| 2 | | - | Florida Senate - 2025 CS for CS for CS for SB 1662 By the Committee on Appropriations; the Appropriations Committee on Transportation, Tourism, and Economic Development; the Committee on Transportation; and Senator Collins 576-03701-25 20251662c3 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 of Transportation; providing for 20 membership of the institute; requiring the department 21 to select a member to serve as the administrative lead 22 of the institute; requiring the Secretary of 23 Transportation to appoint a representative of the 24 department to serve as the executive director of the 25 institute; requiring the department to coordinate with 26 the members of the institute to adopt certain 27 policies; authorizing the institute to award certain 28 grants; authorizing the department to allocate funds 29 to the institute from the State Transportation Trust 30 Fund; authorizing the institute to expend funds for 31 certain operations and programs; requiring the 32 institute to submit an annual report to the Secretary 33 of Transportation and the commission; revising the 34 departments areas of program responsibility; amending 35 s. 311.07, F.S.; providing that certain spaceport and 36 space industry-related facility projects and 37 commercial shipbuilding and manufacturing facility 38 projects are eligible for grant funding under the 39 Florida Seaport Transportation and Economic 40 Development Program; amending s. 311.09, F.S.; 41 revising the purpose of the Florida Seaport 42 Transportation and Economic Development Council; 43 requiring that the Florida Seaport Mission Plan 44 include certain recommendations; requiring each port 45 member of the council to submit a certain semiannual 46 report to the department; amending s. 311.10, F.S.; 47 requiring seaports located in specified counties to 48 include certain statements in any agreement with the 49 department as a condition of receiving certain grants 50 or state funds; requiring that express approval for 51 certain seaport conversions be obtained by specified 52 entities upon recommendation by the funding agency; 53 defining the term cargo purposes; amending s. 54 311.101, F.S.; revising the definition of the term 55 intermodal logistics center; creating an intermodal 56 logistics center working group within the department; 57 providing the composition of the working group 58 membership; specifying that members of the working 59 group serve without compensation but are eligible for 60 per diem and travel expenses; providing 61 responsibilities of the working group; requiring the 62 working group to submit a report to the Governor and 63 the Legislature by a specified date; providing for the 64 future repeal of the working group; amending s. 65 316.003, F.S.; revising the definition of the term 66 special mobile equipment; repealing s. 316.0741, 67 F.S., relating to high-occupancy-vehicle lanes; 68 amending s. 316.0745, F.S.; deleting language limiting 69 the state funds that may be withheld due to certain 70 violations by a public body or official to state funds 71 for traffic control purposes; providing that such 72 violations are cause for the withholding of state 73 funds deposited in the State Transportation Trust 74 Fund; amending s. 316.550, F.S.; authorizing the 75 department to issue a mobile crane special blanket 76 permit for certain purposes; amending s. 320.084, 77 F.S.; providing for disabled veteran motor vehicle 78 license plates in lieu of DV motor vehicle license 79 plates; revising construction; amending s. 320.0848, 80 F.S.; conforming a provision to changes made by the 81 act; amending s. 330.27, F.S.; revising definitions 82 and defining terms; amending s. 330.30, F.S.; 83 requiring a private airport of public interest to 84 obtain a certain certificate from the department 85 before allowing aircraft operations; requiring certain 86 private airports to obtain a certain certificate from 87 the department by a specified date; creating s. 88 330.355, F.S.; prohibiting publicly owned airports 89 from charging a landing fee established on or after a 90 specified date for certain aircraft operations; 91 amending s. 331.371, F.S.; authorizing the department, 92 in consultation with the Department of Commerce and 93 the Department of Environmental Protection, to fund 94 certain infrastructure projects and projects 95 associated with certain critical infrastructure 96 projects; requiring such departments to coordinate in 97 funding certain projects for a specified purpose; 98 amending s. 332.003, F.S.; revising a short title; 99 amending s. 332.005, F.S.; requiring airports to 100 provide the Department of Transportation with the 101 opportunity to use certain airport property for a 102 specified purpose during a declared state of 103 emergency; requiring that such use be conducted 104 pursuant to a written agreement after a certain period 105 of use; amending s. 332.006, F.S.; deleting a 106 requirement that the department meet certain duties 107 and responsibilities within the resources provided 108 pursuant to a specified chapter; providing duties and 109 responsibilities of the department relating to certain 110 educational services; amending s. 332.007, F.S.; 111 requiring commercial service airports to establish and 112 maintain a certain program; defining the term airport 113 infrastructure; requiring that such airports provide 114 a certain annual certification to the department; 115 requiring that a certain program report be open to 116 department inspection and maintained for a specified 117 period; providing requirements for such program; 118 revising the list of projects for which the department 119 must provide priority funding; authorizing the 120 department to fund eligible projects performed by 121 certain organizations and postsecondary education 122 institutions; providing that certain programs are 123 eligible projects; authorizing the department to 124 provide certain matching funds; revising the 125 circumstances in which the department may fund 126 strategic airport investment projects; amending s. 127 332.0075, F.S.; revising definitions; requiring that 128 certain information remain posted on a governing 129 bodys website for a certain period; revising the 130 information that must be included on such website; 131 requiring the quarterly, rather than annual, update of 132 certain information; revising information that the 133 governing body of a commercial service airport must 134 submit to the department annually; requiring a 135 commercial service airport to provide certain 136 notifications to the department; creating s. 332.15, 137 F.S.; requiring the department to address certain 138 needs in the statewide aviation system plan and the 139 departments work program, designate a certain subject 140 matter expert, conduct a specified review, and, in 141 coordination with the Department of Commerce, provide 142 certain coordination and assistance for the 143 development of a viable advanced air mobility system 144 plan; amending s. 334.044, F.S.; revising the general 145 powers and duties of the department; amending s. 146 334.045, F.S.; requiring certain measures developed 147 and adopted by the Florida Transportation Commission 148 to assess performance in a specified business 149 development program, instead of disadvantaged business 150 enterprise and minority business programs; amending s. 151 334.27, F.S.; providing powers of certain parking 152 authorities; authorizing parking authorities to engage 153 in certain activities upon entering into an interlocal 154 agreement with certain political subdivisions; 155 creating s. 334.62, F.S.; providing legislative 156 findings; establishing the Florida Transportation 157 Academy within the department; authorizing the 158 department to coordinate with certain entities for 159 specified purposes; amending s. 335.182, F.S.; 160 defining the term modification of an existing 161 connection; revising the definition of the term 162 significant change; amending s. 335.187, F.S.; 163 authorizing the department to modify or revoke certain 164 access permits by requiring modification of an 165 existing connection in certain circumstances; amending 166 s. 337.027, F.S.; revising the definition of the term 167 small business; authorizing the department to 168 provide notice of certain opportunities; amending s. 169 337.11, F.S.; requiring the department to give 170 consideration to small business participation, instead 171 of disadvantaged business enterprise participation; 172 repealing s. 337.125, F.S., relating to socially and 173 economically disadvantaged business enterprises and 174 notice requirements; repealing s. 337.135, F.S., 175 relating to socially and economically disadvantaged 176 business enterprises and punishment for false 177 representation; repealing s. 337.139, F.S., relating 178 to efforts to encourage awarding contracts to 179 disadvantaged business enterprises; amending s. 180 337.18, F.S.; authorizing the Secretary of 181 Transportation to require a surety bond in an amount 182 that is less than the awarded contract price; amending 183 s. 337.251, F.S.; revising factors that may be 184 considered by the department when selecting certain 185 proposals; amending s. 337.401, F.S.; prohibiting a 186 municipality from prohibiting, or requiring a permit 187 for, the installation of certain public sewer 188 transmission lines; amending s. 337.406, F.S.; 189 prohibiting camping on any portion of the right-of-way 190 of the State Highway System; providing applicability; 191 amending s. 338.227, F.S.; revising the purpose for 192 which the department and the Department of Management 193 Services shall create and implement a certain outreach 194 program; amending s. 339.08, F.S.; defining the term 195 energy policy of the state; prohibiting the 196 department from expending state funds to support 197 projects or programs of certain entities in certain 198 circumstances; repealing s. 339.0805, F.S., relating 199 to funds to be expended with certified disadvantaged 200 business enterprises, a construction management 201 development program, and a bond guarantee program; 202 amending s. 339.135, F.S.; requiring that funds for 203 rural transit operating block grants be allocated in a 204 certain manner; amending s. 339.2821, F.S.; requiring 205 the department to ensure that it is supportive of 206 small businesses, rather than ensuring that small and 207 minority businesses have equal access to participation 208 in certain transportation projects; repealing s. 209 339.287, F.S., relating to electric vehicle charging 210 stations and infrastructure plan development; amending 211 s. 339.63, F.S.; deleting the definition of the term 212 intermodal logistics center; amending s. 339.651, 213 F.S.; authorizing, rather than requiring, the 214 department to make a certain amount available from the 215 existing work program to fund certain projects 216 annually; deleting the scheduled repeal of provisions 217 relating to Strategic Intermodal System supply chain 218 demands; amending s. 341.051, F.S.; providing for the 219 reallocation of certain funds; deleting the scheduled 220 repeal of provisions providing for the reallocation of 221 certain funds; amending s. 341.052, F.S.; revising the 222 list of providers to which certain block grant funds 223 shall be provided; revising the specified report used 224 to verify certain data; creating s. 341.0525, F.S.; 225 creating a rural transit operating block grant program 226 to be administered by the department; requiring the 227 annual allocation of certain funds from the State 228 Transportation Trust Fund for the program; providing 229 for the distribution of funds to each eligible public 230 transit provider in at least a certain amount; 231 providing authorized uses of grant funds; prohibiting 232 state participation in certain costs above a specified 233 percentage or amount; prohibiting an eligible public 234 transit provider from using block grant funds in a 235 certain manner; providing an exception; prohibiting 236 the state from giving a county more than a specified 237 percentage of available funds or a certain amount; 238 providing eligibility requirements; requiring an 239 eligible provider to return funds under certain 240 circumstances; authorizing the department to consult 241 with an eligible provider before distributing funds to 242 make a certain determination; requiring an eligible 243 provider to repay to the department funds expended on 244 unauthorized uses if revealed in an audit; requiring 245 the department to redistribute returned and repaid 246 funds to other eligible providers; amending s. 247 348.754, F.S.; revising the types of businesses the 248 Central Florida Expressway Authority is required to 249 encourage the inclusion of in certain opportunities; 250 amending s. 349.03, F.S.; revising membership 251 requirements for the governing body of the 252 Jacksonville Transportation Authority; amending ss. 253 110.205, 322.27, 365.172, 379.2293, 493.6101, and 254 493.6403, F.S.; conforming cross-references and 255 provisions to changes made by the act; providing an 256 effective date. 257 258 Be It Enacted by the Legislature of the State of Florida: 259 260 Section 1.Present subsections (3) through (6) of section 261 20.23, Florida Statutes, are redesignated as subsections (4) 262 through (7), respectively, a new subsection (3) is added to that 263 section, and paragraph (d) of subsection (1), paragraphs (a), 264 (b), and (g) of subsection (2), and paragraph (b) of present 265 subsection (3) of that section are amended, to read: 266 20.23Department of Transportation.There is created a 267 Department of Transportation which shall be a decentralized 268 agency. 269 (1) 270 (d)The secretary may appoint up to three assistant 271 secretaries, who shall serve as the Chief Operations Officer, 272 Chief Finance and Administration Officer, and Chief Strategic 273 Development Officer, respectively; be directly responsible to 274 the secretary; and who shall perform such duties as are assigned 275 by the secretary. The secretary may also appoint an Executive 276 Director of Transportation Technology. Such assistant secretary 277 and executive director positions are exempt from career service 278 pursuant to s. 110.205(2)(j) and are included in the Senior 279 Management Service. The secretary shall designate to an 280 assistant secretary the duties related to enhancing economic 281 prosperity, including, but not limited to, the responsibility of 282 liaison with the head of economic development in the Executive 283 Office of the Governor. Such assistant secretary shall be 284 directly responsible for providing the Executive Office of the 285 Governor with investment opportunities and transportation 286 projects that expand the states role as a global hub for trade 287 and investment and enhance the supply chain system in the state 288 to process, assemble, and ship goods to markets throughout the 289 eastern United States, Canada, the Caribbean, and Latin America. 290 The secretary may delegate to any assistant secretary the 291 authority to act in the absence of the secretary. 292 (2)(a)1.The Florida Transportation Commission is hereby 293 created and shall be composed consist of nine members appointed 294 by the Governor subject to confirmation by the Senate. Members 295 of the commission shall serve terms of 4 years each. 296 2.Members shall be appointed in such a manner as to 297 equitably represent all geographic areas of the state. Each 298 member must be a registered voter and a citizen of the state. At 299 least three members of the commission must be representatives of 300 or possess expertise in the higher education, transportation, or 301 workforce development industries Each member of the commission 302 must also possess business managerial experience in the private 303 sector. 304 3.A member of the commission shall represent the 305 transportation needs of the state as a whole and may not 306 subordinate the needs of the state to those of any particular 307 area of the state. 308 4.The commission is assigned to the Office of the 309 Secretary of the Department of Transportation for administrative 310 and fiscal accountability purposes, but it shall otherwise 311 function independently of the control and direction of the 312 department. 313 (b)The commission shall: 314 1.Recommend major transportation policies for the 315 Governors approval and assure that approved policies and any 316 revisions are properly executed. 317 2.Periodically review the status of the state 318 transportation system, including highway, transit, rail, 319 seaport, intermodal development, and aviation components of the 320 system, and recommend improvements to the Governor and the 321 Legislature. 322 3.Perform an in-depth evaluation of the annual department 323 budget request, the Florida Transportation Plan, and the 324 tentative work program for compliance with all applicable laws 325 and established departmental policies. Except as specifically 326 provided in s. 339.135(4)(c)2., (d), and (f), the commission may 327 not consider individual construction projects but shall consider 328 methods of accomplishing the goals of the department in the most 329 effective, efficient, and businesslike manner. 330 4.Monitor the financial status of the department on a 331 regular basis to assure that the department is managing revenue 332 and bond proceeds responsibly and in accordance with law and 333 established policy. 334 5.Monitor on at least a quarterly basis the efficiency, 335 productivity, and management of the department using performance 336 and production standards developed by the commission pursuant to 337 s. 334.045. 338 6.Perform an in-depth evaluation of the factors causing 339 disruption of project schedules in the adopted work program and 340 recommend to the Governor and the Legislature methods to 341 eliminate or reduce the disruptive effects of these factors. 342 7.Recommend to the Governor and the Legislature 343 improvements to the departments organization in order to 344 streamline and optimize the efficiency of the department. In 345 reviewing the departments organization, the commission shall 346 determine if the current district organizational structure is 347 responsive to this states changing economic and demographic 348 development patterns. The report by the commission must be 349 delivered to the Governor and the Legislature by December 15 350 each year, as appropriate. The commission may retain experts as 351 necessary to carry out this subparagraph, and the department 352 shall pay the expenses of the experts. 353 8.Monitor the efficiency, productivity, and management of 354 the agencies and authorities created under chapters 348 and 349; 355 the Mid-Bay Bridge Authority re-created pursuant to chapter 356 2000-411, Laws of Florida; and any authority formed under 357 chapter 343; and any transit entity that receives funding under 358 the public transit block grant program pursuant to s. 341.052. 359 The commission shall also conduct periodic reviews of each 360 agencys and authoritys operations and budget, acquisition of 361 property, management of revenue and bond proceeds, and 362 compliance with applicable laws and generally accepted 363 accounting principles. 364 (g)A member of the commission shall follow the standards 365 of conduct for public officers provided in s. 112.313 may not 366 have any interest, direct or indirect, in any contract, 367 franchise, privilege, or other benefit granted or awarded by the 368 department during the term of his or her appointment and for 2 369 years after the termination of such appointment. 370 (3)The Legislature finds that the transportation industry 371 is critical to the economic future of this state and that the 372 competitiveness of the industry in this state depends upon the 373 development and maintenance of a qualified workforce and 374 cutting-edge research and innovation. The Legislature further 375 finds that the transportation industry in this state has varied 376 and complex workforce needs ranging from technical and 377 mechanical training to continuing education opportunities for 378 workers with advanced degrees and certifications. The timely 379 need also exists for coordinated research and innovation efforts 380 to promote emerging technologies and innovative construction 381 methods and tools and to address alternative funding mechanisms. 382 It is the intent of the Legislature to support programs designed 383 to address the workforce development needs of the states 384 transportation industry. 385 (a)The Florida Transportation Research Institute is 386 created as a consortium of higher education professionals. The 387 purpose of the institute is to drive cutting-edge research, 388 innovation, transformational technologies, and breakthrough 389 solutions and to support workforce development efforts that 390 contribute to this states transportation industry. 391 (b)The mission of the institute is to advance the states 392 transportation infrastructure and systems through research, 393 education, and engagement for a safer and more efficient, 394 resilient, and innovative movement of people and goods 395 throughout this state. 396 (c)The institute shall report to the department and shall 397 be composed of members from the University of Florida, Indian 398 River State College, the University of Central Florida, the 399 University of South Florida, and Florida International 400 University. The department shall select a member to serve as the 401 administrative lead of the institute. The department shall 402 assess the performance of the administrative lead periodically 403 to ensure accountability and assess the attainment of 404 performance goals. 405 (d)The Secretary of Transportation shall appoint a 406 representative of the department to serve as the executive 407 director of the institute. The department shall coordinate with 408 the members of the institute to adopt policies establishing the 409 institutes executive committee and mission statement. 410 (e)The institute may award grants in alignment with its 411 purpose. Such grants may be directed to member and nonmember 412 institutions that have a proven expertise relevant to the grant, 413 including not-for-profit organizations and institutions of 414 higher education. 415 (f)The department may allocate funds to the institute from 416 the State Transportation Trust Fund. The institute may expend 417 such funds for the institutes operations and programs to 418 support research and innovation projects that provide solutions 419 for this states transportation needs. 420 (g)The institute shall submit an annual report of 421 performance metrics to the Secretary of Transportation and the 422 commission. The report must include, but is not limited to, 423 expenditures of funds allocated to the institute by the 424 department, ongoing and proposed research efforts, and the 425 application and success of past research efforts. 426 (4)(3) 427 (b)The secretary may appoint positions at the level of 428 deputy assistant secretary or director which the secretary deems 429 necessary to accomplish the mission and goals of the department, 430 including, but not limited to, the areas of program 431 responsibility provided in this paragraph, each of whom shall be 432 appointed by and serve at the pleasure of the secretary. The 433 secretary may combine, separate, or delete offices as needed in 434 consultation with the Executive Office of the Governor. The 435 departments areas of program responsibility include, but are 436 not limited to, all of the following: 437 1.Administration. 438 2.Planning. 439 3.Supply chain and modal development. 440 4.Design. 441 5.Highway operations. 442 6.Right-of-way. 443 7.Toll operations. 444 8.Transportation technology. 445 9.Information technology systems. 446 10.Motor carrier weight inspection. 447 11.Work program and budget. 448 12.Comptroller. 449 13.Construction. 450 14.Statewide corridors. 451 15.Maintenance. 452 16.Forecasting and performance. 453 17.Emergency management. 454 18.Safety. 455 19.Materials. 456 20.Infrastructure and innovation. 457 21.Permitting. 458 22.Traffic operations. 459 23.Operational technology. 460 Section 2.Paragraph (b) of subsection (3) of section 461 311.07, Florida Statutes, is amended to read: 462 311.07Florida seaport transportation and economic 463 development funding. 464 (3) 465 (b)Projects eligible for funding by grants under the 466 program are limited to the following port facilities or port 467 transportation projects: 468 1.Transportation facilities within the jurisdiction of the 469 port. 470 2.The dredging or deepening of channels, turning basins, 471 or harbors. 472 3.The construction or rehabilitation of wharves, docks, 473 structures, jetties, piers, storage facilities, cruise 474 terminals, automated people mover systems, or any facilities 475 necessary or useful in connection with any of the foregoing. 476 4.The acquisition of vessel tracking systems, container 477 cranes, or other mechanized equipment used in the movement of 478 cargo or passengers in international commerce. 479 5.The acquisition of land to be used for port purposes. 480 6.The acquisition, improvement, enlargement, or extension 481 of existing port facilities. 482 7.Environmental protection projects which are necessary 483 because of requirements imposed by a state agency as a condition 484 of a permit or other form of state approval; which are necessary 485 for environmental mitigation required as a condition of a state, 486 federal, or local environmental permit; which are necessary for 487 the acquisition of spoil disposal sites and improvements to 488 existing and future spoil sites; or which result from the 489 funding of eligible projects listed in this paragraph. 490 8.Transportation facilities as defined in s. 334.03(30) 491 which are not otherwise part of the Department of 492 Transportations adopted work program. 493 9.Intermodal access projects. 494 10.Construction or rehabilitation of port facilities as 495 defined in s. 315.02, excluding any park or recreational 496 facilities, in ports listed in s. 311.09(1) with operating 497 revenues of $5 million or less, provided that such projects 498 create economic development opportunities, capital improvements, 499 and positive financial returns to such ports. 500 11.Seaport master plan or strategic plan development or 501 updates, including the purchase of data to support such plans. 502 12.Spaceport or space industry-related planning or 503 construction of facilities on seaport property which are 504 necessary or useful for advancing the space industry in this 505 state and provide an economic benefit to this state. 506 13.Commercial shipbuilding and manufacturing facilities on 507 seaport property, if such projects provide an economic benefit 508 to the community in which the seaport is located. 509 Section 3.Subsections (1) and (3) of section 311.09, 510 Florida Statutes, are amended to read: 511 311.09Florida Seaport Transportation and Economic 512 Development Council. 513 (1)The Florida Seaport Transportation and Economic 514 Development Council is created within the Department of 515 Transportation. The purpose of the council is to support the 516 growth of seaports in this state through review, development, 517 and financing of port transportation and port facilities. The 518 council is composed consists of the following 18 members: the 519 port director, or the port directors designee, of each of the 520 ports of Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, 521 Palm Beach, Port Everglades, Miami, Port Manatee, St. 522 Petersburg, Putnam County, Tampa, Port St. Joe, Panama City, 523 Pensacola, Key West, and Fernandina; the secretary of the 524 Department of Transportation or his or her designee; and the 525 secretary of the Department of Commerce or his or her designee. 526 (3)The council shall prepare a 5-year Florida Seaport 527 Mission Plan defining the goals and objectives of the council 528 concerning the development of port facilities and an intermodal 529 transportation system consistent with the goals of the Florida 530 Transportation Plan developed pursuant to s. 339.155. The 531 Florida Seaport Mission Plan shall include specific 532 recommendations for the construction of transportation 533 facilities connecting any port to another transportation mode, 534 the construction of transportation facilities connecting any 535 port to the space and aerospace industries, and for the 536 efficient, cost-effective development of transportation 537 facilities or port facilities for the purpose of enhancing 538 trade, promoting cargo flow, increasing cruise passenger 539 movements, increasing port revenues, and providing economic 540 benefits to the state. The council shall develop a priority list 541 of projects based on these recommendations annually and submit 542 the list to the Department of Transportation. The council shall 543 update the 5-year Florida Seaport Mission Plan annually and 544 shall submit the plan no later than February 1 of each year to 545 the President of the Senate, the Speaker of the House of 546 Representatives, the Department of Commerce, and the Department 547 of Transportation. The council shall develop programs, based on 548 an examination of existing programs in Florida and other states, 549 for the training of minorities and secondary school students in 550 job skills associated with employment opportunities in the 551 maritime industry, and report on progress and recommendations 552 for further action to the President of the Senate and the 553 Speaker of the House of Representatives annually. Each port 554 member of the council shall submit a semiannual report related 555 to his or her ports operations and support of the states 556 economic competitiveness and supply chain. Reports must be 557 submitted to the Department of Transportation and include any 558 information required by the Department of Transportation in 559 consultation with the Department of Commerce. Such reports must 560 include, but are not limited to, all of the following 561 information: 562 (a)Bulk break capacity. 563 (b)Liquid storage and capacity. 564 (c)Fuel storage and capacity. 565 (d)Container capacity. 566 (e)A description of any supply chain disruption. 567 Section 4.Subsection (4) is added to section 311.10, 568 Florida Statutes, to read: 569 311.10Strategic Port Investment Initiative. 570 (4)As a condition of receiving a project grant under any 571 program established in this chapter and as a condition of 572 receiving state funds as described in s. 215.31, a seaport 573 located in any county identified in s. 331.304(1), (5), or (7) 574 must include in any agreement with the Department of 575 Transportation that the seaport may not convert any planned or 576 existing land, facility, or infrastructure designated for cargo 577 purposes to any alternative purpose unless the conversion is 578 approved by the seaport at a publicly noticed meeting as a 579 separate line item on the agenda and with a reasonable 580 opportunity for public comment. If the conversion is approved by 581 the seaport, express approval must be obtained by the Florida 582 Seaport Transportation and Economic Development Council and the 583 Florida Transportation Commission upon recommendation by the 584 funding agency. As used in this subsection, the term cargo 585 purposes includes, but is not limited to, any facility, 586 activity, property, energy source, or infrastructure asset that 587 supports spaceport activities. 588 Section 5.Present subsection (8) of section 311.101, 589 Florida Statutes, is redesignated as subsection (9), a new 590 subsection (8) is added to that section, and subsection (2) of 591 that section is amended, to read: 592 311.101Intermodal Logistics Center Infrastructure Support 593 Program. 594 (2)For the purposes of this section, the term intermodal 595 logistics center, including, but not limited to, an inland 596 port, means a facility or group of facilities serving as a 597 point of intermodal transfer of freight in a specific area 598 physically separated from a seaport where activities relating to 599 transport, logistics, goods distribution, consolidation, or 600 value-added activities are carried out and whose activities and 601 services are designed to support or be supported by conveyance 602 or shipping through one or more seaports listed in s. 311.09 or 603 airports as defined in s. 330.27. 604 (8)(a)There is created within the Department of 605 Transportation an intermodal logistics center working group. The 606 purpose of the working group is to coordinate the planning and 607 development of intermodal logistics centers across this state. 608 The working group shall be composed of the following members: 609 1.The Secretary of Transportation, or his or her designee. 610 2.The Secretary of Commerce, or his or her designee. 611 3.The Commissioner of Agriculture, or his or her designee. 612 4.One member from a seaport listed in s. 311.09(1), 613 appointed by the Secretary of Transportation. 614 5.One member from an airport, appointed by the Secretary 615 of Transportation. 616 6.One member from an intermodal logistics center, 617 appointed by the Secretary of Transportation. 618 7.One member from the agricultural industry, appointed by 619 the Commissioner of Agriculture. 620 8.One member from the trucking industry, appointed by the 621 Secretary of Transportation. 622 9.One member from the freight rail industry, appointed by 623 the Secretary of Transportation. 624 10.One member from the passenger rail industry, appointed 625 by the Secretary of Transportation. 626 11.One member from a business located within an intermodal 627 logistics center, appointed by the Secretary of Commerce. 628 12.One member from a local workforce development board 629 created pursuant to chapter 445, appointed by the president of 630 CareerSource Florida, Inc. 631 (b)The Secretary of Transportation, or his or her 632 designee, shall serve as the chair of the working group. The 633 Secretary of Commerce, or his or her designee, shall serve as 634 vice chair of the working group. 635 (c)Members of the working group shall serve without 636 compensation but are eligible for per diem and travel expenses 637 pursuant to s. 112.061. 638 (d)The working group is responsible for all of the 639 following: 640 1.Conducting a study of regional needs regarding 641 intermodal logistics centers, including a breakdown of urban 642 versus rural locations for intermodal logistics centers. 643 2.Determining the statewide benefits of intermodal 644 logistics centers. 645 3.Evaluating the impact of existing and proposed freight 646 and passenger rail service on existing rail corridors and the 647 need for any additional rail capacity. 648 4.Evaluating key criteria used by the state to expand and 649 develop the intermodal logistics center network through the use 650 of the Strategic Intermodal System created pursuant to ss. 651 339.61-339.651, including any recommended changes to state law. 652 5.Evaluating the readiness of existing and proposed 653 locations for intermodal logistics centers and developing a list 654 of improvements that may be necessary to attract businesses to 655 those centers. 656 6.Evaluating and recommending potential state policies 657 that would enhance the development of a long-term statewide 658 strategy regarding intermodal logistics centers. 659 7.Evaluating the operations of freight logistics zones as 660 defined in s. 311.103(1), including the processes for their 661 designation and funding. 662 (e)On or before January 1, 2027, the working group shall 663 submit a report to the Governor, the President of the Senate, 664 and the Speaker of the House of Representatives providing the 665 working groups findings and recommendations regarding the 666 responsibilities listed in paragraph (d). 667 (f)This subsection is repealed on June 30, 2027. 668 Section 6.Subsection (83) of section 316.003, Florida 669 Statutes, is amended to read: 670 316.003Definitions.The following words and phrases, when 671 used in this chapter, shall have the meanings respectively 672 ascribed to them in this section, except where the context 673 otherwise requires: 674 (83)SPECIAL MOBILE EQUIPMENT.Any vehicle not designed or 675 used primarily for the transportation of persons or property and 676 only incidentally operated or moved over a highway, including, 677 but not limited to, ditchdigging apparatus, well-boring 678 apparatus, and road construction and maintenance machinery, such 679 as asphalt spreaders, bituminous mixers, bucket loaders, 680 tractors other than truck tractors, ditchers, leveling graders, 681 finishing machines, motor graders, road rollers, scarifiers, 682 earthmoving carryalls and scrapers, power shovels and draglines, 683 mobile and self-propelled cranes and accessory support vehicles, 684 and earthmoving equipment. The term does not include house 685 trailers, dump trucks, truck-mounted transit mixers, cranes or 686 shovels, or other vehicles designed for the transportation of 687 persons or property to which machinery has been attached. 688 Section 7.Section 316.0741, Florida Statutes, is repealed. 689 Section 8.Subsection (7) of section 316.0745, Florida 690 Statutes, is amended to read: 691 316.0745Uniform signals and devices. 692 (7)The Department of Transportation may, upon receipt and 693 investigation of reported noncompliance and after hearing 694 pursuant to 14 days notice, direct the removal of any purported 695 traffic control device that fails to meet the requirements of 696 this section, wherever the device is located and without regard 697 to assigned responsibility under s. 316.1895. The public agency 698 erecting or installing the same shall immediately bring it into 699 compliance with the requirements of this section or remove said 700 device or signal upon the direction of the Department of 701 Transportation and may not, for a period of 5 years, install any 702 replacement or new traffic control devices paid for in part or 703 in full with revenues raised by the state unless written prior 704 approval is received from the Department of Transportation. Any 705 additional violation by a public body or official shall be cause 706 for the withholding of state funds deposited in the State 707 Transportation Trust Fund for traffic control purposes until 708 such public body or official demonstrates to the Department of 709 Transportation that it is complying with this section. 710 Section 9.Subsection (3) of section 316.550, Florida 711 Statutes, is amended to read: 712 316.550Operations not in conformity with law; special 713 permits. 714 (3)Notwithstanding subsection (2), the Department of 715 Transportation may issue a mobile crane special blanket permit 716 for any of the following purposes: 717 (a)To authorize a mobile crane to operate on and A permit 718 may authorize a self-propelled truck crane operating off the 719 Interstate Highway System while towing to tow a motor vehicle 720 that which does not weigh more than 5,000 pounds if the combined 721 weight of the crane and such motor vehicle does not exceed 722 95,000 pounds. Notwithstanding s. 320.01(7) or (12), mobile 723 truck cranes that tow another motor vehicle under the provision 724 of this subsection shall be taxed under the provisions of s. 725 320.08(5)(b). 726 (b)To authorize a mobile crane and accessory support 727 vehicles that are up to 12 feet in width, 14 feet 6 inches in 728 height, and 100 feet in length to operate on and off the 729 Interstate Highway System at all hours except as restricted 730 under a local travel-related curfew. 731 (c)To authorize a mobile crane and accessory support 732 vehicles that, due to their design for special use, exceed the 733 weight limits established in s. 316.535 to operate on and off 734 the Interstate Highway System. 735 Section 10.Subsections (1) and (3), paragraphs (a) and (c) 736 of subsection (4), and subsection (6) of section 320.084, 737 Florida Statutes, are amended to read: 738 320.084Free motor vehicle license plate to certain 739 disabled veterans. 740 (1)One free disabled veteran DV motor vehicle license 741 number plate shall be issued by the department for use on any 742 motor vehicle owned or leased by any disabled veteran who has 743 been a resident of this state continuously for the preceding 5 744 years or has established a domicile in this state as provided by 745 s. 222.17(1), (2), or (3), and who has been honorably discharged 746 from the United States Armed Forces, upon application, 747 accompanied by proof that: 748 (a)A vehicle was initially acquired through financial 749 assistance by the United States Department of Veterans Affairs 750 or its predecessor specifically for the purchase of an 751 automobile; 752 (b)The applicant has been determined by the United States 753 Department of Veterans Affairs or its predecessor to have a 754 service-connected 100-percent disability rating for 755 compensation; or 756 (c)The applicant has been determined to have a service 757 connected disability rating of 100 percent and is in receipt of 758 disability retirement pay from any branch of the United States 759 Armed Services. 760 (3)The department shall, as it deems necessary, require 761 each person to whom a motor vehicle license plate has been 762 issued pursuant to subsection (1) to apply to the department for 763 reissuance of his or her registration license plate. Upon 764 receipt of the application and proof of the applicants 765 continued eligibility, the department shall issue a new 766 permanent disabled veteran DV numerical motor vehicle license 767 plate which shall be of the colors red, white, and blue similar 768 to the colors of the United States flag. The operation of a 769 motor vehicle displaying a disabled veteran DV license plate 770 from a previous issue period or a noncurrent validation sticker 771 after the date specified by the department shall subject the 772 owner if he or she is present, otherwise the operator, to the 773 penalty provided in s. 318.18(2). Such permanent license plate 774 shall be removed upon sale of the vehicle, but may be 775 transferred to another vehicle owned by such veteran in the 776 manner prescribed by law. The license number of each plate 777 issued under this section shall be identified by the letter 778 designation DV. Upon request of any such veteran, the 779 department is authorized to issue a designation plate containing 780 only the letters DV, to be displayed on the front of the 781 vehicle. 782 (4)(a)With the issuance of each new permanent disabled 783 veteran DV numerical motor vehicle license plate, the 784 department shall initially issue, without cost to the applicant, 785 a validation sticker reflecting the owners birth month and a 786 serially numbered validation sticker reflecting the year of 787 expiration. The initial sticker reflecting the year of 788 expiration may not exceed 27 months. 789 (c)Registration under this section shall be renewed 790 annually or biennially during the applicable renewal period on 791 forms prescribed by the department, which shall include, in 792 addition to any other information required by the department, a 793 certified statement as to the continued eligibility of the 794 applicant to receive the special disabled veteran DV license 795 plate. Any applicant who falsely or fraudulently submits to the 796 department the certified statement required by this paragraph is 797 guilty of a noncriminal violation and is subject to a civil 798 penalty of $50. 799 (6)(a)A disabled veteran who meets the requirements of 800 subsection (1) may be issued, in lieu of the disabled veteran 801 DV license plate, a military license plate for which he or she 802 is eligible or a specialty license plate embossed with the 803 initials DV in the top left-hand corner. A disabled veteran 804 electing a military license plate or specialty license plate 805 under this subsection must pay all applicable fees related to 806 such license plate, except for fees otherwise waived under 807 subsections (1) and (4). 808 (b)A military license plate or specialty license plate 809 elected under this subsection: 810 1.Does not provide the protections or rights afforded by 811 ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041. 812 2.is not eligible for the international symbol of 813 accessibility as described in s. 320.0842. 814 Section 11.Paragraph (e) of subsection (2) of section 815 320.0848, Florida Statutes, is amended to read: 816 320.0848Persons who have disabilities; issuance of 817 disabled parking permits; temporary permits; permits for certain 818 providers of transportation services to persons who have 819 disabilities. 820 (2)DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM 821 MOBILITY PROBLEMS. 822 (e)A person who qualifies for a disabled parking permit 823 under this section may be issued an international wheelchair 824 user symbol license plate under s. 320.0843 in lieu of the 825 disabled parking permit; or, if the person qualifies for a 826 disabled veteran DV license plate under s. 320.084, such a 827 license plate may be issued to him or her in lieu of a disabled 828 parking permit. 829 Section 12.Section 330.27, Florida Statutes, is amended to 830 read: 831 330.27Definitions, when used in ss. 330.29-330.39. 832 (1)Air ambulance operation means a flight with a patient 833 or medical personnel on board for the purpose of medical 834 transportation. 835 (2)Aircraft means a powered or unpowered machine or 836 device capable of atmospheric flight, including, but not limited 837 to, an airplane, an autogyro, a glider, a gyrodyne, a 838 helicopter, a lift and cruise, a multicopter, paramotors, a 839 powered lift, a seaplane, a tiltrotor, an ultralight, and a 840 vectored thrust. The term does not include except a parachute or 841 other such device used primarily as safety equipment. 842 (3)(2)Airport means a specific an area of land or water 843 or a structure used for, or intended to be used for, aircraft 844 operations, which may include landing and takeoff of aircraft, 845 including appurtenant areas, buildings, facilities, or rights 846 of-way necessary to facilitate such use or intended use. The 847 term includes, but is not limited to, airparks, airports, 848 gliderports, heliports, helistops, seaplane bases, ultralight 849 flightparks, vertiports, and vertistops. 850 (4)Commercial air tour operation means a flight 851 conducted for compensation or hire in an aircraft where a 852 purpose of the flight is sightseeing. 853 (5)Commuter operation means any scheduled operation 854 conducted by a person operating an aircraft with a frequency of 855 operations of at least five round trips per week on at least one 856 route between two or more points according to the published 857 flight schedule. 858 (6)(3)Department means the Department of Transportation. 859 (7)(4)Limited airport means any airport limited 860 exclusively to the specific conditions stated on the site 861 approval order or license. 862 (8)On-demand operation means any scheduled passenger 863 carrying operation for compensation or hire conducted by a 864 person operating an aircraft with a frequency of operations of 865 fewer than five round trips per week on at least one route 866 between two or more points according to the published flight 867 schedule. 868 (9)(5)Private airport means an airport, publicly or 869 privately owned, which is not open or available for use by the 870 public, but may be made available to others by invitation of the 871 owner or manager. 872 (10)Private airport of public interest means a private 873 airport engaged in air ambulance operations, commercial air tour 874 operations, commuter operations, on-demand operations, public 875 charter operations, scheduled operations, or supplemental 876 operations. 877 (11)(6)Public airport means an airport, publicly or 878 privately owned, which is open for use by the public. 879 (12)Public charter operation means a one-way or round 880 trip charter flight performed by one or more direct air carriers 881 which is arranged and sponsored by a charter operator. 882 (13)Scheduled operation means any common carriage 883 passenger-carrying operation for compensation or hire conducted 884 by an air carrier or commercial operator for which the 885 certificateholder or its representative offers in advance the 886 departure location, departure time, and arrival location. 887 (14)Supplemental operation means any common carriage 888 operation for compensation or hire conducted with an aircraft 889 for which the departure time, departure location, and arrival 890 location are specifically negotiated with the customer or 891 customers representative. 892 (15)(7)Temporary airport means an airport at which 893 flight operations are conducted under visual flight rules 894 established by the Federal Aviation Administration and which is 895 used for less than 30 consecutive days with no more than 10 896 operations per day. 897 (8)Ultralight aircraft means any aircraft meeting the 898 criteria established by part 103 of the Federal Aviation 899 Regulations. 900 Section 13.Subsections (2) and (4) of section 330.30, 901 Florida Statutes, are amended to read: 902 330.30Approval of airport sites; registration, 903 certification, and licensure of airports. 904 (2)LICENSES, CERTIFICATIONS, AND REGISTRATIONS; 905 REQUIREMENTS, RENEWAL, REVOCATION. 906 (a)Except as provided in subsection (3), the owner or 907 lessee of an airport in this state shall have a public airport 908 license, private airport registration, or temporary airport 909 registration before the operation of aircraft to or from the 910 airport. Application for a license or registration shall be made 911 in a form and manner prescribed by the department. 912 1.For a public airport, upon granting site approval, the 913 department shall issue a license after a final airport 914 inspection finds the airport to be in compliance with all 915 requirements for the license. The license may be subject to any 916 reasonable conditions the department deems necessary to protect 917 the public health, safety, or welfare. 918 2.For a private airport, upon granting site approval, the 919 department shall provide controlled electronic access to the 920 state aviation facility data system to permit the applicant to 921 complete the registration process. Registration shall be 922 completed upon self-certification by the registrant of 923 operational and configuration data deemed necessary by the 924 department. 925 3.For a temporary airport, the department must publish 926 notice of receipt of a completed registration application in the 927 next available publication of the Florida Administrative 928 Register and may not approve a registration application less 929 than 14 days after the date of publication of the notice. The 930 department must approve or deny a registration application 931 within 30 days after receipt of a completed application and must 932 issue the temporary airport registration concurrent with the 933 airport site approval. A completed registration application that 934 is not approved or denied within 30 days after the department 935 receives the completed application is considered approved and 936 shall be issued, subject to such reasonable conditions as are 937 authorized by law. An applicant seeking to claim registration by 938 default under this subparagraph must notify the agency clerk of 939 the department, in writing, of the intent to rely upon the 940 default registration provision of this subparagraph and may not 941 take any action based upon the default registration until after 942 receipt of such notice by the agency clerk. 943 4.A private airport of public interest must obtain a 944 certificate from the department before allowing aircraft 945 operations. The department shall issue a certificate after a 946 final inspection finds the airport to be in compliance with all 947 certificate requirements. The certificate is subject to any 948 reasonable conditions the department deems necessary to protect 949 the public. A private airport that was engaged in operations 950 associated with a private airport of public interest on or 951 before July 1, 2025, must obtain a certificate from the 952 department by July 1, 2030. 953 (b)The department may license a public airport that does 954 not meet standards only if it determines that such exception is 955 justified by unusual circumstances or is in the interest of 956 public convenience and does not endanger the public health, 957 safety, or welfare. Such a license shall bear the designation 958 special and shall state the conditions subject to which the 959 license is granted. 960 (c)A temporary airport license or registration shall be 961 valid for less than 30 days and is not renewable. The department 962 may not approve a subsequent temporary airport registration 963 application for the same general location if the purpose or 964 effect is to evade otherwise applicable airport permitting or 965 licensure requirements. 966 (d)1.Each public airport license shall expire no later 967 than 1 year after the effective date of the license, except that 968 the expiration date of a license may be adjusted to provide a 969 maximum license period of 18 months to facilitate airport 970 inspections, recognize seasonal airport operations, or improve 971 administrative efficiency. 972 2.Registration for private airports shall remain valid 973 provided specific elements of airport data, established by the 974 department, are periodically recertified by the airport 975 registrant. The ability to recertify private airport 976 registration data shall be available at all times by electronic 977 submittal. A private airport registration that has not been 978 recertified in the 24-month period following the last 979 certification shall expire, unless the registration period has 980 been adjusted by the department for purposes of informing 981 private airport owners of their registration responsibilities or 982 promoting administrative efficiency. The expiration date of the 983 current registration period will be clearly identifiable from 984 the state aviation facility data system. 985 3.The effective date and expiration date shall be shown on 986 public airport licenses. Upon receiving an application for 987 renewal of an airport license in a form and manner prescribed by 988 the department and receiving a favorable inspection report 989 indicating compliance with all applicable requirements and 990 conditions, the department shall renew the license, subject to 991 any conditions deemed necessary to protect the public health, 992 safety, or welfare. 993 4.The department may require a new site approval for any 994 airport if the license or registration has expired. 995 5.If the renewal application for a public airport license 996 has not been received by the department or no private airport 997 registration recertification has been accomplished within 15 998 days after the date of expiration, the department may revoke the 999 airport license or registration. 1000 6.After initial registration, the department may issue a 1001 certificate to a private airport of public interest if the 1002 airport is found, after a physical inspection, to be in 1003 compliance with all certificate requirements. The certificate is 1004 subject to any reasonable condition that the department deems 1005 necessary to protect the public health, safety, or welfare. A 1006 private airport of public interest certificate expires 5 years 1007 after the effective date of the certificate. 1008 (e)The department may revoke, or refuse to allow or issue, 1009 any airport registration or recertification, or any license or 1010 license renewal, if it determines: 1011 1.That the site has been abandoned as an airport; 1012 2.That the airport does not comply with the conditions of 1013 the license, license renewal, or site approval; 1014 3.That the airport has become either unsafe or unusable 1015 for flight operation due to physical or legal changes in 1016 conditions that were the subject of approval; or 1017 4.That an airport required to file or update a security 1018 plan pursuant to paragraph (f) has failed to do so. 1019 (f)1.After initial licensure, a license of a publicly or 1020 privately owned general aviation airport that is open to the 1021 public, that has at least one runway greater than 4,999 feet in 1022 length, and that does not host scheduled passenger-carrying 1023 commercial service operations regulated under 14 C.F.R. part 139 1024 shall not be renewed or reissued unless an approved security 1025 plan has been filed with the department, except when the 1026 department determines that the airport is working in good faith 1027 toward completion and filing of the plan. 1028 2.Security plans required by this paragraph must be 1029 developed in accordance with the 2004 Security Planning for 1030 General Aviation Airports guidelines published by the Florida 1031 Airports Council. Certain administrative data from the approved 1032 security plan shall be submitted to the Department of Law 1033 Enforcement, in a format prescribed by the Department of Law 1034 Enforcement, for use in protecting critical infrastructure of 1035 the state. 1036 3.The department shall not approve a security plan for 1037 filing unless it is consistent with Florida Airports Council 1038 guidelines. 1039 4.An airport required to file a security plan pursuant to 1040 this paragraph shall update its plan at least once every 2 years 1041 after the initial filing date and file the updated plan with the 1042 department. The department shall review the updated plan prior 1043 to approving it for filing to determine whether it is consistent 1044 with Florida Airports Council guidelines. No renewal license 1045 shall be issued to the airport unless the department approves 1046 the updated security plan or determines that the airport is 1047 working in good faith to update it. 1048 (4)EXCEPTIONS.Private airports with 10 or more based 1049 aircraft may request to be inspected and licensed by the 1050 department. Private airports licensed according to this 1051 subsection shall be considered private airports as defined in s. 1052 330.27 s. 330.27(5) in all other respects. 1053 Section 14.Section 330.355, Florida Statutes, is created 1054 to read: 1055 330.355Prohibition on landing fees for certain aircraft 1056 operations.A publicly owned airport in this state may not 1057 charge a landing fee established on or after January 1, 2025, 1058 for aircraft operations conducted by an accredited nonprofit 1059 institution located in this state which offers a 4-year 1060 collegiate aviation program, if such aircraft operations are for 1061 flight training necessary for pilot certification and 1062 proficiency. 1063 Section 15.Section 331.371, Florida Statutes, is amended 1064 to read: 1065 331.371Strategic space infrastructure investment. 1066 (1)In consultation with Space Florida, the Department of 1067 Transportation may fund spaceport discretionary capacity 1068 improvement projects, as defined in s. 331.303, at up to 100 1069 percent of the projects cost if: 1070 (a)(1)Important access and on-spaceport-territory space 1071 transportation capacity improvements are provided; 1072 (b)(2)Capital improvements that strategically position the 1073 state to maximize opportunities in international trade are 1074 achieved; 1075 (c)(3)Goals of an integrated intermodal transportation 1076 system for the state are achieved; and 1077 (d)(4)Feasibility and availability of matching funds 1078 through federal, local, or private partners are demonstrated. 1079 (2)(a)In consultation with the Department of Commerce and 1080 the Department of Environmental Protection, the Department of 1081 Transportation may fund infrastructure projects, and projects 1082 associated with critical infrastructure facilities as defined in 1083 s. 692.201, within or outside of a spaceport territory as long 1084 as the project supports aerospace or launch support facilities 1085 within an adjacent spaceport territory boundary. 1086 (b)The Department of Transportation, the Department of 1087 Commerce, and the Department of Environmental Protection shall 1088 coordinate in funding projects under this subsection to optimize 1089 the use of available funds. 1090 Section 16.Section 332.003, Florida Statutes, is amended 1091 to read: 1092 332.003Florida Airport Development and Accountability 1093 Assistance Act; short title.Sections 332.003-332.007 may be 1094 cited as the Florida Airport Development and Accountability 1095 Assistance Act. 1096 Section 17.Section 332.005, Florida Statutes, is amended 1097 to read: 1098 332.005Restrictions on authority of Department of 1099 Transportation. 1100 (1)This act specifically prohibits the Department of 1101 Transportation from regulating commercial air carriers operating 1102 within the state pursuant to federal authority and regulations; 1103 from participating in or exercising control in the management 1104 and operation of a sponsors airport, except when officially 1105 requested by the sponsor; or from expanding the design or 1106 operational capability of the department in the area of airport 1107 and aviation consultants contract work, other than to provide 1108 technical assistance as requested. 1109 (2)(a)Notwithstanding subsection (1), upon the declaration 1110 of a state of emergency issued by the Governor in preparation 1111 for or in response to a natural disaster, airports shall, at no 1112 cost to the state, provide the Department of Transportation with 1113 the opportunity to use any property that is not subject to an 1114 existing lease agreement with a third party and that is not 1115 within the air navigation facility as defined in s. 332.01(4) 1116 for the staging of equipment and personnel to support emergency 1117 preparedness and response operations. 1118 (b)After 60 days of use under paragraph (a), any further 1119 use of airport property by the Department of Transportation must 1120 be conducted pursuant to a written agreement between the airport 1121 and the department. 1122 Section 18.Section 332.006, Florida Statutes, is amended 1123 to read: 1124 332.006Duties and responsibilities of the Department of 1125 Transportation.The Department of Transportation shall, within 1126 the resources provided to the department pursuant to chapter 1127 216: 1128 (1)Provide coordination and assistance for the development 1129 of a viable aviation system in this state. To support the 1130 system, a statewide aviation system plan shall be developed and 1131 periodically updated which summarizes 5-year, 10-year, and 20 1132 year airport and aviation needs within the state. The statewide 1133 aviation system plan shall be consistent with the goals of the 1134 Florida Transportation Plan developed pursuant to s. 339.155. 1135 The statewide aviation system plan shall not preempt local 1136 airport master plans adopted in compliance with federal and 1137 state requirements. 1138 (2)Advise and assist the Governor in all aviation matters. 1139 (3)Upon request, assist airport sponsors, both financially 1140 and technically, in airport master planning. 1141 (4)Upon request, provide financial and technical 1142 assistance to public agencies which operate public-use airports 1143 by making department personnel and department-owned facilities 1144 and equipment available on a cost-reimbursement basis to such 1145 agencies for special needs of limited duration. The requirement 1146 relating to reimbursement of personnel costs may be waived by 1147 the department in those cases in which the assistance provided 1148 by its personnel was of a limited nature or duration. 1149 (5)Participate in research and development programs 1150 relating to airports. 1151 (6)Administer department participation in the program of 1152 aviation and airport grants as provided for in ss. 332.003 1153 332.007. 1154 (7)Develop, promote, and distribute supporting information 1155 and educational services, including, but not limited to, 1156 educational services with a focus on retention and growth of the 1157 aviation industry workforce. 1158 (8)Encourage the maximum allocation of federal funds to 1159 local airport projects in this state. 1160 (9)Support the development of land located within the 1161 boundaries of airports for the purpose of industrial or other 1162 uses compatible with airport operations with the objective of 1163 assisting airports in this state to become fiscally self 1164 supporting. Such assistance may include providing state moneys 1165 on a matching basis to airport sponsors for capital 1166 improvements, including, but not limited to, fixed-base 1167 operation facilities, parking areas, industrial park utility 1168 systems, and road and rail transportation systems which are on 1169 airport property. 1170 Section 19.Subsection (5), paragraph (a) of subsection 1171 (7), and subsections (8) and (9) of section 332.007, Florida 1172 Statutes, are amended, and paragraph (c) is added to subsection 1173 (2) of that section, to read: 1174 332.007Administration and financing of aviation and 1175 airport programs and projects; state plan. 1176 (2) 1177 (c)Each commercial service airport as defined in s. 1178 332.0075 shall establish and maintain a comprehensive airport 1179 infrastructure program to ensure the ongoing preservation of 1180 airport infrastructure and facilities in safe and serviceable 1181 condition. For purposes of this paragraph, the term airport 1182 infrastructure means the facilities, systems, and structural 1183 components of an airport necessary for the safe and efficient 1184 movement of people and goods. Beginning November 1, 2025, and 1185 annually thereafter, each commercial service airport shall 1186 provide a certification to the department, in a manner 1187 prescribed by the department, that it has established and 1188 maintains a comprehensive airport infrastructure program. The 1189 comprehensive airport infrastructure program report, and related 1190 documents and records, must be open to inspection by the 1191 department and maintained by the airport for at least 5 years. 1192 The comprehensive airport infrastructure program must, at a 1193 minimum, include all of the following: 1194 1.Identification of airport infrastructure subject to 1195 inspection and the schedule for the completion of such 1196 inspections, taking into consideration the age, type, intended 1197 use, and criticality of the infrastructure to undisrupted 1198 commercial or cargo operations. 1199 2.A preventative maintenance program for routine 1200 maintenance of airport infrastructure, for both commercial and 1201 cargo operations. 1202 3.A plan to complete any necessary repairs to, or 1203 rehabilitation or reconstruction of, airport infrastructure, 1204 including prioritization and anticipated timeframe for 1205 completion of the work. 1206 4.A progress report of inspections and their outcomes, 1207 preventative maintenance, and previously identified repair to, 1208 or rehabilitation or reconstruction of, airport infrastructure. 1209 The progress report must include any changes in timeline for 1210 completion, changes in cost estimates, and reasons any 1211 inspection, preventative maintenance, or repair or 1212 rehabilitation did not take place. 1213 (5)Only those projects or programs provided for in this 1214 act that will contribute to the implementation of the state 1215 aviation system plan, that are consistent with the energy policy 1216 of the state as defined in s. 339.08(6)(a), that are consistent 1217 with and will contribute to the implementation of any airport 1218 master plan or layout plan, and that are consistent, to the 1219 maximum extent feasible, with the approved local government 1220 comprehensive plans of the units of government in which the 1221 airport is located are eligible for the expenditure of state 1222 funds in accordance with fund participation rates and priorities 1223 established herein. 1224 (7)Subject to the availability of appropriated funds in 1225 addition to aviation fuel tax revenues, the department may 1226 participate in the capital cost of eligible public airport and 1227 aviation discretionary capacity improvement projects. The annual 1228 legislative budget request shall be based on the funding 1229 required for discretionary capacity improvement projects in the 1230 aviation and airport work program. 1231 (a)The department shall provide priority funding in 1232 support of: 1233 1.Terminal and parking expansion projects that increase 1234 capacity at airports providing commercial service in counties 1235 with a population of 500,000 or less. 1236 2.Land acquisition which provides additional capacity at 1237 the qualifying international airport or at that airports 1238 supplemental air carrier airport. 1239 3.2.Runway and taxiway projects that add capacity or are 1240 necessary to accommodate technological changes in the aviation 1241 industry. 1242 4.3.Airport access transportation projects that improve 1243 direct airport access and are approved by the airport sponsor. 1244 5.4.International terminal projects that increase 1245 international gate capacity. 1246 6.Projects that improve safety and efficiency of airport 1247 operations. 1248 7.Emerging technology projects, workforce development 1249 projects, and projects that benefit the strategic intermodal 1250 system through intermodal connectivity. 1251 (8)The department may also fund eligible projects 1252 performed by not-for-profit organizations that represent a 1253 majority of public airports in this state and postsecondary 1254 education institutions as defined in s. 1008.47 that support the 1255 training of pilots, air traffic control personnel, or aircraft 1256 maintenance technical personnel. Eligible projects may include 1257 activities associated with aviation master planning, 1258 professional education, safety and security planning, enhancing 1259 economic development and efficiency at airports in this state, 1260 or other planning efforts to improve the viability and safety of 1261 airports in this state. Programs that support the transition of 1262 honorably discharged military personnel to the aviation industry 1263 are also eligible projects under this subsection. The department 1264 may provide matching funds for eligible projects funded by the 1265 Department of Commerce. 1266 (9)The department may fund strategic airport investment 1267 projects at up to 100 percent of the projects cost if: 1268 (a)Important access and on-airport capacity improvements 1269 are provided; 1270 (b)Capital improvements that strategically position the 1271 state to maximize opportunities in tourism, international trade, 1272 logistics, and the aviation industry are provided; 1273 (c)Goals of an integrated intermodal transportation system 1274 for the state are achieved; and 1275 (d)Feasibility and availability of matching funds through 1276 federal, local, or private partners are demonstrated. 1277 Section 20.Paragraphs (a), (b), and (d) of subsection (1), 1278 subsection (2), and paragraph (a) of subsection (5) of section 1279 332.0075, Florida Statutes, are amended, and paragraph (c) is 1280 added to subsection (5) of that section, to read: 1281 332.0075Commercial service airports; transparency and 1282 accountability; penalty. 1283 (1)As used in this section, the term: 1284 (a)Commercial service airport means an airport providing 1285 commercial service, including large, medium, small, and nonhub 1286 airports as classified a primary airport as defined in 49 U.S.C. 1287 s. 47102 which is classified as a large, medium, or small hub 1288 airport by the Federal Aviation Administration. 1289 (b)Consent agenda means an agenda which consists of 1290 items voted on collectively or as a group and which does not 1291 provide the opportunity for public comment on each such item 1292 before approval or disapproval by the governing body. 1293 (d)Governing body means the governing body of the 1294 county, municipality, or special district that operates a 1295 commercial service airport. The term also includes an appointed 1296 board or oversight entity serving as the governing body for 1297 purposes of a commercial service airport on behalf of a county, 1298 municipality, or special district. 1299 (2)Each governing body shall establish and maintain a 1300 website to post information relating to the operation of a 1301 commercial service airport. The information must remain posted 1302 on the website for 5 years or for the entirety of the period 1303 during which the document is actively in use, whichever is 1304 longer, and must include all of the following, including: 1305 (a)All published notices of meetings and published meeting 1306 agendas of the governing body. 1307 (b)The official minutes of each meeting of the governing 1308 body, which must shall be posted within 7 business days after 1309 the date of the meeting in which the minutes were approved. 1310 (c)The approved budget for the commercial service airport 1311 for the current fiscal year, which shall be posted within 7 1312 business days after the date of adoption. Budgets must remain on 1313 the website for 5 2 years after the conclusion of the fiscal 1314 year for which they were adopted. 1315 (d)Copies of the current airport master plan and the 1316 immediately preceding airport master plan for the commercial 1317 service airport and a link to the current airport master plan 1318 for the commercial service airport on the commercial service 1319 airports website. 1320 (e)A link to all financial and statistical reports for the 1321 commercial service airport on the Federal Aviation 1322 Administrations website. 1323 (f)Any contract or contract amendment for the purchase of 1324 commodities or contractual services executed by or on behalf of 1325 the commercial service airport in excess of the threshold amount 1326 provided in s. 287.017 for CATEGORY FIVE, which must shall be 1327 posted no later than 7 business days after the commercial 1328 service airport executes the contract or contract amendment. 1329 However, a contract or contract amendment may not reveal 1330 information made confidential or exempt by law. Each commercial 1331 service airport must redact confidential or exempt information 1332 from each contract or contract amendment before posting a copy 1333 on its website. 1334 (g)Position and rate information for each employee of the 1335 commercial service airport, including, at a minimum, the 1336 employees position title, position description, and annual or 1337 hourly salary. This information must shall be updated quarterly 1338 annually. 1339 (5)(a)Each November 1, the governing body of each 1340 commercial service airport shall submit the following 1341 information to the department: 1342 1.Its approved budget for the current fiscal year. 1343 2.Any financial reports submitted to the Federal Aviation 1344 Administration during the previous calendar year. 1345 3.A link to its website. 1346 4.A statement, verified as provided in s. 92.525, that it 1347 has complied with part III of chapter 112, chapter 287, and this 1348 section. 1349 5.The most recent copies of its strategic plans. 1350 6.Contracts related to any financial awards received 1351 through federally funded grant programs for the preceding year. 1352 (c)A commercial service airport shall: 1353 1.Notify the department within 48 hours after receiving a 1354 communication or directive from a federal agency relating to 1355 public health testing or the transfer of unauthorized aliens 1356 into this state. 1357 2.Notify the department as soon as is reasonably possible, 1358 but no later than 48 hours, after the discovery of a potential 1359 cybersecurity breach or other occurrence impacting the traveling 1360 public, a disruption in state aviation operations directly 1361 impacting multiple airports within this state, or an incident 1362 occurring on airport property which requires coordination with 1363 multiple local, state, or federal agencies. 1364 Section 21.Section 332.15, Florida Statutes, is created to 1365 read: 1366 332.15Advanced air mobility.The Department of 1367 Transportation shall: 1368 (1)Address the need for vertiports, advanced air mobility, 1369 and other advances in aviation technology in the statewide 1370 aviation system plan required under s. 332.006(1) and, as 1371 appropriate, in the departments work program. 1372 (2)Designate a subject matter expert on advanced air 1373 mobility within the department to serve as a resource for local 1374 jurisdictions navigating advances in aviation technology. 1375 (3)Conduct a review of airport hazard zone regulations. 1376 (4)In coordination with the Department of Commerce, 1377 provide coordination and assistance for the development of a 1378 viable advanced air mobility system plan in this state. The 1379 department shall incorporate the plan into the statewide 1380 aviation system plan required under s. 332.006(1) to identify 1381 and develop statewide corridors of need and opportunities for 1382 industry growth. 1383 Section 22.Subsections (5) and (26) of section 334.044, 1384 Florida Statutes, are amended, and subsections (37), (38), and 1385 (39) are added to that section, to read: 1386 334.044Powers and duties of the department.The department 1387 shall have the following general powers and duties: 1388 (5)To purchase, lease, or otherwise acquire property and 1389 materials, including the purchase of promotional items as part 1390 of public information and education campaigns for the promotion 1391 of environmental management, scenic highways, traffic and train 1392 safety awareness, alternatives to single-occupant vehicle 1393 travel, commercial motor vehicle safety, workforce development, 1394 electric vehicle use and charging stations, autonomous vehicles, 1395 and context classification design for electric vehicles and 1396 autonomous vehicles; to purchase, lease, or otherwise acquire 1397 equipment and supplies; and to sell, exchange, or otherwise 1398 dispose of any property that is no longer needed by the 1399 department. 1400 (26)To provide for the enhancement of environmental 1401 benefits, including air and water quality; to prevent roadside 1402 erosion; to conserve the natural roadside growth and scenery; 1403 and to provide for the implementation and maintenance of 1404 roadside conservation, enhancement, and stabilization programs. 1405 (a)On an annual basis, an amount equal to at least 1.5 1406 percent of the total amount contracted for the average of the 1407 previous 3 completed fiscal years of construction projects shall 1408 be allocated by the department on a statewide basis for the 1409 purchase of plant materials to enhance State Highway System 1410 rights-of-way and arterial facilities. Such funds must be 1411 allocated on a statewide basis. Department districts may not 1412 expend funds for landscaping in connection with any project that 1413 is limited to resurfacing existing lanes unless the expenditure 1414 has been approved by the departments secretary or the 1415 secretarys designee. 1416 (b)To the greatest extent practical, at least 50 percent 1417 of the funds allocated under paragraph (a) this subsection shall 1418 be allocated for large plant materials and the remaining funds 1419 for other plant materials. 1420 (c)Except as prohibited by applicable federal law or 1421 regulation, all plant materials shall be purchased from Florida 1422 commercial nursery stock in this state on a uniform competitive 1423 bid basis. The department shall develop grades and standards for 1424 landscaping materials purchased through this process, which must 1425 include standards for landscaping materials native to specific 1426 regions of this state which are reflective of this states 1427 heritage and natural landscapes. To accomplish these activities, 1428 the department may contract with nonprofit organizations having 1429 the primary purpose of developing youth employment 1430 opportunities. 1431 (37)Notwithstanding s. 287.022 or s. 287.025, to directly 1432 enter into insurance contracts with local, national, or 1433 international insurance companies for the purchase of insurance 1434 coverage that the department is contractually and legally 1435 required to provide. 1436 (38)Notwithstanding s. 287.14, to purchase or acquire 1437 heavy equipment and motor vehicles for roadway operations and 1438 emergency response purposes regardless of whether the department 1439 exchanges or ceases to operate any department-owned heavy 1440 equipment or motor vehicles. 1441 (39)To adopt rules for the purpose of compliance with 49 1442 C.F.R. part 26 and any other applicable federal law. 1443 Section 23.Subsection (1) of section 334.045, Florida 1444 Statutes, is amended to read: 1445 334.045Transportation performance and productivity 1446 standards; development; measurement; application. 1447 (1)The Florida Transportation Commission shall develop and 1448 adopt measures for evaluating the performance and productivity 1449 of the department. The measures may be both quantitative and 1450 qualitative and must, to the maximum extent practical, assess 1451 those factors that are within the departments control. The 1452 measures must, at a minimum, assess performance in the following 1453 areas: 1454 (a)Production; 1455 (b)Finance and administration; 1456 (c)Preservation of the current state system; 1457 (d)Safety of the current state system; 1458 (e)Capacity improvements: highways and all public 1459 transportation modes; and 1460 (f)The business development program established under s. 1461 337.027 Disadvantaged business enterprise and minority business 1462 programs. 1463 Section 24.Subsection (3) is added to section 334.27, 1464 Florida Statutes, to read: 1465 334.27Governmental transportation entities; property 1466 acquired for transportation purposes; limitation on soil or 1467 groundwater contamination liability. 1468 (3)A parking authority established under the laws of this 1469 state or any of its counties, municipalities, or political 1470 subdivisions shall have full power to conduct business; to 1471 operate, manage, and control facilities; and to provide services 1472 to contiguous geographical boundaries of such counties, 1473 municipalities, or political subdivisions that originally 1474 chartered such authority. The parking authority may engage in 1475 activities outside of its chartering jurisdiction upon entering 1476 into an interlocal agreement with the governing body of the 1477 affected contiguous county, municipality, or political 1478 subdivision, as applicable. 1479 Section 25.Section 334.62, Florida Statutes, is created to 1480 read: 1481 334.62Florida Transportation Academy.The Legislature 1482 finds that the growth and sustainability of the transportation 1483 industry workforce is vital to the continued success and 1484 efficiency of the states supply chain and economic 1485 competitiveness. In order to prioritize the continued need for 1486 transportation industry workforce development programs, the 1487 Florida Transportation Academy is established within the 1488 department. In order to support, promote, and sustain workforce 1489 development efforts in the transportation sector, the department 1490 may do all of the following: 1491 (1)Coordinate with the Department of Corrections to 1492 identify and create certification and training opportunities for 1493 nonviolent, scheduled-release inmates and create a notification 1494 process between the Department of Corrections and the department 1495 for nonviolent inmates with imminent scheduled-release dates who 1496 are expected to seek employment upon release. 1497 (2)Coordinate with the Department of Juvenile Justice and 1498 its educational partners to create certification and training 1499 opportunities for eligible youth. 1500 (3)Coordinate with veterans organizations to encourage 1501 veterans with honorable military discharge to pursue employment 1502 opportunities within the transportation industry, including, but 1503 not limited to, employment as pilots, mechanics, and air traffic 1504 controllers. 1505 (4)Coordinate with the Department of Commerce, 1506 CareerSource Florida, Inc., and regional business organizations, 1507 within and outside of the transportation industry, to further 1508 understand recruitment and retention needs and job-seeker 1509 pipelines. 1510 (5)Coordinate with the American Council of Engineering 1511 Companies and the Florida Transportation Builders Association to 1512 optimize workforce recruitment and retention and assess future 1513 needs across the transportation industry in this state. 1514 Section 26.Present paragraph (b) of subsection (3) of 1515 section 335.182, Florida Statutes, is redesignated as paragraph 1516 (c) and amended, and a new paragraph (b) is added to that 1517 subsection, to read: 1518 335.182Regulation of connections to roads on State Highway 1519 System; definitions. 1520 (3)As used in this act, the term: 1521 (b)Modification of an existing connection means the 1522 relocation, alteration, or closure of the connection. 1523 (c)(b)Significant change means: 1524 1.A change in the use of the property, including the 1525 development of land, structures, or facilities;, or 1526 2.An expansion of the size of the property, structures, or 1527 facilities causing an increase in the trip generation of the 1528 property exceeding 25 percent more trip generation, (either peak 1529 hour or daily,) and exceeding 100 vehicles per day more than the 1530 existing use. 1531 Section 27.Subsections (3) and (4) of section 335.187, 1532 Florida Statutes, are amended to read: 1533 335.187Unpermitted connections; existing access permits; 1534 nonconforming permits; modification and revocation of permits. 1535 (3)The department may issue a nonconforming access permit 1536 if denying after finding that to deny an access permit would 1537 leave the property without a reasonable means of access to the 1538 State Highway System. The department may specify limits on the 1539 maximum vehicular use of the connection and may condition be 1540 conditioned on the availability of future alternative means of 1541 access for which access permits can be obtained. 1542 (4)After written notice and the opportunity for a hearing, 1543 as provided for in s. 120.60, the department may modify or 1544 revoke an access permit issued after July 1, 1988, by requiring 1545 modification Relocation, alteration, or closure of an existing 1546 connection if: 1547 (a)A significant change occurs in the use, design, or 1548 traffic flow of the connection; or 1549 (b)It would jeopardize the safety of the public or have a 1550 negative impact upon the operational characteristics of the 1551 highway. 1552 Section 28.Section 337.027, Florida Statutes, is amended 1553 to read: 1554 337.027Authority to implement a business development 1555 program. 1556 (1)The department may establish a program for highway 1557 projects which would assist small businesses. The purpose of 1558 this program is to increase competition, lower prices, and 1559 provide increased support to meet the departments future work 1560 program. The program may include, but is not limited to, setting 1561 aside contracts, providing preference points for the use of 1562 small businesses, providing special assistance in bidding and 1563 contract completion, waiving bond requirements, and implementing 1564 other strategies that would increase competition. 1565 (2)For purposes of this section, the term small business 1566 means a business with yearly average gross receipts of less than 1567 $25 $15 million for road and bridge contracts and less than $10 1568 $6.5 million for professional and nonprofessional services 1569 contracts. A business average gross receipts is determined by 1570 averaging its annual gross receipts over the last 3 years, 1571 including the receipts of any affiliate as defined in s. 1572 337.165. 1573 (3)The department may provide notice of opportunities for 1574 businesses qualified for this program. 1575 (4)The department may adopt rules to implement this 1576 section. 1577 Section 29.Subsection (6) of section 337.11, Florida 1578 Statutes, is amended to read: 1579 337.11Contracting authority of department; bids; emergency 1580 repairs, supplemental agreements, and change orders; combined 1581 design and construction contracts; progress payments; records; 1582 requirements of vehicle registration. 1583 (6)(a)If the secretary determines that an emergency in 1584 regard to the restoration or repair of any state transportation 1585 facility exists such that the delay incident to giving 1586 opportunity for competitive bidding would be detrimental to the 1587 interests of the state, the provisions for competitive bidding 1588 do not apply; and the department may enter into contracts for 1589 restoration or repair without giving opportunity for competitive 1590 bidding on such contracts. Within 30 days after such 1591 determination and contract execution, the head of the department 1592 shall file with the Executive Office of the Governor a written 1593 statement of the conditions and circumstances constituting such 1594 emergency. 1595 (b)If the secretary determines that delays on a contract 1596 for maintenance exist due to administrative challenges, bid 1597 protests, defaults or terminations and the further delay would 1598 reduce safety on the transportation facility or seriously hinder 1599 the departments ability to preserve the states investment in 1600 that facility, competitive bidding provisions may be waived and 1601 the department may enter into a contract for maintenance on the 1602 facility. However, contracts for maintenance executed under the 1603 provisions of this paragraph shall be interim in nature and 1604 shall be limited in duration to a period of time not to exceed 1605 the length of the delay necessary to complete the competitive 1606 bidding process and have the contract in place. 1607 (c)When the department determines that it is in the best 1608 interest of the public for reasons of public concern, economy, 1609 improved operations, or safety, and only when circumstances 1610 dictate rapid completion of the work, the department may, up to 1611 the amount of $500,000, enter into contracts for construction 1612 and maintenance without advertising and receiving competitive 1613 bids. The department may enter into such contracts only upon a 1614 determination that the work is necessary for one of the 1615 following reasons: 1616 1.To ensure timely completion of projects or avoidance of 1617 undue delay for other projects; 1618 2.To accomplish minor repairs or construction and 1619 maintenance activities for which time is of the essence and for 1620 which significant cost savings would occur; or 1621 3.To accomplish nonemergency work necessary to ensure 1622 avoidance of adverse conditions that affect the safe and 1623 efficient flow of traffic. 1624 1625 The department shall make a good faith effort to obtain two or 1626 more quotes, if available, from qualified contractors before 1627 entering into any contract. The department shall give 1628 consideration to small disadvantaged business enterprise 1629 participation. However, when the work exists within the limits 1630 of an existing contract, the department shall make a good faith 1631 effort to negotiate and enter into a contract with the prime 1632 contractor on the existing contract. 1633 Section 30.Section 337.125, Florida Statutes, is repealed. 1634 Section 31.Section 337.135, Florida Statutes, is repealed. 1635 Section 32.Section 337.139, Florida Statutes, is repealed. 1636 Section 33.Paragraph (a) of subsection (1) of section 1637 337.18, Florida Statutes, is amended to read: 1638 337.18Surety bonds for construction or maintenance 1639 contracts; requirement with respect to contract award; bond 1640 requirements; defaults; damage assessments. 1641 (1)(a)A surety bond shall be required of the successful 1642 bidder in an amount equal to the awarded contract price. 1643 However, the department may choose, in its discretion and 1644 applicable only to multiyear maintenance contracts, to allow for 1645 incremental annual contract bonds that cumulatively total the 1646 full, awarded, multiyear contract price;. The department may 1647 also choose, in its discretion and applicable only to phased 1648 design-build contracts under s. 337.11(7)(b), to allow the 1649 issuance of multiple contract performance and payment bonds in 1650 succession to align with each phase of the contract to meet the 1651 bonding requirement in this subsection; and, at the discretion 1652 of the Secretary of Transportation and notwithstanding any 1653 bonding requirement under s. 337.18, to require a surety bond in 1654 an amount that is less than the awarded contract price. 1655 1.The department may waive the requirement for all or a 1656 portion of a surety bond if: 1657 a.The contract price is $250,000 or less and the 1658 department determines that the project is of a noncritical 1659 nature and that nonperformance will not endanger public health, 1660 safety, or property; 1661 b.The prime contractor is a qualified nonprofit agency for 1662 the blind or for the other severely handicapped under s. 1663 413.036(2); or 1664 c.The prime contractor is using a subcontractor that is a 1665 qualified nonprofit agency for the blind or for the other 1666 severely handicapped under s. 413.036(2). However, the 1667 department may not waive more than the amount of the 1668 subcontract. 1669 2.If the department determines that it is in the best 1670 interests of the department to reduce the bonding requirement 1671 for a project and that to do so will not endanger public health, 1672 safety, or property, the department may waive the requirement of 1673 a surety bond in an amount equal to the awarded contract price 1674 for a project having a contract price of $250 million or more 1675 and, in its place, may set a surety bond amount that is a 1676 portion of the total contract price and provide an alternate 1677 means of security for the balance of the contract amount that is 1678 not covered by the surety bond or provide for incremental surety 1679 bonding and provide an alternate means of security for the 1680 balance of the contract amount that is not covered by the surety 1681 bond. Such alternative means of security may include letters of 1682 credit, United States bonds and notes, parent company 1683 guarantees, and cash collateral. The department may require 1684 alternate means of security if a surety bond is waived. The 1685 surety on such bond shall be a surety company authorized to do 1686 business in the state. All bonds shall be payable to the 1687 department and conditioned for the prompt, faithful, and 1688 efficient performance of the contract according to plans and 1689 specifications and within the time period specified, and for the 1690 prompt payment of all persons defined in s. 713.01 furnishing 1691 labor, material, equipment, and supplies for work provided in 1692 the contract; however, whenever an improvement, demolition, or 1693 removal contract price is $25,000 or less, the security may, in 1694 the discretion of the bidder, be in the form of a cashiers 1695 check, bank money order of any state or national bank, certified 1696 check, or postal money order. The department shall adopt rules 1697 to implement this subsection. Such rules shall include 1698 provisions under which the department shall refuse to accept 1699 bonds on contracts when a surety wrongfully fails or refuses to 1700 settle or provide a defense for claims or actions arising under 1701 a contract for which the surety previously furnished a bond. 1702 Section 34.Subsection (3) of section 337.251, Florida 1703 Statutes, is amended to read: 1704 337.251Lease of property for joint public-private 1705 development and areas above or below department property. 1706 (3)A proposal must be selected by the department based on 1707 competitive bidding, except that the department may consider 1708 other relevant factors specified in the request for proposals. 1709 The department may consider such factors as the value of 1710 property exchanges, the cost of construction, and other 1711 recurring costs for the benefit of the department by the lessee 1712 in lieu of direct revenue to the department if such other 1713 factors are of equal value including innovative proposals to 1714 involve small minority businesses. The department may name a 1715 board of advisers which may be composed of accountants, real 1716 estate appraisers, design engineers, or other experts 1717 experienced in the type of development proposed. The board of 1718 advisers shall review the feasibility of the proposals, 1719 recommend acceptance or rejection of each proposal, and rank 1720 each feasible proposal in the order of technical feasibility and 1721 benefit provided to the department. The board of advisers shall 1722 be reasonably compensated for the services provided and all 1723 department costs for evaluating the proposals shall be 1724 reimbursed from a proposal application fee to be set by the 1725 department and paid by the applicants. The board of advisers 1726 shall not be subject to selection under the provisions of 1727 chapter 287. 1728 Section 35.Section (2) of section 337.401, Florida 1729 Statutes, is amended to read: 1730 337.401Use of right-of-way for utilities subject to 1731 regulation; permit; fees. 1732 (2)(a)The authority may grant to any person who is a 1733 resident of this state, or to any corporation which is organized 1734 under the laws of this state or licensed to do business within 1735 this state, the use of a right-of-way for the utility in 1736 accordance with such rules or regulations as the authority may 1737 adopt. A utility may not be installed, located, or relocated 1738 unless authorized by a written permit issued by the authority. 1739 However, for public roads or publicly owned rail corridors under 1740 the jurisdiction of the department, a utility relocation 1741 schedule and relocation agreement may be executed in lieu of a 1742 written permit. The permit must require the permitholder to be 1743 responsible for any damage resulting from the issuance of such 1744 permit. The authority may initiate injunctive proceedings as 1745 provided in s. 120.69 to enforce provisions of this subsection 1746 or any rule or order issued or entered into pursuant thereto. A 1747 permit application required under this subsection by a county or 1748 municipality having jurisdiction and control of the right-of-way 1749 of any public road must be processed and acted upon in 1750 accordance with the timeframes provided in subparagraphs 1751 (7)(d)7., 8., and 9. 1752 (b)Notwithstanding paragraph (a), a municipality may not 1753 prohibit, or require a permit for, the installation of a public 1754 sewer transmission line placed and maintained within and under 1755 publicly dedicated rights-of-way as part of a septic-to-sewer 1756 conversion where the work is being performed under permits 1757 issued by the Department of Transportation pursuant to this 1758 chapter and the Department of Environmental Protection, or its 1759 delegate, pursuant to chapter 403. 1760 Section 36.Subsection (4) of section 337.406, Florida 1761 Statutes, is amended to read: 1762 337.406Unlawful use of state transportation facility 1763 right-of-way; penalties. 1764 (4)(a)Camping is prohibited on any portion of the right 1765 of-way of the State Highway System that is within 100 feet of a 1766 bridge, causeway, overpass, or ramp. 1767 (b)This subsection does not apply to a person who has 1768 acquired the appropriate permits and is actively navigating the 1769 federally designated Florida National Scenic Trail recognized by 1770 the state in s. 260.012(6). 1771 Section 37.Subsection (4) of section 338.227, Florida 1772 Statutes, is amended to read: 1773 338.227Turnpike revenue bonds. 1774 (4)The Department of Transportation and the Department of 1775 Management Services shall create and implement an outreach 1776 program designed to enhance the participation of small minority 1777 persons and minority business enterprises in all contracts 1778 entered into by their respective departments for services 1779 related to the financing of department projects for the 1780 Strategic Intermodal System Plan developed pursuant to s. 1781 339.64. These services shall include, but are not limited to, 1782 bond counsel and bond underwriters. 1783 Section 38.Subsection (6) is added to section 339.08, 1784 Florida Statutes, to read: 1785 339.08Use of moneys in State Transportation Trust Fund. 1786 (6)(a)As used in this subsection, the term energy policy 1787 of the state means the energy policy described in s. 377.601 1788 and includes any intended or actual measure, obligation, target, 1789 or timeframe related to a reduction in carbon dioxide emissions. 1790 (b)The department may not expend any state funds as 1791 described in s. 215.31 to support a project or program of any of 1792 the following entities if such entities adopt or promote energy 1793 policy goals inconsistent with the energy policy of the state: 1794 1.A public transit provider as defined in s. 341.031(1). 1795 2.An authority created pursuant to chapter 343, chapter 1796 348, or chapter 349. 1797 3.A public-use airport as defined in s. 332.004. 1798 4.A port listed in s. 311.09(1). 1799 Section 39.Section 339.0805, Florida Statutes, is 1800 repealed. 1801 Section 40.Paragraph (a) of subsection (4) of section 1802 339.135, Florida Statutes, is amended to read: 1803 339.135Work program; legislative budget request; 1804 definitions; preparation, adoption, execution, and amendment. 1805 (4)FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM. 1806 (a)1.To assure that no district or county is penalized for 1807 local efforts to improve the State Highway System, the 1808 department shall, for the purpose of developing a tentative work 1809 program, allocate funds for new construction to the districts, 1810 except for the turnpike enterprise, based on equal parts of 1811 population and motor fuel tax collections. Funds for 1812 resurfacing, bridge repair and rehabilitation, bridge fender 1813 system construction or repair, public transit projects except 1814 public transit block grants as provided in s. 341.052 and rural 1815 transit operating block grants as provided in s. 341.0525, and 1816 other programs with quantitative needs assessments shall be 1817 allocated based on the results of these assessments. The 1818 department may not transfer any funds allocated to a district 1819 under this paragraph to any other district except as provided in 1820 subsection (7). Funds for public transit block grants shall be 1821 allocated to the districts pursuant to s. 341.052. Funds for 1822 rural transit operating block grants shall be allocated to the 1823 districts pursuant to s. 341.0525. Funds for the intercity bus 1824 program provided for under s. 5311(f) of the federal 1825 nonurbanized area formula program shall be administered and 1826 allocated directly to eligible bus carriers as defined in s. 1827 341.031(12) at the state level rather than the district. In 1828 order to provide state funding to support the intercity bus 1829 program provided for under provisions of the federal 5311(f) 1830 program, the department shall allocate an amount equal to the 1831 federal share of the 5311(f) program from amounts calculated 1832 pursuant to s. 206.46(3). 1833 2.Notwithstanding the provisions of subparagraph 1., the 1834 department shall allocate at least 50 percent of any new 1835 discretionary highway capacity funds to the Florida Strategic 1836 Intermodal System created pursuant to s. 339.61. Any remaining 1837 new discretionary highway capacity funds shall be allocated to 1838 the districts for new construction as provided in subparagraph 1839 1. For the purposes of this subparagraph, the term new 1840 discretionary highway capacity funds means any funds available 1841 to the department above the prior year funding level for 1842 capacity improvements, which the department has the discretion 1843 to allocate to highway projects. 1844 Section 41.Paragraph (b) of subsection (3) and paragraph 1845 (c) of subsection (4) of section 339.2821, Florida Statutes, are 1846 amended to read: 1847 339.2821Economic development transportation projects. 1848 (3) 1849 (b)The department must ensure that it is supportive of 1850 small businesses as defined in s. 337.027(2) small and minority 1851 businesses have equal access to participate in transportation 1852 projects funded pursuant to this section. 1853 (4)A contract between the department and a governmental 1854 body for a transportation project must: 1855 (c)Require that the governmental body provide the 1856 department with progress reports. Each progress report must 1857 contain: 1858 1.A narrative description of the work completed and 1859 whether the work is proceeding according to the transportation 1860 project schedule; 1861 2.A description of each change order executed by the 1862 governmental body; 1863 3.A budget summary detailing planned expenditures compared 1864 to actual expenditures; and 1865 4.The identity of each small or minority business used as 1866 a contractor or subcontractor. 1867 Section 42.Section 339.287, Florida Statutes, is repealed. 1868 Section 43.Paragraph (a) of subsection (5) of section 1869 339.63, Florida Statutes, is amended to read: 1870 339.63System facilities designated; additions and 1871 deletions. 1872 (5)(a)The Secretary of Transportation shall designate a 1873 planned facility as part of the Strategic Intermodal System upon 1874 request of the facility if it meets the criteria and thresholds 1875 established by the department pursuant to subsection (4), is 1876 meets the definition of an intermodal logistics center as 1877 defined in s. 311.101(2), and has been designated in a local 1878 comprehensive plan or local government development order as an 1879 intermodal logistics center or an equivalent planning term. For 1880 the purpose of this section, the term intermodal logistics 1881 center means a facility or group of facilities, including, but 1882 not limited to, an inland port, serving as a point of intermodal 1883 transfer of freight in a specific area physically separated from 1884 a seaport whose activities relating to transport, logistics, 1885 goods distribution, consolidation, or value-added activities are 1886 carried out and whose activities and services are designed to 1887 support or be supported by one or more seaports, as provided in 1888 s. 311.09, or an airport whose activities and services are 1889 designed to support the transport, logistics, goods 1890 distribution, consolidation, or value-added activities related 1891 to airborne cargo. 1892 Section 44.Subsections (3) and (7) of section 339.651, 1893 Florida Statutes, are amended to read: 1894 339.651Strategic Intermodal System supply chain demands. 1895 (3)The department may shall make up to $20 million 1896 available each year for fiscal years 2023-2024 through 2027 1897 2028, from the existing work program revenues, to fund projects 1898 that meet the public purpose of providing increased capacity and 1899 enhanced capabilities to move and store construction aggregate. 1900 Applicants eligible for project funding under this section are 1901 seaports listed in s. 311.09 and rail lines and rail facilities. 1902 (7)This section shall stand repealed on July 1, 2028. 1903 Section 45.Paragraph (b) of subsection (6) of section 1904 341.051, Florida Statutes, is amended to read: 1905 341.051Administration and financing of public transit and 1906 intercity bus service programs and projects. 1907 (6)ANNUAL APPROPRIATION. 1908 (b)If funds are allocated to projects that qualify for the 1909 New Starts Transit Program in the current fiscal year and a 1910 project will not be ready for production by June 30, those funds 1911 must The remaining unallocated New Starts Transit Program funds 1912 as of June 30, 2024, shall be reallocated for the purpose of the 1913 Strategic Intermodal System within the State Transportation 1914 Trust Fund for the next fiscal year. This paragraph expires June 1915 30, 2026. 1916 1917 For purposes of this section, the term net operating costs 1918 means all operating costs of a project less any federal funds, 1919 fares, or other sources of income to the project. 1920 Section 46.Subsections (1) and (6) of section 341.052, 1921 Florida Statutes, are amended to read: 1922 341.052Public transit block grant program; administration; 1923 eligible projects; limitation. 1924 (1)There is created a public transit block grant program 1925 which shall be administered by the department. Block grant funds 1926 shall only be provided to Section 9 providers and Section 18 1927 providers designated by the United States Department of 1928 Transportation pursuant to 49 U.S.C. s. 5307 and community 1929 transportation coordinators as defined in chapter 427. Eligible 1930 providers must establish public transportation development plans 1931 consistent, to the maximum extent feasible, with approved local 1932 government comprehensive plans of the units of local government 1933 in which the provider is located and the long-range 1934 transportation plans of the metropolitan planning organization 1935 in which the provider is located. In developing public 1936 transportation development plans, eligible providers must 1937 solicit comments from local workforce development boards 1938 established under chapter 445. The development plans must 1939 address how the public transit provider will work with the 1940 appropriate local workforce development board to provide 1941 services to participants in the welfare transition program. 1942 Eligible providers must provide information to the local 1943 workforce development board serving the county in which the 1944 provider is located regarding the availability of transportation 1945 services to assist program participants. 1946 (6)The department shall distribute 85 percent of the 1947 public transit block grant funds to Section 9 and Section 18 1948 providers designated by the United States Department of 1949 Transportation pursuant to 49 U.S.C. s. 5307. The funds shall be 1950 distributed to such Section 9 providers, and to Section 18 1951 providers that are not designated as community transportation 1952 coordinators pursuant to chapter 427, according to the following 1953 formula, except that at least $20,000 shall be distributed to 1954 each eligible provider if application of the formula provides 1955 less than that amount for any such provider: 1956 (a)One-third shall be distributed according to the 1957 percentage that an eligible providers county population in the 1958 most recent year for which those population figures are 1959 available from the state census repository is of the total 1960 population of all counties served by eligible providers. 1961 (b)One-third shall be distributed according to the 1962 percentage that the total revenue miles provided by an eligible 1963 provider, as verified by the most recent National Transit 1964 Database Section 15 report to the Federal Transit 1965 Administration or a similar audited report submitted to the 1966 department, is of the total revenue miles provided by eligible 1967 providers in the state in that year. 1968 (c)One-third shall be distributed according to the 1969 percentage that the total passengers carried by an eligible 1970 provider, as verified by the most recent National Transit 1971 Database Section 15 report submitted to the Federal Transit 1972 Administration or a similar audited report submitted to the 1973 department, is of the total number of passengers carried by 1974 eligible providers in the state in that year. 1975 Section 47.Section 341.0525, Florida Statutes, is created 1976 to read: 1977 341.0525Rural transit operating block grant program; 1978 administration; eligible projects. 1979 (1)There is created a rural transit operating block grant 1980 program that shall be administered by the department. Rural 1981 transit block grant funds are available only to public transit 1982 providers not eligible to receive public transit block grants 1983 pursuant to s. 341.052. 1984 (2)At least $3 million must be allocated annually from the 1985 State Transportation Trust Fund for the program. At least 1986 $20,000 must be distributed to each eligible provider if 1987 application of the following formula provides less than that 1988 amount for any such provider: 1989 (a)One-third must be distributed according to the 1990 percentage that an eligible providers non-urbanized county 1991 population in the most recent year official population estimate 1992 pursuant to s. 186.901 is of the total population of all 1993 counties served by eligible providers. 1994 (b)One-third must be distributed according to the 1995 percentage that the total non-urbanized revenue miles provided 1996 by an eligible provider, as verified by the most recent National 1997 Transit Database report or a similar audited report submitted to 1998 the department, is of the total rural revenue miles provided by 1999 eligible providers in the state in that year. 2000 (c)One-third must be distributed according to the 2001 percentage that the total non-urbanized passengers carried by an 2002 eligible provider, as verified by the most recent National 2003 Transit Database report or a similar audited report submitted to 2004 the department, is of the total number of passengers carried by 2005 eligible providers in the state in that year. 2006 (3)Grant funds must be used to pay public transit 2007 operating costs. State participation in such costs may not 2008 exceed 50 percent of such costs or an amount equal to the total 2009 revenue, excluding farebox, charter, and advertising revenue and 2010 federal funds, received by the provider for operating costs, 2011 whichever amount is less. 2012 (4)(a)An eligible public transit provider may not use 2013 block grant funds to supplant local tax revenues made available 2014 to such provider for operations in the previous year; however, 2015 the Secretary of Transportation may waive this provision for 2016 public transit providers located in a county recovering from a 2017 state of emergency declared pursuant to part I of chapter 252. 2018 (b)The state may not give any county more than 39 percent 2019 of the funds available for distribution under this section or 2020 more than the amount that local revenue sources provide to that 2021 county for its transit system. 2022 (5)To remain eligible to receive funding under the 2023 program, eligible public transit providers must comply with s. 2024 341.071(1) and (2). 2025 (6)(a)Any funds distributed to an eligible provider 2026 pursuant to subsection (2) which cannot be expended within the 2027 limitations of the program must be returned to the department 2028 for redistribution to other eligible providers. 2029 (b)The department may consult with an eligible provider, 2030 before distributing funds to that provider, to determine whether 2031 the provider can expend its total block grant within the 2032 limitations of the program. If the department and the provider 2033 agree that the total block grant amount cannot be expended, the 2034 provider may agree to accept a block grant amount of less than 2035 the total amount, in which case the funds that exceed such 2036 lesser agreed-upon amount must be redistributed to other 2037 eligible providers. 2038 (c)If an audit reveals that an eligible provider expended 2039 block grant funds on unauthorized uses, the provider must repay 2040 to the department an amount equal to the funds expended for 2041 unauthorized uses. The department shall redistribute such 2042 repayments to other eligible providers. 2043 Section 48.Subsection (5) of section 348.754, Florida 2044 Statutes, is amended to read: 2045 348.754Purposes and powers. 2046 (5)The authority shall encourage the inclusion of local 2047 and small local-, small-, minority-, and women-owned businesses 2048 in its procurement and contracting opportunities. 2049 Section 49.Subsection (2) of section 349.03, Florida 2050 Statutes, is amended to read: 2051 349.03Jacksonville Transportation Authority. 2052 (2)The governing body of the authority shall be composed 2053 consist of seven members. Four Three members shall be appointed 2054 by the Governor and confirmed by the Senate. Of the four members 2055 appointed by the Governor, one must be a resident of Duval 2056 County and three must be residents of Clay County, St. Johns 2057 County, or Nassau County. Three members shall be appointed by 2058 the mayor of the City of Jacksonville subject to confirmation by 2059 the council of the City of Jacksonville. The seventh member 2060 shall be the district secretary of the Department of 2061 Transportation serving in the district that contains the City of 2062 Jacksonville. Except for the seventh member, Members appointed 2063 by the mayor of the City of Jacksonville must shall be residents 2064 and qualified electors of Duval County. 2065 Section 50.Paragraphs (j) and (m) of subsection (2) of 2066 section 110.205, Florida Statutes, are amended to read: 2067 110.205Career service; exemptions. 2068 (2)EXEMPT POSITIONS.The exempt positions that are not 2069 covered by this part include the following: 2070 (j)The appointed secretaries and the State Surgeon 2071 General, assistant secretaries, deputy secretaries, and deputy 2072 assistant secretaries of all departments; the executive 2073 directors, assistant executive directors, deputy executive 2074 directors, and deputy assistant executive directors of all 2075 departments; the directors of all divisions and those positions 2076 determined by the department to have managerial responsibilities 2077 comparable to such positions, which positions include, but are 2078 not limited to, program directors, assistant program directors, 2079 district administrators, deputy district administrators, the 2080 Director of Central Operations Services of the Department of 2081 Children and Families, the State Transportation Development 2082 Administrator, the State Public Transportation and Modal 2083 Administrator, district secretaries, district directors of 2084 transportation development, transportation operations, 2085 transportation support, and the managers of the offices of the 2086 Department of Transportation specified in s. 20.23(4)(b) s. 2087 20.23(3)(b). Unless otherwise fixed by law, the department shall 2088 set the salary and benefits of these positions and the positions 2089 of county health department directors and county health 2090 department administrators of the Department of Health in 2091 accordance with the rules of the Senior Management Service. 2092 (m)All assistant division director, deputy division 2093 director, and bureau chief positions in any department, and 2094 those positions determined by the department to have managerial 2095 responsibilities comparable to such positions, which include, 2096 but are not limited to: 2097 1.Positions in the Department of Health and the Department 2098 of Children and Families which are assigned primary duties of 2099 serving as the superintendent or assistant superintendent of an 2100 institution. 2101 2.Positions in the Department of Corrections which are 2102 assigned primary duties of serving as the warden, assistant 2103 warden, colonel, or major of an institution or that are assigned 2104 primary duties of serving as the circuit administrator or deputy 2105 circuit administrator. 2106 3.Positions in the Department of Transportation which are 2107 assigned primary duties of serving as regional toll managers and 2108 managers of offices, as specified in s. 20.23(4)(b) and (5)(c) 2109 s. 20.23(3)(b) and (4)(c). 2110 4.Positions in the Department of Environmental Protection 2111 which are assigned the duty of an Environmental Administrator or 2112 program administrator. 2113 5.Positions in the Department of Health which are assigned 2114 the duties of Environmental Administrator, Assistant County 2115 Health Department Director, and County Health Department 2116 Financial Administrator. 2117 6.Positions in the Department of Highway Safety and Motor 2118 Vehicles which are assigned primary duties of serving as 2119 captains in the Florida Highway Patrol. 2120 2121 Unless otherwise fixed by law, the department shall set the 2122 salary and benefits of the positions listed in this paragraph in 2123 accordance with the rules established for the Selected Exempt 2124 Service. 2125 Section 51.Paragraph (d) of subsection (3) of section 2126 322.27, Florida Statutes, is amended to read: 2127 322.27Authority of department to suspend or revoke driver 2128 license or identification card. 2129 (3)There is established a point system for evaluation of 2130 convictions of violations of motor vehicle laws or ordinances, 2131 and violations of applicable provisions of s. 403.413(6)(b) when 2132 such violations involve the use of motor vehicles, for the 2133 determination of the continuing qualification of any person to 2134 operate a motor vehicle. The department is authorized to suspend 2135 the license of any person upon showing of its records or other 2136 good and sufficient evidence that the licensee has been 2137 convicted of violation of motor vehicle laws or ordinances, or 2138 applicable provisions of s. 403.413(6)(b), amounting to 12 or 2139 more points as determined by the point system. The suspension 2140 shall be for a period of not more than 1 year. 2141 (d)The point system shall have as its basic element a 2142 graduated scale of points assigning relative values to 2143 convictions of the following violations: 2144 1.Reckless driving, willful and wanton4 points. 2145 2.Leaving the scene of a crash resulting in property 2146 damage of more than $506 points. 2147 3.Unlawful speed, or unlawful use of a wireless 2148 communications device, resulting in a crash6 points. 2149 4.Passing a stopped school bus: 2150 a.Not causing or resulting in serious bodily injury to or 2151 death of another4 points. 2152 b.Causing or resulting in serious bodily injury to or 2153 death of another6 points. 2154 c.Points may not be imposed for a violation of passing a 2155 stopped school bus as provided in s. 316.172(1)(a) or (b) when 2156 enforced by a school bus infraction detection system pursuant to 2157 s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b) 2158 when enforced by a school bus infraction detection system 2159 pursuant to s. 316.173 may not be used for purposes of setting 2160 motor vehicle insurance rates. 2161 5.Unlawful speed: 2162 a.Not in excess of 15 miles per hour of lawful or posted 2163 speed3 points. 2164 b.In excess of 15 miles per hour of lawful or posted 2165 speed4 points. 2166 c.Points may not be imposed for a violation of unlawful 2167 speed as provided in s. 316.1895 or s. 316.183 when enforced by 2168 a traffic infraction enforcement officer pursuant to s. 2169 316.1896. In addition, a violation of s. 316.1895 or s. 316.183 2170 when enforced by a traffic infraction enforcement officer 2171 pursuant to s. 316.1896 may not be used for purposes of setting 2172 motor vehicle insurance rates. 2173 6.A violation of a traffic control signal device as 2174 provided in s. 316.074(1) or s. 316.075(1)(c)1.4 points. 2175 However, points may not be imposed for a violation of s. 2176 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 2177 stop at a traffic signal and when enforced by a traffic 2178 infraction enforcement officer. In addition, a violation of s. 2179 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 2180 stop at a traffic signal and when enforced by a traffic 2181 infraction enforcement officer may not be used for purposes of 2182 setting motor vehicle insurance rates. 2183 7.Unlawfully driving a vehicle through a railroad-highway 2184 grade crossing6 points. 2185 8.All other moving violations (including parking on a 2186 highway outside the limits of a municipality)3 points. However, 2187 points may not be imposed for a violation of s. 316.0741 or s. 2188 316.2065(11); and points may be imposed for a violation of s. 2189 316.1001 only when imposed by the court after a hearing pursuant 2190 to s. 318.14(5). 2191 9.Any moving violation covered in this paragraph, 2192 excluding unlawful speed and unlawful use of a wireless 2193 communications device, resulting in a crash4 points. 2194 10.Any conviction under s. 403.413(6)(b)3 points. 2195 11.Any conviction under s. 316.0775(2)4 points. 2196 12.A moving violation covered in this paragraph which is 2197 committed in conjunction with the unlawful use of a wireless 2198 communications device within a school safety zone2 points, in 2199 addition to the points assigned for the moving violation. 2200 Section 52.Subsection (13) of section 365.172, Florida 2201 Statutes, is amended to read: 2202 365.172Emergency communications. 2203 (13)FACILITATING EMERGENCY COMMUNICATIONS SERVICE 2204 IMPLEMENTATION.To balance the public need for reliable 2205 emergency communications services through reliable wireless 2206 systems and the public interest served by governmental zoning 2207 and land development regulations and notwithstanding any other 2208 law or local ordinance to the contrary, the following standards 2209 shall apply to a local governments actions, as a regulatory 2210 body, in the regulation of the placement, construction, or 2211 modification of a wireless communications facility. This 2212 subsection may not, however, be construed to waive or alter the 2213 provisions of s. 286.011 or s. 286.0115. For the purposes of 2214 this subsection only, local government shall mean any 2215 municipality or county and any agency of a municipality or 2216 county only. The term local government does not, however, 2217 include any airport, as defined in s. 330.27 by s. 330.27(2), 2218 even if it is owned or controlled by or through a municipality, 2219 county, or agency of a municipality or county. Further, 2220 notwithstanding anything in this section to the contrary, this 2221 subsection does not apply to or control a local governments 2222 actions as a property or structure owner in the use of any 2223 property or structure owned by such entity for the placement, 2224 construction, or modification of wireless communications 2225 facilities. In the use of property or structures owned by the 2226 local government, however, a local government may not use its 2227 regulatory authority so as to avoid compliance with, or in a 2228 manner that does not advance, the provisions of this subsection. 2229 (a)Colocation among wireless providers is encouraged by 2230 the state. 2231 1.a.Colocations on towers, including nonconforming towers, 2232 that meet the requirements in sub-sub-subparagraphs (I), (II), 2233 and (III), are subject to only building permit review, which may 2234 include a review for compliance with this subparagraph. Such 2235 colocations are not subject to any design or placement 2236 requirements of the local governments land development 2237 regulations in effect at the time of the colocation that are 2238 more restrictive than those in effect at the time of the initial 2239 antennae placement approval, to any other portion of the land 2240 development regulations, or to public hearing review. This sub 2241 subparagraph may not preclude a public hearing for any appeal of 2242 the decision on the colocation application. 2243 (I)The colocation does not increase the height of the 2244 tower to which the antennae are to be attached, measured to the 2245 highest point of any part of the tower or any existing antenna 2246 attached to the tower; 2247 (II)The colocation does not increase the ground space 2248 area, commonly known as the compound, approved in the site plan 2249 for equipment enclosures and ancillary facilities; and 2250 (III)The colocation consists of antennae, equipment 2251 enclosures, and ancillary facilities that are of a design and 2252 configuration consistent with all applicable regulations, 2253 restrictions, or conditions, if any, applied to the initial 2254 antennae placed on the tower and to its accompanying equipment 2255 enclosures and ancillary facilities and, if applicable, applied 2256 to the tower supporting the antennae. Such regulations may 2257 include the design and aesthetic requirements, but not 2258 procedural requirements, other than those authorized by this 2259 section, of the local governments land development regulations 2260 in effect at the time the initial antennae placement was 2261 approved. 2262 b.Except for a historic building, structure, site, object, 2263 or district, or a tower included in sub-subparagraph a., 2264 colocations on all other existing structures that meet the 2265 requirements in sub-sub-subparagraphs (I)-(IV) shall be subject 2266 to no more than building permit review, and an administrative 2267 review for compliance with this subparagraph. Such colocations 2268 are not subject to any portion of the local governments land 2269 development regulations not addressed herein, or to public 2270 hearing review. This sub-subparagraph may not preclude a public 2271 hearing for any appeal of the decision on the colocation 2272 application. 2273 (I)The colocation does not increase the height of the 2274 existing structure to which the antennae are to be attached, 2275 measured to the highest point of any part of the structure or 2276 any existing antenna attached to the structure; 2277 (II)The colocation does not increase the ground space 2278 area, otherwise known as the compound, if any, approved in the 2279 site plan for equipment enclosures and ancillary facilities; 2280 (III)The colocation consists of antennae, equipment 2281 enclosures, and ancillary facilities that are of a design and 2282 configuration consistent with any applicable structural or 2283 aesthetic design requirements and any requirements for location 2284 on the structure, but not prohibitions or restrictions on the 2285 placement of additional colocations on the existing structure or 2286 procedural requirements, other than those authorized by this 2287 section, of the local governments land development regulations 2288 in effect at the time of the colocation application; and 2289 (IV)The colocation consists of antennae, equipment 2290 enclosures, and ancillary facilities that are of a design and 2291 configuration consistent with all applicable restrictions or 2292 conditions, if any, that do not conflict with sub-sub 2293 subparagraph (III) and were applied to the initial antennae 2294 placed on the structure and to its accompanying equipment 2295 enclosures and ancillary facilities and, if applicable, applied 2296 to the structure supporting the antennae. 2297 c.Regulations, restrictions, conditions, or permits of the 2298 local government, acting in its regulatory capacity, that limit 2299 the number of colocations or require review processes 2300 inconsistent with this subsection do not apply to colocations 2301 addressed in this subparagraph. 2302 d.If only a portion of the colocation does not meet the 2303 requirements of this subparagraph, such as an increase in the 2304 height of the proposed antennae over the existing structure 2305 height or a proposal to expand the ground space approved in the 2306 site plan for the equipment enclosure, where all other portions 2307 of the colocation meet the requirements of this subparagraph, 2308 that portion of the colocation only may be reviewed under the 2309 local governments regulations applicable to an initial 2310 placement of that portion of the facility, including, but not 2311 limited to, its land development regulations, and within the 2312 review timeframes of subparagraph (d)2., and the rest of the 2313 colocation shall be reviewed in accordance with this 2314 subparagraph. A colocation proposal under this subparagraph that 2315 increases the ground space area, otherwise known as the 2316 compound, approved in the original site plan for equipment 2317 enclosures and ancillary facilities by no more than a cumulative 2318 amount of 400 square feet or 50 percent of the original compound 2319 size, whichever is greater, shall, however, require no more than 2320 administrative review for compliance with the local governments 2321 regulations, including, but not limited to, land development 2322 regulations review, and building permit review, with no public 2323 hearing review. This sub-subparagraph does not preclude a public 2324 hearing for any appeal of the decision on the colocation 2325 application. 2326 2.If a colocation does not meet the requirements of 2327 subparagraph 1., the local government may review the application 2328 under the local governments regulations, including, but not 2329 limited to, land development regulations, applicable to the 2330 placement of initial antennae and their accompanying equipment 2331 enclosure and ancillary facilities. 2332 3.If a colocation meets the requirements of subparagraph 2333 1., the colocation may not be considered a modification to an 2334 existing structure or an impermissible modification of a 2335 nonconforming structure. 2336 4.The owner of the existing tower on which the proposed 2337 antennae are to be colocated shall remain responsible for 2338 compliance with any applicable condition or requirement of a 2339 permit or agreement, or any applicable condition or requirement 2340 of the land development regulations to which the existing tower 2341 had to comply at the time the tower was permitted, including any 2342 aesthetic requirements, provided the condition or requirement is 2343 not inconsistent with this paragraph. 2344 5.An existing tower, including a nonconforming tower, may 2345 be structurally modified in order to permit colocation or may be 2346 replaced through no more than administrative review and building 2347 permit review, and is not subject to public hearing review, if 2348 the overall height of the tower is not increased and, if a 2349 replacement, the replacement tower is a monopole tower or, if 2350 the existing tower is a camouflaged tower, the replacement tower 2351 is a like-camouflaged tower. This subparagraph may not preclude 2352 a public hearing for any appeal of the decision on the 2353 application. 2354 (b)1.A local governments land development and 2355 construction regulations for wireless communications facilities 2356 and the local governments review of an application for the 2357 placement, construction, or modification of a wireless 2358 communications facility shall only address land development or 2359 zoning issues. In such local government regulations or review, 2360 the local government may not require information on or evaluate 2361 a wireless providers business decisions about its service, 2362 customer demand for its service, or quality of its service to or 2363 from a particular area or site, unless the wireless provider 2364 voluntarily offers this information to the local government. In 2365 such local government regulations or review, a local government 2366 may not require information on or evaluate the wireless 2367 providers designed service unless the information or materials 2368 are directly related to an identified land development or zoning 2369 issue or unless the wireless provider voluntarily offers the 2370 information. Information or materials directly related to an 2371 identified land development or zoning issue may include, but are 2372 not limited to, evidence that no existing structure can 2373 reasonably be used for the antennae placement instead of the 2374 construction of a new tower, that residential areas cannot be 2375 served from outside the residential area, as addressed in 2376 subparagraph 3., or that the proposed height of a new tower or 2377 initial antennae placement or a proposed height increase of a 2378 modified tower, replacement tower, or colocation is necessary to 2379 provide the providers designed service. Nothing in this 2380 paragraph shall limit the local government from reviewing any 2381 applicable land development or zoning issue addressed in its 2382 adopted regulations that does not conflict with this section, 2383 including, but not limited to, aesthetics, landscaping, land 2384 use-based location priorities, structural design, and setbacks. 2385 2.Any setback or distance separation required of a tower 2386 may not exceed the minimum distance necessary, as determined by 2387 the local government, to satisfy the structural safety or 2388 aesthetic concerns that are to be protected by the setback or 2389 distance separation. 2390 3.A local government may exclude the placement of wireless 2391 communications facilities in a residential area or residential 2392 zoning district but only in a manner that does not constitute an 2393 actual or effective prohibition of the providers service in 2394 that residential area or zoning district. If a wireless provider 2395 demonstrates to the satisfaction of the local government that 2396 the provider cannot reasonably provide its service to the 2397 residential area or zone from outside the residential area or 2398 zone, the municipality or county and provider shall cooperate to 2399 determine an appropriate location for a wireless communications 2400 facility of an appropriate design within the residential area or 2401 zone. The local government may require that the wireless 2402 provider reimburse the reasonable costs incurred by the local 2403 government for this cooperative determination. An application 2404 for such cooperative determination may not be considered an 2405 application under paragraph (d). 2406 4.A local government may impose a reasonable fee on 2407 applications to place, construct, or modify a wireless 2408 communications facility only if a similar fee is imposed on 2409 applicants seeking other similar types of zoning, land use, or 2410 building permit review. A local government may impose fees for 2411 the review of applications for wireless communications 2412 facilities by consultants or experts who conduct code compliance 2413 review for the local government but any fee is limited to 2414 specifically identified reasonable expenses incurred in the 2415 review. A local government may impose reasonable surety 2416 requirements to ensure the removal of wireless communications 2417 facilities that are no longer being used. 2418 5.A local government may impose design requirements, such 2419 as requirements for designing towers to support colocation or 2420 aesthetic requirements, except as otherwise limited in this 2421 section, but may not impose or require information on compliance 2422 with building code type standards for the construction or 2423 modification of wireless communications facilities beyond those 2424 adopted by the local government under chapter 553 and that apply 2425 to all similar types of construction. 2426 (c)Local governments may not require wireless providers to 2427 provide evidence of a wireless communications facilitys 2428 compliance with federal regulations, except evidence of 2429 compliance with applicable Federal Aviation Administration 2430 requirements under 14 C.F.R. part 77, as amended, and evidence 2431 of proper Federal Communications Commission licensure, or other 2432 evidence of Federal Communications Commission authorized 2433 spectrum use, but may request the Federal Communications 2434 Commission to provide information as to a wireless providers 2435 compliance with federal regulations, as authorized by federal 2436 law. 2437 (d)1.A local government shall grant or deny each properly 2438 completed application for a colocation under subparagraph (a)1. 2439 based on the applications compliance with the local 2440 governments applicable regulations, as provided for in 2441 subparagraph (a)1. and consistent with this subsection, and 2442 within the normal timeframe for a similar building permit review 2443 but in no case later than 45 business days after the date the 2444 application is determined to be properly completed in accordance 2445 with this paragraph. 2446 2.A local government shall grant or deny each properly 2447 completed application for any other wireless communications 2448 facility based on the applications compliance with the local 2449 governments applicable regulations, including but not limited 2450 to land development regulations, consistent with this subsection 2451 and within the normal timeframe for a similar type review but in 2452 no case later than 90 business days after the date the 2453 application is determined to be properly completed in accordance 2454 with this paragraph. 2455 3.a.An application is deemed submitted or resubmitted on 2456 the date the application is received by the local government. If 2457 the local government does not notify the applicant in writing 2458 that the application is not completed in compliance with the 2459 local governments regulations within 20 business days after the 2460 date the application is initially submitted or additional 2461 information resubmitted, the application is deemed, for 2462 administrative purposes only, to be properly completed and 2463 properly submitted. However, the determination may not be deemed 2464 as an approval of the application. If the application is not 2465 completed in compliance with the local governments regulations, 2466 the local government shall so notify the applicant in writing 2467 and the notification must indicate with specificity any 2468 deficiencies in the required documents or deficiencies in the 2469 content of the required documents which, if cured, make the 2470 application properly completed. Upon resubmission of information 2471 to cure the stated deficiencies, the local government shall 2472 notify the applicant, in writing, within the normal timeframes 2473 of review, but in no case longer than 20 business days after the 2474 additional information is submitted, of any remaining 2475 deficiencies that must be cured. Deficiencies in document type 2476 or content not specified by the local government do not make the 2477 application incomplete. Notwithstanding this sub-subparagraph, 2478 if a specified deficiency is not properly cured when the 2479 applicant resubmits its application to comply with the notice of 2480 deficiencies, the local government may continue to request the 2481 information until such time as the specified deficiency is 2482 cured. The local government may establish reasonable timeframes 2483 within which the required information to cure the application 2484 deficiency is to be provided or the application will be 2485 considered withdrawn or closed. 2486 b.If the local government fails to grant or deny a 2487 properly completed application for a wireless communications 2488 facility within the timeframes set forth in this paragraph, the 2489 application shall be deemed automatically approved and the 2490 applicant may proceed with placement of the facilities without 2491 interference or penalty. The timeframes specified in 2492 subparagraph 2. may be extended only to the extent that the 2493 application has not been granted or denied because the local 2494 governments procedures generally applicable to all other 2495 similar types of applications require action by the governing 2496 body and such action has not taken place within the timeframes 2497 specified in subparagraph 2. Under such circumstances, the local 2498 government must act to either grant or deny the application at 2499 its next regularly scheduled meeting or, otherwise, the 2500 application is deemed to be automatically approved. 2501 c.To be effective, a waiver of the timeframes set forth in 2502 this paragraph must be voluntarily agreed to by the applicant 2503 and the local government. A local government may request, but 2504 not require, a waiver of the timeframes by the applicant, except 2505 that, with respect to a specific application, a one-time waiver 2506 may be required in the case of a declared local, state, or 2507 federal emergency that directly affects the administration of 2508 all permitting activities of the local government. 2509 (e)The replacement of or modification to a wireless 2510 communications facility, except a tower, that results in a 2511 wireless communications facility not readily discernibly 2512 different in size, type, and appearance when viewed from ground 2513 level from surrounding properties, and the replacement or 2514 modification of equipment that is not visible from surrounding 2515 properties, all as reasonably determined by the local 2516 government, are subject to no more than applicable building 2517 permit review. 2518 (f)Any other law to the contrary notwithstanding, the 2519 Department of Management Services shall negotiate, in the name 2520 of the state, leases for wireless communications facilities that 2521 provide access to state government-owned property not acquired 2522 for transportation purposes, and the Department of 2523 Transportation shall negotiate, in the name of the state, leases 2524 for wireless communications facilities that provide access to 2525 property acquired for state rights-of-way. On property acquired 2526 for transportation purposes, leases shall be granted in 2527 accordance with s. 337.251. On other state government-owned 2528 property, leases shall be granted on a space available, first 2529 come, first-served basis. Payments required by state government 2530 under a lease must be reasonable and must reflect the market 2531 rate for the use of the state government-owned property. The 2532 Department of Management Services and the Department of 2533 Transportation are authorized to adopt rules for the terms and 2534 conditions and granting of any such leases. 2535 (g)If any person adversely affected by any action, or 2536 failure to act, or regulation, or requirement of a local 2537 government in the review or regulation of the wireless 2538 communication facilities files an appeal or brings an 2539 appropriate action in a court or venue of competent 2540 jurisdiction, following the exhaustion of all administrative 2541 remedies, the matter shall be considered on an expedited basis. 2542 Section 53.Subsection (2) of section 379.2293, Florida 2543 Statutes, is amended to read: 2544 379.2293Airport activities within the scope of a federally 2545 approved wildlife hazard management plan or a federal or state 2546 permit or other authorization for depredation or harassment. 2547 (2)An airport authority or other entity owning or 2548 operating an airport, as defined in s. 330.27 s. 330.27(2), is 2549 not subject to any administrative or civil penalty, restriction, 2550 or other sanction with respect to any authorized action taken in 2551 a non-negligent manner for the purpose of protecting human life 2552 or aircraft safety from wildlife hazards. 2553 Section 54.Subsection (22) of section 493.6101, Florida 2554 Statutes, is amended to read: 2555 493.6101Definitions. 2556 (22)Repossession means the recovery of a motor vehicle 2557 as defined under s. 320.01(1), a mobile home as defined in s. 2558 320.01(2), a motorboat as defined under s. 327.02, an aircraft 2559 as defined in s. 330.27 s. 330.27(1), a personal watercraft as 2560 defined in s. 327.02, an all-terrain vehicle as defined in s. 2561 316.2074, farm equipment as defined under s. 686.402, or 2562 industrial equipment, by an individual who is authorized by the 2563 legal owner, lienholder, or lessor to recover, or to collect 2564 money payment in lieu of recovery of, that which has been sold 2565 or leased under a security agreement that contains a 2566 repossession clause. As used in this subsection, the term 2567 industrial equipment includes, but is not limited to, 2568 tractors, road rollers, cranes, forklifts, backhoes, and 2569 bulldozers. The term industrial equipment also includes other 2570 vehicles that are propelled by power other than muscular power 2571 and that are used in the manufacture of goods or used in the 2572 provision of services. A repossession is complete when a 2573 licensed recovery agent is in control, custody, and possession 2574 of such repossessed property. Property that is being repossessed 2575 shall be considered to be in the control, custody, and 2576 possession of a recovery agent if the property being repossessed 2577 is secured in preparation for transport from the site of the 2578 recovery by means of being attached to or placed on the towing 2579 or other transport vehicle or if the property being repossessed 2580 is being operated or about to be operated by an employee of the 2581 recovery agency. 2582 Section 55.Paragraph (c) of subsection (1) of section 2583 493.6403, Florida Statutes, is amended to read: 2584 493.6403License requirements. 2585 (1)In addition to the license requirements set forth in 2586 this chapter, each individual or agency shall comply with the 2587 following additional requirements: 2588 (c)An applicant for a Class E license shall have at 2589 least 1 year of lawfully gained, verifiable, full-time 2590 experience in one, or a combination of more than one, of the 2591 following: 2592 1.Repossession of motor vehicles as defined in s. 2593 320.01(1), mobile homes as defined in s. 320.01(2), motorboats 2594 as defined in s. 327.02, aircraft as defined in s. 330.27 s. 2595 330.27(1), personal watercraft as defined in s. 327.02, all 2596 terrain vehicles as defined in s. 316.2074, farm equipment as 2597 defined under s. 686.402, or industrial equipment as defined in 2598 s. 493.6101(22). 2599 2.Work as a Class EE licensed intern. 2600 Section 56.This act shall take effect July 1, 2025. |
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| 2 | + | 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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