Florida Senate - 2025 CS for SB 1662 By the Committee on Transportation; and Senator Collins 596-02864-25 20251662c1 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; requiring the commission to 13 monitor transit entities that receive certain funding; 14 requiring members of the commission to follow certain 15 standards of conduct; providing legislative findings 16 and intent; creating the Florida Transportation 17 Research Institute; specifying the purpose of the 18 institute; requiring the institute to report to the 19 department; providing for membership of the institute; 20 requiring the department to select a member to serve 21 as the administrative lead of the institute; requiring 22 the Secretary of Transportation to appoint a 23 representative of the department to serve as the 24 executive director of the institute; requiring the 25 department to coordinate with the members of the 26 institute to adopt certain policies; authorizing the 27 institute to award certain grants; authorizing the 28 department to allocate funds to the institute from the 29 State Transportation Trust Fund; authorizing the 30 institute to expend funds for certain operations and 31 programs; requiring the institute to submit an annual 32 report to the Secretary of Transportation and the 33 commission; revising the departments areas of program 34 responsibility; amending s. 311.07, F.S.; providing 35 that certain spaceport and space industry-related 36 facility projects and commercial shipbuilding and 37 manufacturing facility projects are eligible for grant 38 funding under the Florida Seaport Transportation and 39 Economic Development Program; amending s. 311.09, 40 F.S.; revising the purpose of the Florida Seaport 41 Transportation and Economic Development Council; 42 requiring the department to provide administrative 43 support to the council on certain matters; requiring 44 that the Florida Seaport Mission Plan include certain 45 recommendations; requiring each port member of the 46 council to submit a certain semiannual report to the 47 department; amending s. 311.10, F.S.; requiring 48 seaports located in a specified county to include 49 certain statements in any agreement with the 50 department as a condition of receiving certain grants; 51 defining the term cargo purposes; repealing s. 52 316.0741, F.S., relating to high-occupancy-vehicle 53 lanes; amending s. 316.0745, F.S.; deleting language 54 limiting the state funds that may be withheld due to 55 certain violations by a public body or official to 56 state funds for traffic control purposes; providing 57 that such violations are cause for the withholding of 58 state funds deposited in the State Transportation 59 Trust Fund; amending s. 330.27, F.S.; revising 60 definitions and defining terms; amending s. 330.30, 61 F.S.; requiring a private airport of public interest 62 to obtain a certain certificate from the department 63 before allowing aircraft operations; requiring certain 64 private airports to obtain a certain certificate from 65 the department by a specified date; amending s. 66 331.371, F.S.; authorizing the department, in 67 consultation with the Department of Commerce and the 68 Department of Environmental Protection, to fund 69 certain infrastructure projects and projects 70 associated with certain critical infrastructure 71 projects; requiring such departments to coordinate in 72 funding certain projects for a specified purpose; 73 amending s. 332.003, F.S.; revising a short title; 74 amending s. 332.005, F.S.; requiring airports to 75 provide the Department of Transportation with the 76 opportunity to use certain airport property for a 77 specified purpose during a declared state of 78 emergency; requiring that such use be conducted 79 pursuant to a written agreement after a certain period 80 of use; amending s. 332.006, F.S.; deleting a 81 requirement that the department meet certain duties 82 and responsibilities within the resources provided 83 pursuant to a specified chapter; providing duties and 84 responsibilities of the department relating to certain 85 educational services, inspections of certain 86 commercial airport facilities, and agreements with 87 other state regulatory agencies; amending s. 332.007, 88 F.S.; requiring the department to require annual 89 comprehensive maintenance program reports from airport 90 sponsors; providing requirements for such reports; 91 defining the term maintenance; authorizing the 92 department to withhold certain state funds under 93 certain circumstances; revising the list of projects 94 for which the department must provide priority 95 funding; authorizing the department to fund eligible 96 projects performed by certain organizations and 97 postsecondary education institutions; providing that 98 certain programs are eligible projects; authorizing 99 the department to provide certain matching funds; 100 revising the circumstances in which the department may 101 fund strategic airport investment projects; amending 102 s. 332.0075, F.S.; revising definitions; requiring 103 that certain information remain posted on a governing 104 bodys website for a certain period; revising the 105 information that must be included on such website; 106 requiring the quarterly, rather than annual, update of 107 certain information; revising information that the 108 governing body of a commercial service airport must 109 submit to the department annually; requiring a 110 commercial service airport to provide certain 111 notifications to the department; creating s. 332.15, 112 F.S.; requiring the department to address certain 113 needs in the statewide aviation system plan and the 114 departments work program, designate a certain subject 115 matter expert, conduct a specified review, and, in 116 coordination with the Department of Commerce, provide 117 certain coordination and assistance for the 118 development of a viable advanced air mobility system 119 plan; amending s. 334.044, F.S.; revising the powers 120 and duties of the department; amending s. 334.045, 121 F.S.; requiring certain measures developed and adopted 122 by the Florida Transportation Commission to assess 123 performance in a specified business development 124 program, instead of disadvantaged business enterprise 125 and minority business programs; creating s. 334.62, 126 F.S.; providing legislative findings; establishing the 127 Florida Transportation Academy within the department; 128 authorizing the department to coordinate with certain 129 entities for specified purposes; amending s. 335.182, 130 F.S.; defining the term modification of an existing 131 connection; revising the definition of the term 132 significant change; amending s. 335.187, F.S.; 133 authorizing the department to modify or revoke certain 134 access permits by requiring modification of an 135 existing connection in certain circumstances; amending 136 s. 337.027, F.S.; revising the definition of the term 137 small business; amending s. 337.11, F.S.; requiring 138 the department to give consideration to small business 139 participation, instead of disadvantaged business 140 enterprise participation; repealing s. 337.125, F.S., 141 relating to socially and economically disadvantaged 142 business enterprises and notice requirements; 143 repealing s. 337.135, F.S., relating to socially and 144 economically disadvantaged business enterprises and 145 punishment for false representation; repealing s. 146 337.139, F.S., relating to efforts to encourage 147 awarding contracts to disadvantaged business 148 enterprises; amending s. 337.18, F.S.; authorizing the 149 Secretary of Transportation to require a surety bond 150 in an amount that is less than the awarded contract 151 price; amending s. 337.251, F.S.; revising factors 152 that may be considered by the department when 153 selecting certain proposals; amending s. 337.401, 154 F.S.; prohibiting a municipality from prohibiting, or 155 requiring a permit for, the installation of certain 156 public sewer transmission lines; amending s. 337.406, 157 F.S.; prohibiting camping on any portion of the right 158 of-way of the State Highway System; providing 159 applicability; amending s. 338.227, F.S.; revising the 160 purpose for which the department and the Department of 161 Management Services shall create and implement a 162 certain outreach program; amending s. 339.08, F.S.; 163 defining the term energy policy of the state; 164 prohibiting the department from expending state funds 165 to support projects or programs of certain entities in 166 certain circumstances; repealing s. 339.0805, F.S., 167 relating to funds to be expended with certified 168 disadvantaged business enterprises, a construction 169 management development program, and a bond guarantee 170 program; amending s. 339.135, F.S.; revising the 171 method of approval upon which certain spending 172 authority may be rolled forward to the next fiscal 173 year; requiring the Executive Office of the Governor 174 to make a certain budget modification upon such 175 approval; deleting the scheduled repeal of a provision 176 authorizing the chair or vice chair of the Legislative 177 Budget Commission to authorize an amendment of the 178 adopted work program in certain circumstances; 179 amending s. 339.2821, F.S.; requiring the department 180 to ensure that it is supportive of small businesses, 181 rather than ensuring that small and minority 182 businesses have equal access to participation in 183 certain transportation projects; repealing s. 339.287, 184 F.S., relating to electric vehicle charging stations 185 and infrastructure plan development; amending s. 186 339.55, F.S.; deleting language providing that certain 187 emergency loans from the state-funded infrastructure 188 bank are subject to approval by the Legislative Budget 189 Commission; amending s. 339.651, F.S.; authorizing, 190 rather than requiring, the department to make a 191 certain amount available from the existing work 192 program to fund certain projects annually; deleting 193 the scheduled repeal of provisions relating to 194 Strategic Intermodal System supply chain demands; 195 amending s. 341.051, F.S.; providing for the 196 reallocation of certain funds; deleting the scheduled 197 repeal of provisions providing for the reallocation of 198 certain funds; amending s. 348.754, F.S.; revising the 199 types of businesses the Central Florida Expressway 200 Authority is required to encourage the inclusion of in 201 certain opportunities; amending s. 349.03, F.S.; 202 revising membership requirements for the governing 203 body of the Jacksonville Transportation Authority; 204 requiring the authority to follow a certain business 205 development program; requiring the authority to 206 establish certain protocols and systems and post 207 certain information on a specified website; amending 208 ss. 110.205, 322.27, 365.172, 379.2293, 493.6101, and 209 493.6403, F.S.; conforming cross-references and 210 provisions to changes made by the act; providing an 211 effective date. 212 213 Be It Enacted by the Legislature of the State of Florida: 214 215 Section 1.Present subsections (3) through (6) of section 216 20.23, Florida Statutes, are redesignated as subsections (4) 217 through (7), respectively, a new subsection (3) is added to that 218 section, and paragraph (d) of subsection (1), paragraphs (a), 219 (b), and (g) of subsection (2), and paragraph (b) of present 220 subsection (3) of that section are amended, to read: 221 20.23Department of Transportation.There is created a 222 Department of Transportation which shall be a decentralized 223 agency. 224 (1) 225 (d)The secretary may appoint up to three assistant 226 secretaries, who shall serve as the Chief Operations Officer, 227 Chief Finance and Administration Officer, and Chief Strategic 228 Development Officer, respectively; be directly responsible to 229 the secretary; and who shall perform such duties as are assigned 230 by the secretary. The secretary may also appoint an Executive 231 Director of Transportation Technology. Such assistant secretary 232 and executive director positions are exempt from career service 233 pursuant to s. 110.205(2)(j) and are included in the Senior 234 Management Service. The secretary shall designate to an 235 assistant secretary the duties related to enhancing economic 236 prosperity, including, but not limited to, the responsibility of 237 liaison with the head of economic development in the Executive 238 Office of the Governor. Such assistant secretary shall be 239 directly responsible for providing the Executive Office of the 240 Governor with investment opportunities and transportation 241 projects that expand the states role as a global hub for trade 242 and investment and enhance the supply chain system in the state 243 to process, assemble, and ship goods to markets throughout the 244 eastern United States, Canada, the Caribbean, and Latin America. 245 The secretary may delegate to any assistant secretary the 246 authority to act in the absence of the secretary. 247 (2)(a)1.The Florida Transportation Commission is hereby 248 created and shall be composed consist of nine members appointed 249 by the Governor subject to confirmation by the Senate. Members 250 of the commission shall serve terms of 4 years each. 251 2.Members shall be appointed in such a manner as to 252 equitably represent all geographic areas of the state. Each 253 member must be a registered voter and a citizen of the state. At 254 least three members of the commission must be representatives of 255 or possess expertise in the higher education, transportation, or 256 workforce development industries Each member of the commission 257 must also possess business managerial experience in the private 258 sector. 259 3.A member of the commission shall represent the 260 transportation needs of the state as a whole and may not 261 subordinate the needs of the state to those of any particular 262 area of the state. 263 4.The commission is assigned to the Office of the 264 Secretary of the Department of Transportation for administrative 265 and fiscal accountability purposes, but it shall otherwise 266 function independently of the control and direction of the 267 department. 268 (b)The commission shall: 269 1.Recommend major transportation policies for the 270 Governors approval and assure that approved policies and any 271 revisions are properly executed. 272 2.Periodically review the status of the state 273 transportation system, including highway, transit, rail, 274 seaport, intermodal development, and aviation components of the 275 system, and recommend improvements to the Governor and the 276 Legislature. 277 3.Perform an in-depth evaluation of the annual department 278 budget request, the Florida Transportation Plan, and the 279 tentative work program for compliance with all applicable laws 280 and established departmental policies. Except as specifically 281 provided in s. 339.135(4)(c)2., (d), and (f), the commission may 282 not consider individual construction projects but shall consider 283 methods of accomplishing the goals of the department in the most 284 effective, efficient, and businesslike manner. 285 4.Monitor the financial status of the department on a 286 regular basis to assure that the department is managing revenue 287 and bond proceeds responsibly and in accordance with law and 288 established policy. 289 5.Monitor on at least a quarterly basis the efficiency, 290 productivity, and management of the department using performance 291 and production standards developed by the commission pursuant to 292 s. 334.045. 293 6.Perform an in-depth evaluation of the factors causing 294 disruption of project schedules in the adopted work program and 295 recommend to the Governor and the Legislature methods to 296 eliminate or reduce the disruptive effects of these factors. 297 7.Recommend to the Governor and the Legislature 298 improvements to the departments organization in order to 299 streamline and optimize the efficiency of the department. In 300 reviewing the departments organization, the commission shall 301 determine if the current district organizational structure is 302 responsive to this states changing economic and demographic 303 development patterns. The report by the commission must be 304 delivered to the Governor and the Legislature by December 15 305 each year, as appropriate. The commission may retain experts as 306 necessary to carry out this subparagraph, and the department 307 shall pay the expenses of the experts. 308 8.Monitor the efficiency, productivity, and management of 309 the agencies and authorities created under chapters 348 and 349; 310 the Mid-Bay Bridge Authority re-created pursuant to chapter 311 2000-411, Laws of Florida; and any authority formed under 312 chapter 343; and any transit entity that receives funding under 313 the public transit block grant program pursuant to s. 341.052. 314 The commission shall also conduct periodic reviews of each 315 agencys and authoritys operations and budget, acquisition of 316 property, management of revenue and bond proceeds, and 317 compliance with applicable laws and generally accepted 318 accounting principles. 319 (g)A member of the commission shall follow the standards 320 of conduct for public officers provided in s. 112.313 may not 321 have any interest, direct or indirect, in any contract, 322 franchise, privilege, or other benefit granted or awarded by the 323 department during the term of his or her appointment and for 2 324 years after the termination of such appointment. 325 (3)The Legislature finds that the transportation industry 326 is critical to the economic future of this state and that the 327 competitiveness of the industry in this state depends upon the 328 development and maintenance of a qualified workforce and 329 cutting-edge research and innovation. The Legislature further 330 finds that the transportation industry in this state has varied 331 and complex workforce needs ranging from technical and 332 mechanical training to continuing education opportunities for 333 workers with advanced degrees and certifications. The timely 334 need also exists for coordinated research and innovation efforts 335 to promote emerging technologies and innovative construction 336 methods and tools and to address alternative funding mechanisms. 337 It is the intent of the Legislature to support programs designed 338 to address the workforce development needs of the states 339 transportation industry. 340 (a)The Florida Transportation Research Institute is 341 created as a consortium of higher education professionals. The 342 purpose of the institute is to drive cutting-edge research, 343 innovation, transformational technologies, and breakthrough 344 solutions and to support workforce development efforts that 345 contribute to this states transportation industry. 346 (b)The institute shall report to the department and shall 347 be composed of members from the University of Florida, Indian 348 River State College, the University of Central Florida, the 349 University of South Florida, and Florida International 350 University. The department shall select a member to serve as the 351 administrative lead of the institute. The department shall 352 assess the performance of the administrative lead periodically 353 to ensure accountability and assess the attainment of 354 performance goals. 355 (c)The Secretary of Transportation shall appoint a 356 representative of the department to serve as the executive 357 director of the institute. The department shall coordinate with 358 the members of the institute to adopt policies establishing the 359 institutes executive committee and mission statement. 360 (d)The institute may award grants in alignment with its 361 purpose. Such grants may be directed to member and nonmember 362 institutions that have a proven expertise relevant to the grant, 363 including not-for-profit organizations and institutions of 364 higher education. 365 (e)The department may allocate funds to the institute from 366 the State Transportation Trust Fund. The institute may expend 367 such funds for the institutes operations and programs to 368 support research and innovation projects that provide solutions 369 for this states transportation needs. 370 (f)The institute shall submit an annual report of 371 performance metrics to the Secretary of Transportation and the 372 commission. The report must include, but is not limited to, 373 expenditures of funds allocated to the institute by the 374 department, ongoing and proposed research efforts, and the 375 application and success of past research efforts. 376 (4)(3) 377 (b)The secretary may appoint positions at the level of 378 deputy assistant secretary or director which the secretary deems 379 necessary to accomplish the mission and goals of the department, 380 including, but not limited to, the areas of program 381 responsibility provided in this paragraph, each of whom shall be 382 appointed by and serve at the pleasure of the secretary. The 383 secretary may combine, separate, or delete offices as needed in 384 consultation with the Executive Office of the Governor. The 385 departments areas of program responsibility include, but are 386 not limited to, all of the following: 387 1.Administration. 388 2.Planning. 389 3.Supply chain and modal development. 390 4.Design. 391 5.Highway operations. 392 6.Right-of-way. 393 7.Toll operations. 394 8.Transportation technology. 395 9.Information technology systems. 396 10.Motor carrier weight inspection. 397 11.Work program and budget. 398 12.Comptroller. 399 13.Construction. 400 14.Statewide corridors. 401 15.Maintenance. 402 16.Forecasting and performance. 403 17.Emergency management. 404 18.Safety. 405 19.Materials. 406 20.Infrastructure and innovation. 407 21.Permitting. 408 22.Traffic operations. 409 23.Operational technology. 410 Section 2.Paragraph (b) of subsection (3) of section 411 311.07, Florida Statutes, is amended to read: 412 311.07Florida seaport transportation and economic 413 development funding. 414 (3) 415 (b)Projects eligible for funding by grants under the 416 program are limited to the following port facilities or port 417 transportation projects: 418 1.Transportation facilities within the jurisdiction of the 419 port. 420 2.The dredging or deepening of channels, turning basins, 421 or harbors. 422 3.The construction or rehabilitation of wharves, docks, 423 structures, jetties, piers, storage facilities, cruise 424 terminals, automated people mover systems, or any facilities 425 necessary or useful in connection with any of the foregoing. 426 4.The acquisition of vessel tracking systems, container 427 cranes, or other mechanized equipment used in the movement of 428 cargo or passengers in international commerce. 429 5.The acquisition of land to be used for port purposes. 430 6.The acquisition, improvement, enlargement, or extension 431 of existing port facilities. 432 7.Environmental protection projects which are necessary 433 because of requirements imposed by a state agency as a condition 434 of a permit or other form of state approval; which are necessary 435 for environmental mitigation required as a condition of a state, 436 federal, or local environmental permit; which are necessary for 437 the acquisition of spoil disposal sites and improvements to 438 existing and future spoil sites; or which result from the 439 funding of eligible projects listed in this paragraph. 440 8.Transportation facilities as defined in s. 334.03(30) 441 which are not otherwise part of the Department of 442 Transportations adopted work program. 443 9.Intermodal access projects. 444 10.Construction or rehabilitation of port facilities as 445 defined in s. 315.02, excluding any park or recreational 446 facilities, in ports listed in s. 311.09(1) with operating 447 revenues of $5 million or less, provided that such projects 448 create economic development opportunities, capital improvements, 449 and positive financial returns to such ports. 450 11.Seaport master plan or strategic plan development or 451 updates, including the purchase of data to support such plans. 452 12.Spaceport or space industry-related planning or 453 construction of facilities on seaport property which are 454 necessary or useful for advancing the space industry in this 455 state and provide an economic benefit to this state. 456 13.Commercial shipbuilding and manufacturing facilities on 457 seaport property, if such projects provide an economic benefit 458 to the community in which the seaport is located. 459 Section 3.Subsections (1), (2), (3), and (11) of section 460 311.09, Florida Statutes, are amended to read: 461 311.09Florida Seaport Transportation and Economic 462 Development Council. 463 (1)The Florida Seaport Transportation and Economic 464 Development Council is created within the Department of 465 Transportation. The purpose of the council is to support the 466 growth of seaports in this state through review, development, 467 and financing of port transportation and port facilities. The 468 council is composed consists of the following 18 members: the 469 port director, or the port directors designee, of each of the 470 ports of Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, 471 Palm Beach, Port Everglades, Miami, Port Manatee, St. 472 Petersburg, Putnam County, Tampa, Port St. Joe, Panama City, 473 Pensacola, Key West, and Fernandina; the secretary of the 474 Department of Transportation or his or her designee; and the 475 secretary of the Department of Commerce or his or her designee. 476 (2)The council shall adopt bylaws governing the manner in 477 which the business of the council will be conducted. The bylaws 478 shall specify the procedure by which the chairperson of the 479 council is elected. The Department of Transportation shall 480 provide administrative support to the council on matters 481 relating to the Florida Seaport Transportation and Economic 482 Development Program and the council. 483 (3)The council shall prepare a 5-year Florida Seaport 484 Mission Plan defining the goals and objectives of the council 485 concerning the development of port facilities and an intermodal 486 transportation system consistent with the goals of the Florida 487 Transportation Plan developed pursuant to s. 339.155. The 488 Florida Seaport Mission Plan shall include specific 489 recommendations for the construction of transportation 490 facilities connecting any port to another transportation mode, 491 the construction of transportation facilities connecting any 492 port to the space and aerospace industries, and for the 493 efficient, cost-effective development of transportation 494 facilities or port facilities for the purpose of enhancing 495 trade, promoting cargo flow, increasing cruise passenger 496 movements, increasing port revenues, and providing economic 497 benefits to the state. The council shall develop a priority list 498 of projects based on these recommendations annually and submit 499 the list to the Department of Transportation. The council shall 500 update the 5-year Florida Seaport Mission Plan annually and 501 shall submit the plan no later than February 1 of each year to 502 the President of the Senate, the Speaker of the House of 503 Representatives, the Department of Commerce, and the Department 504 of Transportation. The council shall develop programs, based on 505 an examination of existing programs in Florida and other states, 506 for the training of minorities and secondary school students in 507 job skills associated with employment opportunities in the 508 maritime industry, and report on progress and recommendations 509 for further action to the President of the Senate and the 510 Speaker of the House of Representatives annually. Each port 511 member of the council shall submit a semiannual report related 512 to his or her ports operations and support of the states 513 economic competitiveness and supply chain. Reports must be 514 submitted to the Department of Transportation and include any 515 information required by the Department of Transportation in 516 consultation with the Department of Commerce. Such reports must 517 include, but are not limited to, all of the following 518 information: 519 (a)Bulk break capacity. 520 (b)Liquid storage and capacity. 521 (c)Fuel storage and capacity. 522 (d)Container capacity. 523 (e)A description of any supply chain disruption. 524 (11)Members of the council shall serve without 525 compensation but are entitled to receive reimbursement for per 526 diem and travel expenses as provided in s. 112.061. The council 527 may elect to provide an administrative staff to provide services 528 to the council on matters relating to the Florida Seaport 529 Transportation and Economic Development Program and the council. 530 The cost for such administrative services shall be paid by all 531 ports that receive funding from the Florida Seaport 532 Transportation and Economic Development Program, based upon a 533 pro rata formula measured by each recipients share of the funds 534 as compared to the total funds disbursed to all recipients 535 during the year. The share of costs for administrative services 536 shall be paid in its total amount by the recipient port upon 537 execution by the port and the Department of Transportation of a 538 joint participation agreement for each council-approved project, 539 and such payment is in addition to the matching funds required 540 to be paid by the recipient port. Except as otherwise exempted 541 by law, all moneys derived from the Florida Seaport 542 Transportation and Economic Development Program shall be 543 expended in accordance with the provisions of s. 287.057. 544 Seaports subject to competitive negotiation requirements of a 545 local governing body shall abide by the provisions of s. 546 287.055. 547 Section 4.Subsection (4) is added to section 311.10, 548 Florida Statutes, to read: 549 311.10Strategic Port Investment Initiative. 550 (4)As a condition of receiving a project grant under any 551 program established in this chapter and as a condition of 552 receiving state funds as described in s. 215.31, a seaport 553 located in any county identified in s. 331.304(1) and (5) must 554 include in any agreement with the Department of Transportation 555 that the seaport may not convert any planned or existing land, 556 facility, or infrastructure designated for cargo purposes to any 557 alternative purpose unless express approval is obtained by the 558 Secretary of Transportation and the Secretary of Commerce. As 559 used in this subsection, the term cargo purposes includes, but 560 is not limited to, any facility, activity, property, energy 561 source, or infrastructure asset that supports spaceport 562 activities. 563 Section 5.Section 316.0741, Florida Statutes, is repealed. 564 Section 6.Subsection (7) of section 316.0745, Florida 565 Statutes, is amended to read: 566 316.0745Uniform signals and devices. 567 (7)The Department of Transportation may, upon receipt and 568 investigation of reported noncompliance and after hearing 569 pursuant to 14 days notice, direct the removal of any purported 570 traffic control device that fails to meet the requirements of 571 this section, wherever the device is located and without regard 572 to assigned responsibility under s. 316.1895. The public agency 573 erecting or installing the same shall immediately bring it into 574 compliance with the requirements of this section or remove said 575 device or signal upon the direction of the Department of 576 Transportation and may not, for a period of 5 years, install any 577 replacement or new traffic control devices paid for in part or 578 in full with revenues raised by the state unless written prior 579 approval is received from the Department of Transportation. Any 580 additional violation by a public body or official shall be cause 581 for the withholding of state funds deposited in the State 582 Transportation Trust Fund for traffic control purposes until 583 such public body or official demonstrates to the Department of 584 Transportation that it is complying with this section. 585 Section 7.Section 330.27, Florida Statutes, is amended to 586 read: 587 330.27Definitions, when used in ss. 330.29-330.39. 588 (1)Air ambulance operation means a flight with a patient 589 or medical personnel on board for the purpose of medical 590 transportation. 591 (2)Aircraft means a powered or unpowered machine or 592 device capable of atmospheric flight, including, but not limited 593 to, an airplane, an autogyro, a glider, a gyrodyne, a 594 helicopter, a lift and cruise, a multicopter, paramotors, a 595 powered lift, a seaplane, a tiltrotor, an ultralight, and a 596 vectored thrust. The term does not include except a parachute or 597 other such device used primarily as safety equipment. 598 (3)(2)Airport means a specific an area of land or water 599 or a structure used for, or intended to be used for, aircraft 600 operations, which may include landing and takeoff of aircraft, 601 including appurtenant areas, buildings, facilities, or rights 602 of-way necessary to facilitate such use or intended use. The 603 term includes, but is not limited to, airparks, airports, 604 gliderports, heliports, helistops, seaplane bases, ultralight 605 flightparks, vertiports, and vertistops. 606 (4)Commercial air tour operation means a flight 607 conducted for compensation or hire in an aircraft where a 608 purpose of the flight is sightseeing. 609 (5)Commuter operation means any scheduled operation 610 conducted by a person operating an aircraft with a frequency of 611 operations of at least five round trips per week on at least one 612 route between two or more points according to the published 613 flight schedule. 614 (6)(3)Department means the Department of Transportation. 615 (7)(4)Limited airport means any airport limited 616 exclusively to the specific conditions stated on the site 617 approval order or license. 618 (8)On-demand operation means any scheduled passenger 619 carrying operation for compensation or hire conducted by a 620 person operating an aircraft with a frequency of operations of 621 fewer than five round trips per week on at least one route 622 between two or more points according to the published flight 623 schedule. 624 (9)(5)Private airport means an airport, publicly or 625 privately owned, which is not open or available for use by the 626 public, but may be made available to others by invitation of the 627 owner or manager. 628 (10)Private airport of public interest means a private 629 airport engaged in air ambulance operations, commercial air tour 630 operations, commuter operations, on-demand operations, public 631 charter operations, scheduled operations, or supplemental 632 operations. 633 (11)(6)Public airport means an airport, publicly or 634 privately owned, which is open for use by the public. 635 (12)Public charter operation means a one-way or round 636 trip charter flight performed by one or more direct air carriers 637 which is arranged and sponsored by a charter operator. 638 (13)Scheduled operation means any common carriage 639 passenger-carrying operation for compensation or hire conducted 640 by an air carrier or commercial operator for which the 641 certificateholder or its representative offers in advance the 642 departure location, departure time, and arrival location. 643 (14)Supplemental operation means any common carriage 644 operation for compensation or hire conducted with an aircraft 645 for which the departure time, departure location, and arrival 646 location are specifically negotiated with the customer or 647 customers representative. 648 (15)(7)Temporary airport means an airport at which 649 flight operations are conducted under visual flight rules 650 established by the Federal Aviation Administration and which is 651 used for less than 30 consecutive days with no more than 10 652 operations per day. 653 (8)Ultralight aircraft means any aircraft meeting the 654 criteria established by part 103 of the Federal Aviation 655 Regulations. 656 Section 8.Subsections (2) and (4) of section 330.30, 657 Florida Statutes, are amended to read: 658 330.30Approval of airport sites; registration, 659 certification, and licensure of airports. 660 (2)LICENSES, CERTIFICATIONS, AND REGISTRATIONS; 661 REQUIREMENTS, RENEWAL, REVOCATION. 662 (a)Except as provided in subsection (3), the owner or 663 lessee of an airport in this state shall have a public airport 664 license, private airport registration, or temporary airport 665 registration before the operation of aircraft to or from the 666 airport. Application for a license or registration shall be made 667 in a form and manner prescribed by the department. 668 1.For a public airport, upon granting site approval, the 669 department shall issue a license after a final airport 670 inspection finds the airport to be in compliance with all 671 requirements for the license. The license may be subject to any 672 reasonable conditions the department deems necessary to protect 673 the public health, safety, or welfare. 674 2.For a private airport, upon granting site approval, the 675 department shall provide controlled electronic access to the 676 state aviation facility data system to permit the applicant to 677 complete the registration process. Registration shall be 678 completed upon self-certification by the registrant of 679 operational and configuration data deemed necessary by the 680 department. 681 3.For a temporary airport, the department must publish 682 notice of receipt of a completed registration application in the 683 next available publication of the Florida Administrative 684 Register and may not approve a registration application less 685 than 14 days after the date of publication of the notice. The 686 department must approve or deny a registration application 687 within 30 days after receipt of a completed application and must 688 issue the temporary airport registration concurrent with the 689 airport site approval. A completed registration application that 690 is not approved or denied within 30 days after the department 691 receives the completed application is considered approved and 692 shall be issued, subject to such reasonable conditions as are 693 authorized by law. An applicant seeking to claim registration by 694 default under this subparagraph must notify the agency clerk of 695 the department, in writing, of the intent to rely upon the 696 default registration provision of this subparagraph and may not 697 take any action based upon the default registration until after 698 receipt of such notice by the agency clerk. 699 4.A private airport of public interest must obtain a 700 certificate from the department before allowing aircraft 701 operations. The department shall issue a certificate after a 702 final inspection finds the airport to be in compliance with all 703 certificate requirements. The certificate is subject to any 704 reasonable conditions the department deems necessary to protect 705 the public. A private airport that was engaged in operations 706 associated with a private airport of public interest on or 707 before July 1, 2025, must obtain a certificate from the 708 department by July 1, 2030. 709 (b)The department may license a public airport that does 710 not meet standards only if it determines that such exception is 711 justified by unusual circumstances or is in the interest of 712 public convenience and does not endanger the public health, 713 safety, or welfare. Such a license shall bear the designation 714 special and shall state the conditions subject to which the 715 license is granted. 716 (c)A temporary airport license or registration shall be 717 valid for less than 30 days and is not renewable. The department 718 may not approve a subsequent temporary airport registration 719 application for the same general location if the purpose or 720 effect is to evade otherwise applicable airport permitting or 721 licensure requirements. 722 (d)1.Each public airport license shall expire no later 723 than 1 year after the effective date of the license, except that 724 the expiration date of a license may be adjusted to provide a 725 maximum license period of 18 months to facilitate airport 726 inspections, recognize seasonal airport operations, or improve 727 administrative efficiency. 728 2.Registration for private airports shall remain valid 729 provided specific elements of airport data, established by the 730 department, are periodically recertified by the airport 731 registrant. The ability to recertify private airport 732 registration data shall be available at all times by electronic 733 submittal. A private airport registration that has not been 734 recertified in the 24-month period following the last 735 certification shall expire, unless the registration period has 736 been adjusted by the department for purposes of informing 737 private airport owners of their registration responsibilities or 738 promoting administrative efficiency. The expiration date of the 739 current registration period will be clearly identifiable from 740 the state aviation facility data system. 741 3.The effective date and expiration date shall be shown on 742 public airport licenses. Upon receiving an application for 743 renewal of an airport license in a form and manner prescribed by 744 the department and receiving a favorable inspection report 745 indicating compliance with all applicable requirements and 746 conditions, the department shall renew the license, subject to 747 any conditions deemed necessary to protect the public health, 748 safety, or welfare. 749 4.The department may require a new site approval for any 750 airport if the license or registration has expired. 751 5.If the renewal application for a public airport license 752 has not been received by the department or no private airport 753 registration recertification has been accomplished within 15 754 days after the date of expiration, the department may revoke the 755 airport license or registration. 756 6.After initial registration, the department may issue a 757 certificate to a private airport of public interest if the 758 airport is found, after a physical inspection, to be in 759 compliance with all certificate requirements. The certificate is 760 subject to any reasonable condition that the department deems 761 necessary to protect the public health, safety, or welfare. A 762 private airport of public interest certificate expires 5 years 763 after the effective date of the certificate. 764 (e)The department may revoke, or refuse to allow or issue, 765 any airport registration or recertification, or any license or 766 license renewal, if it determines: 767 1.That the site has been abandoned as an airport; 768 2.That the airport does not comply with the conditions of 769 the license, license renewal, or site approval; 770 3.That the airport has become either unsafe or unusable 771 for flight operation due to physical or legal changes in 772 conditions that were the subject of approval; or 773 4.That an airport required to file or update a security 774 plan pursuant to paragraph (f) has failed to do so. 775 (f)1.After initial licensure, a license of a publicly or 776 privately owned general aviation airport that is open to the 777 public, that has at least one runway greater than 4,999 feet in 778 length, and that does not host scheduled passenger-carrying 779 commercial service operations regulated under 14 C.F.R. part 139 780 shall not be renewed or reissued unless an approved security 781 plan has been filed with the department, except when the 782 department determines that the airport is working in good faith 783 toward completion and filing of the plan. 784 2.Security plans required by this paragraph must be 785 developed in accordance with the 2004 Security Planning for 786 General Aviation Airports guidelines published by the Florida 787 Airports Council. Certain administrative data from the approved 788 security plan shall be submitted to the Department of Law 789 Enforcement, in a format prescribed by the Department of Law 790 Enforcement, for use in protecting critical infrastructure of 791 the state. 792 3.The department shall not approve a security plan for 793 filing unless it is consistent with Florida Airports Council 794 guidelines. 795 4.An airport required to file a security plan pursuant to 796 this paragraph shall update its plan at least once every 2 years 797 after the initial filing date and file the updated plan with the 798 department. The department shall review the updated plan prior 799 to approving it for filing to determine whether it is consistent 800 with Florida Airports Council guidelines. No renewal license 801 shall be issued to the airport unless the department approves 802 the updated security plan or determines that the airport is 803 working in good faith to update it. 804 (4)EXCEPTIONS.Private airports with 10 or more based 805 aircraft may request to be inspected and licensed by the 806 department. Private airports licensed according to this 807 subsection shall be considered private airports as defined in s. 808 330.27 s. 330.27(5) in all other respects. 809 Section 9.Section 331.371, Florida Statutes, is amended to 810 read: 811 331.371Strategic space infrastructure investment. 812 (1)In consultation with Space Florida, the Department of 813 Transportation may fund spaceport discretionary capacity 814 improvement projects, as defined in s. 331.303, at up to 100 815 percent of the projects cost if: 816 (a)(1)Important access and on-spaceport-territory space 817 transportation capacity improvements are provided; 818 (b)(2)Capital improvements that strategically position the 819 state to maximize opportunities in international trade are 820 achieved; 821 (c)(3)Goals of an integrated intermodal transportation 822 system for the state are achieved; and 823 (d)(4)Feasibility and availability of matching funds 824 through federal, local, or private partners are demonstrated. 825 (2)(a)In consultation with the Department of Commerce and 826 the Department of Environmental Protection, the Department of 827 Transportation may fund infrastructure projects, and projects 828 associated with critical infrastructure facilities as defined in 829 s. 692.201, within or outside of a spaceport territory as long 830 as the project supports aerospace or launch support facilities 831 within an adjacent spaceport territory boundary. 832 (b)The Department of Transportation, the Department of 833 Commerce, and the Department of Environmental Protection shall 834 coordinate in funding projects under this subsection to optimize 835 the use of available funds. 836 Section 10.Section 332.003, Florida Statutes, is amended 837 to read: 838 332.003Florida Airport Development and Accountability 839 Assistance Act; short title.Sections 332.003-332.007 may be 840 cited as the Florida Airport Development and Accountability 841 Assistance Act. 842 Section 11.Section 332.005, Florida Statutes, is amended 843 to read: 844 332.005Restrictions on authority of Department of 845 Transportation. 846 (1)This act specifically prohibits the Department of 847 Transportation from regulating commercial air carriers operating 848 within the state pursuant to federal authority and regulations; 849 from participating in or exercising control in the management 850 and operation of a sponsors airport, except when officially 851 requested by the sponsor; or from expanding the design or 852 operational capability of the department in the area of airport 853 and aviation consultants contract work, other than to provide 854 technical assistance as requested. 855 (2)(a)Notwithstanding subsection (1), upon the declaration 856 of a state of emergency issued by the Governor in preparation 857 for or in response to a natural disaster, airports shall, at no 858 cost to the state, provide the Department of Transportation with 859 the opportunity to use any property that is not within the air 860 navigation facility as defined in s. 332.01(4) for the staging 861 of equipment and personnel to support emergency preparedness and 862 response operations. 863 (b)After 60 days of use under paragraph (a), any further 864 use of airport property by the Department of Transportation must 865 be conducted pursuant to a written agreement between the airport 866 and the department. 867 Section 12.Section 332.006, Florida Statutes, to read: 868 332.006Duties and responsibilities of the Department of 869 Transportation.The Department of Transportation shall, within 870 the resources provided to the department pursuant to chapter 871 216: 872 (1)Provide coordination and assistance for the development 873 of a viable aviation system in this state. To support the 874 system, a statewide aviation system plan shall be developed and 875 periodically updated which summarizes 5-year, 10-year, and 20 876 year airport and aviation needs within the state. The statewide 877 aviation system plan shall be consistent with the goals of the 878 Florida Transportation Plan developed pursuant to s. 339.155. 879 The statewide aviation system plan shall not preempt local 880 airport master plans adopted in compliance with federal and 881 state requirements. 882 (2)Advise and assist the Governor in all aviation matters. 883 (3)Upon request, assist airport sponsors, both financially 884 and technically, in airport master planning. 885 (4)Upon request, provide financial and technical 886 assistance to public agencies which operate public-use airports 887 by making department personnel and department-owned facilities 888 and equipment available on a cost-reimbursement basis to such 889 agencies for special needs of limited duration. The requirement 890 relating to reimbursement of personnel costs may be waived by 891 the department in those cases in which the assistance provided 892 by its personnel was of a limited nature or duration. 893 (5)Participate in research and development programs 894 relating to airports. 895 (6)Administer department participation in the program of 896 aviation and airport grants as provided for in ss. 332.003 897 332.007. 898 (7)Develop, promote, and distribute supporting information 899 and educational services, including, but not limited to, 900 educational services with a focus on retention and growth of the 901 aviation industry workforce. 902 (8)Encourage the maximum allocation of federal funds to 903 local airport projects in this state. 904 (9)Support the development of land located within the 905 boundaries of airports for the purpose of industrial or other 906 uses compatible with airport operations with the objective of 907 assisting airports in this state to become fiscally self 908 supporting. Such assistance may include providing state moneys 909 on a matching basis to airport sponsors for capital 910 improvements, including, but not limited to, fixed-base 911 operation facilities, parking areas, industrial park utility 912 systems, and road and rail transportation systems which are on 913 airport property. 914 (10)When deemed appropriate by the department, conduct 915 inspections of commercial airport facilities that have received 916 state funding, including, but not limited to, the inspection of 917 terminal facilities, baggage systems, and fixed guideway 918 transportation systems in accordance with s. 341.061. The 919 department may enter into agreements with other state regulatory 920 agencies, including, but not limited to, the Department of 921 Business and Professional Regulation and the Department of 922 Health, for the purpose of conducting such inspections. 923 Section 13.Subsection (5), paragraph (a) of subsection 924 (7), and subsections (8) and (9) of section 332.007, Florida 925 Statutes, are amended, and paragraph (c) is added to subsection 926 (2) of that section, to read: 927 332.007Administration and financing of aviation and 928 airport programs and projects; state plan. 929 (2) 930 (c)The department shall require each airport sponsor to 931 submit an annual comprehensive maintenance program report that 932 provides details relating to maintenance and inspections of 933 airport infrastructure. The report must include a schedule of 934 inspections, locations at which inspections and maintenance are 935 performed, a list of required maintenance needs, any remedial 936 action required or taken after an inspection, and details of 937 follow-up inspections. For purposes of this paragraph, the term 938 maintenance means any preventive or routine work necessary to 939 maintain airport infrastructure in good condition, which is 940 essential for the safe operation of airport infrastructure. If 941 the comprehensive maintenance program report includes evidence 942 of failure to perform routine maintenance, the department may 943 withhold state funds intended for use for capital expansion 944 projects until the airport sponsor takes corrective action to 945 address the failure. Records of materials and equipment used for 946 maintenance and repair work must be maintained by the airport 947 sponsor as required by the department. 948 (5)Only those projects or programs provided for in this 949 act that will contribute to the implementation of the state 950 aviation system plan, that are consistent with the energy policy 951 of the state as defined in s. 339.08(6)(a), that are consistent 952 with and will contribute to the implementation of any airport 953 master plan or layout plan, and that are consistent, to the 954 maximum extent feasible, with the approved local government 955 comprehensive plans of the units of government in which the 956 airport is located are eligible for the expenditure of state 957 funds in accordance with fund participation rates and priorities 958 established herein. 959 (7)Subject to the availability of appropriated funds in 960 addition to aviation fuel tax revenues, the department may 961 participate in the capital cost of eligible public airport and 962 aviation discretionary capacity improvement projects. The annual 963 legislative budget request shall be based on the funding 964 required for discretionary capacity improvement projects in the 965 aviation and airport work program. 966 (a)The department shall provide priority funding in 967 support of: 968 1.Terminal and parking expansion projects that increase 969 capacity at airports providing commercial service in counties 970 with a population of 500,000 or less. 971 2.Land acquisition which provides additional capacity at 972 the qualifying international airport or at that airports 973 supplemental air carrier airport. 974 3.2.Runway and taxiway projects that add capacity or are 975 necessary to accommodate technological changes in the aviation 976 industry. 977 4.3.Airport access transportation projects that improve 978 direct airport access and are approved by the airport sponsor. 979 5.4.International terminal projects that increase 980 international gate capacity. 981 6.Projects that improve safety and efficiency of airport 982 operations. 983 7.Emerging technology projects, workforce development 984 projects, and projects that benefit the strategic intermodal 985 system through intermodal connectivity. 986 (8)The department may also fund eligible projects 987 performed by not-for-profit organizations and postsecondary 988 education institutions as defined in s. 1008.47 which support 989 the training of pilots, air traffic control personnel, or 990 aircraft maintenance technical personnel that represent a 991 majority of public airports in this state. Eligible projects may 992 include activities associated with aviation master planning, 993 professional education, safety and security planning, enhancing 994 economic development and efficiency at airports in this state, 995 or other planning efforts to improve the viability and safety of 996 airports in this state. Programs that support the transition of 997 honorably discharged military personnel to the aviation industry 998 are also eligible projects under this subsection. The department 999 may provide matching funds for eligible projects funded by the 1000 Department of Commerce. 1001 (9)The department may fund strategic airport investment 1002 projects at up to 100 percent of the projects cost if: 1003 (a)Important access and on-airport capacity improvements 1004 are provided; 1005 (b)Capital improvements that strategically position the 1006 state to maximize opportunities in tourism, international trade, 1007 logistics, and the aviation industry are provided; 1008 (c)Goals of an integrated intermodal transportation system 1009 for the state are achieved; and 1010 (d)Feasibility and availability of matching funds through 1011 federal, local, or private partners are demonstrated. 1012 Section 14.Paragraphs (a), (b), and (d) of subsection (1), 1013 subsection (2), and paragraph (a) of subsection (5) of section 1014 332.0075, Florida Statutes, are amended, and paragraph (c) is 1015 added to subsection (5) of that section, to read: 1016 332.0075Commercial service airports; transparency and 1017 accountability; penalty. 1018 (1)As used in this section, the term: 1019 (a)Commercial service airport means an airport providing 1020 commercial service, including large, medium, small, and nonhub 1021 airports as classified a primary airport as defined in 49 U.S.C. 1022 s. 47102 which is classified as a large, medium, or small hub 1023 airport by the Federal Aviation Administration. 1024 (b)Consent agenda means an agenda which consists of 1025 items voted on collectively or as a group and which does not 1026 provide the opportunity for public comment on each such item 1027 before approval or disapproval by the governing body. 1028 (d)Governing body means the governing body of the 1029 county, municipality, or special district that operates a 1030 commercial service airport. The term also includes an appointed 1031 board or oversight entity serving as the governing body for 1032 purposes of a commercial service airport on behalf of a county, 1033 municipality, or special district. 1034 (2)Each governing body shall establish and maintain a 1035 website to post information relating to the operation of a 1036 commercial service airport. The information must remain posted 1037 on the website for 5 years or for the entirety of the period 1038 during which the document is actively in use, whichever is 1039 longer, and must include all of the following, including: 1040 (a)All published notices of meetings and published meeting 1041 agendas of the governing body. 1042 (b)The official minutes of each meeting of the governing 1043 body, which must shall be posted within 7 business days after 1044 the date of the meeting in which the minutes were approved. 1045 (c)The approved budget for the commercial service airport 1046 for the current fiscal year, which shall be posted within 7 1047 business days after the date of adoption. Budgets must remain on 1048 the website for 5 2 years after the conclusion of the fiscal 1049 year for which they were adopted. 1050 (d)Copies of the current airport master plan and the 1051 immediately preceding airport master plan for the commercial 1052 service airport and a link to the current airport master plan 1053 for the commercial service airport on the commercial service 1054 airports website. 1055 (e)A link to all financial and statistical reports for the 1056 commercial service airport on the Federal Aviation 1057 Administrations website. 1058 (f)Any contract or contract amendment for the purchase of 1059 commodities or contractual services executed by or on behalf of 1060 the commercial service airport in excess of the threshold amount 1061 provided in s. 287.017 for CATEGORY FIVE, which must shall be 1062 posted no later than 7 business days after the commercial 1063 service airport executes the contract or contract amendment. 1064 However, a contract or contract amendment may not reveal 1065 information made confidential or exempt by law. Each commercial 1066 service airport must redact confidential or exempt information 1067 from each contract or contract amendment before posting a copy 1068 on its website. 1069 (g)Position and rate information for each employee of the 1070 commercial service airport, including, at a minimum, the 1071 employees position title, position description, and annual or 1072 hourly salary. This information must shall be updated quarterly 1073 annually. 1074 (5)(a)Each November 1, the governing body of each 1075 commercial service airport shall submit the following 1076 information to the department: 1077 1.Its approved budget for the current fiscal year. 1078 2.Any financial reports submitted to the Federal Aviation 1079 Administration during the previous calendar year. 1080 3.A link to its website. 1081 4.A statement, verified as provided in s. 92.525, that it 1082 has complied with part III of chapter 112, chapter 287, and this 1083 section. 1084 5.The most recent copies of its strategic plans. 1085 6.Contracts related to any financial awards received 1086 through federally funded grant programs for the preceding year. 1087 (c)A commercial service airport shall: 1088 1.Notify the department within 48 hours after receiving a 1089 communication or directive from a federal agency relating to 1090 public health testing or the transfer of unauthorized aliens 1091 into this state. 1092 2.Notify the department as soon as is reasonably possible, 1093 but no later than 48 hours, after the discovery of a potential 1094 cybersecurity breach or other occurrence impacting the traveling 1095 public, a disruption in state aviation operations directly 1096 impacting multiple airports within this state, or an incident 1097 occurring on airport property which requires coordination with 1098 multiple local, state, or federal agencies. 1099 Section 15.Section 332.15, Florida Statutes, is created to 1100 read: 1101 332.15Advanced air mobility.The Department of 1102 Transportation shall: 1103 (1)Address the need for vertiports, advanced air mobility, 1104 and other advances in aviation technology in the statewide 1105 aviation system plan required under s. 332.006(1) and, as 1106 appropriate, in the departments work program. 1107 (2)Designate a subject matter expert on advanced air 1108 mobility within the department to serve as a resource for local 1109 jurisdictions navigating advances in aviation technology. 1110 (3)Conduct a review of airport hazard zone regulations. 1111 (4)In coordination with the Department of Commerce, 1112 provide coordination and assistance for the development of a 1113 viable advanced air mobility system plan in this state. The 1114 department shall incorporate the plan into the statewide 1115 aviation system plan required under s. 332.006(1) to identify 1116 and develop statewide corridors of need and opportunities for 1117 industry growth. 1118 Section 16.Subsection (5) of section 334.044, Florida 1119 Statutes, is amended, and subsections (37), (38), and (39) are 1120 added to that section, to read: 1121 334.044Powers and duties of the department.The department 1122 shall have the following general powers and duties: 1123 (5)To purchase, lease, or otherwise acquire property and 1124 materials, including the purchase of promotional items as part 1125 of public information and education campaigns for the promotion 1126 of environmental management, scenic highways, traffic and train 1127 safety awareness, alternatives to single-occupant vehicle 1128 travel, commercial motor vehicle safety, workforce development, 1129 electric vehicle use and charging stations, autonomous vehicles, 1130 and context classification design for electric vehicles and 1131 autonomous vehicles; to purchase, lease, or otherwise acquire 1132 equipment and supplies; and to sell, exchange, or otherwise 1133 dispose of any property that is no longer needed by the 1134 department. 1135 (37)Notwithstanding s. 287.022 or s. 287.025, to directly 1136 enter into insurance contracts with local, national, or 1137 international insurance companies for the purchase of insurance 1138 coverage that the department is contractually and legally 1139 required to provide. 1140 (38)Notwithstanding s. 287.14, to purchase or acquire 1141 heavy equipment and motor vehicles for roadway operations and 1142 emergency response purposes regardless of whether the department 1143 exchanges or ceases to operate any department-owned heavy 1144 equipment or motor vehicles. 1145 (39)To adopt rules for the purpose of compliance with 49 1146 C.F.R. part 26 and any other applicable federal law. 1147 Section 17.Subsection (1) of section 334.045, Florida 1148 Statutes, is amended to read: 1149 334.045Transportation performance and productivity 1150 standards; development; measurement; application. 1151 (1)The Florida Transportation Commission shall develop and 1152 adopt measures for evaluating the performance and productivity 1153 of the department. The measures may be both quantitative and 1154 qualitative and must, to the maximum extent practical, assess 1155 those factors that are within the departments control. The 1156 measures must, at a minimum, assess performance in the following 1157 areas: 1158 (a)Production; 1159 (b)Finance and administration; 1160 (c)Preservation of the current state system; 1161 (d)Safety of the current state system; 1162 (e)Capacity improvements: highways and all public 1163 transportation modes; and 1164 (f)The business development program established under s. 1165 337.027 Disadvantaged business enterprise and minority business 1166 programs. 1167 Section 18.Section 334.62, Florida Statutes, is created to 1168 read: 1169 334.62Florida Transportation Academy.The Legislature 1170 finds that the growth and sustainability of the transportation 1171 industry workforce is vital to the continued success and 1172 efficiency of the states supply chain and economic 1173 competitiveness. In order to prioritize the continued need for 1174 transportation industry workforce development programs, the 1175 Florida Transportation Academy is established within the 1176 department. In order to support, promote, and sustain workforce 1177 development efforts in the transportation sector, the department 1178 may do all of the following: 1179 (1)Coordinate with the Department of Corrections to 1180 identify and create certification and training opportunities for 1181 nonviolent, scheduled-release inmates and create a notification 1182 process between the Department of Corrections and the department 1183 for nonviolent inmates with imminent scheduled-release dates who 1184 are expected to seek employment upon release. 1185 (2)Coordinate with the Department of Juvenile Justice and 1186 its educational partners to create certification and training 1187 opportunities for eligible youth. 1188 (3)Coordinate with veterans organizations to encourage 1189 veterans with honorable military discharge to pursue employment 1190 opportunities within the transportation industry, including, but 1191 not limited to, employment as pilots, mechanics, and air traffic 1192 controllers. 1193 (4)Coordinate with the Department of Commerce, 1194 CareerSource Florida, Inc., and regional business organizations, 1195 within and outside of the transportation industry, to further 1196 understand recruitment and retention needs and job-seeker 1197 pipelines. 1198 (5)Coordinate with the American Council of Engineering 1199 Companies and the Florida Transportation Builders Association to 1200 optimize workforce recruitment and retention and assess future 1201 needs across the transportation industry in this state. 1202 Section 19.Present paragraph (b) of subsection (3) of 1203 section 335.182, Florida Statutes, is redesignated as paragraph 1204 (c) and amended, and a new paragraph (b) is added to that 1205 subsection, to read: 1206 335.182Regulation of connections to roads on State Highway 1207 System; definitions. 1208 (3)As used in this act, the term: 1209 (b)Modification of an existing connection means the 1210 relocation, alteration, or closure of the connection. 1211 (c)(b)Significant change means: 1212 1.A change in the use of the property, including the 1213 development of land, structures, or facilities;, or 1214 2.An expansion of the size of the property, structures, or 1215 facilities causing an increase in the trip generation of the 1216 property exceeding 25 percent more trip generation, (either peak 1217 hour or daily,) and exceeding 100 vehicles per day more than the 1218 existing use. 1219 Section 20.Subsections (3) and (4) of section 335.187, 1220 Florida Statutes, are amended to read: 1221 335.187Unpermitted connections; existing access permits; 1222 nonconforming permits; modification and revocation of permits. 1223 (3)The department may issue a nonconforming access permit 1224 if denying after finding that to deny an access permit would 1225 leave the property without a reasonable means of access to the 1226 State Highway System. The department may specify limits on the 1227 maximum vehicular use of the connection and may condition be 1228 conditioned on the availability of future alternative means of 1229 access for which access permits can be obtained. 1230 (4)After written notice and the opportunity for a hearing, 1231 as provided for in s. 120.60, the department may modify or 1232 revoke an access permit issued after July 1, 1988, by requiring 1233 modification Relocation, alteration, or closure of an existing 1234 connection if: 1235 (a)A significant change occurs in the use, design, or 1236 traffic flow of the connection; or 1237 (b)It would jeopardize the safety of the public or have a 1238 negative impact upon the operational characteristics of the 1239 highway. 1240 Section 21.Subsection (2) of section 337.027, Florida 1241 Statutes, is amended to read: 1242 337.027Authority to implement a business development 1243 program. 1244 (2)For purposes of this section, the term small business 1245 means a business with yearly average gross receipts of less than 1246 $25 $15 million for road and bridge contracts and less than $10 1247 $6.5 million for professional and nonprofessional services 1248 contracts. A business average gross receipts is determined by 1249 averaging its annual gross receipts over the last 3 years, 1250 including the receipts of any affiliate as defined in s. 1251 337.165. 1252 Section 22.Subsection (6) of section 337.11, Florida 1253 Statutes, is amended to read: 1254 337.11Contracting authority of department; bids; emergency 1255 repairs, supplemental agreements, and change orders; combined 1256 design and construction contracts; progress payments; records; 1257 requirements of vehicle registration. 1258 (6)(a)If the secretary determines that an emergency in 1259 regard to the restoration or repair of any state transportation 1260 facility exists such that the delay incident to giving 1261 opportunity for competitive bidding would be detrimental to the 1262 interests of the state, the provisions for competitive bidding 1263 do not apply; and the department may enter into contracts for 1264 restoration or repair without giving opportunity for competitive 1265 bidding on such contracts. Within 30 days after such 1266 determination and contract execution, the head of the department 1267 shall file with the Executive Office of the Governor a written 1268 statement of the conditions and circumstances constituting such 1269 emergency. 1270 (b)If the secretary determines that delays on a contract 1271 for maintenance exist due to administrative challenges, bid 1272 protests, defaults or terminations and the further delay would 1273 reduce safety on the transportation facility or seriously hinder 1274 the departments ability to preserve the states investment in 1275 that facility, competitive bidding provisions may be waived and 1276 the department may enter into a contract for maintenance on the 1277 facility. However, contracts for maintenance executed under the 1278 provisions of this paragraph shall be interim in nature and 1279 shall be limited in duration to a period of time not to exceed 1280 the length of the delay necessary to complete the competitive 1281 bidding process and have the contract in place. 1282 (c)When the department determines that it is in the best 1283 interest of the public for reasons of public concern, economy, 1284 improved operations, or safety, and only when circumstances 1285 dictate rapid completion of the work, the department may, up to 1286 the amount of $500,000, enter into contracts for construction 1287 and maintenance without advertising and receiving competitive 1288 bids. The department may enter into such contracts only upon a 1289 determination that the work is necessary for one of the 1290 following reasons: 1291 1.To ensure timely completion of projects or avoidance of 1292 undue delay for other projects; 1293 2.To accomplish minor repairs or construction and 1294 maintenance activities for which time is of the essence and for 1295 which significant cost savings would occur; or 1296 3.To accomplish nonemergency work necessary to ensure 1297 avoidance of adverse conditions that affect the safe and 1298 efficient flow of traffic. 1299 1300 The department shall make a good faith effort to obtain two or 1301 more quotes, if available, from qualified contractors before 1302 entering into any contract. The department shall give 1303 consideration to small disadvantaged business enterprise 1304 participation. However, when the work exists within the limits 1305 of an existing contract, the department shall make a good faith 1306 effort to negotiate and enter into a contract with the prime 1307 contractor on the existing contract. 1308 Section 23.Section 337.125, Florida Statutes, is repealed. 1309 Section 24.Section 337.135, Florida Statutes, is repealed. 1310 Section 25.Section 337.139, Florida Statutes, is repealed. 1311 Section 26.Paragraph (a) of subsection (1) of section 1312 337.18, Florida Statutes, is amended to read: 1313 337.18Surety bonds for construction or maintenance 1314 contracts; requirement with respect to contract award; bond 1315 requirements; defaults; damage assessments. 1316 (1)(a)A surety bond shall be required of the successful 1317 bidder in an amount equal to the awarded contract price. 1318 However, the department may choose, in its discretion and 1319 applicable only to multiyear maintenance contracts, to allow for 1320 incremental annual contract bonds that cumulatively total the 1321 full, awarded, multiyear contract price;. The department may 1322 also choose, in its discretion and applicable only to phased 1323 design-build contracts under s. 337.11(7)(b), to allow the 1324 issuance of multiple contract performance and payment bonds in 1325 succession to align with each phase of the contract to meet the 1326 bonding requirement in this subsection; and, at the discretion 1327 of the Secretary of Transportation and notwithstanding any 1328 bonding requirement under s. 337.18, to require a surety bond in 1329 an amount that is less than the awarded contract price. 1330 1.The department may waive the requirement for all or a 1331 portion of a surety bond if: 1332 a.The contract price is $250,000 or less and the 1333 department determines that the project is of a noncritical 1334 nature and that nonperformance will not endanger public health, 1335 safety, or property; 1336 b.The prime contractor is a qualified nonprofit agency for 1337 the blind or for the other severely handicapped under s. 1338 413.036(2); or 1339 c.The prime contractor is using a subcontractor that is a 1340 qualified nonprofit agency for the blind or for the other 1341 severely handicapped under s. 413.036(2). However, the 1342 department may not waive more than the amount of the 1343 subcontract. 1344 2.If the department determines that it is in the best 1345 interests of the department to reduce the bonding requirement 1346 for a project and that to do so will not endanger public health, 1347 safety, or property, the department may waive the requirement of 1348 a surety bond in an amount equal to the awarded contract price 1349 for a project having a contract price of $250 million or more 1350 and, in its place, may set a surety bond amount that is a 1351 portion of the total contract price and provide an alternate 1352 means of security for the balance of the contract amount that is 1353 not covered by the surety bond or provide for incremental surety 1354 bonding and provide an alternate means of security for the 1355 balance of the contract amount that is not covered by the surety 1356 bond. Such alternative means of security may include letters of 1357 credit, United States bonds and notes, parent company 1358 guarantees, and cash collateral. The department may require 1359 alternate means of security if a surety bond is waived. The 1360 surety on such bond shall be a surety company authorized to do 1361 business in the state. All bonds shall be payable to the 1362 department and conditioned for the prompt, faithful, and 1363 efficient performance of the contract according to plans and 1364 specifications and within the time period specified, and for the 1365 prompt payment of all persons defined in s. 713.01 furnishing 1366 labor, material, equipment, and supplies for work provided in 1367 the contract; however, whenever an improvement, demolition, or 1368 removal contract price is $25,000 or less, the security may, in 1369 the discretion of the bidder, be in the form of a cashiers 1370 check, bank money order of any state or national bank, certified 1371 check, or postal money order. The department shall adopt rules 1372 to implement this subsection. Such rules shall include 1373 provisions under which the department shall refuse to accept 1374 bonds on contracts when a surety wrongfully fails or refuses to 1375 settle or provide a defense for claims or actions arising under 1376 a contract for which the surety previously furnished a bond. 1377 Section 27.Subsection (3) of section 337.251, Florida 1378 Statutes, is amended to read: 1379 337.251Lease of property for joint public-private 1380 development and areas above or below department property. 1381 (3)A proposal must be selected by the department based on 1382 competitive bidding, except that the department may consider 1383 other relevant factors specified in the request for proposals. 1384 The department may consider such factors as the value of 1385 property exchanges, the cost of construction, and other 1386 recurring costs for the benefit of the department by the lessee 1387 in lieu of direct revenue to the department if such other 1388 factors are of equal value including innovative proposals to 1389 involve small minority businesses. The department may name a 1390 board of advisers which may be composed of accountants, real 1391 estate appraisers, design engineers, or other experts 1392 experienced in the type of development proposed. The board of 1393 advisers shall review the feasibility of the proposals, 1394 recommend acceptance or rejection of each proposal, and rank 1395 each feasible proposal in the order of technical feasibility and 1396 benefit provided to the department. The board of advisers shall 1397 be reasonably compensated for the services provided and all 1398 department costs for evaluating the proposals shall be 1399 reimbursed from a proposal application fee to be set by the 1400 department and paid by the applicants. The board of advisers 1401 shall not be subject to selection under the provisions of 1402 chapter 287. 1403 Section 28.Section (2) of section 337.401, Florida 1404 Statutes, is amended to read: 1405 337.401Use of right-of-way for utilities subject to 1406 regulation; permit; fees. 1407 (2)(a)The authority may grant to any person who is a 1408 resident of this state, or to any corporation which is organized 1409 under the laws of this state or licensed to do business within 1410 this state, the use of a right-of-way for the utility in 1411 accordance with such rules or regulations as the authority may 1412 adopt. A utility may not be installed, located, or relocated 1413 unless authorized by a written permit issued by the authority. 1414 However, for public roads or publicly owned rail corridors under 1415 the jurisdiction of the department, a utility relocation 1416 schedule and relocation agreement may be executed in lieu of a 1417 written permit. The permit must require the permitholder to be 1418 responsible for any damage resulting from the issuance of such 1419 permit. The authority may initiate injunctive proceedings as 1420 provided in s. 120.69 to enforce provisions of this subsection 1421 or any rule or order issued or entered into pursuant thereto. A 1422 permit application required under this subsection by a county or 1423 municipality having jurisdiction and control of the right-of-way 1424 of any public road must be processed and acted upon in 1425 accordance with the timeframes provided in subparagraphs 1426 (7)(d)7., 8., and 9. 1427 (b)Notwithstanding paragraph (a), a municipality may not 1428 prohibit, or require a permit for, the installation of a public 1429 sewer transmission line placed and maintained within and under 1430 publicly dedicated rights-of-way as part of a septic-to-sewer 1431 conversion where the work is being performed under permits 1432 issued by the Department of Transportation pursuant to this 1433 chapter and the Department of Environmental Protection, or its 1434 delegate, pursuant to chapter 403. 1435 Section 29.Subsection (4) of section 337.406, Florida 1436 Statutes, is amended to read: 1437 337.406Unlawful use of state transportation facility 1438 right-of-way; penalties. 1439 (4)(a)Camping is prohibited on any portion of the right 1440 of-way of the State Highway System that is within 100 feet of a 1441 bridge, causeway, overpass, or ramp. 1442 (b)This subsection does not apply to a person who has 1443 acquired the appropriate permits and is actively navigating the 1444 federally designated Florida National Scenic Trail recognized by 1445 the state in s. 260.012(6). 1446 Section 30.Subsection (4) of section 338.227, Florida 1447 Statutes, is amended to read: 1448 338.227Turnpike revenue bonds. 1449 (4)The Department of Transportation and the Department of 1450 Management Services shall create and implement an outreach 1451 program designed to enhance the participation of small minority 1452 persons and minority business enterprises in all contracts 1453 entered into by their respective departments for services 1454 related to the financing of department projects for the 1455 Strategic Intermodal System Plan developed pursuant to s. 1456 339.64. These services shall include, but are not limited to, 1457 bond counsel and bond underwriters. 1458 Section 31.Subsection (6) is added to section 339.08, 1459 Florida Statutes, to read: 1460 339.08Use of moneys in State Transportation Trust Fund. 1461 (6)(a)As used in this subsection, the term energy policy 1462 of the state means the energy policy described in s. 377.601 1463 and includes any intended or actual measure, obligation, target, 1464 or timeframe related to a reduction in carbon dioxide emissions. 1465 (b)The department may not expend any state funds as 1466 described in s. 215.31 to support a project or program of any of 1467 the following entities if such entities adopt or promote energy 1468 policy goals inconsistent with the energy policy of the state: 1469 1.A public transit provider as defined in s. 341.031(1). 1470 2.An authority created pursuant to chapter 343, chapter 1471 348, or chapter 349. 1472 3.A public-use airport as defined in s. 332.004. 1473 4.A port listed in s. 311.09(1). 1474 Section 32.Section 339.0805, Florida Statutes, is 1475 repealed. 1476 Section 33.Paragraph (c) of subsection (6) and paragraph 1477 (h) of subsection (7) of section 339.135, Florida Statutes, are 1478 amended to read: 1479 339.135Work program; legislative budget request; 1480 definitions; preparation, adoption, execution, and amendment. 1481 (6)EXECUTION OF THE BUDGET. 1482 (c)Notwithstanding the provisions of ss. 216.301(2) and 1483 216.351, any unexpended balance remaining at the end of the 1484 fiscal year in the appropriations to the department for special 1485 categories; aid to local governments; lump sums for project 1486 phases which are part of the adopted work program, and for which 1487 contracts have been executed or bids have been let; and for 1488 right-of-way land acquisition and relocation assistance for 1489 parcels from project phases in the adopted work program for 1490 which appraisals have been completed and approved, may be 1491 certified forward as fixed capital outlay at the end of each 1492 fiscal year, to be certified by the head of the state agency on 1493 or before August 1 of each year to the Executive Office of the 1494 Governor, showing in detail the commitment or to whom obligated 1495 and the amount of such commitment or obligation. On or before 1496 September 1 of each year, the Executive Office of the Governor 1497 shall review and approve or disapprove, consistent with 1498 legislative policy and intent, any or all of the items and 1499 amounts certified by the head of the state agency and shall 1500 furnish the Chief Financial Officer, the legislative 1501 appropriations committees, and the Auditor General a detailed 1502 listing of the items and amounts approved as legal encumbrances 1503 against the undisbursed balances of such appropriations. In the 1504 event such certification is not made and the balance of the 1505 appropriation has reverted and the obligation is proven to be 1506 legal, due, and unpaid, then the same must shall be presented to 1507 the Legislature for its consideration. Such certification as 1508 herein required must shall be in the form and on the date 1509 approved by the Executive Office of the Governor. Any project 1510 phases in the adopted work program not certified forward are 1511 shall be available for roll forward for the next fiscal year of 1512 the adopted work program. Spending authority associated with 1513 such project phases may be rolled forward to the next fiscal 1514 year upon approval by the procedures set forth in s. 216.177. 1515 Upon approval, the Executive Office of the Governor shall modify 1516 the original approved operating budget for fixed capital outlay 1517 expenditures Legislative Budget Commission. Increases in 1518 spending authority are shall be limited to amounts of unexpended 1519 balances by appropriation category. Any project phase certified 1520 forward for which bids have been let but subsequently rejected 1521 is shall be available for roll forward in the adopted work 1522 program for the next fiscal year. Spending authority associated 1523 with such project phases may be rolled forward into the current 1524 year from funds certified forward. The amount certified forward 1525 may include contingency allowances for right-of-way acquisition 1526 and relocation, asphalt and petroleum product escalation 1527 clauses, and contract overages, which allowances must shall be 1528 separately identified in the certification detail. Right-of-way 1529 acquisition and relocation and contract overages contingency 1530 allowances must shall be based on documented historical 1531 patterns. These contingency amounts must shall be incorporated 1532 in the certification for each specific category, but when a 1533 category has an excess and another category has a deficiency, 1534 the Executive Office of the Governor is authorized to transfer 1535 the excess to the deficient account. 1536 (7)AMENDMENT OF THE ADOPTED WORK PROGRAM. 1537 (h)1.Any work program amendment that also adds a new 1538 project, or phase thereof, to the adopted work program in excess 1539 of $3 million is subject to approval by the Legislative Budget 1540 Commission. Any work program amendment submitted under this 1541 paragraph must include, as supplemental information, a list of 1542 projects, or phases thereof, in the current 5-year adopted work 1543 program which are eligible for the funds within the 1544 appropriation category being used for the proposed amendment. 1545 The department shall provide a narrative with the rationale for 1546 not advancing an existing project, or phase thereof, in lieu of 1547 the proposed amendment. 1548 2.If the department submits an amendment to the 1549 Legislative Budget Commission and the commission does not meet 1550 or consider the amendment within 30 days after its submittal, 1551 the chair and vice chair of the commission may authorize the 1552 amendment to be approved pursuant to s. 216.177. This 1553 subparagraph expires July 1, 2025. 1554 Section 34.Paragraph (b) of subsection (3) and paragraph 1555 (c) of subsection (4) of section 339.2821, Florida Statutes, are 1556 amended to read: 1557 339.2821Economic development transportation projects. 1558 (3) 1559 (b)The department must ensure that it is supportive of 1560 small businesses as defined in s. 337.027(2) small and minority 1561 businesses have equal access to participate in transportation 1562 projects funded pursuant to this section. 1563 (4)A contract between the department and a governmental 1564 body for a transportation project must: 1565 (c)Require that the governmental body provide the 1566 department with progress reports. Each progress report must 1567 contain: 1568 1.A narrative description of the work completed and 1569 whether the work is proceeding according to the transportation 1570 project schedule; 1571 2.A description of each change order executed by the 1572 governmental body; 1573 3.A budget summary detailing planned expenditures compared 1574 to actual expenditures; and 1575 4.The identity of each small or minority business used as 1576 a contractor or subcontractor. 1577 Section 35.Section 339.287, Florida Statutes, is repealed. 1578 Section 36.Paragraph (c) of subsection (2) of section 1579 339.55, Florida Statutes, is amended to read: 1580 339.55State-funded infrastructure bank. 1581 (2)The bank may lend capital costs or provide credit 1582 enhancements for: 1583 (c)1.Emergency loans for damages incurred to public-use 1584 commercial deepwater seaports, public-use airports, and other 1585 public-use transit and intermodal facilities that are within an 1586 area that is part of an official state declaration of emergency 1587 pursuant to chapter 252 and all other applicable laws. Such 1588 loans: 1589 a.May not exceed 24 months in duration except in extreme 1590 circumstances, for which the Secretary of Transportation may 1591 grant up to 36 months upon making written findings specifying 1592 the conditions requiring a 36-month term. 1593 b.Require application from the recipient to the department 1594 that includes documentation of damage claims filed with the 1595 Federal Emergency Management Agency or an applicable insurance 1596 carrier and documentation of the recipients overall financial 1597 condition. 1598 c.Are subject to approval by the Secretary of 1599 Transportation and the Legislative Budget Commission. 1600 2.Loans provided under this paragraph must be repaid upon 1601 receipt by the recipient of eligible program funding for damages 1602 in accordance with the claims filed with the Federal Emergency 1603 Management Agency or an applicable insurance carrier, but no 1604 later than the duration of the loan. 1605 Section 37.Subsections (3) and (7) of section 339.651, 1606 Florida Statutes, are amended to read: 1607 339.651Strategic Intermodal System supply chain demands. 1608 (3)The department may shall make up to $20 million 1609 available each year for fiscal years 2023-2024 through 2027 1610 2028, from the existing work program revenues, to fund projects 1611 that meet the public purpose of providing increased capacity and 1612 enhanced capabilities to move and store construction aggregate. 1613 Applicants eligible for project funding under this section are 1614 seaports listed in s. 311.09 and rail lines and rail facilities. 1615 (7)This section shall stand repealed on July 1, 2028. 1616 Section 38.Paragraph (b) of subsection (6) of section 1617 341.051, Florida Statutes, is amended to read: 1618 341.051Administration and financing of public transit and 1619 intercity bus service programs and projects. 1620 (6)ANNUAL APPROPRIATION. 1621 (b)If funds are allocated to projects that qualify for the 1622 New Starts Transit Program in the current fiscal year and a 1623 project will not be ready for production by June 30, those funds 1624 must The remaining unallocated New Starts Transit Program funds 1625 as of June 30, 2024, shall be reallocated for the purpose of the 1626 Strategic Intermodal System within the State Transportation 1627 Trust Fund for the next fiscal year. This paragraph expires June 1628 30, 2026. 1629 1630 For purposes of this section, the term net operating costs 1631 means all operating costs of a project less any federal funds, 1632 fares, or other sources of income to the project. 1633 Section 39.Subsection (5) of section 348.754, Florida 1634 Statutes, is amended to read: 1635 348.754Purposes and powers. 1636 (5)The authority shall encourage the inclusion of local 1637 and small local-, small-, minority-, and women-owned businesses 1638 in its procurement and contracting opportunities. 1639 Section 40.Subsection (2) of section 349.03, Florida 1640 Statutes, is amended, and subsections (4) and (5) are added to 1641 that section, to read: 1642 349.03Jacksonville Transportation Authority. 1643 (2)The governing body of the authority shall be composed 1644 consist of seven members. Four Three members shall be appointed 1645 by the Governor and confirmed by the Senate. Of the four members 1646 appointed by the Governor, one must be a resident of Duval 1647 County and three must be residents of Clay County, St. Johns 1648 County, or Nassau County. Three members shall be appointed by 1649 the mayor of the City of Jacksonville subject to confirmation by 1650 the council of the City of Jacksonville. The seventh member 1651 shall be the district secretary of the Department of 1652 Transportation serving in the district that contains the City of 1653 Jacksonville. Except for the seventh member, Members appointed 1654 by the mayor of the City of Jacksonville must shall be residents 1655 and qualified electors of Duval County. 1656 (4)The authority shall follow the business development 1657 program established by the department pursuant to s. 337.027. 1658 (5)The authority shall establish protocols and systems in 1659 accordance with the requirements of ss. 112.061(16) and 1660 215.985(6) and (14) and post all related information on the 1661 authoritys publicly accessible website. 1662 Section 41.Paragraphs (j) and (m) of subsection (2) of 1663 section 110.205, Florida Statutes, are amended to read: 1664 110.205Career service; exemptions. 1665 (2)EXEMPT POSITIONS.The exempt positions that are not 1666 covered by this part include the following: 1667 (j)The appointed secretaries and the State Surgeon 1668 General, assistant secretaries, deputy secretaries, and deputy 1669 assistant secretaries of all departments; the executive 1670 directors, assistant executive directors, deputy executive 1671 directors, and deputy assistant executive directors of all 1672 departments; the directors of all divisions and those positions 1673 determined by the department to have managerial responsibilities 1674 comparable to such positions, which positions include, but are 1675 not limited to, program directors, assistant program directors, 1676 district administrators, deputy district administrators, the 1677 Director of Central Operations Services of the Department of 1678 Children and Families, the State Transportation Development 1679 Administrator, the State Public Transportation and Modal 1680 Administrator, district secretaries, district directors of 1681 transportation development, transportation operations, 1682 transportation support, and the managers of the offices of the 1683 Department of Transportation specified in s. 20.23(4)(b) s. 1684 20.23(3)(b). Unless otherwise fixed by law, the department shall 1685 set the salary and benefits of these positions and the positions 1686 of county health department directors and county health 1687 department administrators of the Department of Health in 1688 accordance with the rules of the Senior Management Service. 1689 (m)All assistant division director, deputy division 1690 director, and bureau chief positions in any department, and 1691 those positions determined by the department to have managerial 1692 responsibilities comparable to such positions, which include, 1693 but are not limited to: 1694 1.Positions in the Department of Health and the Department 1695 of Children and Families which are assigned primary duties of 1696 serving as the superintendent or assistant superintendent of an 1697 institution. 1698 2.Positions in the Department of Corrections which are 1699 assigned primary duties of serving as the warden, assistant 1700 warden, colonel, or major of an institution or that are assigned 1701 primary duties of serving as the circuit administrator or deputy 1702 circuit administrator. 1703 3.Positions in the Department of Transportation which are 1704 assigned primary duties of serving as regional toll managers and 1705 managers of offices, as specified in s. 20.23(4)(b) and (5)(c) 1706 s. 20.23(3)(b) and (4)(c). 1707 4.Positions in the Department of Environmental Protection 1708 which are assigned the duty of an Environmental Administrator or 1709 program administrator. 1710 5.Positions in the Department of Health which are assigned 1711 the duties of Environmental Administrator, Assistant County 1712 Health Department Director, and County Health Department 1713 Financial Administrator. 1714 6.Positions in the Department of Highway Safety and Motor 1715 Vehicles which are assigned primary duties of serving as 1716 captains in the Florida Highway Patrol. 1717 1718 Unless otherwise fixed by law, the department shall set the 1719 salary and benefits of the positions listed in this paragraph in 1720 accordance with the rules established for the Selected Exempt 1721 Service. 1722 Section 42.Paragraph (d) of subsection (3) of section 1723 322.27, Florida Statutes, is amended to read: 1724 322.27Authority of department to suspend or revoke driver 1725 license or identification card. 1726 (3)There is established a point system for evaluation of 1727 convictions of violations of motor vehicle laws or ordinances, 1728 and violations of applicable provisions of s. 403.413(6)(b) when 1729 such violations involve the use of motor vehicles, for the 1730 determination of the continuing qualification of any person to 1731 operate a motor vehicle. The department is authorized to suspend 1732 the license of any person upon showing of its records or other 1733 good and sufficient evidence that the licensee has been 1734 convicted of violation of motor vehicle laws or ordinances, or 1735 applicable provisions of s. 403.413(6)(b), amounting to 12 or 1736 more points as determined by the point system. The suspension 1737 shall be for a period of not more than 1 year. 1738 (d)The point system shall have as its basic element a 1739 graduated scale of points assigning relative values to 1740 convictions of the following violations: 1741 1.Reckless driving, willful and wanton4 points. 1742 2.Leaving the scene of a crash resulting in property 1743 damage of more than $506 points. 1744 3.Unlawful speed, or unlawful use of a wireless 1745 communications device, resulting in a crash6 points. 1746 4.Passing a stopped school bus: 1747 a.Not causing or resulting in serious bodily injury to or 1748 death of another4 points. 1749 b.Causing or resulting in serious bodily injury to or 1750 death of another6 points. 1751 c.Points may not be imposed for a violation of passing a 1752 stopped school bus as provided in s. 316.172(1)(a) or (b) when 1753 enforced by a school bus infraction detection system pursuant to 1754 s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b) 1755 when enforced by a school bus infraction detection system 1756 pursuant to s. 316.173 may not be used for purposes of setting 1757 motor vehicle insurance rates. 1758 5.Unlawful speed: 1759 a.Not in excess of 15 miles per hour of lawful or posted 1760 speed3 points. 1761 b.In excess of 15 miles per hour of lawful or posted 1762 speed4 points. 1763 c.Points may not be imposed for a violation of unlawful 1764 speed as provided in s. 316.1895 or s. 316.183 when enforced by 1765 a traffic infraction enforcement officer pursuant to s. 1766 316.1896. In addition, a violation of s. 316.1895 or s. 316.183 1767 when enforced by a traffic infraction enforcement officer 1768 pursuant to s. 316.1896 may not be used for purposes of setting 1769 motor vehicle insurance rates. 1770 6.A violation of a traffic control signal device as 1771 provided in s. 316.074(1) or s. 316.075(1)(c)1.4 points. 1772 However, points may not be imposed for a violation of s. 1773 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 1774 stop at a traffic signal and when enforced by a traffic 1775 infraction enforcement officer. In addition, a violation of s. 1776 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 1777 stop at a traffic signal and when enforced by a traffic 1778 infraction enforcement officer may not be used for purposes of 1779 setting motor vehicle insurance rates. 1780 7.Unlawfully driving a vehicle through a railroad-highway 1781 grade crossing6 points. 1782 8.All other moving violations (including parking on a 1783 highway outside the limits of a municipality)3 points. However, 1784 points may not be imposed for a violation of s. 316.0741 or s. 1785 316.2065(11); and points may be imposed for a violation of s. 1786 316.1001 only when imposed by the court after a hearing pursuant 1787 to s. 318.14(5). 1788 9.Any moving violation covered in this paragraph, 1789 excluding unlawful speed and unlawful use of a wireless 1790 communications device, resulting in a crash4 points. 1791 10.Any conviction under s. 403.413(6)(b)3 points. 1792 11.Any conviction under s. 316.0775(2)4 points. 1793 12.A moving violation covered in this paragraph which is 1794 committed in conjunction with the unlawful use of a wireless 1795 communications device within a school safety zone2 points, in 1796 addition to the points assigned for the moving violation. 1797 Section 43.Subsection (13) of section 365.172, Florida 1798 Statutes, is amended to read: 1799 365.172Emergency communications. 1800 (13)FACILITATING EMERGENCY COMMUNICATIONS SERVICE 1801 IMPLEMENTATION.To balance the public need for reliable 1802 emergency communications services through reliable wireless 1803 systems and the public interest served by governmental zoning 1804 and land development regulations and notwithstanding any other 1805 law or local ordinance to the contrary, the following standards 1806 shall apply to a local governments actions, as a regulatory 1807 body, in the regulation of the placement, construction, or 1808 modification of a wireless communications facility. This 1809 subsection may not, however, be construed to waive or alter the 1810 provisions of s. 286.011 or s. 286.0115. For the purposes of 1811 this subsection only, local government shall mean any 1812 municipality or county and any agency of a municipality or 1813 county only. The term local government does not, however, 1814 include any airport, as defined in s. 330.27 by s. 330.27(2), 1815 even if it is owned or controlled by or through a municipality, 1816 county, or agency of a municipality or county. Further, 1817 notwithstanding anything in this section to the contrary, this 1818 subsection does not apply to or control a local governments 1819 actions as a property or structure owner in the use of any 1820 property or structure owned by such entity for the placement, 1821 construction, or modification of wireless communications 1822 facilities. In the use of property or structures owned by the 1823 local government, however, a local government may not use its 1824 regulatory authority so as to avoid compliance with, or in a 1825 manner that does not advance, the provisions of this subsection. 1826 (a)Colocation among wireless providers is encouraged by 1827 the state. 1828 1.a.Colocations on towers, including nonconforming towers, 1829 that meet the requirements in sub-sub-subparagraphs (I), (II), 1830 and (III), are subject to only building permit review, which may 1831 include a review for compliance with this subparagraph. Such 1832 colocations are not subject to any design or placement 1833 requirements of the local governments land development 1834 regulations in effect at the time of the colocation that are 1835 more restrictive than those in effect at the time of the initial 1836 antennae placement approval, to any other portion of the land 1837 development regulations, or to public hearing review. This sub 1838 subparagraph may not preclude a public hearing for any appeal of 1839 the decision on the colocation application. 1840 (I)The colocation does not increase the height of the 1841 tower to which the antennae are to be attached, measured to the 1842 highest point of any part of the tower or any existing antenna 1843 attached to the tower; 1844 (II)The colocation does not increase the ground space 1845 area, commonly known as the compound, approved in the site plan 1846 for equipment enclosures and ancillary facilities; and 1847 (III)The colocation consists of antennae, equipment 1848 enclosures, and ancillary facilities that are of a design and 1849 configuration consistent with all applicable regulations, 1850 restrictions, or conditions, if any, applied to the initial 1851 antennae placed on the tower and to its accompanying equipment 1852 enclosures and ancillary facilities and, if applicable, applied 1853 to the tower supporting the antennae. Such regulations may 1854 include the design and aesthetic requirements, but not 1855 procedural requirements, other than those authorized by this 1856 section, of the local governments land development regulations 1857 in effect at the time the initial antennae placement was 1858 approved. 1859 b.Except for a historic building, structure, site, object, 1860 or district, or a tower included in sub-subparagraph a., 1861 colocations on all other existing structures that meet the 1862 requirements in sub-sub-subparagraphs (I)-(IV) shall be subject 1863 to no more than building permit review, and an administrative 1864 review for compliance with this subparagraph. Such colocations 1865 are not subject to any portion of the local governments land 1866 development regulations not addressed herein, or to public 1867 hearing review. This sub-subparagraph may not preclude a public 1868 hearing for any appeal of the decision on the colocation 1869 application. 1870 (I)The colocation does not increase the height of the 1871 existing structure to which the antennae are to be attached, 1872 measured to the highest point of any part of the structure or 1873 any existing antenna attached to the structure; 1874 (II)The colocation does not increase the ground space 1875 area, otherwise known as the compound, if any, approved in the 1876 site plan for equipment enclosures and ancillary facilities; 1877 (III)The colocation consists of antennae, equipment 1878 enclosures, and ancillary facilities that are of a design and 1879 configuration consistent with any applicable structural or 1880 aesthetic design requirements and any requirements for location 1881 on the structure, but not prohibitions or restrictions on the 1882 placement of additional colocations on the existing structure or 1883 procedural requirements, other than those authorized by this 1884 section, of the local governments land development regulations 1885 in effect at the time of the colocation application; and 1886 (IV)The colocation consists of antennae, equipment 1887 enclosures, and ancillary facilities that are of a design and 1888 configuration consistent with all applicable restrictions or 1889 conditions, if any, that do not conflict with sub-sub 1890 subparagraph (III) and were applied to the initial antennae 1891 placed on the structure and to its accompanying equipment 1892 enclosures and ancillary facilities and, if applicable, applied 1893 to the structure supporting the antennae. 1894 c.Regulations, restrictions, conditions, or permits of the 1895 local government, acting in its regulatory capacity, that limit 1896 the number of colocations or require review processes 1897 inconsistent with this subsection do not apply to colocations 1898 addressed in this subparagraph. 1899 d.If only a portion of the colocation does not meet the 1900 requirements of this subparagraph, such as an increase in the 1901 height of the proposed antennae over the existing structure 1902 height or a proposal to expand the ground space approved in the 1903 site plan for the equipment enclosure, where all other portions 1904 of the colocation meet the requirements of this subparagraph, 1905 that portion of the colocation only may be reviewed under the 1906 local governments regulations applicable to an initial 1907 placement of that portion of the facility, including, but not 1908 limited to, its land development regulations, and within the 1909 review timeframes of subparagraph (d)2., and the rest of the 1910 colocation shall be reviewed in accordance with this 1911 subparagraph. A colocation proposal under this subparagraph that 1912 increases the ground space area, otherwise known as the 1913 compound, approved in the original site plan for equipment 1914 enclosures and ancillary facilities by no more than a cumulative 1915 amount of 400 square feet or 50 percent of the original compound 1916 size, whichever is greater, shall, however, require no more than 1917 administrative review for compliance with the local governments 1918 regulations, including, but not limited to, land development 1919 regulations review, and building permit review, with no public 1920 hearing review. This sub-subparagraph does not preclude a public 1921 hearing for any appeal of the decision on the colocation 1922 application. 1923 2.If a colocation does not meet the requirements of 1924 subparagraph 1., the local government may review the application 1925 under the local governments regulations, including, but not 1926 limited to, land development regulations, applicable to the 1927 placement of initial antennae and their accompanying equipment 1928 enclosure and ancillary facilities. 1929 3.If a colocation meets the requirements of subparagraph 1930 1., the colocation may not be considered a modification to an 1931 existing structure or an impermissible modification of a 1932 nonconforming structure. 1933 4.The owner of the existing tower on which the proposed 1934 antennae are to be colocated shall remain responsible for 1935 compliance with any applicable condition or requirement of a 1936 permit or agreement, or any applicable condition or requirement 1937 of the land development regulations to which the existing tower 1938 had to comply at the time the tower was permitted, including any 1939 aesthetic requirements, provided the condition or requirement is 1940 not inconsistent with this paragraph. 1941 5.An existing tower, including a nonconforming tower, may 1942 be structurally modified in order to permit colocation or may be 1943 replaced through no more than administrative review and building 1944 permit review, and is not subject to public hearing review, if 1945 the overall height of the tower is not increased and, if a 1946 replacement, the replacement tower is a monopole tower or, if 1947 the existing tower is a camouflaged tower, the replacement tower 1948 is a like-camouflaged tower. This subparagraph may not preclude 1949 a public hearing for any appeal of the decision on the 1950 application. 1951 (b)1.A local governments land development and 1952 construction regulations for wireless communications facilities 1953 and the local governments review of an application for the 1954 placement, construction, or modification of a wireless 1955 communications facility shall only address land development or 1956 zoning issues. In such local government regulations or review, 1957 the local government may not require information on or evaluate 1958 a wireless providers business decisions about its service, 1959 customer demand for its service, or quality of its service to or 1960 from a particular area or site, unless the wireless provider 1961 voluntarily offers this information to the local government. In 1962 such local government regulations or review, a local government 1963 may not require information on or evaluate the wireless 1964 providers designed service unless the information or materials 1965 are directly related to an identified land development or zoning 1966 issue or unless the wireless provider voluntarily offers the 1967 information. Information or materials directly related to an 1968 identified land development or zoning issue may include, but are 1969 not limited to, evidence that no existing structure can 1970 reasonably be used for the antennae placement instead of the 1971 construction of a new tower, that residential areas cannot be 1972 served from outside the residential area, as addressed in 1973 subparagraph 3., or that the proposed height of a new tower or 1974 initial antennae placement or a proposed height increase of a 1975 modified tower, replacement tower, or colocation is necessary to 1976 provide the providers designed service. Nothing in this 1977 paragraph shall limit the local government from reviewing any 1978 applicable land development or zoning issue addressed in its 1979 adopted regulations that does not conflict with this section, 1980 including, but not limited to, aesthetics, landscaping, land 1981 use-based location priorities, structural design, and setbacks. 1982 2.Any setback or distance separation required of a tower 1983 may not exceed the minimum distance necessary, as determined by 1984 the local government, to satisfy the structural safety or 1985 aesthetic concerns that are to be protected by the setback or 1986 distance separation. 1987 3.A local government may exclude the placement of wireless 1988 communications facilities in a residential area or residential 1989 zoning district but only in a manner that does not constitute an 1990 actual or effective prohibition of the providers service in 1991 that residential area or zoning district. If a wireless provider 1992 demonstrates to the satisfaction of the local government that 1993 the provider cannot reasonably provide its service to the 1994 residential area or zone from outside the residential area or 1995 zone, the municipality or county and provider shall cooperate to 1996 determine an appropriate location for a wireless communications 1997 facility of an appropriate design within the residential area or 1998 zone. The local government may require that the wireless 1999 provider reimburse the reasonable costs incurred by the local 2000 government for this cooperative determination. An application 2001 for such cooperative determination may not be considered an 2002 application under paragraph (d). 2003 4.A local government may impose a reasonable fee on 2004 applications to place, construct, or modify a wireless 2005 communications facility only if a similar fee is imposed on 2006 applicants seeking other similar types of zoning, land use, or 2007 building permit review. A local government may impose fees for 2008 the review of applications for wireless communications 2009 facilities by consultants or experts who conduct code compliance 2010 review for the local government but any fee is limited to 2011 specifically identified reasonable expenses incurred in the 2012 review. A local government may impose reasonable surety 2013 requirements to ensure the removal of wireless communications 2014 facilities that are no longer being used. 2015 5.A local government may impose design requirements, such 2016 as requirements for designing towers to support colocation or 2017 aesthetic requirements, except as otherwise limited in this 2018 section, but may not impose or require information on compliance 2019 with building code type standards for the construction or 2020 modification of wireless communications facilities beyond those 2021 adopted by the local government under chapter 553 and that apply 2022 to all similar types of construction. 2023 (c)Local governments may not require wireless providers to 2024 provide evidence of a wireless communications facilitys 2025 compliance with federal regulations, except evidence of 2026 compliance with applicable Federal Aviation Administration 2027 requirements under 14 C.F.R. part 77, as amended, and evidence 2028 of proper Federal Communications Commission licensure, or other 2029 evidence of Federal Communications Commission authorized 2030 spectrum use, but may request the Federal Communications 2031 Commission to provide information as to a wireless providers 2032 compliance with federal regulations, as authorized by federal 2033 law. 2034 (d)1.A local government shall grant or deny each properly 2035 completed application for a colocation under subparagraph (a)1. 2036 based on the applications compliance with the local 2037 governments applicable regulations, as provided for in 2038 subparagraph (a)1. and consistent with this subsection, and 2039 within the normal timeframe for a similar building permit review 2040 but in no case later than 45 business days after the date the 2041 application is determined to be properly completed in accordance 2042 with this paragraph. 2043 2.A local government shall grant or deny each properly 2044 completed application for any other wireless communications 2045 facility based on the applications compliance with the local 2046 governments applicable regulations, including but not limited 2047 to land development regulations, consistent with this subsection 2048 and within the normal timeframe for a similar type review but in 2049 no case later than 90 business days after the date the 2050 application is determined to be properly completed in accordance 2051 with this paragraph. 2052 3.a.An application is deemed submitted or resubmitted on 2053 the date the application is received by the local government. If 2054 the local government does not notify the applicant in writing 2055 that the application is not completed in compliance with the 2056 local governments regulations within 20 business days after the 2057 date the application is initially submitted or additional 2058 information resubmitted, the application is deemed, for 2059 administrative purposes only, to be properly completed and 2060 properly submitted. However, the determination may not be deemed 2061 as an approval of the application. If the application is not 2062 completed in compliance with the local governments regulations, 2063 the local government shall so notify the applicant in writing 2064 and the notification must indicate with specificity any 2065 deficiencies in the required documents or deficiencies in the 2066 content of the required documents which, if cured, make the 2067 application properly completed. Upon resubmission of information 2068 to cure the stated deficiencies, the local government shall 2069 notify the applicant, in writing, within the normal timeframes 2070 of review, but in no case longer than 20 business days after the 2071 additional information is submitted, of any remaining 2072 deficiencies that must be cured. Deficiencies in document type 2073 or content not specified by the local government do not make the 2074 application incomplete. Notwithstanding this sub-subparagraph, 2075 if a specified deficiency is not properly cured when the 2076 applicant resubmits its application to comply with the notice of 2077 deficiencies, the local government may continue to request the 2078 information until such time as the specified deficiency is 2079 cured. The local government may establish reasonable timeframes 2080 within which the required information to cure the application 2081 deficiency is to be provided or the application will be 2082 considered withdrawn or closed. 2083 b.If the local government fails to grant or deny a 2084 properly completed application for a wireless communications 2085 facility within the timeframes set forth in this paragraph, the 2086 application shall be deemed automatically approved and the 2087 applicant may proceed with placement of the facilities without 2088 interference or penalty. The timeframes specified in 2089 subparagraph 2. may be extended only to the extent that the 2090 application has not been granted or denied because the local 2091 governments procedures generally applicable to all other 2092 similar types of applications require action by the governing 2093 body and such action has not taken place within the timeframes 2094 specified in subparagraph 2. Under such circumstances, the local 2095 government must act to either grant or deny the application at 2096 its next regularly scheduled meeting or, otherwise, the 2097 application is deemed to be automatically approved. 2098 c.To be effective, a waiver of the timeframes set forth in 2099 this paragraph must be voluntarily agreed to by the applicant 2100 and the local government. A local government may request, but 2101 not require, a waiver of the timeframes by the applicant, except 2102 that, with respect to a specific application, a one-time waiver 2103 may be required in the case of a declared local, state, or 2104 federal emergency that directly affects the administration of 2105 all permitting activities of the local government. 2106 (e)The replacement of or modification to a wireless 2107 communications facility, except a tower, that results in a 2108 wireless communications facility not readily discernibly 2109 different in size, type, and appearance when viewed from ground 2110 level from surrounding properties, and the replacement or 2111 modification of equipment that is not visible from surrounding 2112 properties, all as reasonably determined by the local 2113 government, are subject to no more than applicable building 2114 permit review. 2115 (f)Any other law to the contrary notwithstanding, the 2116 Department of Management Services shall negotiate, in the name 2117 of the state, leases for wireless communications facilities that 2118 provide access to state government-owned property not acquired 2119 for transportation purposes, and the Department of 2120 Transportation shall negotiate, in the name of the state, leases 2121 for wireless communications facilities that provide access to 2122 property acquired for state rights-of-way. On property acquired 2123 for transportation purposes, leases shall be granted in 2124 accordance with s. 337.251. On other state government-owned 2125 property, leases shall be granted on a space available, first 2126 come, first-served basis. Payments required by state government 2127 under a lease must be reasonable and must reflect the market 2128 rate for the use of the state government-owned property. The 2129 Department of Management Services and the Department of 2130 Transportation are authorized to adopt rules for the terms and 2131 conditions and granting of any such leases. 2132 (g)If any person adversely affected by any action, or 2133 failure to act, or regulation, or requirement of a local 2134 government in the review or regulation of the wireless 2135 communication facilities files an appeal or brings an 2136 appropriate action in a court or venue of competent 2137 jurisdiction, following the exhaustion of all administrative 2138 remedies, the matter shall be considered on an expedited basis. 2139 Section 44.Subsection (2) of section 379.2293, Florida 2140 Statutes, is amended to read: 2141 379.2293Airport activities within the scope of a federally 2142 approved wildlife hazard management plan or a federal or state 2143 permit or other authorization for depredation or harassment. 2144 (2)An airport authority or other entity owning or 2145 operating an airport, as defined in s. 330.27 s. 330.27(2), is 2146 not subject to any administrative or civil penalty, restriction, 2147 or other sanction with respect to any authorized action taken in 2148 a non-negligent manner for the purpose of protecting human life 2149 or aircraft safety from wildlife hazards. 2150 Section 45.Subsection (22) of section 493.6101, Florida 2151 Statutes, is amended to read: 2152 493.6101Definitions. 2153 (22)Repossession means the recovery of a motor vehicle 2154 as defined under s. 320.01(1), a mobile home as defined in s. 2155 320.01(2), a motorboat as defined under s. 327.02, an aircraft 2156 as defined in s. 330.27 s. 330.27(1), a personal watercraft as 2157 defined in s. 327.02, an all-terrain vehicle as defined in s. 2158 316.2074, farm equipment as defined under s. 686.402, or 2159 industrial equipment, by an individual who is authorized by the 2160 legal owner, lienholder, or lessor to recover, or to collect 2161 money payment in lieu of recovery of, that which has been sold 2162 or leased under a security agreement that contains a 2163 repossession clause. As used in this subsection, the term 2164 industrial equipment includes, but is not limited to, 2165 tractors, road rollers, cranes, forklifts, backhoes, and 2166 bulldozers. The term industrial equipment also includes other 2167 vehicles that are propelled by power other than muscular power 2168 and that are used in the manufacture of goods or used in the 2169 provision of services. A repossession is complete when a 2170 licensed recovery agent is in control, custody, and possession 2171 of such repossessed property. Property that is being repossessed 2172 shall be considered to be in the control, custody, and 2173 possession of a recovery agent if the property being repossessed 2174 is secured in preparation for transport from the site of the 2175 recovery by means of being attached to or placed on the towing 2176 or other transport vehicle or if the property being repossessed 2177 is being operated or about to be operated by an employee of the 2178 recovery agency. 2179 Section 46.Paragraph (c) of subsection (1) of section 2180 493.6403, Florida Statutes, is amended to read: 2181 493.6403License requirements. 2182 (1)In addition to the license requirements set forth in 2183 this chapter, each individual or agency shall comply with the 2184 following additional requirements: 2185 (c)An applicant for a Class E license shall have at 2186 least 1 year of lawfully gained, verifiable, full-time 2187 experience in one, or a combination of more than one, of the 2188 following: 2189 1.Repossession of motor vehicles as defined in s. 2190 320.01(1), mobile homes as defined in s. 320.01(2), motorboats 2191 as defined in s. 327.02, aircraft as defined in s. 330.27 s. 2192 330.27(1), personal watercraft as defined in s. 327.02, all 2193 terrain vehicles as defined in s. 316.2074, farm equipment as 2194 defined under s. 686.402, or industrial equipment as defined in 2195 s. 493.6101(22). 2196 2.Work as a Class EE licensed intern. 2197 Section 47.This act shall take effect July 1, 2025.