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Florida Senate - 2025 CS for CS for SB 1662 By the Appropriations Committee on Transportation, Tourism, and Economic Development; the Committee on Transportation; and Senator Collins 606-03456-25 20251662c2 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 and mission 18 of the institute; requiring the institute to report to 19 the department; providing for membership of the 20 institute; requiring the department to select a member 21 to serve as the administrative lead of the institute; 22 requiring 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 that the Florida Seaport Mission Plan 43 include certain recommendations; requiring each port 44 member of the council to submit a certain semiannual 45 report to the department; amending s. 311.10, F.S.; 46 requiring seaports located in specified counties to 47 include certain statements in any agreement with the 48 department as a condition of receiving certain grants 49 or state funds; requiring that express approval for 50 certain seaport conversions be obtained by specified 51 entities upon recommendation by the funding agency; 52 defining the term cargo purposes; amending s. 53 316.003, F.S.; revising the definition of the term 54 special mobile equipment; repealing s. 316.0741, 55 F.S., relating to high-occupancy-vehicle lanes; 56 amending s. 316.0745, F.S.; deleting language limiting 57 the state funds that may be withheld due to certain 58 violations by a public body or official to state funds 59 for traffic control purposes; providing that such 60 violations are cause for the withholding of state 61 funds deposited in the State Transportation Trust 62 Fund; amending s. 316.550, F.S.; authorizing the 63 Department of Transportation to issue a mobile crane 64 special blanket permit for certain purposes; amending 65 s. 330.27, F.S.; revising definitions and defining 66 terms; amending s. 330.30, F.S.; requiring a private 67 airport of public interest to obtain a certain 68 certificate from the department before allowing 69 aircraft operations; requiring certain private 70 airports to obtain a certain certificate from the 71 department by a specified date; amending s. 331.371, 72 F.S.; authorizing the department, in consultation with 73 the Department of Commerce and the Department of 74 Environmental Protection, to fund certain 75 infrastructure projects and projects associated with 76 certain critical infrastructure projects; requiring 77 such departments to coordinate in funding certain 78 projects for a specified purpose; amending s. 332.003, 79 F.S.; revising a short title; amending s. 332.005, 80 F.S.; requiring airports to provide the Department of 81 Transportation with the opportunity to use certain 82 airport property for a specified purpose during a 83 declared state of emergency; requiring that such use 84 be conducted pursuant to a written agreement after a 85 certain period of use; amending s. 332.006, F.S.; 86 deleting a requirement that the department meet 87 certain duties and responsibilities within the 88 resources provided pursuant to a specified chapter; 89 providing duties and responsibilities of the 90 department relating to certain educational services; 91 amending s. 332.007, F.S.; requiring commercial 92 service airports to establish and maintain a certain 93 program; defining the term airport infrastructure; 94 requiring that such airports provide a certain annual 95 certification to the department; requiring that a 96 certain program report be open to department 97 inspection and maintained for a specified period; 98 providing requirements for such program; revising the 99 list of projects for which the department must provide 100 priority funding; authorizing the department to fund 101 eligible projects performed by certain organizations 102 and postsecondary education institutions; providing 103 that certain programs are eligible projects; 104 authorizing the department to provide certain matching 105 funds; revising the circumstances in which the 106 department may fund strategic airport investment 107 projects; amending s. 332.0075, F.S.; revising 108 definitions; requiring that certain information remain 109 posted on a governing bodys website for a certain 110 period; revising the information that must be included 111 on such website; requiring the quarterly, rather than 112 annual, update of certain information; revising 113 information that the governing body of a commercial 114 service airport must submit to the department 115 annually; requiring a commercial service airport to 116 provide certain notifications to the department; 117 creating s. 332.15, F.S.; requiring the department to 118 address certain needs in the statewide aviation system 119 plan and the departments work program, designate a 120 certain subject matter expert, conduct a specified 121 review, and, in coordination with the Department of 122 Commerce, provide certain coordination and assistance 123 for the development of a viable advanced air mobility 124 system plan; amending s. 334.044, F.S.; revising the 125 powers and duties of the department; amending s. 126 334.045, F.S.; requiring certain measures developed 127 and adopted by the Florida Transportation Commission 128 to assess performance in a specified business 129 development program, instead of disadvantaged business 130 enterprise and minority business programs; amending s. 131 334.27, F.S.; providing powers of certain parking 132 authorities; authorizing parking authorities to engage 133 in certain activities upon entering into an interlocal 134 agreement with certain political subdivisions; 135 creating s. 334.62, F.S.; providing legislative 136 findings; establishing the Florida Transportation 137 Academy within the department; authorizing the 138 department to coordinate with certain entities for 139 specified purposes; amending s. 335.182, F.S.; 140 defining the term modification of an existing 141 connection; revising the definition of the term 142 significant change; amending s. 335.187, F.S.; 143 authorizing the department to modify or revoke certain 144 access permits by requiring modification of an 145 existing connection in certain circumstances; amending 146 s. 337.027, F.S.; revising the definition of the term 147 small business; amending s. 337.11, F.S.; requiring 148 the department to give consideration to small business 149 participation, instead of disadvantaged business 150 enterprise participation; repealing s. 337.125, F.S., 151 relating to socially and economically disadvantaged 152 business enterprises and notice requirements; 153 repealing s. 337.135, F.S., relating to socially and 154 economically disadvantaged business enterprises and 155 punishment for false representation; repealing s. 156 337.139, F.S., relating to efforts to encourage 157 awarding contracts to disadvantaged business 158 enterprises; amending s. 337.18, F.S.; authorizing the 159 Secretary of Transportation to require a surety bond 160 in an amount that is less than the awarded contract 161 price; amending s. 337.251, F.S.; revising factors 162 that may be considered by the department when 163 selecting certain proposals; amending s. 337.401, 164 F.S.; prohibiting a municipality from prohibiting, or 165 requiring a permit for, the installation of certain 166 public sewer transmission lines; amending s. 337.406, 167 F.S.; prohibiting camping on any portion of the right 168 of-way of the State Highway System; providing 169 applicability; amending s. 338.227, F.S.; revising the 170 purpose for which the department and the Department of 171 Management Services shall create and implement a 172 certain outreach program; amending s. 339.08, F.S.; 173 defining the term energy policy of the state; 174 prohibiting the department from expending state funds 175 to support projects or programs of certain entities in 176 certain circumstances; repealing s. 339.0805, F.S., 177 relating to funds to be expended with certified 178 disadvantaged business enterprises, a construction 179 management development program, and a bond guarantee 180 program; amending s. 339.2821, F.S.; requiring the 181 department to ensure that it is supportive of small 182 businesses, rather than ensuring that small and 183 minority businesses have equal access to participation 184 in certain transportation projects; repealing s. 185 339.287, F.S., relating to electric vehicle charging 186 stations and infrastructure plan development; amending 187 s. 339.651, F.S.; authorizing, rather than requiring, 188 the department to make a certain amount available from 189 the existing work program to fund certain projects 190 annually; deleting the scheduled repeal of provisions 191 relating to Strategic Intermodal System supply chain 192 demands; amending s. 341.051, F.S.; providing for the 193 reallocation of certain funds; deleting the scheduled 194 repeal of provisions providing for the reallocation of 195 certain funds; amending s. 348.754, F.S.; revising the 196 types of businesses the Central Florida Expressway 197 Authority is required to encourage the inclusion of in 198 certain opportunities; amending s. 349.03, F.S.; 199 revising membership requirements for the governing 200 body of the Jacksonville Transportation Authority; 201 amending ss. 110.205, 322.27, 365.172, 379.2293, 202 493.6101, and 493.6403, F.S.; conforming cross 203 references and provisions to changes made by the act; 204 providing an effective date. 205 206 Be It Enacted by the Legislature of the State of Florida: 207 208 Section 1.Present subsections (3) through (6) of section 209 20.23, Florida Statutes, are redesignated as subsections (4) 210 through (7), respectively, a new subsection (3) is added to that 211 section, and paragraph (d) of subsection (1), paragraphs (a), 212 (b), and (g) of subsection (2), and paragraph (b) of present 213 subsection (3) of that section are amended, to read: 214 20.23Department of Transportation.There is created a 215 Department of Transportation which shall be a decentralized 216 agency. 217 (1) 218 (d)The secretary may appoint up to three assistant 219 secretaries, who shall serve as the Chief Operations Officer, 220 Chief Finance and Administration Officer, and Chief Strategic 221 Development Officer, respectively; be directly responsible to 222 the secretary; and who shall perform such duties as are assigned 223 by the secretary. The secretary may also appoint an Executive 224 Director of Transportation Technology. Such assistant secretary 225 and executive director positions are exempt from career service 226 pursuant to s. 110.205(2)(j) and are included in the Senior 227 Management Service. The secretary shall designate to an 228 assistant secretary the duties related to enhancing economic 229 prosperity, including, but not limited to, the responsibility of 230 liaison with the head of economic development in the Executive 231 Office of the Governor. Such assistant secretary shall be 232 directly responsible for providing the Executive Office of the 233 Governor with investment opportunities and transportation 234 projects that expand the states role as a global hub for trade 235 and investment and enhance the supply chain system in the state 236 to process, assemble, and ship goods to markets throughout the 237 eastern United States, Canada, the Caribbean, and Latin America. 238 The secretary may delegate to any assistant secretary the 239 authority to act in the absence of the secretary. 240 (2)(a)1.The Florida Transportation Commission is hereby 241 created and shall be composed consist of nine members appointed 242 by the Governor subject to confirmation by the Senate. Members 243 of the commission shall serve terms of 4 years each. 244 2.Members shall be appointed in such a manner as to 245 equitably represent all geographic areas of the state. Each 246 member must be a registered voter and a citizen of the state. At 247 least three members of the commission must be representatives of 248 or possess expertise in the higher education, transportation, or 249 workforce development industries Each member of the commission 250 must also possess business managerial experience in the private 251 sector. 252 3.A member of the commission shall represent the 253 transportation needs of the state as a whole and may not 254 subordinate the needs of the state to those of any particular 255 area of the state. 256 4.The commission is assigned to the Office of the 257 Secretary of the Department of Transportation for administrative 258 and fiscal accountability purposes, but it shall otherwise 259 function independently of the control and direction of the 260 department. 261 (b)The commission shall: 262 1.Recommend major transportation policies for the 263 Governors approval and assure that approved policies and any 264 revisions are properly executed. 265 2.Periodically review the status of the state 266 transportation system, including highway, transit, rail, 267 seaport, intermodal development, and aviation components of the 268 system, and recommend improvements to the Governor and the 269 Legislature. 270 3.Perform an in-depth evaluation of the annual department 271 budget request, the Florida Transportation Plan, and the 272 tentative work program for compliance with all applicable laws 273 and established departmental policies. Except as specifically 274 provided in s. 339.135(4)(c)2., (d), and (f), the commission may 275 not consider individual construction projects but shall consider 276 methods of accomplishing the goals of the department in the most 277 effective, efficient, and businesslike manner. 278 4.Monitor the financial status of the department on a 279 regular basis to assure that the department is managing revenue 280 and bond proceeds responsibly and in accordance with law and 281 established policy. 282 5.Monitor on at least a quarterly basis the efficiency, 283 productivity, and management of the department using performance 284 and production standards developed by the commission pursuant to 285 s. 334.045. 286 6.Perform an in-depth evaluation of the factors causing 287 disruption of project schedules in the adopted work program and 288 recommend to the Governor and the Legislature methods to 289 eliminate or reduce the disruptive effects of these factors. 290 7.Recommend to the Governor and the Legislature 291 improvements to the departments organization in order to 292 streamline and optimize the efficiency of the department. In 293 reviewing the departments organization, the commission shall 294 determine if the current district organizational structure is 295 responsive to this states changing economic and demographic 296 development patterns. The report by the commission must be 297 delivered to the Governor and the Legislature by December 15 298 each year, as appropriate. The commission may retain experts as 299 necessary to carry out this subparagraph, and the department 300 shall pay the expenses of the experts. 301 8.Monitor the efficiency, productivity, and management of 302 the agencies and authorities created under chapters 348 and 349; 303 the Mid-Bay Bridge Authority re-created pursuant to chapter 304 2000-411, Laws of Florida; and any authority formed under 305 chapter 343; and any transit entity that receives funding under 306 the public transit block grant program pursuant to s. 341.052. 307 The commission shall also conduct periodic reviews of each 308 agencys and authoritys operations and budget, acquisition of 309 property, management of revenue and bond proceeds, and 310 compliance with applicable laws and generally accepted 311 accounting principles. 312 (g)A member of the commission shall follow the standards 313 of conduct for public officers provided in s. 112.313 may not 314 have any interest, direct or indirect, in any contract, 315 franchise, privilege, or other benefit granted or awarded by the 316 department during the term of his or her appointment and for 2 317 years after the termination of such appointment. 318 (3)The Legislature finds that the transportation industry 319 is critical to the economic future of this state and that the 320 competitiveness of the industry in this state depends upon the 321 development and maintenance of a qualified workforce and 322 cutting-edge research and innovation. The Legislature further 323 finds that the transportation industry in this state has varied 324 and complex workforce needs ranging from technical and 325 mechanical training to continuing education opportunities for 326 workers with advanced degrees and certifications. The timely 327 need also exists for coordinated research and innovation efforts 328 to promote emerging technologies and innovative construction 329 methods and tools and to address alternative funding mechanisms. 330 It is the intent of the Legislature to support programs designed 331 to address the workforce development needs of the states 332 transportation industry. 333 (a)The Florida Transportation Research Institute is 334 created as a consortium of higher education professionals. The 335 purpose of the institute is to drive cutting-edge research, 336 innovation, transformational technologies, and breakthrough 337 solutions and to support workforce development efforts that 338 contribute to this states transportation industry. 339 (b)The mission of the institute is to advance the states 340 transportation infrastructure and systems through research, 341 education, and engagement for a safer and more efficient, 342 resilient, and innovative movement of people and goods 343 throughout this state. 344 (c)The institute shall report to the department and shall 345 be composed of members from the University of Florida, Indian 346 River State College, the University of Central Florida, the 347 University of South Florida, and Florida International 348 University. The department shall select a member to serve as the 349 administrative lead of the institute. The department shall 350 assess the performance of the administrative lead periodically 351 to ensure accountability and assess the attainment of 352 performance goals. 353 (d)The Secretary of Transportation shall appoint a 354 representative of the department to serve as the executive 355 director of the institute. The department shall coordinate with 356 the members of the institute to adopt policies establishing the 357 institutes executive committee and mission statement. 358 (e)The institute may award grants in alignment with its 359 purpose. Such grants may be directed to member and nonmember 360 institutions that have a proven expertise relevant to the grant, 361 including not-for-profit organizations and institutions of 362 higher education. 363 (f)The department may allocate funds to the institute from 364 the State Transportation Trust Fund. The institute may expend 365 such funds for the institutes operations and programs to 366 support research and innovation projects that provide solutions 367 for this states transportation needs. 368 (g)The institute shall submit an annual report of 369 performance metrics to the Secretary of Transportation and the 370 commission. The report must include, but is not limited to, 371 expenditures of funds allocated to the institute by the 372 department, ongoing and proposed research efforts, and the 373 application and success of past research efforts. 374 (4)(3) 375 (b)The secretary may appoint positions at the level of 376 deputy assistant secretary or director which the secretary deems 377 necessary to accomplish the mission and goals of the department, 378 including, but not limited to, the areas of program 379 responsibility provided in this paragraph, each of whom shall be 380 appointed by and serve at the pleasure of the secretary. The 381 secretary may combine, separate, or delete offices as needed in 382 consultation with the Executive Office of the Governor. The 383 departments areas of program responsibility include, but are 384 not limited to, all of the following: 385 1.Administration. 386 2.Planning. 387 3.Supply chain and modal development. 388 4.Design. 389 5.Highway operations. 390 6.Right-of-way. 391 7.Toll operations. 392 8.Transportation technology. 393 9.Information technology systems. 394 10.Motor carrier weight inspection. 395 11.Work program and budget. 396 12.Comptroller. 397 13.Construction. 398 14.Statewide corridors. 399 15.Maintenance. 400 16.Forecasting and performance. 401 17.Emergency management. 402 18.Safety. 403 19.Materials. 404 20.Infrastructure and innovation. 405 21.Permitting. 406 22.Traffic operations. 407 23.Operational technology. 408 Section 2.Paragraph (b) of subsection (3) of section 409 311.07, Florida Statutes, is amended to read: 410 311.07Florida seaport transportation and economic 411 development funding. 412 (3) 413 (b)Projects eligible for funding by grants under the 414 program are limited to the following port facilities or port 415 transportation projects: 416 1.Transportation facilities within the jurisdiction of the 417 port. 418 2.The dredging or deepening of channels, turning basins, 419 or harbors. 420 3.The construction or rehabilitation of wharves, docks, 421 structures, jetties, piers, storage facilities, cruise 422 terminals, automated people mover systems, or any facilities 423 necessary or useful in connection with any of the foregoing. 424 4.The acquisition of vessel tracking systems, container 425 cranes, or other mechanized equipment used in the movement of 426 cargo or passengers in international commerce. 427 5.The acquisition of land to be used for port purposes. 428 6.The acquisition, improvement, enlargement, or extension 429 of existing port facilities. 430 7.Environmental protection projects which are necessary 431 because of requirements imposed by a state agency as a condition 432 of a permit or other form of state approval; which are necessary 433 for environmental mitigation required as a condition of a state, 434 federal, or local environmental permit; which are necessary for 435 the acquisition of spoil disposal sites and improvements to 436 existing and future spoil sites; or which result from the 437 funding of eligible projects listed in this paragraph. 438 8.Transportation facilities as defined in s. 334.03(30) 439 which are not otherwise part of the Department of 440 Transportations adopted work program. 441 9.Intermodal access projects. 442 10.Construction or rehabilitation of port facilities as 443 defined in s. 315.02, excluding any park or recreational 444 facilities, in ports listed in s. 311.09(1) with operating 445 revenues of $5 million or less, provided that such projects 446 create economic development opportunities, capital improvements, 447 and positive financial returns to such ports. 448 11.Seaport master plan or strategic plan development or 449 updates, including the purchase of data to support such plans. 450 12.Spaceport or space industry-related planning or 451 construction of facilities on seaport property which are 452 necessary or useful for advancing the space industry in this 453 state and provide an economic benefit to this state. 454 13.Commercial shipbuilding and manufacturing facilities on 455 seaport property, if such projects provide an economic benefit 456 to the community in which the seaport is located. 457 Section 3.Subsections (1) and (3) of section 311.09, 458 Florida Statutes, are amended to read: 459 311.09Florida Seaport Transportation and Economic 460 Development Council. 461 (1)The Florida Seaport Transportation and Economic 462 Development Council is created within the Department of 463 Transportation. The purpose of the council is to support the 464 growth of seaports in this state through review, development, 465 and financing of port transportation and port facilities. The 466 council is composed consists of the following 18 members: the 467 port director, or the port directors designee, of each of the 468 ports of Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, 469 Palm Beach, Port Everglades, Miami, Port Manatee, St. 470 Petersburg, Putnam County, Tampa, Port St. Joe, Panama City, 471 Pensacola, Key West, and Fernandina; the secretary of the 472 Department of Transportation or his or her designee; and the 473 secretary of the Department of Commerce or his or her designee. 474 (3)The council shall prepare a 5-year Florida Seaport 475 Mission Plan defining the goals and objectives of the council 476 concerning the development of port facilities and an intermodal 477 transportation system consistent with the goals of the Florida 478 Transportation Plan developed pursuant to s. 339.155. The 479 Florida Seaport Mission Plan shall include specific 480 recommendations for the construction of transportation 481 facilities connecting any port to another transportation mode, 482 the construction of transportation facilities connecting any 483 port to the space and aerospace industries, and for the 484 efficient, cost-effective development of transportation 485 facilities or port facilities for the purpose of enhancing 486 trade, promoting cargo flow, increasing cruise passenger 487 movements, increasing port revenues, and providing economic 488 benefits to the state. The council shall develop a priority list 489 of projects based on these recommendations annually and submit 490 the list to the Department of Transportation. The council shall 491 update the 5-year Florida Seaport Mission Plan annually and 492 shall submit the plan no later than February 1 of each year to 493 the President of the Senate, the Speaker of the House of 494 Representatives, the Department of Commerce, and the Department 495 of Transportation. The council shall develop programs, based on 496 an examination of existing programs in Florida and other states, 497 for the training of minorities and secondary school students in 498 job skills associated with employment opportunities in the 499 maritime industry, and report on progress and recommendations 500 for further action to the President of the Senate and the 501 Speaker of the House of Representatives annually. Each port 502 member of the council shall submit a semiannual report related 503 to his or her ports operations and support of the states 504 economic competitiveness and supply chain. Reports must be 505 submitted to the Department of Transportation and include any 506 information required by the Department of Transportation in 507 consultation with the Department of Commerce. Such reports must 508 include, but are not limited to, all of the following 509 information: 510 (a)Bulk break capacity. 511 (b)Liquid storage and capacity. 512 (c)Fuel storage and capacity. 513 (d)Container capacity. 514 (e)A description of any supply chain disruption. 515 Section 4.Subsection (4) is added to section 311.10, 516 Florida Statutes, to read: 517 311.10Strategic Port Investment Initiative. 518 (4)As a condition of receiving a project grant under any 519 program established in this chapter and as a condition of 520 receiving state funds as described in s. 215.31, a seaport 521 located in any county identified in s. 331.304(1), (5), or (7) 522 must include in any agreement with the Department of 523 Transportation that the seaport may not convert any planned or 524 existing land, facility, or infrastructure designated for cargo 525 purposes to any alternative purpose unless the conversion is 526 approved by the seaport at a publicly noticed meeting as a 527 separate line item on the agenda and with a reasonable 528 opportunity for public comment. If the conversion is approved by 529 the seaport, express approval must be obtained by the Florida 530 Seaport Transportation and Economic Development Council and the 531 Florida Transportation Commission upon recommendation by the 532 funding agency. As used in this subsection, the term cargo 533 purposes includes, but is not limited to, any facility, 534 activity, property, energy source, or infrastructure asset that 535 supports spaceport activities. 536 Section 5.Subsection (83) of section 316.003, Florida 537 Statutes, is amended to read: 538 316.003Definitions.The following words and phrases, when 539 used in this chapter, shall have the meanings respectively 540 ascribed to them in this section, except where the context 541 otherwise requires: 542 (83)SPECIAL MOBILE EQUIPMENT.Any vehicle not designed or 543 used primarily for the transportation of persons or property and 544 only incidentally operated or moved over a highway, including, 545 but not limited to, ditchdigging apparatus, well-boring 546 apparatus, and road construction and maintenance machinery, such 547 as asphalt spreaders, bituminous mixers, bucket loaders, 548 tractors other than truck tractors, ditchers, leveling graders, 549 finishing machines, motor graders, road rollers, scarifiers, 550 earthmoving carryalls and scrapers, power shovels and draglines, 551 mobile and self-propelled cranes and accessory support vehicles, 552 and earthmoving equipment. The term does not include house 553 trailers, dump trucks, truck-mounted transit mixers, cranes or 554 shovels, or other vehicles designed for the transportation of 555 persons or property to which machinery has been attached. 556 Section 6.Section 316.0741, Florida Statutes, is repealed. 557 Section 7.Subsection (7) of section 316.0745, Florida 558 Statutes, is amended to read: 559 316.0745Uniform signals and devices. 560 (7)The Department of Transportation may, upon receipt and 561 investigation of reported noncompliance and after hearing 562 pursuant to 14 days notice, direct the removal of any purported 563 traffic control device that fails to meet the requirements of 564 this section, wherever the device is located and without regard 565 to assigned responsibility under s. 316.1895. The public agency 566 erecting or installing the same shall immediately bring it into 567 compliance with the requirements of this section or remove said 568 device or signal upon the direction of the Department of 569 Transportation and may not, for a period of 5 years, install any 570 replacement or new traffic control devices paid for in part or 571 in full with revenues raised by the state unless written prior 572 approval is received from the Department of Transportation. Any 573 additional violation by a public body or official shall be cause 574 for the withholding of state funds deposited in the State 575 Transportation Trust Fund for traffic control purposes until 576 such public body or official demonstrates to the Department of 577 Transportation that it is complying with this section. 578 Section 8.Subsection (3) of section 316.550, Florida 579 Statutes, is amended to read: 580 316.550Operations not in conformity with law; special 581 permits. 582 (3)Notwithstanding subsection (2), the Department of 583 Transportation may issue a mobile crane special blanket permit 584 for any of the following purposes: 585 (a)To authorize a mobile crane to operate on and A permit 586 may authorize a self-propelled truck crane operating off the 587 Interstate Highway System while towing to tow a motor vehicle 588 that which does not weigh more than 5,000 pounds if the combined 589 weight of the crane and such motor vehicle does not exceed 590 95,000 pounds. Notwithstanding s. 320.01(7) or (12), mobile 591 truck cranes that tow another motor vehicle under the provision 592 of this subsection shall be taxed under the provisions of s. 593 320.08(5)(b). 594 (b)To authorize a mobile crane and accessory support 595 vehicles that are up to 12 feet in width, 14 feet 6 inches in 596 height, and 100 feet in length to operate on and off the 597 Interstate Highway System at all hours except as restricted 598 under a local travel-related curfew. 599 (c)To authorize a mobile crane and accessory support 600 vehicles that, due to their design for special use, exceed the 601 weight limits established in s. 316.535 to operate on and off 602 the Interstate Highway System. 603 Section 9.Section 330.27, Florida Statutes, is amended to 604 read: 605 330.27Definitions, when used in ss. 330.29-330.39. 606 (1)Air ambulance operation means a flight with a patient 607 or medical personnel on board for the purpose of medical 608 transportation. 609 (2)Aircraft means a powered or unpowered machine or 610 device capable of atmospheric flight, including, but not limited 611 to, an airplane, an autogyro, a glider, a gyrodyne, a 612 helicopter, a lift and cruise, a multicopter, paramotors, a 613 powered lift, a seaplane, a tiltrotor, an ultralight, and a 614 vectored thrust. The term does not include except a parachute or 615 other such device used primarily as safety equipment. 616 (3)(2)Airport means a specific an area of land or water 617 or a structure used for, or intended to be used for, aircraft 618 operations, which may include landing and takeoff of aircraft, 619 including appurtenant areas, buildings, facilities, or rights 620 of-way necessary to facilitate such use or intended use. The 621 term includes, but is not limited to, airparks, airports, 622 gliderports, heliports, helistops, seaplane bases, ultralight 623 flightparks, vertiports, and vertistops. 624 (4)Commercial air tour operation means a flight 625 conducted for compensation or hire in an aircraft where a 626 purpose of the flight is sightseeing. 627 (5)Commuter operation means any scheduled operation 628 conducted by a person operating an aircraft with a frequency of 629 operations of at least five round trips per week on at least one 630 route between two or more points according to the published 631 flight schedule. 632 (6)(3)Department means the Department of Transportation. 633 (7)(4)Limited airport means any airport limited 634 exclusively to the specific conditions stated on the site 635 approval order or license. 636 (8)On-demand operation means any scheduled passenger 637 carrying operation for compensation or hire conducted by a 638 person operating an aircraft with a frequency of operations of 639 fewer than five round trips per week on at least one route 640 between two or more points according to the published flight 641 schedule. 642 (9)(5)Private airport means an airport, publicly or 643 privately owned, which is not open or available for use by the 644 public, but may be made available to others by invitation of the 645 owner or manager. 646 (10)Private airport of public interest means a private 647 airport engaged in air ambulance operations, commercial air tour 648 operations, commuter operations, on-demand operations, public 649 charter operations, scheduled operations, or supplemental 650 operations. 651 (11)(6)Public airport means an airport, publicly or 652 privately owned, which is open for use by the public. 653 (12)Public charter operation means a one-way or round 654 trip charter flight performed by one or more direct air carriers 655 which is arranged and sponsored by a charter operator. 656 (13)Scheduled operation means any common carriage 657 passenger-carrying operation for compensation or hire conducted 658 by an air carrier or commercial operator for which the 659 certificateholder or its representative offers in advance the 660 departure location, departure time, and arrival location. 661 (14)Supplemental operation means any common carriage 662 operation for compensation or hire conducted with an aircraft 663 for which the departure time, departure location, and arrival 664 location are specifically negotiated with the customer or 665 customers representative. 666 (15)(7)Temporary airport means an airport at which 667 flight operations are conducted under visual flight rules 668 established by the Federal Aviation Administration and which is 669 used for less than 30 consecutive days with no more than 10 670 operations per day. 671 (8)Ultralight aircraft means any aircraft meeting the 672 criteria established by part 103 of the Federal Aviation 673 Regulations. 674 Section 10.Subsections (2) and (4) of section 330.30, 675 Florida Statutes, are amended to read: 676 330.30Approval of airport sites; registration, 677 certification, and licensure of airports. 678 (2)LICENSES, CERTIFICATIONS, AND REGISTRATIONS; 679 REQUIREMENTS, RENEWAL, REVOCATION. 680 (a)Except as provided in subsection (3), the owner or 681 lessee of an airport in this state shall have a public airport 682 license, private airport registration, or temporary airport 683 registration before the operation of aircraft to or from the 684 airport. Application for a license or registration shall be made 685 in a form and manner prescribed by the department. 686 1.For a public airport, upon granting site approval, the 687 department shall issue a license after a final airport 688 inspection finds the airport to be in compliance with all 689 requirements for the license. The license may be subject to any 690 reasonable conditions the department deems necessary to protect 691 the public health, safety, or welfare. 692 2.For a private airport, upon granting site approval, the 693 department shall provide controlled electronic access to the 694 state aviation facility data system to permit the applicant to 695 complete the registration process. Registration shall be 696 completed upon self-certification by the registrant of 697 operational and configuration data deemed necessary by the 698 department. 699 3.For a temporary airport, the department must publish 700 notice of receipt of a completed registration application in the 701 next available publication of the Florida Administrative 702 Register and may not approve a registration application less 703 than 14 days after the date of publication of the notice. The 704 department must approve or deny a registration application 705 within 30 days after receipt of a completed application and must 706 issue the temporary airport registration concurrent with the 707 airport site approval. A completed registration application that 708 is not approved or denied within 30 days after the department 709 receives the completed application is considered approved and 710 shall be issued, subject to such reasonable conditions as are 711 authorized by law. An applicant seeking to claim registration by 712 default under this subparagraph must notify the agency clerk of 713 the department, in writing, of the intent to rely upon the 714 default registration provision of this subparagraph and may not 715 take any action based upon the default registration until after 716 receipt of such notice by the agency clerk. 717 4.A private airport of public interest must obtain a 718 certificate from the department before allowing aircraft 719 operations. The department shall issue a certificate after a 720 final inspection finds the airport to be in compliance with all 721 certificate requirements. The certificate is subject to any 722 reasonable conditions the department deems necessary to protect 723 the public. A private airport that was engaged in operations 724 associated with a private airport of public interest on or 725 before July 1, 2025, must obtain a certificate from the 726 department by July 1, 2030. 727 (b)The department may license a public airport that does 728 not meet standards only if it determines that such exception is 729 justified by unusual circumstances or is in the interest of 730 public convenience and does not endanger the public health, 731 safety, or welfare. Such a license shall bear the designation 732 special and shall state the conditions subject to which the 733 license is granted. 734 (c)A temporary airport license or registration shall be 735 valid for less than 30 days and is not renewable. The department 736 may not approve a subsequent temporary airport registration 737 application for the same general location if the purpose or 738 effect is to evade otherwise applicable airport permitting or 739 licensure requirements. 740 (d)1.Each public airport license shall expire no later 741 than 1 year after the effective date of the license, except that 742 the expiration date of a license may be adjusted to provide a 743 maximum license period of 18 months to facilitate airport 744 inspections, recognize seasonal airport operations, or improve 745 administrative efficiency. 746 2.Registration for private airports shall remain valid 747 provided specific elements of airport data, established by the 748 department, are periodically recertified by the airport 749 registrant. The ability to recertify private airport 750 registration data shall be available at all times by electronic 751 submittal. A private airport registration that has not been 752 recertified in the 24-month period following the last 753 certification shall expire, unless the registration period has 754 been adjusted by the department for purposes of informing 755 private airport owners of their registration responsibilities or 756 promoting administrative efficiency. The expiration date of the 757 current registration period will be clearly identifiable from 758 the state aviation facility data system. 759 3.The effective date and expiration date shall be shown on 760 public airport licenses. Upon receiving an application for 761 renewal of an airport license in a form and manner prescribed by 762 the department and receiving a favorable inspection report 763 indicating compliance with all applicable requirements and 764 conditions, the department shall renew the license, subject to 765 any conditions deemed necessary to protect the public health, 766 safety, or welfare. 767 4.The department may require a new site approval for any 768 airport if the license or registration has expired. 769 5.If the renewal application for a public airport license 770 has not been received by the department or no private airport 771 registration recertification has been accomplished within 15 772 days after the date of expiration, the department may revoke the 773 airport license or registration. 774 6.After initial registration, the department may issue a 775 certificate to a private airport of public interest if the 776 airport is found, after a physical inspection, to be in 777 compliance with all certificate requirements. The certificate is 778 subject to any reasonable condition that the department deems 779 necessary to protect the public health, safety, or welfare. A 780 private airport of public interest certificate expires 5 years 781 after the effective date of the certificate. 782 (e)The department may revoke, or refuse to allow or issue, 783 any airport registration or recertification, or any license or 784 license renewal, if it determines: 785 1.That the site has been abandoned as an airport; 786 2.That the airport does not comply with the conditions of 787 the license, license renewal, or site approval; 788 3.That the airport has become either unsafe or unusable 789 for flight operation due to physical or legal changes in 790 conditions that were the subject of approval; or 791 4.That an airport required to file or update a security 792 plan pursuant to paragraph (f) has failed to do so. 793 (f)1.After initial licensure, a license of a publicly or 794 privately owned general aviation airport that is open to the 795 public, that has at least one runway greater than 4,999 feet in 796 length, and that does not host scheduled passenger-carrying 797 commercial service operations regulated under 14 C.F.R. part 139 798 shall not be renewed or reissued unless an approved security 799 plan has been filed with the department, except when the 800 department determines that the airport is working in good faith 801 toward completion and filing of the plan. 802 2.Security plans required by this paragraph must be 803 developed in accordance with the 2004 Security Planning for 804 General Aviation Airports guidelines published by the Florida 805 Airports Council. Certain administrative data from the approved 806 security plan shall be submitted to the Department of Law 807 Enforcement, in a format prescribed by the Department of Law 808 Enforcement, for use in protecting critical infrastructure of 809 the state. 810 3.The department shall not approve a security plan for 811 filing unless it is consistent with Florida Airports Council 812 guidelines. 813 4.An airport required to file a security plan pursuant to 814 this paragraph shall update its plan at least once every 2 years 815 after the initial filing date and file the updated plan with the 816 department. The department shall review the updated plan prior 817 to approving it for filing to determine whether it is consistent 818 with Florida Airports Council guidelines. No renewal license 819 shall be issued to the airport unless the department approves 820 the updated security plan or determines that the airport is 821 working in good faith to update it. 822 (4)EXCEPTIONS.Private airports with 10 or more based 823 aircraft may request to be inspected and licensed by the 824 department. Private airports licensed according to this 825 subsection shall be considered private airports as defined in s. 826 330.27 s. 330.27(5) in all other respects. 827 Section 11.Section 331.371, Florida Statutes, is amended 828 to read: 829 331.371Strategic space infrastructure investment. 830 (1)In consultation with Space Florida, the Department of 831 Transportation may fund spaceport discretionary capacity 832 improvement projects, as defined in s. 331.303, at up to 100 833 percent of the projects cost if: 834 (a)(1)Important access and on-spaceport-territory space 835 transportation capacity improvements are provided; 836 (b)(2)Capital improvements that strategically position the 837 state to maximize opportunities in international trade are 838 achieved; 839 (c)(3)Goals of an integrated intermodal transportation 840 system for the state are achieved; and 841 (d)(4)Feasibility and availability of matching funds 842 through federal, local, or private partners are demonstrated. 843 (2)(a)In consultation with the Department of Commerce and 844 the Department of Environmental Protection, the Department of 845 Transportation may fund infrastructure projects, and projects 846 associated with critical infrastructure facilities as defined in 847 s. 692.201, within or outside of a spaceport territory as long 848 as the project supports aerospace or launch support facilities 849 within an adjacent spaceport territory boundary. 850 (b)The Department of Transportation, the Department of 851 Commerce, and the Department of Environmental Protection shall 852 coordinate in funding projects under this subsection to optimize 853 the use of available funds. 854 Section 12.Section 332.003, Florida Statutes, is amended 855 to read: 856 332.003Florida Airport Development and Accountability 857 Assistance Act; short title.Sections 332.003-332.007 may be 858 cited as the Florida Airport Development and Accountability 859 Assistance Act. 860 Section 13.Section 332.005, Florida Statutes, is amended 861 to read: 862 332.005Restrictions on authority of Department of 863 Transportation. 864 (1)This act specifically prohibits the Department of 865 Transportation from regulating commercial air carriers operating 866 within the state pursuant to federal authority and regulations; 867 from participating in or exercising control in the management 868 and operation of a sponsors airport, except when officially 869 requested by the sponsor; or from expanding the design or 870 operational capability of the department in the area of airport 871 and aviation consultants contract work, other than to provide 872 technical assistance as requested. 873 (2)(a)Notwithstanding subsection (1), upon the declaration 874 of a state of emergency issued by the Governor in preparation 875 for or in response to a natural disaster, airports shall, at no 876 cost to the state, provide the Department of Transportation with 877 the opportunity to use any property that is not within the air 878 navigation facility as defined in s. 332.01(4) for the staging 879 of equipment and personnel to support emergency preparedness and 880 response operations. 881 (b)After 60 days of use under paragraph (a), any further 882 use of airport property by the Department of Transportation must 883 be conducted pursuant to a written agreement between the airport 884 and the department. 885 Section 14.Section 332.006, Florida Statutes, is amended 886 to read: 887 332.006Duties and responsibilities of the Department of 888 Transportation.The Department of Transportation shall, within 889 the resources provided to the department pursuant to chapter 890 216: 891 (1)Provide coordination and assistance for the development 892 of a viable aviation system in this state. To support the 893 system, a statewide aviation system plan shall be developed and 894 periodically updated which summarizes 5-year, 10-year, and 20 895 year airport and aviation needs within the state. The statewide 896 aviation system plan shall be consistent with the goals of the 897 Florida Transportation Plan developed pursuant to s. 339.155. 898 The statewide aviation system plan shall not preempt local 899 airport master plans adopted in compliance with federal and 900 state requirements. 901 (2)Advise and assist the Governor in all aviation matters. 902 (3)Upon request, assist airport sponsors, both financially 903 and technically, in airport master planning. 904 (4)Upon request, provide financial and technical 905 assistance to public agencies which operate public-use airports 906 by making department personnel and department-owned facilities 907 and equipment available on a cost-reimbursement basis to such 908 agencies for special needs of limited duration. The requirement 909 relating to reimbursement of personnel costs may be waived by 910 the department in those cases in which the assistance provided 911 by its personnel was of a limited nature or duration. 912 (5)Participate in research and development programs 913 relating to airports. 914 (6)Administer department participation in the program of 915 aviation and airport grants as provided for in ss. 332.003 916 332.007. 917 (7)Develop, promote, and distribute supporting information 918 and educational services, including, but not limited to, 919 educational services with a focus on retention and growth of the 920 aviation industry workforce. 921 (8)Encourage the maximum allocation of federal funds to 922 local airport projects in this state. 923 (9)Support the development of land located within the 924 boundaries of airports for the purpose of industrial or other 925 uses compatible with airport operations with the objective of 926 assisting airports in this state to become fiscally self 927 supporting. Such assistance may include providing state moneys 928 on a matching basis to airport sponsors for capital 929 improvements, including, but not limited to, fixed-base 930 operation facilities, parking areas, industrial park utility 931 systems, and road and rail transportation systems which are on 932 airport property. 933 Section 15.Subsection (5), paragraph (a) of subsection 934 (7), and subsections (8) and (9) of section 332.007, Florida 935 Statutes, are amended, and paragraph (c) is added to subsection 936 (2) of that section, to read: 937 332.007Administration and financing of aviation and 938 airport programs and projects; state plan. 939 (2) 940 (c)Each commercial service airport as defined in s. 941 332.0075 shall establish and maintain a comprehensive airport 942 infrastructure program to ensure the ongoing preservation of 943 airport infrastructure and facilities in safe and serviceable 944 condition. For purposes of this paragraph, the term airport 945 infrastructure means the facilities, systems, and structural 946 components of an airport necessary for the safe and efficient 947 movement of people and goods. Beginning November 1, 2025, and 948 annually thereafter, each commercial service airport shall 949 provide a certification to the department, in a manner 950 prescribed by the department, that it has established and 951 maintains a comprehensive airport infrastructure program. The 952 comprehensive airport infrastructure program report, and related 953 documents and records, must be open to inspection by the 954 department and maintained by the airport for at least 5 years. 955 The comprehensive airport infrastructure program must, at a 956 minimum, include all of the following: 957 1.Identification of airport infrastructure subject to 958 inspection and the schedule for the completion of such 959 inspections, taking into consideration the age, type, intended 960 use, and criticality of the infrastructure to undisrupted 961 commercial or cargo operations. 962 2.A preventative maintenance program for routine 963 maintenance of airport infrastructure, for both commercial and 964 cargo operations. 965 3.A plan to complete any necessary repairs to, or 966 rehabilitation or reconstruction of, airport infrastructure, 967 including prioritization and anticipated timeframe for 968 completion of the work. 969 4.A progress report of inspections and their outcomes, 970 preventative maintenance, and previously identified repair to, 971 or rehabilitation or reconstruction of, airport infrastructure. 972 The progress report must include any changes in timeline for 973 completion, changes in cost estimates, and reasons any 974 inspection, preventative maintenance, or repair or 975 rehabilitation did not take place. 976 (5)Only those projects or programs provided for in this 977 act that will contribute to the implementation of the state 978 aviation system plan, that are consistent with the energy policy 979 of the state as defined in s. 339.08(6)(a), that are consistent 980 with and will contribute to the implementation of any airport 981 master plan or layout plan, and that are consistent, to the 982 maximum extent feasible, with the approved local government 983 comprehensive plans of the units of government in which the 984 airport is located are eligible for the expenditure of state 985 funds in accordance with fund participation rates and priorities 986 established herein. 987 (7)Subject to the availability of appropriated funds in 988 addition to aviation fuel tax revenues, the department may 989 participate in the capital cost of eligible public airport and 990 aviation discretionary capacity improvement projects. The annual 991 legislative budget request shall be based on the funding 992 required for discretionary capacity improvement projects in the 993 aviation and airport work program. 994 (a)The department shall provide priority funding in 995 support of: 996 1.Terminal and parking expansion projects that increase 997 capacity at airports providing commercial service in counties 998 with a population of 500,000 or less. 999 2.Land acquisition which provides additional capacity at 1000 the qualifying international airport or at that airports 1001 supplemental air carrier airport. 1002 3.2.Runway and taxiway projects that add capacity or are 1003 necessary to accommodate technological changes in the aviation 1004 industry. 1005 4.3.Airport access transportation projects that improve 1006 direct airport access and are approved by the airport sponsor. 1007 5.4.International terminal projects that increase 1008 international gate capacity. 1009 6.Projects that improve safety and efficiency of airport 1010 operations. 1011 7.Emerging technology projects, workforce development 1012 projects, and projects that benefit the strategic intermodal 1013 system through intermodal connectivity. 1014 (8)The department may also fund eligible projects 1015 performed by not-for-profit organizations and postsecondary 1016 education institutions as defined in s. 1008.47 which support 1017 the training of pilots, air traffic control personnel, or 1018 aircraft maintenance technical personnel that represent a 1019 majority of public airports in this state. Eligible projects may 1020 include activities associated with aviation master planning, 1021 professional education, safety and security planning, enhancing 1022 economic development and efficiency at airports in this state, 1023 or other planning efforts to improve the viability and safety of 1024 airports in this state. Programs that support the transition of 1025 honorably discharged military personnel to the aviation industry 1026 are also eligible projects under this subsection. The department 1027 may provide matching funds for eligible projects funded by the 1028 Department of Commerce. 1029 (9)The department may fund strategic airport investment 1030 projects at up to 100 percent of the projects cost if: 1031 (a)Important access and on-airport capacity improvements 1032 are provided; 1033 (b)Capital improvements that strategically position the 1034 state to maximize opportunities in tourism, international trade, 1035 logistics, and the aviation industry are provided; 1036 (c)Goals of an integrated intermodal transportation system 1037 for the state are achieved; and 1038 (d)Feasibility and availability of matching funds through 1039 federal, local, or private partners are demonstrated. 1040 Section 16.Paragraphs (a), (b), and (d) of subsection (1), 1041 subsection (2), and paragraph (a) of subsection (5) of section 1042 332.0075, Florida Statutes, are amended, and paragraph (c) is 1043 added to subsection (5) of that section, to read: 1044 332.0075Commercial service airports; transparency and 1045 accountability; penalty. 1046 (1)As used in this section, the term: 1047 (a)Commercial service airport means an airport providing 1048 commercial service, including large, medium, small, and nonhub 1049 airports as classified a primary airport as defined in 49 U.S.C. 1050 s. 47102 which is classified as a large, medium, or small hub 1051 airport by the Federal Aviation Administration. 1052 (b)Consent agenda means an agenda which consists of 1053 items voted on collectively or as a group and which does not 1054 provide the opportunity for public comment on each such item 1055 before approval or disapproval by the governing body. 1056 (d)Governing body means the governing body of the 1057 county, municipality, or special district that operates a 1058 commercial service airport. The term also includes an appointed 1059 board or oversight entity serving as the governing body for 1060 purposes of a commercial service airport on behalf of a county, 1061 municipality, or special district. 1062 (2)Each governing body shall establish and maintain a 1063 website to post information relating to the operation of a 1064 commercial service airport. The information must remain posted 1065 on the website for 5 years or for the entirety of the period 1066 during which the document is actively in use, whichever is 1067 longer, and must include all of the following, including: 1068 (a)All published notices of meetings and published meeting 1069 agendas of the governing body. 1070 (b)The official minutes of each meeting of the governing 1071 body, which must shall be posted within 7 business days after 1072 the date of the meeting in which the minutes were approved. 1073 (c)The approved budget for the commercial service airport 1074 for the current fiscal year, which shall be posted within 7 1075 business days after the date of adoption. Budgets must remain on 1076 the website for 5 2 years after the conclusion of the fiscal 1077 year for which they were adopted. 1078 (d)Copies of the current airport master plan and the 1079 immediately preceding airport master plan for the commercial 1080 service airport and a link to the current airport master plan 1081 for the commercial service airport on the commercial service 1082 airports website. 1083 (e)A link to all financial and statistical reports for the 1084 commercial service airport on the Federal Aviation 1085 Administrations website. 1086 (f)Any contract or contract amendment for the purchase of 1087 commodities or contractual services executed by or on behalf of 1088 the commercial service airport in excess of the threshold amount 1089 provided in s. 287.017 for CATEGORY FIVE, which must shall be 1090 posted no later than 7 business days after the commercial 1091 service airport executes the contract or contract amendment. 1092 However, a contract or contract amendment may not reveal 1093 information made confidential or exempt by law. Each commercial 1094 service airport must redact confidential or exempt information 1095 from each contract or contract amendment before posting a copy 1096 on its website. 1097 (g)Position and rate information for each employee of the 1098 commercial service airport, including, at a minimum, the 1099 employees position title, position description, and annual or 1100 hourly salary. This information must shall be updated quarterly 1101 annually. 1102 (5)(a)Each November 1, the governing body of each 1103 commercial service airport shall submit the following 1104 information to the department: 1105 1.Its approved budget for the current fiscal year. 1106 2.Any financial reports submitted to the Federal Aviation 1107 Administration during the previous calendar year. 1108 3.A link to its website. 1109 4.A statement, verified as provided in s. 92.525, that it 1110 has complied with part III of chapter 112, chapter 287, and this 1111 section. 1112 5.The most recent copies of its strategic plans. 1113 6.Contracts related to any financial awards received 1114 through federally funded grant programs for the preceding year. 1115 (c)A commercial service airport shall: 1116 1.Notify the department within 48 hours after receiving a 1117 communication or directive from a federal agency relating to 1118 public health testing or the transfer of unauthorized aliens 1119 into this state. 1120 2.Notify the department as soon as is reasonably possible, 1121 but no later than 48 hours, after the discovery of a potential 1122 cybersecurity breach or other occurrence impacting the traveling 1123 public, a disruption in state aviation operations directly 1124 impacting multiple airports within this state, or an incident 1125 occurring on airport property which requires coordination with 1126 multiple local, state, or federal agencies. 1127 Section 17.Section 332.15, Florida Statutes, is created to 1128 read: 1129 332.15Advanced air mobility.The Department of 1130 Transportation shall: 1131 (1)Address the need for vertiports, advanced air mobility, 1132 and other advances in aviation technology in the statewide 1133 aviation system plan required under s. 332.006(1) and, as 1134 appropriate, in the departments work program. 1135 (2)Designate a subject matter expert on advanced air 1136 mobility within the department to serve as a resource for local 1137 jurisdictions navigating advances in aviation technology. 1138 (3)Conduct a review of airport hazard zone regulations. 1139 (4)In coordination with the Department of Commerce, 1140 provide coordination and assistance for the development of a 1141 viable advanced air mobility system plan in this state. The 1142 department shall incorporate the plan into the statewide 1143 aviation system plan required under s. 332.006(1) to identify 1144 and develop statewide corridors of need and opportunities for 1145 industry growth. 1146 Section 18.Subsection (5) of section 334.044, Florida 1147 Statutes, is amended, and subsections (37), (38), and (39) are 1148 added to that section, to read: 1149 334.044Powers and duties of the department.The department 1150 shall have the following general powers and duties: 1151 (5)To purchase, lease, or otherwise acquire property and 1152 materials, including the purchase of promotional items as part 1153 of public information and education campaigns for the promotion 1154 of environmental management, scenic highways, traffic and train 1155 safety awareness, alternatives to single-occupant vehicle 1156 travel, commercial motor vehicle safety, workforce development, 1157 electric vehicle use and charging stations, autonomous vehicles, 1158 and context classification design for electric vehicles and 1159 autonomous vehicles; to purchase, lease, or otherwise acquire 1160 equipment and supplies; and to sell, exchange, or otherwise 1161 dispose of any property that is no longer needed by the 1162 department. 1163 (37)Notwithstanding s. 287.022 or s. 287.025, to directly 1164 enter into insurance contracts with local, national, or 1165 international insurance companies for the purchase of insurance 1166 coverage that the department is contractually and legally 1167 required to provide. 1168 (38)Notwithstanding s. 287.14, to purchase or acquire 1169 heavy equipment and motor vehicles for roadway operations and 1170 emergency response purposes regardless of whether the department 1171 exchanges or ceases to operate any department-owned heavy 1172 equipment or motor vehicles. 1173 (39)To adopt rules for the purpose of compliance with 49 1174 C.F.R. part 26 and any other applicable federal law. 1175 Section 19.Subsection (1) of section 334.045, Florida 1176 Statutes, is amended to read: 1177 334.045Transportation performance and productivity 1178 standards; development; measurement; application. 1179 (1)The Florida Transportation Commission shall develop and 1180 adopt measures for evaluating the performance and productivity 1181 of the department. The measures may be both quantitative and 1182 qualitative and must, to the maximum extent practical, assess 1183 those factors that are within the departments control. The 1184 measures must, at a minimum, assess performance in the following 1185 areas: 1186 (a)Production; 1187 (b)Finance and administration; 1188 (c)Preservation of the current state system; 1189 (d)Safety of the current state system; 1190 (e)Capacity improvements: highways and all public 1191 transportation modes; and 1192 (f)The business development program established under s. 1193 337.027 Disadvantaged business enterprise and minority business 1194 programs. 1195 Section 20.Subsection (3) is added to section 334.27, 1196 Florida Statutes, to read: 1197 334.27Governmental transportation entities; property 1198 acquired for transportation purposes; limitation on soil or 1199 groundwater contamination liability. 1200 (3)A parking authority established under the laws of this 1201 state or any of its counties, municipalities, or political 1202 subdivisions shall have full power to conduct business; to 1203 operate, manage, and control facilities; and to provide services 1204 to contiguous geographical boundaries of such counties, 1205 municipalities, or political subdivisions that originally 1206 chartered such authority. The parking authority may engage in 1207 activities outside of its chartering jurisdiction upon entering 1208 into an interlocal agreement with the governing body of the 1209 affected contiguous county, municipality, or political 1210 subdivision, as applicable. 1211 Section 21.Section 334.62, Florida Statutes, is created to 1212 read: 1213 334.62Florida Transportation Academy.The Legislature 1214 finds that the growth and sustainability of the transportation 1215 industry workforce is vital to the continued success and 1216 efficiency of the states supply chain and economic 1217 competitiveness. In order to prioritize the continued need for 1218 transportation industry workforce development programs, the 1219 Florida Transportation Academy is established within the 1220 department. In order to support, promote, and sustain workforce 1221 development efforts in the transportation sector, the department 1222 may do all of the following: 1223 (1)Coordinate with the Department of Corrections to 1224 identify and create certification and training opportunities for 1225 nonviolent, scheduled-release inmates and create a notification 1226 process between the Department of Corrections and the department 1227 for nonviolent inmates with imminent scheduled-release dates who 1228 are expected to seek employment upon release. 1229 (2)Coordinate with the Department of Juvenile Justice and 1230 its educational partners to create certification and training 1231 opportunities for eligible youth. 1232 (3)Coordinate with veterans organizations to encourage 1233 veterans with honorable military discharge to pursue employment 1234 opportunities within the transportation industry, including, but 1235 not limited to, employment as pilots, mechanics, and air traffic 1236 controllers. 1237 (4)Coordinate with the Department of Commerce, 1238 CareerSource Florida, Inc., and regional business organizations, 1239 within and outside of the transportation industry, to further 1240 understand recruitment and retention needs and job-seeker 1241 pipelines. 1242 (5)Coordinate with the American Council of Engineering 1243 Companies and the Florida Transportation Builders Association to 1244 optimize workforce recruitment and retention and assess future 1245 needs across the transportation industry in this state. 1246 Section 22.Present paragraph (b) of subsection (3) of 1247 section 335.182, Florida Statutes, is redesignated as paragraph 1248 (c) and amended, and a new paragraph (b) is added to that 1249 subsection, to read: 1250 335.182Regulation of connections to roads on State Highway 1251 System; definitions. 1252 (3)As used in this act, the term: 1253 (b)Modification of an existing connection means the 1254 relocation, alteration, or closure of the connection. 1255 (c)(b)Significant change means: 1256 1.A change in the use of the property, including the 1257 development of land, structures, or facilities;, or 1258 2.An expansion of the size of the property, structures, or 1259 facilities causing an increase in the trip generation of the 1260 property exceeding 25 percent more trip generation, (either peak 1261 hour or daily,) and exceeding 100 vehicles per day more than the 1262 existing use. 1263 Section 23.Subsections (3) and (4) of section 335.187, 1264 Florida Statutes, are amended to read: 1265 335.187Unpermitted connections; existing access permits; 1266 nonconforming permits; modification and revocation of permits. 1267 (3)The department may issue a nonconforming access permit 1268 if denying after finding that to deny an access permit would 1269 leave the property without a reasonable means of access to the 1270 State Highway System. The department may specify limits on the 1271 maximum vehicular use of the connection and may condition be 1272 conditioned on the availability of future alternative means of 1273 access for which access permits can be obtained. 1274 (4)After written notice and the opportunity for a hearing, 1275 as provided for in s. 120.60, the department may modify or 1276 revoke an access permit issued after July 1, 1988, by requiring 1277 modification Relocation, alteration, or closure of an existing 1278 connection if: 1279 (a)A significant change occurs in the use, design, or 1280 traffic flow of the connection; or 1281 (b)It would jeopardize the safety of the public or have a 1282 negative impact upon the operational characteristics of the 1283 highway. 1284 Section 24.Subsection (2) of section 337.027, Florida 1285 Statutes, is amended to read: 1286 337.027Authority to implement a business development 1287 program. 1288 (2)For purposes of this section, the term small business 1289 means a business with yearly average gross receipts of less than 1290 $25 $15 million for road and bridge contracts and less than $10 1291 $6.5 million for professional and nonprofessional services 1292 contracts. A business average gross receipts is determined by 1293 averaging its annual gross receipts over the last 3 years, 1294 including the receipts of any affiliate as defined in s. 1295 337.165. 1296 Section 25.Subsection (6) of section 337.11, Florida 1297 Statutes, is amended to read: 1298 337.11Contracting authority of department; bids; emergency 1299 repairs, supplemental agreements, and change orders; combined 1300 design and construction contracts; progress payments; records; 1301 requirements of vehicle registration. 1302 (6)(a)If the secretary determines that an emergency in 1303 regard to the restoration or repair of any state transportation 1304 facility exists such that the delay incident to giving 1305 opportunity for competitive bidding would be detrimental to the 1306 interests of the state, the provisions for competitive bidding 1307 do not apply; and the department may enter into contracts for 1308 restoration or repair without giving opportunity for competitive 1309 bidding on such contracts. Within 30 days after such 1310 determination and contract execution, the head of the department 1311 shall file with the Executive Office of the Governor a written 1312 statement of the conditions and circumstances constituting such 1313 emergency. 1314 (b)If the secretary determines that delays on a contract 1315 for maintenance exist due to administrative challenges, bid 1316 protests, defaults or terminations and the further delay would 1317 reduce safety on the transportation facility or seriously hinder 1318 the departments ability to preserve the states investment in 1319 that facility, competitive bidding provisions may be waived and 1320 the department may enter into a contract for maintenance on the 1321 facility. However, contracts for maintenance executed under the 1322 provisions of this paragraph shall be interim in nature and 1323 shall be limited in duration to a period of time not to exceed 1324 the length of the delay necessary to complete the competitive 1325 bidding process and have the contract in place. 1326 (c)When the department determines that it is in the best 1327 interest of the public for reasons of public concern, economy, 1328 improved operations, or safety, and only when circumstances 1329 dictate rapid completion of the work, the department may, up to 1330 the amount of $500,000, enter into contracts for construction 1331 and maintenance without advertising and receiving competitive 1332 bids. The department may enter into such contracts only upon a 1333 determination that the work is necessary for one of the 1334 following reasons: 1335 1.To ensure timely completion of projects or avoidance of 1336 undue delay for other projects; 1337 2.To accomplish minor repairs or construction and 1338 maintenance activities for which time is of the essence and for 1339 which significant cost savings would occur; or 1340 3.To accomplish nonemergency work necessary to ensure 1341 avoidance of adverse conditions that affect the safe and 1342 efficient flow of traffic. 1343 1344 The department shall make a good faith effort to obtain two or 1345 more quotes, if available, from qualified contractors before 1346 entering into any contract. The department shall give 1347 consideration to small disadvantaged business enterprise 1348 participation. However, when the work exists within the limits 1349 of an existing contract, the department shall make a good faith 1350 effort to negotiate and enter into a contract with the prime 1351 contractor on the existing contract. 1352 Section 26.Section 337.125, Florida Statutes, is repealed. 1353 Section 27.Section 337.135, Florida Statutes, is repealed. 1354 Section 28.Section 337.139, Florida Statutes, is repealed. 1355 Section 29.Paragraph (a) of subsection (1) of section 1356 337.18, Florida Statutes, is amended to read: 1357 337.18Surety bonds for construction or maintenance 1358 contracts; requirement with respect to contract award; bond 1359 requirements; defaults; damage assessments. 1360 (1)(a)A surety bond shall be required of the successful 1361 bidder in an amount equal to the awarded contract price. 1362 However, the department may choose, in its discretion and 1363 applicable only to multiyear maintenance contracts, to allow for 1364 incremental annual contract bonds that cumulatively total the 1365 full, awarded, multiyear contract price;. The department may 1366 also choose, in its discretion and applicable only to phased 1367 design-build contracts under s. 337.11(7)(b), to allow the 1368 issuance of multiple contract performance and payment bonds in 1369 succession to align with each phase of the contract to meet the 1370 bonding requirement in this subsection; and, at the discretion 1371 of the Secretary of Transportation and notwithstanding any 1372 bonding requirement under s. 337.18, to require a surety bond in 1373 an amount that is less than the awarded contract price. 1374 1.The department may waive the requirement for all or a 1375 portion of a surety bond if: 1376 a.The contract price is $250,000 or less and the 1377 department determines that the project is of a noncritical 1378 nature and that nonperformance will not endanger public health, 1379 safety, or property; 1380 b.The prime contractor is a qualified nonprofit agency for 1381 the blind or for the other severely handicapped under s. 1382 413.036(2); or 1383 c.The prime contractor is using a subcontractor that is a 1384 qualified nonprofit agency for the blind or for the other 1385 severely handicapped under s. 413.036(2). However, the 1386 department may not waive more than the amount of the 1387 subcontract. 1388 2.If the department determines that it is in the best 1389 interests of the department to reduce the bonding requirement 1390 for a project and that to do so will not endanger public health, 1391 safety, or property, the department may waive the requirement of 1392 a surety bond in an amount equal to the awarded contract price 1393 for a project having a contract price of $250 million or more 1394 and, in its place, may set a surety bond amount that is a 1395 portion of the total contract price and provide an alternate 1396 means of security for the balance of the contract amount that is 1397 not covered by the surety bond or provide for incremental surety 1398 bonding and provide an alternate means of security for the 1399 balance of the contract amount that is not covered by the surety 1400 bond. Such alternative means of security may include letters of 1401 credit, United States bonds and notes, parent company 1402 guarantees, and cash collateral. The department may require 1403 alternate means of security if a surety bond is waived. The 1404 surety on such bond shall be a surety company authorized to do 1405 business in the state. All bonds shall be payable to the 1406 department and conditioned for the prompt, faithful, and 1407 efficient performance of the contract according to plans and 1408 specifications and within the time period specified, and for the 1409 prompt payment of all persons defined in s. 713.01 furnishing 1410 labor, material, equipment, and supplies for work provided in 1411 the contract; however, whenever an improvement, demolition, or 1412 removal contract price is $25,000 or less, the security may, in 1413 the discretion of the bidder, be in the form of a cashiers 1414 check, bank money order of any state or national bank, certified 1415 check, or postal money order. The department shall adopt rules 1416 to implement this subsection. Such rules shall include 1417 provisions under which the department shall refuse to accept 1418 bonds on contracts when a surety wrongfully fails or refuses to 1419 settle or provide a defense for claims or actions arising under 1420 a contract for which the surety previously furnished a bond. 1421 Section 30.Subsection (3) of section 337.251, Florida 1422 Statutes, is amended to read: 1423 337.251Lease of property for joint public-private 1424 development and areas above or below department property. 1425 (3)A proposal must be selected by the department based on 1426 competitive bidding, except that the department may consider 1427 other relevant factors specified in the request for proposals. 1428 The department may consider such factors as the value of 1429 property exchanges, the cost of construction, and other 1430 recurring costs for the benefit of the department by the lessee 1431 in lieu of direct revenue to the department if such other 1432 factors are of equal value including innovative proposals to 1433 involve small minority businesses. The department may name a 1434 board of advisers which may be composed of accountants, real 1435 estate appraisers, design engineers, or other experts 1436 experienced in the type of development proposed. The board of 1437 advisers shall review the feasibility of the proposals, 1438 recommend acceptance or rejection of each proposal, and rank 1439 each feasible proposal in the order of technical feasibility and 1440 benefit provided to the department. The board of advisers shall 1441 be reasonably compensated for the services provided and all 1442 department costs for evaluating the proposals shall be 1443 reimbursed from a proposal application fee to be set by the 1444 department and paid by the applicants. The board of advisers 1445 shall not be subject to selection under the provisions of 1446 chapter 287. 1447 Section 31.Section (2) of section 337.401, Florida 1448 Statutes, is amended to read: 1449 337.401Use of right-of-way for utilities subject to 1450 regulation; permit; fees. 1451 (2)(a)The authority may grant to any person who is a 1452 resident of this state, or to any corporation which is organized 1453 under the laws of this state or licensed to do business within 1454 this state, the use of a right-of-way for the utility in 1455 accordance with such rules or regulations as the authority may 1456 adopt. A utility may not be installed, located, or relocated 1457 unless authorized by a written permit issued by the authority. 1458 However, for public roads or publicly owned rail corridors under 1459 the jurisdiction of the department, a utility relocation 1460 schedule and relocation agreement may be executed in lieu of a 1461 written permit. The permit must require the permitholder to be 1462 responsible for any damage resulting from the issuance of such 1463 permit. The authority may initiate injunctive proceedings as 1464 provided in s. 120.69 to enforce provisions of this subsection 1465 or any rule or order issued or entered into pursuant thereto. A 1466 permit application required under this subsection by a county or 1467 municipality having jurisdiction and control of the right-of-way 1468 of any public road must be processed and acted upon in 1469 accordance with the timeframes provided in subparagraphs 1470 (7)(d)7., 8., and 9. 1471 (b)Notwithstanding paragraph (a), a municipality may not 1472 prohibit, or require a permit for, the installation of a public 1473 sewer transmission line placed and maintained within and under 1474 publicly dedicated rights-of-way as part of a septic-to-sewer 1475 conversion where the work is being performed under permits 1476 issued by the Department of Transportation pursuant to this 1477 chapter and the Department of Environmental Protection, or its 1478 delegate, pursuant to chapter 403. 1479 Section 32.Subsection (4) of section 337.406, Florida 1480 Statutes, is amended to read: 1481 337.406Unlawful use of state transportation facility 1482 right-of-way; penalties. 1483 (4)(a)Camping is prohibited on any portion of the right 1484 of-way of the State Highway System that is within 100 feet of a 1485 bridge, causeway, overpass, or ramp. 1486 (b)This subsection does not apply to a person who has 1487 acquired the appropriate permits and is actively navigating the 1488 federally designated Florida National Scenic Trail recognized by 1489 the state in s. 260.012(6). 1490 Section 33.Subsection (4) of section 338.227, Florida 1491 Statutes, is amended to read: 1492 338.227Turnpike revenue bonds. 1493 (4)The Department of Transportation and the Department of 1494 Management Services shall create and implement an outreach 1495 program designed to enhance the participation of small minority 1496 persons and minority business enterprises in all contracts 1497 entered into by their respective departments for services 1498 related to the financing of department projects for the 1499 Strategic Intermodal System Plan developed pursuant to s. 1500 339.64. These services shall include, but are not limited to, 1501 bond counsel and bond underwriters. 1502 Section 34.Subsection (6) is added to section 339.08, 1503 Florida Statutes, to read: 1504 339.08Use of moneys in State Transportation Trust Fund. 1505 (6)(a)As used in this subsection, the term energy policy 1506 of the state means the energy policy described in s. 377.601 1507 and includes any intended or actual measure, obligation, target, 1508 or timeframe related to a reduction in carbon dioxide emissions. 1509 (b)The department may not expend any state funds as 1510 described in s. 215.31 to support a project or program of any of 1511 the following entities if such entities adopt or promote energy 1512 policy goals inconsistent with the energy policy of the state: 1513 1.A public transit provider as defined in s. 341.031(1). 1514 2.An authority created pursuant to chapter 343, chapter 1515 348, or chapter 349. 1516 3.A public-use airport as defined in s. 332.004. 1517 4.A port listed in s. 311.09(1). 1518 Section 35.Section 339.0805, Florida Statutes, is 1519 repealed. 1520 Section 36.Paragraph (b) of subsection (3) and paragraph 1521 (c) of subsection (4) of section 339.2821, Florida Statutes, are 1522 amended to read: 1523 339.2821Economic development transportation projects. 1524 (3) 1525 (b)The department must ensure that it is supportive of 1526 small businesses as defined in s. 337.027(2) small and minority 1527 businesses have equal access to participate in transportation 1528 projects funded pursuant to this section. 1529 (4)A contract between the department and a governmental 1530 body for a transportation project must: 1531 (c)Require that the governmental body provide the 1532 department with progress reports. Each progress report must 1533 contain: 1534 1.A narrative description of the work completed and 1535 whether the work is proceeding according to the transportation 1536 project schedule; 1537 2.A description of each change order executed by the 1538 governmental body; 1539 3.A budget summary detailing planned expenditures compared 1540 to actual expenditures; and 1541 4.The identity of each small or minority business used as 1542 a contractor or subcontractor. 1543 Section 37.Section 339.287, Florida Statutes, is repealed. 1544 Section 38.Subsections (3) and (7) of section 339.651, 1545 Florida Statutes, are amended to read: 1546 339.651Strategic Intermodal System supply chain demands. 1547 (3)The department may shall make up to $20 million 1548 available each year for fiscal years 2023-2024 through 2027 1549 2028, from the existing work program revenues, to fund projects 1550 that meet the public purpose of providing increased capacity and 1551 enhanced capabilities to move and store construction aggregate. 1552 Applicants eligible for project funding under this section are 1553 seaports listed in s. 311.09 and rail lines and rail facilities. 1554 (7)This section shall stand repealed on July 1, 2028. 1555 Section 39.Paragraph (b) of subsection (6) of section 1556 341.051, Florida Statutes, is amended to read: 1557 341.051Administration and financing of public transit and 1558 intercity bus service programs and projects. 1559 (6)ANNUAL APPROPRIATION. 1560 (b)If funds are allocated to projects that qualify for the 1561 New Starts Transit Program in the current fiscal year and a 1562 project will not be ready for production by June 30, those funds 1563 must The remaining unallocated New Starts Transit Program funds 1564 as of June 30, 2024, shall be reallocated for the purpose of the 1565 Strategic Intermodal System within the State Transportation 1566 Trust Fund for the next fiscal year. This paragraph expires June 1567 30, 2026. 1568 1569 For purposes of this section, the term net operating costs 1570 means all operating costs of a project less any federal funds, 1571 fares, or other sources of income to the project. 1572 Section 40.Subsection (5) of section 348.754, Florida 1573 Statutes, is amended to read: 1574 348.754Purposes and powers. 1575 (5)The authority shall encourage the inclusion of local 1576 and small local-, small-, minority-, and women-owned businesses 1577 in its procurement and contracting opportunities. 1578 Section 41.Subsection (2) of section 349.03, Florida 1579 Statutes, is amended to read: 1580 349.03Jacksonville Transportation Authority. 1581 (2)The governing body of the authority shall be composed 1582 consist of seven members. Four Three members shall be appointed 1583 by the Governor and confirmed by the Senate. Of the four members 1584 appointed by the Governor, one must be a resident of Duval 1585 County and three must be residents of Clay County, St. Johns 1586 County, or Nassau County. Three members shall be appointed by 1587 the mayor of the City of Jacksonville subject to confirmation by 1588 the council of the City of Jacksonville. The seventh member 1589 shall be the district secretary of the Department of 1590 Transportation serving in the district that contains the City of 1591 Jacksonville. Except for the seventh member, Members appointed 1592 by the mayor of the City of Jacksonville must shall be residents 1593 and qualified electors of Duval County. 1594 Section 42.Paragraphs (j) and (m) of subsection (2) of 1595 section 110.205, Florida Statutes, are amended to read: 1596 110.205Career service; exemptions. 1597 (2)EXEMPT POSITIONS.The exempt positions that are not 1598 covered by this part include the following: 1599 (j)The appointed secretaries and the State Surgeon 1600 General, assistant secretaries, deputy secretaries, and deputy 1601 assistant secretaries of all departments; the executive 1602 directors, assistant executive directors, deputy executive 1603 directors, and deputy assistant executive directors of all 1604 departments; the directors of all divisions and those positions 1605 determined by the department to have managerial responsibilities 1606 comparable to such positions, which positions include, but are 1607 not limited to, program directors, assistant program directors, 1608 district administrators, deputy district administrators, the 1609 Director of Central Operations Services of the Department of 1610 Children and Families, the State Transportation Development 1611 Administrator, the State Public Transportation and Modal 1612 Administrator, district secretaries, district directors of 1613 transportation development, transportation operations, 1614 transportation support, and the managers of the offices of the 1615 Department of Transportation specified in s. 20.23(4)(b) s. 1616 20.23(3)(b). Unless otherwise fixed by law, the department shall 1617 set the salary and benefits of these positions and the positions 1618 of county health department directors and county health 1619 department administrators of the Department of Health in 1620 accordance with the rules of the Senior Management Service. 1621 (m)All assistant division director, deputy division 1622 director, and bureau chief positions in any department, and 1623 those positions determined by the department to have managerial 1624 responsibilities comparable to such positions, which include, 1625 but are not limited to: 1626 1.Positions in the Department of Health and the Department 1627 of Children and Families which are assigned primary duties of 1628 serving as the superintendent or assistant superintendent of an 1629 institution. 1630 2.Positions in the Department of Corrections which are 1631 assigned primary duties of serving as the warden, assistant 1632 warden, colonel, or major of an institution or that are assigned 1633 primary duties of serving as the circuit administrator or deputy 1634 circuit administrator. 1635 3.Positions in the Department of Transportation which are 1636 assigned primary duties of serving as regional toll managers and 1637 managers of offices, as specified in s. 20.23(4)(b) and (5)(c) 1638 s. 20.23(3)(b) and (4)(c). 1639 4.Positions in the Department of Environmental Protection 1640 which are assigned the duty of an Environmental Administrator or 1641 program administrator. 1642 5.Positions in the Department of Health which are assigned 1643 the duties of Environmental Administrator, Assistant County 1644 Health Department Director, and County Health Department 1645 Financial Administrator. 1646 6.Positions in the Department of Highway Safety and Motor 1647 Vehicles which are assigned primary duties of serving as 1648 captains in the Florida Highway Patrol. 1649 1650 Unless otherwise fixed by law, the department shall set the 1651 salary and benefits of the positions listed in this paragraph in 1652 accordance with the rules established for the Selected Exempt 1653 Service. 1654 Section 43.Paragraph (d) of subsection (3) of section 1655 322.27, Florida Statutes, is amended to read: 1656 322.27Authority of department to suspend or revoke driver 1657 license or identification card. 1658 (3)There is established a point system for evaluation of 1659 convictions of violations of motor vehicle laws or ordinances, 1660 and violations of applicable provisions of s. 403.413(6)(b) when 1661 such violations involve the use of motor vehicles, for the 1662 determination of the continuing qualification of any person to 1663 operate a motor vehicle. The department is authorized to suspend 1664 the license of any person upon showing of its records or other 1665 good and sufficient evidence that the licensee has been 1666 convicted of violation of motor vehicle laws or ordinances, or 1667 applicable provisions of s. 403.413(6)(b), amounting to 12 or 1668 more points as determined by the point system. The suspension 1669 shall be for a period of not more than 1 year. 1670 (d)The point system shall have as its basic element a 1671 graduated scale of points assigning relative values to 1672 convictions of the following violations: 1673 1.Reckless driving, willful and wanton4 points. 1674 2.Leaving the scene of a crash resulting in property 1675 damage of more than $506 points. 1676 3.Unlawful speed, or unlawful use of a wireless 1677 communications device, resulting in a crash6 points. 1678 4.Passing a stopped school bus: 1679 a.Not causing or resulting in serious bodily injury to or 1680 death of another4 points. 1681 b.Causing or resulting in serious bodily injury to or 1682 death of another6 points. 1683 c.Points may not be imposed for a violation of passing a 1684 stopped school bus as provided in s. 316.172(1)(a) or (b) when 1685 enforced by a school bus infraction detection system pursuant to 1686 s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b) 1687 when enforced by a school bus infraction detection system 1688 pursuant to s. 316.173 may not be used for purposes of setting 1689 motor vehicle insurance rates. 1690 5.Unlawful speed: 1691 a.Not in excess of 15 miles per hour of lawful or posted 1692 speed3 points. 1693 b.In excess of 15 miles per hour of lawful or posted 1694 speed4 points. 1695 c.Points may not be imposed for a violation of unlawful 1696 speed as provided in s. 316.1895 or s. 316.183 when enforced by 1697 a traffic infraction enforcement officer pursuant to s. 1698 316.1896. In addition, a violation of s. 316.1895 or s. 316.183 1699 when enforced by a traffic infraction enforcement officer 1700 pursuant to s. 316.1896 may not be used for purposes of setting 1701 motor vehicle insurance rates. 1702 6.A violation of a traffic control signal device as 1703 provided in s. 316.074(1) or s. 316.075(1)(c)1.4 points. 1704 However, points may not be imposed for a violation of s. 1705 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 1706 stop at a traffic signal and when enforced by a traffic 1707 infraction enforcement officer. In addition, a violation of s. 1708 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 1709 stop at a traffic signal and when enforced by a traffic 1710 infraction enforcement officer may not be used for purposes of 1711 setting motor vehicle insurance rates. 1712 7.Unlawfully driving a vehicle through a railroad-highway 1713 grade crossing6 points. 1714 8.All other moving violations (including parking on a 1715 highway outside the limits of a municipality)3 points. However, 1716 points may not be imposed for a violation of s. 316.0741 or s. 1717 316.2065(11); and points may be imposed for a violation of s. 1718 316.1001 only when imposed by the court after a hearing pursuant 1719 to s. 318.14(5). 1720 9.Any moving violation covered in this paragraph, 1721 excluding unlawful speed and unlawful use of a wireless 1722 communications device, resulting in a crash4 points. 1723 10.Any conviction under s. 403.413(6)(b)3 points. 1724 11.Any conviction under s. 316.0775(2)4 points. 1725 12.A moving violation covered in this paragraph which is 1726 committed in conjunction with the unlawful use of a wireless 1727 communications device within a school safety zone2 points, in 1728 addition to the points assigned for the moving violation. 1729 Section 44.Subsection (13) of section 365.172, Florida 1730 Statutes, is amended to read: 1731 365.172Emergency communications. 1732 (13)FACILITATING EMERGENCY COMMUNICATIONS SERVICE 1733 IMPLEMENTATION.To balance the public need for reliable 1734 emergency communications services through reliable wireless 1735 systems and the public interest served by governmental zoning 1736 and land development regulations and notwithstanding any other 1737 law or local ordinance to the contrary, the following standards 1738 shall apply to a local governments actions, as a regulatory 1739 body, in the regulation of the placement, construction, or 1740 modification of a wireless communications facility. This 1741 subsection may not, however, be construed to waive or alter the 1742 provisions of s. 286.011 or s. 286.0115. For the purposes of 1743 this subsection only, local government shall mean any 1744 municipality or county and any agency of a municipality or 1745 county only. The term local government does not, however, 1746 include any airport, as defined in s. 330.27 by s. 330.27(2), 1747 even if it is owned or controlled by or through a municipality, 1748 county, or agency of a municipality or county. Further, 1749 notwithstanding anything in this section to the contrary, this 1750 subsection does not apply to or control a local governments 1751 actions as a property or structure owner in the use of any 1752 property or structure owned by such entity for the placement, 1753 construction, or modification of wireless communications 1754 facilities. In the use of property or structures owned by the 1755 local government, however, a local government may not use its 1756 regulatory authority so as to avoid compliance with, or in a 1757 manner that does not advance, the provisions of this subsection. 1758 (a)Colocation among wireless providers is encouraged by 1759 the state. 1760 1.a.Colocations on towers, including nonconforming towers, 1761 that meet the requirements in sub-sub-subparagraphs (I), (II), 1762 and (III), are subject to only building permit review, which may 1763 include a review for compliance with this subparagraph. Such 1764 colocations are not subject to any design or placement 1765 requirements of the local governments land development 1766 regulations in effect at the time of the colocation that are 1767 more restrictive than those in effect at the time of the initial 1768 antennae placement approval, to any other portion of the land 1769 development regulations, or to public hearing review. This sub 1770 subparagraph may not preclude a public hearing for any appeal of 1771 the decision on the colocation application. 1772 (I)The colocation does not increase the height of the 1773 tower to which the antennae are to be attached, measured to the 1774 highest point of any part of the tower or any existing antenna 1775 attached to the tower; 1776 (II)The colocation does not increase the ground space 1777 area, commonly known as the compound, approved in the site plan 1778 for equipment enclosures and ancillary facilities; and 1779 (III)The colocation consists of antennae, equipment 1780 enclosures, and ancillary facilities that are of a design and 1781 configuration consistent with all applicable regulations, 1782 restrictions, or conditions, if any, applied to the initial 1783 antennae placed on the tower and to its accompanying equipment 1784 enclosures and ancillary facilities and, if applicable, applied 1785 to the tower supporting the antennae. Such regulations may 1786 include the design and aesthetic requirements, but not 1787 procedural requirements, other than those authorized by this 1788 section, of the local governments land development regulations 1789 in effect at the time the initial antennae placement was 1790 approved. 1791 b.Except for a historic building, structure, site, object, 1792 or district, or a tower included in sub-subparagraph a., 1793 colocations on all other existing structures that meet the 1794 requirements in sub-sub-subparagraphs (I)-(IV) shall be subject 1795 to no more than building permit review, and an administrative 1796 review for compliance with this subparagraph. Such colocations 1797 are not subject to any portion of the local governments land 1798 development regulations not addressed herein, or to public 1799 hearing review. This sub-subparagraph may not preclude a public 1800 hearing for any appeal of the decision on the colocation 1801 application. 1802 (I)The colocation does not increase the height of the 1803 existing structure to which the antennae are to be attached, 1804 measured to the highest point of any part of the structure or 1805 any existing antenna attached to the structure; 1806 (II)The colocation does not increase the ground space 1807 area, otherwise known as the compound, if any, approved in the 1808 site plan for equipment enclosures and ancillary facilities; 1809 (III)The colocation consists of antennae, equipment 1810 enclosures, and ancillary facilities that are of a design and 1811 configuration consistent with any applicable structural or 1812 aesthetic design requirements and any requirements for location 1813 on the structure, but not prohibitions or restrictions on the 1814 placement of additional colocations on the existing structure or 1815 procedural requirements, other than those authorized by this 1816 section, of the local governments land development regulations 1817 in effect at the time of the colocation application; and 1818 (IV)The colocation consists of antennae, equipment 1819 enclosures, and ancillary facilities that are of a design and 1820 configuration consistent with all applicable restrictions or 1821 conditions, if any, that do not conflict with sub-sub 1822 subparagraph (III) and were applied to the initial antennae 1823 placed on the structure and to its accompanying equipment 1824 enclosures and ancillary facilities and, if applicable, applied 1825 to the structure supporting the antennae. 1826 c.Regulations, restrictions, conditions, or permits of the 1827 local government, acting in its regulatory capacity, that limit 1828 the number of colocations or require review processes 1829 inconsistent with this subsection do not apply to colocations 1830 addressed in this subparagraph. 1831 d.If only a portion of the colocation does not meet the 1832 requirements of this subparagraph, such as an increase in the 1833 height of the proposed antennae over the existing structure 1834 height or a proposal to expand the ground space approved in the 1835 site plan for the equipment enclosure, where all other portions 1836 of the colocation meet the requirements of this subparagraph, 1837 that portion of the colocation only may be reviewed under the 1838 local governments regulations applicable to an initial 1839 placement of that portion of the facility, including, but not 1840 limited to, its land development regulations, and within the 1841 review timeframes of subparagraph (d)2., and the rest of the 1842 colocation shall be reviewed in accordance with this 1843 subparagraph. A colocation proposal under this subparagraph that 1844 increases the ground space area, otherwise known as the 1845 compound, approved in the original site plan for equipment 1846 enclosures and ancillary facilities by no more than a cumulative 1847 amount of 400 square feet or 50 percent of the original compound 1848 size, whichever is greater, shall, however, require no more than 1849 administrative review for compliance with the local governments 1850 regulations, including, but not limited to, land development 1851 regulations review, and building permit review, with no public 1852 hearing review. This sub-subparagraph does not preclude a public 1853 hearing for any appeal of the decision on the colocation 1854 application. 1855 2.If a colocation does not meet the requirements of 1856 subparagraph 1., the local government may review the application 1857 under the local governments regulations, including, but not 1858 limited to, land development regulations, applicable to the 1859 placement of initial antennae and their accompanying equipment 1860 enclosure and ancillary facilities. 1861 3.If a colocation meets the requirements of subparagraph 1862 1., the colocation may not be considered a modification to an 1863 existing structure or an impermissible modification of a 1864 nonconforming structure. 1865 4.The owner of the existing tower on which the proposed 1866 antennae are to be colocated shall remain responsible for 1867 compliance with any applicable condition or requirement of a 1868 permit or agreement, or any applicable condition or requirement 1869 of the land development regulations to which the existing tower 1870 had to comply at the time the tower was permitted, including any 1871 aesthetic requirements, provided the condition or requirement is 1872 not inconsistent with this paragraph. 1873 5.An existing tower, including a nonconforming tower, may 1874 be structurally modified in order to permit colocation or may be 1875 replaced through no more than administrative review and building 1876 permit review, and is not subject to public hearing review, if 1877 the overall height of the tower is not increased and, if a 1878 replacement, the replacement tower is a monopole tower or, if 1879 the existing tower is a camouflaged tower, the replacement tower 1880 is a like-camouflaged tower. This subparagraph may not preclude 1881 a public hearing for any appeal of the decision on the 1882 application. 1883 (b)1.A local governments land development and 1884 construction regulations for wireless communications facilities 1885 and the local governments review of an application for the 1886 placement, construction, or modification of a wireless 1887 communications facility shall only address land development or 1888 zoning issues. In such local government regulations or review, 1889 the local government may not require information on or evaluate 1890 a wireless providers business decisions about its service, 1891 customer demand for its service, or quality of its service to or 1892 from a particular area or site, unless the wireless provider 1893 voluntarily offers this information to the local government. In 1894 such local government regulations or review, a local government 1895 may not require information on or evaluate the wireless 1896 providers designed service unless the information or materials 1897 are directly related to an identified land development or zoning 1898 issue or unless the wireless provider voluntarily offers the 1899 information. Information or materials directly related to an 1900 identified land development or zoning issue may include, but are 1901 not limited to, evidence that no existing structure can 1902 reasonably be used for the antennae placement instead of the 1903 construction of a new tower, that residential areas cannot be 1904 served from outside the residential area, as addressed in 1905 subparagraph 3., or that the proposed height of a new tower or 1906 initial antennae placement or a proposed height increase of a 1907 modified tower, replacement tower, or colocation is necessary to 1908 provide the providers designed service. Nothing in this 1909 paragraph shall limit the local government from reviewing any 1910 applicable land development or zoning issue addressed in its 1911 adopted regulations that does not conflict with this section, 1912 including, but not limited to, aesthetics, landscaping, land 1913 use-based location priorities, structural design, and setbacks. 1914 2.Any setback or distance separation required of a tower 1915 may not exceed the minimum distance necessary, as determined by 1916 the local government, to satisfy the structural safety or 1917 aesthetic concerns that are to be protected by the setback or 1918 distance separation. 1919 3.A local government may exclude the placement of wireless 1920 communications facilities in a residential area or residential 1921 zoning district but only in a manner that does not constitute an 1922 actual or effective prohibition of the providers service in 1923 that residential area or zoning district. If a wireless provider 1924 demonstrates to the satisfaction of the local government that 1925 the provider cannot reasonably provide its service to the 1926 residential area or zone from outside the residential area or 1927 zone, the municipality or county and provider shall cooperate to 1928 determine an appropriate location for a wireless communications 1929 facility of an appropriate design within the residential area or 1930 zone. The local government may require that the wireless 1931 provider reimburse the reasonable costs incurred by the local 1932 government for this cooperative determination. An application 1933 for such cooperative determination may not be considered an 1934 application under paragraph (d). 1935 4.A local government may impose a reasonable fee on 1936 applications to place, construct, or modify a wireless 1937 communications facility only if a similar fee is imposed on 1938 applicants seeking other similar types of zoning, land use, or 1939 building permit review. A local government may impose fees for 1940 the review of applications for wireless communications 1941 facilities by consultants or experts who conduct code compliance 1942 review for the local government but any fee is limited to 1943 specifically identified reasonable expenses incurred in the 1944 review. A local government may impose reasonable surety 1945 requirements to ensure the removal of wireless communications 1946 facilities that are no longer being used. 1947 5.A local government may impose design requirements, such 1948 as requirements for designing towers to support colocation or 1949 aesthetic requirements, except as otherwise limited in this 1950 section, but may not impose or require information on compliance 1951 with building code type standards for the construction or 1952 modification of wireless communications facilities beyond those 1953 adopted by the local government under chapter 553 and that apply 1954 to all similar types of construction. 1955 (c)Local governments may not require wireless providers to 1956 provide evidence of a wireless communications facilitys 1957 compliance with federal regulations, except evidence of 1958 compliance with applicable Federal Aviation Administration 1959 requirements under 14 C.F.R. part 77, as amended, and evidence 1960 of proper Federal Communications Commission licensure, or other 1961 evidence of Federal Communications Commission authorized 1962 spectrum use, but may request the Federal Communications 1963 Commission to provide information as to a wireless providers 1964 compliance with federal regulations, as authorized by federal 1965 law. 1966 (d)1.A local government shall grant or deny each properly 1967 completed application for a colocation under subparagraph (a)1. 1968 based on the applications compliance with the local 1969 governments applicable regulations, as provided for in 1970 subparagraph (a)1. and consistent with this subsection, and 1971 within the normal timeframe for a similar building permit review 1972 but in no case later than 45 business days after the date the 1973 application is determined to be properly completed in accordance 1974 with this paragraph. 1975 2.A local government shall grant or deny each properly 1976 completed application for any other wireless communications 1977 facility based on the applications compliance with the local 1978 governments applicable regulations, including but not limited 1979 to land development regulations, consistent with this subsection 1980 and within the normal timeframe for a similar type review but in 1981 no case later than 90 business days after the date the 1982 application is determined to be properly completed in accordance 1983 with this paragraph. 1984 3.a.An application is deemed submitted or resubmitted on 1985 the date the application is received by the local government. If 1986 the local government does not notify the applicant in writing 1987 that the application is not completed in compliance with the 1988 local governments regulations within 20 business days after the 1989 date the application is initially submitted or additional 1990 information resubmitted, the application is deemed, for 1991 administrative purposes only, to be properly completed and 1992 properly submitted. However, the determination may not be deemed 1993 as an approval of the application. If the application is not 1994 completed in compliance with the local governments regulations, 1995 the local government shall so notify the applicant in writing 1996 and the notification must indicate with specificity any 1997 deficiencies in the required documents or deficiencies in the 1998 content of the required documents which, if cured, make the 1999 application properly completed. Upon resubmission of information 2000 to cure the stated deficiencies, the local government shall 2001 notify the applicant, in writing, within the normal timeframes 2002 of review, but in no case longer than 20 business days after the 2003 additional information is submitted, of any remaining 2004 deficiencies that must be cured. Deficiencies in document type 2005 or content not specified by the local government do not make the 2006 application incomplete. Notwithstanding this sub-subparagraph, 2007 if a specified deficiency is not properly cured when the 2008 applicant resubmits its application to comply with the notice of 2009 deficiencies, the local government may continue to request the 2010 information until such time as the specified deficiency is 2011 cured. The local government may establish reasonable timeframes 2012 within which the required information to cure the application 2013 deficiency is to be provided or the application will be 2014 considered withdrawn or closed. 2015 b.If the local government fails to grant or deny a 2016 properly completed application for a wireless communications 2017 facility within the timeframes set forth in this paragraph, the 2018 application shall be deemed automatically approved and the 2019 applicant may proceed with placement of the facilities without 2020 interference or penalty. The timeframes specified in 2021 subparagraph 2. may be extended only to the extent that the 2022 application has not been granted or denied because the local 2023 governments procedures generally applicable to all other 2024 similar types of applications require action by the governing 2025 body and such action has not taken place within the timeframes 2026 specified in subparagraph 2. Under such circumstances, the local 2027 government must act to either grant or deny the application at 2028 its next regularly scheduled meeting or, otherwise, the 2029 application is deemed to be automatically approved. 2030 c.To be effective, a waiver of the timeframes set forth in 2031 this paragraph must be voluntarily agreed to by the applicant 2032 and the local government. A local government may request, but 2033 not require, a waiver of the timeframes by the applicant, except 2034 that, with respect to a specific application, a one-time waiver 2035 may be required in the case of a declared local, state, or 2036 federal emergency that directly affects the administration of 2037 all permitting activities of the local government. 2038 (e)The replacement of or modification to a wireless 2039 communications facility, except a tower, that results in a 2040 wireless communications facility not readily discernibly 2041 different in size, type, and appearance when viewed from ground 2042 level from surrounding properties, and the replacement or 2043 modification of equipment that is not visible from surrounding 2044 properties, all as reasonably determined by the local 2045 government, are subject to no more than applicable building 2046 permit review. 2047 (f)Any other law to the contrary notwithstanding, the 2048 Department of Management Services shall negotiate, in the name 2049 of the state, leases for wireless communications facilities that 2050 provide access to state government-owned property not acquired 2051 for transportation purposes, and the Department of 2052 Transportation shall negotiate, in the name of the state, leases 2053 for wireless communications facilities that provide access to 2054 property acquired for state rights-of-way. On property acquired 2055 for transportation purposes, leases shall be granted in 2056 accordance with s. 337.251. On other state government-owned 2057 property, leases shall be granted on a space available, first 2058 come, first-served basis. Payments required by state government 2059 under a lease must be reasonable and must reflect the market 2060 rate for the use of the state government-owned property. The 2061 Department of Management Services and the Department of 2062 Transportation are authorized to adopt rules for the terms and 2063 conditions and granting of any such leases. 2064 (g)If any person adversely affected by any action, or 2065 failure to act, or regulation, or requirement of a local 2066 government in the review or regulation of the wireless 2067 communication facilities files an appeal or brings an 2068 appropriate action in a court or venue of competent 2069 jurisdiction, following the exhaustion of all administrative 2070 remedies, the matter shall be considered on an expedited basis. 2071 Section 45.Subsection (2) of section 379.2293, Florida 2072 Statutes, is amended to read: 2073 379.2293Airport activities within the scope of a federally 2074 approved wildlife hazard management plan or a federal or state 2075 permit or other authorization for depredation or harassment. 2076 (2)An airport authority or other entity owning or 2077 operating an airport, as defined in s. 330.27 s. 330.27(2), is 2078 not subject to any administrative or civil penalty, restriction, 2079 or other sanction with respect to any authorized action taken in 2080 a non-negligent manner for the purpose of protecting human life 2081 or aircraft safety from wildlife hazards. 2082 Section 46.Subsection (22) of section 493.6101, Florida 2083 Statutes, is amended to read: 2084 493.6101Definitions. 2085 (22)Repossession means the recovery of a motor vehicle 2086 as defined under s. 320.01(1), a mobile home as defined in s. 2087 320.01(2), a motorboat as defined under s. 327.02, an aircraft 2088 as defined in s. 330.27 s. 330.27(1), a personal watercraft as 2089 defined in s. 327.02, an all-terrain vehicle as defined in s. 2090 316.2074, farm equipment as defined under s. 686.402, or 2091 industrial equipment, by an individual who is authorized by the 2092 legal owner, lienholder, or lessor to recover, or to collect 2093 money payment in lieu of recovery of, that which has been sold 2094 or leased under a security agreement that contains a 2095 repossession clause. As used in this subsection, the term 2096 industrial equipment includes, but is not limited to, 2097 tractors, road rollers, cranes, forklifts, backhoes, and 2098 bulldozers. The term industrial equipment also includes other 2099 vehicles that are propelled by power other than muscular power 2100 and that are used in the manufacture of goods or used in the 2101 provision of services. A repossession is complete when a 2102 licensed recovery agent is in control, custody, and possession 2103 of such repossessed property. Property that is being repossessed 2104 shall be considered to be in the control, custody, and 2105 possession of a recovery agent if the property being repossessed 2106 is secured in preparation for transport from the site of the 2107 recovery by means of being attached to or placed on the towing 2108 or other transport vehicle or if the property being repossessed 2109 is being operated or about to be operated by an employee of the 2110 recovery agency. 2111 Section 47.Paragraph (c) of subsection (1) of section 2112 493.6403, Florida Statutes, is amended to read: 2113 493.6403License requirements. 2114 (1)In addition to the license requirements set forth in 2115 this chapter, each individual or agency shall comply with the 2116 following additional requirements: 2117 (c)An applicant for a Class E license shall have at 2118 least 1 year of lawfully gained, verifiable, full-time 2119 experience in one, or a combination of more than one, of the 2120 following: 2121 1.Repossession of motor vehicles as defined in s. 2122 320.01(1), mobile homes as defined in s. 320.01(2), motorboats 2123 as defined in s. 327.02, aircraft as defined in s. 330.27 s. 2124 330.27(1), personal watercraft as defined in s. 327.02, all 2125 terrain vehicles as defined in s. 316.2074, farm equipment as 2126 defined under s. 686.402, or industrial equipment as defined in 2127 s. 493.6101(22). 2128 2.Work as a Class EE licensed intern. 2129 Section 48.This act shall take effect July 1, 2025.
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