Florida Senate - 2025 SB 1662 By Senator Collins 14-01009C-25 20251662__ 1 A bill to be entitled 2 An act relating to transportation; amending s. 20.23, 3 F.S.; authorizing the Secretary of Transportation to 4 appoint a specified number of assistant secretaries; 5 specifying titles for such assistant secretaries; 6 authorizing the secretary to appoint an Executive 7 Director of Transportation Technology; specifying that 8 such assistant secretaries and executive director 9 positions are exempt from career service and are 10 included in the Senior Management Service; revising 11 qualifications for members of the Florida 12 Transportation Commission; deleting a provision 13 related to the independence of the commission; 14 requiring the commission to monitor transit entities 15 that receive certain funding; requiring members of the 16 commission to follow certain standards of conduct; 17 deleting a provision relating to the budget of the 18 commission; providing legislative findings and intent; 19 creating the Florida Transportation Research 20 Institute; specifying the purpose of the institute; 21 requiring the institute to report to the department; 22 providing for membership of the institute; requiring 23 the department to select a member to serve as the 24 administrative lead of the institute; requiring the 25 Secretary of Transportation to appoint a 26 representative of the department to serve as the 27 executive director of the institute; requiring the 28 department to coordinate with the members of the 29 institute to adopt certain policies; authorizing the 30 institute to award certain grants; authorizing the 31 department to allocate funds to the institute from the 32 State Transportation Trust Fund; authorizing the 33 institute to expend funds for certain operations and 34 programs; requiring the institute to submit an annual 35 report to the Secretary of Transportation and the 36 commission; deleting a requirement that major 37 transportation policy initiatives and revisions be 38 submitted to the commission for review; revising the 39 departments areas of program responsibility; amending 40 s. 212.20, F.S.; requiring the department to 41 distribute a certain amount from the proceeds of a 42 specified tax to the State Transportation Trust Fund 43 for a specified purpose; amending s. 311.07, F.S.; 44 providing that certain spaceport and space industry 45 related facility projects and commercial shipbuilding 46 and manufacturing facility projects are eligible for 47 grant funding under the Florida Seaport Transportation 48 and Economic Development Program; amending s. 311.09, 49 F.S.; revising the purpose of the Florida Seaport 50 Transportation and Economic Development Council; 51 requiring the department to provide administrative 52 support to the council on certain matters; requiring 53 that the Florida Seaport Mission Plan include certain 54 recommendations; requiring each port member of the 55 council to submit a certain semiannual report to the 56 department; amending s. 311.10, F.S.; requiring 57 seaports located in a specified county to include 58 certain statements in any agreement with the 59 department as a condition of receiving certain grants; 60 defining the term cargo purposes; repealing s. 61 316.0741, F.S., relating to high-occupancy-vehicle 62 lanes; amending s. 316.0745, F.S.; deleting language 63 limiting the state funds that may be withheld due to 64 certain violations by a public body or official to 65 state funds for traffic control purposes; amending s. 66 330.27, F.S.; revising definitions and defining terms; 67 amending s. 330.30, F.S.; requiring that a private 68 airport of public interest obtain a certain 69 certificate from the department before allowing 70 aircraft operations; requiring that certain private 71 airports obtain a certain certificate from the 72 department by a specified date; amending s. 331.371, 73 F.S.; authorizing the department, in consultation with 74 the Department of Commerce and the Department of 75 Environmental Protection, to fund certain projects 76 associated with certain critical infrastructure 77 projects; requiring that such departments coordinate 78 in funding certain projects for a specified purpose; 79 amending s. 332.003, F.S.; revising a short title; 80 amending s. 332.005, F.S.; requiring airports to 81 provide the Department of Transportation with the 82 opportunity to use certain airport property for a 83 specified purpose during a declared state of 84 emergency; amending s. 332.006, F.S.; providing duties 85 and responsibilities of the department relating to 86 certain educational services, inspections of certain 87 commercial airport facilities, and agreements with 88 other state regulatory agencies; amending s. 332.007, 89 F.S.; requiring the department to require annual 90 comprehensive maintenance program reports from airport 91 sponsors; providing requirements for such reports; 92 defining the term maintenance; authorizing the 93 department to withhold certain state funds under 94 certain circumstances; revising the list of projects 95 for which the department must provide priority 96 funding; authorizing the department to fund eligible 97 projects performed by certain organizations and 98 postsecondary education institutions; providing that 99 certain programs are eligible projects; authorizing 100 the department to provide certain matching funds; 101 revising the circumstances in which the department may 102 fund strategic airport investment projects; amending 103 s. 332.0075, F.S.; revising definitions; requiring 104 that certain information remain posted on a governing 105 bodys website for a certain period; revising the 106 information that must be included on such website; 107 requiring the quarterly, rather than annual, update of 108 certain information; revising information that the 109 governing body of a commercial service airport must 110 submit to the department annually; requiring a 111 commercial service airport to provide certain 112 notifications to the department; creating s. 332.15, 113 F.S.; requiring the department to address certain 114 needs in the statewide aviation system plan and the 115 departments work program, designate a certain subject 116 matter expert, conduct a specified review, and, in 117 coordination with the Department of Commerce, provide 118 certain coordination and assistance for the 119 development of a viable advanced air mobility system 120 plan; amending s. 334.044, F.S.; revising the powers 121 and duties of the department; amending s. 334.045, 122 F.S.; requiring certain measures developed and adopted 123 by the Florida Transportation Commission to assess 124 performance in a specified business development 125 program, instead of disadvantaged business enterprise 126 and minority business programs; creating s. 334.62, 127 F.S.; providing legislative findings; establishing the 128 Florida Transportation Academy within the department; 129 authorizing the department to coordinate with certain 130 entities for specified purposes; amending s. 335.182, 131 F.S.; defining the term modification of an existing 132 connection; revising the definition of the term 133 significant change; amending s. 335.187, F.S.; 134 authorizing the department to modify or revoke certain 135 access permits by requiring modification of an 136 existing connection in certain circumstances; amending 137 s. 337.027, F.S.; revising the definition of the term 138 small business; amending s. 337.11, F.S.; requiring 139 the department to give consideration to small business 140 participation, instead of disadvantaged business 141 enterprise participation; repealing s. 337.125, F.S., 142 relating to socially and economically disadvantaged 143 business enterprises and notice requirements; 144 repealing s. 337.135, F.S., relating to socially and 145 economically disadvantaged business enterprises and 146 punishment for false representation; repealing s. 147 337.139, F.S., relating to efforts to encourage 148 awarding contracts to disadvantaged business 149 enterprises; amending s. 337.18, F.S.; authorizing the 150 Secretary of Transportation to require a surety bond 151 in an amount that is less than the awarded contract 152 price; amending s. 337.251, F.S.; revising factors 153 that may be considered by the department when 154 selecting certain proposals; amending s. 337.406, 155 F.S.; prohibiting camping on any portion of the right 156 of-way of the State Highway System; providing 157 applicability; amending s. 338.227, F.S.; revising the 158 purpose for which the department and the Department of 159 Management Services shall create and implement a 160 certain outreach program; amending s. 339.08, F.S.; 161 defining the term energy policy of the state; 162 prohibiting the department from expending state funds 163 to support projects or programs of certain entities in 164 certain circumstances; repealing s. 339.0805, F.S., 165 relating to funds to be expended with certified 166 disadvantaged business enterprises, a construction 167 management development program, and a bond guarantee 168 program; amending s. 339.135, F.S.; revising the 169 method of approval upon which certain spending 170 authority may be rolled forward to the next fiscal 171 year; requiring the Executive Office of the Governor 172 to make a certain budget modification upon such 173 approval; deleting the scheduled repeal of a provision 174 authorizing the chair or vice chair of the Legislative 175 Budget Commission to authorize an amendment of the 176 adopted work program in certain circumstances; 177 amending s. 339.2816, F.S.; revising the amount from 178 the State Transportation Trust Fund which may be used 179 annually to fund the Small County Road Assistance 180 Program, beginning with a specified fiscal year; 181 amending s. 339.2818, F.S.; revising the definition of 182 the term small county; authorizing the annual use of 183 a certain amount from the State Transportation Trust 184 Fund for the purposes of funding the Small County 185 Outreach Program, beginning with a specified fiscal 186 year; deleting provisions authorizing certain 187 municipalities and local governments to compete for 188 additional project funding, subject to specific 189 appropriations; amending s. 339.2821, F.S.; requiring 190 the department to ensure that it is supportive of 191 small businesses, rather than ensuring that small and 192 minority businesses have equal access to participation 193 in certain transportation projects; repealing s. 194 339.287, F.S., relating to electric vehicle charging 195 stations and infrastructure plan development; amending 196 s. 339.55, F.S.; deleting language providing that 197 certain emergency loans from the state-funded 198 infrastructure bank are subject to approval by the 199 Legislative Budget Commission; amending s. 339.651, 200 F.S.; authorizing, rather than requiring, the 201 department to make a certain amount available to fund 202 certain projects annually; deleting the scheduled 203 repeal of provisions relating to Strategic Intermodal 204 System supply chain demands; amending s. 341.051, 205 F.S.; providing for the reallocation of certain funds; 206 deleting the scheduled repeal of provisions providing 207 for the reallocation of certain funds; amending s. 208 348.754, F.S.; revising the types of businesses the 209 Central Florida Expressway Authority is required to 210 encourage the inclusion of in certain opportunities; 211 amending s. 349.03, F.S.; revising membership 212 requirements for the governing body of the 213 Jacksonville Transportation Authority; requiring the 214 authority to follow a certain business development 215 program; requiring the authority to establish certain 216 protocols and systems and post certain information on 217 a specified website; amending ss. 110.205, 322.27, 218 365.172, 379.2293, 493.6101, and 493.6403, F.S.; 219 conforming cross-references and provisions to changes 220 made by the act; providing an effective date. 221 222 Be It Enacted by the Legislature of the State of Florida: 223 224 Section 1.Present subsections (3) through (6) of section 225 20.23, Florida Statutes, are redesignated as subsections (4) 226 through (7), respectively, a new subsection (3) is added to that 227 section, and paragraph (d) of subsection (1), paragraphs (a), 228 (b), (g), and (i) of subsection (2), and paragraphs (a) and (b) 229 of present subsection (3) of that section are amended, to read: 230 20.23Department of Transportation.There is created a 231 Department of Transportation which shall be a decentralized 232 agency. 233 (1) 234 (d)The secretary may appoint up to three assistant 235 secretaries, who shall serve as the Chief Operations Officer, 236 Chief Finance and Administration Officer, and Chief Strategic 237 Development Officer, respectively; be directly responsible to 238 the secretary; and who shall perform such duties as are assigned 239 by the secretary. The secretary may also appoint an Executive 240 Director of Transportation Technology. Such assistant secretary 241 and executive director positions are exempt from career service 242 pursuant to s. 110.205(2)(j) and are included in the Senior 243 Management Service. The secretary shall designate to an 244 assistant secretary the duties related to enhancing economic 245 prosperity, including, but not limited to, the responsibility of 246 liaison with the head of economic development in the Executive 247 Office of the Governor. Such assistant secretary shall be 248 directly responsible for providing the Executive Office of the 249 Governor with investment opportunities and transportation 250 projects that expand the states role as a global hub for trade 251 and investment and enhance the supply chain system in the state 252 to process, assemble, and ship goods to markets throughout the 253 eastern United States, Canada, the Caribbean, and Latin America. 254 The secretary may delegate to any assistant secretary the 255 authority to act in the absence of the secretary. 256 (2)(a)1.The Florida Transportation Commission is hereby 257 created and shall be composed consist of nine members appointed 258 by the Governor subject to confirmation by the Senate. Members 259 of the commission shall serve terms of 4 years each. 260 2.Members shall be appointed in such a manner as to 261 equitably represent all geographic areas of the state. Each 262 member must be a registered voter and a citizen of the state. At 263 least three members of the commission must be representatives of 264 or possess expertise in the higher education, transportation, or 265 workforce development industries Each member of the commission 266 must also possess business managerial experience in the private 267 sector. 268 3.A member of the commission shall represent the 269 transportation needs of the state as a whole and may not 270 subordinate the needs of the state to those of any particular 271 area of the state. 272 4.The commission is assigned to the Office of the 273 Secretary of the Department of Transportation for administrative 274 and fiscal accountability purposes, but it shall otherwise 275 function independently of the control and direction of the 276 department. 277 (b)The commission shall: 278 1.Recommend major transportation policies for the 279 Governors approval and assure that approved policies and any 280 revisions are properly executed. 281 2.Periodically review the status of the state 282 transportation system, including highway, transit, rail, 283 seaport, intermodal development, and aviation components of the 284 system, and recommend improvements to the Governor and the 285 Legislature. 286 3.Perform an in-depth evaluation of the annual department 287 budget request, the Florida Transportation Plan, and the 288 tentative work program for compliance with all applicable laws 289 and established departmental policies. Except as specifically 290 provided in s. 339.135(4)(c)2., (d), and (f), the commission may 291 not consider individual construction projects but shall consider 292 methods of accomplishing the goals of the department in the most 293 effective, efficient, and businesslike manner. 294 4.Monitor the financial status of the department on a 295 regular basis to assure that the department is managing revenue 296 and bond proceeds responsibly and in accordance with law and 297 established policy. 298 5.Monitor on at least a quarterly basis the efficiency, 299 productivity, and management of the department using performance 300 and production standards developed by the commission pursuant to 301 s. 334.045. 302 6.Perform an in-depth evaluation of the factors causing 303 disruption of project schedules in the adopted work program and 304 recommend to the Governor and the Legislature methods to 305 eliminate or reduce the disruptive effects of these factors. 306 7.Recommend to the Governor and the Legislature 307 improvements to the departments organization in order to 308 streamline and optimize the efficiency of the department. In 309 reviewing the departments organization, the commission shall 310 determine if the current district organizational structure is 311 responsive to this states changing economic and demographic 312 development patterns. The report by the commission must be 313 delivered to the Governor and the Legislature by December 15 314 each year, as appropriate. The commission may retain experts as 315 necessary to carry out this subparagraph, and the department 316 shall pay the expenses of the experts. 317 8.Monitor the efficiency, productivity, and management of 318 the agencies and authorities created under chapters 348 and 349; 319 the Mid-Bay Bridge Authority re-created pursuant to chapter 320 2000-411, Laws of Florida; and any authority formed under 321 chapter 343; and any transit entity that receives funding under 322 the public transit block grant program pursuant to s. 341.052. 323 The commission shall also conduct periodic reviews of each 324 agencys and authoritys operations and budget, acquisition of 325 property, management of revenue and bond proceeds, and 326 compliance with applicable laws and generally accepted 327 accounting principles. 328 (g)A member of the commission shall follow the standards 329 of conduct for public officers provided in s. 112.313 may not 330 have any interest, direct or indirect, in any contract, 331 franchise, privilege, or other benefit granted or awarded by the 332 department during the term of his or her appointment and for 2 333 years after the termination of such appointment. 334 (i)The commission shall develop a budget pursuant to 335 chapter 216. The budget is not subject to change by the 336 department, but such budget shall be submitted to the Governor 337 along with the budget of the department. 338 (3)The Legislature finds that the transportation industry 339 is critical to the economic future of this state and that the 340 competitiveness of the industry in this state depends upon the 341 development and maintenance of a qualified workforce and 342 cutting-edge research and innovation. The Legislature further 343 finds that the transportation industry in this state has varied 344 and complex workforce needs ranging from technical and 345 mechanical training to continuing education opportunities for 346 workers with advanced degrees and certifications. The timely 347 need also exists for coordinated research and innovation efforts 348 to promote emerging technologies and innovative construction 349 methods and tools and to address alternative funding mechanisms. 350 It is the intent of the Legislature to support programs designed 351 to address the workforce development needs of the states 352 transportation industry. 353 (a)The Florida Transportation Research Institute is 354 created as a consortium of higher education professionals. The 355 purpose of the institute is to drive cutting-edge research, 356 innovation, transformational technologies, and breakthrough 357 solutions and to support workforce development efforts that 358 contribute to this states transportation industry. 359 (b)The institute shall report to the department and shall 360 be composed of members from the University of Florida, Indian 361 River State College, the University of Central Florida, and 362 Florida International University. The department shall select a 363 member to serve as the administrative lead of the institute. The 364 department shall assess the performance of the administrative 365 lead periodically to ensure accountability and assess the 366 attainment of performance goals. 367 (c)The Secretary of Transportation shall appoint a 368 representative of the department to serve as the executive 369 director of the institute. The department shall coordinate with 370 the members of the institute to adopt policies establishing the 371 institutes executive committee and mission statement. 372 (d)The institute may award grants in alignment with its 373 purpose. Such grants may be directed to member and nonmember 374 institutions that have a proven expertise relevant to the grant, 375 including not-for-profit organizations and institutions of 376 higher education. 377 (e)The department may allocate funds to the institute from 378 the State Transportation Trust Fund. The institute may expend 379 such funds for the institutes operations and programs to 380 support research and innovation projects that provide solutions 381 for this states transportation needs. 382 (f)The institute shall submit an annual report of 383 performance metrics to the Secretary of Transportation and the 384 commission. The report must include, but is not limited to, 385 expenditures of funds allocated to the institute by the 386 department, ongoing and proposed research efforts, and the 387 application and success of past research efforts. 388 (4)(a)(3)(a)The central office shall establish 389 departmental policies, rules, procedures, and standards and 390 shall monitor the implementation of such policies, rules, 391 procedures, and standards in order to ensure uniform compliance 392 and quality performance by the districts and central office 393 units that implement transportation programs. Major 394 transportation policy initiatives or revisions shall be 395 submitted to the commission for review. 396 (b)The secretary may appoint positions at the level of 397 deputy assistant secretary or director which the secretary deems 398 necessary to accomplish the mission and goals of the department, 399 including, but not limited to, the areas of program 400 responsibility provided in this paragraph, each of whom shall be 401 appointed by and serve at the pleasure of the secretary. The 402 secretary may combine, separate, or delete offices as needed in 403 consultation with the Executive Office of the Governor. The 404 departments areas of program responsibility include, but are 405 not limited to, all of the following: 406 1.Administration. 407 2.Planning. 408 3.Supply chain and modal development. 409 4.Design. 410 5.Highway operations. 411 6.Right-of-way. 412 7.Toll operations. 413 8.Transportation technology. 414 9.Information technology systems. 415 10.Motor carrier weight inspection. 416 11.Work program and budget. 417 12.Comptroller. 418 13.Construction. 419 14.Statewide corridors. 420 15.Maintenance. 421 16.Forecasting and performance. 422 17.Emergency management. 423 18.Safety. 424 19.Materials. 425 20.Infrastructure and innovation. 426 21.Permitting. 427 22.Traffic operations. 428 23.Operational technology. 429 Section 2.Paragraph (d) of subsection (6) of section 430 212.20, Florida Statutes, is amended to read: 431 212.20Funds collected, disposition; additional powers of 432 department; operational expense; refund of taxes adjudicated 433 unconstitutionally collected. 434 (6)Distribution of all proceeds under this chapter and ss. 435 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows: 436 (d)The proceeds of all other taxes and fees imposed 437 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) 438 and (2)(b) shall be distributed as follows: 439 1.In any fiscal year, the greater of $500 million, minus 440 an amount equal to 4.6 percent of the proceeds of the taxes 441 collected pursuant to chapter 201, or 5.2 percent of all other 442 taxes and fees imposed pursuant to this chapter or remitted 443 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in 444 monthly installments into the General Revenue Fund. 445 2.After the distribution under subparagraph 1., 8.9744 446 percent of the amount remitted by a sales tax dealer located 447 within a participating county pursuant to s. 218.61 shall be 448 transferred into the Local Government Half-cent Sales Tax 449 Clearing Trust Fund. Beginning July 1, 2003, the amount to be 450 transferred shall be reduced by 0.1 percent, and the department 451 shall distribute this amount to the Public Employees Relations 452 Commission Trust Fund less $5,000 each month, which shall be 453 added to the amount calculated in subparagraph 3. and 454 distributed accordingly. 455 3.After the distribution under subparagraphs 1. and 2., 456 0.0966 percent shall be transferred to the Local Government 457 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant 458 to s. 218.65. 459 4.After the distributions under subparagraphs 1., 2., and 460 3., 2.0810 percent of the available proceeds shall be 461 transferred monthly to the Revenue Sharing Trust Fund for 462 Counties pursuant to s. 218.215. 463 5.After the distributions under subparagraphs 1., 2., and 464 3., 1.3653 percent of the available proceeds shall be 465 transferred monthly to the Revenue Sharing Trust Fund for 466 Municipalities pursuant to s. 218.215. If the total revenue to 467 be distributed pursuant to this subparagraph is at least as 468 great as the amount due from the Revenue Sharing Trust Fund for 469 Municipalities and the former Municipal Financial Assistance 470 Trust Fund in state fiscal year 1999-2000, no municipality shall 471 receive less than the amount due from the Revenue Sharing Trust 472 Fund for Municipalities and the former Municipal Financial 473 Assistance Trust Fund in state fiscal year 1999-2000. If the 474 total proceeds to be distributed are less than the amount 475 received in combination from the Revenue Sharing Trust Fund for 476 Municipalities and the former Municipal Financial Assistance 477 Trust Fund in state fiscal year 1999-2000, each municipality 478 shall receive an amount proportionate to the amount it was due 479 in state fiscal year 1999-2000. 480 6.Of the remaining proceeds: 481 a.In each fiscal year, the sum of $29,915,500 shall be 482 divided into as many equal parts as there are counties in the 483 state, and one part shall be distributed to each county. The 484 distribution among the several counties must begin each fiscal 485 year on or before January 5th and continue monthly for a total 486 of 4 months. If a local or special law required that any moneys 487 accruing to a county in fiscal year 1999-2000 under the then 488 existing provisions of s. 550.135 be paid directly to the 489 district school board, special district, or a municipal 490 government, such payment must continue until the local or 491 special law is amended or repealed. The state covenants with 492 holders of bonds or other instruments of indebtedness issued by 493 local governments, special districts, or district school boards 494 before July 1, 2000, that it is not the intent of this 495 subparagraph to adversely affect the rights of those holders or 496 relieve local governments, special districts, or district school 497 boards of the duty to meet their obligations as a result of 498 previous pledges or assignments or trusts entered into which 499 obligated funds received from the distribution to county 500 governments under then-existing s. 550.135. This distribution 501 specifically is in lieu of funds distributed under s. 550.135 502 before July 1, 2000. 503 b.The department shall distribute $166,667 monthly to each 504 applicant certified as a facility for a new or retained 505 professional sports franchise pursuant to s. 288.1162. Up to 506 $41,667 shall be distributed monthly by the department to each 507 certified applicant as defined in s. 288.11621 for a facility 508 for a spring training franchise. However, not more than $416,670 509 may be distributed monthly in the aggregate to all certified 510 applicants for facilities for spring training franchises. 511 Distributions begin 60 days after such certification and 512 continue for not more than 30 years, except as otherwise 513 provided in s. 288.11621. A certified applicant identified in 514 this sub-subparagraph may not receive more in distributions than 515 expended by the applicant for the public purposes provided in s. 516 288.1162(5) or s. 288.11621(3). 517 c.The department shall distribute up to $83,333 monthly to 518 each certified applicant as defined in s. 288.11631 for a 519 facility used by a single spring training franchise, or up to 520 $166,667 monthly to each certified applicant as defined in s. 521 288.11631 for a facility used by more than one spring training 522 franchise. Monthly distributions begin 60 days after such 523 certification or July 1, 2016, whichever is later, and continue 524 for not more than 20 years to each certified applicant as 525 defined in s. 288.11631 for a facility used by a single spring 526 training franchise or not more than 25 years to each certified 527 applicant as defined in s. 288.11631 for a facility used by more 528 than one spring training franchise. A certified applicant 529 identified in this sub-subparagraph may not receive more in 530 distributions than expended by the applicant for the public 531 purposes provided in s. 288.11631(3). 532 d.The department shall distribute $15,333 monthly to the 533 State Transportation Trust Fund. 534 e.(I)On or before July 25, 2021, August 25, 2021, and 535 September 25, 2021, the department shall distribute $324,533,334 536 in each of those months to the Unemployment Compensation Trust 537 Fund, less an adjustment for refunds issued from the General 538 Revenue Fund pursuant to s. 443.131(3)(e)3. before making the 539 distribution. The adjustments made by the department to the 540 total distributions shall be equal to the total refunds made 541 pursuant to s. 443.131(3)(e)3. If the amount of refunds to be 542 subtracted from any single distribution exceeds the 543 distribution, the department may not make that distribution and 544 must subtract the remaining balance from the next distribution. 545 (II)Beginning July 2022, and on or before the 25th day of 546 each month, the department shall distribute $90 million monthly 547 to the Unemployment Compensation Trust Fund. 548 (III)If the ending balance of the Unemployment 549 Compensation Trust Fund exceeds $4,071,519,600 on the last day 550 of any month, as determined from United States Department of the 551 Treasury data, the Office of Economic and Demographic Research 552 shall certify to the department that the ending balance of the 553 trust fund exceeds such amount. 554 (IV)This sub-subparagraph is repealed, and the department 555 shall end monthly distributions under sub-sub-subparagraph (II), 556 on the date the department receives certification under sub-sub 557 subparagraph (III). 558 f.Beginning July 1, 2023, in each fiscal year, the 559 department shall distribute $27.5 million to the Florida 560 Agricultural Promotional Campaign Trust Fund under s. 571.26, 561 for further distribution in accordance with s. 571.265. 562 g.Beginning July 2025, and on or before the 25th day of 563 each month, from the portion of the proceeds of the tax imposed 564 under s. 212.05(1)(e)1.c., the department shall distribute $6.25 565 million to the State Transportation Trust Fund to account for a 566 portion of the impact of electric and hybrid vehicles on the 567 State Highway System. 568 7.All other proceeds must remain in the General Revenue 569 Fund. 570 Section 3.Paragraph (b) of subsection (3) of section 571 311.07, Florida Statutes, is amended to read: 572 311.07Florida seaport transportation and economic 573 development funding. 574 (3) 575 (b)Projects eligible for funding by grants under the 576 program are limited to the following port facilities or port 577 transportation projects: 578 1.Transportation facilities within the jurisdiction of the 579 port. 580 2.The dredging or deepening of channels, turning basins, 581 or harbors. 582 3.The construction or rehabilitation of wharves, docks, 583 structures, jetties, piers, storage facilities, cruise 584 terminals, automated people mover systems, or any facilities 585 necessary or useful in connection with any of the foregoing. 586 4.The acquisition of vessel tracking systems, container 587 cranes, or other mechanized equipment used in the movement of 588 cargo or passengers in international commerce. 589 5.The acquisition of land to be used for port purposes. 590 6.The acquisition, improvement, enlargement, or extension 591 of existing port facilities. 592 7.Environmental protection projects which are necessary 593 because of requirements imposed by a state agency as a condition 594 of a permit or other form of state approval; which are necessary 595 for environmental mitigation required as a condition of a state, 596 federal, or local environmental permit; which are necessary for 597 the acquisition of spoil disposal sites and improvements to 598 existing and future spoil sites; or which result from the 599 funding of eligible projects listed in this paragraph. 600 8.Transportation facilities as defined in s. 334.03(30) 601 which are not otherwise part of the Department of 602 Transportations adopted work program. 603 9.Intermodal access projects. 604 10.Construction or rehabilitation of port facilities as 605 defined in s. 315.02, excluding any park or recreational 606 facilities, in ports listed in s. 311.09(1) with operating 607 revenues of $5 million or less, provided that such projects 608 create economic development opportunities, capital improvements, 609 and positive financial returns to such ports. 610 11.Seaport master plan or strategic plan development or 611 updates, including the purchase of data to support such plans. 612 12.Spaceport or space industry-related planning or 613 construction of facilities on seaport property which are 614 necessary or useful for advancing the space industry in this 615 state and provide an economic benefit to this state. 616 13.Commercial shipbuilding and manufacturing facilities, 617 when such projects provide an economic benefit to this state. 618 Section 4.Subsections (1), (2), (3), and (11) of section 619 311.09, Florida Statutes, are amended to read: 620 311.09Florida Seaport Transportation and Economic 621 Development Council. 622 (1)The Florida Seaport Transportation and Economic 623 Development Council is created within the Department of 624 Transportation. The purpose of the council is to support the 625 growth of seaports in this state through review, development, 626 and financing of port transportation and port facilities. The 627 council is composed consists of the following 18 members: the 628 port director, or the port directors designee, of each of the 629 ports of Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, 630 Palm Beach, Port Everglades, Miami, Port Manatee, St. 631 Petersburg, Putnam County, Tampa, Port St. Joe, Panama City, 632 Pensacola, Key West, and Fernandina; the secretary of the 633 Department of Transportation or his or her designee; and the 634 secretary of the Department of Commerce or his or her designee. 635 (2)The council shall adopt bylaws governing the manner in 636 which the business of the council will be conducted. The bylaws 637 shall specify the procedure by which the chairperson of the 638 council is elected. The Department of Transportation shall 639 provide administrative support to the council on matters 640 relating to the Florida Seaport Transportation and Economic 641 Development Program and the council. 642 (3)The council shall prepare a 5-year Florida Seaport 643 Mission Plan defining the goals and objectives of the council 644 concerning the development of port facilities and an intermodal 645 transportation system consistent with the goals of the Florida 646 Transportation Plan developed pursuant to s. 339.155. The 647 Florida Seaport Mission Plan shall include specific 648 recommendations for the construction of transportation 649 facilities connecting any port to another transportation mode, 650 the construction of transportation facilities connecting any 651 port to the space and aerospace industries, and for the 652 efficient, cost-effective development of transportation 653 facilities or port facilities for the purpose of enhancing 654 trade, promoting cargo flow, increasing cruise passenger 655 movements, increasing port revenues, and providing economic 656 benefits to the state. The council shall develop a priority list 657 of projects based on these recommendations annually and submit 658 the list to the Department of Transportation. The council shall 659 update the 5-year Florida Seaport Mission Plan annually and 660 shall submit the plan no later than February 1 of each year to 661 the President of the Senate, the Speaker of the House of 662 Representatives, the Department of Commerce, and the Department 663 of Transportation. The council shall develop programs, based on 664 an examination of existing programs in Florida and other states, 665 for the training of minorities and secondary school students in 666 job skills associated with employment opportunities in the 667 maritime industry, and report on progress and recommendations 668 for further action to the President of the Senate and the 669 Speaker of the House of Representatives annually. Each port 670 member of the council shall submit a semiannual report related 671 to his or her ports operations and support of the states 672 economic competitiveness and supply chain. Reports must be 673 submitted to the Department of Transportation and include any 674 information required by the Department of Transportation in 675 consultation with the Department of Commerce. Such reports must 676 include, but are not limited to, all of the following 677 information: 678 (a)Bulk break capacity. 679 (b)Liquid storage and capacity. 680 (c)Fuel storage and capacity. 681 (d)Container capacity. 682 (e)A description of any supply chain disruption. 683 (11)Members of the council shall serve without 684 compensation but are entitled to receive reimbursement for per 685 diem and travel expenses as provided in s. 112.061. The council 686 may elect to provide an administrative staff to provide services 687 to the council on matters relating to the Florida Seaport 688 Transportation and Economic Development Program and the council. 689 The cost for such administrative services shall be paid by all 690 ports that receive funding from the Florida Seaport 691 Transportation and Economic Development Program, based upon a 692 pro rata formula measured by each recipients share of the funds 693 as compared to the total funds disbursed to all recipients 694 during the year. The share of costs for administrative services 695 shall be paid in its total amount by the recipient port upon 696 execution by the port and the Department of Transportation of a 697 joint participation agreement for each council-approved project, 698 and such payment is in addition to the matching funds required 699 to be paid by the recipient port. Except as otherwise exempted 700 by law, all moneys derived from the Florida Seaport 701 Transportation and Economic Development Program shall be 702 expended in accordance with the provisions of s. 287.057. 703 Seaports subject to competitive negotiation requirements of a 704 local governing body shall abide by the provisions of s. 705 287.055. 706 Section 5.Subsection (4) is added to section 311.10, 707 Florida Statutes, to read: 708 311.10Strategic Port Investment Initiative. 709 (4)As a condition of receiving a project grant under any 710 program established in this chapter and as a condition of 711 receiving state funds as described in s. 215.31, a seaport 712 located in any county identified in s. 331.304(1) and (5) must 713 include in any agreement with the Department of Transportation 714 that the seaport may not convert any planned or existing land, 715 facility, or infrastructure designated for cargo purposes to any 716 alternative purpose unless express approval is obtained by the 717 Secretary of Transportation and the Secretary of Commerce. As 718 used in this subsection, the term cargo purposes includes, but 719 is not limited to, any facility, activity, property, energy 720 source, or infrastructure asset that supports spaceport 721 activities. 722 Section 6.Section 316.0741, Florida Statutes, is repealed. 723 Section 7.Subsection (7) of section 316.0745, Florida 724 Statutes, is amended to read: 725 316.0745Uniform signals and devices. 726 (7)The Department of Transportation may, upon receipt and 727 investigation of reported noncompliance and after hearing 728 pursuant to 14 days notice, direct the removal of any purported 729 traffic control device that fails to meet the requirements of 730 this section, wherever the device is located and without regard 731 to assigned responsibility under s. 316.1895. The public agency 732 erecting or installing the same shall immediately bring it into 733 compliance with the requirements of this section or remove said 734 device or signal upon the direction of the Department of 735 Transportation and may not, for a period of 5 years, install any 736 replacement or new traffic control devices paid for in part or 737 in full with revenues raised by the state unless written prior 738 approval is received from the Department of Transportation. Any 739 additional violation by a public body or official shall be cause 740 for the withholding of state funds for traffic control purposes 741 until such public body or official demonstrates to the 742 Department of Transportation that it is complying with this 743 section. 744 Section 8.Section 330.27, Florida Statutes, is amended to 745 read: 746 330.27Definitions, when used in ss. 330.29-330.39. 747 (1)Air ambulance operation means a flight with a patient 748 or medical personnel on board for the purpose of medical 749 transportation. 750 (2)Aircraft means a powered or unpowered machine or 751 device capable of atmospheric flight, including, but not limited 752 to, an airplane, an autogyro, a glider, a gyrodyne, a 753 helicopter, a lift and cruise, a multicopter, paramotors, a 754 powered lift, a seaplane, a tiltrotor, an ultralight, and a 755 vectored thrust. The term does not include except a parachute or 756 other such device used primarily as safety equipment. 757 (3)(2)Airport means a specific an area of land or water 758 or a structure used for, or intended to be used for, aircraft 759 operations, which may include landing and takeoff of aircraft, 760 including appurtenant areas, buildings, facilities, or rights 761 of-way necessary to facilitate such use or intended use. The 762 term includes, but is not limited to, airparks, airports, 763 gliderports, heliports, helistops, seaplane bases, ultralight 764 flightparks, vertiports, and vertistops. 765 (4)Commercial air tour operation means a flight 766 conducted for compensation or hire in an aircraft where a 767 purpose of the flight is sightseeing. 768 (5)Commuter operation means any scheduled operation 769 conducted by a person operating an aircraft with a frequency of 770 operations of at least five round trips per week on at least one 771 route between two or more points according to the published 772 flight schedule. 773 (6)(3)Department means the Department of Transportation. 774 (7)(4)Limited airport means any airport limited 775 exclusively to the specific conditions stated on the site 776 approval order or license. 777 (8)On-demand operation means any scheduled passenger 778 carrying operation for compensation or hire conducted by a 779 person operating an aircraft with a frequency of operations of 780 fewer than five round trips per week on at least one route 781 between two or more points according to the published flight 782 schedule. 783 (9)(5)Private airport means an airport, publicly or 784 privately owned, which is not open or available for use by the 785 public, but may be made available to others by invitation of the 786 owner or manager. 787 (10)Private airport of public interest means a private 788 airport engaged in air ambulance operations, commercial air tour 789 operations, commuter operations, on-demand operations, public 790 charter operations, scheduled operations, or supplemental 791 operations. 792 (11)(6)Public airport means an airport, publicly or 793 privately owned, which is open for use by the public. 794 (12)Public charter operation means a one-way or round 795 trip charter flight performed by one or more direct air carriers 796 which is arranged and sponsored by a charter operator. 797 (13)Scheduled operation means any common carriage 798 passenger-carrying operation for compensation or hire conducted 799 by an air carrier or commercial operator for which the 800 certificateholder or its representative offers in advance the 801 departure location, departure time, and arrival location. 802 (14)Supplemental operation means any common carriage 803 operation for compensation or hire conducted with an aircraft 804 for which the departure time, departure location, and arrival 805 location are specifically negotiated with the customer or 806 customers representative. 807 (15)(7)Temporary airport means an airport at which 808 flight operations are conducted under visual flight rules 809 established by the Federal Aviation Administration and which is 810 used for less than 30 consecutive days with no more than 10 811 operations per day. 812 (8)Ultralight aircraft means any aircraft meeting the 813 criteria established by part 103 of the Federal Aviation 814 Regulations. 815 Section 9.Subsections (2) and (4) of section 330.30, 816 Florida Statutes, are amended to read: 817 330.30Approval of airport sites; registration, 818 certification, and licensure of airports. 819 (2)LICENSES, CERTIFICATIONS, AND REGISTRATIONS; 820 REQUIREMENTS, RENEWAL, REVOCATION. 821 (a)Except as provided in subsection (3), the owner or 822 lessee of an airport in this state shall have a public airport 823 license, private airport registration, or temporary airport 824 registration before the operation of aircraft to or from the 825 airport. Application for a license or registration shall be made 826 in a form and manner prescribed by the department. 827 1.For a public airport, upon granting site approval, the 828 department shall issue a license after a final airport 829 inspection finds the airport to be in compliance with all 830 requirements for the license. The license may be subject to any 831 reasonable conditions the department deems necessary to protect 832 the public health, safety, or welfare. 833 2.For a private airport, upon granting site approval, the 834 department shall provide controlled electronic access to the 835 state aviation facility data system to permit the applicant to 836 complete the registration process. Registration shall be 837 completed upon self-certification by the registrant of 838 operational and configuration data deemed necessary by the 839 department. 840 3.For a temporary airport, the department must publish 841 notice of receipt of a completed registration application in the 842 next available publication of the Florida Administrative 843 Register and may not approve a registration application less 844 than 14 days after the date of publication of the notice. The 845 department must approve or deny a registration application 846 within 30 days after receipt of a completed application and must 847 issue the temporary airport registration concurrent with the 848 airport site approval. A completed registration application that 849 is not approved or denied within 30 days after the department 850 receives the completed application is considered approved and 851 shall be issued, subject to such reasonable conditions as are 852 authorized by law. An applicant seeking to claim registration by 853 default under this subparagraph must notify the agency clerk of 854 the department, in writing, of the intent to rely upon the 855 default registration provision of this subparagraph and may not 856 take any action based upon the default registration until after 857 receipt of such notice by the agency clerk. 858 4.A private airport of public interest must obtain a 859 certificate from the department before allowing aircraft 860 operations. The department shall issue a certificate after a 861 final inspection finds the airport to be in compliance with all 862 certificate requirements. The certificate is subject to any 863 reasonable conditions the department deems necessary to protect 864 the public. A private airport that was engaged in operations 865 associated with a private airport of public interest on or 866 before July 1, 2025, must obtain a certificate from the 867 department by July 1, 2030. 868 (b)The department may license a public airport that does 869 not meet standards only if it determines that such exception is 870 justified by unusual circumstances or is in the interest of 871 public convenience and does not endanger the public health, 872 safety, or welfare. Such a license shall bear the designation 873 special and shall state the conditions subject to which the 874 license is granted. 875 (c)A temporary airport license or registration shall be 876 valid for less than 30 days and is not renewable. The department 877 may not approve a subsequent temporary airport registration 878 application for the same general location if the purpose or 879 effect is to evade otherwise applicable airport permitting or 880 licensure requirements. 881 (d)1.Each public airport license shall expire no later 882 than 1 year after the effective date of the license, except that 883 the expiration date of a license may be adjusted to provide a 884 maximum license period of 18 months to facilitate airport 885 inspections, recognize seasonal airport operations, or improve 886 administrative efficiency. 887 2.Registration for private airports shall remain valid 888 provided specific elements of airport data, established by the 889 department, are periodically recertified by the airport 890 registrant. The ability to recertify private airport 891 registration data shall be available at all times by electronic 892 submittal. A private airport registration that has not been 893 recertified in the 24-month period following the last 894 certification shall expire, unless the registration period has 895 been adjusted by the department for purposes of informing 896 private airport owners of their registration responsibilities or 897 promoting administrative efficiency. The expiration date of the 898 current registration period will be clearly identifiable from 899 the state aviation facility data system. 900 3.The effective date and expiration date shall be shown on 901 public airport licenses. Upon receiving an application for 902 renewal of an airport license in a form and manner prescribed by 903 the department and receiving a favorable inspection report 904 indicating compliance with all applicable requirements and 905 conditions, the department shall renew the license, subject to 906 any conditions deemed necessary to protect the public health, 907 safety, or welfare. 908 4.The department may require a new site approval for any 909 airport if the license or registration has expired. 910 5.If the renewal application for a public airport license 911 has not been received by the department or no private airport 912 registration recertification has been accomplished within 15 913 days after the date of expiration, the department may revoke the 914 airport license or registration. 915 6.After initial registration, the department may issue a 916 certificate to a private airport of public interest if the 917 airport is found, after a physical inspection, to be in 918 compliance with all certificate requirements. The certificate is 919 subject to any reasonable condition that the department deems 920 necessary to protect the public health, safety, or welfare. A 921 private airport of public interest certificate expires 5 years 922 after the effective date of the certificate. 923 (e)The department may revoke, or refuse to allow or issue, 924 any airport registration or recertification, or any license or 925 license renewal, if it determines: 926 1.That the site has been abandoned as an airport; 927 2.That the airport does not comply with the conditions of 928 the license, license renewal, or site approval; 929 3.That the airport has become either unsafe or unusable 930 for flight operation due to physical or legal changes in 931 conditions that were the subject of approval; or 932 4.That an airport required to file or update a security 933 plan pursuant to paragraph (f) has failed to do so. 934 (f)1.After initial licensure, a license of a publicly or 935 privately owned general aviation airport that is open to the 936 public, that has at least one runway greater than 4,999 feet in 937 length, and that does not host scheduled passenger-carrying 938 commercial service operations regulated under 14 C.F.R. part 139 939 shall not be renewed or reissued unless an approved security 940 plan has been filed with the department, except when the 941 department determines that the airport is working in good faith 942 toward completion and filing of the plan. 943 2.Security plans required by this paragraph must be 944 developed in accordance with the 2004 Security Planning for 945 General Aviation Airports guidelines published by the Florida 946 Airports Council. Certain administrative data from the approved 947 security plan shall be submitted to the Department of Law 948 Enforcement, in a format prescribed by the Department of Law 949 Enforcement, for use in protecting critical infrastructure of 950 the state. 951 3.The department shall not approve a security plan for 952 filing unless it is consistent with Florida Airports Council 953 guidelines. 954 4.An airport required to file a security plan pursuant to 955 this paragraph shall update its plan at least once every 2 years 956 after the initial filing date and file the updated plan with the 957 department. The department shall review the updated plan prior 958 to approving it for filing to determine whether it is consistent 959 with Florida Airports Council guidelines. No renewal license 960 shall be issued to the airport unless the department approves 961 the updated security plan or determines that the airport is 962 working in good faith to update it. 963 (4)EXCEPTIONS.Private airports with 10 or more based 964 aircraft may request to be inspected and licensed by the 965 department. Private airports licensed according to this 966 subsection shall be considered private airports as defined in s. 967 330.27 s. 330.27(5) in all other respects. 968 Section 10.Section 331.371, Florida Statutes, is amended 969 to read: 970 331.371Strategic space infrastructure investment. 971 (1)In consultation with Space Florida, the Department of 972 Transportation may fund spaceport discretionary capacity 973 improvement projects, as defined in s. 331.303, at up to 100 974 percent of the projects cost if: 975 (a)(1)Important access and on-spaceport-territory space 976 transportation capacity improvements are provided; 977 (b)(2)Capital improvements that strategically position the 978 state to maximize opportunities in international trade are 979 achieved; 980 (c)(3)Goals of an integrated intermodal transportation 981 system for the state are achieved; and 982 (d)(4)Feasibility and availability of matching funds 983 through federal, local, or private partners are demonstrated. 984 (2)(a)In consultation with the Department of Commerce and 985 the Department of Environmental Protection, the Department of 986 Transportation may fund wastewater projects, stormwater 987 projects, water capacity projects, and projects associated with 988 critical infrastructure facilities as defined in s. 692.201 989 within or outside of a spaceport territory as long as the 990 project supports aerospace or launch support facilities within 991 an adjacent spaceport territory boundary. 992 (b)The Department of Transportation, the Department of 993 Commerce, and the Department of Environmental Protection shall 994 coordinate in funding projects under this subsection to optimize 995 the use of available funds. 996 Section 11.Section 332.003, Florida Statutes, is amended 997 to read: 998 332.003Florida Airport Development and Accountability 999 Assistance Act; short title.Sections 332.003-332.007 may be 1000 cited as the Florida Airport Development and Accountability 1001 Assistance Act. 1002 Section 12.Section 332.005, Florida Statutes, is amended 1003 to read: 1004 332.005Restrictions on authority of Department of 1005 Transportation. 1006 (1)This act specifically prohibits the Department of 1007 Transportation from regulating commercial air carriers operating 1008 within the state pursuant to federal authority and regulations; 1009 from participating in or exercising control in the management 1010 and operation of a sponsors airport, except when officially 1011 requested by the sponsor; or from expanding the design or 1012 operational capability of the department in the area of airport 1013 and aviation consultants contract work, other than to provide 1014 technical assistance as requested. 1015 (2)Notwithstanding subsection (1), upon the declaration of 1016 a state of emergency issued by the Governor in preparation for 1017 or in response to a natural disaster, airports shall, at no cost 1018 to the state, provide the Department of Transportation with the 1019 opportunity to use any property that is not within the air 1020 navigation facility as defined in s. 332.01(4) for the staging 1021 of equipment and personnel to support emergency preparedness and 1022 response operations. 1023 Section 13.Subsection (7) of section 332.006, Florida 1024 Statutes, is amended, and subsection (10) is added to that 1025 section, to read: 1026 332.006Duties and responsibilities of the Department of 1027 Transportation.The Department of Transportation shall, within 1028 the resources provided pursuant to chapter 216: 1029 (7)Develop, promote, and distribute supporting information 1030 and educational services, including, but not limited to, 1031 educational services with a focus on retention and growth of the 1032 aviation industry workforce. 1033 (10)When deemed appropriate by the department, conduct 1034 inspections of commercial airport facilities that have received 1035 state funding, including, but not limited to, the inspection of 1036 terminal facilities, baggage systems, and fixed guideway 1037 transportation systems in accordance with s. 341.061. The 1038 department may enter into agreements with other state regulatory 1039 agencies, including, but not limited to, the Department of 1040 Business and Professional Regulation and the Department of 1041 Health, for the purpose of conducting such inspections. 1042 Section 14.Subsection (5), paragraph (a) of subsection 1043 (7), and subsections (8) and (9) of section 332.007, Florida 1044 Statutes, are amended, and paragraph (c) is added to subsection 1045 (2) of that section, to read: 1046 332.007Administration and financing of aviation and 1047 airport programs and projects; state plan. 1048 (2) 1049 (c)The department shall require each airport sponsor to 1050 submit an annual comprehensive maintenance program report that 1051 provides details relating to maintenance and inspections of 1052 airport infrastructure. The report must include a schedule of 1053 inspections, locations at which inspections and maintenance are 1054 performed, a list of required maintenance needs, any remedial 1055 action required or taken after an inspection, and details of 1056 follow-up inspections. For purposes of this paragraph, the term 1057 maintenance means any preventive or routine work necessary to 1058 maintain airport infrastructure in good condition, which is 1059 essential for the safe operation of airport infrastructure. If 1060 the comprehensive maintenance program report includes evidence 1061 of failure to perform routine maintenance, the department may 1062 withhold state funds intended for use for capital expansion 1063 projects until the airport sponsor takes corrective action to 1064 address the failure. Records of materials and equipment used for 1065 maintenance and repair work must be maintained by the airport 1066 sponsor as required by the department. 1067 (5)Only those projects or programs provided for in this 1068 act that will contribute to the implementation of the state 1069 aviation system plan, that are consistent with the energy policy 1070 of the state as defined in s. 339.08(6)(a), that are consistent 1071 with and will contribute to the implementation of any airport 1072 master plan or layout plan, and that are consistent, to the 1073 maximum extent feasible, with the approved local government 1074 comprehensive plans of the units of government in which the 1075 airport is located are eligible for the expenditure of state 1076 funds in accordance with fund participation rates and priorities 1077 established herein. 1078 (7)Subject to the availability of appropriated funds in 1079 addition to aviation fuel tax revenues, the department may 1080 participate in the capital cost of eligible public airport and 1081 aviation discretionary capacity improvement projects. The annual 1082 legislative budget request shall be based on the funding 1083 required for discretionary capacity improvement projects in the 1084 aviation and airport work program. 1085 (a)The department shall provide priority funding in 1086 support of: 1087 1.Terminal and parking expansion projects that increase 1088 capacity at airports providing commercial service in counties 1089 with a population of 500,000 or less. 1090 2.Land acquisition which provides additional capacity at 1091 the qualifying international airport or at that airports 1092 supplemental air carrier airport. 1093 3.2.Runway and taxiway projects that add capacity or are 1094 necessary to accommodate technological changes in the aviation 1095 industry. 1096 4.3.Airport access transportation projects that improve 1097 direct airport access and are approved by the airport sponsor. 1098 5.4.International terminal projects that increase 1099 international gate capacity. 1100 6.Projects that improve safety and efficiency of airport 1101 operations. 1102 7.Emerging technology projects, workforce development 1103 projects, and projects that benefit the strategic intermodal 1104 system through intermodal connectivity. 1105 (8)The department may also fund eligible projects 1106 performed by not-for-profit organizations and postsecondary 1107 education institutions as defined in s. 1008.47 which support 1108 the training of pilots, air traffic control personnel, or 1109 aircraft maintenance technical personnel that represent a 1110 majority of public airports in this state. Eligible projects may 1111 include activities associated with aviation master planning, 1112 professional education, safety and security planning, enhancing 1113 economic development and efficiency at airports in this state, 1114 or other planning efforts to improve the viability and safety of 1115 airports in this state. Programs that support the transition of 1116 honorably discharged military personnel to the aviation industry 1117 are also eligible projects under this subsection. The department 1118 may provide matching funds for eligible projects funded by the 1119 Department of Commerce. 1120 (9)The department may fund strategic airport investment 1121 projects at up to 100 percent of the projects cost if: 1122 (a)Important access and on-airport capacity improvements 1123 are provided; 1124 (b)Capital improvements that strategically position the 1125 state to maximize opportunities in tourism, international trade, 1126 logistics, and the aviation industry are provided; 1127 (c)Goals of an integrated intermodal transportation system 1128 for the state are achieved; and 1129 (d)Feasibility and availability of matching funds through 1130 federal, local, or private partners are demonstrated. 1131 Section 15.Paragraphs (a), (b), and (d) of subsection (1), 1132 subsection (2), and paragraph (a) of subsection (5) of section 1133 332.0075, Florida Statutes, are amended, and paragraph (c) is 1134 added to subsection (5) of that section, to read: 1135 332.0075Commercial service airports; transparency and 1136 accountability; penalty. 1137 (1)As used in this section, the term: 1138 (a)Commercial service airport means an airport providing 1139 commercial service, including large, medium, small, and nonhub 1140 airports as classified a primary airport as defined in 49 U.S.C. 1141 s. 47102 which is classified as a large, medium, or small hub 1142 airport by the Federal Aviation Administration. 1143 (b)Consent agenda means an agenda which consists of 1144 items voted on collectively or as a group and which does not 1145 provide the opportunity for public comment on each such item 1146 before approval or disapproval by the governing body. 1147 (d)Governing body means the governing body of the 1148 county, municipality, or special district that operates a 1149 commercial service airport. The term also includes an appointed 1150 board or oversight entity serving as the governing body for 1151 purposes of a commercial service airport on behalf of a county, 1152 municipality, or special district. 1153 (2)Each governing body shall establish and maintain a 1154 website to post information relating to the operation of a 1155 commercial service airport. The information must remain posted 1156 on the website for 5 years or for the entirety of the period 1157 during which the document is actively in use, whichever is 1158 longer, and must include all of the following, including: 1159 (a)All published notices of meetings and published meeting 1160 agendas of the governing body. 1161 (b)The official minutes of each meeting of the governing 1162 body, which must shall be posted within 7 business days after 1163 the date of the meeting in which the minutes were approved. 1164 (c)The approved budget for the commercial service airport 1165 for the current fiscal year, which shall be posted within 7 1166 business days after the date of adoption. Budgets must remain on 1167 the website for 5 2 years after the conclusion of the fiscal 1168 year for which they were adopted. 1169 (d)Copies of the current airport master plan and the 1170 immediately preceding airport master plan for the commercial 1171 service airport and a link to the current airport master plan 1172 for the commercial service airport on the commercial service 1173 airports website. 1174 (e)A link to all financial and statistical reports for the 1175 commercial service airport on the Federal Aviation 1176 Administrations website. 1177 (f)Any contract or contract amendment for the purchase of 1178 commodities or contractual services executed by or on behalf of 1179 the commercial service airport in excess of the threshold amount 1180 provided in s. 287.017 for CATEGORY FIVE, which must shall be 1181 posted no later than 7 business days after the commercial 1182 service airport executes the contract or contract amendment. 1183 However, a contract or contract amendment may not reveal 1184 information made confidential or exempt by law. Each commercial 1185 service airport must redact confidential or exempt information 1186 from each contract or contract amendment before posting a copy 1187 on its website. 1188 (g)Position and rate information for each employee of the 1189 commercial service airport, including, at a minimum, the 1190 employees position title, position description, and annual or 1191 hourly salary. This information must shall be updated quarterly 1192 annually. 1193 (5)(a)Each November 1, the governing body of each 1194 commercial service airport shall submit the following 1195 information to the department: 1196 1.Its approved budget for the current fiscal year. 1197 2.Any financial reports submitted to the Federal Aviation 1198 Administration during the previous calendar year. 1199 3.A link to its website. 1200 4.A statement, verified as provided in s. 92.525, that it 1201 has complied with part III of chapter 112, chapter 287, and this 1202 section. 1203 5.The most recent copies of its strategic plans. 1204 6.Contracts related to any financial awards received 1205 through federally funded grant programs for the preceding year. 1206 (c)A commercial service airport shall: 1207 1.Notify the department within 48 hours after receiving a 1208 communication or directive from a federal agency relating to 1209 public health testing or the transfer of unauthorized aliens 1210 into this state. 1211 2.Notify the department as soon as is reasonably possible, 1212 but no later than 48 hours, after the discovery of an incident 1213 or issue of statewide concern, including, but not limited to, an 1214 incident or issue that puts the safety of the traveling public 1215 at risk, a potential cybersecurity risk or breach, or as defined 1216 by the department. 1217 Section 16.Section 332.15, Florida Statutes, is created to 1218 read: 1219 332.15Advanced air mobility.The Department of 1220 Transportation shall, within the resources provided pursuant to 1221 chapter 216: 1222 (1)Address the need for vertiports, advanced air mobility, 1223 and other advances in aviation technology in the statewide 1224 aviation system plan required under s. 332.006(1) and, as 1225 appropriate, in the departments work program. 1226 (2)Designate a subject matter expert on advanced air 1227 mobility within the department to serve as a resource for local 1228 jurisdictions navigating advances in aviation technology. 1229 (3)Conduct a review of airport hazard zone regulations. 1230 (4)In coordination with the Department of Commerce, 1231 provide coordination and assistance for the development of a 1232 viable advanced air mobility system plan in this state. The 1233 department shall incorporate the plan into the statewide 1234 aviation system plan required under s. 332.006(1) to identify 1235 and develop statewide corridors of need and opportunities for 1236 industry growth. 1237 Section 17.Subsections (5) and (26) of section 334.044, 1238 Florida Statutes, are amended, and subsections (37), (38), and 1239 (39) are added to that section, to read: 1240 334.044Powers and duties of the department.The department 1241 shall have the following general powers and duties: 1242 (5)To purchase, lease, or otherwise acquire property and 1243 materials, including the purchase of promotional items as part 1244 of public information and education campaigns for the promotion 1245 of environmental management, scenic highways, traffic and train 1246 safety awareness, alternatives to single-occupant vehicle 1247 travel, commercial motor vehicle safety, workforce development, 1248 electric vehicle use and charging stations, autonomous vehicles, 1249 and context classification design for electric vehicles and 1250 autonomous vehicles; to purchase, lease, or otherwise acquire 1251 equipment and supplies; and to sell, exchange, or otherwise 1252 dispose of any property that is no longer needed by the 1253 department. 1254 (26)To provide for the enhancement of environmental 1255 benefits, including air and water quality; to prevent roadside 1256 erosion; to conserve the natural roadside growth and scenery; 1257 and to provide for the implementation and maintenance of 1258 roadside conservation, enhancement, and stabilization programs. 1259 (a)On an annual basis, an amount equal to at least 1.5 1260 percent of the total amount contracted for construction projects 1261 shall be allocated by the department on a statewide basis for 1262 the purchase of plant materials, which may also be used in 1263 maintenance projects to enhance State Highway System rights-of 1264 way and arterial facilities. Such funds must be allocated on a 1265 statewide basis. Department districts may not expend funds for 1266 landscaping in connection with any project that is limited to 1267 resurfacing existing lanes unless the expenditure has been 1268 approved by the departments secretary or the secretarys 1269 designee. 1270 (b)To the greatest extent practical, at least 50 percent 1271 of the funds allocated under paragraph (a) this subsection shall 1272 be allocated for large plant materials and the remaining funds 1273 for other plant materials. 1274 (c)Except as prohibited by applicable federal law or 1275 regulation, all plant materials shall be purchased from Florida 1276 commercial nursery stock in this state on a uniform competitive 1277 bid basis. The department shall develop grades and standards for 1278 landscaping materials purchased through this process, which must 1279 include standards for landscaping materials native to specific 1280 regions of this state which are reflective of this states 1281 heritage and natural landscapes. To accomplish these activities, 1282 the department may contract with nonprofit organizations having 1283 the primary purpose of developing youth employment 1284 opportunities. 1285 (d)To increase cost predictability and programming needs, 1286 for a project with a total contracted construction cost greater 1287 than $500 million, 0.5 percent of the total construction cost 1288 shall be expended on the purchase of plant materials under 1289 paragraph (a) in the fiscal year in which construction begins 1290 and the remaining 1 percent may be expended incrementally over 1291 the next 5 fiscal years. 1292 (e)Projects authorized in s. 215 of chapter 2023-239, Laws 1293 of Florida, and in budget amendment EOG #2024-B0112 and 1294 subsequently adopted into the departments 5-year work program 1295 are exempt from this subsection. This paragraph expires upon the 1296 completion of the authorized projects. 1297 (37)Notwithstanding s. 287.022 or s. 287.025, to directly 1298 enter into insurance contracts with local, national, or 1299 international insurance companies for the purchase of insurance 1300 coverage that the department is contractually and legally 1301 required to provide. 1302 (38)Notwithstanding s. 287.14, to purchase or acquire 1303 heavy equipment and motor vehicles for roadway operations and 1304 emergency response purposes regardless of whether the department 1305 exchanges or ceases to operate any department-owned heavy 1306 equipment or motor vehicles. 1307 (39)To adopt rules for the purpose of compliance with 49 1308 C.F.R. part 26 and any other applicable federal law. 1309 Section 18.Subsection (1) of section 334.045, Florida 1310 Statutes, is amended to read: 1311 334.045Transportation performance and productivity 1312 standards; development; measurement; application. 1313 (1)The Florida Transportation Commission shall develop and 1314 adopt measures for evaluating the performance and productivity 1315 of the department. The measures may be both quantitative and 1316 qualitative and must, to the maximum extent practical, assess 1317 those factors that are within the departments control. The 1318 measures must, at a minimum, assess performance in the following 1319 areas: 1320 (a)Production; 1321 (b)Finance and administration; 1322 (c)Preservation of the current state system; 1323 (d)Safety of the current state system; 1324 (e)Capacity improvements: highways and all public 1325 transportation modes; and 1326 (f)The business development program established under s. 1327 337.027 Disadvantaged business enterprise and minority business 1328 programs. 1329 Section 19.Section 334.62, Florida Statutes, is created to 1330 read: 1331 334.62Florida Transportation Academy.The Legislature 1332 finds that the growth and sustainability of the transportation 1333 industry workforce is vital to the continued success and 1334 efficiency of the states supply chain and economic 1335 competitiveness. In order to prioritize the continued need for 1336 transportation industry workforce development programs, the 1337 Florida Transportation Academy is established within the 1338 department. In order to support, promote, and sustain workforce 1339 development efforts in the transportation sector, the department 1340 may do all of the following: 1341 (1)Coordinate with the Department of Corrections to 1342 identify and create certification and training opportunities for 1343 nonviolent, scheduled-release inmates and create a notification 1344 process between the Department of Corrections and the department 1345 for nonviolent inmates with imminent scheduled-release dates who 1346 are expected to seek employment upon release. 1347 (2)Coordinate with the Department of Juvenile Justice and 1348 its educational partners to create certification and training 1349 opportunities for eligible youth. 1350 (3)Coordinate with veterans organizations to encourage 1351 veterans with honorable military discharge to pursue employment 1352 opportunities within the transportation industry, including, but 1353 not limited to, employment as pilots, mechanics, and air traffic 1354 controllers. 1355 (4)Coordinate with the Department of Commerce, 1356 CareerSource Florida, Inc., and regional business organizations, 1357 within and outside of the transportation industry, to further 1358 understand recruitment and retention needs and job-seeker 1359 pipelines. 1360 (5)Coordinate with the American Council of Engineering 1361 Companies and the Florida Transportation Builders Association to 1362 optimize workforce recruitment and retention and assess future 1363 needs across the transportation industry in this state. 1364 Section 20.Present paragraph (b) of subsection (3) of 1365 section 335.182, Florida Statutes, is redesignated as paragraph 1366 (c) and amended, and a new paragraph (b) is added to that 1367 subsection, to read: 1368 335.182Regulation of connections to roads on State Highway 1369 System; definitions. 1370 (3)As used in this act, the term: 1371 (b)Modification of an existing connection means the 1372 relocation, alteration, or closure of the connection. 1373 (c)(b)Significant change means: 1374 1.A change in the use of the property, including the 1375 development of land, structures, or facilities;, or 1376 2.An expansion of the size of the property, structures, or 1377 facilities causing an increase in the trip generation of the 1378 property exceeding 25 percent more trip generation, (either peak 1379 hour or daily,) and exceeding 100 vehicles per day more than the 1380 existing use. 1381 Section 21.Subsections (3) and (4) of section 335.187, 1382 Florida Statutes, are amended to read: 1383 335.187Unpermitted connections; existing access permits; 1384 nonconforming permits; modification and revocation of permits. 1385 (3)The department may issue a nonconforming access permit 1386 if denying after finding that to deny an access permit would 1387 leave the property without a reasonable means of access to the 1388 State Highway System. The department may specify limits on the 1389 maximum vehicular use of the connection and may condition be 1390 conditioned on the availability of future alternative means of 1391 access for which access permits can be obtained. 1392 (4)After written notice and the opportunity for a hearing, 1393 as provided for in s. 120.60, the department may modify or 1394 revoke an access permit issued after July 1, 1988, by requiring 1395 modification Relocation, alteration, or closure of an existing 1396 connection if: 1397 (a)A significant change occurs in the use, design, or 1398 traffic flow of the connection; or 1399 (b)It would jeopardize the safety of the public or have a 1400 negative impact upon the operational characteristics of the 1401 highway. 1402 Section 22.Subsection (2) of section 337.027, Florida 1403 Statutes, is amended to read: 1404 337.027Authority to implement a business development 1405 program. 1406 (2)For purposes of this section, the term small business 1407 means a business with yearly average gross receipts of less than 1408 $25 $15 million for road and bridge contracts and less than $10 1409 $6.5 million for professional and nonprofessional services 1410 contracts. A business average gross receipts is determined by 1411 averaging its annual gross receipts over the last 3 years, 1412 including the receipts of any affiliate as defined in s. 1413 337.165. 1414 Section 23.Subsection (6) of section 337.11, Florida 1415 Statutes, is amended to read: 1416 337.11Contracting authority of department; bids; emergency 1417 repairs, supplemental agreements, and change orders; combined 1418 design and construction contracts; progress payments; records; 1419 requirements of vehicle registration. 1420 (6)(a)If the secretary determines that an emergency in 1421 regard to the restoration or repair of any state transportation 1422 facility exists such that the delay incident to giving 1423 opportunity for competitive bidding would be detrimental to the 1424 interests of the state, the provisions for competitive bidding 1425 do not apply; and the department may enter into contracts for 1426 restoration or repair without giving opportunity for competitive 1427 bidding on such contracts. Within 30 days after such 1428 determination and contract execution, the head of the department 1429 shall file with the Executive Office of the Governor a written 1430 statement of the conditions and circumstances constituting such 1431 emergency. 1432 (b)If the secretary determines that delays on a contract 1433 for maintenance exist due to administrative challenges, bid 1434 protests, defaults or terminations and the further delay would 1435 reduce safety on the transportation facility or seriously hinder 1436 the departments ability to preserve the states investment in 1437 that facility, competitive bidding provisions may be waived and 1438 the department may enter into a contract for maintenance on the 1439 facility. However, contracts for maintenance executed under the 1440 provisions of this paragraph shall be interim in nature and 1441 shall be limited in duration to a period of time not to exceed 1442 the length of the delay necessary to complete the competitive 1443 bidding process and have the contract in place. 1444 (c)When the department determines that it is in the best 1445 interest of the public for reasons of public concern, economy, 1446 improved operations, or safety, and only when circumstances 1447 dictate rapid completion of the work, the department may, up to 1448 the amount of $500,000, enter into contracts for construction 1449 and maintenance without advertising and receiving competitive 1450 bids. The department may enter into such contracts only upon a 1451 determination that the work is necessary for one of the 1452 following reasons: 1453 1.To ensure timely completion of projects or avoidance of 1454 undue delay for other projects; 1455 2.To accomplish minor repairs or construction and 1456 maintenance activities for which time is of the essence and for 1457 which significant cost savings would occur; or 1458 3.To accomplish nonemergency work necessary to ensure 1459 avoidance of adverse conditions that affect the safe and 1460 efficient flow of traffic. 1461 1462 The department shall make a good faith effort to obtain two or 1463 more quotes, if available, from qualified contractors before 1464 entering into any contract. The department shall give 1465 consideration to small disadvantaged business enterprise 1466 participation. However, when the work exists within the limits 1467 of an existing contract, the department shall make a good faith 1468 effort to negotiate and enter into a contract with the prime 1469 contractor on the existing contract. 1470 Section 24.Section 337.125, Florida Statutes, is repealed. 1471 Section 25.Section 337.135, Florida Statutes, is repealed. 1472 Section 26.Section 337.139, Florida Statutes, is repealed. 1473 Section 27.Paragraph (a) of subsection (1) of section 1474 337.18, Florida Statutes, is amended to read: 1475 337.18Surety bonds for construction or maintenance 1476 contracts; requirement with respect to contract award; bond 1477 requirements; defaults; damage assessments. 1478 (1)(a)A surety bond shall be required of the successful 1479 bidder in an amount equal to the awarded contract price. 1480 However, the department may choose, in its discretion and 1481 applicable only to multiyear maintenance contracts, to allow for 1482 incremental annual contract bonds that cumulatively total the 1483 full, awarded, multiyear contract price;. The department may 1484 also choose, in its discretion and applicable only to phased 1485 design-build contracts under s. 337.11(7)(b), to allow the 1486 issuance of multiple contract performance and payment bonds in 1487 succession to align with each phase of the contract to meet the 1488 bonding requirement in this subsection; and, at the discretion 1489 of the Secretary of Transportation and notwithstanding any 1490 bonding requirement under s. 337.18, to require a surety bond in 1491 an amount that is less than the awarded contract price. 1492 1.The department may waive the requirement for all or a 1493 portion of a surety bond if: 1494 a.The contract price is $250,000 or less and the 1495 department determines that the project is of a noncritical 1496 nature and that nonperformance will not endanger public health, 1497 safety, or property; 1498 b.The prime contractor is a qualified nonprofit agency for 1499 the blind or for the other severely handicapped under s. 1500 413.036(2); or 1501 c.The prime contractor is using a subcontractor that is a 1502 qualified nonprofit agency for the blind or for the other 1503 severely handicapped under s. 413.036(2). However, the 1504 department may not waive more than the amount of the 1505 subcontract. 1506 2.If the department determines that it is in the best 1507 interests of the department to reduce the bonding requirement 1508 for a project and that to do so will not endanger public health, 1509 safety, or property, the department may waive the requirement of 1510 a surety bond in an amount equal to the awarded contract price 1511 for a project having a contract price of $250 million or more 1512 and, in its place, may set a surety bond amount that is a 1513 portion of the total contract price and provide an alternate 1514 means of security for the balance of the contract amount that is 1515 not covered by the surety bond or provide for incremental surety 1516 bonding and provide an alternate means of security for the 1517 balance of the contract amount that is not covered by the surety 1518 bond. Such alternative means of security may include letters of 1519 credit, United States bonds and notes, parent company 1520 guarantees, and cash collateral. The department may require 1521 alternate means of security if a surety bond is waived. The 1522 surety on such bond shall be a surety company authorized to do 1523 business in the state. All bonds shall be payable to the 1524 department and conditioned for the prompt, faithful, and 1525 efficient performance of the contract according to plans and 1526 specifications and within the time period specified, and for the 1527 prompt payment of all persons defined in s. 713.01 furnishing 1528 labor, material, equipment, and supplies for work provided in 1529 the contract; however, whenever an improvement, demolition, or 1530 removal contract price is $25,000 or less, the security may, in 1531 the discretion of the bidder, be in the form of a cashiers 1532 check, bank money order of any state or national bank, certified 1533 check, or postal money order. The department shall adopt rules 1534 to implement this subsection. Such rules shall include 1535 provisions under which the department shall refuse to accept 1536 bonds on contracts when a surety wrongfully fails or refuses to 1537 settle or provide a defense for claims or actions arising under 1538 a contract for which the surety previously furnished a bond. 1539 Section 28.Subsection (3) of section 337.251, Florida 1540 Statutes, is amended to read: 1541 337.251Lease of property for joint public-private 1542 development and areas above or below department property. 1543 (3)A proposal must be selected by the department based on 1544 competitive bidding, except that the department may consider 1545 other relevant factors specified in the request for proposals. 1546 The department may consider such factors as the value of 1547 property exchanges, the cost of construction, and other 1548 recurring costs for the benefit of the department by the lessee 1549 in lieu of direct revenue to the department if such other 1550 factors are of equal value including innovative proposals to 1551 involve small minority businesses. The department may name a 1552 board of advisers which may be composed of accountants, real 1553 estate appraisers, design engineers, or other experts 1554 experienced in the type of development proposed. The board of 1555 advisers shall review the feasibility of the proposals, 1556 recommend acceptance or rejection of each proposal, and rank 1557 each feasible proposal in the order of technical feasibility and 1558 benefit provided to the department. The board of advisers shall 1559 be reasonably compensated for the services provided and all 1560 department costs for evaluating the proposals shall be 1561 reimbursed from a proposal application fee to be set by the 1562 department and paid by the applicants. The board of advisers 1563 shall not be subject to selection under the provisions of 1564 chapter 287. 1565 Section 29.Subsection (4) of section 337.406, Florida 1566 Statutes, is amended to read: 1567 337.406Unlawful use of state transportation facility 1568 right-of-way; penalties. 1569 (4)(a)Camping is prohibited on any portion of the right 1570 of-way of the State Highway System that is within 100 feet of a 1571 bridge, causeway, overpass, or ramp. 1572 (b)This subsection does not apply to a person who has 1573 acquired the appropriate permits and is actively navigating the 1574 federally designated Florida National Scenic Trail recognized by 1575 the state in s. 260.012(6). 1576 Section 30.Subsection (4) of section 338.227, Florida 1577 Statutes, is amended to read: 1578 338.227Turnpike revenue bonds. 1579 (4)The Department of Transportation and the Department of 1580 Management Services shall create and implement an outreach 1581 program designed to enhance the participation of small minority 1582 persons and minority business enterprises in all contracts 1583 entered into by their respective departments for services 1584 related to the financing of department projects for the 1585 Strategic Intermodal System Plan developed pursuant to s. 1586 339.64. These services shall include, but are not limited to, 1587 bond counsel and bond underwriters. 1588 Section 31.Subsection (6) is added to section 339.08, 1589 Florida Statutes, to read: 1590 339.08Use of moneys in State Transportation Trust Fund. 1591 (6)(a)As used in this subsection, the term energy policy 1592 of the state means the energy policy described in s. 377.601 1593 and includes any intended or actual measure, obligation, target, 1594 or timeframe related to a reduction in carbon dioxide emissions. 1595 (b)The department may not expend any state funds as 1596 described in s. 215.31 to support a project or program of any of 1597 the following entities if such entities adopt or promote energy 1598 policy goals inconsistent with the energy policy of the state: 1599 1.A public transit provider as defined in s. 341.031(1). 1600 2.An authority created pursuant to chapter 343, chapter 1601 348, or chapter 349. 1602 3.A public-use airport as defined in s. 332.004. 1603 4.A port listed in s. 311.09(1). 1604 Section 32.Section 339.0805, Florida Statutes, is 1605 repealed. 1606 Section 33.Paragraph (c) of subsection (6) and paragraph 1607 (h) of subsection (7) of section 339.135, Florida Statutes, are 1608 amended to read: 1609 339.135Work program; legislative budget request; 1610 definitions; preparation, adoption, execution, and amendment. 1611 (6)EXECUTION OF THE BUDGET. 1612 (c)Notwithstanding the provisions of ss. 216.301(2) and 1613 216.351, any unexpended balance remaining at the end of the 1614 fiscal year in the appropriations to the department for special 1615 categories; aid to local governments; lump sums for project 1616 phases which are part of the adopted work program, and for which 1617 contracts have been executed or bids have been let; and for 1618 right-of-way land acquisition and relocation assistance for 1619 parcels from project phases in the adopted work program for 1620 which appraisals have been completed and approved, may be 1621 certified forward as fixed capital outlay at the end of each 1622 fiscal year, to be certified by the head of the state agency on 1623 or before August 1 of each year to the Executive Office of the 1624 Governor, showing in detail the commitment or to whom obligated 1625 and the amount of such commitment or obligation. On or before 1626 September 1 of each year, the Executive Office of the Governor 1627 shall review and approve or disapprove, consistent with 1628 legislative policy and intent, any or all of the items and 1629 amounts certified by the head of the state agency and shall 1630 furnish the Chief Financial Officer, the legislative 1631 appropriations committees, and the Auditor General a detailed 1632 listing of the items and amounts approved as legal encumbrances 1633 against the undisbursed balances of such appropriations. In the 1634 event such certification is not made and the balance of the 1635 appropriation has reverted and the obligation is proven to be 1636 legal, due, and unpaid, then the same must shall be presented to 1637 the Legislature for its consideration. Such certification as 1638 herein required must shall be in the form and on the date 1639 approved by the Executive Office of the Governor. Any project 1640 phases in the adopted work program not certified forward are 1641 shall be available for roll forward for the next fiscal year of 1642 the adopted work program. Spending authority associated with 1643 such project phases may be rolled forward to the next fiscal 1644 year upon approval by the procedures set forth in s. 216.177. 1645 Upon approval, the Executive Office of the Governor shall modify 1646 the original approved operating budget for fixed capital outlay 1647 expenditures Legislative Budget Commission. Increases in 1648 spending authority are shall be limited to amounts of unexpended 1649 balances by appropriation category. Any project phase certified 1650 forward for which bids have been let but subsequently rejected 1651 is shall be available for roll forward in the adopted work 1652 program for the next fiscal year. Spending authority associated 1653 with such project phases may be rolled forward into the current 1654 year from funds certified forward. The amount certified forward 1655 may include contingency allowances for right-of-way acquisition 1656 and relocation, asphalt and petroleum product escalation 1657 clauses, and contract overages, which allowances must shall be 1658 separately identified in the certification detail. Right-of-way 1659 acquisition and relocation and contract overages contingency 1660 allowances must shall be based on documented historical 1661 patterns. These contingency amounts must shall be incorporated 1662 in the certification for each specific category, but when a 1663 category has an excess and another category has a deficiency, 1664 the Executive Office of the Governor is authorized to transfer 1665 the excess to the deficient account. 1666 (7)AMENDMENT OF THE ADOPTED WORK PROGRAM. 1667 (h)1.Any work program amendment that also adds a new 1668 project, or phase thereof, to the adopted work program in excess 1669 of $3 million is subject to approval by the Legislative Budget 1670 Commission. Any work program amendment submitted under this 1671 paragraph must include, as supplemental information, a list of 1672 projects, or phases thereof, in the current 5-year adopted work 1673 program which are eligible for the funds within the 1674 appropriation category being used for the proposed amendment. 1675 The department shall provide a narrative with the rationale for 1676 not advancing an existing project, or phase thereof, in lieu of 1677 the proposed amendment. 1678 2.If the department submits an amendment to the 1679 Legislative Budget Commission and the commission does not meet 1680 or consider the amendment within 30 days after its submittal, 1681 the chair and vice chair of the commission may authorize the 1682 amendment to be approved pursuant to s. 216.177. This 1683 subparagraph expires July 1, 2025. 1684 Section 34.Subsection (3) of section 339.2816, Florida 1685 Statutes, is amended to read: 1686 339.2816Small County Road Assistance Program. 1687 (3)Beginning with fiscal year 2025-2026, up to $50 1999 1688 2000 until fiscal year 2009-2010, and beginning again with 1689 fiscal year 2012-2013, up to $25 million annually from the State 1690 Transportation Trust Fund may be used for the purposes of 1691 funding the Small County Road Assistance Program as described in 1692 this section. 1693 Section 35.Subsections (2), (7), and (8) of section 1694 339.2818, Florida Statutes, are amended to read: 1695 339.2818Small County Outreach Program. 1696 (2)For the purposes of this section, the term small 1697 county means any county that has a population of 200,000 or 1698 less as determined by the most recent official estimate pursuant 1699 to s. 186.901. The term also includes: 1700 (a)A municipality within a rural area of opportunity or a 1701 rural area of opportunity community designated under s. 1702 288.0656(7)(a), which may compete for funding using the criteria 1703 listed in paragraph (4)(c) at up to 100 percent of project 1704 costs, excluding capacity improvement projects; and 1705 (b)A local government either wholly or partially within 1706 the Everglades Agricultural Area as defined in s. 373.4592(15), 1707 the Peace River Basin, or the Suwannee River Basin, which may 1708 compete for funding using the criteria listed in paragraph 1709 (4)(c) at up to 100 percent of project costs on state or county 1710 roads used primarily as farm-to-market connections between rural 1711 agricultural areas and market distribution centers, excluding 1712 capacity improvement projects. 1713 (7)Beginning with the 2025-2026 fiscal year, at least $50 1714 million annually from the State Transportation Trust Fund may be 1715 used for the purposes of funding the Small County Outreach 1716 Program Subject to a specific appropriation in addition to funds 1717 annually appropriated for projects under this section, a 1718 municipality within a rural area of opportunity or a rural area 1719 of opportunity community designated under s. 288.0656(7)(a) may 1720 compete for the additional project funding using the criteria 1721 listed in subsection (4) at up to 100 percent of project costs, 1722 excluding capacity improvement projects. 1723 (8)Subject to a specific appropriation in addition to 1724 funds appropriated for projects under this section, a local 1725 government either wholly or partially within the Everglades 1726 Agricultural Area as defined in s. 373.4592(15), the Peace River 1727 Basin, or the Suwannee River Basin may compete for additional 1728 funding using the criteria listed in paragraph (4)(c) at up to 1729 100 percent of project costs on state or county roads used 1730 primarily as farm-to-market connections between rural 1731 agricultural areas and market distribution centers, excluding 1732 capacity improvement projects. 1733 Section 36.Paragraph (b) of subsection (3) and paragraph 1734 (c) of subsection (4) of section 339.2821, Florida Statutes, are 1735 amended to read: 1736 339.2821Economic development transportation projects. 1737 (3) 1738 (b)The department must ensure that it is supportive of 1739 small businesses as defined in s. 337.027(2) small and minority 1740 businesses have equal access to participate in transportation 1741 projects funded pursuant to this section. 1742 (4)A contract between the department and a governmental 1743 body for a transportation project must: 1744 (c)Require that the governmental body provide the 1745 department with progress reports. Each progress report must 1746 contain: 1747 1.A narrative description of the work completed and 1748 whether the work is proceeding according to the transportation 1749 project schedule; 1750 2.A description of each change order executed by the 1751 governmental body; 1752 3.A budget summary detailing planned expenditures compared 1753 to actual expenditures; and 1754 4.The identity of each small or minority business used as 1755 a contractor or subcontractor. 1756 Section 37.Section 339.287, Florida Statutes, is repealed. 1757 Section 38.Paragraph (c) of subsection (2) of section 1758 339.55, Florida Statutes, is amended to read: 1759 339.55State-funded infrastructure bank. 1760 (2)The bank may lend capital costs or provide credit 1761 enhancements for: 1762 (c)1.Emergency loans for damages incurred to public-use 1763 commercial deepwater seaports, public-use airports, and other 1764 public-use transit and intermodal facilities that are within an 1765 area that is part of an official state declaration of emergency 1766 pursuant to chapter 252 and all other applicable laws. Such 1767 loans: 1768 a.May not exceed 24 months in duration except in extreme 1769 circumstances, for which the Secretary of Transportation may 1770 grant up to 36 months upon making written findings specifying 1771 the conditions requiring a 36-month term. 1772 b.Require application from the recipient to the department 1773 that includes documentation of damage claims filed with the 1774 Federal Emergency Management Agency or an applicable insurance 1775 carrier and documentation of the recipients overall financial 1776 condition. 1777 c.Are subject to approval by the Secretary of 1778 Transportation and the Legislative Budget Commission. 1779 2.Loans provided under this paragraph must be repaid upon 1780 receipt by the recipient of eligible program funding for damages 1781 in accordance with the claims filed with the Federal Emergency 1782 Management Agency or an applicable insurance carrier, but no 1783 later than the duration of the loan. 1784 Section 39.Subsections (3) and (7) of section 339.651, 1785 Florida Statutes, are amended to read: 1786 339.651Strategic Intermodal System supply chain demands. 1787 (3)The department may shall make up to $20 million 1788 available each year for fiscal years 2023-2024 through 2027 1789 2028, from existing work program revenues, to fund projects that 1790 meet the public purpose of providing increased capacity and 1791 enhanced capabilities to move and store construction aggregate 1792 and transportation infrastructure-related materials. Applicants 1793 eligible for project funding under this section are seaports 1794 listed in s. 311.09 and rail lines and rail facilities. 1795 (7)This section shall stand repealed on July 1, 2028. 1796 Section 40.Paragraph (b) of subsection (6) of section 1797 341.051, Florida Statutes, is amended to read: 1798 341.051Administration and financing of public transit and 1799 intercity bus service programs and projects. 1800 (6)ANNUAL APPROPRIATION. 1801 (b)If funds are allocated to projects that qualify for the 1802 New Starts Transit Program in the current fiscal year and a 1803 project will not be ready for production by June 30, those funds 1804 must The remaining unallocated New Starts Transit Program funds 1805 as of June 30, 2024, shall be reallocated for the purpose of the 1806 Strategic Intermodal System within the State Transportation 1807 Trust Fund for the next fiscal year. This paragraph expires June 1808 30, 2026. 1809 1810 For purposes of this section, the term net operating costs 1811 means all operating costs of a project less any federal funds, 1812 fares, or other sources of income to the project. 1813 Section 41.Subsection (5) of section 348.754, Florida 1814 Statutes, is amended to read: 1815 348.754Purposes and powers. 1816 (5)The authority shall encourage the inclusion of local 1817 and small local-, small-, minority-, and women-owned businesses 1818 in its procurement and contracting opportunities. 1819 Section 42.Subsection (2) of section 349.03, Florida 1820 Statutes, is amended, and subsections (4) and (5) are added to 1821 that section, to read: 1822 349.03Jacksonville Transportation Authority. 1823 (2)The governing body of the authority shall be composed 1824 consist of seven members. Four Three members, one of whom is a 1825 resident of the City of Jacksonville and three of whom are 1826 residents of Clay County, Duval County, or St. Johns County, 1827 shall be appointed by the Governor and confirmed by the Senate. 1828 Three members shall be appointed by the mayor of the City of 1829 Jacksonville subject to confirmation by the council of the City 1830 of Jacksonville. The seventh member shall be the district 1831 secretary of the Department of Transportation serving in the 1832 district that contains the City of Jacksonville. Except for the 1833 seventh member, Members appointed by the mayor of the City of 1834 Jacksonville must shall be residents and qualified electors of 1835 Duval County. 1836 (4)The authority shall follow the business development 1837 program established by the department pursuant to s. 337.027. 1838 (5)The authority shall establish protocols and systems in 1839 accordance with the requirements of ss. 112.061(16) and 1840 215.985(6) and (14) and post all related information on the 1841 authoritys publicly accessible website. 1842 Section 43.Paragraphs (j) and (m) of subsection (2) of 1843 section 110.205, Florida Statutes, are amended to read: 1844 110.205Career service; exemptions. 1845 (2)EXEMPT POSITIONS.The exempt positions that are not 1846 covered by this part include the following: 1847 (j)The appointed secretaries and the State Surgeon 1848 General, assistant secretaries, deputy secretaries, and deputy 1849 assistant secretaries of all departments; the executive 1850 directors, assistant executive directors, deputy executive 1851 directors, and deputy assistant executive directors of all 1852 departments; the directors of all divisions and those positions 1853 determined by the department to have managerial responsibilities 1854 comparable to such positions, which positions include, but are 1855 not limited to, program directors, assistant program directors, 1856 district administrators, deputy district administrators, the 1857 Director of Central Operations Services of the Department of 1858 Children and Families, the State Transportation Development 1859 Administrator, the State Public Transportation and Modal 1860 Administrator, district secretaries, district directors of 1861 transportation development, transportation operations, 1862 transportation support, and the managers of the offices of the 1863 Department of Transportation specified in s. 20.23(4)(b) s. 1864 20.23(3)(b). Unless otherwise fixed by law, the department shall 1865 set the salary and benefits of these positions and the positions 1866 of county health department directors and county health 1867 department administrators of the Department of Health in 1868 accordance with the rules of the Senior Management Service. 1869 (m)All assistant division director, deputy division 1870 director, and bureau chief positions in any department, and 1871 those positions determined by the department to have managerial 1872 responsibilities comparable to such positions, which include, 1873 but are not limited to: 1874 1.Positions in the Department of Health and the Department 1875 of Children and Families which are assigned primary duties of 1876 serving as the superintendent or assistant superintendent of an 1877 institution. 1878 2.Positions in the Department of Corrections which are 1879 assigned primary duties of serving as the warden, assistant 1880 warden, colonel, or major of an institution or that are assigned 1881 primary duties of serving as the circuit administrator or deputy 1882 circuit administrator. 1883 3.Positions in the Department of Transportation which are 1884 assigned primary duties of serving as regional toll managers and 1885 managers of offices, as specified in s. 20.23(4)(b) and (5)(c) 1886 s. 20.23(3)(b) and (4)(c). 1887 4.Positions in the Department of Environmental Protection 1888 which are assigned the duty of an Environmental Administrator or 1889 program administrator. 1890 5.Positions in the Department of Health which are assigned 1891 the duties of Environmental Administrator, Assistant County 1892 Health Department Director, and County Health Department 1893 Financial Administrator. 1894 6.Positions in the Department of Highway Safety and Motor 1895 Vehicles which are assigned primary duties of serving as 1896 captains in the Florida Highway Patrol. 1897 1898 Unless otherwise fixed by law, the department shall set the 1899 salary and benefits of the positions listed in this paragraph in 1900 accordance with the rules established for the Selected Exempt 1901 Service. 1902 Section 44.Paragraph (d) of subsection (3) of section 1903 322.27, Florida Statutes, is amended to read: 1904 322.27Authority of department to suspend or revoke driver 1905 license or identification card. 1906 (3)There is established a point system for evaluation of 1907 convictions of violations of motor vehicle laws or ordinances, 1908 and violations of applicable provisions of s. 403.413(6)(b) when 1909 such violations involve the use of motor vehicles, for the 1910 determination of the continuing qualification of any person to 1911 operate a motor vehicle. The department is authorized to suspend 1912 the license of any person upon showing of its records or other 1913 good and sufficient evidence that the licensee has been 1914 convicted of violation of motor vehicle laws or ordinances, or 1915 applicable provisions of s. 403.413(6)(b), amounting to 12 or 1916 more points as determined by the point system. The suspension 1917 shall be for a period of not more than 1 year. 1918 (d)The point system shall have as its basic element a 1919 graduated scale of points assigning relative values to 1920 convictions of the following violations: 1921 1.Reckless driving, willful and wanton4 points. 1922 2.Leaving the scene of a crash resulting in property 1923 damage of more than $506 points. 1924 3.Unlawful speed, or unlawful use of a wireless 1925 communications device, resulting in a crash6 points. 1926 4.Passing a stopped school bus: 1927 a.Not causing or resulting in serious bodily injury to or 1928 death of another4 points. 1929 b.Causing or resulting in serious bodily injury to or 1930 death of another6 points. 1931 c.Points may not be imposed for a violation of passing a 1932 stopped school bus as provided in s. 316.172(1)(a) or (b) when 1933 enforced by a school bus infraction detection system pursuant to 1934 s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b) 1935 when enforced by a school bus infraction detection system 1936 pursuant to s. 316.173 may not be used for purposes of setting 1937 motor vehicle insurance rates. 1938 5.Unlawful speed: 1939 a.Not in excess of 15 miles per hour of lawful or posted 1940 speed3 points. 1941 b.In excess of 15 miles per hour of lawful or posted 1942 speed4 points. 1943 c.Points may not be imposed for a violation of unlawful 1944 speed as provided in s. 316.1895 or s. 316.183 when enforced by 1945 a traffic infraction enforcement officer pursuant to s. 1946 316.1896. In addition, a violation of s. 316.1895 or s. 316.183 1947 when enforced by a traffic infraction enforcement officer 1948 pursuant to s. 316.1896 may not be used for purposes of setting 1949 motor vehicle insurance rates. 1950 6.A violation of a traffic control signal device as 1951 provided in s. 316.074(1) or s. 316.075(1)(c)1.4 points. 1952 However, points may not be imposed for a violation of s. 1953 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 1954 stop at a traffic signal and when enforced by a traffic 1955 infraction enforcement officer. In addition, a violation of s. 1956 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 1957 stop at a traffic signal and when enforced by a traffic 1958 infraction enforcement officer may not be used for purposes of 1959 setting motor vehicle insurance rates. 1960 7.Unlawfully driving a vehicle through a railroad-highway 1961 grade crossing6 points. 1962 8.All other moving violations (including parking on a 1963 highway outside the limits of a municipality)3 points. However, 1964 points may not be imposed for a violation of s. 316.0741 or s. 1965 316.2065(11); and points may be imposed for a violation of s. 1966 316.1001 only when imposed by the court after a hearing pursuant 1967 to s. 318.14(5). 1968 9.Any moving violation covered in this paragraph, 1969 excluding unlawful speed and unlawful use of a wireless 1970 communications device, resulting in a crash4 points. 1971 10.Any conviction under s. 403.413(6)(b)3 points. 1972 11.Any conviction under s. 316.0775(2)4 points. 1973 12.A moving violation covered in this paragraph which is 1974 committed in conjunction with the unlawful use of a wireless 1975 communications device within a school safety zone2 points, in 1976 addition to the points assigned for the moving violation. 1977 Section 45.Subsection (13) of section 365.172, Florida 1978 Statutes, is amended to read: 1979 365.172Emergency communications. 1980 (13)FACILITATING EMERGENCY COMMUNICATIONS SERVICE 1981 IMPLEMENTATION.To balance the public need for reliable 1982 emergency communications services through reliable wireless 1983 systems and the public interest served by governmental zoning 1984 and land development regulations and notwithstanding any other 1985 law or local ordinance to the contrary, the following standards 1986 shall apply to a local governments actions, as a regulatory 1987 body, in the regulation of the placement, construction, or 1988 modification of a wireless communications facility. This 1989 subsection may not, however, be construed to waive or alter the 1990 provisions of s. 286.011 or s. 286.0115. For the purposes of 1991 this subsection only, local government shall mean any 1992 municipality or county and any agency of a municipality or 1993 county only. The term local government does not, however, 1994 include any airport, as defined in s. 330.27 by s. 330.27(2), 1995 even if it is owned or controlled by or through a municipality, 1996 county, or agency of a municipality or county. Further, 1997 notwithstanding anything in this section to the contrary, this 1998 subsection does not apply to or control a local governments 1999 actions as a property or structure owner in the use of any 2000 property or structure owned by such entity for the placement, 2001 construction, or modification of wireless communications 2002 facilities. In the use of property or structures owned by the 2003 local government, however, a local government may not use its 2004 regulatory authority so as to avoid compliance with, or in a 2005 manner that does not advance, the provisions of this subsection. 2006 (a)Colocation among wireless providers is encouraged by 2007 the state. 2008 1.a.Colocations on towers, including nonconforming towers, 2009 that meet the requirements in sub-sub-subparagraphs (I), (II), 2010 and (III), are subject to only building permit review, which may 2011 include a review for compliance with this subparagraph. Such 2012 colocations are not subject to any design or placement 2013 requirements of the local governments land development 2014 regulations in effect at the time of the colocation that are 2015 more restrictive than those in effect at the time of the initial 2016 antennae placement approval, to any other portion of the land 2017 development regulations, or to public hearing review. This sub 2018 subparagraph may not preclude a public hearing for any appeal of 2019 the decision on the colocation application. 2020 (I)The colocation does not increase the height of the 2021 tower to which the antennae are to be attached, measured to the 2022 highest point of any part of the tower or any existing antenna 2023 attached to the tower; 2024 (II)The colocation does not increase the ground space 2025 area, commonly known as the compound, approved in the site plan 2026 for equipment enclosures and ancillary facilities; and 2027 (III)The colocation consists of antennae, equipment 2028 enclosures, and ancillary facilities that are of a design and 2029 configuration consistent with all applicable regulations, 2030 restrictions, or conditions, if any, applied to the initial 2031 antennae placed on the tower and to its accompanying equipment 2032 enclosures and ancillary facilities and, if applicable, applied 2033 to the tower supporting the antennae. Such regulations may 2034 include the design and aesthetic requirements, but not 2035 procedural requirements, other than those authorized by this 2036 section, of the local governments land development regulations 2037 in effect at the time the initial antennae placement was 2038 approved. 2039 b.Except for a historic building, structure, site, object, 2040 or district, or a tower included in sub-subparagraph a., 2041 colocations on all other existing structures that meet the 2042 requirements in sub-sub-subparagraphs (I)-(IV) shall be subject 2043 to no more than building permit review, and an administrative 2044 review for compliance with this subparagraph. Such colocations 2045 are not subject to any portion of the local governments land 2046 development regulations not addressed herein, or to public 2047 hearing review. This sub-subparagraph may not preclude a public 2048 hearing for any appeal of the decision on the colocation 2049 application. 2050 (I)The colocation does not increase the height of the 2051 existing structure to which the antennae are to be attached, 2052 measured to the highest point of any part of the structure or 2053 any existing antenna attached to the structure; 2054 (II)The colocation does not increase the ground space 2055 area, otherwise known as the compound, if any, approved in the 2056 site plan for equipment enclosures and ancillary facilities; 2057 (III)The colocation consists of antennae, equipment 2058 enclosures, and ancillary facilities that are of a design and 2059 configuration consistent with any applicable structural or 2060 aesthetic design requirements and any requirements for location 2061 on the structure, but not prohibitions or restrictions on the 2062 placement of additional colocations on the existing structure or 2063 procedural requirements, other than those authorized by this 2064 section, of the local governments land development regulations 2065 in effect at the time of the colocation application; and 2066 (IV)The colocation consists of antennae, equipment 2067 enclosures, and ancillary facilities that are of a design and 2068 configuration consistent with all applicable restrictions or 2069 conditions, if any, that do not conflict with sub-sub 2070 subparagraph (III) and were applied to the initial antennae 2071 placed on the structure and to its accompanying equipment 2072 enclosures and ancillary facilities and, if applicable, applied 2073 to the structure supporting the antennae. 2074 c.Regulations, restrictions, conditions, or permits of the 2075 local government, acting in its regulatory capacity, that limit 2076 the number of colocations or require review processes 2077 inconsistent with this subsection do not apply to colocations 2078 addressed in this subparagraph. 2079 d.If only a portion of the colocation does not meet the 2080 requirements of this subparagraph, such as an increase in the 2081 height of the proposed antennae over the existing structure 2082 height or a proposal to expand the ground space approved in the 2083 site plan for the equipment enclosure, where all other portions 2084 of the colocation meet the requirements of this subparagraph, 2085 that portion of the colocation only may be reviewed under the 2086 local governments regulations applicable to an initial 2087 placement of that portion of the facility, including, but not 2088 limited to, its land development regulations, and within the 2089 review timeframes of subparagraph (d)2., and the rest of the 2090 colocation shall be reviewed in accordance with this 2091 subparagraph. A colocation proposal under this subparagraph that 2092 increases the ground space area, otherwise known as the 2093 compound, approved in the original site plan for equipment 2094 enclosures and ancillary facilities by no more than a cumulative 2095 amount of 400 square feet or 50 percent of the original compound 2096 size, whichever is greater, shall, however, require no more than 2097 administrative review for compliance with the local governments 2098 regulations, including, but not limited to, land development 2099 regulations review, and building permit review, with no public 2100 hearing review. This sub-subparagraph does not preclude a public 2101 hearing for any appeal of the decision on the colocation 2102 application. 2103 2.If a colocation does not meet the requirements of 2104 subparagraph 1., the local government may review the application 2105 under the local governments regulations, including, but not 2106 limited to, land development regulations, applicable to the 2107 placement of initial antennae and their accompanying equipment 2108 enclosure and ancillary facilities. 2109 3.If a colocation meets the requirements of subparagraph 2110 1., the colocation may not be considered a modification to an 2111 existing structure or an impermissible modification of a 2112 nonconforming structure. 2113 4.The owner of the existing tower on which the proposed 2114 antennae are to be colocated shall remain responsible for 2115 compliance with any applicable condition or requirement of a 2116 permit or agreement, or any applicable condition or requirement 2117 of the land development regulations to which the existing tower 2118 had to comply at the time the tower was permitted, including any 2119 aesthetic requirements, provided the condition or requirement is 2120 not inconsistent with this paragraph. 2121 5.An existing tower, including a nonconforming tower, may 2122 be structurally modified in order to permit colocation or may be 2123 replaced through no more than administrative review and building 2124 permit review, and is not subject to public hearing review, if 2125 the overall height of the tower is not increased and, if a 2126 replacement, the replacement tower is a monopole tower or, if 2127 the existing tower is a camouflaged tower, the replacement tower 2128 is a like-camouflaged tower. This subparagraph may not preclude 2129 a public hearing for any appeal of the decision on the 2130 application. 2131 (b)1.A local governments land development and 2132 construction regulations for wireless communications facilities 2133 and the local governments review of an application for the 2134 placement, construction, or modification of a wireless 2135 communications facility shall only address land development or 2136 zoning issues. In such local government regulations or review, 2137 the local government may not require information on or evaluate 2138 a wireless providers business decisions about its service, 2139 customer demand for its service, or quality of its service to or 2140 from a particular area or site, unless the wireless provider 2141 voluntarily offers this information to the local government. In 2142 such local government regulations or review, a local government 2143 may not require information on or evaluate the wireless 2144 providers designed service unless the information or materials 2145 are directly related to an identified land development or zoning 2146 issue or unless the wireless provider voluntarily offers the 2147 information. Information or materials directly related to an 2148 identified land development or zoning issue may include, but are 2149 not limited to, evidence that no existing structure can 2150 reasonably be used for the antennae placement instead of the 2151 construction of a new tower, that residential areas cannot be 2152 served from outside the residential area, as addressed in 2153 subparagraph 3., or that the proposed height of a new tower or 2154 initial antennae placement or a proposed height increase of a 2155 modified tower, replacement tower, or colocation is necessary to 2156 provide the providers designed service. Nothing in this 2157 paragraph shall limit the local government from reviewing any 2158 applicable land development or zoning issue addressed in its 2159 adopted regulations that does not conflict with this section, 2160 including, but not limited to, aesthetics, landscaping, land 2161 use-based location priorities, structural design, and setbacks. 2162 2.Any setback or distance separation required of a tower 2163 may not exceed the minimum distance necessary, as determined by 2164 the local government, to satisfy the structural safety or 2165 aesthetic concerns that are to be protected by the setback or 2166 distance separation. 2167 3.A local government may exclude the placement of wireless 2168 communications facilities in a residential area or residential 2169 zoning district but only in a manner that does not constitute an 2170 actual or effective prohibition of the providers service in 2171 that residential area or zoning district. If a wireless provider 2172 demonstrates to the satisfaction of the local government that 2173 the provider cannot reasonably provide its service to the 2174 residential area or zone from outside the residential area or 2175 zone, the municipality or county and provider shall cooperate to 2176 determine an appropriate location for a wireless communications 2177 facility of an appropriate design within the residential area or 2178 zone. The local government may require that the wireless 2179 provider reimburse the reasonable costs incurred by the local 2180 government for this cooperative determination. An application 2181 for such cooperative determination may not be considered an 2182 application under paragraph (d). 2183 4.A local government may impose a reasonable fee on 2184 applications to place, construct, or modify a wireless 2185 communications facility only if a similar fee is imposed on 2186 applicants seeking other similar types of zoning, land use, or 2187 building permit review. A local government may impose fees for 2188 the review of applications for wireless communications 2189 facilities by consultants or experts who conduct code compliance 2190 review for the local government but any fee is limited to 2191 specifically identified reasonable expenses incurred in the 2192 review. A local government may impose reasonable surety 2193 requirements to ensure the removal of wireless communications 2194 facilities that are no longer being used. 2195 5.A local government may impose design requirements, such 2196 as requirements for designing towers to support colocation or 2197 aesthetic requirements, except as otherwise limited in this 2198 section, but may not impose or require information on compliance 2199 with building code type standards for the construction or 2200 modification of wireless communications facilities beyond those 2201 adopted by the local government under chapter 553 and that apply 2202 to all similar types of construction. 2203 (c)Local governments may not require wireless providers to 2204 provide evidence of a wireless communications facilitys 2205 compliance with federal regulations, except evidence of 2206 compliance with applicable Federal Aviation Administration 2207 requirements under 14 C.F.R. part 77, as amended, and evidence 2208 of proper Federal Communications Commission licensure, or other 2209 evidence of Federal Communications Commission authorized 2210 spectrum use, but may request the Federal Communications 2211 Commission to provide information as to a wireless providers 2212 compliance with federal regulations, as authorized by federal 2213 law. 2214 (d)1.A local government shall grant or deny each properly 2215 completed application for a colocation under subparagraph (a)1. 2216 based on the applications compliance with the local 2217 governments applicable regulations, as provided for in 2218 subparagraph (a)1. and consistent with this subsection, and 2219 within the normal timeframe for a similar building permit review 2220 but in no case later than 45 business days after the date the 2221 application is determined to be properly completed in accordance 2222 with this paragraph. 2223 2.A local government shall grant or deny each properly 2224 completed application for any other wireless communications 2225 facility based on the applications compliance with the local 2226 governments applicable regulations, including but not limited 2227 to land development regulations, consistent with this subsection 2228 and within the normal timeframe for a similar type review but in 2229 no case later than 90 business days after the date the 2230 application is determined to be properly completed in accordance 2231 with this paragraph. 2232 3.a.An application is deemed submitted or resubmitted on 2233 the date the application is received by the local government. If 2234 the local government does not notify the applicant in writing 2235 that the application is not completed in compliance with the 2236 local governments regulations within 20 business days after the 2237 date the application is initially submitted or additional 2238 information resubmitted, the application is deemed, for 2239 administrative purposes only, to be properly completed and 2240 properly submitted. However, the determination may not be deemed 2241 as an approval of the application. If the application is not 2242 completed in compliance with the local governments regulations, 2243 the local government shall so notify the applicant in writing 2244 and the notification must indicate with specificity any 2245 deficiencies in the required documents or deficiencies in the 2246 content of the required documents which, if cured, make the 2247 application properly completed. Upon resubmission of information 2248 to cure the stated deficiencies, the local government shall 2249 notify the applicant, in writing, within the normal timeframes 2250 of review, but in no case longer than 20 business days after the 2251 additional information is submitted, of any remaining 2252 deficiencies that must be cured. Deficiencies in document type 2253 or content not specified by the local government do not make the 2254 application incomplete. Notwithstanding this sub-subparagraph, 2255 if a specified deficiency is not properly cured when the 2256 applicant resubmits its application to comply with the notice of 2257 deficiencies, the local government may continue to request the 2258 information until such time as the specified deficiency is 2259 cured. The local government may establish reasonable timeframes 2260 within which the required information to cure the application 2261 deficiency is to be provided or the application will be 2262 considered withdrawn or closed. 2263 b.If the local government fails to grant or deny a 2264 properly completed application for a wireless communications 2265 facility within the timeframes set forth in this paragraph, the 2266 application shall be deemed automatically approved and the 2267 applicant may proceed with placement of the facilities without 2268 interference or penalty. The timeframes specified in 2269 subparagraph 2. may be extended only to the extent that the 2270 application has not been granted or denied because the local 2271 governments procedures generally applicable to all other 2272 similar types of applications require action by the governing 2273 body and such action has not taken place within the timeframes 2274 specified in subparagraph 2. Under such circumstances, the local 2275 government must act to either grant or deny the application at 2276 its next regularly scheduled meeting or, otherwise, the 2277 application is deemed to be automatically approved. 2278 c.To be effective, a waiver of the timeframes set forth in 2279 this paragraph must be voluntarily agreed to by the applicant 2280 and the local government. A local government may request, but 2281 not require, a waiver of the timeframes by the applicant, except 2282 that, with respect to a specific application, a one-time waiver 2283 may be required in the case of a declared local, state, or 2284 federal emergency that directly affects the administration of 2285 all permitting activities of the local government. 2286 (e)The replacement of or modification to a wireless 2287 communications facility, except a tower, that results in a 2288 wireless communications facility not readily discernibly 2289 different in size, type, and appearance when viewed from ground 2290 level from surrounding properties, and the replacement or 2291 modification of equipment that is not visible from surrounding 2292 properties, all as reasonably determined by the local 2293 government, are subject to no more than applicable building 2294 permit review. 2295 (f)Any other law to the contrary notwithstanding, the 2296 Department of Management Services shall negotiate, in the name 2297 of the state, leases for wireless communications facilities that 2298 provide access to state government-owned property not acquired 2299 for transportation purposes, and the Department of 2300 Transportation shall negotiate, in the name of the state, leases 2301 for wireless communications facilities that provide access to 2302 property acquired for state rights-of-way. On property acquired 2303 for transportation purposes, leases shall be granted in 2304 accordance with s. 337.251. On other state government-owned 2305 property, leases shall be granted on a space available, first 2306 come, first-served basis. Payments required by state government 2307 under a lease must be reasonable and must reflect the market 2308 rate for the use of the state government-owned property. The 2309 Department of Management Services and the Department of 2310 Transportation are authorized to adopt rules for the terms and 2311 conditions and granting of any such leases. 2312 (g)If any person adversely affected by any action, or 2313 failure to act, or regulation, or requirement of a local 2314 government in the review or regulation of the wireless 2315 communication facilities files an appeal or brings an 2316 appropriate action in a court or venue of competent 2317 jurisdiction, following the exhaustion of all administrative 2318 remedies, the matter shall be considered on an expedited basis. 2319 Section 46.Subsection (2) of section 379.2293, Florida 2320 Statutes, is amended to read: 2321 379.2293Airport activities within the scope of a federally 2322 approved wildlife hazard management plan or a federal or state 2323 permit or other authorization for depredation or harassment. 2324 (2)An airport authority or other entity owning or 2325 operating an airport, as defined in s. 330.27 s. 330.27(2), is 2326 not subject to any administrative or civil penalty, restriction, 2327 or other sanction with respect to any authorized action taken in 2328 a non-negligent manner for the purpose of protecting human life 2329 or aircraft safety from wildlife hazards. 2330 Section 47.Subsection (22) of section 493.6101, Florida 2331 Statutes, is amended to read: 2332 493.6101Definitions. 2333 (22)Repossession means the recovery of a motor vehicle 2334 as defined under s. 320.01(1), a mobile home as defined in s. 2335 320.01(2), a motorboat as defined under s. 327.02, an aircraft 2336 as defined in s. 330.27 s. 330.27(1), a personal watercraft as 2337 defined in s. 327.02, an all-terrain vehicle as defined in s. 2338 316.2074, farm equipment as defined under s. 686.402, or 2339 industrial equipment, by an individual who is authorized by the 2340 legal owner, lienholder, or lessor to recover, or to collect 2341 money payment in lieu of recovery of, that which has been sold 2342 or leased under a security agreement that contains a 2343 repossession clause. As used in this subsection, the term 2344 industrial equipment includes, but is not limited to, 2345 tractors, road rollers, cranes, forklifts, backhoes, and 2346 bulldozers. The term industrial equipment also includes other 2347 vehicles that are propelled by power other than muscular power 2348 and that are used in the manufacture of goods or used in the 2349 provision of services. A repossession is complete when a 2350 licensed recovery agent is in control, custody, and possession 2351 of such repossessed property. Property that is being repossessed 2352 shall be considered to be in the control, custody, and 2353 possession of a recovery agent if the property being repossessed 2354 is secured in preparation for transport from the site of the 2355 recovery by means of being attached to or placed on the towing 2356 or other transport vehicle or if the property being repossessed 2357 is being operated or about to be operated by an employee of the 2358 recovery agency. 2359 Section 48.Paragraph (c) of subsection (1) of section 2360 493.6403, Florida Statutes, is amended to read: 2361 493.6403License requirements. 2362 (1)In addition to the license requirements set forth in 2363 this chapter, each individual or agency shall comply with the 2364 following additional requirements: 2365 (c)An applicant for a Class E license shall have at 2366 least 1 year of lawfully gained, verifiable, full-time 2367 experience in one, or a combination of more than one, of the 2368 following: 2369 1.Repossession of motor vehicles as defined in s. 2370 320.01(1), mobile homes as defined in s. 320.01(2), motorboats 2371 as defined in s. 327.02, aircraft as defined in s. 330.27 s. 2372 330.27(1), personal watercraft as defined in s. 327.02, all 2373 terrain vehicles as defined in s. 316.2074, farm equipment as 2374 defined under s. 686.402, or industrial equipment as defined in 2375 s. 493.6101(22). 2376 2.Work as a Class EE licensed intern. 2377 Section 49.This act shall take effect July 1, 2025.