The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Transportation
BILL: CS/SB 462
INTRODUCER: Transportation Committee and Senator DiCeglie
SUBJECT: Transportation
DATE: March 20, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Johnson Vickers TR Fav/CS
2. RI
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 462 addresses various provisions relating to transportation. The bill:
• Distributes $4.167 million monthly in sales tax revenues to the State Transportation Trust
Fund to account for the impact of electric and hybrid vehicles.
• Requires each county to annually submit specified transportation project data to FDOT.
• Increases maximum allowable speed limits on certain highways by five miles per hour.
• Authorizes public use airports to participate in the federal Airport Investment Partnership
Program and make such airports eligible for certain state funds.
• Authorizes the Florida Department of Transportation (FDOT) to use eminent domain to
preserve a corridor for future proposed improvements.
• Authorizes FDOT to provide workforce development grants to state colleges and school
districts to fund elective courses in heavy civil construction.
• Requires certain studies regarding capacity improvements on limited access facilities to
evaluate the use of elevated roadways.
• Requires certain project development and environmental studies to be completed within 18
months.
• Specifies that contractors who enter into construction and maintenance contracts with FDOT
are providing a service to FDOT.
• Provides requirements for FDOT to obtain best and final officers from bidders, and for
rebidding certain contracts.
• Revises provisions related to phased design-build contracts.
REVISED: BILL: CS/SB 462 Page 2
• Provides additional insurance requirements for bridge-related contracts over navigable
waters.
• Prohibits FDOT, through the settlement of a bid protest, from creating a new contract unless
the new contract is competitively procured.
• Authorizes FDOT to waive prequalification for certain contracts of $1 million or less.
• Requires contractors seeking to bid on certain FDOT maintenance contracts to possess the
qualifications and equipment needed to perform such work.
• Increases threshold amounts for contract disputes resolved by the State Arbitration Board.
• Requires lawsuits related to warranty and construction defect claims made after final
acceptance, must be made within 360 days after notification of the claim.
• Requires certain underground utility facilities to be electronically detectable.
• Requires utility owners to pay authorities (FDOT and local jurisdictions) reasonable damages
for failure to or refusal to timely remove or relocate a utility.
• Provides requirements for the use of as-built plans as it relates to utility work in the right-of-
way.
• Authorizes FDOT, if certain conditions are met, to reimburse a utility owner for a portion of
its relocation costs.
• Provides procedures for FDOT and the utility owner to follow related to notice requirements,
the submission of relocation plans, and the need for additional work.
• Requires FDOT to establish mediation boards to resolve utility-related disputes and provides
requirements for such boards.
• Revises provisions regarding metropolitan planning organizations, including requiring the
exchange of best practices, and accountability and transparency requirements.
• Repeals the Metropolitan Planning Organization Advisory Council.
• Requires FDOT to develop and submit a report regarding the widening of Interstate 4.
The bill has a potential fiscal impact on state and local governmental entities. See section V,
“Fiscal Impact Statement” for details.
The bill takes effect July 1, 2025.
II. Present Situation:
For ease of organization and readability, the present situation is discussed below with the effect
of proposed changes.
III. Effect of Proposed Changes:
Distribution of Sales Tax Revenues (Section 1)
Present Situation
Florida levies a six percent tax on the retail sale of most tangible personal property, admissions,
transient lodgings and motor vehicles.
1
However, the sales tax rate for non-residential electric
1
Office of Economic and Demographic Research, 2024 Florida Tax Handbook, p. 166.
https://edr.state.fl.us/content/revenues/reports/tax-handbook/taxhandbook2024.pdf (last visited January 28, 2025). BILL: CS/SB 462 Page 3
services is 4.35 percent.
2
The Department of Revenue (DOR) distributes state sales tax proceeds
to various state trust funds and local governments, with any remaining sales tax proceeds
distributed to the General Revenue Fund.
3
Effect of Proposed Changes
The bill provides that to account for the impact of electric and hybrid vehicles on the State
Highway System and the use of taxes collected from motorists when charging such vehicles,
beginning July 2025, and reassessed every 5 fiscal years, the Department of Revenue must
distribute $4.167 million monthly to the State Transportation Trust Fund (STTF). This
distribution must take place on or before the 25
th
day of each month.
County Transportation Project Data (Section 2)
Present Situation
Annually, each county and municipality must provide FDOT with uniform program data.
Uniform program data must include, but is not limited to, details on transportation receipts and
expenditures, and on the number of miles of road under the local governmental entity’s
jurisdiction. FDOT must compile this data and, upon request, furnish its compilation to any
interested person.
4
Effect of Proposed Changes
The bill requires each county to annually provide FDOT with uniform project data. Such data
must conform to the county’s fiscal year and include details on transportation revenues by source
of taxes or fees, expenditure of such revenues for projects that were funded, and any unexpended
balance for the fiscal year. The data must also include project details, including the project cost,
location, and scope. The scope of the project must be categorized broadly using a category, such
as widening, repair and rehabilitation, or sidewalks. The data must specify which projects the
revenues not dedicated to specific projects are supporting. FDOT must inform each county of the
method and format for submitting its data. FDOT must compile this data and publish its
compilation on its website.
Speed Limits (Sections 3 and 4)
Present Situation
Florida law prohibits a person from driving a vehicle on a highway at a speed greater than what
is reasonable and prudent under current conditions and with regard to actual and potential
hazard.
5
Florida law also establishes minimum speed limits. On all highways on the National System of
Interstate and Defense and have four or more lanes, the minimum speed is 40 miles per hour,
2
Id. at 171. Section 212.05(1)(e).1.c., F.S.
3
Id. at 173. Section 212.20(6), F.S.
4
Section 218.322, F.S.
5
Section 316.183(1), F.S. BILL: CS/SB 462 Page 4
except that when the posted speed limit is 70 miles per hour, then the minimum speed is 50 miles
per hour.
6
Florida law establishes the following maximum allowable speed limits:
• On limited access highways - 70 miles per hour.
7
• On divided highways outside an urban area of 5,000 or more persons, with at least four lanes
- 65 miles per hour.
8
• On other FDOT roadways - as FDOT deems safe and advisable, but not to exceed 60 miles
per hour.
9
Speeding violations are noncriminal traffic infractions, punishable as moving violations.
10
The
statutory fines, based on the miles per hour above the speed limit are as follows:
• 1-5 mph -Warning
• 6-9 mph - $25
• 10-14 mph - $100
• 15-19 mph - $150
• 20-29 mph - $175
• 30 mph and above - $250
11
Effect of Proposed Changes
The bill requires FDOT to determine the safe and advisable minimum speed on all highways on
the National System of Interstate and Defense Highways that have at least four lanes.
The bill increases maximum allowable speed limits as follows:
• For limited-access highways from 70 to 75 miles per hour.
• For other highways outside an urban area that has at least four lanes and is a divided highway
from 65 to 70 miles per hour.
• For other roadways under FDOT’s jurisdiction from 60 to 65 miles per hour.
Florida Airport Development and Assistance Act (Sections 6-8)
Present Situation
The federal Airport Investment Partnership Program,
12
authorizes private companies to own,
manage, lease, and develop public airports. Public airport sponsors and private operators may
jointly manage an airport. The airport owner or leaseholder may be exempt from repayment of
federal grants, return of property acquired with federal assistance, and the use of proceeds from
the airport's sale or lease to be used exclusively for airport purposes.
13
6
Section 316.183(2), F.S.
7
Section 316.187(2)(a), F.S.
8
Section 316.187(2)(b), F.S.
9
Section 316.187(2)(c), F.S.
10
Sections 316.183(7) and 316.187(3), F.S., Penalties are as provided in ch. 318, F.S.
11
Section 318.18(3)(b), F.S. In addition to these penalties, there Florida law imposes or authorizes additional fees and
surcharges.
12
49 U.S.C. s. 47134, the program was previously known as the Airport Privatization Pilot Program.
13
Federal Aviation Administration, Airport Investment Partnership Program, formerly Airport Privatization Pilot Program,
https://www.faa.gov/airports/airport_compliance/privatization (last visit March 18, 2025). BILL: CS/SB 462 Page 5
For purposes of the Florida Airport Development and Assistance Act,
14
the term “public-use
airport” means any publicly owned airport which is used or to be used for public purposes.
15
The term “eligible agency” means a political subdivision of the state or an authority which owns
or seeks to develop a public-use airport.
16
FDOT is given certain statutory duties regarding aviation development and assistance, including
providing financial and technical assistance to airports,
17
and to encourage the maximum
allocation of federal funds to local airport projects.
18
FDOT’s annual legislative budget request for aviation and airport development projects is based
on the funding required for development projects in its aviation and airport work program.
FDOT must prioritize funding to support 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.
19
Section 332.007, F.S., authorizes FDOT to fund certain aviation and airport-related projects. The
statute provides requirements and limits on airport funding from the STTF. Requirements can be
based on the airport type, availability of federal funds, project type, and size of the airport.
Section 255.065, F.S., authorizes local jurisdictions, including counties, municipalities, and
special districts to enter into public-private partnerships for qualifying projects, which include
airport facilities, for a public purpose. That statute provides legislative findings and intent,
requirements for project approval, a project qualification process, the requirements for
agreements related to the partnership, powers and duties of the private entity, and other related
provisions.
Effect of Proposed Changes
The bill amends the Florida Airport Development and Assistance Act to change various
references to airports to public use airports.
The bill amends the definition of the term “eligible agency” to include a public-private
partnership through a lease or agreement under s. 255.065, F.S., with a political subdivision of
the state or an authority, which owns or seeks to develop a public use airport.
The bill authorizes a municipality, county, or authority that owns a public-use airport to
participate in the FAA’s Airport Investment Partnership Program by contracting with a private
partner to operate the airport under lease or agreement. Subject to the availability of appropriated
funds from aviation fuel tax revenues, FDOT may provide for improvements to a municipality,
14
Sections 332.003-332.007, F.S.
15
Section 332.004(14), F.S.
16
Section 332.004(7), F.S.
17
Section 332.006(4), F.S.
18
Section 332.006(8), F.S.
19
Section 332.007(4)(a), F.S. BILL: CS/SB 462 Page 6
county, or authority that has a private partner under the federal Airport Investment Partnership
Program for capital costs of a discretionary improvement project at a public-use airport.
FDOT - Eminent Domain Authority (Section 9)
Present Situation
Eminent domain refers to the government’s power to take private property and convert it into
public use. The Fifth Amendment of the United States Constitution provides that the government
may only exercise the power of eminent domain if it provides just compensation to the property
owners.
20
Similarly, Article X, section 6(a) of the Florida Constitution provides that “[n]o private property
shall be taken except for a public purpose and with full compensation therefor paid to each
owner or secured by deposit in the registry of the court and available to the owner.”
21
FDOT may acquire, by eminent domain, all property or property rights, whether public or
private, which it determines necessary to perform its duties or execute its powers.
22
FDOT has the statutory authority to condemn all necessary lands and property, whether public or
private, for the purpose of securing and utilizing transportation rights-of-way, including a FDOT-
designated transportation corridor.
23
Florida’s statutory definition of the term “transportation
corridor” includes all property or property interests necessary for future transportation facilities
for the purpose of securing and utilizing future transportation rights-of-way.
24
Effect of Proposed Changes
The bill authorizes FDOT to use its eminent domain authority in advance to preserve a
transportation corridor for future proposed improvements.
FDOT - Workforce Development (Section 9)
Present Situation
Florida law authorizes FDOT to provide a construction workforce development program, in
consultation with affected stakeholders, to deliver projects in FDOT's work program.
25
FDOT
must annually allocate $5 million to this program.
26
20
Cornell Law School, Legal Information Institute, Eminent Domain,
https://www.law.cornell.edu/wex/eminent_domain#:~:text=Eminent%20domain%20refers%20to%20the,compensation%20to
%20the%20property%20owners. (last visited February 3, 2025).
21
Florida’s eminent domain laws are codified in chs. 73 and 74, F.S.
22
Section 334.044(6), F.S.
23
Section 337.27(1), F.S.
24
Section 334.03(29)(b), F.S.
25
Section 334.044(35), F.S. FDOT’s work program is developed pursuant to s. 339.135, F.S.
26
Section 339.84, F.S. This is beginning in the 2023-2024 fiscal year and for five years thereafter. These funds are from the
STTF. BILL: CS/SB 462 Page 7
Effect of Proposed Changes
The bill authorizes FDOT to annually expend, in fiscal years 2025-2026 through 2029-2030, up
to $5 million, from the STTF, for grants to state colleges and school districts, prioritizing
colleges and school districts located in counties in rural communities.
27
These grants may be
used to purchase equipment simulators and a companion curriculum, and to support offering an
elective course in heavy civil construction. The course must, at a minimum, provide the student
with OSHA certification and fill equipment simulator certification.
Center for Urban Transportation Research (Section 10)
Present Situation
The Center for Urban Transportation Research (CUTR) is established at the University of South
Florida (USF). CUTR’s responsibilities include conducting and facilitating research on issues
related to Florida’s urban transportation problems and serving as an information exchange and
depository for the most current information pertaining to urban transportation and related
issues.
28
CUTR’s advisory board reviews and advises CUTR concerning its research program. Except for
projects mandated by law, CUTR may not undertake state-funded projects without advisory
board approval. CUTR’s advisory board consists of nine transportation-related experts,
including:
• The Secretary of Transportation or his or her designee.
• The Secretary of Environmental Protection or his or her designee.
• The Secretary of Commerce or his or her designees.
• A member of the Florida Transportation Commission.
The nomination of the remaining board members is made to USF’s President by the USF College
of Engineering. The appointments of these members are reviewed and approved by the Florida
Transportation Commission and confirmed by the Board of Governors.
29
Effect of Proposed Changes
The bill amends CUTR’s advisory board to consist of 10 transportation experts including the
following:
• A member appointed by the President of the Senate.
• A member appointed by the Speaker of the House of Representatives.
• The Secretary of Transportation or his or her designee.
• The Secretary of Commerce or his or her designee.
27
Section 288.0656(2)(e), F.S., defines the term “rural community” to mean a county with a population of 75,000 or fewer; a
county with a population of 125,000 or fewer which is contiguous to a county with a population of 75,000 or fewer; a
municipality within a county above; or 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 and verified by the
Department of Commerce.
28
Section 334.065(1), F.S.
29
Section 334.065(3), F.S. BILL: CS/SB 462 Page 8
• A member of the Florida Transportation Commission.
• Five members recommended to the President of USF by USF’s College of Engineering,
whose appointments must be reviewed and approved by the Florida Transportation
Commission and confirmed by the Board of Governors.
FDOT – Project Concept Studies (Section 11)
Present Situation
The term “project concept study” is not defined in federal or state law.
FDOT conducts Project Development and Environment (PD&E) studies to meet federal National
Environmental Policy Act
30
requirements. During these studies, FDOT determines the location
and conceptual design of feasible build alternatives for roadway improvements and the social,
economic, and environmental effects of such improvements. Throughout the study, a no-build
alternative, where roads are left in their present state with routine maintenance, remains a viable
alternative. A PD&E study is finalized when the Federal Highway Administration reviews the
study’s documentation and recommendations and provides a Location and Design Concept
Acceptance.
31
Effect of Proposed Changes
The bill requires project concept studies and PD&E studies for capacity improvement projects on
limited access facilities
32
to evaluate alternatives providing transportation capacity using elevated
roadways above existing lanes.
The bill also requires PD&E studies for new alignment projects and capacity improvement
projects to be completed within 18 months after the date of commencement.
FDOT Contracting Authority (Section 12)
Present Situation
FDOT may enter into contracts for the construction and maintenance of all roads on the State
Highway System, the State Park Road System, or any other road under its supervision. FDOT
may also enter into contracts for the construction and maintenance of rest areas, weigh stations,
and other structures used in connection with such facilities. However, these contracts do not
create third-party beneficiary rights in any person that is not a party to the contract.
33
30
Pub. L. 91-190; 83 State. 852
31
FDOT District 7, What is a PD&E Study, https://www.fdotd7studies.com/projects/what-is-a-pde-study/. (last visited
February 7, 2025).
32
Section 334.044(12), F.S., defines the term “limited access facility” to mean a street or highway especially designed for
through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement
of access, light, air, or view by reason of the fact that their property abuts upon such limited access facility or for any other
reason. Such highways or streets may be facilities from which trucks, buses, and other commercial vehicles are excluded; or
they may be facilities open to use by all customary forms of street and highway traffic.
33
Section 337.11(1), F.S. BILL: CS/SB 462 Page 9
Effect of Proposed Changes
The bill stipulates a contractor entering into a construction and maintenance contract with FDOT
provides a service to FDOT.
Awarding of FDOT Contracts (Section 12)
Present Situation
FDOT may award a contract for proposed construction and maintenance work to the lowest
responsible bidder, or with a time-plus-money contract, the lowest evaluated responsible bidder,
or it may reject all bids and rebid the work or otherwise perform the work.
34
Effect of Proposed Changes
If FDOT receives bids, outside of its criteria for an automatic contract award, the bill requires
FDOT to:
• Arrange an in-person meeting with the lowest responsive, responsible bidder to determine
why the bids are over FDOT’s estimate. FDOT may, at its discretion, subsequently award the
contract to the lowest responsive, responsible bidder;
• Reject all bids and rebid the work; or
• Invite all responsive, responsible bidders to provide their best and final offers without filing a
protest or posting a bond. Thereafter, if FDOT awards the contract, it must be awarded to the
bidder that presents the lowest best and final offer.
If FDOT intends to reject all bids on any project after announcing, but before posting official
notice of its intent, the bill requires FDOT to provide to the lowest responsive, responsible bidder
the opportunity to negotiate the scope of work with a corresponding reduction in price, as
provided in the bid, to provide its best and final offer without filing a protest or posting a bond.
Upon reaching a decision regarding the lowest bidder’s best and final offer, FDOT must post
notice of final agency action to either reject all bids or accept the best and final offer.
This does not prohibit any bidder from filing of a protest or altering the statutory deadlines
related to bid protests.
35
The bill provides that notwithstanding ss. 120.57(3)(c), F.S., relating to bid protests and
287.057(25), F.S., relating to a disclosure on the procurement of solicitations, upon receipt of a
timely-filed formal written protest, FDOT may continue this process, but it may not take final
agency action as to the lowest bidder except as part its final agency action in the protest or upon
the protesting party’s dismissal of the protest.
FDOT Phased Design-Build Contracts (Section 12)
Present Situation
FDOT may enter into phased-design build contracts, where contract selection and award is done
with a two-phase process. For phase one, FDOT competitively awards the contract, based upon
34
Section 337.11(4), F.S.
35
The statutory deadlines relating to bid protests are in s. 120.57(3),F.S. BILL: CS/SB 462 Page 10
qualifications, to a design-build firm. For phase two, the design-build firm competitively bids
construction trade subcontractor packages and based upon these bids, negotiates with FDOT a
price that meets the project’s budget and scope.
36
Effect of Proposed Changes
The bill requires FDOT, for phased design-build projects, to competitively award the contract to
a qualified firm, provided that FDOT receives at least three statements of qualification from
qualified firms. If during phase one, FDOT elects, based upon qualifications, to enter into
contracts with more than one design-build firm, FDOT must competitively award the phase-two
contract to a single design-build firm.
The bill authorizes the design-build firm to self-perform portions of the project’s work and use
estimates related to this self-performance to negotiate with FDOT.
Marine General Liability Insurance (Section 12)
Present Situation
DOT requires each contractor to indemnify and hold harmless DOT and its officers and
employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable
attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful
misconduct of the contractor and persons employed or utilized by the contractor in the
performance of the construction contract.
37
DOT also requires each contractor to carry commercial general liability insurance that provides
continuous coverage for all work and operations provided under the contract. Additional
requirements exist for construction adjacent to railroad tracks and certain utility facilities.
38
Since commercial general liability insurance policies exclude marine work, marine general
liability insurance is designed to protect against claims of liability for bodily injury, property
damage, and personal injury for those who work on or near the water. These classes include ship
repairers, marina operators, charterers, stevedores, and terminal operators.
39
Each contract let by FDOT to perform bridge construction or maintenance over navigable waters
must require marine general liability insurance, in an amount determined by FDOT, to cover
third-party personal injury and property damage caused by vessels used by the contractor in the
performance of the work.
40
36
Section 337.11(7)(b), F.S. The project’s budget and scope are as advertised in the request for qualifications.
37
DOT Specs Book (January 2017) at Section 7-12.1, https://www.fdot.gov/docs/default-
source/programmanagement/implemented/specbooks/january2017/files/007-117.pdf (last visited February 12, 2025).
38
Id. at Sections 7-13.2, 7-13.3, and 7-13.4.
39
Kelly White and Associates Insurance, LLC, Marine General Liability Insurance, https://kwhiteinsurance.com/marine-
insurance/#:~:text=Marine%20General%20Liability%20protects%20against,%2C%20stevedores%2C%20and%20terminal%20operators
(last visited February 12, 2025).
40
Section 337.11(15), F.S. BILL: CS/SB 462 Page 11
Effect of Proposed Changes
The bill requires a contract let by FDOT on or after July 1, 2025, for work requiring a contractor
to have marine general liability insurance, that such insurance includes protection and indemnity
coverage. The contractor may receive this additional coverage by an endorsement on its marine
general liability insurance policy or from a separate insurance policy.
Settlement Agreements (Section 13)
Present Situation
Agencies subject to the Administrative Procedures Act,
41
including FDOT, must resolve protests
arising from the contract solicitation or award process using uniform rules of procedure.
42
FDOT’s contracting statue provides additional information regarding its settlement of bid
protests. When FDOT determines that it is in the public’s best interest to resolve a bid protest
through a settlement agreement, and the agreement requires FDOT to pay a nonselected
responsive bidder $1 million or more, any stipend paid to a non-selected design-build firm,
which is not included in FDOT's work program, or any amount paid pursuant to any other law,
FDOT must:
• Document the specific reasons that such settlement and payment is in the best interest of the
state. Such documentation must include a description of any rights or designs that FDOT will
acquire or retain with such settlement, and the specific appropriation that FDOT intends to
use to provide such payment.
• Provide prior written notification to the President of the Senate, the Speaker of the House of
Representatives, the Senate and House of Representatives minority leaders, the chair and vice
chair of the Legislative Budget Commission, and the Attorney General before FDOT makes
the settlement agreement final.
• Provide written notification of settlement discussions to the President of the Senate, the
Speaker of the House of Representatives, the Senate and House of Representatives minority
leaders, the chair and vice chair of the Legislative Budget Commission, and the Attorney
General.
43
Effect of Proposed Changes
The bill provides that FDOT may not, through the settlement of a protest of the award of a
contract being procured or related to the purchase of commodities or contractual services, create
a new contract unless it competitively procures the new contract.
Application for Qualification (Section 14)
Present Situation
Under Florida law any contractor desiring to bid on a construction contract in excess of $250,000
must be certified as qualified by FDOT.
44
FDOT’s contractor certification rules address these
41
Chapter 120, F.S.
42
Section 120.57(3),F.S. The Uniform Rules of Procedure relating to bid protests are contained in Rule 28-110, F.A.C.
43
Section 337.1101(1), F.S.
44
Certification for qualification is pursuant to s. 337.14, F.S., and FDOT rules. BILL: CS/SB 462 Page 12
qualifications and provide requirements regarding a contractor’s equipment, past record,
experience, financial resources, and organizational personnel.
45
FDOT may waive prequalification for projects of $500,000 or less if FDOT determines that the
project is of a noncritical nature and the waiver will not endanger public health, safety, or
property.
46
Effect of Proposed Changes
The bill authorizes FDOT to waive its prequalification requirements for contracts of $1 million
or less which have a diverse scope of work that may or may not be performed. These contracts
are typically known as push-button or task work order contracts.
FDOT Contractor Certification (Section 14)
Present Situation
Certification by FDOT is required in order for a contractor to bid on a road, bridge, or public
transportation construction contract of more than $250,000. However, prior to the award of the
contract, the successful bidder must furnish a contract bond. FDOT may waive all or a portion of
the bonding requirement for contracts of $150,000 or less.
47
Effect of Proposed Changes
The bill increases the maximum contract amount for which FDOT may waive bond requirements
from $150,000 to $250,000.
FDOT Maintenance Contracts (Section 14)
Present Situation
Section 337.14(8), F.S., provides that that section, which relates to the applications for
qualification and certificates of qualification for FDOT contractors does not apply to
maintenance contracts.
Effect of Proposed Changes
The bill amends s. 337.14(8), F.S., requiring a contractor seeking to bid on a maintenance
contract that predominately includes repair and replacement of safety appurtenances, including,
but not limited to, guardrails, attenuators, traffic signals, and striping, to possess the prescribed
qualifications equipment, record, and experience to perform such repair and replacement.
45
Section 337.14(1), F.S.
46
Section 337.14(1), F.S.
47
Section 337.14(2), F.S. BILL: CS/SB 462 Page 13
State Arbitration Board (Section 15)
Present Situation
The State Arbitration Board (Board), within FDOT, facilitates the prompt resolution of claims
arising out of or in connection with FDOT’s construction or maintenance contract.
48
The contractor
49
may submit a claim
50
of greater than $250,000 up to $1 million per contract or,
upon agreement of the parties, up to $2 million per contract for arbitration by the board. A board-
issued award is final, unless a request for a trial de novo is filed within certain time frames.
51
Parties may not make an arbitration request prior to FDOT’s final acceptance of the project;
52
but
such requests must be made within 820 days after final acceptance.
53
Effect of Proposed Changes
The bill authorizes the State Arbitration Board to arbitrate a claim of up to $2 million, instead of
the current $1 million or, upon agreement. claims greater than $2 million.
The bill provides that an arbitration request related to a written warranty or defect claim must be
made within 360 days after FDOT provides written notice of such claim. This applies when the
claim is made after FDOT’s final acceptance of the project.
Suits By and Against FDOT (Section 16)
Present Situation
Under Florida law, suits may be brought by and against FDOT for certain contract-related
claims, which must commence within 820 days of FDOT’s final acceptance of the work.
54
Effect of Proposed Changes
The bill provides that for contracts entered into on or after July 1, 2025, suits regarding claims
related to a written warranty or defect and must commence within 360 days after FDOT’s written
notice of such claim. This applies to claims made after FDOT’s final acceptance of the work.
48
Section 337.185(1), F.S.
49
Section 337.185(2)(b), F.S., defines the term “contractor” means a person or firm having a contract for rendering services
to the department relating to the construction or maintenance of a transportation facility.
50
Section 337.185(2)(a), F.S., defines the term “claim” to mean the aggregate of all outstanding written requests for
additional monetary compensation, time, or other adjustments to the contract, the entitlement or impact of which is disputed
by the department and could not be resolved by negotiation between the department and the contractor.
51
Section 337.185(4), F.S.
52
Section 337.185(2)(c), F.S., defines the term “final acceptance” to mean that the contractor has completely performed the
work provided for under the contract, the department or its agent has determined that the contractor has satisfactorily
completed the work provided for under the contract, and the department or its agent has submitted written notice of final
acceptance to the contractor.
53
Section 337.185(5), F.S.
54
Section 337.19(1) and (2), F.S. BILL: CS/SB 462 Page 14
Utility Relocation (Sections 17-18)
Present Situation
Florida law authorizes an authority, defined as FDOT and local governmental entities,
55
with
jurisdiction and control of public roads or publicly-owned rail corridors to prescribe and enforce
reasonable rules or regulations regarding the placement and maintenance of utilities within their
rights-of-way.
56
For this purpose, the term “utility” is defined to mean electric transmission, voice, telegraph,
data, or other communications services lines or wireless facilities; pole lines; poles; railways;
ditches; sewers; water, heat, or gas mains; pipelines; fences; gasoline tanks and pumps; or other
structures.
57
An authority may grant a utility the use of its right-of-way in accordance with its rules or
regulations. A utility may not be installed, located, or relocated unless authorized by an
authority-issued permit. However, for roads or rail corridors under FDOT’s jurisdiction, in lieu
of a written permit, a utility relocation schedule and relocation agreement may be executed. A
utility permit must require that the permitholder is responsible for any damage resulting from the
issuance of such permit.
58
In most cases, if the authority finds that a utility in its right-of-way is unreasonably interfering
with the public road or publicly owned rail corridor, the utility must, upon 30 days' written
notice, initiate the work necessary, at its own expense, to alleviate the interference. The work
must be completed within such reasonable time as stated in the notice or at such time as agreed
to by the authority and the utility owner.
59
Section 337.403, F.S., relates to interference caused by a utility. Under that statute, if the
authority finds that a utility within the right-of-way limits of any public road or publicly owned
rail corridor to be unreasonably interfering in any way with such public road or publicly owned
rail corridor, the utility owner must, upon 30 days' written notice, initiate the work necessary to
alleviate the interference at its own expense except as provided in various scenarios. The work
must be completed within such a reasonable time as stated in the notice, or at such time as agreed
to by the authority and the utility owner.
60
When FDOT and the utility execute a joint agreement for utility work as part of a contract to
construct a transportation facility, FDOT may participate in the cost of utility work exceeding 10
percent of FDOT's official estimated cost of the utility work. FDOT’s cost participation is
55
Section 334.03(13), F.S., defines the term “local governmental entity” to mean a unit of government with less than
statewide jurisdiction, or any officially designated public agency or authority of such a unit of government, that has the
responsibility for planning, construction, operation, or maintenance of, or jurisdiction over, a transportation facility; the term
includes, but is not limited to, a county, an incorporated municipality, a metropolitan planning organization, an expressway or
transportation authority, a road and bridge district, a special road and bridge district, and a regional governmental unit.
56
Section 337.401(1)(a), F.S
57
Id.
58
Section 337.401(2), F.S.
59
Section 337.403(1), F.S.
60
Section 337.403(1), F.S. Paragraphs (a)-(j) provide various scenarios regarding utility relocation. BILL: CS/SB 462 Page 15
limited to the difference between its official estimate plus 10 percent and the amount awarded for
this work in the construction contract. FDOT may not participate in any utility work costs that
occur due to changes or additions during the course of the contract.
61
Effect of Proposed Changes
Electronically Detectable
The bill requires an entity that places, replaces, or relocates underground utilities within a right-
of-way to make such underground utilities electronically detectable using FDOT-approved
techniques.
Damage Responsibility
The bill requires a utility permit or relocation agreement require that the permitholder or party to
the agreement is responsible for any damage resulting from the required work. The utility owner
must pay the authority reasonable damages resulting from its failure or refusal to timely remove
or relocate a utility. An authority’s issuance of permits for new utility placements within its
right-of-way may be subject to payment of any of the authority’s actual costs: due to the utility
owner’s failure to timely relocate utilities, pursuant to an approved utility work schedule; for
damage done to existing infrastructure by the utility owner; and roadway failures caused by work
performed by the utility owner.
As-Built Plans
The bill defines the term “as-built plans” to mean plans that include all changes and
modifications that incur during the construction phase of a project. The bill requires the authority
and the utility owner to agree in writing to an approved depth of as-built plans in accordance
with the project’s scope.
The bill requires the utility owner to submit its as built plans within 20 business days after
completing the utility work. The as-built plans must show actual final surface and subsurface
utilities, including location alignment profile, depth, and geodetic datum
62
of each structure. The
utility owner must provide as-built plans in an electronic format that is compatible with FDOT’s
software and meets FDOT-provided technical specifications or in an electronic format
determined by the utility industry to meet industry standards. FDOT may, by written agreement,
make exceptions to the electronic format requirement.
The bill requires that before any costs are reimbursed, the utility must submit to the authority its
as-built plans.
FDOT Reimbursement
The bill authorizes FDOT to reimburse:
• Up to 50 percent of the costs for relocation of publicly regulated utility facilities and
municipally owned or county owned utility facilities; and
61
Section 337.403(1)(b), F.S.
62
A geodetic datum or reference frame is an abstract coordinate system with a reference surface (such as sea level) that
serves to provide known locations to begin surveys and create maps. https://geodesy.noaa.gov/datums/index.shtml (last
visited March 13, 2025) BILL: CS/SB 462 Page 16
• One hundred percent of the costs of relocation of municipally or county owned utility
facilities located in a rural area of opportunity on the State Highway System.
63
This reimbursement is after deducting any increase in the value of a new facility and any salvage
value derived from the old facility. The reimbursement is upon a determination that it is in the
public’s best interest and necessary to expedite the project’s construction and that the utility
owner has relocated the facility at least 5 percent ahead of the time allocated for relocation per
the latest approved utility relocation schedule.
Procedures
The bill provides that before FDOT provides notice to the utility to initiate work, FDOT and the
utility owner must follow the following procedure:
• FDOT must provide the utility owner with its preliminary plans for a proposed highway
project and notice of a period of between 30 and 120 days after the utility owner receives the
notice, within which the utility owner must submit the required plans to FDOT. The utility
owner must provide FDOT with written acknowledgement of its receipt of FDOT’s
preliminary plans.
• The utility owner must submit to FDOT, within the FDOT-provided time period, plans
showing the existing and proposed locations of its utility facilities. If the utility owner fails to
submit the plans within FDOT’s specified the time period, FDOT is not required to
participate in the work, may withhold any amount due to the utility owner on other projects
within the rights-of-way of the same FDOT district, and may withhold the issuance of any
other permits for work within rights-of-way of the same FDOT district.
• The utility owner’s submitted plans must include, for FDOT’s approval, a utility relocation
schedule, which meets FDOT’s rules regarding form and timeframes.
• If the Governor declares a state of emergency,
64
the utility is entitled to receive an extension
to its utility relocation schedule which must be at least equal to any extension FDOT granted
to its contractor. The utility owner must notify FDOT of additional delays associated with
causes beyond the utility owner’s control, including, but not limited to, participation in
recovery work under a mutual aid agreement. This notification to FDOT must occur within
10 calendar days after the commencement of the delay and provide a reasonably complete
description of the cause and nature of the delay and the possible impacts to the utility
relocation schedule. Within 10 calendar days after the cause of the delay ends, the utility
owner must submit, for FDOT’s approval, a revised utility relocation schedule. FDOT may
not unreasonably withhold, delay, or condition its approval of the revised utility relocation
schedule.
• If the utility owner does not initiate work in accordance with the utility relocation schedule,
FDOT must provide the utility owner with a final notice directing the utility owner to initiate
the work within 10 calendar days after it receives the final notice or, the utility owner having
begun such work, fails to complete the work in accordance with the utility relocation
schedule, FDOT is not required to participate in the work, may withhold any amount due to
63
Section 337.403(1)(h), F.S., authorizes FDOT to pay, all or a part of any utility work necessitated by a FDOT project on
the state highway system for a municipally owned utility or county-owned utility is a rural area of opportunity if FDOT
determines that the utility is unable, and will not be able within the next 10 years, to pay the cost of such work.
64
The Governor may declare states of emergency pursuant to s. 252.36, F.S. BILL: CS/SB 462 Page 17
the utility owner for projects within the rights-of-way of the same FDOT district, and may
exercise its right to obtain injunctive relief.
65
• If, after the letting date of a highway improvement project, it is found that additional utility
work is necessary, the utility must provide a revised utility relocation schedule within 30
calendar days after becoming aware of the need for such additional utility work or upon
receiving FDOT’s written notification advising the utility of the need additional utility work.
FDOT must review the revised utility relocation schedule and, if form and timeframes are
met, FDOT must approve the revised utility relocation schedule.
• The utility owner is liable to FDOT for documented damages resulting from the utility’s
failure to comply with the utility relocation schedule, including any FDOT-approved delay
costs incurred by the contractor. Within 45 days after receiving FDOT’s written notification
that the utility is liable for damages, the utility owner must pay FDOT the amount for which
the utility owner is liable or request mediation.
Mediation Boards
The bill requires FDOT to establish mediation boards to resolve disputes between FDOT and
utilities concerning:
• A utility relocation schedule or revised utility relocation schedule that the utility has
submitted, but FDOT has not approved;
• A contractor’s claim, approved by FDOT, for delay costs or other damages related to the
utility’s work; or
• Any matter related to the removal, relocation, or adjustment of the utility’s facilities.
The bill requires FDOT to establish mediation board procedures, which must provide that:
• Each mediation board is composed of one FDOT-designated mediator, one utility owner-
designated mediator, and a third mediator mutually accepted by the other two mediators, who
serves as the board’s presiding officer.
• The mediation board must hold a hearing for each dispute submitted to it. The board must
provide notice of the hearing to each party involved in the dispute and afford each involved
party an opportunity to present evidence at the hearing.
• Decisions on issues presented to the mediation board are made by a majority vote of the
mediators.
• The mediation board must issue a written final decision for each submitted dispute and serve
a copy of its final decision on each party to the dispute.
• The mediation board’s final decisions are subject to de novo review in the Second Judicial
Circuit in and for Leon County by way of a petition for judicial review, which FDOT or the
utility owner may file within 30 days after service of notice of the final decision.
The bill requires members of mediation boards to receive compensation for the performance of
their duties. This compensation will be from deposits made by the parties, based on an estimate
of compensation by the mediation board. All deposits are held in escrow by the board chair in
advance of the hearing. Each board member is compensated at $200 per hour, up to a maximum
of $1,500 per day. A board member must also be reimbursed for his or her actual travel
65
Injunctive relief is pursuant to s. 120.69, F.S. BILL: CS/SB 462 Page 18
expenses. The board may allocate funds for clerical and other administrative services. This is the
same compensation rate currently provided for members of the state arbitration board.
66
The bill authorizes FDOT to establish a list of qualified mediators and adopt rules to administer
its mediation boards, including procedures for mediating contested cases.
The bill also adds the word “owner” after the word “utility” in several locations in provisions
relating to utility relocation.
Metropolitan Planning Organizations (Sections 19)
A metropolitan planning organization (MPO) is a policy board created and designated to carry
out the metropolitan transportation planning process.
67
MPOs are required to represent localities
in all urbanized areas with populations over 50,000, as determined by the U.S. Census.
68
Currently, Florida has 27 MPOs, the largest number of MPOs in the nation.
69
Federal law and regulations give MPOs, in coordination with FDOT and others, significant
transportation planning responsibility. Federal law requires MPOs to be designated for each
urbanized area with a population 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; or in accordance with
procedures established by applicable state or local law.
70
MPO Purpose/Intent
Present Situation
Florida law provides legislative intent to encourage and promote the safe and efficient
management, operation, and development of surface transportation systems that will serve the
mobility needs of people and freight and foster economic growth and development within and
through the state’s urbanized while minimizing transportation-related fuel consumption, air
pollution, and greenhouse gas emissions through metropolitan transportation planning
processes.
71
To accomplish these objectives, MPOs must develop, in cooperation with the state and public
transit operators, transportation plans and programs for metropolitan areas. These plans and
programs must provide for the development and integrated management and operation of
transportation systems and facilities that will function as an intermodal transportation system for
the metropolitan area.
72
66
Section 337.185(10), F.S.
67
23 C.F.R. § 450.104.
68
Federal Transit Administration, Metropolitan Planning Organization, https://www.transit.dot.gov/regulations-and-
guidance/transportation-planning/metropolitan-planning-organization-mpo (last visited March 17, 2025).
69
A list and a map of Florida’s MPOs is available at: https://www.mpoac.org/mpos/ (last visited March 19, 2025).
70
23 U.S.C., § 134(d)(1)
71
Section 339.175(1), F.S.
72
Id. BILL: CS/SB 462 Page 19
Effect of Proposed Changes
The bill amends legislative intent regarding MPOs to emphasize:
• Developing multimodal transportation systems, instead of surface transportation systems; and
• Serving the mobility needs of people and freight and fostering economic growth and
development throughout the urbanized areas of this state while balancing conservation of
natural resources.
MPO Designation
Present Situation
An MPO must be designated for each urbanized area of the state. However, an individual MPO
is not required to be designated for each urbanized area. MPO designation is done by agreement
between the Governor and the general-purpose local governments representing at least 75
percent of the urbanized area’s population. However, the general-purpose local government
representing the central city or cities within the MPO must be a party to the agreement.
73
To the extent possible, only one MPO may be designated for each urbanized area or group of
contiguous urbanized areas. More than one MPO may be designated within an existing urbanized
area only if the Governor and the existing MPO determine that the existing urbanized area’s size
and complexity makes designating more than one MPO for the area appropriate, in which case
each MPO designated for the area must:
• Consult with every other MPO designated for the urbanized area and the state to coordinate
plans and transportation improvement programs.
• Ensure, to the maximum extent practicable, the consistency of data used in the planning
process, including data used in forecasting travel demand within the urbanized area.
74
MPO boundaries are determined by agreement between the Governor and the MPO. The MPO’s
boundaries must include at least the metropolitan planning area but may encompass the entire
metropolitan statistical area or the consolidated metropolitan statistical area.
75
Effect of Proposed Changes
The bill provides that after July 1, 2025, no additional MPOs may be designated in Florida
except in urbanized areas
76
where the urbanized area is not contiguous to an urbanized area
designated before the 2020 census.
The bill repeals the requirement that when there is more than one MPO in an urbanized area, the
MPOs must consult with every other MPO in the urbanized area and the state to coordinate plans
and transportation improvement programs and to ensure consistency in data used in the planning
process.
73
Section 339.175(2)(a)1., F.S.
74
Section 339.175(2)(a)2., F.S.
75
Section 339.175(2)(a)3, F.S.
76
This is as defined by the United States Bureau of the Census. BILL: CS/SB 462 Page 20
MPO Powers, Duties, and Responsibilities
Present Situation
Each MPO must perform all acts necessary to qualify for federal aid, and each MPO must be
involved in transportation planning and programming to the extent permitted by state or federal
law. However, an MPO may not perform project production or delivery for capital improvement
projects on the State Highway System.
77
In developing its long-range transportation plan (LRTP)
78
and the transportation improvement
program (TIP),
79
each MPO must consider projects and strategies that will:
• Support the economic vitality of the contiguous urbanized metropolitan area, especially by
enabling global competitiveness, productivity, and efficiency.
• Increase the safety and security of the transportation system for motorized and nonmotorized
users.
• Increase the accessibility and mobility options available to people and for freight.
• Protect and enhance the environment, promote energy conservation, and improve quality of
life.
• Enhance the integration and connectivity of the transportation system, across and between
modes and contiguous urbanized metropolitan areas, for people and freight.
• Promote efficient system management and operation.
• Emphasize the preservation of the existing transportation system.
• Improve the resilience of transportation infrastructure.
80
• To more fully accomplish the MPOs purposes, MPOs must develop coordination
mechanisms with one another to expand and improve transportation within the state.
81
Effect of Proposed Changes
The bill amends the considerations required by each MPO in developing its LRTP and TIP to
include conserving natural resources, instead of promoting energy conservation. Additionally,
MPOs must consider projects and strategies to reduce traffic and congestion.
The bill requires that FDOT to at least annually, convene MPOs of similar size, based on
population served, to exchange best practices.
The bill authorizes MPOs to develop committees or working groups as needed to accomplish
such purpose. At FDOT’s discretion, training for new MPO governing board members must be
provided by FDOT, an entity pursuant to a contract with FDOT, by the Center for Urban
Transportation Research at the University of South Florida, or b Implementing Solutions for
Transportation Research and Evaluation of Emerging Technologies (I-STREET) Living Lab at
the University of Florida.
77
Section 339.175(6), F.S.
78
The long-range transportation plan is developed pursuant to s. 339.175(7), F.S.
79
The transportation improvement program is developed pursuant to s. 339.175(8), F.S.
80
Section 339.175(6)(b), F.S.
81
Section 339.175(6)(j)1., F.S. BILL: CS/SB 462 Page 21
MPO Consolidation Report
Present Situation
By December 31, 2023, the MPOs serving Hillsborough, Pasco, and Pinellas counties were
required to submit a feasibility report to the Governor, the President of the Senate, and the
Speaker of the House of Representatives exploring the benefits, costs, and process of
consolidation into a single MPO serving the contiguous urbanized area, the goals of which would
be 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.
82
Effect of Proposed Changes
The bill repeals this obsolete report requirement.
MPO Long-Range Transportation Plans
Present Situation
Each MPO must develop a long-range transportation plan (LRTP) addressing at least a 20-year
planning horizon. The LRTP must include both long-range and short-range strategies. The
prevailing principles to be considered in the LRTP are preserving the existing transportation
infrastructure; enhancing Florida's economic competitiveness; and improving travel choices to
ensure mobility.
83
The LRTP must be consistent, to the maximum extent feasible, with future land use elements and
the goals, objectives, and policies of the approved local government comprehensive plans of the
local government within the MPO. Each MPO is encouraged to consider strategies integrating
transportation and land use planning to provide for sustainable development and reduce
greenhouse gas emissions. Local governments must consider LRTPs in developing transportation
elements in local government comprehensive plans.
84
In developing its LRTP, each MPO must provide the public and other interested parties with a
reasonable opportunity to comment. The MPO must approve its LRTP.
85
Effect of Proposed Changes
The bill revises provisions relating to MPO LRTP’s by removing the requirement that multiple
MPOs within a contiguous urbanized area to coordinate the development of LRTPs to be
reviewed by the MPOAC.
The bill includes public-private partnerships in the list of innovative financing techniques that
MPOs may consider.
82
Section 339.175(6)(i), F.S.
83
Section 339.175(7), F.S.
84
Section 339.175(7), F.S.
85
Section 339.175(7), F.S., flush left. BILL: CS/SB 462 Page 22
Regarding transportation enhancement activities, the bill includes the integration of advanced air
mobility and integration of autonomous and electric vehicles, electric bicycles, and motorized
scooters used for freight, commuter or micromobility purposes. The bill removes historic
preservation, mitigation of water pollution due to highway runoff, and control of outdoor
advertising as potential transportation enhancement activities.
MPO Agreements and Accountability
Present Situation
Currently, there are no MPO-specific statutory accountability provisions.
Effect of Proposed Changes
The bill authorizes each MPO to execute a written agreement with FDOT, which must be
reviewed, and updated as necessary, every five years, which clearly establishes the cooperative
relationship essential to accomplish state and federal transportation planning requirements.
Roles, responsibilities, and expectations for accomplishing consistency with federal and state
requirements and priorities must be set forth in the agreement. In addition, the agreement must
set forth the MPO’s responsibility, in collaboration with FDOT, to identify, prioritize, and
present a complete list of multimodal transportation projects consistent with the metropolitan
planning area’s needs. It is FDOT’s responsibility to provide projects in the state transportation
improvement plan.
The bill requires FDOT to establish, in collaboration with each MPO, quality performance
metrics such as safety, infrastructure condition, congestion relief, and mobility, Each MPO, as
part of its LRTP, in direct coordination with FDOT, develop targets for each performance
measure within the metropolitan planning area. The performance targets must support efficient
and safe movement of people and goods both within the metropolitan planning area and between
regions. Each MPO must report progress toward establishing performance targets for each
measure annually in its transportation improvement plan. FDOT must evaluate and post on its
website whether each MPO has made significant progress toward its target for the applicable
reporting period.
Metropolitan Planning Organization Advisory Council (Section 4)
Present Situation
The Metropolitan Planning Organization Advisory Council (MPOAC), consisting of one
representative from each MPO was established, to augment, and not supplant, the individual
MPO’s role in the cooperative transportation planning process.
86
The MPOAC’s powers and duties are to:
• Establish bylaws providing procedural rules to guide its proceedings and consideration of
matters before MPOAC, or, alternatively, adopt rules to implement provisions of law
conferring powers or duties upon it.
86
Sections 339.175(11)(a) and (b), F.S. BILL: CS/SB 462 Page 23
• Assist MPOs in carrying out the urbanized area transportation planning process by serving as
the principal forum for collective policy discussion.
• Serve as a clearinghouse for review and comment by MPOs on the Florida Transportation
Plan and on other issues required to comply with federal or state law in carrying out the
urbanized area transportation and systematic planning processes. The MPOAC must annually
report to the Florida Transportation Commission on the alignment of MPO LRTPs with the
Florida Transportation Plan.
• Employ an executive director and such other staff as necessary to adequately perform
adequately its functions.
87
• Deliver training on federal and state program requirements and procedures to MPO board
members and MPO staff.
• Adopt a strategic plan, prioritizing steps it will take to carry out its mission within the context
of the state comprehensive plan and any other statutory mandates and directives.
88
The MPOAC may enter into contracts to support the activities described above. Lobbying and
the acceptance of funds, grants, assistance, gifts, or bequests from private, local, state, or federal
sources are prohibited.
89
Effect of Proposed Changes
The bill repeals the MPOAC.
Strategic Intermodal System Highway Corridors (Section 20)
Present Situation
Florida’s Strategic Intermodal System (SIS) is its high priority network of transportation
facilities important to the state's economy and mobility.
90
FDOT must plan and develop SIS
highway corridors to allow for high-speed and high-volume.
91
SIS highway corridors include
facilities on State Highway System that meet FDOT-adopted criteria, including Interstate
highways, the Florida Turnpike System, interregional and intercity limited access facilities.
existing interregional and intercity arterial highways meeting certain standards, and new limited
access facilities necessary to complete a balanced statewide system.
92
FDOT must develop and maintain a plan of SIS highway corridor projects that it anticipates, to
contract for construction within at least 20 the next years. This plan must also identify when SIS
Highway Corridor segments will SIS standards and criteria.
93
87
The MPOAC is assigned to the Office of the Secretary of Transportation for fiscal and accountability purposes, otherwise
function independently of FDOT’s control and direction.
88
Section 339.175(11)(c), F.S.
89
Section 339.175(11)(d), F.S.
90
FDOT, Strategic Intermodal System, https://www.fdot.gov/planning/systems/sis (last visited February 7, 2025).
91
Section 339.65(1), F.S.
92
Section 339.65(2), F.S.
93
Section 339.65(4), F.S. BILL: CS/SB 462 Page 24
Effect of Proposed Changes
The bill requires FDOT, in its SIS highway corridors plan of projects, to prioritize projects
affecting gaps in a corridor so that the corridor becomes contiguous in its functional
characteristics.
Interstate 4 Widening (Section 26)
Present Situation
Included in FDOT’s Moving Florida Forward Initiative, is the acceleration of the addition of two
new express lanes in each direction along Interstate 4 (I-4) from west of U.S. 27 in Polk County
to east of World Center Drive (S.R. 536) in Orange County. FDOT is also accelerating the
construction of two new congestion relief lanes, one in each direction, between U.S. 27 and east
of World Drive.
94
Effect of Proposed Changes
The bill provides legislative findings that widening I-4 from U.S. 27 in Polk County to I-75 in
Hillsborough County is in the state’s public interest and the region’s strategic interest to improve
the movement of people and goods.
The bill requires FDOT to develop a report on the efficient widening I-4 from U.S. 27 in Polk
County to I-75 in Hillsborough County. The report must include, but is not limited to, detailed
cost projections and schedules for project development and environmental studies, design,
acquisition of rights-of-way, and construction. The report must identify funding shortfalls and
provide strategies to address such shortfalls, including, but not limited to, the use of express
lanes toll revenues
95
generated on the I-4 corridor and FDOT funds available for public-private
partnerships.
96
By December 31, 2025, FDOT must submit its report to the Governor, the
President of the Senate, and the Speaker of the House of Representatives.
Conforming Changes (Sections 5, 21-25)
The bill repeals s. 331.3051(14), F.S., requiring Space Florida to partner with the MPOAC
regarding aerospace planning and programming in Florida’s cooperative planning process. This
is to conform to the repeal of the MPOAC.
The bill amends ss. 125.42, 220.20, 331.310 and 610.106, F.S., conforming cross-references.
The bill reenacts s. 332.115, F.S., incorporating a change made to s. 332.004, F.S.
Effective Date (Section 27)
The bill takes effect July 1, 2025.
94
FDOT, Moving I-4 Forward, https://movingi4forward.com/ (last visited February 14, 2025).
95
Tolls on express lanes are authorized in s. 338.166, F.S.
96
Public-private partnerships are authorized in s. 334.30, F.S. BILL: CS/SB 462 Page 25
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
The bill (section 1) allocates to the STTF, $4.167 million monthly in sales tax revenues
which are currently allocated to the General Revenue Fund.
B. Private Sector Impact:
The bill will collectively have an indeterminate negative fiscal impact on the private
sector as follows:
• Increased insurance costs for FDOT contactors performing certain work over
navigable waters (section 12).
• Costs for making underground utilities electronically detectable (section 17).
• Costs for utility owners to pay reasonable damages for failure or refusal to timely
relocate a utility (section 17)
However, utility owners may experience a reduction in costs if FDOT pays a portion of
their utility relocation costs (section 18).
C. Government Sector Impact:
The bill (section 1) allocates $4.167 million monthly of the sales tax revenue currently
allocated to General Revenue to the STTF.
BILL: CS/SB 462 Page 26
The bill (section 2) requires each county to annually submit transportation project data to
FDOT. Counties will incur indeterminate costs to compile and provide this data. FDOT
will also incur costs associated with compiling this data and publishing it on its website.
The bill (section 9) authorizes FDOT to expend up to $5 million per fiscal year, from the
STTF, in grants to state colleges and school districts to support offering elective courses
in heavy civil construction. This provision authorizes transfer of state transportation
funds to state colleges and school districts.
The bill (section 17) requires certain underground utilities to be electronically detectable.
Government entities may incur costs to comply with this provision.
The bill (section 17) requires utility owners to pay an authority actual damages for failure
or refusal to timely relocate a utility. Since the authority is a public entity, it may receive
damages from utility owners. However, some utility owners are government entities and
may be required to pay another government entity such damages.
The bill (section 18) authorizes FDOT to reimburse utility owners a portion of certain
utility relocation costs. FDOT may experience an indeterminate, but likely significant,
negative fiscal impact associated with paying these costs.
The bill (section 18) requires FDOT to establish mediation boards to resolve certain
disputes related to utility relocation disputes. FDOT may incur costs to operate these
boards, including compensating board members and paying their travel expenditures.
The bill (section 25) requires FDOT to develop a report regarding the widening of I-4.
FDOT will incur indeterminate costs to develop this report.
VI. Technical Deficiencies:
The bill (section 18) uses to the term “publicly regulated utility facilities.” However, that term is
not defined in either the bill or existing law and it is unclear what that term is meant to include.
VII. Related Issues:
The bill (section 18) requires FDOT to establish mediation boards to resolve disputes related to
certain utility relocation issues; however, the bill describes an arbitration process. The bill
requires mediation board members to be compensated from deposits based on estimates of
compensation; however, the bill does not specify how such estimate would be determined.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 212.20, 220.20,
316.183, 316.187, 331.3051, 331.3051, 331.310 332.004, 332.006, 332.007, 334.044, 334.065,
337.11, 337.1101, 337.14, 337.185, 337.19, 337.401, 337.403, 339.175, 339.65, and 610.106.
This bill creates the following sections of the Florida Statutes: 218.3215 and 334.63.
BILL: CS/SB 462 Page 27
This bill reenacts s. 332.115 of the Florida Statutes.
This bill creates one undesignated section of Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Transportation on March 19, 2025:
• Revises the monthly distribution of sales tax revenues to the STTF to $4.167 million.
• Increases maximum allowable highway speed limits on certain highways by 5 miles
per hour.
• Authorizes public-use airports to participate in the FAA’s Airport Investment
Partnership Program and to contract with a private partner to operate the airport under
lease or agreement.
• Makes airports operating under public-private partnership agreements eligible for
certain aviation-related funding.
• Revises the membership of the board for the Center for Urban Transportation
Research at the University of South Florida.
• Revises provisions regarding the FDOT’s requirements if it receives bids outside of
its criteria to automatically award the bid.
• Requires the utility owner to pay actual, instead of reasonable, damages and costs
associated with its failure or refusal to timely relocate utilities.
• Authorizes FDOT to reimburse the utility owner for a portion of its utility relocation
costs if certain conditions are met.
• Authorizes FDOT to withhold amounts due to a utility owner or withhold the
issuance of new permits to the utility owner in the same FDOT district where the
utility relocation is located, if the utility owner is not meeting certain obligations.
• Provides that the members of FDOT’s mediation boards are compensated for their
services.
• Revises provisions relating to MPOs, including requiring the exchange of best
practices, and accountability and transparency requirements, and the repeal of the
MPOAC.
• Clarifies the scope of FDOT’s report on the widening of I-4.
• Makes other technical and conforming changes.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.