HB 567 — Transportation

revising requirements for selection and award of phased design-builddesign- build contracts;

removing provisions relating to design-build and phased design-design-build build contracts and construction;

requiring contracts Pageto 2contain ofprotection 42and CODING:indemnity coverage;

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hb567-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 567 2025 to contain protection and indemnity coverage;

337.1101, F.S.;

prohibiting the department from creating a new contract that is not competitively procured;

amending s.

authorizing the department to waive certain requirements for push-buttonpush- button or task work order contracts;

revising thePage timeframe3 inof which85 certainCODING: suits by and against the department must commence;

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 the timeframe in which certain suits by and against the department must commence;

337.401, F.S.;

requiring certain underground utilities to be electronically detectable by specified techniques;

requiring the utility owner to pay certain reasonable damages and reimburse certain costs;

defining the term "as-built plans";

amending s.

337.403, F.S.;

authorizing the department to provide an incentive to specified utility owners under certain circumstances;

providing requirements for department rules and procedures for engaging with utility owners;

requiring the department to grant an extension to the utility relocation schedule during a state of emergency;

authorizing the department to give final notice if the utility owner does not initiate work within a specified timeframe;

authorizing the department to withhold amounts due or exercise injunctive relief under certain circumstances;

providing that the utility owner is liable to the department for certain damages;

amending s.

revising projects and strategies to be considered in developing an M.P.O.'s long-range transportation plan and transportation improvement program;Page 4 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 program;

requiring the department to convene M.P.O.'s of similar size to exchange best practices;

governing board members to be provided by the department or another Pagespecified 3entity; of 42 CODING:

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hb567-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 567 2025 specified entity;

including public-public-private private partnerships in authorized financing techniques;

providing that the department is responsible for scheduling projects in the state transportation improvement program in collaboration with the M.P.O.'s;

requiring the department,department in collaboration with each M.P.O., to prioritize certain Strategic Intermodal System highway corridor projects;

authorizing the department to expend certain funds for grantsPage for5 the purchase of certain85 equipmentCODING: within a specified timeframe;

providing requirements for grant Page 4 of 42 CODING:

hb567-02-c2hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 567 2025 recipients;grants for the purchase of certain equipment within a specified timeframe;

providing requirements for grant recipients;

creatingamending s.ss.

339.85,202.20, 331.310, and 610.106, F.S.;

requiringconforming thecross- departmentreferences; to implement the Next- generation Traffic Signal Modernization Program;

providing requirements for such program;

amending s.

331.310, F.S.;

conforming a cross-reference;

amending s.

348.0304, F.S.;

revising qualifications to be a member of the governing body of the Greater Miami Expressway Agency;

PageSection 51. of 42 CODING:

Paragraph (d) of subsection (6) of section 212.20, Florida Statutes, is amended to read:

212.20 Funds collected, disposition;

additional powers of Page 6 of 85 CODING:

hb567-02-c2hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 567 2025 Sectiondepartment; 1.

Sectionoperational 218.3215,expense; Florida Statutes, is created to read:

218.3215refund Countyof transportationtaxes projects.—adjudicated (1)unconstitutionally Eachcollected.— county(6) shallDistribution annuallyof byall Januaryproceeds 15under reportthis tochapter the Office of Economic and Demographicss. Research the following information, by county fiscal year, for revenues received pursuant to s.

212.055(1),202.18(1)(b) forand the(2)(b) previousand county203.01(1)(a)3. fiscal year:

(a)is Theas totalfollows: proceeds from the surtax received by the county.

(b)(d) The amountproceeds allocatedof byall theother countytaxes forand roadfees andimposed bridgepursuant projects.to this chapter or remitted pursuant to s.

The202.18(1)(b) Office of Economic and Demographic(2)(b) Research,shall inbe consultationdistributed withas thefollows: Department of Transportation, must establish and define broad categories for reporting this information, including, but not limited to, widening, repair and rehabilitation, sidewalks, or payment or pledge of bonds for the construction of roads and bridges.

(c)1. The total expenditures for road and bridge projects, including by category established pursuant to paragraph (b).

(d)In Theany unexpendedfiscal balancesyear, the greater of funds$500 allocatedmillion, minus an amount equal to road4.6 percent of the proceeds of the taxes collected pursuant to chapter 201, or 5.2 percent of all other taxes and bridgefees projectsimposed bypursuant category.to this chapter or remitted pursuant to s.

(e)202.18(1)(b) Aand list(2)(b) ofshall currentbe roaddeposited andin bridgemonthly projects,installments includinginto the projectGeneral cost,Revenue location,Fund. and scope.

(f)2. The amount allocated by the county to all other authorized uses of the proceeds from the surtax, excluding road and bridge projects and the payment or pledge of bonds for the Page 6 of 42 CODING:

After the distribution under subparagraph 1., 8.9744 percent of the amount remitted by a sales tax dealer located within a participating county pursuant to s.

218.61 shall be transferred into the Local Government Half-cent Sales Tax Clearing Trust Fund.

Beginning July 1, 2003, the amount to be transferred shall be reduced by 0.1 percent, and the department shall distribute this amount to the Public Employees Relations Commission Trust Fund less $5,000 each month, which shall be added to the amount calculated in subparagraph 3.

and distributed accordingly.

3.

After the distribution under subparagraphs 1.

and 2., 0.0966 percent shall be transferred to the Local Government Page 7 of 85 CODING:

hb567-02-c2hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 567 2025 constructionHalf-cent ofSales roadsTax Clearing Trust Fund and bridges.distributed pursuant to s.

(2)218.65. Each county shall report the information required in subsection (1) in the format specified by the Office of Economic and Demographic Research.

The4. Office of Economic and Demographic Research shall compile the information from each county into a report and submit the report to the President of the Senate, the Speaker of the House of Representatives, and the Department of Transportation.

After the distributions under subparagraphs 1., 2., and 3., 2.0810 percent of the available proceeds shall be transferred monthly to the Revenue Sharing Trust Fund for Counties pursuant to s.

218.215.

5.

After the distributions under subparagraphs 1., 2., and 3., 1.3653 percent of the available proceeds shall be transferred monthly to the Revenue Sharing Trust Fund for Municipalities pursuant to s.

218.215.

If the total revenue to be distributed pursuant to this subparagraph is at least as great as the amount due from the Revenue Sharing Trust Fund for Municipalities and the former Municipal Financial Assistance Trust Fund in state fiscal year 1999-2000, no municipality shall receive less than the amount due from the Revenue Sharing Trust Fund for Municipalities and the former Municipal Financial Assistance Trust Fund in state fiscal year 1999-2000.

If the total proceeds to be distributed are less than the amount received in combination from the Revenue Sharing Trust Fund for Municipalities and the former Municipal Financial Assistance Trust Fund in state fiscal year 1999-2000, each municipality shall receive an amount proportionate to the amount it was due in state fiscal year 1999-2000.

6.

Of the remaining proceeds:

a.

In each fiscal year, the sum of $29,915,500 shall be Page 8 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 divided into as many equal parts as there are counties in the state, and one part shall be distributed to each county.

The distribution among the several counties must begin each fiscal year on or before January 5th and continue monthly for a total of 4 months.

If a local or special law required that any moneys accruing to a county in fiscal year 1999-2000 under the then- existing provisions of s.

550.135 be paid directly to the district school board, special district, or a municipal government, such payment must continue until the local or special law is amended or repealed.

The state covenants with holders of bonds or other instruments of indebtedness issued by local governments, special districts, or district school boards before July 1, 2000, that it is not the intent of this subparagraph to adversely affect the rights of those holders or relieve local governments, special districts, or district school boards of the duty to meet their obligations as a result of previous pledges or assignments or trusts entered into which obligated funds received from the distribution to county governments under then-existing s.

550.135.

This distribution specifically is in lieu of funds distributed under s.

550.135 before July 1, 2000.

b.

The department shall distribute $166,667 monthly to each applicant certified as a facility for a new or retained professional sports franchise pursuant to s.

288.1162.

Up to $41,667 shall be distributed monthly by the department to each Page 9 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 certified applicant as defined in s.

288.11621 for a facility for a spring training franchise.

However, not more than $416,670 may be distributed monthly in the aggregate to all certified applicants for facilities for spring training franchises.

Distributions begin 60 days after such certification and continue for not more than 30 years, except as otherwise provided in s.

288.11621.

A certified applicant identified in this sub-subparagraph may not receive more in distributions than expended by the applicant for the public purposes provided in s.

288.1162(5) or s.

288.11621(3).

c.

The department shall distribute up to $83,333 monthly to each certified applicant as defined in s.

288.11631 for a facility used by a single spring training franchise, or up to $166,667 monthly to each certified applicant as defined in s.

288.11631 for a facility used by more than one spring training franchise.

Monthly distributions begin 60 days after such certification or July 1, 2016, whichever is later, and continue for not more than 20 years to each certified applicant as defined in s.

288.11631 for a facility used by a single spring training franchise or not more than 25 years to each certified applicant as defined in s.

288.11631 for a facility used by more than one spring training franchise.

A certified applicant identified in this sub-subparagraph may not receive more in distributions than expended by the applicant for the public purposes provided in s.

288.11631(3).

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 d.

The department shall distribute $15,333 monthly to the State Transportation Trust Fund.

e.(I) On or before July 25, 2021, August 25, 2021, and September 25, 2021, the department shall distribute $324,533,334 in each of those months to the Unemployment Compensation Trust Fund, less an adjustment for refunds issued from the General Revenue Fund pursuant to s.

443.131(3)(e)3.

before making the distribution.

The adjustments made by the department to the total distributions shall be equal to the total refunds made pursuant to s.

443.131(3)(e)3.

If the amount of refunds to be subtracted from any single distribution exceeds the distribution, the department may not make that distribution and must subtract the remaining balance from the next distribution.

(II) Beginning July 2022, and on or before the 25th day of each month, the department shall distribute $90 million monthly to the Unemployment Compensation Trust Fund.

(III) If the ending balance of the Unemployment Compensation Trust Fund exceeds $4,071,519,600 on the last day of any month, as determined from United States Department of the Treasury data, the Office of Economic and Demographic Research shall certify to the department that the ending balance of the trust fund exceeds such amount.

(IV) This sub-subparagraph is repealed, and the department shall end monthly distributions under sub-sub-subparagraph (II), on the date the department receives certification under sub-sub- Page 11 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 subparagraph (III).

f.

Beginning July 1, 2023, in each fiscal year, the department shall distribute $27.5 million to the Florida Agricultural Promotional Campaign Trust Fund under s.

571.26, for further distribution in accordance with s.

571.265.

g.

Beginning July 1, 2025, and reassessed on or before the 25th day of each month, the department shall distribute $4.167 million from the proceeds of the tax imposed under s.

212.05(1)(e)1.c.

to the State Transportation Trust Fund to account for the impact of electric and hybrid vehicles on the State Highway System.

7.

All other proceeds must remain in the General Revenue Fund.

SubsectionSection (109)218.3211, of section 316.003, Florida Statutes, is amendedcreated to read:

316.003218.3211 Definitions.—TheCounty followingtransportation wordsproject anddata.—Each phrases,county whenmust usedannually inprovide this chapter, shall have the meaningsDepartment respectivelyof ascribedTransportation towith themuniform inproject thisdata. section, except where the context otherwise requires:

(109)The VEHICLE.—Everydata devicemust in,conform upon,to orthe bycounty's whichfiscal anyyear personand ormust propertyinclude, isbut orneed maynot be transportedlimited orto, drawndetails uponon atransportation streetrevenues by source of taxes or highway,fees, exceptexpenditure personalof deliverysuch devices,revenues mobilefor carriers,projects andthat deviceswere usedfunded, exclusivelyand uponthe stationaryunexpended railsbalance orof tracks.such revenues.

The details of projects must include, but need not be limited to, the cost, location, and scope of each project.

The scope of each project must be categorized broadly, such as road widening, repair and Page 12 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 rehabilitation, addition of sidewalks, or any similarly broad categorization.

Revenues not dedicated to specific projects must be detailed as to what programs the revenues are supporting.

The Department of Transportation must inform each county of the method and format for submitting the data.

The Department of Transportation shall compile the data and publish the compilation of data on its website.

SubsectionSection (2)316.00832, of section 316.183, Florida Statutes, is amendedcreated to read:

316.183316.00832 UnlawfulNext-generation speed.—Traffic (2)Signal OnModernization allProgram.— streets(1) orThe highways,department theshall maximumimplement speedthe limitsNext-generation forTraffic allSignal vehiclesModernization mustProgram. be 30 miles per hour in business or residence districts, and 55 miles per hour at any time at all Page 7 of 42 CODING:

The Next-generation Traffic Signal Modernization Program shall consist of retrofitting existing traffic signals and controllers and providing a communication backbone for remote operations and management of such signals on the State Highway System and nonstate highway system.

Such signal upgrades shall be prioritized based on average annual daily traffic and the impact of adding to an existing interconnected system.

(2) The program shall consist of an advanced traffic management platform that uses radar-camera fusion to deliver accurate detection in all weather conditions, offering fully integrated stop bar and advance detection, alongside dilemma zone and pedestrian protection.

In addition to supporting time- Page 13 of 85 CODING:

hb567-02-c2hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 567 2025 otherof-day locations.signal timing plans, the program shall provide real-time traffic optimization to improve flow and enhance safety.

The program must be compliant with leading cybersecurity standards, such as SOC 2 and ISO 27001, ensuring robust data protection.

Section 4.

Subsection (2) of section 316.183, Florida Statutes, is amended to read:

316.183 Unlawful speed.— (2) On all streets or highways, the maximum speed limits for all vehicles must be 30 miles per hour in business or residence districts, and 55 miles per hour at any time at all other locations.

Section 4.

Subsection (2) of section 316.187, Florida Statutes, is amended to read:

316.187 Establishment of state speed zones.— (2)(a) The maximum allowable speed limit on limited access highways is 75 70 miles per hour.

(b) The maximum allowable speed limit on any other highway that which is outside an urban area of 5,000 or more persons and that which has at least four lanes divided by a median strip is 70 65 miles per hour.

(c) The Department of Transportation is authorized to set such maximum and minimum speed limits for travel over other roadways under its authority as it deems safe and advisable, not to exceed as a maximum limit 65 60 miles per hour.

SubsectionsSubsection (8)(2) andof (9)section are316.187, addedFlorida toStatutes, sectionis Pageamended 8to ofread: 42 CODING:

316.187 Establishment of state speed zones.— (2)(a) The maximum allowable speed limit on limited access Page 14 of 85 CODING:

hb567-02-c2hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 567 2025 316.20655,highways Floridais Statutes,75 to70 read:miles per hour.

(b) The maximum allowable speed limit on any other highway that which is outside an urban area of 5,000 or more persons and that which has at least four lanes divided by a median strip is 70 65 miles per hour.

(c) The Department of Transportation is authorized to set such maximum and minimum speed limits for travel over other roadways under its authority as it deems safe and advisable, not to exceed as a maximum limit 65 60 miles per hour.

Section 6.

Subsections (8) and (9) are added to section 316.20655, Florida Statutes, to read:

Section 6.7.

requirements.— (7) A local government may adopt an ordinance providing onePage or15 moreof minimum85 ageCODING: requirements to operate a motorized scooter or micromobility device and may adopt an ordinance requiring a person who operates a motorized scooter or micromobility device to possess a government-issued photographic identification while operating the motorized scooter or micromobility device.

(8) A local government may provide training on the safe operation of motorized scooters and micromobility devices and compliance with the traffic laws of this state that apply to motorized scooters and micromobility devices.

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hb567-02-c2hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 567 2025 Sectionone 7.or more minimum age requirements to operate a motorized scooter or micromobility device and may adopt an ordinance requiring a person who operates a motorized scooter or micromobility device to possess a government-issued photographic identification while operating the motorized scooter or micromobility device.

Section(8) 316.88,A Floridalocal Statutes,government ismay createdprovide training on the safe operation of motorized scooters and micromobility devices and compliance with the traffic laws of this state that apply to read:motorized scooters and micromobility devices.

316.88 Creation of a wake on streets or highways.—A person may not operate a motor vehicle, vessel, or any other conveyance at a speed that creates an excessive wake on a flooded or inundated street or highway.

(a) Certification provided by a physician licensed under chapter 458 or chapter 459 that the applicant is an expectant mother.Page 16 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 mother.

"An expectant Pagemother 10parking permit may be issued only to an expectant mother and is valid for up to 1 year after the date of 42issuance." CODING:(e) The signatures of:

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hb567-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 567 2025 mother parking permit may be issued only to an expectant mother and is valid for up to 1 year after the date of issuance." (e) The signatures of:

SubsectionSubsections (6)(4), (5), (7), and (8) of section 334.044,332.004, Florida Statutes, isare amended to read:

334.044Page Powers17 and duties of the85 department.—TheCODING: department shall have the following general powers and duties:

(6) To acquire, by the exercise of the power of eminent domain as provided by law, all property or property rights, Page 11 of 42 CODING:

hb567-02-c2hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 567 2025 whether332.004 publicDefinitions or private, which it may determine are necessary to the performance of itsterms dutiesused andin thess. execution of its powers, including advance purchase of property or property rights to preserve a corridor for future proposed improvements.

332.003-332.007.— As used in ss.

332.003-332.007, the term:

(4) "Airport or aviation development project" or "development project" means any activity associated with the design, construction, purchase, improvement, or repair of a public-use airport or portion thereof, including, but not limited to:

the purchase of equipment;

the acquisition of land, including land required as a condition of a federal, state, or local permit or agreement for environmental mitigation;

off- airport noise mitigation projects;

the removal, lowering, relocation, marking, and lighting of airport hazards;

the installation of navigation aids used by aircraft in landing at or taking off from a public-use public airport;

the installation of safety equipment required by rule or regulation for certification of the airport under s.

612 of the Federal Aviation Act of 1958, and amendments thereto;

and the improvement of access to the airport by road or rail system which is on airport property and which is consistent, to the maximum extent feasible, with the approved local government comprehensive plan of the units of local government in which the airport is located.

(5) "Airport or aviation discretionary capacity improvement projects" or "discretionary capacity improvement projects" means capacity improvements which are consistent, to the maximum extent feasible, with the approved local government Page 18 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 comprehensive plans of the units of local government in which the public-use airport is located, and which enhance intercontinental capacity at airports which:

(a) Are international airports with United States Bureau of Customs and Border Protection;

(b) Had one or more regularly scheduled intercontinental flights during the previous calendar year or have an agreement in writing for installation of one or more regularly scheduled intercontinental flights upon the commitment of funds for stipulated airport capital improvements;

and (c) Have available or planned public ground transportation between the airport and other major transportation facilities.

(7) "Eligible agency" means a political subdivision of the state or an authority or a public-private partnership through a lease or agreement under s.

255.065 with a political subdivision of the state or an authority which owns or seeks to develop a public-use airport.

(8) "Federal aid" means funds made available from the Federal Government for the accomplishment of public-use airport or aviation development projects.

Subsections (4) and (8) of section 332.006, Florida Statutes, are amended to read:

332.006 Duties and responsibilities of the Department of Transportation.—The Department of Transportation shall, within the resources provided pursuant to chapter 216:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 (4) Upon request, provide financial and technical assistance to public agencies which own operate public-use airports by making department personnel and department-owned facilities and equipment available on a cost-reimbursement basis to such agencies for special needs of limited duration.

The requirement relating to reimbursement of personnel costs may be waived by the department in those cases in which the assistance provided by its personnel was of a limited nature or duration.

(8) Encourage the maximum allocation of federal funds to local public-use airport projects in this state.

Section 12.

Paragraphs (a) and (c) of subsection (4), subsection (6), paragraphs (a) and (d) of subsection (7), and subsections (8) and (10) of section 332.007, Florida Statutes, are amended, and subsection (11) is added to that section, to read:

332.007 Administration and financing of aviation and airport programs and projects;

state plan.— (4)(a) The annual legislative budget request for aviation and airport development projects shall be based on the funding required for development projects in the aviation and airport work program.

The department shall provide priority funding in support of the planning, design, and construction of proposed projects by local sponsors of public-use airports, with special emphasis on projects for runways and taxiways, including the painting and marking of runways and taxiways, lighting, other Page 20 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 related airside activities, and airport access transportation facility projects on airport property.

(c) A No single public-use airport may not shall secure airport or aviation development project funds in excess of 25 percent of the total airport or aviation development project funds available in any given budget year.

However, any public- use airport which receives discretionary capacity improvement project funds in a given fiscal year shall not receive greater than 10 percent of total aviation and airport development project funds appropriated in that fiscal year.

(6) Subject to the availability of appropriated funds, the department may participate in the capital cost of eligible public-use public airport and aviation development projects in accordance with the following rates, unless otherwise provided in the General Appropriations Act or the substantive bill implementing the General Appropriations Act:

(a) The department may fund up to 50 percent of the portion of eligible project costs which are not funded by the Federal Government, except that the department may initially fund up to 75 percent of the cost of land acquisition for a new airport or for the expansion of an existing public-use airport which is owned and operated by a municipality, a county, or an authority, and shall be reimbursed to the normal statutory project share when federal funds become available or within 10 years after the date of acquisition, whichever is earlier.

Due Page 21 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 to federal budgeting constraints, the department may also initially fund the federal portion of eligible project costs subject to:

1.

The department receiving adequate assurance from the Federal Government or local sponsor that this amount will be reimbursed to the department;

and 2.

The department having adequate funds in the work program to fund the project.

Such projects must be contained in the Federal Government's Airport Capital Improvement Program, and the Federal Government must fund, or have funded, the first year of the project.

(b) The department may retroactively reimburse cities, counties, or airport authorities up to 50 percent of the nonfederal share for land acquisition when such land is needed for airport safety, expansion, tall structure control, clear zone protection, or noise impact reduction.

No land purchased prior to July 1, 1990, or purchased prior to executing the required department agreements shall be eligible for reimbursement.

(c) When federal funds are not available, the department may fund up to 80 percent of master planning and eligible aviation development projects at public-use airports that are publicly owned, publicly operated airports.

If federal funds are available, the department may fund up to 80 percent of the Page 22 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 nonfederal share of such projects.

Such funding is limited to general aviation airports, or commercial service airports that have fewer than 100,000 passenger boardings per year as determined by the Federal Aviation Administration.

(d) The department is authorized to fund up to 100 percent of the cost of an eligible project that is statewide in scope or that involves more than one county where no other governmental entity or appropriate jurisdiction exists.

(7) Subject to the availability of appropriated funds in addition to aviation fuel tax revenues, the department may participate in the capital cost of eligible public airport and aviation discretionary capacity improvement projects.

The annual legislative budget request shall be based on the funding required for discretionary capacity improvement projects in the aviation and airport work program.

(a) The department shall provide priority funding in support of:

1.

Land acquisition which provides additional capacity at the qualifying international airport or at that airport's supplemental air carrier airport.

2.

Runway and taxiway projects that add capacity or are necessary to accommodate technological changes in the aviation industry.

3.

Public-use airport access transportation projects that improve direct airport access and are approved by the airport Page 23 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 sponsor.

4.

International terminal projects that increase international gate capacity.

(d) The department may fund up to 50 percent of the portion of eligible project costs which are not funded by the Federal Government except that the department may initially fund up to 75 percent of the cost of land acquisition for a new public-use airport or for the expansion of an existing public- use airport which is owned and operated by a municipality, a county, or an authority, and shall be reimbursed to the normal statutory project share when federal funds become available or within 10 years after the date of acquisition, whichever is earlier.

(8) The department may also fund eligible projects performed by not-for-profit organizations that represent a majority of public airports in this state.

Eligible projects may include activities associated with aviation master planning, professional education, safety and security planning, enhancing economic development and efficiency at airports in this state, or other planning efforts to improve the viability of public-use airports in this state.

(10) Subject to the availability of appropriated funds, and unless otherwise provided in the General Appropriations Act or the substantive bill implementing the General Appropriations Act, the department may fund up to 100 percent of eligible Page 24 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 project costs of all of the following at a publicly owned public-use, publicly operated airport located in a rural community as defined in s.

288.0656 which does not have any scheduled commercial service:

(a) The capital cost of runway and taxiway projects that add capacity.

Such projects must be prioritized based on the amount of available nonstate matching funds.

(b) Economic development transportation projects pursuant to s.

339.2821.

(11) Notwithstanding any other provision of law, a municipality, a county, or an authority that owns a public-use airport may participate in the Airport Investment Partnership Program under the Federal Aviation Administration by contracting with a private partner to operate the public-use airport under lease or agreement.

Subject to the availability of appropriated funds from aviation fuel tax revenues, the department may provide for improvements under this section to a municipality, a county, or an authority that has a private partner under the Airport Investment Partnership Program for the capital cost of a discretionary improvement project at a public-use airport.

Any remaining funds must be allocated for projects specified in subsection (6).

Section 13.

Subsection (6) of section 334.044, Florida Statutes, is amended to read:

Page 25 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 334.044 Powers and duties of the department.—The department shall have the following general powers and duties:

(6) To acquire, by the exercise of the power of eminent domain as provided by law, all property or property rights, whether public or private, which it may determine are necessary to the performance of its duties and the execution of its powers, including advance purchase of property or property rights to preserve a corridor for future proposed improvements.

Section 14.

The membership of the board shall consist of ninePage experts26 inof transportation-related85 areas,CODING: as follows:

(a) A member appointed by the President of the Senate.

(b) A member appointed by the Speaker of the House of Representatives.

Page 12 of 42 CODING:

hb567-02-c2hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 567 2025 (c)nine Theexperts Secretaryin oftransportation-related Transportationareas, oras hisfollows: or her designee.

(a) A member appointed by the President of the Senate.

(b) A member appointed by the Speaker of the House of Representatives.

(c) The Secretary of Transportation or his or her designee.

Section 12.15.

project development and environmental studies.— (1) All project concept studies and project development and environmental studies for capacity improvement projects on limited-accessPage facilities27 must include the evaluation of alternatives85 thatCODING: provide transportation capacity using elevated roadways above existing lanes.

(2) All project development and environmental studies for Page 13 of 42 CODING:

hb567-02-c2hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 567 2025 newlimited-access alignmentfacilities projectsmust andinclude newthe capacityevaluation improvementof projectsalternatives mustthat beprovide completedtransportation withincapacity 18using monthselevated afterroadways commencementabove toexisting thelanes. maximum extent possible.

Section(2) 13.All project development and environmental studies for new alignment projects and new capacity improvement projects must be completed, to the maximum extent possible, within 18 months after commencement.

Section 16.

Notwithstanding any other provision of law to the contrary, if the department intendsreceives to reject all bids onoutside anythe projectaward aftercriteria announcingprovided butby beforethe postingdepartment, official notice of such intent, the department must providearrange toan in-person meeting with the lowest responsive and responsible bidder the opportunity to negotiateascertain thereasons scopefor of work with the correspondingbids reductionbeing inover price, as provided in the bid,department's toestimate. provide a reduced bid without filing a protest or posting a bond under paragraph (5)(a).

UponThe reachingdepartment amay decisionsubsequently regardingaward such bidder's reduced bid, the department must post notice of final agency action to either reject all Page 1428 of 4285 CODING:

hb567-02-c2hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 567 2025 contract to the lowest responsive and responsible bidder, may reject all bids orand acceptproceed to rebid the reducedwork, bid.or may invite all responsive and responsible bidders to provide best and final offers without filing a protest or posting a bond under paragraph (5)(a).

If the department thereafter awards the contract, the award must be to the bidder that provides the best and final offer.

If the department intends to reject all bids on a project after announcing but before posting official notice of its intent to reject all bids, the department must provide to the lowest responsive and responsible bidder the opportunity to negotiate the scope of work with the corresponding reduction in price, as provided in the bid, to provide a best and final offer without filing a protest or posting a bond under paragraph (5)(a).

Upon reaching a decision regarding such bidder's best and final offer, the department must post notice of final agency action to either reject all bids or accept the best and final offer.

3.

3.4.

120.57(3)(c) and 287.057(25), upon receipt of a timely filed formal written protest, the department may continue with the process provided for in this subsection but may not take final agency action as to the lowest responsive and responsible bidder, except as part of the department's final agencyPage action29 inof the85 protestCODING: or if the protesting party dismisses the protest.

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 agency action in the protest or if the protesting party dismisses the protest.

(b) If the department determines that it is in the best interests of the public, the department may combine the design and construction phases of a project fully funded in the work program into a single contract and select the design-build firm Pagein 15the early stages of 42a CODING:project to ensure that the design-build firm is part of the collaboration and development of the design as part of a step-by-step progression through construction.

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hb567-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 567 2025 in the early stages of a project to ensure that the design-build firm is part of the collaboration and development of the design as part of a step-by-step progression through construction.

For phase one, the department shall competitively award the contract to a design-build firm based upon qualifications, provided that the department has received atPage least30 three statements of qualifications85 fromCODING: qualified design-build firms.

If the department elects, during phase one, to enter into contracts with more than one design-build firm based on qualifications, the department shall competitively select a single design-build firm to perform the work associated with phase two.

For phase two, the design-build firm may independently perform portions of the work and shall competitively bid construction trade subcontractor packages and, based upon the design-build firm's estimates of its independently performed work and these bids, negotiate with the department a fixed firm price or guaranteed maximum price that meets the project budget and scope as advertised in the request for qualifications.

(c) Design-build contracts and phased design-build contracts may be advertised and awarded notwithstanding the requirements of paragraph (3)(c).

However, construction activities may not begin on any portion of such projects for Page 16 of 42 CODING:

hb567-02-c2hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 567 2025 whichat theleast departmentthree hasstatements not yet obtained title to the necessary rights-of-way and easements for the construction of thatqualifications portionfrom ofqualified thedesign-build projectfirms. has vested in the state or a local governmental entity and all railroad crossing and utility agreements have been executed.

If the department elects, during phase one, to enter into contracts with more than one design-build firm based on qualifications, the department shall competitively award the contract for phase two to a single design-build firm.

For phase two, the design-build firm may independently perform portions of the work and shall competitively bid construction trade subcontractor packages and, based upon the design-build firm's estimates of its independently performed work and these bids, negotiate with the department a fixed firm price or guaranteed maximum price that meets the project budget and scope as advertised in the request for qualifications.

(c) Design-build contracts and phased design-build contracts may be advertised and awarded notwithstanding the requirements of paragraph (3)(c).

However, construction activities may not begin on any portion of such projects for which the department has not yet obtained title to the necessary rights-of-way and easements for the construction of that portion of the project has vested in the state or a local governmental entity and all railroad crossing and utility agreements have been executed.

SuchPage procedures31 shallof include,85 butCODING: not be limited to:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 Such procedures shall include, but not be limited to:

If a design-build firm withdraws from consideration after the Pagedepartment 17requests ofproposals, 42the CODING:department may continue if at least two proposals are received.

(15) Each contract let by the department for performance of bridge construction or maintenance on over navigable waters must contain a provision requiring marine general liability insurance, including protection and indemnity coverage, in an amount to be determined by the department, which covers third- party personal injury and property damage caused by vessels used by the contractor in the performance of the work.

Protection and Page 32 of 85 CODING:

hb567-02-c2hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 567 2025 departmentindemnity requestscoverage proposals,may be covered by endorsement on the departmentmarine maygeneral continueliability ifinsurance atpolicy leastor twomay proposalsbe area received.separate policy.

(15)Section Each17. contract let by the department for performance of bridge construction or maintenance on over navigable waters must contain a provision requiring marine general liability insurance, including protection and indemnity coverage, in an amount to be determined by the department, which covers third- party personal injury and property damage caused by vessels used by the contractor in the performance of the work.

ProtectionSubsection and(3) indemnityis coverageadded mayto besection covered337.1101, byFlorida endorsementStatutes, onto theread: marine general liability insurance policy or may be a separate policy.

Section337.1101 14.Contracting and procurement authority of the department;

settlements;

notification required.— (3) The department may not, through a settlement of a protest filed in accordance with s.

120.57(3) of the award of a contract being procured pursuant to s.

337.11 or related to the purchase of personal property or contractual services being procured pursuant to s.

287.057, create a new contract unless the new contract is competitively procured.

Section 18.

The rules of the department must address the qualification of contractors to bid on construction contracts in excess of $250,000 and must include requirements with respect to the equipment, past record, experience, financial resources, and organizational personnel of the applying contractor which are necessary to perform the specific class of work for which the Page 1833 of 4285 CODING:

hb567-02-c2hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 567 2025 necessary to perform the specific class of work for which the contractor seeks certification.

3.Page 34 of 85 CODING:

The department may not consider any financial Page 19 of 42 CODING:

hb567-02-c2hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 567 2025 information3. of the parent entity of the applying contractor, if any.

The department may not consider any financial information of the parent entity of the applying contractor, if any.

An applying contractor desiring to bid exclusively for the performance of construction contracts with proposed budget estimates of less than $2 million may submit reviewed annual or reviewed interim financial statements prepared by a certified Page 2035 of 4285 CODING:

hb567-02-c2hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 567 2025 reviewed interim financial statements prepared by a certified public accountant.

A push-buttonproject contractwith a diverse set of scopes of construction work that may be performed under the project, typically referred to as a "push-button contract" or a task"task work order contractcontract," thatwhich has a contract price of $1 million or less;

Notwithstanding any other provision of law, a contractor seeking to bid on a maintenance contract for which the majority of the work includes repair and replacement of safety appurtenances, Page 2136 of 4285 CODING:

hb567-02-c2hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 567 2025 Notwithstanding any other provision of law, a contractor seeking to bid on a maintenance contract for which the majority of the work includes repair and replacement of safety appurtenances, including, but not limited to, guardrails, attenuators, traffic signals, and striping, must possess the prescribed qualifications, equipment, past record, and experience required to perform such work.

Section 15.19.

337.185 State Arbitration Board.— (4) The contractor may submit a claim greater than $250,000 up to $2 million $1 million per contract or, upon agreement of the parties, greater than up to $2 million per contract to be arbitrated by the board.

(5) An arbitration request may not be made to the board before final acceptance but must be made to the board within 820 days after final acceptance or within 360 days after written Page 2237 of 4285 CODING:

hb567-02-c2hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 567 2025 notice(5) byAn thearbitration departmentrequest ofmay anot claimbe relatedmade to athe writtenboard warrantybefore orfinal defectacceptance afterbut finalmust acceptance,be whichevermade isto later.the board:

Section(a) 16.Within 820 days after final acceptance;

or (b) Within 360 days after written notice by the department of a claim related to a written warranty or defect after final acceptance.

Section 20.

forum.— (2) Suits by and against the department under this section shall be commenced within 820 days after of the final acceptance of the work or within 360 days after written notice by the department of a claim related to a written warranty or defect after final acceptance,acceptance. whichever is later.

Section 17.21.

Subsections (3) through (9) of section 337.401, Florida Statutes, are renumbered as subsections (4) through (10), respectively, subsections (1) and (2), paragraphs (a), (c), and (g) of present subsection (3), present subsection (5), paragraph (e) of present subsection (6), and paragraphs (d) and (n) of present subsection (7) are amended, and a new subsection (3) is added to that section, to read:

337.401 Use of right-of-way for utilities subject to regulation;

permit;

fees.— Page 38 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 (1)(a) The department and local governmental entities, referred to in this section and in ss.

337.402-337.404 as the "authority," that have jurisdiction and control of public roads or publicly owned rail corridors are authorized to prescribe and enforce reasonable rules or regulations with reference to the placing and maintaining across, on, or within the right-of-way limits of any road or publicly owned rail corridors under their respective jurisdictions any electric transmission, voice, telegraph, data, or other communications services lines or wireless facilities;

pole lines;

poles;

railways;

ditches;

sewers;

water, heat, or gas mains;

pipelines;

fences;

gasoline tanks and pumps;

or other structures referred to in this section and in ss.

337.402-337.404 as the "utility." The department may enter into a permit-delegation agreement with a governmental entity if issuance of a permit is based on requirements that the department finds will ensure the safety and integrity of facilities of the Department of Transportation;

however, the permit-delegation agreement does not apply to facilities of electric utilities as defined in s.

366.02(4).

(b) For aerial and underground electric utility transmission lines designed to operate at 69 or more kilovolts which that are needed to accommodate the additional electrical transfer capacity on the transmission grid resulting from new base-load generating facilities, the department's rules shall provide for placement of and access to such transmission lines Page 39 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 adjacent to and within the right-of-way of any department- controlled public roads, including longitudinally within limited access facilities where there is no other practicable alternative available, to the greatest extent allowed by federal law, if compliance with the standards established by such rules is achieved.

Without limiting or conditioning the department's jurisdiction or authority described in paragraph (a), with respect to limited access right-of-way, such rules may include, but need not be limited to, that the use of the right-of-way for longitudinal placement of electric utility transmission lines is reasonable based upon a consideration of economic and environmental factors, including, without limitation, other practicable alternative alignments, utility corridors and easements, impacts on adjacent property owners, and minimum clear zones and other safety standards, and further provide that placement of the electric utility transmission lines within the department's right-of-way does not interfere with operational requirements of the transportation facility or planned or potential future expansion of such transportation facility.

If the department approves longitudinal placement of electric utility transmission lines in limited access facilities, compensation for the use of the right-of-way is required.

Such consideration or compensation paid by the electric utility owner in connection with the department's issuance of a permit does not create any property right in the department's property Page 40 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 regardless of the amount of consideration paid or the improvements constructed on the property by the utility owner.

Upon notice by the department that the property is needed for expansion or improvement of the transportation facility, the electric utility transmission line will be removed or relocated at the utility owner's electric utility's sole expense.

The electric utility owner shall pay to the department reasonable damages resulting from the utility owner's utility's failure or refusal to timely remove or relocate its transmission lines.

The rules to be adopted by the department may also address the compensation methodology and removal or relocation.

As used in this subsection, the term "base-load generating facilities" means electric power plants that are certified under part II of chapter 403.

(c) An entity that places, replaces, or relocates underground utilities within a right-of-way must make such underground utilities electronically detectable using techniques approved by the department.

(2) The authority may grant to any person who is a resident of this state, or to any corporation that which is organized under the laws of this state or licensed to do business within this state, the use of a right-of-way for the utility in accordance with such rules or regulations as the authority may adopt.

A utility may not be installed, located, or relocated unless authorized by a written permit issued by the Page 41 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 authority.

However, for public roads or publicly owned rail corridors under the jurisdiction of the department, a utility relocation schedule and relocation agreement may be executed in lieu of a written permit.

The permit or relocation agreement must require the permitholder or party to the agreement to be responsible for any damage resulting from the work required.

The owner of an electric utility as defined in s.

366.02, the owner of a natural gas utility as defined in s.

366.04(3), or the owner of a water or wastewater utility shall pay to the authority actual damages resulting from a failure or refusal to timely remove or relocate a utility.

Issuance of permits for new placement of utilities within the authority's rights-of-way may be subject to payment of actual costs incurred by the authority due to the failure of the utility owner to timely relocate utilities pursuant to an approved utility work schedule or for damage done to existing infrastructure by the utility owner issuance of such permit.

The authority may initiate injunctive proceedings as provided in s.

120.69 to enforce provisions of this subsection or any rule or order issued or entered into pursuant thereto.

A permit application required under this subsection by a county or municipality having jurisdiction and control of the right-of-way of any public road must be processed and acted upon in accordance with the timeframes provided in subparagraphs (8)(d)7., 8., and 9.

(7)(d)7., 8., and 9.

(3)(a) As used in this section, the term "as-built plans" Page 42 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 means plans that depict the actual location, depth, and physical configuration of utilities placed within a right-of-way at a location which crosses a navigable waterway or deeper than 10 feet beneath the proposed ground surface.

(b) The authority and utility owner shall agree in writing to an approved level of detail of as-built plans.

(c) The utility owner shall submit as-built plans within 20 business days after completion of the utility work which show actual final surface and subsurface utilities, including location alignment profile, depth, and geodetic datum of each structure.

Such plans must be provided in an electronic format compatible with department software and meet technical specifications provided by the department or in an electronic format determined by the utility industry to be in accordance with industry standards.

The department may by written agreement make exceptions to the electronic format requirement.

(d) As-built plans must be submitted before any costs may be reimbursed by the authority under subsection (2).

(4)(3)(a) Because of the unique circumstances applicable to providers of communications services, including, but not limited to, the circumstances described in paragraph (e) and the fact that federal and state law require the nondiscriminatory treatment of providers of telecommunications services, and because of the desire to promote competition among providers of communications services, it is the intent of the Legislature Page 43 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 that municipalities and counties treat providers of communications services in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement or maintenance of communications facilities in the public roads or rights-of-way.

Rules or regulations imposed by a municipality or county relating to providers of communications services placing or maintaining communications facilities in its roads or rights-of-way must be generally applicable to all providers of communications services, taking into account the distinct engineering, construction, operation, maintenance, public works, and safety requirements of the provider's facilities, and, notwithstanding any other law, may not require a provider of communications services to apply for or enter into an individual license, franchise, or other agreement with the municipality or county as a condition of placing or maintaining communications facilities in its roads or rights-of-way.

In addition to other reasonable rules or regulations that a municipality or county may adopt relating to the placement or maintenance of communications facilities in its roads or rights- of-way under this subsection or subsection (8) (7), a municipality or county may require a provider of communications services that places or seeks to place facilities in its roads or rights-of-way to register with the municipality or county.

To register, a provider of communications services may be required only to provide its name;

the name, address, and telephone Page 44 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 number of a contact person for the registrant;

the number of the registrant's current certificate of authorization issued by the Florida Public Service Commission, the Federal Communications Commission, or the Department of State;

a statement of whether the registrant is a pass-through provider as defined in subparagraph (7)(a)1.

(6)(a)1.;

the registrant's federal employer identification number;

and any required proof of insurance or self-insuring status adequate to defend and cover claims.

A municipality or county may not require a registrant to renew a registration more frequently than every 5 years but may require during this period that a registrant update the registration information provided under this subsection within 90 days after a change in such information.

A municipality or county may not require the registrant to provide an inventory of communications facilities, maps, locations of such facilities, or other information by a registrant as a condition of registration, renewal, or for any other purpose;

provided, however, that a municipality or county may require as part of a permit application that the applicant identify at-grade communications facilities within 50 feet of the proposed installation location for the placement of at-grade communications facilities.

A municipality or county may not require a provider to pay any fee, cost, or other charge for registration or renewal thereof.

It is the intent of the Legislature that the placement, operation, maintenance, Page 45 of 85 CODING:

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hb567-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 567 2025 upgrading, and extension of communications facilities not be unreasonably interrupted or delayed through the permitting or other local regulatory process.

Except as provided in this chapter or otherwise expressly authorized by chapter 202, chapter 364, or chapter 610, a municipality or county may not adopt or enforce any ordinance, regulation, or requirement as to the placement or operation of communications facilities in a right-of-way by a communications services provider authorized by state or local law to operate in a right-of-way;