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Bill > S0266


FL S0266

FL S0266
Transportation


summary

Introduced
10/25/2023
In Committee
11/07/2023
Crossed Over
Passed
Dead
03/08/2024

Introduced Session

2024 Regular Session

Bill Summary

An act relating to transportation; amending s. 206.46, F.S.; prohibiting the Department of Transportation from annually committing more than a certain percentage of revenues derived from state fuel taxes and motor vehicle license-related fees to public transit projects; providing exceptions; amending s. 288.9606, F.S.; conforming provisions to changes made by the act; making technical changes; amending s. 318.14, F.S.; increasing the number of times a driver may elect to attend a basic driver improvement course approved by the Department of Highway Safety and Motor Vehicles in lieu of a court appearance; amending ss. 318.1451 and 322.095, F.S.; requiring the department to annually review changes made to certain laws and to require that course content for specified driving courses be modified in accordance with relevant changes; amending s. 334.30, F.S.; authorizing the Department of Transportation to enter into comprehensive agreements with private entities or the consortia thereof for the building, operation, ownership, or financing of transportation facilities; conforming provisions to changes made by the act; replacing the term “public-private partnership agreement” with the term “comprehensive agreement”; requiring a private entity to provide an independent traffic and revenue study prepared by a certain expert; providing a requirement for such study; revising the timeframe within which the department must publish a certain notice of receipt of an unsolicited proposal for a public-private transportation project; authorizing the department to enter into an interim agreement with a private entity regarding a qualifying project; providing that an interim agreement does not obligate the department to enter into a comprehensive agreement and is not required under certain circumstances; providing requirements for an interim agreement; authorizing the secretary of the department to authorize comprehensive agreements for a term of up to 75 years for certain projects; making technical changes; requiring the department to notify the Division of Bond Finance of the State Board of Administration before entering into an interim agreement or a comprehensive agreement; amending s. 336.044, F.S.; prohibiting a local governmental entity from adopting certain standards or specifications concerning asphalt pavement material; amending s. 337.11, F.S.; requiring the department to receive three letters of interest before proceeding with requests for proposals for certain contracts; making technical changes; amending s. 337.18, F.S.; authorizing the department to allow the issuance of multiple contract performance and payment bonds in succession to meet certain requirements; revising the timeframe for certain actions against the contractor or the surety; specifying a timeframe for when an action for recovery of retainage must be instituted; amending s. 337.195, F.S.; revising a presumption regarding the proximate cause of death, injury, or damage in a civil suit against the department; defining terms; providing for immunity for contractors under certain circumstances; conforming provisions related to certain limitations on liability relating to traffic control plans; making technical changes; providing construction; providing that certain provisions do not preclude liability when the contractor’s negligence is the proximate cause of the personal injury, property damage, or death; revising a presumption regarding a design engineer’s degree of care and skill; deleting immunity for certain persons and entities; amending s. 338.26, F.S.; revising the date by which fees generated from tolls deposited into the State Transportation Trust Fund must be used to reimburse a local government entity for certain costs of operating a specified fire station; requiring that the interlocal agreement which authorizes such reimbursement to control for a specified time until the local governmental entity and the department enter into a new agreement or agree to extend the agreement; specifying the amount of reimbursement for the 2024 2025 fiscal year; requiring the local governmental entity, by a specified date and at specified intervals thereafter, to provide a maintenance and operations comprehensive plan to the department, which includes a current inventory of assets; requiring the local government entity and the department to review and adopt the comprehensive plan as part of the interlocal agreement; requiring the department to program corresponding funding needs into the department’s work program; requiring that ownership and title of certain equipment purchased with state funds and used at the fire station during the term of the interlocal agreement transfer to the state at the end of the term of the agreement; creating s. 339.2820, F.S.; creating within the department a local agency program for a specified purpose; requiring the department to update certain project cost estimates at a specified time and include a contingency amount as part of the project cost estimate; authorizing the department to oversee certain projects; requiring local agencies to prioritize budgeting certain local projects through their respective M.P.O.’s or governing boards for a specified purpose; specifying that certain funds are available only to local agencies that are certified by the department; requiring local agencies to include in certain contracts a specified document and a contingency amount for costs incurred due to unforeseen conditions; amending ss. 339.2825 and 627.06501, F.S.; conforming provisions to changes made by the act; providing an effective date.

AI Summary

This bill: - Prohibits the Department of Transportation (DOT) from annually committing more than 20% of state fuel tax and vehicle license fee revenues to public transit projects, with exceptions for projects using federal funds, approved by local governments, or improving state highway corridors. - Increases the number of times a driver can attend a basic driver improvement course in lieu of a court appearance from 5 to 8 times. - Requires the DOT to annually review changes to traffic laws and update course content for driver improvement courses accordingly. - Authorizes the DOT to enter into "comprehensive agreements" with private entities for the building, operation, ownership, or financing of transportation facilities, replacing the previous "public-private partnership" terminology. This includes allowing the DOT to enter into interim agreements and extending the maximum term for such agreements from 50 to 75 years for projects funded by user fees. - Prohibits local governments from adopting standards or specifications regarding the use of reclaimed asphalt pavement material that are contrary to DOT standards. - Establishes a local agency program within the DOT to provide assistance to local governments in developing, designing, and constructing transportation facilities using federal funds. - Makes various other technical and conforming changes related to transportation contracting and liability limits.

Committee Categories

Budget and Finance

Sponsors (2)

Other Sponsors (3)

Appropriations (S), Appropriations Committee on Transportation, Tourism, and Economic Development (S), Transportation (S)

Last Action

Laid on Table, refer to CS/CS/CS/HB 287 (on 03/05/2024)

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