at 
https://dbia.org/wp-content/uploads/2018/05/Primer-Progressive-Design-Build.pdf (last visited December 19, 2022).  BILL: CS/CS/CS/SB 1250   	Page 19 
 
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.
86
 
 
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.
87
 
 
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 
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.
88
  The Legislature 
increased that amount to $120,000 in 2002.
89
 In 2017, the cap was increased to $250,000 at the 
request of the FDOT, citing increased construction costs due to inflation.
90
 
 
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.”
91
 
 
 
                                                
86
 Section 337.11, F.S. 
87
 Section 337.11(6)(c), F.S. 
88
 Ch. 99-385, L.O.F. 
89
 Ch. 2002-20, L.O.F. 
90
 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. 
91
 See Florida Department of Transportation, 2023 Legislative Proposals, Number 2 (on file in the Senate Transportation 
Committee).  BILL: CS/CS/CS/SB 1250   	Page 20 
 
 
Chairs Coordinating Committee/Metropolitan Planning Organizations (Section 11) 
Federal law and regulations give significant responsibility for transportation planning to 
metropolitan planning organizations (MPOs),
92
 in coordination with the FDOT and others. To 
carry out the MPO planning process, federal
93
 and state
94
 law require an MPO to be designated 
for each urbanized area
95
 of more than 50,000 individuals, by agreement between the Governor 
and units of general purpose local government that together represent at least 75 percent of the 
affected population (including the largest incorporated city (based on population) as determined 
by the Bureau of the Census), or in accordance with procedures established by applicable state or 
local law.
96
  
 
To the extent possible, only one MPO shall be designated for each urbanized area or group of 
contiguous areas.
97
 Under both federal
98
 and state law,
99
 more than one MPO may be designated 
within an existing urbanized area only if the Governor and the existing MPO determine that the 
size and complexity of the area make designation of more than one MPO for the area 
appropriate. 
 
The jurisdictional boundaries of an MPO are determined by agreement between the Governor 
and the applicable MPO. Such boundaries must include at least the metropolitan planning 
area,
100
 which, under s. 339.175(2)(c), F.S., is the existing urbanized area and the contiguous 
area expected to become urbanized within a 20-year forecast period, and may encompass the 
entire metropolitan statistical area
101
 or the consolidated metropolitan statistical area.
102
 In those 
cases where two or more MPOs serve the same urbanized area, the MPOs shall establish official, 
                                                
92
 An MPO is the policy board of an organization created and designated to carry out the MPO transportation planning 
process, as a condition for receipt of Federal aid for planned transportation projects. 23 C.F.R. § 450.104. 
93
 23 U.S.C. § 134. 
94
 Section 339.175, F.S. 
95
 According to the Federal Highway Administration (FHWA), the Census definition of “urbanized area” and that of the 
FHWA differ. For the 2020 Decennial Census, the Census Bureau designated all qualifying areas as “urban areas” and did 
not distinguish any urban areas as an “urbanized area.” The term “urbanized area” under the FHWA definition means an area 
with a population of 50,000 or more designated by the Census Bureau, within boundaries to be fixed by responsible State and 
local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall encompass, at a 
minimum, the entire urbanized area within a State as designated by the Census Bureau. See fhwa.dot.gov, FAQ Topic 1: 
Definitions - FAQ - Census Urbanized Areas and MPO/TMA Designation - Census Issues - Planning - FHWA (dot.gov) (last 
visited April 5, 2023). For a table listing all 2020 Census urban areas, including those in Florida, see the Federal Register, 
Vol. 87, No. 249, December 29, 2022, available at 2022-28286.pdf (govinfo.gov) (last visited April 5, 2022). 
96
 Florida law generally mirrors federal law with respect to MPO designation, as well as other provisions relating to MPOs. 
97
 Section 339.175(2)(a)2., F.S. 
98
 23 U.S.C. § 134(d)(7). 
99
 Section 339.175(2)(a)2., F.S. Each designated MPO operates under the provisions of s. 339.175, F.S., pursuant to an 
interlocal agreement. 
100
 The geographic area determined by agreement between the MPO for the area and the Governor. 23 U.S.C. § 134(b)(1). 
101
 Defined by the Office of Management and Budget (OMB) as a core based statistical area associated with at least one 
urban area that has a population of at least 50,000, comprising the central county or counties containing the core, plus 
adjacent outlying counties having a high degree of social and economic integration with the central county or counties as 
measured through commuting. FHWA, supra note 101. 
102
 The OMB defines a combined statistical area as a geographic entity consisting of two or more adjacent core based 
statistical areas with certain employment interchange measures. FHWA, supra note 101.  BILL: CS/CS/CS/SB 1250   	Page 21 
 
written agreements that clearly identify areas of coordination and the division of transportation 
planning responsibilities among the MPOs.
103
 
 
Current federal regulations provide that “an existing MPO may be redesignated only by 
agreement between the Governor and units of general purpose local government that together 
represent at least 75% of the existing metropolitan planning area population (including the 
largest incorporated city, based on population, as named by the Bureau of the Census).”
104, 105 
 
The federal regulations require redesignation of an existing MPO when that MPO proposes to 
make: 
 A substantial change in the proportion of voting members on the existing MPO representing 
the largest incorporated city, other units of general purpose local government served by the 
MPO, and the State; or 
 A substantial change in the decision-making authority or responsibility of the MPO, or in 
decision-making procedures established under MPO bylaws.
106
 
 
While MPO coordination is clearly contemplated in current law, of Florida’s 27 MPOs
107
 (the 
most of any state in the country), most are not multi-jurisdictional; and each has its own 
priorities. 
 
Following a number of legislative revisions to transportation and transit authorities and related 
entities in the area,
108
 the Sun Coast Transportation Planning Alliance (SCTPA) continues 
serving the West Central Florida area covered by the MPOs and transportation planning 
organizations in the same counties as the statutory CCC. 
 
The Sun Coast Transportation Planning Alliance (SCTPA), formerly the MPO 
Chairs Coordinating Committee (CCC), of West Central Florida is the longest-
standing regional transportation planning compact among MPOs in the State of 
Florida, and its members are Hernando/Citrus, Hillsborough, Pasco, Pinellas, 
Polk, and Sarasota/Manatee. The group also includes advisors from the Tampa 
Bay Area Regional Transit Authority (TBARTA), the Florida Department of 
Transportation (FDOT), the Tampa Bay Regional Planning Council (TBRPC), 
Pinellas Suncoast Transit Authority (PSTA), and Hillsborough Area Regional 
Transit (HART).
109
 
 
A review of the SCTPA’s website suggests it is actively engaged in regional transportation 
planning.
110
 Among other relevant information such as transit and trails visions, the Regional 
                                                
103
 Section 339.175(2)(d), F.S. 
104
 23 C.F.R. 450.310(h) (2017). 
105
 For purposes of redesignation, units of general purpose local government may be defined as elected officials from each 
unit of general purpose local government located within the MPA served by the existing MPO. 23 C.F.R. 450.310(i) (2017). 
106
 23 C.F.R. 450.310(j) (2017). 
107
 See mpoac.org, MPOs – MPOAC for a listing of the 27 Florida MPOs (last visited April 5, 2023). 
108
 See the Florida Senate Staff Analysis for CS/SB 198 dated March 7, 2023, available at 2023 S0019 ATD (flsenate.gov) 
(last visited April 11, 2023). 
109
 Suncoasttpa.org, Alliance Members – Sun Coast TPA (last visited April 11, 2023). 
110
 Suncoasttpa.org, Our Board – Sun Coast TPA (last visited April 11, 2023).  BILL: CS/CS/CS/SB 1250   	Page 22 
 
Long-Range Transportation Plan, and funding priorities, the website offers items such as 
assistance relating to public involvement with the SCTPA’s activities and services such as an 
interactive Tri-County Trails Map reflecting trails and bike lanes throughout the Tampa Bay 
Region.
111
 
 
The CCC’s minimum statutory duties remain as follows: 
 Coordinate transportation projects deemed to be regionally significant by the committee; 
 Review the impact of regionally significant land use decisions on the region; 
 Review all proposed regionally significant transportation projects in the respective 
transportation improvement programs
112
 which affect more than one of the MPO’s 
represented on the committee; and 
 Institute a conflict resolution process to address any conflict that may arise in the planning 
and programming of such regionally significant projects. 
 
Effect of Proposed Changes 
The bill amends s. 339.175(6)(i), F.S., abolishing the CCC. By December 31, 2023, the bill 
requires the MPOs serving Hillsborough, Pasco, and Pinellas counties (not including current 
CCC member counties Citrus, Hernando, Manatee, Polk and Sarasota) to submit to the 
Governor, the President of the Senate, and the Speaker of the House of Representatives a 
feasibility report exploring the benefits, costs, and process of consolidation into a single MPO 
serving the contiguous urbanized area,
113
 the goal of which is to: 
 Coordinate transportation projects deemed to be regionally significant. 
 Review the impact of regionally significant land use decisions on the region. 
 Review all proposed regionally significant transportation projects in the transportation 
improvement programs. 
 
Requiring a feasibility report does not appear to run afoul of federal law and regulations relating 
to MPOs. Nothing in the bill directs the affected MPOs to enter into any agreement, and nothing 
in the bill precludes the voluntary coordination of regional transportation planning by any MPOs. 
 
                                                
111
 Suncoasttpa.org, Sun Coast TPA – Sun Coast Transportation Planning Alliance (SCTPA) (last visited April 11, 2023). 
112
 The transportation improvement program is used to initiate federally aided transportation facilities and improvements to 
be funded from the State Transportation Trust Fund and must also be consistent, to the maximum extent feasible, with the 
approved local government comprehensive plans of the units of local government whose boundaries are within the 
metropolitan area of the MPO. Section 339.175(8), F.S. 
113
 According to the Federal Highway Administration (FHWA), the Census definition of “urbanized area” and that of the 
FHWA differ. For the 2020 Decennial Census, the Census Bureau designated all qualifying areas as “urban areas” and did 
not distinguish any urban areas as an “urbanized area.” The term “urbanized area” under the FHWA definition means an area 
with a population of 50,000 or more designated by the Census Bureau, within boundaries to be fixed by responsible State and 
local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall encompass, at a 
minimum, the entire urbanized area within a State as designated by the Census Bureau. See fhwa.dot.gov, FAQ Topic 1: 
Definitions - FAQ - Census Urbanized Areas and MPO/TMA Designation - Census Issues - Planning - FHWA (dot.gov) (last 
visited April 5, 2023).  BILL: CS/CS/CS/SB 1250   	Page 23 
 
Public Transportation Development Plan Consistency (Section 12) 
Present Situation 
The federal Surface Transportation Block Grant Program apportions funding for each state
114
 
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,
115
 including intercity bus 
terminals.
116
 The FDOT and local governmental entities are authorized to receive federal grants 
or apportionments for public transit
117
 and intercity bus service projects
118
 in this state.
119
 
 
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
120
 and “Section 18” 
providers,
121
 as specified. Eligible providers must establish public transportation development 
plans consistent, to the maximum extent feasible, with approved local government 
comprehensive plans of the units of local government in which the provider is located.
122
 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.  
 
                                                
114
 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). 
115
 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. 
116
 See FHWA, STBG - Federal-aid Programs - Federal-aid Programs and Special Funding - Federal Highway Administration 
(dot.gov) (last visited February 13, 2023). 
117
 “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. 
118
 “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. 
119
 Section 341.051(1), F.S. 
120
 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). 
121
 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. Sub recipients 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). 
122
 Section 341.052(1), F.S.  BILL: CS/CS/CS/SB 1250   	Page 24 
 
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.
123
 
 
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. 
Fixed-Guideway Transportation System Safety Standards and Inspections (Section 13) 
Present Situation 
The FDOT is currently required to adopt by rule minimum safety standards for governmentally 
owned fixed-guideway transportation systems (FGTSs) and privately owned or operated FGTSs 
operating in this state which are financed wholly or partly by state funds. Standards must be site-
specific and developed jointly by the FDOT and representatives of the affected systems, giving 
full consideration to nationwide industry safety norms relating to the development and operation 
of such systems.
124
 
 
The FDOT’s Procedure 850-010-030-k
125
 sets out provisions governing inspection and reporting 
relating to bridges and other structures. The primary objective of the FDOT’s Bridge and Other 
Structures Inspection Program is to protect the safe and welfare of the motoring public and 
safeguard the public’s investment. The program identifies bridge deficiencies and other 
deficiencies that are critical enough to endanger public safety. Non-critical deficiencies are also 
identified.
126
 The FDOT advises that the focus of this procedure is on structural integrity.
127
 
The FDOT’s rule
128
 incorporates by reference the FDOT’s Fixed Guideway Transportation 
Systems State Safety and Security Oversight (SSO) Program Standard, May 2018. According to 
this document:  
 
The FDOT SSO program fulfills the Federal Transit Administration (FTA) 
State Safety Oversight Rule (49 CFR Part 674), which requires states to 
oversee the safety of Rail Fixed-Guideway Transit Systems through a 
designated oversight agency. This FTA rule implement enhanced 
oversight requirements precipitated by the Moving Ahead for Progress in 
the 21
st
 Century Act (MAP-21) of 2012. Pursuant to Section 341.061(1), 
Florida Statutes, and Rule 14-15.017, Florida Administrative Code, FDOT 
is designated as the State Safety Oversight Agency responsible for safety 
and security oversight of Rail Fixed Guideway Transit Systems operated 
                                                
123
 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). 
124
 Section 341.061, F.S. 
125
 On file in the Senate Transportation Committee. 
126
 Id. at p. 3. 
127
 Telephone conversation with FDOT staff April 24, 2023. 
128
 Rule 14-15.017, F.A.C.  BILL: CS/CS/CS/SB 1250   	Page 25 
 
in the State of Florida, which are financed wholly or partly by state 
funds.
129
 
 
The FDOT advises that the focus in carrying out the federal requirement for state oversight is on 
systems safety, as opposed to structural integrity.  
 
The SSO Program document makes the following distinction: 
 “The FGTS
130
 subject to the FTA regulations [49 CFR Part 674] and the provisions in Part 1 
of this SSO Manual as of August 2018 are: Miami-Dade Department of Transportation and 
Public Works (DTPW) Metrorail and Metromover, Jacksonville Transportation Authority 
(JTA) Skyway, and Hillsborough Area Regional Transit Authority (HART) – TECO Line 
Streetcar.” 
 “Other FGTS in the state are subject to Section 341.061(1), but not 49 U.S.C. 5329 and 49 
CFR Part 674. These systems are subject to Part 2 of this Manual. As of August 2018, these 
systems are: the Miami International Airport automated people movers, the Orlando 
International Airport automated people movers, the SunRail commuter rail system, the 
Tampa International Airport automated people movers, and the South Florida Regional 
Transportation Authority Tri Rail commuter rail system.”
131
 
 
Current Florida law does not require the FDOT to inspect fixed-guideway transportation systems 
that are privately funded and operated, even when open to the public.
132
 Further, the FDOT 
advises that neither the procedure nor the rule currently address a fixed-guideway transportation 
system operating in this state, which is located within an independent special district created by 
local act and with boundaries within two contiguous counties.
133
 The FDOT will need to revise 
the identified procedure, and may need to revise other relevant documents, including, but not 
limited to, the SSO Program document.
134
 
 
Effect of Proposed Changes 
The bill amends s. 341.061(1)(a), F.S., requiring the FDOT to adopt by rule minimum safety 
standards for any governmentally or privately owned fixed-guideway transportation systems 
operating in this state which are located within an independent special district created by local 
act which have boundaries within two contiguous counties.  
 
The bill requires the FDOT to conduct structural safety inspections in adherence with s. 335.074, 
F.S., for any fixed-guideway transportation systems that are raised or have bridges, as 
appropriate. Inspectors must follow FDOT safety protocols during safety inspections, including 
requiring the suspension of system service to ensure safety and welfare of inspectors and the 
traveling public during such inspections. 
                                                
129
 See the FDOT’s Fixed Guideway Transportation Systems State Safety and Security Oversight Program Standard (on file 
in the Senate Transportation Committee). 
130
 “FGTS” means fixed-guideway transportation systems. 
131
 Supra note 135, p. 17. 
132
 Note, however, that the procedure does call for inspection of public or privately-owned bridge structures, generally when 
the structures pass over a state-maintained highway. 
133
 Supra note 133. 
134
 Id.  BILL: CS/CS/CS/SB 1250   	Page 26 
 
 
These provisions allow for inspection of a fixed-guideway transportation system that is open to 
the public, regardless of the nature of its ownership or funding, thereby ensuring the safety and 
welfare of the public using such systems. 
 
Public Transit Provider Productivity and Performance Measures (Section 12) 
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.”
135
 
 
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 
requirements, according to the FDOT
136
) 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 13 and 14) 
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 
                                                
135
 See the FDOT’s responses to committee staff questions, Question 6 (on file in the Senate Transportation Committee). 
136
 See the FDOT’s document, “Florida Department of Transportation 2023 Legislative Proposals” (on file in the Senate 
Transportation Committee.)  BILL: CS/CS/CS/SB 1250   	Page 27 
 
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.
137
 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.,
138
 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.
139
 
 
Effective Date (Section 15) 
Except as otherwise provided, the bill takes effect July 1, 2023. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
                                                
137
 See FDOT email to committee staff, February 7, 2023 (on file in the Senate Transportation Committee). 
138
 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. 
139
 Sections 338.22-338.241, F.S.  BILL: CS/CS/CS/SB 1250   	Page 28 
 
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: 
Increasing the maximum amount of debt service coverage that may be transferred from 
the STTF to the Right-of-Way Acquisition and Bridge Construction Trust Fund will 
provide the FDOT with additional bonding capacity. However, the resulting fiscal impact 
of the additional bonding capacity is indeterminate, as the details of any projects to be 
funded using the additional bonding capacity is unknown. 
 
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 fiscal impact to the STTF of authorizing the FDOT to provide up to 100 percent of 
projects costs for eligible ILC Program projects in rural areas of opportunity is 
indeterminate, as the details of projects to be funded, and at what percentage, are 
unknown. 
 
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 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. 
 
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/CS/CS/SB 1250   	Page 29 
 
The fiscal impact of authorizing the FDOT to engage in design-build contracting for any 
type of project, not just for a building, a major bridge, a limited access facility, or a rail 
corridor project, and to undertake phased design-build contracting, is indeterminate, as 
the extent to which the FDOT will employ such contracting and the details of any project 
covered by such contracting are unknown. 
 
The authorization to purchase 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. 
 
The MPOs serving Hillsborough, Pasco, and Pinellas counties may incur indeterminate 
expenses associated with conducting and submitting the feasibility report. The bill makes 
no appropriation in support of those expenses, which presumably will be absorbed by the 
identified MPOs. 
 
The FDOT is expected to incur indeterminate expenses associated with adopting 
minimum safety standards for the specified fixed-guideway systems, with necessary 
revision of its bridge inspection procedure and possibly other related documents, and 
with conducting the required structural safety inspections. The bill makes no 
appropriation in support of those expenses, which presumably will be absorbed within the 
FDOT’s existing resources. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends the following sections of the Florida Statutes:  206.46, 215.616, 
288.9606, 311.101, 316.0777, 330.30, 332.007, 334.044, 337.025, 337.11, 339.175, 341.052, 
341.061, and 341.071. 
  BILL: CS/CS/CS/SB 1250   	Page 30 
 
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 Fiscal Policy Committee on April 25, 2023: 
The committee substitute: 
 Increases the maximum amount of debt service coverage that may be transferred from 
the STTF to the Right-of-Way Acquisition and Bridge Construction Trust Fund. 
 Increases the maximum term of state bonds for federal aid highway construction. 
 Increases from $120 million to $200 million the annual cap on the award of contracts 
using innovative techniques of highway and bridge design, construction, 
maintenance, and finance. 
 Revises requirements for design-build contracts, allowing the FDOT to combine the 
design and construction phases of any transportation project. 
 Authorizes the FDOT to enter into phased design-build contracts under specified 
conditions, provides requirements for such contracts, and requires the FDOT to adopt 
rules for administering such contracts.  
 Requires the FDOT to adopt by rule minimum safety standards for certain fixed-
guideway transportation systems operating in this state and to conduct structural 
safety inspections of such systems as specified. 
 Removes from the bill extension of 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. 
 
CS by Appropriations Committee on Transportation, Tourism and Economic 
Development on April 12, 2023: 
The committee substitute: 
 Removes from the bill exclusion of rating agency services from the list of contractual 
services and commodities that are not subject to the competitive solicitation 
requirements. 
 Revises the authorization for installation of automated license plate recognition 
systems within the rights-of-way of a road on the State Highway System by 
prohibiting use of such systems to issue a notice of violation or a traffic citation. 
 Relocates and revises the language relating to applications for airport site approvals, 
providing that the FDOT may not require an applicant to provide an agreement with 
other airport sites regarding traffic pattern separation procedures unless required by 
the FAA or deemed necessary by the FDOT.  BILL: CS/CS/CS/SB 1250   	Page 31 
 
 Clarifies that the FDOT may fund up to 100 percent of eligible project costs of 
specified projects at a publicly owned, publicly operated airport located in a rural 
community which has no scheduled commercial service. 
 Abolishes the Chair’s Coordinating Committee and requires the MPOs serving 
Hillsborough, Pasco, and Pinellas counties to submit a feasibility report exploring the 
benefits, costs, and process of consolidation into a single MPO serving the contiguous 
urbanized area. 
 
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 
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.