Florida Senate Bill S1662 Latest Draft

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CS for CS for CS for SB 1662  First Engrossed 20251662e1 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; creating s. 151 334.615, F.S.; authorizing certain parking authorities 152 to operate, manage, and control certain parking 153 facilities upon entering into certain interlocal 154 agreements; creating s. 334.62, F.S.; providing 155 legislative findings; establishing the Florida 156 Transportation Academy within the department; 157 authorizing the department to coordinate with certain 158 entities for specified purposes; amending s. 335.182, 159 F.S.; defining the term modification of an existing 160 connection; revising the definition of the term 161 significant change; amending s. 335.187, F.S.; 162 authorizing the department to modify or revoke certain 163 access permits by requiring modification of an 164 existing connection in certain circumstances; amending 165 s. 337.027, F.S.; revising the definition of the term 166 small business; authorizing the department to 167 provide notice of certain opportunities; amending s. 168 337.11, F.S.; requiring the department to give 169 consideration to small business participation, instead 170 of disadvantaged business enterprise participation; 171 repealing s. 337.125, F.S., relating to socially and 172 economically disadvantaged business enterprises and 173 notice requirements; repealing s. 337.135, F.S., 174 relating to socially and economically disadvantaged 175 business enterprises and punishment for false 176 representation; repealing s. 337.139, F.S., relating 177 to efforts to encourage awarding contracts to 178 disadvantaged business enterprises; amending s. 179 337.18, F.S.; authorizing the Secretary of 180 Transportation to require a surety bond in an amount 181 that is less than the awarded contract price; amending 182 s. 337.251, F.S.; revising factors that may be 183 considered by the department when selecting certain 184 proposals; amending s. 337.401, F.S.; prohibiting a 185 municipality from prohibiting, or requiring a permit 186 for, the installation of certain public sewer 187 transmission lines; amending s. 337.406, F.S.; 188 prohibiting camping on any portion of the right-of-way 189 of the State Highway System; providing applicability; 190 amending s. 338.227, F.S.; revising the purpose for 191 which the department and the Department of Management 192 Services shall create and implement a certain outreach 193 program; amending s. 339.08, F.S.; defining the term 194 energy policy of the state; prohibiting the 195 department from expending state funds to support 196 projects or programs of certain entities in certain 197 circumstances; repealing s. 339.0805, F.S., relating 198 to funds to be expended with certified disadvantaged 199 business enterprises, a construction management 200 development program, and a bond guarantee program; 201 amending s. 339.135, F.S.; requiring that funds for 202 rural transit operating block grants be allocated in a 203 certain manner; amending s. 339.2821, F.S.; requiring 204 the department to ensure that it is supportive of 205 small businesses, rather than ensuring that small and 206 minority businesses have equal access to participation 207 in certain transportation projects; repealing s. 208 339.287, F.S., relating to electric vehicle charging 209 stations and infrastructure plan development; amending 210 s. 339.63, F.S.; deleting the definition of the term 211 intermodal logistics center; amending s. 339.651, 212 F.S.; authorizing, rather than requiring, the 213 department to make a certain amount available from the 214 existing work program to fund certain projects 215 annually; deleting the scheduled repeal of provisions 216 relating to Strategic Intermodal System supply chain 217 demands; amending s. 341.051, F.S.; providing for the 218 reallocation of certain funds; deleting the scheduled 219 repeal of provisions providing for the reallocation of 220 certain funds; amending s. 341.052, F.S.; revising the 221 list of providers to which certain block grant funds 222 shall be provided; revising the specified report used 223 to verify certain data; creating s. 341.0525, F.S.; 224 creating a rural transit operating block grant program 225 to be administered by the department; requiring the 226 annual allocation of certain funds from the State 227 Transportation Trust Fund for the program; providing 228 for the distribution of funds to each eligible public 229 transit provider in at least a certain amount; 230 providing authorized uses of grant funds; prohibiting 231 state participation in certain costs above a specified 232 percentage or amount; prohibiting an eligible public 233 transit provider from using block grant funds in a 234 certain manner; providing an exception; prohibiting 235 the state from giving a county more than a specified 236 percentage of available funds or a certain amount; 237 providing eligibility requirements; requiring an 238 eligible provider to return funds under certain 239 circumstances; authorizing the department to consult 240 with an eligible provider before distributing funds to 241 make a certain determination; requiring an eligible 242 provider to repay to the department funds expended on 243 unauthorized uses if revealed in an audit; requiring 244 the department to redistribute returned and repaid 245 funds to other eligible providers; amending s. 246 348.754, F.S.; revising the types of businesses the 247 Central Florida Expressway Authority is required to 248 encourage the inclusion of in certain opportunities; 249 amending s. 349.03, F.S.; revising membership 250 requirements for the governing body of the 251 Jacksonville Transportation Authority; amending ss. 252 110.205, 322.27, 365.172, 379.2293, 493.6101, and 253 493.6403, F.S.; conforming cross-references and 254 provisions to changes made by the act; requiring the 255 department to coordinate with state agencies and water 256 management districts to establish a workgroup for a 257 certain purpose relating to statewide mapping 258 programs; providing that the department is the lead 259 agency for the development and review of certain 260 policies, practices, and standards for a specified 261 fiscal year; authorizing the department to issue a 262 request for proposals for the procurement of a program 263 to manage certain survey, mapping, and data 264 collection; requiring the department, in coordination 265 with the workgroup, to review state statutes and 266 policies related to geospatial data sharing and make 267 certain recommendations to the Legislature by a 268 certain date; providing requirements for such 269 recommendations; providing an effective date. 270 271 Be It Enacted by the Legislature of the State of Florida: 272 273 Section 1.Present subsections (3) through (6) of section 274 20.23, Florida Statutes, are redesignated as subsections (4) 275 through (7), respectively, a new subsection (3) is added to that 276 section, and paragraph (d) of subsection (1), paragraphs (a), 277 (b), and (g) of subsection (2), and paragraph (b) of present 278 subsection (3) of that section are amended, to read: 279 20.23Department of Transportation.There is created a 280 Department of Transportation which shall be a decentralized 281 agency. 282 (1) 283 (d)The secretary may appoint up to three assistant 284 secretaries, who shall serve as the Chief Operations Officer, 285 Chief Finance and Administration Officer, and Chief Strategic 286 Development Officer, respectively; be directly responsible to 287 the secretary; and who shall perform such duties as are assigned 288 by the secretary. The secretary may also appoint an Executive 289 Director of Transportation Technology. Such assistant secretary 290 and executive director positions are exempt from career service 291 pursuant to s. 110.205(2)(j) and are included in the Senior 292 Management Service. The secretary shall designate to an 293 assistant secretary the duties related to enhancing economic 294 prosperity, including, but not limited to, the responsibility of 295 liaison with the head of economic development in the Executive 296 Office of the Governor. Such assistant secretary shall be 297 directly responsible for providing the Executive Office of the 298 Governor with investment opportunities and transportation 299 projects that expand the states role as a global hub for trade 300 and investment and enhance the supply chain system in the state 301 to process, assemble, and ship goods to markets throughout the 302 eastern United States, Canada, the Caribbean, and Latin America. 303 The secretary may delegate to any assistant secretary the 304 authority to act in the absence of the secretary. 305 (2)(a)1.The Florida Transportation Commission is hereby 306 created and shall be composed consist of nine members appointed 307 by the Governor subject to confirmation by the Senate. Members 308 of the commission shall serve terms of 4 years each. 309 2.Members shall be appointed in such a manner as to 310 equitably represent all geographic areas of the state. Each 311 member must be a registered voter and a citizen of the state. At 312 least three members of the commission must be representatives of 313 or possess expertise in the higher education, transportation, or 314 workforce development industries Each member of the commission 315 must also possess business managerial experience in the private 316 sector. 317 3.A member of the commission shall represent the 318 transportation needs of the state as a whole and may not 319 subordinate the needs of the state to those of any particular 320 area of the state. 321 4.The commission is assigned to the Office of the 322 Secretary of the Department of Transportation for administrative 323 and fiscal accountability purposes, but it shall otherwise 324 function independently of the control and direction of the 325 department. 326 (b)The commission shall: 327 1.Recommend major transportation policies for the 328 Governors approval and assure that approved policies and any 329 revisions are properly executed. 330 2.Periodically review the status of the state 331 transportation system, including highway, transit, rail, 332 seaport, intermodal development, and aviation components of the 333 system, and recommend improvements to the Governor and the 334 Legislature. 335 3.Perform an in-depth evaluation of the annual department 336 budget request, the Florida Transportation Plan, and the 337 tentative work program for compliance with all applicable laws 338 and established departmental policies. Except as specifically 339 provided in s. 339.135(4)(c)2., (d), and (f), the commission may 340 not consider individual construction projects but shall consider 341 methods of accomplishing the goals of the department in the most 342 effective, efficient, and businesslike manner. 343 4.Monitor the financial status of the department on a 344 regular basis to assure that the department is managing revenue 345 and bond proceeds responsibly and in accordance with law and 346 established policy. 347 5.Monitor on at least a quarterly basis the efficiency, 348 productivity, and management of the department using performance 349 and production standards developed by the commission pursuant to 350 s. 334.045. 351 6.Perform an in-depth evaluation of the factors causing 352 disruption of project schedules in the adopted work program and 353 recommend to the Governor and the Legislature methods to 354 eliminate or reduce the disruptive effects of these factors. 355 7.Recommend to the Governor and the Legislature 356 improvements to the departments organization in order to 357 streamline and optimize the efficiency of the department. In 358 reviewing the departments organization, the commission shall 359 determine if the current district organizational structure is 360 responsive to this states changing economic and demographic 361 development patterns. The report by the commission must be 362 delivered to the Governor and the Legislature by December 15 363 each year, as appropriate. The commission may retain experts as 364 necessary to carry out this subparagraph, and the department 365 shall pay the expenses of the experts. 366 8.Monitor the efficiency, productivity, and management of 367 the agencies and authorities created under chapters 348 and 349; 368 the Mid-Bay Bridge Authority re-created pursuant to chapter 369 2000-411, Laws of Florida; and any authority formed under 370 chapter 343; and any transit entity that receives funding under 371 the public transit block grant program pursuant to s. 341.052. 372 The commission shall also conduct periodic reviews of each 373 agencys and authoritys operations and budget, acquisition of 374 property, management of revenue and bond proceeds, and 375 compliance with applicable laws and generally accepted 376 accounting principles. 377 (g)A member of the commission shall follow the standards 378 of conduct for public officers provided in s. 112.313 may not 379 have any interest, direct or indirect, in any contract, 380 franchise, privilege, or other benefit granted or awarded by the 381 department during the term of his or her appointment and for 2 382 years after the termination of such appointment. 383 (3)The Legislature finds that the transportation industry 384 is critical to the economic future of this state and that the 385 competitiveness of the industry in this state depends upon the 386 development and maintenance of a qualified workforce and 387 cutting-edge research and innovation. The Legislature further 388 finds that the transportation industry in this state has varied 389 and complex workforce needs ranging from technical and 390 mechanical training to continuing education opportunities for 391 workers with advanced degrees and certifications. The timely 392 need also exists for coordinated research and innovation efforts 393 to promote emerging technologies and innovative construction 394 methods and tools and to address alternative funding mechanisms. 395 It is the intent of the Legislature to support programs designed 396 to address the workforce development needs of the states 397 transportation industry. 398 (a)The Florida Transportation Research Institute is 399 created as a consortium of higher education professionals. The 400 purpose of the institute is to drive cutting-edge research, 401 innovation, transformational technologies, and breakthrough 402 solutions and to support workforce development efforts that 403 contribute to this states transportation industry. 404 (b)The mission of the institute is to advance the states 405 transportation infrastructure and systems through research, 406 education, and engagement for a safer and more efficient, 407 resilient, and innovative movement of people and goods 408 throughout this state. 409 (c)The institute shall report to the department and shall 410 be composed of members from the University of Florida, Indian 411 River State College, the University of Central Florida, the 412 University of South Florida, and Florida International 413 University. The department shall select a member to serve as the 414 administrative lead of the institute. The department shall 415 assess the performance of the administrative lead periodically 416 to ensure accountability and assess the attainment of 417 performance goals. 418 (d)The Secretary of Transportation shall appoint a 419 representative of the department to serve as the executive 420 director of the institute. The department shall coordinate with 421 the members of the institute to adopt policies establishing the 422 institutes executive committee and mission statement. 423 (e)The institute may award grants in alignment with its 424 purpose. Such grants may be directed to member and nonmember 425 institutions that have a proven expertise relevant to the grant, 426 including not-for-profit organizations and institutions of 427 higher education. 428 (f)The department may allocate funds to the institute from 429 the State Transportation Trust Fund. The institute may expend 430 such funds for the institutes operations and programs to 431 support research and innovation projects that provide solutions 432 for this states transportation needs. 433 (g)The institute shall submit an annual report of 434 performance metrics to the Secretary of Transportation and the 435 commission. The report must include, but is not limited to, 436 expenditures of funds allocated to the institute by the 437 department, ongoing and proposed research efforts, and the 438 application and success of past research efforts. 439 (4)(3) 440 (b)The secretary may appoint positions at the level of 441 deputy assistant secretary or director which the secretary deems 442 necessary to accomplish the mission and goals of the department, 443 including, but not limited to, the areas of program 444 responsibility provided in this paragraph, each of whom shall be 445 appointed by and serve at the pleasure of the secretary. The 446 secretary may combine, separate, or delete offices as needed in 447 consultation with the Executive Office of the Governor. The 448 departments areas of program responsibility include, but are 449 not limited to, all of the following: 450 1.Administration. 451 2.Planning. 452 3.Supply chain and modal development. 453 4.Design. 454 5.Highway operations. 455 6.Right-of-way. 456 7.Toll operations. 457 8.Transportation technology. 458 9.Information technology systems. 459 10.Motor carrier weight inspection. 460 11.Work program and budget. 461 12.Comptroller. 462 13.Construction. 463 14.Statewide corridors. 464 15.Maintenance. 465 16.Forecasting and performance. 466 17.Emergency management. 467 18.Safety. 468 19.Materials. 469 20.Infrastructure and innovation. 470 21.Permitting. 471 22.Traffic operations. 472 23.Operational technology. 473 Section 2.Paragraph (b) of subsection (3) of section 474 311.07, Florida Statutes, is amended to read: 475 311.07Florida seaport transportation and economic 476 development funding. 477 (3) 478 (b)Projects eligible for funding by grants under the 479 program are limited to the following port facilities or port 480 transportation projects: 481 1.Transportation facilities within the jurisdiction of the 482 port. 483 2.The dredging or deepening of channels, turning basins, 484 or harbors. 485 3.The construction or rehabilitation of wharves, docks, 486 structures, jetties, piers, storage facilities, cruise 487 terminals, automated people mover systems, or any facilities 488 necessary or useful in connection with any of the foregoing. 489 4.The acquisition of vessel tracking systems, container 490 cranes, or other mechanized equipment used in the movement of 491 cargo or passengers in international commerce. 492 5.The acquisition of land to be used for port purposes. 493 6.The acquisition, improvement, enlargement, or extension 494 of existing port facilities. 495 7.Environmental protection projects which are necessary 496 because of requirements imposed by a state agency as a condition 497 of a permit or other form of state approval; which are necessary 498 for environmental mitigation required as a condition of a state, 499 federal, or local environmental permit; which are necessary for 500 the acquisition of spoil disposal sites and improvements to 501 existing and future spoil sites; or which result from the 502 funding of eligible projects listed in this paragraph. 503 8.Transportation facilities as defined in s. 334.03(30) 504 which are not otherwise part of the Department of 505 Transportations adopted work program. 506 9.Intermodal access projects. 507 10.Construction or rehabilitation of port facilities as 508 defined in s. 315.02, excluding any park or recreational 509 facilities, in ports listed in s. 311.09(1) with operating 510 revenues of $5 million or less, provided that such projects 511 create economic development opportunities, capital improvements, 512 and positive financial returns to such ports. 513 11.Seaport master plan or strategic plan development or 514 updates, including the purchase of data to support such plans. 515 12.Spaceport or space industry-related planning or 516 construction of facilities on seaport property which are 517 necessary or useful for advancing the space industry in this 518 state and provide an economic benefit to this state. 519 13.Commercial shipbuilding and manufacturing facilities on 520 seaport property, if such projects provide an economic benefit 521 to the community in which the seaport is located. 522 Section 3.Subsections (1) and (3) of section 311.09, 523 Florida Statutes, are amended to read: 524 311.09Florida Seaport Transportation and Economic 525 Development Council. 526 (1)The Florida Seaport Transportation and Economic 527 Development Council is created within the Department of 528 Transportation. The purpose of the council is to support the 529 growth of seaports in this state through review, development, 530 and financing of port transportation and port facilities. The 531 council is composed consists of the following 18 members: the 532 port director, or the port directors designee, of each of the 533 ports of Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, 534 Palm Beach, Port Everglades, Miami, Port Manatee, St. 535 Petersburg, Putnam County, Tampa, Port St. Joe, Panama City, 536 Pensacola, Key West, and Fernandina; the secretary of the 537 Department of Transportation or his or her designee; and the 538 secretary of the Department of Commerce or his or her designee. 539 (3)The council shall prepare a 5-year Florida Seaport 540 Mission Plan defining the goals and objectives of the council 541 concerning the development of port facilities and an intermodal 542 transportation system consistent with the goals of the Florida 543 Transportation Plan developed pursuant to s. 339.155. The 544 Florida Seaport Mission Plan shall include specific 545 recommendations for the construction of transportation 546 facilities connecting any port to another transportation mode, 547 the construction of transportation facilities connecting any 548 port to the space and aerospace industries, and for the 549 efficient, cost-effective development of transportation 550 facilities or port facilities for the purpose of enhancing 551 trade, promoting cargo flow, increasing cruise passenger 552 movements, increasing port revenues, and providing economic 553 benefits to the state. The council shall develop a priority list 554 of projects based on these recommendations annually and submit 555 the list to the Department of Transportation. The council shall 556 update the 5-year Florida Seaport Mission Plan annually and 557 shall submit the plan no later than February 1 of each year to 558 the President of the Senate, the Speaker of the House of 559 Representatives, the Department of Commerce, and the Department 560 of Transportation. The council shall develop programs, based on 561 an examination of existing programs in Florida and other states, 562 for the training of minorities and secondary school students in 563 job skills associated with employment opportunities in the 564 maritime industry, and report on progress and recommendations 565 for further action to the President of the Senate and the 566 Speaker of the House of Representatives annually. Each port 567 member of the council shall submit a semiannual report related 568 to his or her ports operations and support of the states 569 economic competitiveness and supply chain. Reports must be 570 submitted to the Department of Transportation and include any 571 information required by the Department of Transportation in 572 consultation with the Department of Commerce. Such reports must 573 include, but are not limited to, all of the following 574 information: 575 (a)Bulk break capacity. 576 (b)Liquid storage and capacity. 577 (c)Fuel storage and capacity. 578 (d)Container capacity. 579 (e)A description of any supply chain disruption. 580 Section 4.Subsection (4) is added to section 311.10, 581 Florida Statutes, to read: 582 311.10Strategic Port Investment Initiative. 583 (4)As a condition of receiving a project grant under any 584 program established in this chapter and as a condition of 585 receiving state funds as described in s. 215.31, a seaport 586 located in any county identified in s. 331.304(1), (5), or (7) 587 must include in any agreement with the Department of 588 Transportation that the seaport may not convert any planned or 589 existing land, facility, or infrastructure designated for cargo 590 purposes to any alternative purpose unless the conversion is 591 approved by the seaport at a publicly noticed meeting as a 592 separate line item on the agenda and with a reasonable 593 opportunity for public comment. If the conversion is approved by 594 the seaport, express approval must be obtained by the Florida 595 Seaport Transportation and Economic Development Council and the 596 Florida Transportation Commission upon recommendation by the 597 funding agency. As used in this subsection, the term cargo 598 purposes includes, but is not limited to, any facility, 599 activity, property, energy source, or infrastructure asset that 600 supports spaceport activities. 601 Section 5.Present subsection (8) of section 311.101, 602 Florida Statutes, is redesignated as subsection (9), a new 603 subsection (8) is added to that section, and subsection (2) of 604 that section is amended, to read: 605 311.101Intermodal Logistics Center Infrastructure Support 606 Program. 607 (2)For the purposes of this section, the term intermodal 608 logistics center, including, but not limited to, an inland 609 port, means a facility or group of facilities serving as a 610 point of intermodal transfer of freight in a specific area 611 physically separated from a seaport where activities relating to 612 transport, logistics, goods distribution, consolidation, or 613 value-added activities are carried out and whose activities and 614 services are designed to support or be supported by conveyance 615 or shipping through one or more seaports listed in s. 311.09 or 616 airports as defined in s. 330.27. 617 (8)(a)There is created within the Department of 618 Transportation an intermodal logistics center working group. The 619 purpose of the working group is to coordinate the planning and 620 development of intermodal logistics centers across this state. 621 The working group shall be composed of the following members: 622 1.The Secretary of Transportation, or his or her designee. 623 2.The Secretary of Commerce, or his or her designee. 624 3.The Commissioner of Agriculture, or his or her designee. 625 4.One member from a seaport listed in s. 311.09(1), 626 appointed by the Secretary of Transportation. 627 5.One member from an airport, appointed by the Secretary 628 of Transportation. 629 6.One member from an intermodal logistics center, 630 appointed by the Secretary of Transportation. 631 7.One member from the agricultural industry, appointed by 632 the Commissioner of Agriculture. 633 8.One member from the trucking industry, appointed by the 634 Secretary of Transportation. 635 9.One member from the freight rail industry, appointed by 636 the Secretary of Transportation. 637 10.One member from the passenger rail industry, appointed 638 by the Secretary of Transportation. 639 11.One member from a business located within an intermodal 640 logistics center, appointed by the Secretary of Commerce. 641 12.One member from a local workforce development board 642 created pursuant to chapter 445, appointed by the president of 643 CareerSource Florida, Inc. 644 (b)The Secretary of Transportation, or his or her 645 designee, shall serve as the chair of the working group. The 646 Secretary of Commerce, or his or her designee, shall serve as 647 vice chair of the working group. 648 (c)Members of the working group shall serve without 649 compensation but are eligible for per diem and travel expenses 650 pursuant to s. 112.061. 651 (d)The working group is responsible for all of the 652 following: 653 1.Conducting a study of regional needs regarding 654 intermodal logistics centers, including a breakdown of urban 655 versus rural locations for intermodal logistics centers. 656 2.Determining the statewide benefits of intermodal 657 logistics centers. 658 3.Evaluating the impact of existing and proposed freight 659 and passenger rail service on existing rail corridors and the 660 need for any additional rail capacity. 661 4.Evaluating key criteria used by the state to expand and 662 develop the intermodal logistics center network through the use 663 of the Strategic Intermodal System created pursuant to ss. 664 339.61-339.651, including any recommended changes to state law. 665 5.Evaluating the readiness of existing and proposed 666 locations for intermodal logistics centers and developing a list 667 of improvements that may be necessary to attract businesses to 668 those centers. 669 6.Evaluating and recommending potential state policies 670 that would enhance the development of a long-term statewide 671 strategy regarding intermodal logistics centers. 672 7.Evaluating the operations of freight logistics zones as 673 defined in s. 311.103(1), including the processes for their 674 designation and funding. 675 (e)On or before January 1, 2027, the working group shall 676 submit a report to the Governor, the President of the Senate, 677 and the Speaker of the House of Representatives providing the 678 working groups findings and recommendations regarding the 679 responsibilities listed in paragraph (d). 680 (f)This subsection is repealed on June 30, 2027. 681 Section 6.Subsection (83) of section 316.003, Florida 682 Statutes, is amended to read: 683 316.003Definitions.The following words and phrases, when 684 used in this chapter, shall have the meanings respectively 685 ascribed to them in this section, except where the context 686 otherwise requires: 687 (83)SPECIAL MOBILE EQUIPMENT.Any vehicle not designed or 688 used primarily for the transportation of persons or property and 689 only incidentally operated or moved over a highway, including, 690 but not limited to, ditchdigging apparatus, well-boring 691 apparatus, and road construction and maintenance machinery, such 692 as asphalt spreaders, bituminous mixers, bucket loaders, 693 tractors other than truck tractors, ditchers, leveling graders, 694 finishing machines, motor graders, road rollers, scarifiers, 695 earthmoving carryalls and scrapers, power shovels and draglines, 696 mobile and self-propelled cranes and accessory support vehicles, 697 and earthmoving equipment. The term does not include house 698 trailers, dump trucks, truck-mounted transit mixers, cranes or 699 shovels, or other vehicles designed for the transportation of 700 persons or property to which machinery has been attached. 701 Section 7.Section 316.0741, Florida Statutes, is repealed. 702 Section 8.Subsection (7) of section 316.0745, Florida 703 Statutes, is amended to read: 704 316.0745Uniform signals and devices. 705 (7)The Department of Transportation may, upon receipt and 706 investigation of reported noncompliance and after hearing 707 pursuant to 14 days notice, direct the removal of any purported 708 traffic control device that fails to meet the requirements of 709 this section, wherever the device is located and without regard 710 to assigned responsibility under s. 316.1895. The public agency 711 erecting or installing the same shall immediately bring it into 712 compliance with the requirements of this section or remove said 713 device or signal upon the direction of the Department of 714 Transportation and may not, for a period of 5 years, install any 715 replacement or new traffic control devices paid for in part or 716 in full with revenues raised by the state unless written prior 717 approval is received from the Department of Transportation. Any 718 additional violation by a public body or official shall be cause 719 for the withholding of state funds deposited in the State 720 Transportation Trust Fund for traffic control purposes until 721 such public body or official demonstrates to the Department of 722 Transportation that it is complying with this section. 723 Section 9.Subsection (3) of section 316.550, Florida 724 Statutes, is amended to read: 725 316.550Operations not in conformity with law; special 726 permits. 727 (3)Notwithstanding subsection (2), the Department of 728 Transportation may issue a mobile crane special blanket permit 729 for any of the following purposes: 730 (a)To authorize a mobile crane to operate on and A permit 731 may authorize a self-propelled truck crane operating off the 732 Interstate Highway System while towing to tow a motor vehicle 733 that which does not weigh more than 5,000 pounds if the combined 734 weight of the crane and such motor vehicle does not exceed 735 95,000 pounds. Notwithstanding s. 320.01(7) or (12), mobile 736 truck cranes that tow another motor vehicle under the provision 737 of this subsection shall be taxed under the provisions of s. 738 320.08(5)(b). 739 (b)To authorize a mobile crane and accessory support 740 vehicles that are up to 12 feet in width, 14 feet 6 inches in 741 height, and 100 feet in length to operate on and off the 742 Interstate Highway System at all hours except as restricted 743 under a local travel-related curfew. 744 (c)To authorize a mobile crane and accessory support 745 vehicles that, due to their design for special use, exceed the 746 weight limits established in s. 316.535 to operate on and off 747 the Interstate Highway System. 748 Section 10.Subsections (1) and (3), paragraphs (a) and (c) 749 of subsection (4), and subsection (6) of section 320.084, 750 Florida Statutes, are amended to read: 751 320.084Free motor vehicle license plate to certain 752 disabled veterans. 753 (1)One free disabled veteran DV motor vehicle license 754 number plate shall be issued by the department for use on any 755 motor vehicle owned or leased by any disabled veteran who has 756 been a resident of this state continuously for the preceding 5 757 years or has established a domicile in this state as provided by 758 s. 222.17(1), (2), or (3), and who has been honorably discharged 759 from the United States Armed Forces, upon application, 760 accompanied by proof that: 761 (a)A vehicle was initially acquired through financial 762 assistance by the United States Department of Veterans Affairs 763 or its predecessor specifically for the purchase of an 764 automobile; 765 (b)The applicant has been determined by the United States 766 Department of Veterans Affairs or its predecessor to have a 767 service-connected 100-percent disability rating for 768 compensation; or 769 (c)The applicant has been determined to have a service 770 connected disability rating of 100 percent and is in receipt of 771 disability retirement pay from any branch of the United States 772 Armed Services. 773 (3)The department shall, as it deems necessary, require 774 each person to whom a motor vehicle license plate has been 775 issued pursuant to subsection (1) to apply to the department for 776 reissuance of his or her registration license plate. Upon 777 receipt of the application and proof of the applicants 778 continued eligibility, the department shall issue a new 779 permanent disabled veteran DV numerical motor vehicle license 780 plate which shall be of the colors red, white, and blue similar 781 to the colors of the United States flag. The operation of a 782 motor vehicle displaying a disabled veteran DV license plate 783 from a previous issue period or a noncurrent validation sticker 784 after the date specified by the department shall subject the 785 owner if he or she is present, otherwise the operator, to the 786 penalty provided in s. 318.18(2). Such permanent license plate 787 shall be removed upon sale of the vehicle, but may be 788 transferred to another vehicle owned by such veteran in the 789 manner prescribed by law. The license number of each plate 790 issued under this section shall be identified by the letter 791 designation DV. Upon request of any such veteran, the 792 department is authorized to issue a designation plate containing 793 only the letters DV, to be displayed on the front of the 794 vehicle. 795 (4)(a)With the issuance of each new permanent disabled 796 veteran DV numerical motor vehicle license plate, the 797 department shall initially issue, without cost to the applicant, 798 a validation sticker reflecting the owners birth month and a 799 serially numbered validation sticker reflecting the year of 800 expiration. The initial sticker reflecting the year of 801 expiration may not exceed 27 months. 802 (c)Registration under this section shall be renewed 803 annually or biennially during the applicable renewal period on 804 forms prescribed by the department, which shall include, in 805 addition to any other information required by the department, a 806 certified statement as to the continued eligibility of the 807 applicant to receive the special disabled veteran DV license 808 plate. Any applicant who falsely or fraudulently submits to the 809 department the certified statement required by this paragraph is 810 guilty of a noncriminal violation and is subject to a civil 811 penalty of $50. 812 (6)(a)A disabled veteran who meets the requirements of 813 subsection (1) may be issued, in lieu of the disabled veteran 814 DV license plate, a military license plate for which he or she 815 is eligible or a specialty license plate embossed with the 816 initials DV in the top left-hand corner. A disabled veteran 817 electing a military license plate or specialty license plate 818 under this subsection must pay all applicable fees related to 819 such license plate, except for fees otherwise waived under 820 subsections (1) and (4). 821 (b)A military license plate or specialty license plate 822 elected under this subsection: 823 1.Does not provide the protections or rights afforded by 824 ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041. 825 2.is not eligible for the international symbol of 826 accessibility as described in s. 320.0842. 827 Section 11.Paragraph (e) of subsection (2) of section 828 320.0848, Florida Statutes, is amended to read: 829 320.0848Persons who have disabilities; issuance of 830 disabled parking permits; temporary permits; permits for certain 831 providers of transportation services to persons who have 832 disabilities. 833 (2)DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM 834 MOBILITY PROBLEMS. 835 (e)A person who qualifies for a disabled parking permit 836 under this section may be issued an international wheelchair 837 user symbol license plate under s. 320.0843 in lieu of the 838 disabled parking permit; or, if the person qualifies for a 839 disabled veteran DV license plate under s. 320.084, such a 840 license plate may be issued to him or her in lieu of a disabled 841 parking permit. 842 Section 12.Section 330.27, Florida Statutes, is amended to 843 read: 844 330.27Definitions, when used in ss. 330.29-330.39. 845 (1)Air ambulance operation means a flight with a patient 846 or medical personnel on board for the purpose of medical 847 transportation. 848 (2)Aircraft means a powered or unpowered machine or 849 device capable of atmospheric flight, including, but not limited 850 to, an airplane, an autogyro, a glider, a gyrodyne, a 851 helicopter, a lift and cruise, a multicopter, paramotors, a 852 powered lift, a seaplane, a tiltrotor, an ultralight, and a 853 vectored thrust. The term does not include except a parachute or 854 other such device used primarily as safety equipment. 855 (3)(2)Airport means a specific an area of land or water 856 or a structure used for, or intended to be used for, aircraft 857 operations, which may include landing and takeoff of aircraft, 858 including appurtenant areas, buildings, facilities, or rights 859 of-way necessary to facilitate such use or intended use. The 860 term includes, but is not limited to, airparks, airports, 861 gliderports, heliports, helistops, seaplane bases, ultralight 862 flightparks, vertiports, and vertistops. 863 (4)Commercial air tour operation means a flight 864 conducted for compensation or hire in an aircraft where a 865 purpose of the flight is sightseeing. 866 (5)Commuter operation means any scheduled operation 867 conducted by a person operating an aircraft with a frequency of 868 operations of at least five round trips per week on at least one 869 route between two or more points according to the published 870 flight schedule. 871 (6)(3)Department means the Department of Transportation. 872 (7)(4)Limited airport means any airport limited 873 exclusively to the specific conditions stated on the site 874 approval order or license. 875 (8)On-demand operation means any scheduled passenger 876 carrying operation for compensation or hire conducted by a 877 person operating an aircraft with a frequency of operations of 878 fewer than five round trips per week on at least one route 879 between two or more points according to the published flight 880 schedule. 881 (9)(5)Private airport means an airport, publicly or 882 privately owned, which is not open or available for use by the 883 public, but may be made available to others by invitation of the 884 owner or manager. 885 (10)Private airport of public interest means a private 886 airport engaged in air ambulance operations, commercial air tour 887 operations, commuter operations, on-demand operations, public 888 charter operations, scheduled operations, or supplemental 889 operations. 890 (11)(6)Public airport means an airport, publicly or 891 privately owned, which is open for use by the public. 892 (12)Public charter operation means a one-way or round 893 trip charter flight performed by one or more direct air carriers 894 which is arranged and sponsored by a charter operator. 895 (13)Scheduled operation means any common carriage 896 passenger-carrying operation for compensation or hire conducted 897 by an air carrier or commercial operator for which the 898 certificateholder or its representative offers in advance the 899 departure location, departure time, and arrival location. 900 (14)Supplemental operation means any common carriage 901 operation for compensation or hire conducted with an aircraft 902 for which the departure time, departure location, and arrival 903 location are specifically negotiated with the customer or 904 customers representative. 905 (15)(7)Temporary airport means an airport at which 906 flight operations are conducted under visual flight rules 907 established by the Federal Aviation Administration and which is 908 used for less than 30 consecutive days with no more than 10 909 operations per day. 910 (8)Ultralight aircraft means any aircraft meeting the 911 criteria established by part 103 of the Federal Aviation 912 Regulations. 913 Section 13.Subsections (2) and (4) of section 330.30, 914 Florida Statutes, are amended to read: 915 330.30Approval of airport sites; registration, 916 certification, and licensure of airports. 917 (2)LICENSES, CERTIFICATIONS, AND REGISTRATIONS; 918 REQUIREMENTS, RENEWAL, REVOCATION. 919 (a)Except as provided in subsection (3), the owner or 920 lessee of an airport in this state shall have a public airport 921 license, private airport registration, or temporary airport 922 registration before the operation of aircraft to or from the 923 airport. Application for a license or registration shall be made 924 in a form and manner prescribed by the department. 925 1.For a public airport, upon granting site approval, the 926 department shall issue a license after a final airport 927 inspection finds the airport to be in compliance with all 928 requirements for the license. The license may be subject to any 929 reasonable conditions the department deems necessary to protect 930 the public health, safety, or welfare. 931 2.For a private airport, upon granting site approval, the 932 department shall provide controlled electronic access to the 933 state aviation facility data system to permit the applicant to 934 complete the registration process. Registration shall be 935 completed upon self-certification by the registrant of 936 operational and configuration data deemed necessary by the 937 department. 938 3.For a temporary airport, the department must publish 939 notice of receipt of a completed registration application in the 940 next available publication of the Florida Administrative 941 Register and may not approve a registration application less 942 than 14 days after the date of publication of the notice. The 943 department must approve or deny a registration application 944 within 30 days after receipt of a completed application and must 945 issue the temporary airport registration concurrent with the 946 airport site approval. A completed registration application that 947 is not approved or denied within 30 days after the department 948 receives the completed application is considered approved and 949 shall be issued, subject to such reasonable conditions as are 950 authorized by law. An applicant seeking to claim registration by 951 default under this subparagraph must notify the agency clerk of 952 the department, in writing, of the intent to rely upon the 953 default registration provision of this subparagraph and may not 954 take any action based upon the default registration until after 955 receipt of such notice by the agency clerk. 956 4.A private airport of public interest must obtain a 957 certificate from the department before allowing aircraft 958 operations. The department shall issue a certificate after a 959 final inspection finds the airport to be in compliance with all 960 certificate requirements. The certificate is subject to any 961 reasonable conditions the department deems necessary to protect 962 the public. A private airport that was engaged in operations 963 associated with a private airport of public interest on or 964 before July 1, 2025, must obtain a certificate from the 965 department by July 1, 2030. 966 (b)The department may license a public airport that does 967 not meet standards only if it determines that such exception is 968 justified by unusual circumstances or is in the interest of 969 public convenience and does not endanger the public health, 970 safety, or welfare. Such a license shall bear the designation 971 special and shall state the conditions subject to which the 972 license is granted. 973 (c)A temporary airport license or registration shall be 974 valid for less than 30 days and is not renewable. The department 975 may not approve a subsequent temporary airport registration 976 application for the same general location if the purpose or 977 effect is to evade otherwise applicable airport permitting or 978 licensure requirements. 979 (d)1.Each public airport license shall expire no later 980 than 1 year after the effective date of the license, except that 981 the expiration date of a license may be adjusted to provide a 982 maximum license period of 18 months to facilitate airport 983 inspections, recognize seasonal airport operations, or improve 984 administrative efficiency. 985 2.Registration for private airports shall remain valid 986 provided specific elements of airport data, established by the 987 department, are periodically recertified by the airport 988 registrant. The ability to recertify private airport 989 registration data shall be available at all times by electronic 990 submittal. A private airport registration that has not been 991 recertified in the 24-month period following the last 992 certification shall expire, unless the registration period has 993 been adjusted by the department for purposes of informing 994 private airport owners of their registration responsibilities or 995 promoting administrative efficiency. The expiration date of the 996 current registration period will be clearly identifiable from 997 the state aviation facility data system. 998 3.The effective date and expiration date shall be shown on 999 public airport licenses. Upon receiving an application for 1000 renewal of an airport license in a form and manner prescribed by 1001 the department and receiving a favorable inspection report 1002 indicating compliance with all applicable requirements and 1003 conditions, the department shall renew the license, subject to 1004 any conditions deemed necessary to protect the public health, 1005 safety, or welfare. 1006 4.The department may require a new site approval for any 1007 airport if the license or registration has expired. 1008 5.If the renewal application for a public airport license 1009 has not been received by the department or no private airport 1010 registration recertification has been accomplished within 15 1011 days after the date of expiration, the department may revoke the 1012 airport license or registration. 1013 6.After initial registration, the department may issue a 1014 certificate to a private airport of public interest if the 1015 airport is found, after a physical inspection, to be in 1016 compliance with all certificate requirements. The certificate is 1017 subject to any reasonable condition that the department deems 1018 necessary to protect the public health, safety, or welfare. A 1019 private airport of public interest certificate expires 5 years 1020 after the effective date of the certificate. 1021 (e)The department may revoke, or refuse to allow or issue, 1022 any airport registration or recertification, or any license or 1023 license renewal, if it determines: 1024 1.That the site has been abandoned as an airport; 1025 2.That the airport does not comply with the conditions of 1026 the license, license renewal, or site approval; 1027 3.That the airport has become either unsafe or unusable 1028 for flight operation due to physical or legal changes in 1029 conditions that were the subject of approval; or 1030 4.That an airport required to file or update a security 1031 plan pursuant to paragraph (f) has failed to do so. 1032 (f)1.After initial licensure, a license of a publicly or 1033 privately owned general aviation airport that is open to the 1034 public, that has at least one runway greater than 4,999 feet in 1035 length, and that does not host scheduled passenger-carrying 1036 commercial service operations regulated under 14 C.F.R. part 139 1037 shall not be renewed or reissued unless an approved security 1038 plan has been filed with the department, except when the 1039 department determines that the airport is working in good faith 1040 toward completion and filing of the plan. 1041 2.Security plans required by this paragraph must be 1042 developed in accordance with the 2004 Security Planning for 1043 General Aviation Airports guidelines published by the Florida 1044 Airports Council. Certain administrative data from the approved 1045 security plan shall be submitted to the Department of Law 1046 Enforcement, in a format prescribed by the Department of Law 1047 Enforcement, for use in protecting critical infrastructure of 1048 the state. 1049 3.The department shall not approve a security plan for 1050 filing unless it is consistent with Florida Airports Council 1051 guidelines. 1052 4.An airport required to file a security plan pursuant to 1053 this paragraph shall update its plan at least once every 2 years 1054 after the initial filing date and file the updated plan with the 1055 department. The department shall review the updated plan prior 1056 to approving it for filing to determine whether it is consistent 1057 with Florida Airports Council guidelines. No renewal license 1058 shall be issued to the airport unless the department approves 1059 the updated security plan or determines that the airport is 1060 working in good faith to update it. 1061 (4)EXCEPTIONS.Private airports with 10 or more based 1062 aircraft may request to be inspected and licensed by the 1063 department. Private airports licensed according to this 1064 subsection shall be considered private airports as defined in s. 1065 330.27 s. 330.27(5) in all other respects. 1066 Section 14.Section 330.355, Florida Statutes, is created 1067 to read: 1068 330.355Prohibition on landing fees for certain aircraft 1069 operations.A publicly owned airport in this state may not 1070 charge a landing fee established on or after January 1, 2025, 1071 for aircraft operations conducted by an accredited nonprofit 1072 institution located in this state which offers a 4-year 1073 collegiate aviation program, if such aircraft operations are for 1074 flight training necessary for pilot certification and 1075 proficiency. 1076 Section 15.Section 331.371, Florida Statutes, is amended 1077 to read: 1078 331.371Strategic space infrastructure investment. 1079 (1)In consultation with Space Florida, the Department of 1080 Transportation may fund spaceport discretionary capacity 1081 improvement projects, as defined in s. 331.303, at up to 100 1082 percent of the projects cost if: 1083 (a)(1)Important access and on-spaceport-territory space 1084 transportation capacity improvements are provided; 1085 (b)(2)Capital improvements that strategically position the 1086 state to maximize opportunities in international trade are 1087 achieved; 1088 (c)(3)Goals of an integrated intermodal transportation 1089 system for the state are achieved; and 1090 (d)(4)Feasibility and availability of matching funds 1091 through federal, local, or private partners are demonstrated. 1092 (2)(a)In consultation with the Department of Commerce and 1093 the Department of Environmental Protection, the Department of 1094 Transportation may fund infrastructure projects, and projects 1095 associated with critical infrastructure facilities as defined in 1096 s. 692.201, within or outside of a spaceport territory as long 1097 as the project supports aerospace or launch support facilities 1098 within an adjacent spaceport territory boundary. 1099 (b)The Department of Transportation, the Department of 1100 Commerce, and the Department of Environmental Protection shall 1101 coordinate in funding projects under this subsection to optimize 1102 the use of available funds. 1103 Section 16.Section 332.003, Florida Statutes, is amended 1104 to read: 1105 332.003Florida Airport Development and Accountability 1106 Assistance Act; short title.Sections 332.003-332.007 may be 1107 cited as the Florida Airport Development and Accountability 1108 Assistance Act. 1109 Section 17.Section 332.005, Florida Statutes, is amended 1110 to read: 1111 332.005Restrictions on authority of Department of 1112 Transportation. 1113 (1)This act specifically prohibits the Department of 1114 Transportation from regulating commercial air carriers operating 1115 within the state pursuant to federal authority and regulations; 1116 from participating in or exercising control in the management 1117 and operation of a sponsors airport, except when officially 1118 requested by the sponsor; or from expanding the design or 1119 operational capability of the department in the area of airport 1120 and aviation consultants contract work, other than to provide 1121 technical assistance as requested. 1122 (2)(a)Notwithstanding subsection (1), upon the declaration 1123 of a state of emergency issued by the Governor in preparation 1124 for or in response to a natural disaster, airports shall, at no 1125 cost to the state, provide the Department of Transportation with 1126 the opportunity to use any property that is not subject to an 1127 existing lease agreement with a third party and that is not 1128 within the air navigation facility as defined in s. 332.01(4) 1129 for the staging of equipment and personnel to support emergency 1130 preparedness and response operations. 1131 (b)After 60 days of use under paragraph (a), any further 1132 use of airport property by the Department of Transportation must 1133 be conducted pursuant to a written agreement between the airport 1134 and the department. 1135 Section 18.Section 332.006, Florida Statutes, is amended 1136 to read: 1137 332.006Duties and responsibilities of the Department of 1138 Transportation.The Department of Transportation shall, within 1139 the resources provided to the department pursuant to chapter 1140 216: 1141 (1)Provide coordination and assistance for the development 1142 of a viable aviation system in this state. To support the 1143 system, a statewide aviation system plan shall be developed and 1144 periodically updated which summarizes 5-year, 10-year, and 20 1145 year airport and aviation needs within the state. The statewide 1146 aviation system plan shall be consistent with the goals of the 1147 Florida Transportation Plan developed pursuant to s. 339.155. 1148 The statewide aviation system plan shall not preempt local 1149 airport master plans adopted in compliance with federal and 1150 state requirements. 1151 (2)Advise and assist the Governor in all aviation matters. 1152 (3)Upon request, assist airport sponsors, both financially 1153 and technically, in airport master planning. 1154 (4)Upon request, provide financial and technical 1155 assistance to public agencies which operate public-use airports 1156 by making department personnel and department-owned facilities 1157 and equipment available on a cost-reimbursement basis to such 1158 agencies for special needs of limited duration. The requirement 1159 relating to reimbursement of personnel costs may be waived by 1160 the department in those cases in which the assistance provided 1161 by its personnel was of a limited nature or duration. 1162 (5)Participate in research and development programs 1163 relating to airports. 1164 (6)Administer department participation in the program of 1165 aviation and airport grants as provided for in ss. 332.003 1166 332.007. 1167 (7)Develop, promote, and distribute supporting information 1168 and educational services, including, but not limited to, 1169 educational services with a focus on retention and growth of the 1170 aviation industry workforce. 1171 (8)Encourage the maximum allocation of federal funds to 1172 local airport projects in this state. 1173 (9)Support the development of land located within the 1174 boundaries of airports for the purpose of industrial or other 1175 uses compatible with airport operations with the objective of 1176 assisting airports in this state to become fiscally self 1177 supporting. Such assistance may include providing state moneys 1178 on a matching basis to airport sponsors for capital 1179 improvements, including, but not limited to, fixed-base 1180 operation facilities, parking areas, industrial park utility 1181 systems, and road and rail transportation systems which are on 1182 airport property. 1183 Section 19.Subsection (5), paragraph (a) of subsection 1184 (7), and subsections (8) and (9) of section 332.007, Florida 1185 Statutes, are amended, and paragraph (c) is added to subsection 1186 (2) of that section, to read: 1187 332.007Administration and financing of aviation and 1188 airport programs and projects; state plan. 1189 (2) 1190 (c)Each commercial service airport as defined in s. 1191 332.0075 shall establish and maintain a comprehensive airport 1192 infrastructure program to ensure the ongoing preservation of 1193 airport infrastructure and facilities in safe and serviceable 1194 condition. For purposes of this paragraph, the term airport 1195 infrastructure means the facilities, systems, and structural 1196 components of an airport necessary for the safe and efficient 1197 movement of people and goods. Beginning November 1, 2025, and 1198 annually thereafter, each commercial service airport shall 1199 provide a certification to the department, in a manner 1200 prescribed by the department, that it has established and 1201 maintains a comprehensive airport infrastructure program. The 1202 comprehensive airport infrastructure program report, and related 1203 documents and records, must be open to inspection by the 1204 department and maintained by the airport for at least 5 years. 1205 The comprehensive airport infrastructure program must, at a 1206 minimum, include all of the following: 1207 1.Identification of airport infrastructure subject to 1208 inspection and the schedule for the completion of such 1209 inspections, taking into consideration the age, type, intended 1210 use, and criticality of the infrastructure to undisrupted 1211 commercial or cargo operations. 1212 2.A preventative maintenance program for routine 1213 maintenance of airport infrastructure, for both commercial and 1214 cargo operations. 1215 3.A plan to complete any necessary repairs to, or 1216 rehabilitation or reconstruction of, airport infrastructure, 1217 including prioritization and anticipated timeframe for 1218 completion of the work. 1219 4.A progress report of inspections and their outcomes, 1220 preventative maintenance, and previously identified repair to, 1221 or rehabilitation or reconstruction of, airport infrastructure. 1222 The progress report must include any changes in timeline for 1223 completion, changes in cost estimates, and reasons any 1224 inspection, preventative maintenance, or repair or 1225 rehabilitation did not take place. 1226 (5)Only those projects or programs provided for in this 1227 act that will contribute to the implementation of the state 1228 aviation system plan, that are consistent with the energy policy 1229 of the state as defined in s. 339.08(6)(a), that are consistent 1230 with and will contribute to the implementation of any airport 1231 master plan or layout plan, and that are consistent, to the 1232 maximum extent feasible, with the approved local government 1233 comprehensive plans of the units of government in which the 1234 airport is located are eligible for the expenditure of state 1235 funds in accordance with fund participation rates and priorities 1236 established herein. 1237 (7)Subject to the availability of appropriated funds in 1238 addition to aviation fuel tax revenues, the department may 1239 participate in the capital cost of eligible public airport and 1240 aviation discretionary capacity improvement projects. The annual 1241 legislative budget request shall be based on the funding 1242 required for discretionary capacity improvement projects in the 1243 aviation and airport work program. 1244 (a)The department shall provide priority funding in 1245 support of: 1246 1.Terminal and parking expansion projects that increase 1247 capacity at airports providing commercial service in counties 1248 with a population of 500,000 or less. 1249 2.Land acquisition which provides additional capacity at 1250 the qualifying international airport or at that airports 1251 supplemental air carrier airport. 1252 3.2.Runway and taxiway projects that add capacity or are 1253 necessary to accommodate technological changes in the aviation 1254 industry. 1255 4.3.Airport access transportation projects that improve 1256 direct airport access and are approved by the airport sponsor. 1257 5.4.International terminal projects that increase 1258 international gate capacity. 1259 6.Projects that improve safety and efficiency of airport 1260 operations. 1261 7.Emerging technology projects, workforce development 1262 projects, and projects that benefit the strategic intermodal 1263 system through intermodal connectivity. 1264 (8)The department may also fund eligible projects 1265 performed by not-for-profit organizations that represent a 1266 majority of public airports in this state and postsecondary 1267 education institutions as defined in s. 1008.47 that support the 1268 training of pilots, air traffic control personnel, or aircraft 1269 maintenance technical personnel. Eligible projects may include 1270 activities associated with aviation master planning, 1271 professional education, safety and security planning, enhancing 1272 economic development and efficiency at airports in this state, 1273 or other planning efforts to improve the viability and safety of 1274 airports in this state. Programs that support the transition of 1275 honorably discharged military personnel to the aviation industry 1276 are also eligible projects under this subsection. The department 1277 may provide matching funds for eligible projects funded by the 1278 Department of Commerce. 1279 (9)The department may fund strategic airport investment 1280 projects at up to 100 percent of the projects cost if: 1281 (a)Important access and on-airport capacity improvements 1282 are provided; 1283 (b)Capital improvements that strategically position the 1284 state to maximize opportunities in tourism, international trade, 1285 logistics, and the aviation industry are provided; 1286 (c)Goals of an integrated intermodal transportation system 1287 for the state are achieved; and 1288 (d)Feasibility and availability of matching funds through 1289 federal, local, or private partners are demonstrated. 1290 Section 20.Paragraphs (a), (b), and (d) of subsection (1), 1291 subsection (2), and paragraph (a) of subsection (5) of section 1292 332.0075, Florida Statutes, are amended, and paragraph (c) is 1293 added to subsection (5) of that section, to read: 1294 332.0075Commercial service airports; transparency and 1295 accountability; penalty. 1296 (1)As used in this section, the term: 1297 (a)Commercial service airport means an airport providing 1298 commercial service, including large, medium, small, and nonhub 1299 airports as classified a primary airport as defined in 49 U.S.C. 1300 s. 47102 which is classified as a large, medium, or small hub 1301 airport by the Federal Aviation Administration. 1302 (b)Consent agenda means an agenda which consists of 1303 items voted on collectively or as a group and which does not 1304 provide the opportunity for public comment on each such item 1305 before approval or disapproval by the governing body. 1306 (d)Governing body means the governing body of the 1307 county, municipality, or special district that operates a 1308 commercial service airport. The term also includes an appointed 1309 board or oversight entity serving as the governing body for 1310 purposes of a commercial service airport on behalf of a county, 1311 municipality, or special district. 1312 (2)Each governing body shall establish and maintain a 1313 website to post information relating to the operation of a 1314 commercial service airport. The information must remain posted 1315 on the website for 5 years or for the entirety of the period 1316 during which the document is actively in use, whichever is 1317 longer, and must include all of the following, including: 1318 (a)All published notices of meetings and published meeting 1319 agendas of the governing body. 1320 (b)The official minutes of each meeting of the governing 1321 body, which must shall be posted within 7 business days after 1322 the date of the meeting in which the minutes were approved. 1323 (c)The approved budget for the commercial service airport 1324 for the current fiscal year, which shall be posted within 7 1325 business days after the date of adoption. Budgets must remain on 1326 the website for 5 2 years after the conclusion of the fiscal 1327 year for which they were adopted. 1328 (d)Copies of the current airport master plan and the 1329 immediately preceding airport master plan for the commercial 1330 service airport and a link to the current airport master plan 1331 for the commercial service airport on the commercial service 1332 airports website. 1333 (e)A link to all financial and statistical reports for the 1334 commercial service airport on the Federal Aviation 1335 Administrations website. 1336 (f)Any contract or contract amendment for the purchase of 1337 commodities or contractual services executed by or on behalf of 1338 the commercial service airport in excess of the threshold amount 1339 provided in s. 287.017 for CATEGORY FIVE, which must shall be 1340 posted no later than 7 business days after the commercial 1341 service airport executes the contract or contract amendment. 1342 However, a contract or contract amendment may not reveal 1343 information made confidential or exempt by law. Each commercial 1344 service airport must redact confidential or exempt information 1345 from each contract or contract amendment before posting a copy 1346 on its website. 1347 (g)Position and rate information for each employee of the 1348 commercial service airport, including, at a minimum, the 1349 employees position title, position description, and annual or 1350 hourly salary. This information must shall be updated quarterly 1351 annually. 1352 (5)(a)Each November 1, the governing body of each 1353 commercial service airport shall submit the following 1354 information to the department: 1355 1.Its approved budget for the current fiscal year. 1356 2.Any financial reports submitted to the Federal Aviation 1357 Administration during the previous calendar year. 1358 3.A link to its website. 1359 4.A statement, verified as provided in s. 92.525, that it 1360 has complied with part III of chapter 112, chapter 287, and this 1361 section. 1362 5.The most recent copies of its strategic plans. 1363 6.Contracts related to any financial awards received 1364 through federally funded grant programs for the preceding year. 1365 (c)A commercial service airport shall: 1366 1.Notify the department within 48 hours after receiving a 1367 communication or directive from a federal agency relating to 1368 public health testing or the transfer of unauthorized aliens 1369 into this state. 1370 2.Notify the department as soon as is reasonably possible, 1371 but no later than 48 hours, after the discovery of a potential 1372 cybersecurity breach or other occurrence impacting the traveling 1373 public, a disruption in state aviation operations directly 1374 impacting multiple airports within this state, or an incident 1375 occurring on airport property which requires coordination with 1376 multiple local, state, or federal agencies. 1377 Section 21.Section 332.15, Florida Statutes, is created to 1378 read: 1379 332.15Advanced air mobility.The Department of 1380 Transportation shall: 1381 (1)Address the need for vertiports, advanced air mobility, 1382 and other advances in aviation technology in the statewide 1383 aviation system plan required under s. 332.006(1) and, as 1384 appropriate, in the departments work program. 1385 (2)Designate a subject matter expert on advanced air 1386 mobility within the department to serve as a resource for local 1387 jurisdictions navigating advances in aviation technology. 1388 (3)Conduct a review of airport hazard zone regulations. 1389 (4)In coordination with the Department of Commerce, 1390 provide coordination and assistance for the development of a 1391 viable advanced air mobility system plan in this state. The 1392 department shall incorporate the plan into the statewide 1393 aviation system plan required under s. 332.006(1) to identify 1394 and develop statewide corridors of need and opportunities for 1395 industry growth. 1396 Section 22.Subsections (5) and (26) of section 334.044, 1397 Florida Statutes, are amended, and subsections (37), (38), and 1398 (39) are added to that section, to read: 1399 334.044Powers and duties of the department.The department 1400 shall have the following general powers and duties: 1401 (5)To purchase, lease, or otherwise acquire property and 1402 materials, including the purchase of promotional items as part 1403 of public information and education campaigns for the promotion 1404 of environmental management, scenic highways, traffic and train 1405 safety awareness, alternatives to single-occupant vehicle 1406 travel, commercial motor vehicle safety, workforce development, 1407 electric vehicle use and charging stations, autonomous vehicles, 1408 and context classification design for electric vehicles and 1409 autonomous vehicles; to purchase, lease, or otherwise acquire 1410 equipment and supplies; and to sell, exchange, or otherwise 1411 dispose of any property that is no longer needed by the 1412 department. 1413 (26)To provide for the enhancement of environmental 1414 benefits, including air and water quality; to prevent roadside 1415 erosion; to conserve the natural roadside growth and scenery; 1416 and to provide for the implementation and maintenance of 1417 roadside conservation, enhancement, and stabilization programs. 1418 (a)On an annual basis, an amount equal to at least 1.5 1419 percent of the total amount contracted for the average of the 1420 previous 3 completed fiscal years of construction projects shall 1421 be allocated by the department on a statewide basis for the 1422 purchase of plant materials to enhance State Highway System 1423 rights-of-way and arterial facilities. Such funds must be 1424 allocated on a statewide basis. Department districts may not 1425 expend funds for landscaping in connection with any project that 1426 is limited to resurfacing existing lanes unless the expenditure 1427 has been approved by the departments secretary or the 1428 secretarys designee. 1429 (b)To the greatest extent practical, at least 50 percent 1430 of the funds allocated under paragraph (a) this subsection shall 1431 be allocated for large plant materials and the remaining funds 1432 for other plant materials. 1433 (c)Except as prohibited by applicable federal law or 1434 regulation, all plant materials shall be purchased from Florida 1435 commercial nursery stock in this state on a uniform competitive 1436 bid basis. The department shall develop grades and standards for 1437 landscaping materials purchased through this process, which must 1438 include standards for landscaping materials native to specific 1439 regions of this state which are reflective of this states 1440 heritage and natural landscapes. To accomplish these activities, 1441 the department may contract with nonprofit organizations having 1442 the primary purpose of developing youth employment 1443 opportunities. 1444 (37)Notwithstanding s. 287.022 or s. 287.025, to directly 1445 enter into insurance contracts with local, national, or 1446 international insurance companies for the purchase of insurance 1447 coverage that the department is contractually and legally 1448 required to provide. 1449 (38)Notwithstanding s. 287.14, to purchase or acquire 1450 heavy equipment and motor vehicles for roadway operations and 1451 emergency response purposes regardless of whether the department 1452 exchanges or ceases to operate any department-owned heavy 1453 equipment or motor vehicles. 1454 (39)To adopt rules for the purpose of compliance with 49 1455 C.F.R. part 26 and any other applicable federal law. 1456 Section 23.Subsection (1) of section 334.045, Florida 1457 Statutes, is amended to read: 1458 334.045Transportation performance and productivity 1459 standards; development; measurement; application. 1460 (1)The Florida Transportation Commission shall develop and 1461 adopt measures for evaluating the performance and productivity 1462 of the department. The measures may be both quantitative and 1463 qualitative and must, to the maximum extent practical, assess 1464 those factors that are within the departments control. The 1465 measures must, at a minimum, assess performance in the following 1466 areas: 1467 (a)Production; 1468 (b)Finance and administration; 1469 (c)Preservation of the current state system; 1470 (d)Safety of the current state system; 1471 (e)Capacity improvements: highways and all public 1472 transportation modes; and 1473 (f)The business development program established under s. 1474 337.027 Disadvantaged business enterprise and minority business 1475 programs. 1476 Section 24.Section 334.615, Florida Statutes, is created 1477 to read: 1478 334.615Parking authority operations; interlocal 1479 agreements.A parking authority created by special act may 1480 operate, manage, and control parking facilities in contiguous 1481 counties, municipalities, or other local governmental entities 1482 upon entering into interlocal agreements with the governing 1483 bodies of the appropriate contiguous counties, municipalities, 1484 or local governmental entities. 1485 Section 25.Section 334.62, Florida Statutes, is created to 1486 read: 1487 334.62Florida Transportation Academy.The Legislature 1488 finds that the growth and sustainability of the transportation 1489 industry workforce is vital to the continued success and 1490 efficiency of the states supply chain and economic 1491 competitiveness. In order to prioritize the continued need for 1492 transportation industry workforce development programs, the 1493 Florida Transportation Academy is established within the 1494 department. In order to support, promote, and sustain workforce 1495 development efforts in the transportation sector, the department 1496 may do all of the following: 1497 (1)Coordinate with the Department of Corrections to 1498 identify and create certification and training opportunities for 1499 nonviolent, scheduled-release inmates and create a notification 1500 process between the Department of Corrections and the department 1501 for nonviolent inmates with imminent scheduled-release dates who 1502 are expected to seek employment upon release. 1503 (2)Coordinate with the Department of Juvenile Justice and 1504 its educational partners to create certification and training 1505 opportunities for eligible youth. 1506 (3)Coordinate with veterans organizations to encourage 1507 veterans with honorable military discharge to pursue employment 1508 opportunities within the transportation industry, including, but 1509 not limited to, employment as pilots, mechanics, and air traffic 1510 controllers. 1511 (4)Coordinate with the Department of Commerce, 1512 CareerSource Florida, Inc., and regional business organizations, 1513 within and outside of the transportation industry, to further 1514 understand recruitment and retention needs and job-seeker 1515 pipelines. 1516 (5)Coordinate with the American Council of Engineering 1517 Companies and the Florida Transportation Builders Association to 1518 optimize workforce recruitment and retention and assess future 1519 needs across the transportation industry in this state. 1520 Section 26.Present paragraph (b) of subsection (3) of 1521 section 335.182, Florida Statutes, is redesignated as paragraph 1522 (c) and amended, and a new paragraph (b) is added to that 1523 subsection, to read: 1524 335.182Regulation of connections to roads on State Highway 1525 System; definitions. 1526 (3)As used in this act, the term: 1527 (b)Modification of an existing connection means the 1528 relocation, alteration, or closure of the connection. 1529 (c)(b)Significant change means: 1530 1.A change in the use of the property, including the 1531 development of land, structures, or facilities;, or 1532 2.An expansion of the size of the property, structures, or 1533 facilities causing an increase in the trip generation of the 1534 property exceeding 25 percent more trip generation, (either peak 1535 hour or daily,) and exceeding 100 vehicles per day more than the 1536 existing use. 1537 Section 27.Subsections (3) and (4) of section 335.187, 1538 Florida Statutes, are amended to read: 1539 335.187Unpermitted connections; existing access permits; 1540 nonconforming permits; modification and revocation of permits. 1541 (3)The department may issue a nonconforming access permit 1542 if denying after finding that to deny an access permit would 1543 leave the property without a reasonable means of access to the 1544 State Highway System. The department may specify limits on the 1545 maximum vehicular use of the connection and may condition be 1546 conditioned on the availability of future alternative means of 1547 access for which access permits can be obtained. 1548 (4)After written notice and the opportunity for a hearing, 1549 as provided for in s. 120.60, the department may modify or 1550 revoke an access permit issued after July 1, 1988, by requiring 1551 modification Relocation, alteration, or closure of an existing 1552 connection if: 1553 (a)A significant change occurs in the use, design, or 1554 traffic flow of the connection; or 1555 (b)It would jeopardize the safety of the public or have a 1556 negative impact upon the operational characteristics of the 1557 highway. 1558 Section 28.Section 337.027, Florida Statutes, is amended 1559 to read: 1560 337.027Authority to implement a business development 1561 program. 1562 (1)The department may establish a program for highway 1563 projects which would assist small businesses. The purpose of 1564 this program is to increase competition, lower prices, and 1565 provide increased support to meet the departments future work 1566 program. The program may include, but is not limited to, setting 1567 aside contracts, providing preference points for the use of 1568 small businesses, providing special assistance in bidding and 1569 contract completion, waiving bond requirements, and implementing 1570 other strategies that would increase competition. 1571 (2)For purposes of this section, the term small business 1572 means a business with yearly average gross receipts of less than 1573 $25 $15 million for road and bridge contracts and less than $10 1574 $6.5 million for professional and nonprofessional services 1575 contracts. A business average gross receipts is determined by 1576 averaging its annual gross receipts over the last 3 years, 1577 including the receipts of any affiliate as defined in s. 1578 337.165. 1579 (3)The department may provide notice of opportunities for 1580 businesses qualified for this program. 1581 (4)The department may adopt rules to implement this 1582 section. 1583 Section 29.Subsection (6) of section 337.11, Florida 1584 Statutes, is amended to read: 1585 337.11Contracting authority of department; bids; emergency 1586 repairs, supplemental agreements, and change orders; combined 1587 design and construction contracts; progress payments; records; 1588 requirements of vehicle registration. 1589 (6)(a)If the secretary determines that an emergency in 1590 regard to the restoration or repair of any state transportation 1591 facility exists such that the delay incident to giving 1592 opportunity for competitive bidding would be detrimental to the 1593 interests of the state, the provisions for competitive bidding 1594 do not apply; and the department may enter into contracts for 1595 restoration or repair without giving opportunity for competitive 1596 bidding on such contracts. Within 30 days after such 1597 determination and contract execution, the head of the department 1598 shall file with the Executive Office of the Governor a written 1599 statement of the conditions and circumstances constituting such 1600 emergency. 1601 (b)If the secretary determines that delays on a contract 1602 for maintenance exist due to administrative challenges, bid 1603 protests, defaults or terminations and the further delay would 1604 reduce safety on the transportation facility or seriously hinder 1605 the departments ability to preserve the states investment in 1606 that facility, competitive bidding provisions may be waived and 1607 the department may enter into a contract for maintenance on the 1608 facility. However, contracts for maintenance executed under the 1609 provisions of this paragraph shall be interim in nature and 1610 shall be limited in duration to a period of time not to exceed 1611 the length of the delay necessary to complete the competitive 1612 bidding process and have the contract in place. 1613 (c)When the department determines that it is in the best 1614 interest of the public for reasons of public concern, economy, 1615 improved operations, or safety, and only when circumstances 1616 dictate rapid completion of the work, the department may, up to 1617 the amount of $500,000, enter into contracts for construction 1618 and maintenance without advertising and receiving competitive 1619 bids. The department may enter into such contracts only upon a 1620 determination that the work is necessary for one of the 1621 following reasons: 1622 1.To ensure timely completion of projects or avoidance of 1623 undue delay for other projects; 1624 2.To accomplish minor repairs or construction and 1625 maintenance activities for which time is of the essence and for 1626 which significant cost savings would occur; or 1627 3.To accomplish nonemergency work necessary to ensure 1628 avoidance of adverse conditions that affect the safe and 1629 efficient flow of traffic. 1630 1631 The department shall make a good faith effort to obtain two or 1632 more quotes, if available, from qualified contractors before 1633 entering into any contract. The department shall give 1634 consideration to small disadvantaged business enterprise 1635 participation. However, when the work exists within the limits 1636 of an existing contract, the department shall make a good faith 1637 effort to negotiate and enter into a contract with the prime 1638 contractor on the existing contract. 1639 Section 30.Section 337.125, Florida Statutes, is repealed. 1640 Section 31.Section 337.135, Florida Statutes, is repealed. 1641 Section 32.Section 337.139, Florida Statutes, is repealed. 1642 Section 33.Paragraph (a) of subsection (1) of section 1643 337.18, Florida Statutes, is amended to read: 1644 337.18Surety bonds for construction or maintenance 1645 contracts; requirement with respect to contract award; bond 1646 requirements; defaults; damage assessments. 1647 (1)(a)A surety bond shall be required of the successful 1648 bidder in an amount equal to the awarded contract price. 1649 However, the department may choose, in its discretion and 1650 applicable only to multiyear maintenance contracts, to allow for 1651 incremental annual contract bonds that cumulatively total the 1652 full, awarded, multiyear contract price;. The department may 1653 also choose, in its discretion and applicable only to phased 1654 design-build contracts under s. 337.11(7)(b), to allow the 1655 issuance of multiple contract performance and payment bonds in 1656 succession to align with each phase of the contract to meet the 1657 bonding requirement in this subsection; and, at the discretion 1658 of the Secretary of Transportation and notwithstanding any 1659 bonding requirement under s. 337.18, to require a surety bond in 1660 an amount that is less than the awarded contract price. 1661 1.The department may waive the requirement for all or a 1662 portion of a surety bond if: 1663 a.The contract price is $250,000 or less and the 1664 department determines that the project is of a noncritical 1665 nature and that nonperformance will not endanger public health, 1666 safety, or property; 1667 b.The prime contractor is a qualified nonprofit agency for 1668 the blind or for the other severely handicapped under s. 1669 413.036(2); or 1670 c.The prime contractor is using a subcontractor that is a 1671 qualified nonprofit agency for the blind or for the other 1672 severely handicapped under s. 413.036(2). However, the 1673 department may not waive more than the amount of the 1674 subcontract. 1675 2.If the department determines that it is in the best 1676 interests of the department to reduce the bonding requirement 1677 for a project and that to do so will not endanger public health, 1678 safety, or property, the department may waive the requirement of 1679 a surety bond in an amount equal to the awarded contract price 1680 for a project having a contract price of $250 million or more 1681 and, in its place, may set a surety bond amount that is a 1682 portion of the total contract price and provide an alternate 1683 means of security for the balance of the contract amount that is 1684 not covered by the surety bond or provide for incremental surety 1685 bonding and provide an alternate means of security for the 1686 balance of the contract amount that is not covered by the surety 1687 bond. Such alternative means of security may include letters of 1688 credit, United States bonds and notes, parent company 1689 guarantees, and cash collateral. The department may require 1690 alternate means of security if a surety bond is waived. The 1691 surety on such bond shall be a surety company authorized to do 1692 business in the state. All bonds shall be payable to the 1693 department and conditioned for the prompt, faithful, and 1694 efficient performance of the contract according to plans and 1695 specifications and within the time period specified, and for the 1696 prompt payment of all persons defined in s. 713.01 furnishing 1697 labor, material, equipment, and supplies for work provided in 1698 the contract; however, whenever an improvement, demolition, or 1699 removal contract price is $25,000 or less, the security may, in 1700 the discretion of the bidder, be in the form of a cashiers 1701 check, bank money order of any state or national bank, certified 1702 check, or postal money order. The department shall adopt rules 1703 to implement this subsection. Such rules shall include 1704 provisions under which the department shall refuse to accept 1705 bonds on contracts when a surety wrongfully fails or refuses to 1706 settle or provide a defense for claims or actions arising under 1707 a contract for which the surety previously furnished a bond. 1708 Section 34.Subsection (3) of section 337.251, Florida 1709 Statutes, is amended to read: 1710 337.251Lease of property for joint public-private 1711 development and areas above or below department property. 1712 (3)A proposal must be selected by the department based on 1713 competitive bidding, except that the department may consider 1714 other relevant factors specified in the request for proposals. 1715 The department may consider such factors as the value of 1716 property exchanges, the cost of construction, and other 1717 recurring costs for the benefit of the department by the lessee 1718 in lieu of direct revenue to the department if such other 1719 factors are of equal value including innovative proposals to 1720 involve small minority businesses. The department may name a 1721 board of advisers which may be composed of accountants, real 1722 estate appraisers, design engineers, or other experts 1723 experienced in the type of development proposed. The board of 1724 advisers shall review the feasibility of the proposals, 1725 recommend acceptance or rejection of each proposal, and rank 1726 each feasible proposal in the order of technical feasibility and 1727 benefit provided to the department. The board of advisers shall 1728 be reasonably compensated for the services provided and all 1729 department costs for evaluating the proposals shall be 1730 reimbursed from a proposal application fee to be set by the 1731 department and paid by the applicants. The board of advisers 1732 shall not be subject to selection under the provisions of 1733 chapter 287. 1734 Section 35.Section (2) of section 337.401, Florida 1735 Statutes, is amended to read: 1736 337.401Use of right-of-way for utilities subject to 1737 regulation; permit; fees. 1738 (2)(a)The authority may grant to any person who is a 1739 resident of this state, or to any corporation which is organized 1740 under the laws of this state or licensed to do business within 1741 this state, the use of a right-of-way for the utility in 1742 accordance with such rules or regulations as the authority may 1743 adopt. A utility may not be installed, located, or relocated 1744 unless authorized by a written permit issued by the authority. 1745 However, for public roads or publicly owned rail corridors under 1746 the jurisdiction of the department, a utility relocation 1747 schedule and relocation agreement may be executed in lieu of a 1748 written permit. The permit must require the permitholder to be 1749 responsible for any damage resulting from the issuance of such 1750 permit. The authority may initiate injunctive proceedings as 1751 provided in s. 120.69 to enforce provisions of this subsection 1752 or any rule or order issued or entered into pursuant thereto. A 1753 permit application required under this subsection by a county or 1754 municipality having jurisdiction and control of the right-of-way 1755 of any public road must be processed and acted upon in 1756 accordance with the timeframes provided in subparagraphs 1757 (7)(d)7., 8., and 9. 1758 (b)Notwithstanding paragraph (a), a municipality may not 1759 prohibit, or require a permit for, the installation of a public 1760 sewer transmission line placed and maintained within and under 1761 publicly dedicated rights-of-way as part of a septic-to-sewer 1762 conversion where the work is being performed under permits 1763 issued by the Department of Transportation pursuant to this 1764 chapter and the Department of Environmental Protection, or its 1765 delegate, pursuant to chapter 403. 1766 Section 36.Subsection (4) of section 337.406, Florida 1767 Statutes, is amended to read: 1768 337.406Unlawful use of state transportation facility 1769 right-of-way; penalties. 1770 (4)(a)Camping is prohibited on any portion of the right 1771 of-way of the State Highway System that is within 100 feet of a 1772 bridge, causeway, overpass, or ramp. 1773 (b)This subsection does not apply to a person who has 1774 acquired the appropriate permits and is actively navigating the 1775 federally designated Florida National Scenic Trail recognized by 1776 the state in s. 260.012(6). 1777 Section 37.Subsection (4) of section 338.227, Florida 1778 Statutes, is amended to read: 1779 338.227Turnpike revenue bonds. 1780 (4)The Department of Transportation and the Department of 1781 Management Services shall create and implement an outreach 1782 program designed to enhance the participation of small minority 1783 persons and minority business enterprises in all contracts 1784 entered into by their respective departments for services 1785 related to the financing of department projects for the 1786 Strategic Intermodal System Plan developed pursuant to s. 1787 339.64. These services shall include, but are not limited to, 1788 bond counsel and bond underwriters. 1789 Section 38.Subsection (6) is added to section 339.08, 1790 Florida Statutes, to read: 1791 339.08Use of moneys in State Transportation Trust Fund. 1792 (6)(a)As used in this subsection, the term energy policy 1793 of the state means the energy policy described in s. 377.601 1794 and includes any intended or actual measure, obligation, target, 1795 or timeframe related to a reduction in carbon dioxide emissions. 1796 (b)The department may not expend any state funds as 1797 described in s. 215.31 to support a project or program of any of 1798 the following entities if such entities adopt or promote energy 1799 policy goals inconsistent with the energy policy of the state: 1800 1.A public transit provider as defined in s. 341.031(1). 1801 2.An authority created pursuant to chapter 343, chapter 1802 348, or chapter 349. 1803 3.A public-use airport as defined in s. 332.004. 1804 4.A port listed in s. 311.09(1). 1805 Section 39.Section 339.0805, Florida Statutes, is 1806 repealed. 1807 Section 40.Paragraph (a) of subsection (4) of section 1808 339.135, Florida Statutes, is amended to read: 1809 339.135Work program; legislative budget request; 1810 definitions; preparation, adoption, execution, and amendment. 1811 (4)FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM. 1812 (a)1.To assure that no district or county is penalized for 1813 local efforts to improve the State Highway System, the 1814 department shall, for the purpose of developing a tentative work 1815 program, allocate funds for new construction to the districts, 1816 except for the turnpike enterprise, based on equal parts of 1817 population and motor fuel tax collections. Funds for 1818 resurfacing, bridge repair and rehabilitation, bridge fender 1819 system construction or repair, public transit projects except 1820 public transit block grants as provided in s. 341.052 and rural 1821 transit operating block grants as provided in s. 341.0525, and 1822 other programs with quantitative needs assessments shall be 1823 allocated based on the results of these assessments. The 1824 department may not transfer any funds allocated to a district 1825 under this paragraph to any other district except as provided in 1826 subsection (7). Funds for public transit block grants shall be 1827 allocated to the districts pursuant to s. 341.052. Funds for 1828 rural transit operating block grants shall be allocated to the 1829 districts pursuant to s. 341.0525. Funds for the intercity bus 1830 program provided for under s. 5311(f) of the federal 1831 nonurbanized area formula program shall be administered and 1832 allocated directly to eligible bus carriers as defined in s. 1833 341.031(12) at the state level rather than the district. In 1834 order to provide state funding to support the intercity bus 1835 program provided for under provisions of the federal 5311(f) 1836 program, the department shall allocate an amount equal to the 1837 federal share of the 5311(f) program from amounts calculated 1838 pursuant to s. 206.46(3). 1839 2.Notwithstanding the provisions of subparagraph 1., the 1840 department shall allocate at least 50 percent of any new 1841 discretionary highway capacity funds to the Florida Strategic 1842 Intermodal System created pursuant to s. 339.61. Any remaining 1843 new discretionary highway capacity funds shall be allocated to 1844 the districts for new construction as provided in subparagraph 1845 1. For the purposes of this subparagraph, the term new 1846 discretionary highway capacity funds means any funds available 1847 to the department above the prior year funding level for 1848 capacity improvements, which the department has the discretion 1849 to allocate to highway projects. 1850 Section 41.Paragraph (b) of subsection (3) and paragraph 1851 (c) of subsection (4) of section 339.2821, Florida Statutes, are 1852 amended to read: 1853 339.2821Economic development transportation projects. 1854 (3) 1855 (b)The department must ensure that it is supportive of 1856 small businesses as defined in s. 337.027(2) small and minority 1857 businesses have equal access to participate in transportation 1858 projects funded pursuant to this section. 1859 (4)A contract between the department and a governmental 1860 body for a transportation project must: 1861 (c)Require that the governmental body provide the 1862 department with progress reports. Each progress report must 1863 contain: 1864 1.A narrative description of the work completed and 1865 whether the work is proceeding according to the transportation 1866 project schedule; 1867 2.A description of each change order executed by the 1868 governmental body; 1869 3.A budget summary detailing planned expenditures compared 1870 to actual expenditures; and 1871 4.The identity of each small or minority business used as 1872 a contractor or subcontractor. 1873 Section 42.Section 339.287, Florida Statutes, is repealed. 1874 Section 43.Paragraph (a) of subsection (5) of section 1875 339.63, Florida Statutes, is amended to read: 1876 339.63System facilities designated; additions and 1877 deletions. 1878 (5)(a)The Secretary of Transportation shall designate a 1879 planned facility as part of the Strategic Intermodal System upon 1880 request of the facility if it meets the criteria and thresholds 1881 established by the department pursuant to subsection (4), is 1882 meets the definition of an intermodal logistics center as 1883 defined in s. 311.101(2), and has been designated in a local 1884 comprehensive plan or local government development order as an 1885 intermodal logistics center or an equivalent planning term. For 1886 the purpose of this section, the term intermodal logistics 1887 center means a facility or group of facilities, including, but 1888 not limited to, an inland port, serving as a point of intermodal 1889 transfer of freight in a specific area physically separated from 1890 a seaport whose activities relating to transport, logistics, 1891 goods distribution, consolidation, or value-added activities are 1892 carried out and whose activities and services are designed to 1893 support or be supported by one or more seaports, as provided in 1894 s. 311.09, or an airport whose activities and services are 1895 designed to support the transport, logistics, goods 1896 distribution, consolidation, or value-added activities related 1897 to airborne cargo. 1898 Section 44.Subsections (3) and (7) of section 339.651, 1899 Florida Statutes, are amended to read: 1900 339.651Strategic Intermodal System supply chain demands. 1901 (3)The department may shall make up to $20 million 1902 available each year for fiscal years 2023-2024 through 2027 1903 2028, from the existing work program revenues, to fund projects 1904 that meet the public purpose of providing increased capacity and 1905 enhanced capabilities to move and store construction aggregate. 1906 Applicants eligible for project funding under this section are 1907 seaports listed in s. 311.09 and rail lines and rail facilities. 1908 (7)This section shall stand repealed on July 1, 2028. 1909 Section 45.Paragraph (b) of subsection (6) of section 1910 341.051, Florida Statutes, is amended to read: 1911 341.051Administration and financing of public transit and 1912 intercity bus service programs and projects. 1913 (6)ANNUAL APPROPRIATION. 1914 (b)If funds are allocated to projects that qualify for the 1915 New Starts Transit Program in the current fiscal year and a 1916 project will not be ready for production by June 30, those funds 1917 must The remaining unallocated New Starts Transit Program funds 1918 as of June 30, 2024, shall be reallocated for the purpose of the 1919 Strategic Intermodal System within the State Transportation 1920 Trust Fund for the next fiscal year. This paragraph expires June 1921 30, 2026. 1922 1923 For purposes of this section, the term net operating costs 1924 means all operating costs of a project less any federal funds, 1925 fares, or other sources of income to the project. 1926 Section 46.Subsections (1) and (6) of section 341.052, 1927 Florida Statutes, are amended to read: 1928 341.052Public transit block grant program; administration; 1929 eligible projects; limitation. 1930 (1)There is created a public transit block grant program 1931 which shall be administered by the department. Block grant funds 1932 shall only be provided to Section 9 providers and Section 18 1933 providers designated by the United States Department of 1934 Transportation pursuant to 49 U.S.C. s. 5307 and community 1935 transportation coordinators as defined in chapter 427. Eligible 1936 providers must establish public transportation development plans 1937 consistent, to the maximum extent feasible, with approved local 1938 government comprehensive plans of the units of local government 1939 in which the provider is located and the long-range 1940 transportation plans of the metropolitan planning organization 1941 in which the provider is located. In developing public 1942 transportation development plans, eligible providers must 1943 solicit comments from local workforce development boards 1944 established under chapter 445. The development plans must 1945 address how the public transit provider will work with the 1946 appropriate local workforce development board to provide 1947 services to participants in the welfare transition program. 1948 Eligible providers must provide information to the local 1949 workforce development board serving the county in which the 1950 provider is located regarding the availability of transportation 1951 services to assist program participants. 1952 (6)The department shall distribute 85 percent of the 1953 public transit block grant funds to Section 9 and Section 18 1954 providers designated by the United States Department of 1955 Transportation pursuant to 49 U.S.C. s. 5307. The funds shall be 1956 distributed to such Section 9 providers, and to Section 18 1957 providers that are not designated as community transportation 1958 coordinators pursuant to chapter 427, according to the following 1959 formula, except that at least $20,000 shall be distributed to 1960 each eligible provider if application of the formula provides 1961 less than that amount for any such provider: 1962 (a)One-third shall be distributed according to the 1963 percentage that an eligible providers county population in the 1964 most recent year for which those population figures are 1965 available from the state census repository is of the total 1966 population of all counties served by eligible providers. 1967 (b)One-third shall be distributed according to the 1968 percentage that the total revenue miles provided by an eligible 1969 provider, as verified by the most recent National Transit 1970 Database Section 15 report to the Federal Transit 1971 Administration or a similar audited report submitted to the 1972 department, is of the total revenue miles provided by eligible 1973 providers in the state in that year. 1974 (c)One-third shall be distributed according to the 1975 percentage that the total passengers carried by an eligible 1976 provider, as verified by the most recent National Transit 1977 Database Section 15 report submitted to the Federal Transit 1978 Administration or a similar audited report submitted to the 1979 department, is of the total number of passengers carried by 1980 eligible providers in the state in that year. 1981 Section 47.Section 341.0525, Florida Statutes, is created 1982 to read: 1983 341.0525Rural transit operating block grant program; 1984 administration; eligible projects. 1985 (1)There is created a rural transit operating block grant 1986 program that shall be administered by the department. Rural 1987 transit block grant funds are available only to public transit 1988 providers not eligible to receive public transit block grants 1989 pursuant to s. 341.052. 1990 (2)At least $3 million must be allocated annually from the 1991 State Transportation Trust Fund for the program. At least 1992 $20,000 must be distributed to each eligible provider if 1993 application of the following formula provides less than that 1994 amount for any such provider: 1995 (a)One-third must be distributed according to the 1996 percentage that an eligible providers non-urbanized county 1997 population in the most recent year official population estimate 1998 pursuant to s. 186.901 is of the total population of all 1999 counties served by eligible providers. 2000 (b)One-third must be distributed according to the 2001 percentage that the total non-urbanized revenue miles provided 2002 by an 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 rural revenue miles provided by 2005 eligible providers in the state in that year. 2006 (c)One-third must be distributed according to the 2007 percentage that the total non-urbanized passengers carried by an 2008 eligible provider, as verified by the most recent National 2009 Transit Database report or a similar audited report submitted to 2010 the department, is of the total number of passengers carried by 2011 eligible providers in the state in that year. 2012 (3)Grant funds must be used to pay public transit 2013 operating costs. State participation in such costs may not 2014 exceed 50 percent of such costs or an amount equal to the total 2015 revenue, excluding farebox, charter, and advertising revenue and 2016 federal funds, received by the provider for operating costs, 2017 whichever amount is less. 2018 (4)(a)An eligible public transit provider may not use 2019 block grant funds to supplant local tax revenues made available 2020 to such provider for operations in the previous year; however, 2021 the Secretary of Transportation may waive this provision for 2022 public transit providers located in a county recovering from a 2023 state of emergency declared pursuant to part I of chapter 252. 2024 (b)The state may not give any county more than 39 percent 2025 of the funds available for distribution under this section or 2026 more than the amount that local revenue sources provide to that 2027 county for its transit system. 2028 (5)To remain eligible to receive funding under the 2029 program, eligible public transit providers must comply with s. 2030 341.071(1) and (2). 2031 (6)(a)Any funds distributed to an eligible provider 2032 pursuant to subsection (2) which cannot be expended within the 2033 limitations of the program must be returned to the department 2034 for redistribution to other eligible providers. 2035 (b)The department may consult with an eligible provider, 2036 before distributing funds to that provider, to determine whether 2037 the provider can expend its total block grant within the 2038 limitations of the program. If the department and the provider 2039 agree that the total block grant amount cannot be expended, the 2040 provider may agree to accept a block grant amount of less than 2041 the total amount, in which case the funds that exceed such 2042 lesser agreed-upon amount must be redistributed to other 2043 eligible providers. 2044 (c)If an audit reveals that an eligible provider expended 2045 block grant funds on unauthorized uses, the provider must repay 2046 to the department an amount equal to the funds expended for 2047 unauthorized uses. The department shall redistribute such 2048 repayments to other eligible providers. 2049 Section 48.Subsection (5) of section 348.754, Florida 2050 Statutes, is amended to read: 2051 348.754Purposes and powers. 2052 (5)The authority shall encourage the inclusion of local 2053 and small local-, small-, minority-, and women-owned businesses 2054 in its procurement and contracting opportunities. 2055 Section 49.Subsection (2) of section 349.03, Florida 2056 Statutes, is amended to read: 2057 349.03Jacksonville Transportation Authority. 2058 (2)The governing body of the authority shall be composed 2059 consist of seven members. Four Three members shall be appointed 2060 by the Governor and confirmed by the Senate. Of the four members 2061 appointed by the Governor, one must be a resident of Duval 2062 County and three must be residents of Clay County, St. Johns 2063 County, or Nassau County. Three members shall be appointed by 2064 the mayor of the City of Jacksonville subject to confirmation by 2065 the council of the City of Jacksonville. The seventh member 2066 shall be the district secretary of the Department of 2067 Transportation serving in the district that contains the City of 2068 Jacksonville. Except for the seventh member, Members appointed 2069 by the mayor of the City of Jacksonville must shall be residents 2070 and qualified electors of Duval County. 2071 Section 50.Paragraphs (j) and (m) of subsection (2) of 2072 section 110.205, Florida Statutes, are amended to read: 2073 110.205Career service; exemptions. 2074 (2)EXEMPT POSITIONS.The exempt positions that are not 2075 covered by this part include the following: 2076 (j)The appointed secretaries and the State Surgeon 2077 General, assistant secretaries, deputy secretaries, and deputy 2078 assistant secretaries of all departments; the executive 2079 directors, assistant executive directors, deputy executive 2080 directors, and deputy assistant executive directors of all 2081 departments; the directors of all divisions and those positions 2082 determined by the department to have managerial responsibilities 2083 comparable to such positions, which positions include, but are 2084 not limited to, program directors, assistant program directors, 2085 district administrators, deputy district administrators, the 2086 Director of Central Operations Services of the Department of 2087 Children and Families, the State Transportation Development 2088 Administrator, the State Public Transportation and Modal 2089 Administrator, district secretaries, district directors of 2090 transportation development, transportation operations, 2091 transportation support, and the managers of the offices of the 2092 Department of Transportation specified in s. 20.23(4)(b) s. 2093 20.23(3)(b). Unless otherwise fixed by law, the department shall 2094 set the salary and benefits of these positions and the positions 2095 of county health department directors and county health 2096 department administrators of the Department of Health in 2097 accordance with the rules of the Senior Management Service. 2098 (m)All assistant division director, deputy division 2099 director, and bureau chief positions in any department, and 2100 those positions determined by the department to have managerial 2101 responsibilities comparable to such positions, which include, 2102 but are not limited to: 2103 1.Positions in the Department of Health and the Department 2104 of Children and Families which are assigned primary duties of 2105 serving as the superintendent or assistant superintendent of an 2106 institution. 2107 2.Positions in the Department of Corrections which are 2108 assigned primary duties of serving as the warden, assistant 2109 warden, colonel, or major of an institution or that are assigned 2110 primary duties of serving as the circuit administrator or deputy 2111 circuit administrator. 2112 3.Positions in the Department of Transportation which are 2113 assigned primary duties of serving as regional toll managers and 2114 managers of offices, as specified in s. 20.23(4)(b) and (5)(c) 2115 s. 20.23(3)(b) and (4)(c). 2116 4.Positions in the Department of Environmental Protection 2117 which are assigned the duty of an Environmental Administrator or 2118 program administrator. 2119 5.Positions in the Department of Health which are assigned 2120 the duties of Environmental Administrator, Assistant County 2121 Health Department Director, and County Health Department 2122 Financial Administrator. 2123 6.Positions in the Department of Highway Safety and Motor 2124 Vehicles which are assigned primary duties of serving as 2125 captains in the Florida Highway Patrol. 2126 2127 Unless otherwise fixed by law, the department shall set the 2128 salary and benefits of the positions listed in this paragraph in 2129 accordance with the rules established for the Selected Exempt 2130 Service. 2131 Section 51.Paragraph (d) of subsection (3) of section 2132 322.27, Florida Statutes, is amended to read: 2133 322.27Authority of department to suspend or revoke driver 2134 license or identification card. 2135 (3)There is established a point system for evaluation of 2136 convictions of violations of motor vehicle laws or ordinances, 2137 and violations of applicable provisions of s. 403.413(6)(b) when 2138 such violations involve the use of motor vehicles, for the 2139 determination of the continuing qualification of any person to 2140 operate a motor vehicle. The department is authorized to suspend 2141 the license of any person upon showing of its records or other 2142 good and sufficient evidence that the licensee has been 2143 convicted of violation of motor vehicle laws or ordinances, or 2144 applicable provisions of s. 403.413(6)(b), amounting to 12 or 2145 more points as determined by the point system. The suspension 2146 shall be for a period of not more than 1 year. 2147 (d)The point system shall have as its basic element a 2148 graduated scale of points assigning relative values to 2149 convictions of the following violations: 2150 1.Reckless driving, willful and wanton4 points. 2151 2.Leaving the scene of a crash resulting in property 2152 damage of more than $506 points. 2153 3.Unlawful speed, or unlawful use of a wireless 2154 communications device, resulting in a crash6 points. 2155 4.Passing a stopped school bus: 2156 a.Not causing or resulting in serious bodily injury to or 2157 death of another4 points. 2158 b.Causing or resulting in serious bodily injury to or 2159 death of another6 points. 2160 c.Points may not be imposed for a violation of passing a 2161 stopped school bus as provided in s. 316.172(1)(a) or (b) when 2162 enforced by a school bus infraction detection system pursuant to 2163 s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b) 2164 when enforced by a school bus infraction detection system 2165 pursuant to s. 316.173 may not be used for purposes of setting 2166 motor vehicle insurance rates. 2167 5.Unlawful speed: 2168 a.Not in excess of 15 miles per hour of lawful or posted 2169 speed3 points. 2170 b.In excess of 15 miles per hour of lawful or posted 2171 speed4 points. 2172 c.Points may not be imposed for a violation of unlawful 2173 speed as provided in s. 316.1895 or s. 316.183 when enforced by 2174 a traffic infraction enforcement officer pursuant to s. 2175 316.1896. In addition, a violation of s. 316.1895 or s. 316.183 2176 when enforced by a traffic infraction enforcement officer 2177 pursuant to s. 316.1896 may not be used for purposes of setting 2178 motor vehicle insurance rates. 2179 6.A violation of a traffic control signal device as 2180 provided in s. 316.074(1) or s. 316.075(1)(c)1.4 points. 2181 However, points may not be imposed for a violation of s. 2182 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 2183 stop at a traffic signal and when enforced by a traffic 2184 infraction enforcement officer. In addition, a violation of s. 2185 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 2186 stop at a traffic signal and when enforced by a traffic 2187 infraction enforcement officer may not be used for purposes of 2188 setting motor vehicle insurance rates. 2189 7.Unlawfully driving a vehicle through a railroad-highway 2190 grade crossing6 points. 2191 8.All other moving violations (including parking on a 2192 highway outside the limits of a municipality)3 points. However, 2193 points may not be imposed for a violation of s. 316.0741 or s. 2194 316.2065(11); and points may be imposed for a violation of s. 2195 316.1001 only when imposed by the court after a hearing pursuant 2196 to s. 318.14(5). 2197 9.Any moving violation covered in this paragraph, 2198 excluding unlawful speed and unlawful use of a wireless 2199 communications device, resulting in a crash4 points. 2200 10.Any conviction under s. 403.413(6)(b)3 points. 2201 11.Any conviction under s. 316.0775(2)4 points. 2202 12.A moving violation covered in this paragraph which is 2203 committed in conjunction with the unlawful use of a wireless 2204 communications device within a school safety zone2 points, in 2205 addition to the points assigned for the moving violation. 2206 Section 52.Subsection (13) of section 365.172, Florida 2207 Statutes, is amended to read: 2208 365.172Emergency communications. 2209 (13)FACILITATING EMERGENCY COMMUNICATIONS SERVICE 2210 IMPLEMENTATION.To balance the public need for reliable 2211 emergency communications services through reliable wireless 2212 systems and the public interest served by governmental zoning 2213 and land development regulations and notwithstanding any other 2214 law or local ordinance to the contrary, the following standards 2215 shall apply to a local governments actions, as a regulatory 2216 body, in the regulation of the placement, construction, or 2217 modification of a wireless communications facility. This 2218 subsection may not, however, be construed to waive or alter the 2219 provisions of s. 286.011 or s. 286.0115. For the purposes of 2220 this subsection only, local government shall mean any 2221 municipality or county and any agency of a municipality or 2222 county only. The term local government does not, however, 2223 include any airport, as defined in s. 330.27 by s. 330.27(2), 2224 even if it is owned or controlled by or through a municipality, 2225 county, or agency of a municipality or county. Further, 2226 notwithstanding anything in this section to the contrary, this 2227 subsection does not apply to or control a local governments 2228 actions as a property or structure owner in the use of any 2229 property or structure owned by such entity for the placement, 2230 construction, or modification of wireless communications 2231 facilities. In the use of property or structures owned by the 2232 local government, however, a local government may not use its 2233 regulatory authority so as to avoid compliance with, or in a 2234 manner that does not advance, the provisions of this subsection. 2235 (a)Colocation among wireless providers is encouraged by 2236 the state. 2237 1.a.Colocations on towers, including nonconforming towers, 2238 that meet the requirements in sub-sub-subparagraphs (I), (II), 2239 and (III), are subject to only building permit review, which may 2240 include a review for compliance with this subparagraph. Such 2241 colocations are not subject to any design or placement 2242 requirements of the local governments land development 2243 regulations in effect at the time of the colocation that are 2244 more restrictive than those in effect at the time of the initial 2245 antennae placement approval, to any other portion of the land 2246 development regulations, or to public hearing review. This sub 2247 subparagraph may not preclude a public hearing for any appeal of 2248 the decision on the colocation application. 2249 (I)The colocation does not increase the height of the 2250 tower to which the antennae are to be attached, measured to the 2251 highest point of any part of the tower or any existing antenna 2252 attached to the tower; 2253 (II)The colocation does not increase the ground space 2254 area, commonly known as the compound, approved in the site plan 2255 for equipment enclosures and ancillary facilities; and 2256 (III)The colocation consists of antennae, equipment 2257 enclosures, and ancillary facilities that are of a design and 2258 configuration consistent with all applicable regulations, 2259 restrictions, or conditions, if any, applied to the initial 2260 antennae placed on the tower and to its accompanying equipment 2261 enclosures and ancillary facilities and, if applicable, applied 2262 to the tower supporting the antennae. Such regulations may 2263 include the design and aesthetic requirements, but not 2264 procedural requirements, other than those authorized by this 2265 section, of the local governments land development regulations 2266 in effect at the time the initial antennae placement was 2267 approved. 2268 b.Except for a historic building, structure, site, object, 2269 or district, or a tower included in sub-subparagraph a., 2270 colocations on all other existing structures that meet the 2271 requirements in sub-sub-subparagraphs (I)-(IV) shall be subject 2272 to no more than building permit review, and an administrative 2273 review for compliance with this subparagraph. Such colocations 2274 are not subject to any portion of the local governments land 2275 development regulations not addressed herein, or to public 2276 hearing review. This sub-subparagraph may not preclude a public 2277 hearing for any appeal of the decision on the colocation 2278 application. 2279 (I)The colocation does not increase the height of the 2280 existing structure to which the antennae are to be attached, 2281 measured to the highest point of any part of the structure or 2282 any existing antenna attached to the structure; 2283 (II)The colocation does not increase the ground space 2284 area, otherwise known as the compound, if any, approved in the 2285 site plan for equipment enclosures and ancillary facilities; 2286 (III)The colocation consists of antennae, equipment 2287 enclosures, and ancillary facilities that are of a design and 2288 configuration consistent with any applicable structural or 2289 aesthetic design requirements and any requirements for location 2290 on the structure, but not prohibitions or restrictions on the 2291 placement of additional colocations on the existing structure or 2292 procedural requirements, other than those authorized by this 2293 section, of the local governments land development regulations 2294 in effect at the time of the colocation application; and 2295 (IV)The colocation consists of antennae, equipment 2296 enclosures, and ancillary facilities that are of a design and 2297 configuration consistent with all applicable restrictions or 2298 conditions, if any, that do not conflict with sub-sub 2299 subparagraph (III) and were applied to the initial antennae 2300 placed on the structure and to its accompanying equipment 2301 enclosures and ancillary facilities and, if applicable, applied 2302 to the structure supporting the antennae. 2303 c.Regulations, restrictions, conditions, or permits of the 2304 local government, acting in its regulatory capacity, that limit 2305 the number of colocations or require review processes 2306 inconsistent with this subsection do not apply to colocations 2307 addressed in this subparagraph. 2308 d.If only a portion of the colocation does not meet the 2309 requirements of this subparagraph, such as an increase in the 2310 height of the proposed antennae over the existing structure 2311 height or a proposal to expand the ground space approved in the 2312 site plan for the equipment enclosure, where all other portions 2313 of the colocation meet the requirements of this subparagraph, 2314 that portion of the colocation only may be reviewed under the 2315 local governments regulations applicable to an initial 2316 placement of that portion of the facility, including, but not 2317 limited to, its land development regulations, and within the 2318 review timeframes of subparagraph (d)2., and the rest of the 2319 colocation shall be reviewed in accordance with this 2320 subparagraph. A colocation proposal under this subparagraph that 2321 increases the ground space area, otherwise known as the 2322 compound, approved in the original site plan for equipment 2323 enclosures and ancillary facilities by no more than a cumulative 2324 amount of 400 square feet or 50 percent of the original compound 2325 size, whichever is greater, shall, however, require no more than 2326 administrative review for compliance with the local governments 2327 regulations, including, but not limited to, land development 2328 regulations review, and building permit review, with no public 2329 hearing review. This sub-subparagraph does not preclude a public 2330 hearing for any appeal of the decision on the colocation 2331 application. 2332 2.If a colocation does not meet the requirements of 2333 subparagraph 1., the local government may review the application 2334 under the local governments regulations, including, but not 2335 limited to, land development regulations, applicable to the 2336 placement of initial antennae and their accompanying equipment 2337 enclosure and ancillary facilities. 2338 3.If a colocation meets the requirements of subparagraph 2339 1., the colocation may not be considered a modification to an 2340 existing structure or an impermissible modification of a 2341 nonconforming structure. 2342 4.The owner of the existing tower on which the proposed 2343 antennae are to be colocated shall remain responsible for 2344 compliance with any applicable condition or requirement of a 2345 permit or agreement, or any applicable condition or requirement 2346 of the land development regulations to which the existing tower 2347 had to comply at the time the tower was permitted, including any 2348 aesthetic requirements, provided the condition or requirement is 2349 not inconsistent with this paragraph. 2350 5.An existing tower, including a nonconforming tower, may 2351 be structurally modified in order to permit colocation or may be 2352 replaced through no more than administrative review and building 2353 permit review, and is not subject to public hearing review, if 2354 the overall height of the tower is not increased and, if a 2355 replacement, the replacement tower is a monopole tower or, if 2356 the existing tower is a camouflaged tower, the replacement tower 2357 is a like-camouflaged tower. This subparagraph may not preclude 2358 a public hearing for any appeal of the decision on the 2359 application. 2360 (b)1.A local governments land development and 2361 construction regulations for wireless communications facilities 2362 and the local governments review of an application for the 2363 placement, construction, or modification of a wireless 2364 communications facility shall only address land development or 2365 zoning issues. In such local government regulations or review, 2366 the local government may not require information on or evaluate 2367 a wireless providers business decisions about its service, 2368 customer demand for its service, or quality of its service to or 2369 from a particular area or site, unless the wireless provider 2370 voluntarily offers this information to the local government. In 2371 such local government regulations or review, a local government 2372 may not require information on or evaluate the wireless 2373 providers designed service unless the information or materials 2374 are directly related to an identified land development or zoning 2375 issue or unless the wireless provider voluntarily offers the 2376 information. Information or materials directly related to an 2377 identified land development or zoning issue may include, but are 2378 not limited to, evidence that no existing structure can 2379 reasonably be used for the antennae placement instead of the 2380 construction of a new tower, that residential areas cannot be 2381 served from outside the residential area, as addressed in 2382 subparagraph 3., or that the proposed height of a new tower or 2383 initial antennae placement or a proposed height increase of a 2384 modified tower, replacement tower, or colocation is necessary to 2385 provide the providers designed service. Nothing in this 2386 paragraph shall limit the local government from reviewing any 2387 applicable land development or zoning issue addressed in its 2388 adopted regulations that does not conflict with this section, 2389 including, but not limited to, aesthetics, landscaping, land 2390 use-based location priorities, structural design, and setbacks. 2391 2.Any setback or distance separation required of a tower 2392 may not exceed the minimum distance necessary, as determined by 2393 the local government, to satisfy the structural safety or 2394 aesthetic concerns that are to be protected by the setback or 2395 distance separation. 2396 3.A local government may exclude the placement of wireless 2397 communications facilities in a residential area or residential 2398 zoning district but only in a manner that does not constitute an 2399 actual or effective prohibition of the providers service in 2400 that residential area or zoning district. If a wireless provider 2401 demonstrates to the satisfaction of the local government that 2402 the provider cannot reasonably provide its service to the 2403 residential area or zone from outside the residential area or 2404 zone, the municipality or county and provider shall cooperate to 2405 determine an appropriate location for a wireless communications 2406 facility of an appropriate design within the residential area or 2407 zone. The local government may require that the wireless 2408 provider reimburse the reasonable costs incurred by the local 2409 government for this cooperative determination. An application 2410 for such cooperative determination may not be considered an 2411 application under paragraph (d). 2412 4.A local government may impose a reasonable fee on 2413 applications to place, construct, or modify a wireless 2414 communications facility only if a similar fee is imposed on 2415 applicants seeking other similar types of zoning, land use, or 2416 building permit review. A local government may impose fees for 2417 the review of applications for wireless communications 2418 facilities by consultants or experts who conduct code compliance 2419 review for the local government but any fee is limited to 2420 specifically identified reasonable expenses incurred in the 2421 review. A local government may impose reasonable surety 2422 requirements to ensure the removal of wireless communications 2423 facilities that are no longer being used. 2424 5.A local government may impose design requirements, such 2425 as requirements for designing towers to support colocation or 2426 aesthetic requirements, except as otherwise limited in this 2427 section, but may not impose or require information on compliance 2428 with building code type standards for the construction or 2429 modification of wireless communications facilities beyond those 2430 adopted by the local government under chapter 553 and that apply 2431 to all similar types of construction. 2432 (c)Local governments may not require wireless providers to 2433 provide evidence of a wireless communications facilitys 2434 compliance with federal regulations, except evidence of 2435 compliance with applicable Federal Aviation Administration 2436 requirements under 14 C.F.R. part 77, as amended, and evidence 2437 of proper Federal Communications Commission licensure, or other 2438 evidence of Federal Communications Commission authorized 2439 spectrum use, but may request the Federal Communications 2440 Commission to provide information as to a wireless providers 2441 compliance with federal regulations, as authorized by federal 2442 law. 2443 (d)1.A local government shall grant or deny each properly 2444 completed application for a colocation under subparagraph (a)1. 2445 based on the applications compliance with the local 2446 governments applicable regulations, as provided for in 2447 subparagraph (a)1. and consistent with this subsection, and 2448 within the normal timeframe for a similar building permit review 2449 but in no case later than 45 business days after the date the 2450 application is determined to be properly completed in accordance 2451 with this paragraph. 2452 2.A local government shall grant or deny each properly 2453 completed application for any other wireless communications 2454 facility based on the applications compliance with the local 2455 governments applicable regulations, including but not limited 2456 to land development regulations, consistent with this subsection 2457 and within the normal timeframe for a similar type review but in 2458 no case later than 90 business days after the date the 2459 application is determined to be properly completed in accordance 2460 with this paragraph. 2461 3.a.An application is deemed submitted or resubmitted on 2462 the date the application is received by the local government. If 2463 the local government does not notify the applicant in writing 2464 that the application is not completed in compliance with the 2465 local governments regulations within 20 business days after the 2466 date the application is initially submitted or additional 2467 information resubmitted, the application is deemed, for 2468 administrative purposes only, to be properly completed and 2469 properly submitted. However, the determination may not be deemed 2470 as an approval of the application. If the application is not 2471 completed in compliance with the local governments regulations, 2472 the local government shall so notify the applicant in writing 2473 and the notification must indicate with specificity any 2474 deficiencies in the required documents or deficiencies in the 2475 content of the required documents which, if cured, make the 2476 application properly completed. Upon resubmission of information 2477 to cure the stated deficiencies, the local government shall 2478 notify the applicant, in writing, within the normal timeframes 2479 of review, but in no case longer than 20 business days after the 2480 additional information is submitted, of any remaining 2481 deficiencies that must be cured. Deficiencies in document type 2482 or content not specified by the local government do not make the 2483 application incomplete. Notwithstanding this sub-subparagraph, 2484 if a specified deficiency is not properly cured when the 2485 applicant resubmits its application to comply with the notice of 2486 deficiencies, the local government may continue to request the 2487 information until such time as the specified deficiency is 2488 cured. The local government may establish reasonable timeframes 2489 within which the required information to cure the application 2490 deficiency is to be provided or the application will be 2491 considered withdrawn or closed. 2492 b.If the local government fails to grant or deny a 2493 properly completed application for a wireless communications 2494 facility within the timeframes set forth in this paragraph, the 2495 application shall be deemed automatically approved and the 2496 applicant may proceed with placement of the facilities without 2497 interference or penalty. The timeframes specified in 2498 subparagraph 2. may be extended only to the extent that the 2499 application has not been granted or denied because the local 2500 governments procedures generally applicable to all other 2501 similar types of applications require action by the governing 2502 body and such action has not taken place within the timeframes 2503 specified in subparagraph 2. Under such circumstances, the local 2504 government must act to either grant or deny the application at 2505 its next regularly scheduled meeting or, otherwise, the 2506 application is deemed to be automatically approved. 2507 c.To be effective, a waiver of the timeframes set forth in 2508 this paragraph must be voluntarily agreed to by the applicant 2509 and the local government. A local government may request, but 2510 not require, a waiver of the timeframes by the applicant, except 2511 that, with respect to a specific application, a one-time waiver 2512 may be required in the case of a declared local, state, or 2513 federal emergency that directly affects the administration of 2514 all permitting activities of the local government. 2515 (e)The replacement of or modification to a wireless 2516 communications facility, except a tower, that results in a 2517 wireless communications facility not readily discernibly 2518 different in size, type, and appearance when viewed from ground 2519 level from surrounding properties, and the replacement or 2520 modification of equipment that is not visible from surrounding 2521 properties, all as reasonably determined by the local 2522 government, are subject to no more than applicable building 2523 permit review. 2524 (f)Any other law to the contrary notwithstanding, the 2525 Department of Management Services shall negotiate, in the name 2526 of the state, leases for wireless communications facilities that 2527 provide access to state government-owned property not acquired 2528 for transportation purposes, and the Department of 2529 Transportation shall negotiate, in the name of the state, leases 2530 for wireless communications facilities that provide access to 2531 property acquired for state rights-of-way. On property acquired 2532 for transportation purposes, leases shall be granted in 2533 accordance with s. 337.251. On other state government-owned 2534 property, leases shall be granted on a space available, first 2535 come, first-served basis. Payments required by state government 2536 under a lease must be reasonable and must reflect the market 2537 rate for the use of the state government-owned property. The 2538 Department of Management Services and the Department of 2539 Transportation are authorized to adopt rules for the terms and 2540 conditions and granting of any such leases. 2541 (g)If any person adversely affected by any action, or 2542 failure to act, or regulation, or requirement of a local 2543 government in the review or regulation of the wireless 2544 communication facilities files an appeal or brings an 2545 appropriate action in a court or venue of competent 2546 jurisdiction, following the exhaustion of all administrative 2547 remedies, the matter shall be considered on an expedited basis. 2548 Section 53.Subsection (2) of section 379.2293, Florida 2549 Statutes, is amended to read: 2550 379.2293Airport activities within the scope of a federally 2551 approved wildlife hazard management plan or a federal or state 2552 permit or other authorization for depredation or harassment. 2553 (2)An airport authority or other entity owning or 2554 operating an airport, as defined in s. 330.27 s. 330.27(2), is 2555 not subject to any administrative or civil penalty, restriction, 2556 or other sanction with respect to any authorized action taken in 2557 a non-negligent manner for the purpose of protecting human life 2558 or aircraft safety from wildlife hazards. 2559 Section 54.Subsection (22) of section 493.6101, Florida 2560 Statutes, is amended to read: 2561 493.6101Definitions. 2562 (22)Repossession means the recovery of a motor vehicle 2563 as defined under s. 320.01(1), a mobile home as defined in s. 2564 320.01(2), a motorboat as defined under s. 327.02, an aircraft 2565 as defined in s. 330.27 s. 330.27(1), a personal watercraft as 2566 defined in s. 327.02, an all-terrain vehicle as defined in s. 2567 316.2074, farm equipment as defined under s. 686.402, or 2568 industrial equipment, by an individual who is authorized by the 2569 legal owner, lienholder, or lessor to recover, or to collect 2570 money payment in lieu of recovery of, that which has been sold 2571 or leased under a security agreement that contains a 2572 repossession clause. As used in this subsection, the term 2573 industrial equipment includes, but is not limited to, 2574 tractors, road rollers, cranes, forklifts, backhoes, and 2575 bulldozers. The term industrial equipment also includes other 2576 vehicles that are propelled by power other than muscular power 2577 and that are used in the manufacture of goods or used in the 2578 provision of services. A repossession is complete when a 2579 licensed recovery agent is in control, custody, and possession 2580 of such repossessed property. Property that is being repossessed 2581 shall be considered to be in the control, custody, and 2582 possession of a recovery agent if the property being repossessed 2583 is secured in preparation for transport from the site of the 2584 recovery by means of being attached to or placed on the towing 2585 or other transport vehicle or if the property being repossessed 2586 is being operated or about to be operated by an employee of the 2587 recovery agency. 2588 Section 55.Paragraph (c) of subsection (1) of section 2589 493.6403, Florida Statutes, is amended to read: 2590 493.6403License requirements. 2591 (1)In addition to the license requirements set forth in 2592 this chapter, each individual or agency shall comply with the 2593 following additional requirements: 2594 (c)An applicant for a Class E license shall have at 2595 least 1 year of lawfully gained, verifiable, full-time 2596 experience in one, or a combination of more than one, of the 2597 following: 2598 1.Repossession of motor vehicles as defined in s. 2599 320.01(1), mobile homes as defined in s. 320.01(2), motorboats 2600 as defined in s. 327.02, aircraft as defined in s. 330.27 s. 2601 330.27(1), personal watercraft as defined in s. 327.02, all 2602 terrain vehicles as defined in s. 316.2074, farm equipment as 2603 defined under s. 686.402, or industrial equipment as defined in 2604 s. 493.6101(22). 2605 2.Work as a Class EE licensed intern. 2606 Section 56.(1)The Department of Transportation shall 2607 coordinate with all state agencies, including the Department of 2608 Environmental Protection, and water management districts to 2609 establish a workgroup to review state statutes, policies, 2610 practices, and standards relating to statewide mapping programs. 2611 Notwithstanding s. 20.255(9), Florida Statutes, the Department 2612 of Transportation is the lead agency for the development and 2613 review of policies, practices, and standards related to 2614 geospatial data managed by state agencies and water management 2615 districts under this section for the 2025-2026 fiscal year. 2616 (2)The Department of Transportation may issue a request 2617 for proposals pursuant to s. 287.057, Florida Statutes, for the 2618 procurement of a program to manage all surveys, mapping, and 2619 data collection that use light detection and ranging (LiDAR), 2620 high-resolution aerial imagery, including orthoimagery and 2621 oblique imagery, and other similar mapping technologies. The 2622 proposals may provide for co-collection of data by aerial 2623 imagery, LiDAR, and other methods. Surveying, mapping, and data 2624 collection must be conducted in a manner that considers United 2625 States Geological Survey recommendations for technologies, 2626 standards, and specifications. 2627 (3)The Department of Transportation, in coordination with 2628 the workgroup, shall review state statutes and policies related 2629 to geospatial data sharing throughout state government and make 2630 recommendations to the President of the Senate and the Speaker 2631 of the House of Representatives by November 15, 2025, for any 2632 legislative action necessary to establish the Department of 2633 Transportation as the primary point of contact for statewide 2634 geographic information systems and to update statutes relating 2635 to geographic information systems and geospatial data sharing to 2636 allow for coordination and access to such systems and geospatial 2637 data. The recommendations must provide a survey of data needs, 2638 including minimum density and elevation; consider means to 2639 ensure accuracy, consistency, and interoperability that 2640 effectively support critical functions across all users; and 2641 provide recommendations necessary to make the data collected 2642 available to all users, including information technology needs 2643 and any recommendations for cost sharing or interagency 2644 agreements. The recommendations must take into account 2645 anticipated efficiencies and cost savings while balancing the 2646 need for different types and densities of data and their uses. 2647 Section 57.This act shall take effect July 1, 2025.
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