Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 64
       
       
       
       
       
       
                                Ì454016ÃÎ454016                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/26/2023           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Fiscal Policy (Hooper) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective January 1, 2024, paragraph (b) of
    6  subsection (1) of section 316.126, Florida Statutes, is amended,
    7  and subsection (6) of that section is republished, to read:
    8         316.126 Operation of vehicles and actions of pedestrians;
    9  on approach of an authorized emergency, sanitation, or utility
   10  service vehicle, wrecker, or road and bridge maintenance or
   11  construction vehicle; presence of disabled motor vehicle.—
   12         (1)
   13         (b) If an authorized emergency vehicle displaying any
   14  visual signals is parked on the roadside, a sanitation vehicle
   15  is performing a task related to the provision of sanitation
   16  services on the roadside, a utility service vehicle is
   17  performing a task related to the provision of utility services
   18  on the roadside, a wrecker displaying amber rotating or flashing
   19  lights is performing a recovery or loading on the roadside, or a
   20  road and bridge maintenance or construction vehicle displaying
   21  warning lights is on the roadside without advance signs and
   22  channelizing devices, or a disabled motor vehicle is stopped and
   23  is displaying warning lights or hazard lights or is using
   24  emergency flares or posting emergency signage or is stopped and
   25  one or more persons are visibly present, the driver of every
   26  other vehicle, as soon as it is safe:
   27         1. Shall vacate the lane closest to the emergency vehicle,
   28  sanitation vehicle, utility service vehicle, wrecker, or road
   29  and bridge maintenance or construction vehicle, or disabled
   30  motor vehicle when driving on an interstate highway or other
   31  highway with two or more lanes traveling in the direction of the
   32  emergency vehicle, sanitation vehicle, utility service vehicle,
   33  wrecker, or road and bridge maintenance or construction vehicle,
   34  or disabled motor vehicle except when otherwise directed by a
   35  law enforcement officer. If such movement cannot be safely
   36  accomplished, the driver shall reduce speed as provided in
   37  subparagraph 2.
   38         2. Shall slow to a speed that is 20 miles per hour less
   39  than the posted speed limit when the posted speed limit is 25
   40  miles per hour or greater; or travel at 5 miles per hour when
   41  the posted speed limit is 20 miles per hour or less, when
   42  driving on a two-lane road, except when otherwise directed by a
   43  law enforcement officer.
   44         (6) A violation of this section is a noncriminal traffic
   45  infraction, punishable pursuant to chapter 318 as either a
   46  moving violation for infractions of subsection (1) or subsection
   47  (3), or as a pedestrian violation for infractions of subsection
   48  (2).
   49         Section 2. Effective January 1, 2024, for the purpose of
   50  incorporating the amendment made by this act to section 316.126,
   51  Florida Statutes, in a reference thereto, paragraph (d) of
   52  subsection (2) of section 318.18, Florida Statutes, is reenacted
   53  to read:
   54         318.18 Amount of penalties.—The penalties required for a
   55  noncriminal disposition pursuant to s. 318.14 or a criminal
   56  offense listed in s. 318.17 are as follows:
   57         (2) Thirty dollars for all nonmoving traffic violations
   58  and:
   59         (d) For all violations of s. 316.126(1)(b), unless
   60  otherwise specified.
   61         Section 3. Section 316.83, Florida Statutes, is created to
   62  read:
   63         316.83Autonomous vehicle grading standards for roads on
   64  State Highway System.—The Department of Transportation shall
   65  coordinate with federal, regional, and local partners, as well
   66  as industry representatives, to establish standards by which
   67  roads on the State Highway System must be graded according to
   68  their compatibility with the operation of autonomous vehicles.
   69  In establishing such standards, the department shall consider
   70  factors including, but not limited to, the structural adequacy
   71  and safety of each road and the particular challenges that the
   72  overall driving environment of each road may present to a fully
   73  autonomous vehicle operating with the automated driving system
   74  engaged. Autonomous vehicle grading standards established
   75  pursuant to this section must be incorporated into standards for
   76  transportation projects involving the construction of new roads
   77  or maintenance of existing roads on the State Highway System.
   78         Section 4. Subsection (2) of section 333.03, Florida
   79  Statutes, is amended to read:
   80         333.03 Requirement to adopt airport zoning regulations.—
   81         (2) In the manner provided in subsection (1), political
   82  subdivisions shall adopt, administer, and enforce airport land
   83  use compatibility zoning regulations. Airport land use
   84  compatibility zoning regulations shall, at a minimum, consider
   85  address the following:
   86         (a) The prohibition of new landfills and the restriction of
   87  existing landfills within the following areas:
   88         1. Within 10,000 feet from the nearest point of any runway
   89  used or planned to be used by turbine aircraft.
   90         2. Within 5,000 feet from the nearest point of any runway
   91  used by only nonturbine aircraft.
   92         3. Outside the perimeters defined in subparagraphs 1. and
   93  2., but still within the lateral limits of the civil airport
   94  imaginary surfaces defined in 14 C.F.R. s. 77.19. Case-by-case
   95  review of such landfills is advised.
   96         (b) Where any landfill is located and constructed in a
   97  manner that attracts or sustains hazardous bird movements from
   98  feeding, water, or roosting areas into, or across, the runways
   99  or approach and departure patterns of aircraft. The landfill
  100  operator must incorporate bird management techniques or other
  101  practices to minimize bird hazards to airborne aircraft.
  102         (c) Where an airport authority or other governing body
  103  operating a public-use airport has conducted a noise study in
  104  accordance with 14 C.F.R. part 150, or where a public-use
  105  airport owner has established noise contours pursuant to another
  106  public study accepted approved by the Federal Aviation
  107  Administration, the prohibition of incompatible uses, as
  108  established in the noise study in 14 C.F.R. part 150, Appendix A
  109  or as a part of an alternative Federal Aviation Administration
  110  accepted Administration-approved public study, within the noise
  111  contours established by any of these studies, except if such
  112  uses are specifically contemplated by such study with
  113  appropriate mitigation or similar techniques described in the
  114  study.
  115         (d) Where an airport authority or other governing body
  116  operating a public-use airport has not conducted a noise study,
  117  the mitigation prohibition of potential incompatible uses
  118  associated with residential construction and any educational
  119  facility, with the exception of aviation school facilities,
  120  within an area contiguous to the airport measuring one-half the
  121  length of the longest runway on either side of and at the end of
  122  each runway centerline.
  123         (e) The restriction of new incompatible uses, activities,
  124  or substantial modifications to existing incompatible uses
  125  within runway protection zones.
  126         Section 5. Subsection (35) of section 334.044, Florida
  127  Statutes, is amended to read:
  128         334.044 Powers and duties of the department.—The department
  129  shall have the following general powers and duties:
  130         (35) To provide a road and bridge construction workforce
  131  development program, in consultation with affected stakeholders,
  132  for delivery construction of projects designated in the
  133  department’s work program.
  134         Section 6. Section 334.066, Florida Statutes, is created to
  135  read:
  136         334.066Implementing Solutions from Transportation Research
  137  and Evaluating Emerging Technologies Living Lab.
  138         (1)The Implementing Solutions from Transportation Research
  139  and Evaluating Emerging Technologies Living Lab (I-STREET) is
  140  established within the University of Florida.
  141         (2)At a minimum, I-STREET shall:
  142         (a)Conduct and facilitate research on issues related to
  143  innovative transportation mobility and safety technology
  144  development and deployment in this state and serve as an
  145  information exchange and depository for the most current
  146  information pertaining to transportation research, education,
  147  workforce development, and related issues.
  148         (b)Be a continuing resource for the Legislature, the
  149  department, local governments, the nation’s metropolitan
  150  regions, and the private sector in the area of transportation
  151  and related research.
  152         (c)Promote intercampus transportation and related research
  153  activities among Florida universities to enhance their ability
  154  to attract federal and private-sector funding for transportation
  155  and related research.
  156         (d)By July 1, 2024, and each July 1 thereafter, provide to
  157  the Governor, the President of the Senate, and the Speaker of
  158  the House of Representatives a comprehensive report that
  159  outlines the clearly defined goals of the living lab and its
  160  efforts and progress in reaching these goals.
  161         (3)An advisory board is created to periodically review and
  162  advise I-STREET concerning its research program. The board shall
  163  consist of nine members with expertise in transportation-related
  164  areas, as follows:
  165         (a)A member appointed by the President of the Senate.
  166         (b)A member appointed by the Speaker of the House of
  167  Representatives.
  168         (c)The Secretary of Transportation or his or her designee.
  169         (d)The Secretary of Economic Opportunity or his or her
  170  designee.
  171         (e)A member of the Florida Transportation Commission.
  172         (f)Four members nominated by the University of Florida’s
  173  College of Engineering and approved by the university’s
  174  president. The College of Engineering’s nominees may include
  175  representatives of the University of Florida, other academic and
  176  research institutions, and private entities.
  177         Section 7. Section 334.179, Florida Statutes, is amended to
  178  read:
  179         334.179 Department standards or specifications for
  180  permissible use of aggregates; misrepresentation of
  181  certification.—
  182         (1) Notwithstanding any law, rule, or ordinance to the
  183  contrary, a local government may not adopt standards or
  184  specifications that are contrary to the department standards or
  185  specifications for permissible use of aggregates that have been
  186  certified for use. For purposes of this section, the term
  187  “certified for use” means that the aggregates have been
  188  certified by the producer in compliance accordance with
  189  department rules adopted pursuant to s. 334.044(10)(d). This
  190  section does not apply to a multicounty independent special
  191  district created by a special act of the Legislature.
  192         (2)A producer may not represent that an aggregate is
  193  certified for use unless such aggregate is in compliance with
  194  department rules adopted pursuant to s. 334.044(10)(d).
  195         Section 8. Section 334.181, Florida Statutes, is created to
  196  read:
  197         334.181Electronic proof of delivery.—Notwithstanding any
  198  law, rule, or ordinance to the contrary, a local governmental
  199  entity must accept an electronic proof of delivery as an
  200  official record for a material delivery on the local
  201  governmental entity’s transportation project.
  202         Section 9. Present subsections (15) and (16) of section
  203  337.11, Florida Statutes, are redesignated as subsections (18)
  204  and (19), respectively, and new subsections (15) and (16) and
  205  subsection (17) are added to that section, to read:
  206         337.11 Contracting authority of department; bids; emergency
  207  repairs, supplemental agreements, and change orders; combined
  208  design and construction contracts; progress payments; records;
  209  requirements of vehicle registration.—
  210         (15)Each contract let by the department for performance of
  211  bridge construction or maintenance over navigable waters must
  212  contain a provision requiring marine general liability
  213  insurance, in an amount to be determined by the department,
  214  which covers third-party personal injury and property damage
  215  caused by vessels used by the contractor in the performance of
  216  the work.
  217         (16)The department shall implement strategies to reduce
  218  the cost of all project phases, including design, construction,
  219  and inspection, while ensuring that the design and construction
  220  of projects meet applicable federal and state standards. The
  221  department shall make a record of such strategies and the
  222  projected savings related thereto.
  223         (17)The department may share a portion of the construction
  224  cost savings realized due to a change in the construction
  225  contract design and scope, initiated after execution of the
  226  contract, with a design services consultant or a construction
  227  engineering and inspection services consultant to the extent
  228  that the consultant’s input and involvement contributed to such
  229  savings. The amount paid to a consultant pursuant to this
  230  subsection may not exceed 10 percent of the construction cost
  231  savings realized.
  232         Section 10. Subsection (1) of section 337.1101, Florida
  233  Statutes, is amended to read:
  234         337.1101 Contracting and procurement authority of the
  235  department; settlements; notification required.—
  236         (1) When the department, or any entity or enterprise within
  237  the department, determines that it is in the best interest of
  238  the public to resolve a protest filed in accordance with s.
  239  120.57(3) of the award of a contract being procured pursuant to
  240  s. 337.11 or related to the purchase of personal property or
  241  contractual services being procured pursuant to s. 287.057,
  242  through a settlement that requires the department to pay a
  243  nonselected responsive bidder a total sum of $1 million or more,
  244  including any amount paid pursuant to s. 334.049, any amount
  245  paid pursuant to s. 337.11(8) which is not included in the
  246  department’s work program approved by the Legislature as part of
  247  the General Appropriations Act, or any amount paid pursuant to
  248  any other law, the department must:
  249         (a) Document in a written memorandum by the secretary the
  250  specific reasons that such settlement and payment to a
  251  nonselected responsive bidder is in the best interest of the
  252  state. The written memorandum must be included and maintained in
  253  the department’s permanent files concerning the procurement and
  254  must include:
  255         1. A description of the property rights, patent rights,
  256  copyrights, trademarks, or the engineering design or other
  257  design work that the department will acquire or retain as a
  258  result of such settlement; and
  259         2. The specific appropriation in the existing General
  260  Appropriations Act which the department intends to use to
  261  provide such payment.
  262         (b) Provide prior written notification to the President of
  263  the Senate, the Speaker of the House of Representatives, the
  264  Senate and House of Representatives minority leaders, the chair
  265  and vice chair of the Legislative Budget Commission, and the
  266  Attorney General at least 5 business days, or as soon thereafter
  267  as practicable, before the department makes the settlement
  268  agreement final. Such written notification must include the
  269  written memorandum required pursuant to paragraph (a).
  270         (c) Provide, at the time settlement discussions regarding
  271  any such payment have begun in earnest, written notification of
  272  such discussions to the President of the Senate, the Speaker of
  273  the House of Representatives, the Senate and House of
  274  Representatives minority leaders, the chair and vice chair of
  275  the Legislative Budget Commission, and the Attorney General.
  276         Section 11. Subsections (1) and (4) of section 337.14,
  277  Florida Statutes, are amended to read:
  278         337.14 Application for qualification; certificate of
  279  qualification; restrictions; request for hearing.—
  280         (1) A Any contractor desiring to bid for the performance of
  281  any construction contract in excess of $250,000 which the
  282  department proposes to let must first be certified by the
  283  department as qualified pursuant to this section and rules of
  284  the department. The rules of the department must address the
  285  qualification of contractors to bid on construction contracts in
  286  excess of $250,000 and must include requirements with respect to
  287  the equipment, past record, experience, financial resources, and
  288  organizational personnel of the applying contractor which are
  289  necessary to perform the specific class of work for which the
  290  contractor seeks certification. Any contractor who desires to
  291  bid on contracts in excess of $50 million and who is not
  292  qualified and in good standing with the department as of January
  293  1, 2019, must first be certified by the department as qualified
  294  and must have satisfactorily completed two projects, each in
  295  excess of $15 million, for the department or for any other state
  296  department of transportation. The department may limit the
  297  dollar amount of any contract upon which a contractor is
  298  qualified to bid or the aggregate total dollar volume of
  299  contracts such contractor is allowed to have under contract at
  300  any one time. Each applying contractor seeking qualification to
  301  bid on construction contracts in excess of $250,000 shall
  302  furnish the department a statement under oath, on such forms as
  303  the department may prescribe, setting forth detailed information
  304  as required on the application. Each application for
  305  certification must be accompanied by audited, certified
  306  financial statements prepared in accordance with generally
  307  accepted accounting principles and auditing standards by a
  308  certified public accountant licensed in this state or another
  309  state. The audited, certified financial statements must be for
  310  the applying contractor and must have been prepared within the
  311  immediately preceding 12 months. The department may not consider
  312  any financial information of the parent entity of the applying
  313  contractor, if any. The department may not certify as qualified
  314  any applying contractor who fails to submit the audited,
  315  certified financial statements required by this subsection. If
  316  the application or the annual financial statement shows the
  317  financial condition of the applying contractor more than 4
  318  months before the date on which the application is received by
  319  the department, the applicant must also submit interim audited,
  320  certified financial statements prepared in accordance with
  321  generally accepted accounting principles and auditing standards
  322  by a certified public accountant licensed in this state or
  323  another state. The interim financial statements must cover the
  324  period from the end date of the annual statement and must show
  325  the financial condition of the applying contractor no more than
  326  4 months before the date that the interim financial statements
  327  are received by the department. However, upon the request of the
  328  applying contractor, an application and accompanying annual or
  329  interim financial statement received by the department within 15
  330  days after either 4-month period under this subsection must
  331  shall be considered timely. An applying contractor desiring to
  332  bid exclusively for the performance of construction contracts
  333  with proposed budget estimates of less than $2 $1 million may
  334  submit reviewed annual or reviewed interim financial statements
  335  prepared by a certified public accountant. The information
  336  required by this subsection is confidential and exempt from s.
  337  119.07(1). The department shall act upon the application for
  338  qualification within 30 days after the department determines
  339  that the application is complete. The department may waive the
  340  requirements of this subsection for projects having a contract
  341  price of $500,000 or less if the department determines that the
  342  project is of a noncritical nature and that the waiver will not
  343  endanger public health, safety, or property.
  344         (4) If the applicant is found to possess the prescribed
  345  qualifications, the department must shall issue to him or her a
  346  certificate of qualification that, unless thereafter revoked by
  347  the department for good cause, will be valid for a period of 18
  348  months after the date of the applicant’s financial statement or
  349  such shorter period as the department prescribes. Submission of
  350  an application does and subsequent approval do not affect
  351  expiration of the certificate of qualification. An applicant may
  352  submit a written request with a timely submitted application to
  353  keep an existing certificate of qualification in place until the
  354  expiration date. If the request is approved by the department,
  355  the current maximum capacity rating of the applicant must remain
  356  in place until expiration of the current certificate of
  357  qualification, the ability factor of the applicant, or the
  358  maximum capacity rating of the applicant. If the department
  359  finds that an application is incomplete or contains inadequate
  360  information or information that cannot be verified, the
  361  department may request in writing that the applicant provide the
  362  necessary information to complete the application or provide the
  363  source from which any information in the application may be
  364  verified. If the applicant fails to comply with the initial
  365  written request within a reasonable period of time as specified
  366  therein, the department must shall request the information a
  367  second time. If the applicant fails to comply with the second
  368  request within a reasonable period of time as specified therein,
  369  the application must shall be denied.
  370         Section 12. Subsection (2) of section 337.168, Florida
  371  Statutes, is amended to read:
  372         337.168 Confidentiality of official estimates, and the
  373  identities of potential bidders, and bid analysis and monitoring
  374  system.—
  375         (2) A document that reveals the identity of a person who
  376  has requested or obtained a bid package, plan, or specifications
  377  pertaining to any project to be let by the department is
  378  confidential and exempt from the provisions of s. 119.07(1) for
  379  the period that begins 2 working days before the deadline for
  380  obtaining bid packages, plans, or specifications and ends with
  381  the letting of the bid. A document that reveals the identity of
  382  a person who has requested or obtained a bid package, plan, or
  383  specifications pertaining to any project to be let by the
  384  department before the 2 working days before the deadline for
  385  obtaining bid packages, plans, or specifications remains a
  386  public record subject to s. 119.07(1).
  387         Section 13. Subsection (3) of section 337.408, Florida
  388  Statutes, is amended to read:
  389         337.408 Regulation of bus stops, benches, transit shelters,
  390  street light poles, waste disposal receptacles, and modular news
  391  racks within rights-of-way.—
  392         (3) Modular news racks, including advertising thereon, may
  393  be located within the right-of-way limits of any municipal,
  394  county, or state road, except a limited access highway, if
  395  provided the municipal government within whose incorporated
  396  limits such racks are installed or the county government within
  397  whose unincorporated limits such racks are installed has passed
  398  an ordinance regulating the placement of modular news racks
  399  within the right-of-way and has authorized a qualified private
  400  supplier of modular news racks to provide such service. The
  401  modular news rack or advertising thereon may shall not exceed a
  402  height of 105 56 inches or a total advertising space of 56
  403  square feet. No later than 45 days before prior to installation
  404  of modular news racks, the private supplier must shall provide a
  405  map of proposed locations and typical installation plans to the
  406  department for approval. If the department does not respond
  407  within 45 days after receipt of the submitted plans,
  408  installation may proceed.
  409         Section 14. Paragraph (a) of subsection (1) of section
  410  338.223, Florida Statutes, is amended to read:
  411         338.223 Proposed turnpike projects.—
  412         (1)(a) Any proposed project to be constructed or acquired
  413  as part of the turnpike system and any turnpike improvement must
  414  shall be included in the tentative work program. A proposed
  415  project or group of proposed projects may not be added to the
  416  turnpike system unless such project or projects are determined
  417  to be economically feasible and a statement of environmental
  418  feasibility has been completed for such project or projects and
  419  such projects are determined to be consistent, to the maximum
  420  extent feasible, with approved local government comprehensive
  421  plans of the local governments in which such projects are
  422  located. The department may authorize engineering studies,
  423  traffic studies, environmental studies, and other expert studies
  424  of the location, costs, economic feasibility, and practicality
  425  of proposed turnpike projects throughout this the state and may
  426  proceed with the design phase of such projects. The department
  427  may not request legislative approval of a proposed turnpike
  428  project until the design phase of that project is at least 30
  429  percent complete. If a proposed project or group of proposed
  430  projects is found to be economically feasible, consistent, to
  431  the maximum extent feasible, with approved local government
  432  comprehensive plans of the local governments in which such
  433  projects are located, and a favorable statement of environmental
  434  feasibility has been completed, the department, with the
  435  approval of the Legislature, must shall, after the receipt of
  436  all necessary permits, construct, maintain, and operate such
  437  turnpike projects.
  438         Section 15. Paragraph (a) of subsection (2), subsection
  439  (6), paragraphs (a) and (b) of subsection (7), paragraphs (a)
  440  and (c) of subsection (8), and paragraph (c) of subsection (11)
  441  of section 339.175, Florida Statutes, are amended, and paragraph
  442  (d) is added to subsection (11) of that section, to read:
  443         339.175 Metropolitan planning organization.—
  444         (2) DESIGNATION.—
  445         (a)1. An M.P.O. shall be designated for each urbanized area
  446  of the state; however, this does not require that an individual
  447  M.P.O. be designated for each such area. Such designation shall
  448  be accomplished by agreement between the Governor and units of
  449  general-purpose local government representing at least 75
  450  percent of the population of the urbanized area; however, the
  451  unit of general-purpose local government that represents the
  452  central city or cities within the M.P.O. jurisdiction, as
  453  defined by the United States Bureau of the Census, must be a
  454  party to such agreement.
  455         2. To the extent possible, only one M.P.O. shall be
  456  designated for each urbanized area or group of contiguous
  457  urbanized areas. More than one M.P.O. may be designated within
  458  an existing urbanized area only if the Governor and the existing
  459  M.P.O. determine that the size and complexity of the existing
  460  urbanized area makes the designation of more than one M.P.O. for
  461  the area appropriate, in which case each M.P.O. designated for
  462  the area must:
  463         a.Consult with every other M.P.O. designated for the
  464  urbanized area and the state to coordinate plans and
  465  transportation improvement programs.
  466         b.Ensure, to the maximum extent practicable, the
  467  consistency of data used in the planning process, including data
  468  used in forecasting travel demand within the area.
  469  
  470  Each M.P.O. required under this section must be fully operative
  471  no later than 6 months following its designation.
  472         (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
  473  privileges, and authority of an M.P.O. are those specified in
  474  this section or incorporated in an interlocal agreement
  475  authorized under s. 163.01. Each M.P.O. shall perform all acts
  476  required by federal or state laws or rules, now and subsequently
  477  applicable, which are necessary to qualify for federal aid. It
  478  is the intent of this section that each M.P.O. shall be involved
  479  in the planning and programming of transportation facilities,
  480  including, but not limited to, airports, intercity and high
  481  speed rail lines, seaports, and intermodal facilities, to the
  482  extent permitted by state or federal law. An M.P.O. may not
  483  perform project production or delivery for capital improvement
  484  projects on the State Highway System.
  485         (a) Each M.P.O. shall, in cooperation with the department,
  486  develop:
  487         1. A long-range transportation plan pursuant to the
  488  requirements of subsection (7).;
  489         2. An annually updated transportation improvement program
  490  pursuant to the requirements of subsection (8).; and
  491         3. An annual unified planning work program pursuant to the
  492  requirements of subsection (9).
  493         (b) In developing the long-range transportation plan and
  494  the transportation improvement program required under paragraph
  495  (a), each M.P.O. shall provide for consideration of projects and
  496  strategies that will:
  497         1. Support the economic vitality of the contiguous
  498  urbanized metropolitan area, especially by enabling global
  499  competitiveness, productivity, and efficiency.;
  500         2. Increase the safety and security of the transportation
  501  system for motorized and nonmotorized users.;
  502         3. Increase the accessibility and mobility options
  503  available to people and for freight.;
  504         4. Protect and enhance the environment, promote energy
  505  conservation, and improve quality of life.;
  506         5. Enhance the integration and connectivity of the
  507  transportation system, across and between modes and contiguous
  508  urbanized metropolitan areas, for people and freight.;
  509         6. Promote efficient system management and operation.; and
  510         7. Emphasize the preservation of the existing
  511  transportation system.
  512         8.Improve the resilience of transportation infrastructure.
  513         (c) In order to provide recommendations to the department
  514  and local governmental entities regarding transportation plans
  515  and programs, each M.P.O. shall:
  516         1. Prepare a congestion management system for the
  517  contiguous urbanized metropolitan area and cooperate with the
  518  department in the development of all other transportation
  519  management systems required by state or federal law.;
  520         2. Assist the department in mapping transportation planning
  521  boundaries required by state or federal law.;
  522         3. Assist the department in performing its duties relating
  523  to access management, functional classification of roads, and
  524  data collection.;
  525         4. Execute all agreements or certifications necessary to
  526  comply with applicable state or federal law.;
  527         5. Represent all the jurisdictional areas within the
  528  metropolitan area in the formulation of transportation plans and
  529  programs required by this section.; and
  530         6. Perform all other duties required by state or federal
  531  law.
  532         (d) Each M.P.O. shall appoint a technical advisory
  533  committee, the members of which shall serve at the pleasure of
  534  the M.P.O. The membership of the technical advisory committee
  535  must include, whenever possible, planners; engineers;
  536  representatives of local aviation authorities, intermodal
  537  logistics centers, port authorities, and public transit
  538  authorities or representatives of aviation departments, seaport
  539  departments, and public transit departments of municipal or
  540  county governments, as applicable; the school superintendent of
  541  each county within the jurisdiction of the M.P.O. or the
  542  superintendent’s designee; and other appropriate representatives
  543  of affected local governments. For each M.P.O. whose voting
  544  membership is governed by paragraph (3)(a), when selecting the
  545  membership of the technical advisory committee, the M.P.O. must
  546  consider the proportional representation of the area’s
  547  population. In addition to any other duties assigned to it by
  548  the M.P.O. or by state or federal law, the technical advisory
  549  committee is responsible for considering safe access to schools
  550  in its review of transportation project priorities, long-range
  551  transportation plans, and transportation improvement programs,
  552  and shall advise the M.P.O. on such matters. In addition, the
  553  technical advisory committee shall coordinate its actions with
  554  local school boards and other local programs and organizations
  555  within the metropolitan area which participate in school safety
  556  activities, such as locally established community traffic safety
  557  teams. Local school boards must provide the appropriate M.P.O.
  558  with information concerning future school sites and in the
  559  coordination of transportation service.
  560         (e)1. Each M.P.O. shall appoint a citizens’ advisory
  561  committee, the members of which serve at the pleasure of the
  562  M.P.O. The membership on the citizens’ advisory committee must
  563  reflect a broad cross-section of local residents with an
  564  interest in the development of an efficient, safe, and cost
  565  effective transportation system. Minorities, the elderly, and
  566  the handicapped must be adequately represented.
  567         2. Notwithstanding the provisions of subparagraph 1., an
  568  M.P.O. may, with the approval of the department and the
  569  applicable federal governmental agency, adopt an alternative
  570  program or mechanism to ensure citizen involvement in the
  571  transportation planning process.
  572         (f) The department shall allocate to each M.P.O., for the
  573  purpose of accomplishing its transportation planning and
  574  programming duties, an appropriate amount of federal
  575  transportation planning funds.
  576         (g) Each M.P.O. shall have an executive or staff director
  577  who reports directly to the M.P.O. governing board for all
  578  matters regarding the administration and operation of the M.P.O.
  579  and any additional personnel as deemed necessary. The executive
  580  director and any additional personnel may be employed either by
  581  an M.P.O. or by another governmental entity, such as a county,
  582  city, or regional planning council, that has a staff services
  583  agreement signed and in effect with the M.P.O. Each M.P.O. may
  584  enter into contracts with local or state agencies, private
  585  planning firms, private engineering firms, or other public or
  586  private entities to accomplish its transportation planning and
  587  programming duties and administrative functions.
  588         (h) In order to enhance their knowledge, effectiveness, and
  589  participation in the urbanized area transportation planning
  590  process, each M.P.O. shall provide training opportunities and
  591  training funds specifically for local elected officials and
  592  others who serve on an M.P.O. The training opportunities may be
  593  conducted by an individual M.P.O. or through statewide and
  594  federal training programs and initiatives that are specifically
  595  designed to meet the needs of M.P.O. board members.
  596         (i) By December 31, 2023, There is created the Chairs
  597  Coordinating Committee, composed of the M.P.O.’s serving Citrus,
  598  Hernando, Hillsborough, Manatee, Pasco, and Pinellas, Polk, and
  599  Sarasota Counties must submit a feasibility report to the
  600  Governor, the President of the Senate, and the Speaker of the
  601  House of Representatives exploring the benefits, costs, and
  602  process of consolidation into a single M.P.O. serving the
  603  contiguous urbanized metropolitan area, the goal of which would
  604  be to. The committee must, at a minimum:
  605         1. Coordinate transportation projects deemed to be
  606  regionally significant by the committee.
  607         2. Review the impact of regionally significant land use
  608  decisions on the region.
  609         3. Review all proposed regionally significant
  610  transportation projects in the respective transportation
  611  improvement programs which affect more than one of the M.P.O.’s
  612  represented on the committee.
  613         4.Institute a conflict resolution process to address any
  614  conflict that may arise in the planning and programming of such
  615  regionally significant projects.
  616         (j)1. The Legislature finds that the state’s rapid growth
  617  in recent decades has caused many urbanized areas subject to
  618  M.P.O. jurisdiction to become contiguous to each other. As a
  619  result, various transportation projects may cross from the
  620  jurisdiction of one M.P.O. into the jurisdiction of another
  621  M.P.O. To more fully accomplish the purposes for which M.P.O.’s
  622  have been mandated, M.P.O.’s shall develop coordination
  623  mechanisms with one another to expand and improve transportation
  624  within the state. The appropriate method of coordination between
  625  M.P.O.’s shall vary depending upon the project involved and
  626  given local and regional needs. Consequently, it is appropriate
  627  to set forth a flexible methodology that can be used by M.P.O.’s
  628  to coordinate with other M.P.O.’s and appropriate political
  629  subdivisions as circumstances demand.
  630         2. Any M.P.O. may join with any other M.P.O. or any
  631  individual political subdivision to coordinate activities or to
  632  achieve any federal or state transportation planning or
  633  development goals or purposes consistent with federal or state
  634  law. When an M.P.O. determines that it is appropriate to join
  635  with another M.P.O. or any political subdivision to coordinate
  636  activities, the M.P.O. or political subdivision shall enter into
  637  an interlocal agreement pursuant to s. 163.01, which, at a
  638  minimum, creates a separate legal or administrative entity to
  639  coordinate the transportation planning or development activities
  640  required to achieve the goal or purpose; provides the purpose
  641  for which the entity is created; provides the duration of the
  642  agreement and the entity and specifies how the agreement may be
  643  terminated, modified, or rescinded; describes the precise
  644  organization of the entity, including who has voting rights on
  645  the governing board, whether alternative voting members are
  646  provided for, how voting members are appointed, and what the
  647  relative voting strength is for each constituent M.P.O. or
  648  political subdivision; provides the manner in which the parties
  649  to the agreement will provide for the financial support of the
  650  entity and payment of costs and expenses of the entity; provides
  651  the manner in which funds may be paid to and disbursed from the
  652  entity; and provides how members of the entity will resolve
  653  disagreements regarding interpretation of the interlocal
  654  agreement or disputes relating to the operation of the entity.
  655  Such interlocal agreement shall become effective upon its
  656  recordation in the official public records of each county in
  657  which a member of the entity created by the interlocal agreement
  658  has a voting member. Multiple This paragraph does not require
  659  any M.P.O.’s may to merge, combine, or otherwise join together
  660  as a single M.P.O.
  661         (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
  662  develop a long-range transportation plan that addresses at least
  663  a 20-year planning horizon. The plan must include both long
  664  range and short-range strategies and must comply with all other
  665  state and federal requirements. The prevailing principles to be
  666  considered in the long-range transportation plan are: preserving
  667  the existing transportation infrastructure; enhancing Florida’s
  668  economic competitiveness; and improving travel choices to ensure
  669  mobility. The long-range transportation plan must be consistent,
  670  to the maximum extent feasible, with future land use elements
  671  and the goals, objectives, and policies of the approved local
  672  government comprehensive plans of the units of local government
  673  located within the jurisdiction of the M.P.O. Each M.P.O. is
  674  encouraged to consider strategies that integrate transportation
  675  and land use planning to provide for sustainable development and
  676  reduce greenhouse gas emissions. The approved long-range
  677  transportation plan must be considered by local governments in
  678  the development of the transportation elements in local
  679  government comprehensive plans and any amendments thereto. The
  680  long-range transportation plan must, at a minimum:
  681         (a) Identify transportation facilities, including, but not
  682  limited to, major roadways, airports, seaports, spaceports,
  683  commuter rail systems, transit systems, and intermodal or
  684  multimodal terminals that will function as an integrated
  685  metropolitan transportation system. The long-range
  686  transportation plan must give emphasis to those transportation
  687  facilities that serve national, statewide, or regional
  688  functions, and must consider the goals and objectives identified
  689  in the Florida Transportation Plan as provided in s. 339.155. If
  690  a project is located within the boundaries of more than one
  691  M.P.O., the M.P.O.’s must coordinate plans regarding the project
  692  in the long-range transportation plan. Multiple M.P.O.’s within
  693  a contiguous urbanized area must coordinate the development of
  694  long-range transportation plans to be reviewed by the
  695  Metropolitan Planning Organization Advisory Council.
  696         (b) Include a financial plan that demonstrates how the plan
  697  can be implemented, indicating resources from public and private
  698  sources which are reasonably expected to be available to carry
  699  out the plan, and recommends any additional financing strategies
  700  for needed projects and programs. The financial plan may
  701  include, for illustrative purposes, additional projects that
  702  would be included in the adopted long-range transportation plan
  703  if reasonable additional resources beyond those identified in
  704  the financial plan were available. For the purpose of developing
  705  the long-range transportation plan, the M.P.O. and the
  706  department shall cooperatively develop estimates of funds that
  707  will be available to support the plan implementation. Innovative
  708  financing techniques may be used to fund needed projects and
  709  programs. Such techniques may include the assessment of tolls,
  710  the use of value capture financing, or the use of value pricing.
  711  Multiple M.P.O.’s within a contiguous urbanized area must
  712  ensure, to the maximum extent possible, the consistency of data
  713  used in the planning process.
  714  
  715  In the development of its long-range transportation plan, each
  716  M.P.O. must provide the public, affected public agencies,
  717  representatives of transportation agency employees, freight
  718  shippers, providers of freight transportation services, private
  719  providers of transportation, representatives of users of public
  720  transit, and other interested parties with a reasonable
  721  opportunity to comment on the long-range transportation plan.
  722  The long-range transportation plan must be approved by the
  723  M.P.O.
  724         (8) TRANSPORTATION IMPROVEMENT PROGRAM.—Each M.P.O. shall,
  725  in cooperation with the state and affected public transportation
  726  operators, develop a transportation improvement program for the
  727  area within the jurisdiction of the M.P.O. In the development of
  728  the transportation improvement program, each M.P.O. must provide
  729  the public, affected public agencies, representatives of
  730  transportation agency employees, freight shippers, providers of
  731  freight transportation services, private providers of
  732  transportation, representatives of users of public transit, and
  733  other interested parties with a reasonable opportunity to
  734  comment on the proposed transportation improvement program.
  735         (a) Each M.P.O. is responsible for developing, annually, a
  736  list of project priorities and a transportation improvement
  737  program. The prevailing principles to be considered by each
  738  M.P.O. when developing a list of project priorities and a
  739  transportation improvement program are: preserving the existing
  740  transportation infrastructure; enhancing Florida’s economic
  741  competitiveness; and improving travel choices to ensure safety
  742  and mobility. The transportation improvement program will be
  743  used to initiate federally aided transportation facilities and
  744  improvements as well as other transportation facilities and
  745  improvements including transit, rail, aviation, spaceport, and
  746  port facilities to be funded from the State Transportation Trust
  747  Fund within its metropolitan area in accordance with existing
  748  and subsequent federal and state laws and rules and regulations
  749  related thereto. The transportation improvement program shall be
  750  consistent, to the maximum extent feasible, with the approved
  751  local government comprehensive plans of the units of local
  752  government whose boundaries are within the metropolitan area of
  753  the M.P.O. and include those projects programmed pursuant to s.
  754  339.2819(4). Multiple M.P.O.’s within a contiguous urbanized
  755  area must coordinate transportation improvement programs.
  756         (c) The transportation improvement program must, at a
  757  minimum:
  758         1. Include projects and project phases to be funded with
  759  state or federal funds within the time period of the
  760  transportation improvement program and which are recommended for
  761  advancement during the next fiscal year and 4 subsequent fiscal
  762  years. Such projects and project phases must be consistent, to
  763  the maximum extent feasible, with the approved local government
  764  comprehensive plans of the units of local government located
  765  within the jurisdiction of the M.P.O. For informational
  766  purposes, the transportation improvement program shall also
  767  include a list of projects to be funded from local or private
  768  revenues.
  769         2. Include projects within the metropolitan area which are
  770  proposed for funding under 23 U.S.C. s. 134 of the Federal
  771  Transit Act and which are consistent with the long-range
  772  transportation plan developed under subsection (7).
  773         3. Provide a financial plan that demonstrates how the
  774  transportation improvement program can be implemented; indicates
  775  the resources, both public and private, that are reasonably
  776  expected to be available to accomplish the program; identifies
  777  any innovative financing techniques that may be used to fund
  778  needed projects and programs; and may include, for illustrative
  779  purposes, additional projects that would be included in the
  780  approved transportation improvement program if reasonable
  781  additional resources beyond those identified in the financial
  782  plan were available. Innovative financing techniques may include
  783  the assessment of tolls, the use of value capture financing, or
  784  the use of value pricing. The transportation improvement program
  785  may include a project or project phase only if full funding can
  786  reasonably be anticipated to be available for the project or
  787  project phase within the time period contemplated for completion
  788  of the project or project phase.
  789         4. Group projects and project phases of similar urgency and
  790  anticipated staging into appropriate staging periods.
  791         5. Indicate how the transportation improvement program
  792  relates to the long-range transportation plan developed under
  793  subsection (7), including providing examples of specific
  794  projects or project phases that further the goals and policies
  795  of the long-range transportation plan.
  796         6. Indicate whether any project or project phase is
  797  inconsistent with an approved comprehensive plan of a unit of
  798  local government located within the jurisdiction of the M.P.O.
  799  If a project is inconsistent with an affected comprehensive
  800  plan, the M.P.O. must provide justification for including the
  801  project in the transportation improvement program.
  802         7. Indicate how the improvements are consistent, to the
  803  maximum extent feasible, with affected seaport, airport, and
  804  spaceport master plans and with public transit development plans
  805  of the units of local government located within the jurisdiction
  806  of the M.P.O. If a project is located within the boundaries of
  807  more than one M.P.O., the M.P.O.’s must coordinate plans
  808  regarding the project in the transportation improvement program.
  809         8.Indicate coordination or alignment with transportation
  810  improvement plans of other M.P.O.’s within the contiguous
  811  urbanized area.
  812         (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—
  813         (c) The powers and duties of the Metropolitan Planning
  814  Organization Advisory Council are to:
  815         1.Enter into contracts with individuals, private
  816  corporations, and public agencies.
  817         2.Acquire, own, operate, maintain, sell, or lease personal
  818  property essential for the conduct of business.
  819         3.Accept funds, grants, assistance, gifts, or bequests
  820  from private, local, state, or federal sources.
  821         1.4. Establish bylaws by action of its governing board
  822  providing procedural rules to guide its proceedings and
  823  consideration of matters before the council, or, alternatively,
  824  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
  825  provisions of law conferring powers or duties upon it.
  826         2.5. Assist M.P.O.’s in carrying out the urbanized area
  827  transportation planning process by serving as the principal
  828  forum for collective policy discussion pursuant to law.
  829         3.6. Serve as a clearinghouse for review and comment by
  830  M.P.O.’s on the Florida Transportation Plan and on other issues
  831  required to comply with federal or state law in carrying out the
  832  urbanized area transportation and systematic planning processes
  833  instituted pursuant to s. 339.155. The council must also report
  834  annually to the Florida Transportation Commission on the
  835  alignment of M.P.O. long-range transportation plans with the
  836  Florida Transportation Plan.
  837         4.7. Employ an executive director and such other staff as
  838  necessary to perform adequately the functions of the council,
  839  within budgetary limitations. The executive director and staff
  840  are exempt from part II of chapter 110 and serve at the
  841  direction and control of the council. The council is assigned to
  842  the Office of the Secretary of the Department of Transportation
  843  for fiscal and accountability purposes, but it shall otherwise
  844  function independently of the control and direction of the
  845  department.
  846         5.Deliver training on federal and state program
  847  requirements and procedures to M.P.O. board members and M.P.O.
  848  staff.
  849         6.8. Adopt an agency strategic plan that prioritizes steps
  850  the agency will take to carry out its mission within the context
  851  of the state comprehensive plan and any other statutory mandates
  852  and directives.
  853         (d)The Metropolitan Planning Organization Advisory Council
  854  may enter into contracts in accordance with chapter 287 to
  855  support the activities described in paragraph (c). Lobbying and
  856  the acceptance of funds, grants, assistance, gifts, or bequests
  857  from private, local, state, or federal sources are prohibited.
  858         Section 16. Section 339.651, Florida Statutes, is created
  859  to read:
  860         339.651Strategic Intermodal System supply chain demands.—
  861         (1)The Legislature finds that Strategic Intermodal System
  862  components described in s. 339.62 ensure a multimodal
  863  transportation system; that the Strategic Intermodal System is a
  864  critical network supporting economic activities and the
  865  transport of people and goods; and that the Strategic Intermodal
  866  System is instrumental in the movement of road-building
  867  materials for infrastructure investments. The Legislature
  868  further finds that Florida’s rapid economic and population
  869  growth can compound supply chain demands on the transportation
  870  system, and that the demand for construction aggregate continues
  871  to outpace supply.
  872         (2)The department shall specifically address in its
  873  transportation plans, including the Florida Transportation Plan
  874  and the Strategic Intermodal System Plan, movement and storage
  875  of construction aggregate materials essential for building
  876  roadways.
  877         (3)The department shall make available up to $20 million
  878  each year for fiscal years 2023-2024 through 2027-2028 to fund
  879  projects that meet the public purpose of providing increased
  880  capacity and enhanced capabilities to move and store
  881  construction aggregate. Applicants eligible for project funding
  882  under this section include seaports listed in s. 311.09 and rail
  883  lines and rail facilities.
  884         (4)The department shall consider, but is not limited to,
  885  the following criteria when evaluating projects for assistance
  886  under this section:
  887         (a)The ability of the project to serve the strategic state
  888  interest of mitigating supply-chain demands for construction
  889  aggregate sufficient to ensure ongoing improvement of the
  890  Strategic Intermodal System and the state’s entire
  891  transportation network.
  892         (b)The ability of the project to facilitate the cost
  893  effective and efficient movement and storage of construction
  894  aggregate.
  895         (c)The extent to which the project efficiently interacts
  896  with and supports the transportation network.
  897         (d)A commitment of a funding match, which may be
  898  investments or commitments made by the owner or developer of the
  899  existing or proposed facility that facilitates or will
  900  facilitate the movement and storage of construction aggregate,
  901  local financial support or commitment, or a combination of both.
  902  Projects with a funding match must be prioritized based on the
  903  amount of the match and must be prioritized over projects having
  904  no such funding match.
  905         (5)The department shall give funding priority to projects
  906  creating new supply chains or closing existing supply chain
  907  gaps. The State Transportation Trust Fund may fund up to 100
  908  percent of the cost of a project selected based on the criteria
  909  specified in this section.
  910         (6)The department may adopt rules to implement this
  911  section.
  912         (7)This section is repealed July 1, 2028, unless reviewed
  913  and saved from repeal through reenactment by the Legislature.
  914         Section 17. Section 339.84, Florida Statutes, is created to
  915  read:
  916         339.84Workforce development.—Beginning in the 2023-2024
  917  fiscal year and annually thereafter for 5 years, $5 million
  918  shall be allocated from the State Transportation Trust Fund to
  919  the workforce development program as provided in s. 334.044(35)
  920  to promote career paths in this state’s road and bridge
  921  industry.
  922         Section 18. Section 354.01, Florida Statutes, is amended to
  923  read:
  924         354.01 Appointment of Special officers.—A railroad police
  925  officer Upon the application of any railroad or other common
  926  carrier doing business in this state, the Governor shall appoint
  927  one or more persons who has have met the law enforcement officer
  928  qualifications and training requirements of ss. 943.13 and
  929  943.135(1) shall be recognized as a special officer s. 943.13 as
  930  special officers for the protection and safety of any railroad
  931  or other common carrier doing business in this state such
  932  carriers; its their passengers and employees; and the property
  933  of such carrier carriers, passengers, and employees. A special
  934  officer is not considered a law enforcement officer except for
  935  purposes of ss. 943.085-943.255 However, until the Governor
  936  either appoints or rejects the application for appointment of a
  937  person as a special officer, the railroad or common carrier may
  938  temporarily employ the person as a special officer if he or she
  939  complies with the qualifications for employment as a law
  940  enforcement officer in s. 943.13. Notwithstanding any other
  941  provision of law, a special officer must have the same training
  942  as a law enforcement officer in accordance with ss. 943.13 and
  943  943.135(1). A Class I, Class II, or Class III railroad shall be
  944  considered an employing agency for purposes of ss. 943.10,
  945  943.13, and 943.135(1) ss. 943.13 and 943.135(1), and shall pay
  946  all costs associated with the training and continuing education
  947  of employed special officers.
  948         Section 19. Section 354.02, Florida Statutes, is amended to
  949  read:
  950         354.02 Powers.—Each special officer shall have and exercise
  951  Throughout every county in which the common carrier for which he
  952  or she is employed does business, operates, or owns property, a
  953  special officer may arrest a person who has violated was
  954  appointed, shall do business, operate, or own property, the
  955  power to make arrests for violation of law on the property of
  956  such common carrier, and to arrest persons, whether on or off
  957  such carrier’s property, violating any law on such carrier’s
  958  property, whether the arrest occurs on or off such carrier’s
  959  property, under the same conditions under which a deputy sheriff
  960  sheriffs may by law make arrests, and may shall have authority
  961  to carry weapons for the reasonable purpose of his or her office
  962  their offices.
  963         Section 20. Section 354.05, Florida Statutes, is amended to
  964  read:
  965         354.05 Term of office; removal.—The commission of a special
  966  officer officers provided for herein shall be commissioned by
  967  the Governor, and their commissions shall continue so long as he
  968  or she is they are employed in such capacity by the railroad or
  969  other common carrier. However, a special officer may; but they
  970  shall be removed by the Governor at any time, in the manner and
  971  for the causes provided by law.
  972         Section 21. Paragraph (f) of subsection (1) of section
  973  784.07, Florida Statutes, is amended to read:
  974         784.07 Assault or battery of law enforcement officers,
  975  firefighters, emergency medical care providers, public transit
  976  employees or agents, or other specified officers;
  977  reclassification of offenses; minimum sentences.—
  978         (1) As used in this section, the term:
  979         (f) “Railroad special officer” means a person employed by a
  980  Class I, Class II, or Class III railroad and appointed or
  981  pending appointment by the Governor pursuant to s. 354.01.
  982         Section 22. Subsections (1) and (4) of section 943.10,
  983  Florida Statutes, are amended to read:
  984         943.10 Definitions; ss. 943.085-943.255.—The following
  985  words and phrases as used in ss. 943.085-943.255 are defined as
  986  follows:
  987         (1) “Law enforcement officer” means any person who is
  988  elected, appointed, or employed full time by any municipality or
  989  the state or any political subdivision thereof; who is vested
  990  with authority to bear arms and make arrests; and whose primary
  991  responsibility is the prevention and detection of crime or the
  992  enforcement of the penal, criminal, traffic, or highway laws of
  993  the state. The term This definition includes all certified
  994  supervisory and command personnel whose duties include, in whole
  995  or in part, the supervision, training, guidance, and management
  996  responsibilities of full-time law enforcement officers, part
  997  time law enforcement officers, or auxiliary law enforcement
  998  officers but does not include support personnel employed by the
  999  employing agency. The term also includes a special officer
 1000  employed by a Class I, Class II, or Class III railroad pursuant
 1001  to s. 354.01.
 1002         (4) “Employing agency” means any agency or unit of
 1003  government or any municipality or the state or any political
 1004  subdivision thereof, or any agent thereof, which has
 1005  constitutional or statutory authority to employ or appoint
 1006  persons as officers. The term also includes any private entity
 1007  that which has contracted with the state or county for the
 1008  operation and maintenance of a nonjuvenile detention facility.
 1009  The term also includes a Class I, Class II, or Class III
 1010  railroad that employs special officers pursuant to s. 354.01.
 1011         Section 23. Except as otherwise expressly provided in this
 1012  act, this act shall take effect July 1, 2023.
 1013  
 1014  ================= T I T L E  A M E N D M E N T ================
 1015  And the title is amended as follows:
 1016         Delete everything before the enacting clause
 1017  and insert:
 1018                        A bill to be entitled                      
 1019         An act relating to transportation; amending s.
 1020         316.126, F.S.; requiring the driver of a vehicle to
 1021         perform certain actions in the presence of a disabled
 1022         motor vehicle under certain circumstances; providing
 1023         penalties; reenacting s. 318.18(2)(d), F.S., relating
 1024         to the amount of certain penalties, to incorporate the
 1025         amendment made to s. 316.126, F.S., in a reference
 1026         thereto; creating s. 316.83, F.S.; requiring the
 1027         Department of Transportation to coordinate with
 1028         certain entities to establish certain standards
 1029         relating to grading certain roads’ compatibility with
 1030         the operation of autonomous vehicles; requiring the
 1031         department to consider certain factors in establishing
 1032         such standards; requiring such standards to be
 1033         incorporated into standards for certain transportation
 1034         projects; amending s. 333.03, F.S.; requiring
 1035         political subdivisions to consider certain factors in
 1036         airport land use compatibility zoning regulations;
 1037         authorizing certain airport owners to establish noise
 1038         contours pursuant to a specified study accepted by the
 1039         Federal Aviation Administration; authorizing
 1040         mitigation of potential incompatible uses if a noise
 1041         study has not been conducted; amending s. 334.044,
 1042         F.S.; revising the department’s powers and duties
 1043         regarding a workforce development program; creating s.
 1044         334.066, F.S.; establishing the Implementing Solutions
 1045         from Transportation Research and Evaluating Emerging
 1046         Technologies Living Lab (I-STREET) within the
 1047         University of Florida; specifying requirements for I
 1048         STREET; creating an advisory board to review and
 1049         advise I-STREET; specifying the composition of the
 1050         advisory board; amending s. 334.179, F.S.; revising
 1051         the definition of the term “certified for use” in
 1052         regard to permissible use of aggregates; prohibiting a
 1053         producer from certifying shipments of aggregates that
 1054         are not in compliance with department rules; creating
 1055         s. 334.181, F.S.; requiring a local governmental
 1056         entity to accept an electronic proof of delivery as an
 1057         official record for a material delivery on the local
 1058         governmental entity’s transportation project; amending
 1059         s. 337.11, F.S.; requiring that contracts let by the
 1060         department for performance of bridge construction or
 1061         maintenance over navigable waters contain certain
 1062         insurance requirements; requiring the department to
 1063         implement and track strategies to reduce the cost of
 1064         projects while ensuring that such projects meet
 1065         federal and state standards; authorizing the
 1066         department to share a portion of cost savings with
 1067         certain consultants under specified circumstances;
 1068         providing that payments to consultants may not exceed
 1069         a specified amount; amending s. 337.1101, F.S.;
 1070         revising the calculation of a certain settlement paid
 1071         to a nonselected responsive bidder which requires the
 1072         department to maintain certain records and provide
 1073         certain notices to the Legislature and the Attorney
 1074         General; amending s. 337.14, F.S.; increasing the
 1075         proposed budget estimates of construction contracts
 1076         for which an applying contractor may submit certain
 1077         financial statements; revising procedures relating to
 1078         certificates of qualification issued by the department
 1079         to construction contractors seeking certification to
 1080         bid on certain contracts; amending s. 337.168, F.S.;
 1081         deleting a public records exemption for certain
 1082         documents that reveal the identity of a potential
 1083         bidder; amending s. 337.408, F.S.; specifying the
 1084         maximum height of modular news racks and advertising
 1085         thereon; amending s. 338.223, F.S.; deleting a
 1086         requirement regarding the department’s request for
 1087         legislative approval of proposed turnpike projects;
 1088         amending s. 339.175, F.S.; providing requirements for
 1089         multiple M.P.O.’s designated for a single area;
 1090         prohibiting an M.P.O. from performing project
 1091         production or delivery for certain projects; revising
 1092         duties of an M.P.O.; revising membership of an
 1093         M.P.O.’s technical advisory committee; requiring the
 1094         M.P.O.’s serving certain counties to submit a report
 1095         to the Governor and Legislature by a specified date;
 1096         deleting obsolete provisions; authorizing multiple
 1097         M.P.O.’s to merge into a single M.P.O.; requiring
 1098         multiple M.P.O.’s within a contiguous urbanized area
 1099         to coordinate plans and transportation improvement
 1100         programs and ensure consistency of certain data;
 1101         requiring an M.P.O.’s transportation improvement
 1102         program to indicate coordination with transportation
 1103         improvement plans of other M.P.O.’s within a
 1104         contiguous urbanized area; revising powers and duties
 1105         of the Metropolitan Planning Organization Advisory
 1106         Council; authorizing the council to enter into certain
 1107         contracts; providing prohibitions; creating s.
 1108         339.651, F.S.; providing legislative findings;
 1109         requiring the department to specifically address
 1110         movement and storage of construction aggregate
 1111         materials in transportation plans; requiring specified
 1112         funding for certain projects; providing considerations
 1113         for funding; requiring priority to be given to certain
 1114         projects; specifying the funding level authorized from
 1115         the State Transportation Trust Fund; authorizing
 1116         rulemaking; providing for future repeal; creating s.
 1117         339.84, F.S.; requiring a specified amount to be
 1118         allocated to the workforce development program for
 1119         specified purposes; amending s. 354.01, F.S.;
 1120         requiring certain railroad police officers to be
 1121         recognized as special officers for certain purposes;
 1122         providing construction; removing provisions requiring
 1123         the Governor to appoint special officers; amending s.
 1124         354.02, F.S.; revising the powers of a special
 1125         officer; amending s. 354.05, F.S.; revising how a
 1126         special officer may be removed from employment;
 1127         amending s. 784.07, F.S.; revising the definition of
 1128         the term “railroad special officer”; amending s.
 1129         943.10, F.S.; revising the definition of the terms
 1130         “law enforcement officer” and “employing agency”;
 1131         providing effective dates.