HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 157 Transportation
SPONSOR(S): Commerce Committee, Tourism, Infrastructure & Energy Subcommittee, Andrade
TIED BILLS: IDEN./SIM. BILLS: CS/SB 398
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee 13 Y, 3 N, As CS Johnson Keating
2) Infrastructure & Tourism Appropriations 12 Y, 0 N Hicks Davis
Subcommittee
3) Commerce Committee 19 Y, 0 N, As CS Johnson Hamon
SUMMARY ANALYSIS
The bill addresses matters related to transportation. The bill:
Requires a local government to provide mobility fee credits to residential developers for certain capital
improvements to a transportation system that the Department of Transportation (DOT) deems
necessary in certain circumstances.
Codifies the Implementing Solutions from Transportation Research and Evaluation of Emerging
Technologies (I-STREET) Living Lab within the University of Florida and provides for its duties relating
to transportation research, education, workforce development, and related issues.
Clarifies DOT’s authority to engage in progressive design-build contracting as an innovative technique
of highway and bridge design and construction.
Exempts certain progressive design-build contracts from an existing statutory cap on innovative
contracts.
Authorizes landowners to obtain permits from DOT to clear vegetation from the right-of-way on limited
access facilities under specified conditions.
Removes a limitation on design-build contracting to certain types of projects and authorizes design-
build contracting for all types of projects.
Requires contracts for bridge work over navigable waters to contain provisions requiring a minimum
amount of general liability insurance.
Provides that stipends paid by DOT to non-selected design-build firms that have submitted responsive
proposals for construction contracts contained in DOT’s legislatively-approved work program are not
subject to existing documentation and notification requirements for settlement payments made by DOT
to resolve bid protests.
Authorizes an applying contractor who desires to bid exclusively on construction contracts with
proposed budget estimates of $2 million or less (increased from $1 million) to submit reviewed annual
or reviewed interim financial statements.
Authorizes an applicant for a contractor certificate of qualification to submit a request to keep an
existing certificate, with the current maximum capacity rating, in place until the expiration date of the
existing certificate.
Repeals a public records exemption for documents that reveals the identity of a person who has
requested or obtained a bid package, plan, or specifications pertaining to any project to be let by DOT.
Changes from 5 years to 10 years the frequency with which DOT must adjust toll rates for inflation.
The bill may have an indeterminate positive fiscal impact on state government revenues and a negative fiscal
impact on state government expenditures. The bill does not appear to have a fiscal impact to local
governments.
The bill has an effective date of July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Mobility Fee Credits
Current Situation
Transportation Concurrency
The Community Planning Act,1 authorizes local governments (counties or municipalities) to establish a
concurrency management system to assess landowners the costs of maintaining specified levels of
service for the local government's transportation system when the projected impacts of their
development would adversely impact the system.2
Prior to June 2, 2011, Florida law required local government comprehensive plans to provide for
transportation concurrency. Under current law, transportation concurrency is optional, and a local
government may eliminate transportation concurrency from its comprehensive plan. If the local
government eliminates transportation concurrency, it is encouraged, but not required to adopt a mobility
fee-based plan in its place.3
Impact Fees
Impact fees are used by local governments to fund infrastructure necessitated by new growth.4 Florida
law requires each local government that adopts and collects an impact fee to:
Ensure that the impact fee is proportional and reasonably connected to the need for additional
capital facilities and the increased impact generated by the new residential or commercial
construction.
Ensure that the impact fee is proportional and reasonably connected to the expenditures of the
funds collected and the benefits accruing to the new residential or nonresidential construction. 5
A local government must credit against the collection of the impact fee any contribution related to public
facilities or infrastructure, including land dedication, site planning and design, or construction. Any
contribution must be applied on a dollar-for-dollar basis at fair market value to reduce any impact fee
collected for the general category or class of public facilities or infrastructure for which the contribution
was made.6
Mobility Fees
A mobility fee is a transportation system charge designed to recoup the proportionate costs of
transportation demand generated by all new development. Its focus is new development due to the
fee’s association with transportation concurrency systems and its use to fund planned transportation
facilities and services.7
1 Ch. 163, part II, F.S.
2 Department of Economic Opportunity (DEO), Transportation Planning. https://www.floridajobs.org/community-planning-and-
development/programs/community-planning-table-of-contents/transportation-planning (last visited Feb. 16, 2022).
3 id.
4 S. 163.31801(2), F.S.
5 S. 163.31801(4), F.S.
6 S. 163.31801(5)(a), F.S.
7 Center for Urban Transportation Research, Evaluation of the Mob ility Fee Concept Final Report, University of South Florida (Nov.
2009), available at cutr.usf.edu/wp-content/uploads/2012/08/Evaluation-of-the-Mobility-Fee-Concept-CUTR-Webcast-04.21.11.pdf (last
visited Jan. 18, 2021).
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If a local government repeals transportation concurrency, Florida law encourages, but does not require,
it to adopt an alternative mobility funding system and provides tools and techniques to be used in
establishing a mobility fee.8
Effect of the Bill
The bill clarifies that a local government, pursuant to current law, must provide mobility fee credits to a
residential developer for capital improvements to a transportation system that the Department of
Transportation (DOT) deems necessary to ensure the safe and efficient mobility of people, commerce
and goods to bring a planned housing community into service.
Implementing Solutions from Transportation Research and Evaluation of Emerging
Technologies (I-STREET) Living Lab
Current Situation
Various centers, institutes, and special programs within the State University System are codified in
Florida Statutes, including the Florida Industrial and Phosphate Research Institute at Florida
Polytechnic University,9 the H. Lee Moffitt Cancer Center and Research Institute at the University of
South Florida,10 the Louis de la Parte Florida Mental Health Institute at the University of South Florida,11
the Florida Institute for Child Welfare at Florida State University,12 and the Center for Urban
Transportation Research at the University of South Florida. 13
The University of Florida (UF) College of Engineering’s Transportation Institute aims to advance
transportation, disseminate research results, and provide educational opportunities related to
transportation. The institute is an umbrella organization housing several transportation-related
centers.14
UF’s Transportation Institute, the Department of Transportation (DOT), and the City of Gainesville have
partnered to create the Implementing Solutions from Transportation Research and Evaluation of
Emerging Technologies (I-STREET) Living Lab. I-STREET’s principal objective is to make significant
improvements to transportation safety and mobility, utilizing a real-world testbed environment that has
been created on and surrounding the UF campus and the expanding set of diverse technology installed
on Florida segments of the Interstate Highway System.15 I-STREET has received funding from the
National Science Foundation and through research conducted as part of the United States Department
of Transportation’s University Transportation Centers Program. 16
I-STREET’s mission and main goals are to:
Facilitate the development and implementation of advanced and emerging technologies to
improve safety and mobility that are suitable for implementation statewide and beyond;
Foster collaboration with industry wishing to develop, test, and implement their own
technologies to improve safety, and mobility; and
Become a recognized national and global leader in the development and implementation of
advanced technologies to improve transportation safety and mobility. 17
I-STREET projects include:
I-75 Florida Regional Advanced Mobility Elements;
8 S. 163.3180(5)(f), F.S.
9 S. 1004.346, F.S.
10 S. 1004.43, F.S.
11 S. 1004.44, F.S.
12 S. 1004.615, F.S.
13 S. 334.065(1), F.S.
14 University of Florida (UF) Transportation Institute, Overview, https://www.transportation.institute.ufl.edu/overview/ (last visited Jan 13,
2022).
15 UF, I-Street Living Lab , https://www.transportation.institute.ufl.edu/i-street-living-lab/ (last visited Feb, 11, 2022).
16 House of Representatives, Appropriations Project Request – Fiscal Year 2022-2023 HB 4285 (2022) p. 5.
17 UF, supra note 14.
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Pedestrian and Bicycle Safety Demonstration;
Gainesville Autonomous Shuttle Evaluation; and
Transportation Mobility Assessment and Recommendations for Smart City Planning. 18
DOT has issued an invitation to transportation industry leaders for participation in the “UF I-STREET
program.” According to DOT:
I-STREET is designed to assist in implementing emerging technologies aimed at safety and
mobility improvements. DOT will develop requests for proposals utilizing the emerging
technologies and will select vendors through a competitive bidding process. The s elected
vendor for each project will deploy technology solutions. UF will conduct before-and-after
evaluations of implemented projects. After evaluation, DOT will consider whether to expand the
successful I-STREET projects elsewhere in the state.
DOT has allocated funding for these innovative projects per fiscal year (FY) from FY 2020-2021
until FY 2024-2025. Each FY, DOT will fund multiple projects based on the projects' merits and
safety and mobility improvement potential. The number of awards will vary depending on the
project type and scope.19
Effect of the Bill
The bill codifies the I-STREET Living Lab within UF. The bill requires I-STREET to, at a minimum:
Conduct and facilitate research on issues related to innovative transportation mobility and safety
technology development and deployment in Florida and serve as an information exchange and
depository for the most current information pertaining to transportation research, education,
workforce development, and related issues.
Be a continuous resource for the Legislature, DOT, local governments, the nation’s metropolitan
regions, and the private sector in the area of transportation and related research.
Promote intercampus transportation and related research activities among Florida universities
to enhance the ability of these universities to attract federal and private sector funding for
transportation and related research.
Provide by July 1, 2023, and each July 1 thereafter, to the Governor, the President of the
Senate, and the Speaker of the House of Representatives a comprehensive report that outlines
I-STREET’s clearly defined goals and its efforts and progress on reaching those goals.
The bill creates an advisory board to periodically review and advise I-STREET concerning its research
program. The board must consist of nine members with expertise in transportation-related areas,
including:
A member appointed by the President of the Senate.
A member appointed by the Speaker of the House of Representatives.
The Secretary of Transportation or his or her designee.
The Secretary of Economic Opportunity or his or her designee.
A member of the Florida Transportation Commission. 20
Four members nominated by UF’s College of Engineering and approved by UF’s president.
These nominees may include representatives of UF, other academic and research institutions,
or private entities.
18 UF Transportation Institute, Projects, https://www.transportation.institute.ufl.edu/i-street-living-lab/projects/ (last visited Jan. 13,
2022).
19 Department of Transportation (DOT), UF I-Street, https://www.fdot.gov/traffic/its/projects -deploy/cv/maplocations/uf-testbed.shtm (last
visited Jan. 14, 2022).
20 The Florida Transportation Commission is a citizen’s advisory board for the Department of Transportation.
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Progressive Design-Build and Innovative Contracting
Current Situation
Current law authorizes DOT, if it determines that doing so is in the public interest, to combine the
design and construction phases of a building, a major bridge, a limited access facility, or a rail corridor
project into a single contract, referred to as a “design-build” contract.21 DOT must adopt, by rule,
procedures for administering design-build contracts. Such procedures must include, but are not limited
to:
Prequalification requirements.
Public announcement procedures.
Scope of service requirements.
Letters of interest requirements.
Short-listing criteria and procedures.
Bid proposal requirements.
Technical review committee.
Selection and award processes.
Stipend requirements.22
Under Florida law, DOT is authorized to establish a program for transportation projects that
demonstrate innovative techniques of highway and bridge design, construction, maintenance, and
finance. The innovations must be intended to measure resiliency and structural integrity and control
time and cost increases on construction projects. These techniques may include state-of-the-art
technology for pavement, safety, and other aspects of:
Highway and bridge design, construction, and maintenance;
Innovative bidding and financing techniques;
Accelerated construction procedures; and
Techniques that have the potential to reduce project life cycle costs.
To the maximum extent practical, DOT must use existing processes to award and administer
construction and maintenance contracts.23
DOT’s authority for utilizing innovative techniques is limited to $120 million annually for the purposes of
contracting for innovative transportation projects. The $120 million annual cap does not apply to:
Turnpike Enterprise projects, and
Low-bid design-build milling and resurfacing contracts.24
According to the Design-Build Institute of America (DBIA), design-build projects enable the project
owner to manage only one contract, with the designer and contractor working together from the
beginning and providing consensus project recommendations to fit the owner’s schedule and budget.
The entire team addresses any necessary changes, which leads “to collaborative problem -solving and
innovation....” This method of project delivery, the DBIA asserts, creates an inherent “culture of
collaboration.”25 As described by the DBIA, the “progressive” type of design-build contract “uses a
qualifications-based or best value selection, followed by a process whereby the owner then
‘progresses’ towards a design and contract price with the team.”26