HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 287 Transportation
SPONSOR(S): Infrastructure & Tourism Appropriations Subcommittee, Transportation & Modals
Subcommittee, Esposito
TIED BILLS: IDEN./SIM. BILLS: SB 266
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Modals Subcommittee 12 Y, 5 N, As CS Walker Hinshelwood
2) Infrastructure & Tourism Appropriations 9 Y, 5 N, As CS McAuliffe Davis
Subcommittee
3) Infrastructure Strategies Committee
SUMMARY ANALYSIS
The bill address matters related to transportation. Specifically, the bill:
Provides that the Florida Department of Transportation (FDOT) may not annually commit more than 20
percent of the revenue derived from state fuel taxes and motor vehicle license-related fees deposited
into the State Transportation Trust Fund for public transit projects, with exceptions.
Amends statutory requirements for vehicles equipped with teleoperation systems.
Increases from five to eight the number of Department of Highway Safety and Motor Vehicles
(DHSMV)-approved Basic Driver Improvement course elections that are allowed in a lifetime for a
person without a commercial driver license or commercial learner’s permit who is cited for a noncriminal
moving violation while driving a noncommercial motor vehicle.
Requires DHSMV to annually review changes made to major traffic laws of this state and to require
course content for certain driving courses to be modified accordingly.
Amends the law relating to public-private transportation facilities and partnerships to align with industry
terms and practices and to improve current processes.
Adds phased design-build contracts to the requirements that FDOT receive at least three letters of
interest in order to proceed with a request for proposals and that FDOT request proposals from no
fewer than three of the firms submitting letters of interest.
Provides in law, rather than as a requirement in an FDOT contract, that a motor vehicle used for the
performance of road or bridge construction or maintenance work on an FDOT project must be
registered in compliance with ch. 320, F.S.
Shortens the deadline for a claimant to institute an action, except an action for recovery of retainage,
against the contractor or surety to within 365 days after performance of the labor or completion of
delivery of the materials or supplies, rather than within 365 days after the final acceptance of the
contract work by FDOT.
Amends provisions relating to the limitation on liability of FDOT and its contractors by providing new
definitions, revising conditions under which a contractor is immune from liability, and adding an
additional circumstance wherein it is presumed that the driver’s operation of the vehicle was the sole
proximate cause of her or his own death, injury, or damage from a motor vehicle crash within a
construction zone.
Creates a working group for the purpose of streamlining the process of developing, executing, and
revising utility relocation agreements to facilitate timely relocation of utilities that are in conflict with the
department's construction projects.
Codifies the Local Agency Program (LAP) within FDOT.
The bill may have an indeterminate fiscal impact on state and local governments and the private sector.
The bill has an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0287b.ITA
DATE: 2/1/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
State Transportation Trust Fund
Current Situation
Florida law establishes the State Transportation Trust Fund (STTF), which is used for transportation
purposes, under the direction of the Florida Department of Transportation (FDOT). 1 Such transportation
purposes include maintaining and developing the state highway system and supporting various
transportation related projects.2
STTF’s primary revenue sources are from state fuel taxes and fees related to motor vehicle licensing. 3
FDOT must expend moneys in the STTF in accordance with its annual budget.4
FDOT’s annual budget is approved by the Legislature and the Governor and contains funding for
transportation related projects through the inclusion and adoption of the Five-Year Work Program,
which is a list of transportation projects planned for each fiscal year. State taxes and fees, along with
federal aid, make up the primary funding sources for the work program. Other funding sources include
tolls collected in certain facilities, proceeds from bond issuances, and local taxes and fees. 5
When preparing the Five-Year Work Program, FDOT is instructed to budget sufficient funds for federal
matching purposes.6 Additionally, FDOT’s Five-Year Work Program includes projects from an
Metropolitan Planning Organization’s (M.P.O’s) Transportation Improvement Program (TIP).
M.P.O’s are responsible to develop a list of project priorities and a TIP, which includes a listing of
upcoming transportation projects and priorities planned for a minimum of four years. The TIP is used to
initiate federally aided transportation facilities and improvements as well as other transportation
facilities and improvements including transit, rail, aviation, spaceport, and port facilities to be funded
from the STTF.7
Each fiscal year, a minimum of 15 percent of all state revenues deposited into the STTF are committed
annually by FDOT for public transportation projects.8
Florida law does not provide a cap on the maximum percent that FDOT may annually commit to public
transit projects. Public transit is defined in Florida law as the transporting of people by conveyances, or
systems of conveyances, traveling on land or water, local or regional in nature, and available for use by
the public. Public transit systems may be either governmentally owned or privately owned. Public
transit specifically includes those forms of transportation commonly known as paratransit. 9
Effect of the Bill
1 S. 206.46(1), F.S.
2 Office of Work Program and Budget Florida Department of Transportation, Florida’s Transportation Tax Sources, (2023),
p. 2,
https://fdotewp1.dot.state.fl.us/FMSupportApps/Documents/pra/P rimer. pdf#:~:text=STTF%E2%80%99s%20primary%20re
venue%20sources%20from%20state%20t axes%20and, fuel%20taxes%20and%20motor%20vehicle%20license% 20relate
d%20fees. (last visited Jan. 19, 2024).
3 Id.
4 S. 339.08(1), F.S.
5 Office of Work Program and Budget Florida Department of Transportation, supra note 2.
6 S. 339.135(3), F.S.
7 S. 339.175(8)(a), F.S.
8 S. 206.46(3), F.S. The funding cap minimum is for public transportation projects that are in accordance with ch. 311, ss.
332.003-332.007, ch. 341, and ch. 343 of F.S.
9 S. 341.031(6), F.S.
STORAGE NAME: h0287b.ITA PAGE: 2
DATE: 2/1/2024
The bill provides that FDOT may not annually commit to public transit projects under ch. 341, F.S.,
more than 20 percent of the revenue derived from state fuel taxes and motor vehicle license-related
fees deposited into the STTF, with the exception of the following public transit projects:
A project that uses revenues to match funds made available by the Federal Government.
A project included in an M.P.O’s TIP adopted pursuant to s. 339.175(8), F.S., and approved by
a supermajority vote of the board of county commissioners where the project is located.
Teleoperation System
Current Situation
Although Florida law provides for vehicles equipped with teleoperation systems, the law currently
requires that such vehicles also be equipped with an Automated Driving System (ADS). An ADS is the
hardware and software that are collectively capable of performing the entire dynamic driving task of an
autonomous vehicle,10 meaning that the hardware and software operate the vehicle. In contrast, a
teleoperation system is the hardware and software that allow a remote human operator to supervise or
perform aspects of, or the entirety of, the dynamic driving task. 11 Under current Florida law, only ADS-
equipped vehicles may be operated by a remote human operator, even though the ADS must be
disabled in order for a remote human operator to drive the vehicle by utilizing the teleoperation system.
Remote Human Operator
Florida law defines the term “remote human operator” to mean a natural person who is not physically
present in a vehicle equipped with an automated driving system who engages or monitors the vehicle
from a remote location. A remote human operator may have the ability to perform aspects of, or the
entirety of, the dynamic driving task for the vehicle or cause the vehicle to achieve a minimal risk
condition. A remote human operator must be physically present in the United States and be licensed to
operate a motor vehicle by a United States jurisdiction.12
A minimal risk condition is defined in Florida law as a reasonably safe state, such as bringing the
vehicle to a complete stop and activating the vehicle’s hazard lamps. 13
Operation of a Motor Vehicle with Active Display of Television or Video Content
Florida law currently prohibits a motor vehicle from operating the highways of this state if the vehicle is
actively displaying moving television broadcast or pre-recorded video entertainment content that is
visible from the driver’s seat while the vehicle is in motion, unless the vehicle is being operated with the
automated driving system engaged.14
Effect of the Bill
The bill amends the definition of remote human operator to mean a natural person who:
Is not physically present in the motor vehicle;
Engages or monitors the motor vehicle from a remote location;
Has the ability to perform aspects of, or the entirety of, the dynamic driving task for the motor
vehicle;
Has the ability to cause a motor vehicle to achieve a reasonably safe state, such as bringing the
vehicle to a complete stop and activating the vehicle’s hazard lamps;
Is physically present in the United States; and
Is licensed to operate a motor vehicle by a United States jurisdiction.
10 S. 316.003(3), F.S.
11 S. 316.003(95), F.S.
12 Id.
13 S. 319.145(2), F.S.
14 S. 316.303(1), F.S.
STORAGE NAME: h0287b.ITA PAGE: 3
DATE: 2/1/2024
The bill provides that when a teleoperation system is engaged, the remote human operator is deemed
to be the driver or operator of the motor vehicle and must operate the motor vehicle in compliance with
the applicable traffic and motor vehicle laws of the State of Florida.
The bill allows motor vehicles that are operated with the teleoperation system engaged to actively
display moving television broadcast or pre-recorded video entertainment content that is visible from the
driver’s seat while the vehicle is in motion on the highways of the state.
The bill provides that a motor vehicle equipped with a teleoperation system, while the teleoperation
system is engaged, must be covered by a policy of automobile insurance which provides:
Primary liability coverage of at least $1 million for death, bodily injury, and property damage.
Personal injury protection benefits that meet the minimum coverage amounts required under the
Florida Motor Vehicle No-Fault Law.
Uninsured and underinsured vehicle coverage as required by Section 627.727, F.S.
The bill provides that it is the legislative intent that there be a uniformity of laws governing autonomous
vehicles and motor vehicles equipped with teleoperation system. Additionally, the bill prohibits a local
government from imposing any tax, fee, for-hire vehicle requirement or other requirements on
teleoperation systems, motor vehicles equipped with teleoperation systems, or a remote human
operator of motor vehicle with a teleoperation system engaged.
Course Content for New Driver Education Courses and Driver Improvement Courses
Current Situation
Each applicant for a driver license who is not already licensed in another jurisdiction must complete a
traffic law and substance abuse education course (TLSAE course), unless the applicant has
satisfactorily completed a Department of Education driver education course. 15 The Department of
Highway Safety and Motor Vehicles (DHSMV) must approve TLSAE courses, and course materials
must be designed to promote safety, education, and driver awareness. 16 Approved TLSAE courses
must be updated at DHSMV’s request, and a course provider’s failure to do so within 90 days after
DHSMV’s request will result in the suspension of the course approval until such time that the updates
are submitted and approved by DHSMV.17
DHSMV must approve and regulate the basic driver improvement courses required by ss. 322.0261
and 318.14(9), F.S., as well as the advanced driver improvement courses required by ss.
322.0261(1)(c) and 322.291, F.S.18 In determining whether to approve these courses, DHSMV must
consider course content designed to promote safety, driver awareness, crash avoidance techniques,
and other factors or criteria to improve driver performance from a safety viewpoint, including promoting
motorcyclist, bicyclist, and pedestrian safety and risk factors resulting from driver attitude and
irresponsible driver behaviors, such as speeding, running red lights and stop signs, and using
electronic devices while driving.19 DHSMV must set and modify course content requirements to keep
current with laws and safety information.20 DHSMV may require that approved driver improvement
courses listed above be updated, and failure to do so will result in the suspension of the course
approval until the course is updated and approved by DHSMV.21
15 S. 322.095(1), F.S.
16 S. 322.095(2), F.S.
17 S. 322.095(7), F.S.
18 S. 318.1451(1), F.S. See also DHSMV, Driver Improvement Schools, https://www.flhsmv.gov/driver-licenses-id-
cards/education-courses/driver-improvement-
schools/#:~:text=All%20first%2Dtime%20drivers%20must,having% 20to%20take%20the% 20TLSAE (last visited Jan. 19,
2024); DHSMV, What are 3 crashes in 3 years and how do I complete this requirement?, https://www.flhsmv.gov/driver-
licenses-id-cards/education-courses/driver-improvement-schools/3-crashes-3-years-complete-requirement/ (last visited
Jan. 19, 2024).
19 S. 318.1451(2)(a), F.S.
20 S. 318.1451(6)(d), F.S.
21 S. 318.1451(6)(b), F.S.
STORAGE NAME: h0287b.ITA PAGE: 4
DATE: 2/1/2024
Effect of the Bill
The bill requires DHSMV to annually review changes made to major traffic laws of this state, including
the Move Over Law in s. 316.126(1)(b), F.S. DHSMV must require that course content for the TLSAE
course and the basic and advanced driver improvement courses be modified in accordance with
changes relevant to the courses.
Basic Driver Improvement Course Election
Current Situation
Under Florida law, if a person who does not hold a commercial driver license or commercial learner’s
permit is cited while driving a noncommercial motor vehicle for a noncriminal moving violation, then
such person may, in lieu of a court appearance, elect to attend in the location of his or her choice within
this state a Basic Driver Improvement (BDI) course approved by the Department of Highway Safety and
Motor Vehicles. This election may only be made once every 12 months and a total of five times within
his or her lifetime.22
Effect of the Bill
The bill increases from five to eight the number of DHSMV-approved BDI course elections that are
allowed in a lifetime for a person without a commercial driver license or commercial learner’s permit
who is cited for a noncriminal moving violation while driving a noncommercial motor vehicle.
Additionally, the bill conforms a cross-reference to reflect this increase in the section of law relating to
insurance discounts for persons completing a driver improvement course.
Public-Private Transportation Facilities and Comprehensive Agreements
Current Situation
Public-Private Transportation Facilities
Florida law allows FDOT to receive and solicit proposals and, with legislative approval of a project in
FDOT’s work program, enter into agreements with private entities for the building, operation,
ownership, or financing of transportation facilities. FDOT may advance projects in the adopted Five-
Year Work Program or projects in the 10-year Strategic Intermodal Plan greater than $500 million that
increase transportation capacity using funds provided by private entities. 23 24
Public-Private Partnerships
The use of public-private partnerships is authorized by Florida law 25 for a broad range of infrastructure
projects at the local and state level. Public