Florida Senate - 2023                      CS for CS for SB 1250
       
       
        
       By the Appropriations Committee on Transportation, Tourism, and
       Economic Development; the Committee on Transportation; and
       Senator DiCeglie
       
       
       
       606-03749-23                                          20231250c2
    1                        A bill to be entitled                      
    2         An act relating to the Department of Transportation;
    3         amending s. 288.9606, F.S.; providing construction
    4         regarding the proceeds of bonds of the Florida
    5         Development Finance Corporation; revising purposes for
    6         which the corporation may, without certain
    7         authorization from a public agency, issue revenue
    8         bonds or other evidence of indebtedness; amending s.
    9         311.101, F.S.; authorizing the department to provide
   10         up to 100 percent of project costs for certain
   11         eligible projects in rural areas of opportunity;
   12         amending s. 316.0777, F.S.; defining the term “law
   13         enforcement agency”; authorizing installation of an
   14         automated license plate recognition system within the
   15         right-of-way of any road on the State Highway System
   16         for a specified purpose; providing that such
   17         installations are solely within the department’s
   18         discretion and must be in accordance with placement
   19         and installation guidelines developed by the
   20         department; prohibiting use of an automated license
   21         plate recognition system to issue a notice of
   22         violation or a traffic citation; requiring removal of
   23         such a system within a specified timeframe at the
   24         expense of the requesting law enforcement agency upon
   25         notification by the department; providing that the
   26         department is not liable for any damages resulting
   27         from the requesting law enforcement agency’s operation
   28         of such a system; providing for a maximum period of
   29         retention of certain records generated through the use
   30         of an automated license plate recognition system;
   31         amending s. 330.30, F.S.; prohibiting the department
   32         from requiring an applicant to provide a written
   33         memorandum of understanding or letter of agreement
   34         with other airport sites regarding air traffic pattern
   35         separation procedures under certain circumstances;
   36         providing exceptions; amending s. 332.007, F.S.;
   37         authorizing the department, subject to the
   38         availability of appropriated funds, to fund up to 100
   39         percent of eligible project costs of certain projects
   40         at specified publicly owned, publicly operated
   41         airports with no scheduled commercial service;
   42         providing prioritization criteria; providing for
   43         allocation of any remaining funds; amending s.
   44         334.044, F.S.; revising the department’s powers and
   45         duties; amending s. 337.11, F.S.; increasing the
   46         maximum cost of contracts for construction and
   47         maintenance the department may enter into without
   48         advertising and receiving competitive bids; amending
   49         s. 339.135, F.S.; abrogating the expiration of
   50         provisions authorizing the approval of certain work
   51         program amendments submitted by the department;
   52         amending s. 339.175, F.S.; abolishing the Chairs
   53         Coordinating Committee; requiring metropolitan
   54         planning organizations serving specified counties to
   55         submit a certain feasibility report by a specified
   56         date, with certain goals; amending s. 341.052, F.S.;
   57         requiring that public transportation development plans
   58         of eligible providers of public transit block grants
   59         be consistent with the long-range transportation plans
   60         of the metropolitan planning area in which the
   61         providers are located; amending s. 341.071, F.S.;
   62         revising requirements of annual public transit
   63         provider reports; requiring each public transit
   64         provider to publish on its website, rather than in the
   65         local newspaper, certain performance measures;
   66         repealing part IV of ch. 348, F.S., relating to the
   67         Santa Rosa Bay Bridge Authority; transferring the
   68         governance and control of the Santa Rosa Bay Bridge
   69         Authority to the department; transferring the
   70         remaining assets, facilities, property, and property
   71         rights of the authority to the department; providing
   72         that the department succeeds to all powers of the
   73         authority; authorizing the department to review other
   74         contracts, financial obligations, and contractual
   75         obligations and liabilities of the authority and to
   76         assume legal liability for such obligations determined
   77         by the department to be necessary for the continued
   78         operation of the bridge system; authorizing the
   79         department to transfer the bridge system, or any
   80         portion thereof, to become part of the turnpike
   81         system; providing effective dates.
   82          
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. Subsections (6) and (7) of section 288.9606,
   86  Florida Statutes, are amended to read:
   87         288.9606 Issue of revenue bonds.—
   88         (6) The proceeds of any bonds of the corporation may not be
   89  used, in any manner, to acquire any building or facility that
   90  will be, during the pendency of the financing, used by, occupied
   91  by, leased to, or paid for by any state, county, or municipal
   92  agency or entity. This subsection does not prohibit the use of
   93  proceeds of bonds of the corporation for the purpose of
   94  financing the acquisition or construction of a transportation
   95  facility under a public-private partnership agreement authorized
   96  under s. 334.30.
   97         (7) Notwithstanding any provision of this section, the
   98  corporation in its corporate capacity may, without authorization
   99  from a public agency under s. 163.01(7), issue revenue bonds or
  100  other evidence of indebtedness under this section to:
  101         (a) Finance the undertaking of any project within the state
  102  that promotes renewable energy as defined in s. 366.91 or s.
  103  377.803;
  104         (b) Finance the undertaking of any project within the state
  105  that is a project contemplated or allowed under s. 406 of the
  106  American Recovery and Reinvestment Act of 2009; or
  107         (c) If permitted by federal law, finance qualifying
  108  improvement projects within the state under s. 163.08; or
  109         (d) Finance the costs of acquisition or construction of a
  110  transportation facility by a private entity or consortium of
  111  private entities under a public-private partnership agreement
  112  authorized under s. 334.30.
  113         Section 2. Subsection (6) of section 311.101, Florida
  114  Statutes, is amended to read:
  115         311.101 Intermodal Logistics Center Infrastructure Support
  116  Program.—
  117         (6) The department shall provide up to 50 percent of
  118  project costs for eligible projects. For eligible projects in
  119  rural areas of opportunity designated in accordance with s.
  120  288.0656(7)(a), the department may provide up to 100 percent of
  121  project costs.
  122         Section 3. Section 316.0777, Florida Statutes, is amended
  123  to read:
  124         316.0777 Automated license plate recognition systems;
  125  installation within the rights-of-way of the State Highway
  126  System; public records exemption.—
  127         (1) As used in this section, the term:
  128         (a) “Active,” “criminal intelligence information,” and
  129  “criminal investigative information” have the same meanings as
  130  provided in s. 119.011(3).
  131         (b) “Agency” has the same meaning as provided in s.
  132  119.011.
  133         (c) “Automated license plate recognition system” means a
  134  system of one or more mobile or fixed high-speed cameras
  135  combined with computer algorithms to convert images of license
  136  plates into computer-readable data.
  137         (d) “Criminal justice agency” has the same meaning as
  138  provided in s. 119.011.
  139         (2)(a)As used in this subsection, the term “law
  140  enforcement agency” means an agency that has a primary mission
  141  of preventing and detecting crime and enforcing state penal,
  142  criminal, traffic, and motor vehicle laws and in furtherance of
  143  that mission employs law enforcement officers as defined in s.
  144  943.10(1).
  145         (b)At the discretion of the Department of Transportation,
  146  an automated license plate recognition system may be installed
  147  within the rights-of-way, as defined in s. 334.03(21), of any
  148  road on the State Highway System when installed at the request
  149  of a law enforcement agency for the purpose of collecting active
  150  criminal intelligence information or active criminal
  151  investigative information as those terms are described in s.
  152  119.011(3). Such installations must be in accordance with
  153  placement and installation guidelines developed by the
  154  Department of Transportation. An automated license plate
  155  recognition system may not be used to issue a notice of
  156  violation or a traffic citation. An automated license plate
  157  recognition system must be removed within 30 days after the
  158  Department of Transportation notifies the requesting law
  159  enforcement agency that such removal must occur.
  160         (c) Installation and removal of an automated license plate
  161  recognition system is at the sole expense of the requesting law
  162  enforcement agency. The Department of Transportation is not
  163  liable for any damages caused to any person by the requesting
  164  law enforcement agency’s operation of such a system.
  165         (d) Records containing images and data generated through
  166  use of an automated license plate recognition system may not be
  167  retained longer than the maximum period provided in the
  168  retention schedule established pursuant to s. 316.0778.
  169         (3)(2) The following information held by an agency is
  170  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  171  of the State Constitution:
  172         (a) Images and data containing or providing personal
  173  identifying information obtained through the use of an automated
  174  license plate recognition system.
  175         (b) Personal identifying information of an individual in
  176  data generated or resulting from images obtained through the use
  177  of an automated license plate recognition system.
  178         (4)(3) Such information may be disclosed as follows:
  179         (a) Any such information may be disclosed by or to a
  180  criminal justice agency in the performance of the criminal
  181  justice agency’s official duties.
  182         (b) Any such information relating to a license plate
  183  registered to an individual may be disclosed to the individual,
  184  unless such information constitutes active criminal intelligence
  185  information or active criminal investigative information.
  186         (5)(4) This exemption applies to such information held by
  187  an agency before, on, or after the effective date of this
  188  exemption.
  189         Section 4. Effective upon this act becoming law, present
  190  paragraphs (d) through (g) of subsection (1) of section 330.30,
  191  Florida Statutes, are redesignated as paragraphs (e) through
  192  (h), respectively, and a new paragraph (d) is added to that
  193  subsection, to read:
  194         330.30 Approval of airport sites; registration and
  195  licensure of airports.—
  196         (1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD,
  197  REVOCATION.—
  198         (d) For the purpose of granting site approval, the
  199  department may not require an applicant to provide a written
  200  memorandum of understanding or letter of agreement with other
  201  airport sites regarding air traffic pattern separation
  202  procedures unless such memorandum or letter is required by the
  203  Federal Aviation Administration or is deemed necessary by the
  204  department.
  205         Section 5. Subsection (10) is added to section 332.007,
  206  Florida Statutes, to read:
  207         332.007 Administration and financing of aviation and
  208  airport programs and projects; state plan.—
  209         (10) Subject to the availability of appropriated funds, and
  210  unless otherwise provided in the General Appropriations Act or
  211  the substantive bill implementing the General Appropriations
  212  Act, the department may fund up to 100 percent of eligible
  213  project costs of all of the following at a publicly owned,
  214  publicly operated airport located in a rural community as
  215  defined in s. 288.0656 which does not have any scheduled
  216  commercial service:
  217         (a) The capital cost of runway and taxiway projects that
  218  add capacity. Such projects must be prioritized based on the
  219  amount of available nonstate matching funds.
  220         (b) Economic development transportation projects pursuant
  221  to s. 339.2821.
  222  
  223  Any remaining funds must be allocated for projects specified in
  224  subsection (6).
  225         Section 6. Subsection (5) of section 334.044, Florida
  226  Statutes, is amended, and subsection (36) is added to that
  227  section, to read:
  228         334.044 Powers and duties of the department.—The department
  229  shall have the following general powers and duties:
  230         (5) To purchase, lease, or otherwise acquire property and
  231  materials, including the purchase of promotional items as part
  232  of public information and education campaigns for the promotion
  233  of scenic highways, traffic and train safety awareness,
  234  alternatives to single-occupant vehicle travel, and commercial
  235  motor vehicle safety, electric vehicle use and charging
  236  stations, autonomous vehicles, and context design for electric
  237  vehicles and autonomous vehicles; to purchase, lease, or
  238  otherwise acquire equipment and supplies; and to sell, exchange,
  239  or otherwise dispose of any property that is no longer needed by
  240  the department.
  241         (36) To expend funds, at the department’s discretion, for
  242  training, testing, and licensing for full-time employees of the
  243  department who are required to have a valid Class A or Class B
  244  commercial driver license as a condition of employment with the
  245  department.
  246         Section 7. Paragraph (c) of subsection (6) of section
  247  337.11, Florida Statutes, is amended to read:
  248         337.11 Contracting authority of department; bids; emergency
  249  repairs, supplemental agreements, and change orders; combined
  250  design and construction contracts; progress payments; records;
  251  requirements of vehicle registration.—
  252         (6)
  253         (c) When the department determines that it is in the best
  254  interest of the public for reasons of public concern, economy,
  255  improved operations, or safety, and only when circumstances
  256  dictate rapid completion of the work, the department may, up to
  257  the amount of $500,000 $250,000, enter into contracts for
  258  construction and maintenance without advertising and receiving
  259  competitive bids. The department may enter into such contracts
  260  only upon a determination that the work is necessary for one of
  261  the following reasons:
  262         1. To ensure timely completion of projects or avoidance of
  263  undue delay for other projects;
  264         2. To accomplish minor repairs or construction and
  265  maintenance activities for which time is of the essence and for
  266  which significant cost savings would occur; or
  267         3. To accomplish nonemergency work necessary to ensure
  268  avoidance of adverse conditions that affect the safe and
  269  efficient flow of traffic.
  270  
  271  The department shall make a good faith effort to obtain two or
  272  more quotes, if available, from qualified contractors before
  273  entering into any contract. The department shall give
  274  consideration to disadvantaged business enterprise
  275  participation. However, when the work exists within the limits
  276  of an existing contract, the department shall make a good faith
  277  effort to negotiate and enter into a contract with the prime
  278  contractor on the existing contract.
  279         Section 8. Paragraph (h) of subsection (7) of section
  280  339.135, Florida Statutes, is amended to read:
  281         339.135 Work program; legislative budget request;
  282  definitions; preparation, adoption, execution, and amendment.—
  283         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
  284         (h)1. Any work program amendment that also adds a new
  285  project, or phase thereof, to the adopted work program in excess
  286  of $3 million is subject to approval by the Legislative Budget
  287  Commission. Any work program amendment submitted under this
  288  paragraph must include, as supplemental information, a list of
  289  projects, or phases thereof, in the current 5-year adopted work
  290  program which are eligible for the funds within the
  291  appropriation category being used for the proposed amendment.
  292  The department shall provide a narrative with the rationale for
  293  not advancing an existing project, or phase thereof, in lieu of
  294  the proposed amendment.
  295         2. If the department submits an amendment to the
  296  Legislative Budget Commission and the commission does not meet
  297  or consider the amendment within 30 days after its submittal,
  298  the chair and vice chair of the commission may authorize the
  299  amendment to be approved pursuant to s. 216.177. This
  300  subparagraph expires July 1, 2023.
  301         Section 9. Paragraph (i) of subsection (6) of section
  302  339.175, Florida Statutes, is amended to read:
  303         339.175 Metropolitan planning organization.—
  304         (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
  305  privileges, and authority of an M.P.O. are those specified in
  306  this section or incorporated in an interlocal agreement
  307  authorized under s. 163.01. Each M.P.O. shall perform all acts
  308  required by federal or state laws or rules, now and subsequently
  309  applicable, which are necessary to qualify for federal aid. It
  310  is the intent of this section that each M.P.O. shall be involved
  311  in the planning and programming of transportation facilities,
  312  including, but not limited to, airports, intercity and high
  313  speed rail lines, seaports, and intermodal facilities, to the
  314  extent permitted by state or federal law.
  315         (i) By December 31, 2023, There is created the Chairs
  316  Coordinating Committee, composed of the M.P.O.’s serving Citrus,
  317  Hernando, Hillsborough, Manatee, Pasco, and Pinellas, Polk, and
  318  Sarasota Counties must submit to the Governor, the President of
  319  the Senate, and the Speaker of the House of Representatives a
  320  feasibility report exploring the benefits, costs, and process of
  321  consolidation into a single M.P.O. serving the contiguous
  322  urbanized area, the goal of which is to. The committee must, at
  323  a minimum:
  324         1. Coordinate transportation projects deemed to be
  325  regionally significant by the committee.
  326         2. Review the impact of regionally significant land use
  327  decisions on the region.
  328         3. Review all proposed regionally significant
  329  transportation projects in the respective transportation
  330  improvement programs which affect more than one of the M.P.O.’s
  331  represented on the committee.
  332         4. Institute a conflict resolution process to address any
  333  conflict that may arise in the planning and programming of such
  334  regionally significant projects.
  335         Section 10. Subsection (1) of section 341.052, Florida
  336  Statutes, is amended to read:
  337         341.052 Public transit block grant program; administration;
  338  eligible projects; limitation.—
  339         (1) There is created a public transit block grant program
  340  which shall be administered by the department. Block grant funds
  341  shall only be provided to “Section 9” providers and “Section 18”
  342  providers designated by the United States Department of
  343  Transportation and community transportation coordinators as
  344  defined in chapter 427. Eligible providers must establish public
  345  transportation development plans consistent, to the maximum
  346  extent feasible, with approved local government comprehensive
  347  plans of the units of local government in which the provider is
  348  located and the long-range transportation plans of the
  349  metropolitan planning area in which the provider is located. In
  350  developing public transportation development plans, eligible
  351  providers must solicit comments from local workforce development
  352  boards established under chapter 445. The development plans must
  353  address how the public transit provider will work with the
  354  appropriate local workforce development board to provide
  355  services to participants in the welfare transition program.
  356  Eligible providers must provide information to the local
  357  workforce development board serving the county in which the
  358  provider is located regarding the availability of transportation
  359  services to assist program participants.
  360         Section 11. Subsections (2) and (3) of section 341.071,
  361  Florida Statutes, are amended to read:
  362         341.071 Transit productivity and performance measures;
  363  reports.—
  364         (2) Each public transit provider shall establish
  365  productivity and performance measures, which must be approved by
  366  the department and which must be selected from measures
  367  developed pursuant to s. 341.041(3). Each provider shall, by
  368  January 31 of each year, report to the department relative to
  369  these measures. In approving these measures, the department
  370  shall give consideration to the goals and objectives of each
  371  system, the needs of the local area, and the role for public
  372  transit in the local area. The report must include the shall
  373  also specifically address potential enhancements to productivity
  374  and performance which would have the effect of increasing
  375  farebox recovery ratio.
  376         (3) Each public transit provider shall publish on its
  377  website in the local newspaper of its area the productivity and
  378  performance measures established for the year and a report that
  379  which provides quantitative data relative to the attainment of
  380  established productivity and performance measures.
  381         Section 12. Effective upon this act becoming a law, part IV
  382  of chapter 348, Florida Statutes, consisting of ss. 348.965,
  383  348.966, 348.967, 348.968, 348.969, 348.97, 348.971, 348.972,
  384  348.973, 348.974, 348.9751, 348.9761, 348.9771, and 348.9781,
  385  Florida Statutes, is repealed.
  386         Section 13. Effective upon this act becoming a law, the
  387  governance and control of the Santa Rosa Bay Bridge Authority is
  388  transferred to the Department of Transportation.
  389         (1) Since the Santa Rosa Bay Bridge Authority’s bridge
  390  system was transferred to the department under the terms of the
  391  lease-purchase agreement and a settlement agreement between the
  392  department and the authority which was effective as of the close
  393  of business on June 30, 2022, any remaining assets, facilities,
  394  tangible and intangible property, and any rights in such
  395  property, and other legal rights of the authority are
  396  transferred to the department. The department succeeds to all
  397  powers of the authority. The department may review other
  398  contracts, financial obligations, and contractual obligations
  399  and liabilities of the authority and may assume legal liability
  400  for such obligations that are determined by the department to be
  401  necessary for the continued operation of the bridge system.
  402         (2)The bridge system, or any portion thereof, may be
  403  transferred by the department and become part of the turnpike
  404  system under the Florida Turnpike Enterprise Law, ss. 338.22
  405  338.241, Florida Statutes.
  406         Section 14. Except as otherwise expressly provided in this
  407  act and except for this section, which shall take effect upon
  408  this act becoming a law, this act shall take effect July 1,
  409  2023.