Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1250
       
       
       
       
       
       
                                Ì143100RÎ143100                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2023           .                                
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       The Appropriations Committee on Transportation, Tourism, and
       Economic Development (DiCeglie) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (6) and (7) of section 288.9606,
    6  Florida Statutes, are amended to read:
    7         288.9606 Issue of revenue bonds.—
    8         (6) The proceeds of any bonds of the corporation may not be
    9  used, in any manner, to acquire any building or facility that
   10  will be, during the pendency of the financing, used by, occupied
   11  by, leased to, or paid for by any state, county, or municipal
   12  agency or entity. This subsection does not prohibit the use of
   13  proceeds of bonds of the corporation for the purpose of
   14  financing the acquisition or construction of a transportation
   15  facility under a public-private partnership agreement authorized
   16  under s. 334.30.
   17         (7) Notwithstanding any provision of this section, the
   18  corporation in its corporate capacity may, without authorization
   19  from a public agency under s. 163.01(7), issue revenue bonds or
   20  other evidence of indebtedness under this section to:
   21         (a) Finance the undertaking of any project within the state
   22  that promotes renewable energy as defined in s. 366.91 or s.
   23  377.803;
   24         (b) Finance the undertaking of any project within the state
   25  that is a project contemplated or allowed under s. 406 of the
   26  American Recovery and Reinvestment Act of 2009; or
   27         (c) If permitted by federal law, finance qualifying
   28  improvement projects within the state under s. 163.08; or
   29         (d) Finance the costs of acquisition or construction of a
   30  transportation facility by a private entity or consortium of
   31  private entities under a public-private partnership agreement
   32  authorized under s. 334.30.
   33         Section 2. Subsection (6) of section 311.101, Florida
   34  Statutes, is amended to read:
   35         311.101 Intermodal Logistics Center Infrastructure Support
   36  Program.—
   37         (6) The department shall provide up to 50 percent of
   38  project costs for eligible projects. For eligible projects in
   39  rural areas of opportunity designated in accordance with s.
   40  288.0656(7)(a), the department may provide up to 100 percent of
   41  project costs.
   42         Section 3. Section 316.0777, Florida Statutes, is amended
   43  to read:
   44         316.0777 Automated license plate recognition systems;
   45  installation within the rights-of-way of the State Highway
   46  System; public records exemption.—
   47         (1) As used in this section, the term:
   48         (a) “Active,” “criminal intelligence information,” and
   49  “criminal investigative information” have the same meanings as
   50  provided in s. 119.011(3).
   51         (b) “Agency” has the same meaning as provided in s.
   52  119.011.
   53         (c) “Automated license plate recognition system” means a
   54  system of one or more mobile or fixed high-speed cameras
   55  combined with computer algorithms to convert images of license
   56  plates into computer-readable data.
   57         (d) “Criminal justice agency” has the same meaning as
   58  provided in s. 119.011.
   59         (2)(a)As used in this subsection, the term “law
   60  enforcement agency” means an agency that has a primary mission
   61  of preventing and detecting crime and enforcing state penal,
   62  criminal, traffic, and motor vehicle laws and in furtherance of
   63  that mission employs law enforcement officers as defined in s.
   64  943.10(1).
   65         (b)At the discretion of the Department of Transportation,
   66  an automated license plate recognition system may be installed
   67  within the rights-of-way, as defined in s. 334.03(21), of any
   68  road on the State Highway System when installed at the request
   69  of a law enforcement agency for the purpose of collecting active
   70  criminal intelligence information or active criminal
   71  investigative information as those terms are described in s.
   72  119.011(3). Such installations must be in accordance with
   73  placement and installation guidelines developed by the
   74  Department of Transportation. An automated license plate
   75  recognition system may not be used to issue a notice of
   76  violation or a traffic citation. An automated license plate
   77  recognition system must be removed within 30 days after the
   78  Department of Transportation notifies the requesting law
   79  enforcement agency that such removal must occur.
   80         (c) Installation and removal of an automated license plate
   81  recognition system is at the sole expense of the requesting law
   82  enforcement agency. The Department of Transportation is not
   83  liable for any damages caused to any person by the requesting
   84  law enforcement agency’s operation of such a system.
   85         (d) Records containing images and data generated through
   86  use of an automated license plate recognition system may not be
   87  retained longer than the maximum period provided in the
   88  retention schedule established pursuant to s. 316.0778.
   89         (3)(2) The following information held by an agency is
   90  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   91  of the State Constitution:
   92         (a) Images and data containing or providing personal
   93  identifying information obtained through the use of an automated
   94  license plate recognition system.
   95         (b) Personal identifying information of an individual in
   96  data generated or resulting from images obtained through the use
   97  of an automated license plate recognition system.
   98         (4)(3) Such information may be disclosed as follows:
   99         (a) Any such information may be disclosed by or to a
  100  criminal justice agency in the performance of the criminal
  101  justice agency’s official duties.
  102         (b) Any such information relating to a license plate
  103  registered to an individual may be disclosed to the individual,
  104  unless such information constitutes active criminal intelligence
  105  information or active criminal investigative information.
  106         (5)(4) This exemption applies to such information held by
  107  an agency before, on, or after the effective date of this
  108  exemption.
  109         Section 4. Effective upon this act becoming law, present
  110  paragraphs (d) through (g) of subsection (1) of section 330.30,
  111  Florida Statutes, are redesignated as paragraphs (e) through
  112  (h), respectively, and a new paragraph (d) is added to that
  113  subsection, to read:
  114         330.30 Approval of airport sites; registration and
  115  licensure of airports.—
  116         (1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD,
  117  REVOCATION.—
  118         (d) For the purpose of granting site approval, the
  119  department may not require an applicant to provide a written
  120  memorandum of understanding or letter of agreement with other
  121  airport sites regarding air traffic pattern separation
  122  procedures unless such memorandum or letter is required by the
  123  Federal Aviation Administration or is deemed necessary by the
  124  department.
  125         Section 5. Subsection (10) is added to section 332.007,
  126  Florida Statutes, to read:
  127         332.007 Administration and financing of aviation and
  128  airport programs and projects; state plan.—
  129         (10) Subject to the availability of appropriated funds, and
  130  unless otherwise provided in the General Appropriations Act or
  131  the substantive bill implementing the General Appropriations
  132  Act, the department may fund up to 100 percent of eligible
  133  project costs of all of the following at a publicly owned,
  134  publicly operated airport located in a rural community as
  135  defined in s. 288.0656 which does not have any scheduled
  136  commercial service:
  137         (a) The capital cost of runway and taxiway projects that
  138  add capacity. Such projects must be prioritized based on the
  139  amount of available nonstate matching funds.
  140         (b) Economic development transportation projects pursuant
  141  to s. 339.2821.
  142  
  143  Any remaining funds must be allocated for projects specified in
  144  subsection (6).
  145         Section 6. Subsection (5) of section 334.044, Florida
  146  Statutes, is amended, and subsection (36) is added to that
  147  section, to read:
  148         334.044 Powers and duties of the department.—The department
  149  shall have the following general powers and duties:
  150         (5) To purchase, lease, or otherwise acquire property and
  151  materials, including the purchase of promotional items as part
  152  of public information and education campaigns for the promotion
  153  of scenic highways, traffic and train safety awareness,
  154  alternatives to single-occupant vehicle travel, and commercial
  155  motor vehicle safety, electric vehicle use and charging
  156  stations, autonomous vehicles, and context design for electric
  157  vehicles and autonomous vehicles; to purchase, lease, or
  158  otherwise acquire equipment and supplies; and to sell, exchange,
  159  or otherwise dispose of any property that is no longer needed by
  160  the department.
  161         (36) To expend funds, at the department’s discretion, for
  162  training, testing, and licensing for full-time employees of the
  163  department who are required to have a valid Class A or Class B
  164  commercial driver license as a condition of employment with the
  165  department.
  166         Section 7. Paragraph (c) of subsection (6) of section
  167  337.11, Florida Statutes, is amended to read:
  168         337.11 Contracting authority of department; bids; emergency
  169  repairs, supplemental agreements, and change orders; combined
  170  design and construction contracts; progress payments; records;
  171  requirements of vehicle registration.—
  172         (6)
  173         (c) When the department determines that it is in the best
  174  interest of the public for reasons of public concern, economy,
  175  improved operations, or safety, and only when circumstances
  176  dictate rapid completion of the work, the department may, up to
  177  the amount of $500,000 $250,000, enter into contracts for
  178  construction and maintenance without advertising and receiving
  179  competitive bids. The department may enter into such contracts
  180  only upon a determination that the work is necessary for one of
  181  the following reasons:
  182         1. To ensure timely completion of projects or avoidance of
  183  undue delay for other projects;
  184         2. To accomplish minor repairs or construction and
  185  maintenance activities for which time is of the essence and for
  186  which significant cost savings would occur; or
  187         3. To accomplish nonemergency work necessary to ensure
  188  avoidance of adverse conditions that affect the safe and
  189  efficient flow of traffic.
  190  
  191  The department shall make a good faith effort to obtain two or
  192  more quotes, if available, from qualified contractors before
  193  entering into any contract. The department shall give
  194  consideration to disadvantaged business enterprise
  195  participation. However, when the work exists within the limits
  196  of an existing contract, the department shall make a good faith
  197  effort to negotiate and enter into a contract with the prime
  198  contractor on the existing contract.
  199         Section 8. Paragraph (h) of subsection (7) of section
  200  339.135, Florida Statutes, is amended to read:
  201         339.135 Work program; legislative budget request;
  202  definitions; preparation, adoption, execution, and amendment.—
  203         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
  204         (h)1. Any work program amendment that also adds a new
  205  project, or phase thereof, to the adopted work program in excess
  206  of $3 million is subject to approval by the Legislative Budget
  207  Commission. Any work program amendment submitted under this
  208  paragraph must include, as supplemental information, a list of
  209  projects, or phases thereof, in the current 5-year adopted work
  210  program which are eligible for the funds within the
  211  appropriation category being used for the proposed amendment.
  212  The department shall provide a narrative with the rationale for
  213  not advancing an existing project, or phase thereof, in lieu of
  214  the proposed amendment.
  215         2. If the department submits an amendment to the
  216  Legislative Budget Commission and the commission does not meet
  217  or consider the amendment within 30 days after its submittal,
  218  the chair and vice chair of the commission may authorize the
  219  amendment to be approved pursuant to s. 216.177. This
  220  subparagraph expires July 1, 2023.
  221         Section 9. Paragraph (i) of subsection (6) of section
  222  339.175, Florida Statutes, is amended to read:
  223         339.175 Metropolitan planning organization.—
  224         (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
  225  privileges, and authority of an M.P.O. are those specified in
  226  this section or incorporated in an interlocal agreement
  227  authorized under s. 163.01. Each M.P.O. shall perform all acts
  228  required by federal or state laws or rules, now and subsequently
  229  applicable, which are necessary to qualify for federal aid. It
  230  is the intent of this section that each M.P.O. shall be involved
  231  in the planning and programming of transportation facilities,
  232  including, but not limited to, airports, intercity and high
  233  speed rail lines, seaports, and intermodal facilities, to the
  234  extent permitted by state or federal law.
  235         (i) By December 31, 2023, There is created the Chairs
  236  Coordinating Committee, composed of the M.P.O.’s serving Citrus,
  237  Hernando, Hillsborough, Manatee, Pasco, and Pinellas, Polk, and
  238  Sarasota Counties must submit to the Governor, the President of
  239  the Senate, and the Speaker of the House of Representatives a
  240  feasibility report exploring the benefits, costs, and process of
  241  consolidation into a single M.P.O. serving the contiguous
  242  urbanized area, the goal of which is to. The committee must, at
  243  a minimum:
  244         1. Coordinate transportation projects deemed to be
  245  regionally significant by the committee.
  246         2. Review the impact of regionally significant land use
  247  decisions on the region.
  248         3. Review all proposed regionally significant
  249  transportation projects in the respective transportation
  250  improvement programs which affect more than one of the M.P.O.’s
  251  represented on the committee.
  252         4. Institute a conflict resolution process to address any
  253  conflict that may arise in the planning and programming of such
  254  regionally significant projects.
  255         Section 10. Subsection (1) of section 341.052, Florida
  256  Statutes, is amended to read:
  257         341.052 Public transit block grant program; administration;
  258  eligible projects; limitation.—
  259         (1) There is created a public transit block grant program
  260  which shall be administered by the department. Block grant funds
  261  shall only be provided to “Section 9” providers and “Section 18”
  262  providers designated by the United States Department of
  263  Transportation and community transportation coordinators as
  264  defined in chapter 427. Eligible providers must establish public
  265  transportation development plans consistent, to the maximum
  266  extent feasible, with approved local government comprehensive
  267  plans of the units of local government in which the provider is
  268  located and the long-range transportation plans of the
  269  metropolitan planning area in which the provider is located. In
  270  developing public transportation development plans, eligible
  271  providers must solicit comments from local workforce development
  272  boards established under chapter 445. The development plans must
  273  address how the public transit provider will work with the
  274  appropriate local workforce development board to provide
  275  services to participants in the welfare transition program.
  276  Eligible providers must provide information to the local
  277  workforce development board serving the county in which the
  278  provider is located regarding the availability of transportation
  279  services to assist program participants.
  280         Section 11. Subsections (2) and (3) of section 341.071,
  281  Florida Statutes, are amended to read:
  282         341.071 Transit productivity and performance measures;
  283  reports.—
  284         (2) Each public transit provider shall establish
  285  productivity and performance measures, which must be approved by
  286  the department and which must be selected from measures
  287  developed pursuant to s. 341.041(3). Each provider shall, by
  288  January 31 of each year, report to the department relative to
  289  these measures. In approving these measures, the department
  290  shall give consideration to the goals and objectives of each
  291  system, the needs of the local area, and the role for public
  292  transit in the local area. The report must include the shall
  293  also specifically address potential enhancements to productivity
  294  and performance which would have the effect of increasing
  295  farebox recovery ratio.
  296         (3) Each public transit provider shall publish on its
  297  website in the local newspaper of its area the productivity and
  298  performance measures established for the year and a report that
  299  which provides quantitative data relative to the attainment of
  300  established productivity and performance measures.
  301         Section 12. Effective upon this act becoming a law, part IV
  302  of chapter 348, Florida Statutes, consisting of ss. 348.965,
  303  348.966, 348.967, 348.968, 348.969, 348.97, 348.971, 348.972,
  304  348.973, 348.974, 348.9751, 348.9761, 348.9771, and 348.9781,
  305  Florida Statutes, is repealed.
  306         Section 13. Effective upon this act becoming a law, the
  307  governance and control of the Santa Rosa Bay Bridge Authority is
  308  transferred to the Department of Transportation.
  309         (1) Since the Santa Rosa Bay Bridge Authority’s bridge
  310  system was transferred to the department under the terms of the
  311  lease-purchase agreement and a settlement agreement between the
  312  department and the authority which was effective as of the close
  313  of business on June 30, 2022, any remaining assets, facilities,
  314  tangible and intangible property, and any rights in such
  315  property, and other legal rights of the authority are
  316  transferred to the department. The department succeeds to all
  317  powers of the authority. The department may review other
  318  contracts, financial obligations, and contractual obligations
  319  and liabilities of the authority and may assume legal liability
  320  for such obligations that are determined by the department to be
  321  necessary for the continued operation of the bridge system.
  322         (2)The bridge system, or any portion thereof, may be
  323  transferred by the department and become part of the turnpike
  324  system under the Florida Turnpike Enterprise Law, ss. 338.22
  325  338.241, Florida Statutes.
  326         Section 14. Except as otherwise expressly provided in this
  327  act and except for this section, which shall take effect upon
  328  this act becoming a law, this act shall take effect July 1,
  329  2023.
  330  
  331  ================= T I T L E  A M E N D M E N T ================
  332  And the title is amended as follows:
  333         Delete everything before the enacting clause
  334  and insert:
  335                        A bill to be entitled                      
  336         An act relating to the Department of Transportation;
  337         amending s. 288.9606, F.S.; providing construction
  338         regarding the proceeds of bonds of the Florida
  339         Development Finance Corporation; revising purposes for
  340         which the corporation may, without certain
  341         authorization from a public agency, issue revenue
  342         bonds or other evidence of indebtedness; amending s.
  343         311.101, F.S.; authorizing the department to provide
  344         up to 100 percent of project costs for certain
  345         eligible projects in rural areas of opportunity;
  346         amending s. 316.0777, F.S.; defining the term “law
  347         enforcement agency”; authorizing installation of an
  348         automated license plate recognition system within the
  349         right-of-way of any road on the State Highway System
  350         for a specified purpose; providing that such
  351         installations are solely within the department’s
  352         discretion and must be in accordance with placement
  353         and installation guidelines developed by the
  354         department; prohibiting use of an automated license
  355         plate recognition system to issue a notice of
  356         violation or a traffic citation; requiring removal of
  357         such a system within a specified timeframe at the
  358         expense of the requesting law enforcement agency upon
  359         notification by the department; providing that the
  360         department is not liable for any damages resulting
  361         from the requesting law enforcement agency’s operation
  362         of such a system; providing for a maximum period of
  363         retention of certain records generated through the use
  364         of an automated license plate recognition system;
  365         amending s. 330.30, F.S.; prohibiting the department
  366         from requiring an applicant to provide a written
  367         memorandum of understanding or letter of agreement
  368         with other airport sites regarding air traffic pattern
  369         separation procedures under certain circumstances;
  370         providing exceptions; amending s. 332.007, F.S.;
  371         authorizing the department, subject to the
  372         availability of appropriated funds, to fund up to 100
  373         percent of eligible project costs of certain projects
  374         at specified publicly owned, publicly operated
  375         airports with no scheduled commercial service;
  376         providing prioritization criteria; providing for
  377         allocation of any remaining funds; amending s.
  378         334.044, F.S.; revising the department’s powers and
  379         duties; amending s. 337.11, F.S.; increasing the
  380         maximum cost of contracts for construction and
  381         maintenance the department may enter into without
  382         advertising and receiving competitive bids; amending
  383         s. 339.135, F.S.; abrogating the expiration of
  384         provisions authorizing the approval of certain work
  385         program amendments submitted by the department;
  386         amending s. 339.175, F.S.; abolishing the Chairs
  387         Coordinating Committee; requiring metropolitan
  388         planning organizations serving specified counties to
  389         submit a certain feasibility report by a specified
  390         date, with certain goals; amending s. 341.052, F.S.;
  391         requiring that public transportation development plans
  392         of eligible providers of public transit block grants
  393         be consistent with the long-range transportation plans
  394         of the metropolitan planning area in which the
  395         providers are located; amending s. 341.071, F.S.;
  396         revising requirements of annual public transit
  397         provider reports; requiring each public transit
  398         provider to publish on its website, rather than in the
  399         local newspaper, certain performance measures;
  400         repealing part IV of ch. 348, F.S., relating to the
  401         Santa Rosa Bay Bridge Authority; transferring the
  402         governance and control of the Santa Rosa Bay Bridge
  403         Authority to the department; transferring the
  404         remaining assets, facilities, property, and property
  405         rights of the authority to the department; providing
  406         that the department succeeds to all powers of the
  407         authority; authorizing the department to review other
  408         contracts, financial obligations, and contractual
  409         obligations and liabilities of the authority and to
  410         assume legal liability for such obligations determined
  411         by the department to be necessary for the continued
  412         operation of the bridge system; authorizing the
  413         department to transfer the bridge system, or any
  414         portion thereof, to become part of the turnpike
  415         system; providing effective dates.