The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Committee on Transportation, Tourism, and Economic
Development
BILL: CS/CS/SB 1032
INTRODUCER: Appropriations Committee on Transportation, Tourism, and Economic Development;
Transportation Committee and Senator Gruters
SUBJECT: Transportation
DATE: February 22, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Johnson Vickers TR Fav/CS
2. Nortelus Jerrett ATD Fav/CS
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1032 amends various provisions relating to transportation. Specifically, the bill:
Deletes an obsolete effective date regarding the compensation of the Secretary of
Transportation and assistant secretaries.
Revises numerous provisions relating to obedience to traffic control devices at railroad-
highway grade crossings and increases penalties for associated violations.
Incorporates the changes to the railroad-highway grade crossing provisions into the traffic
infraction penalty and the driver license points statute.
Revises the membership of the Center for Urban Transportation Research’s advisory board.
Makes a technical change to the Implementing Solutions from Transportation Research and
Evaluating Emerging Technologies (I-STREET) Living Lab’s advisory board.
Creates a moratorium on new metropolitan planning organizations (MPOs) adjacent to
existing MPOs.
Requires the Florida Department of Transportation (FDOT) to annually convene MPOs of
similar size to exchange best practices.
Requires the FDOT to provide training for new MPO governing board members.
Creates the following provisions regarding MPO accountability and transparency:
o Requires the FDOT to review each MPO's long-range transportation plan.
o Requires the FDOT to create quality performance metrics to evaluate each MPO.
BILL: CS/CS/SB 1032 Page 2
o Requires each MPO to annually report its score for each quality performance metric and
publish its score and supporting data on its website.
o Requires the FDOT to validate each MPOs score and make needed adjustments.
Requires the integration of new technologies into MPO long-range transportation plans.
Requires the MPOs in Lee and Collier Counties to submit a feasibility study regarding their
merger.
Repeals the Metropolitan Planning Organization Advisory Council (MPOAC).
Authorizes airports and seaports to charge the same reasonable pickup fees for both taxicabs
and transportation network companies.
Requires the FDOT to submit a comprehensive review of its district boundaries and whether
any district boundaries should be redrawn as a result of population growth and increased
urban density.
Makes technical and conforming changes.
The bill has an indeterminate fiscal impact on the FDOT and MPOs. See Section V., Fiscal
Impact Statement.
The bill takes effect July 1, 2024.
II. Present Situation:
For ease of organization and readability, the present situation is discussed below with the effect
of proposed changes.
III. Effect of Proposed Changes:
Secretary of Transportation Compensation (Section 1)
Present Situation
The Florida Department of Transportation is headed by the Secretary of Transportation
(Secretary).1 The Secretary may appoint up to three assistant secretaries to perform duties as
assigned by the Secretary.2 Florida law provides that any Secretary appointed after July 5, 1989,
and the assistant secretaries are exempt from the Career Service System,3 and must be
compensated commensurate with their qualifications and competitive with compensation for
comparable responsibility in the private sector.4
Effect of Proposed Changes
The bill removes an obsolete July 5, 1989, effective date regarding the compensation of the
Secretary of Transportation and his or her assistant secretaries.
1
Section 20.23(1)(a), F.S.
2
Section 20.23(1)(c), F.S.
3
Chapter 110, part III, F.S.
4
Section 20.23(1)(e), F.S.
BILL: CS/CS/SB 1032 Page 3
Railroad-Highway Grade Crossing Safety (Sections 2, 3, and 4)
Present Situation
Railroad-Highway Grade Crossings
Railroad-highway grade crossings are intersections where a highway crosses a railroad at-grade.
To avoid collisions, warning/control devices are required at grade crossings. Active grade
crossings have active warning and control devices such as bells, flashing lights, and gates, in
addition to passive warning devices such as crossbucks, yield or stop signs and pavement
markings. Similarly, passive grade crossings have only passive warning devices.5
Obedience to Traffic Control Devices at Railroad-Highway Grade Crossings
Under Florida law, any person walking or driving a vehicle and approaching a railroad-highway
grade crossing under any of the circumstances stated below must stop within 50 feet but not less
than 15 feet from the nearest rail of such railroad and may not proceed until he or she can do so
safely. The above requirements apply when:
A clearly visible electric or mechanical signal device gives warning of the immediate
approach of a railroad train;
A crossing gate is lowered or a law enforcement officer or a human flagger gives or
continues to give a signal of the approach or passage of a railroad train;
An approaching railroad train emits an audible signal or the railroad train, by reason of its
speed or nearness to the crossing, is an immediate hazard; or
An approaching railroad train is plainly visible and is in hazardous proximity to the railroad-
highway grade crossing, regardless of the type of traffic control devices installed at the
crossing.6
A person many not drive any vehicle through, around, or under any crossing gate or barrier at a
railroad-highway grade crossing while the gate or barrier is closed or is being opened or closed.7
A violation is a noncriminal traffic infraction, punishable as either a pedestrian violation or, if
the infraction resulted from the operation of a vehicle, as a moving violation.8 For a moving
violation, the statutory base fine is $100,9 but with additional fees and charges, the penalty may
be up to $198.10
Insufficient Clearance at a Railroad-Highway Grade Crossing
Under Florida law, a person may not drive any vehicle through a railroad-highway grade
crossing that does not have sufficient space or undercarriage clearance to drive completely
5
Federal Railroad Administration, Highway-Rail Grade Crossing Overview, https://railroads.dot.gov/program-
areas/highway-rail-grade-crossing/highway-rail-grade-crossings-overview (last visited February 19, 2024).
6
Section 316.1575(1), F.S.
7
Section 316.1575(2), F.S.
8
Section 316.1575(3), F.S.
9
Section 318.18(9), F.S.
10
Florida Association of Clerks of Court, 2023 Distribution Schedule as of July 1, 2023, p. 56.
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/publicationsanddocuments/2023_Distribution_Schedule_e.pdf
(last visited February 19, 2023).
BILL: CS/CS/SB 1032 Page 4
through the crossing without stopping.11 A violation is a noncriminal traffic infraction,
punishable as a moving violation.12 For a moving violation, the statutory base fine is $60,13 but
with additional fees and charges, the penalty may be up to $158.14
Driver License Points
When a driver accumulates a specified number of points on his or her driving record within a
certain time period, his or her license is suspended, as follows:
12 points in 12 months – 30-day suspension.
18 points in 18 months – 3-month suspension.
24 points in 36 months – 12-month suspension.15
Effect of Proposed Changes
The bill provides that any person walking, cycling, or driving a vehicle and approaching a
railroad-highway grade crossing must stop within 50 feet, but not less than 15 feet, from the
nearest rail of such railroad and may not proceed until the railroad tracks are clear. The bill, in
addition to the railroad train, requires people to stop for railroad track equipment. The bill
increases the penalties for such moving violations to:
For a first violation, a fine of $500 and 6 points assessed against his or her driver license.
For a second or subsequent violation, a fine of $1,000 and 6 points assessed against his or her
driver license.
The bill increases the penalties for stopping a vehicle while driving through a railroad-highway
grad crossing that does not have sufficient space to drive completely through the crossing or does
not have sufficient undercarriage clearance. The violation remains a noncriminal traffic
infraction, the penalties are increased as follows:
For a first violation, the person must pay a fine of $500 and have 6 points assessed against
his or her driver license.
For a second or subsequent violation, the person must pay a fine of $1,000, have 6 points
assessed against his or her driver licenses, and have his or her driving privilege suspended for
not more than 6 months.
The bill amends s. 318.18, F.S., relating to the amount of penalties for traffic infractions,
incorporating the above revisions into that statute.
The bill amends s. 322.27, F.S., to add 6 points for unlawfully driving a vehicle through a
railroad-highway grade crossing to the existing driver license point system.
11
Sections 316.1576(1)-(2),F.S.
12
Section 316.1756(3), F.S.
13
Section 318.18(3)(a), F.S.
14
Florida Association of Clerks of Court, 2023 Distribution Schedule as of July 1, 2023, p. 42.
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/publicationsanddocuments/2023_Distribution_Schedule_e.pd
f (last visited February 19, 2023).
15
Section 322.27(3), F.S.
BILL: CS/CS/SB 1032 Page 5
Center for Urban Transportation Research Advisory Board (Section 5)
Present Situation
The Center for Urban Transportation Research (CUTR) is established at the University of South
Florida (USF). CUTR’s responsibilities include conducting and facilitating research on issues
related to Florida’s urban transportation problems and serving as an information exchange and
depository for the most current information pertaining to urban transportation and related
issues.16
CUTR’s advisory board reviews and advises CUTR concerning its research program. Except for
projects mandated by law, CUTR may not undertake state-funded projects without advisory
board approval. CUTR’s advisory board consists of nine transportation experts, including:
The Secretary of Transportation or his or her designee.
The Secretary of Environmental Protection or his or her designee.
The Secretary of Economic Opportunity17 or his or her designees.
A member of the Florida Transportation Commission.
The nomination of the remaining board members is made to USF’s President by USF’s
College of Engineering. The appointment of these members are reviewed and approved by
the FTC and confirmed by the Board of Governors.18
Effect of Proposed Changes
The bill amends CUTR’s advisory board to consist of 10 transportation experts including the
following:
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 Commerce or his or her designee.
A member of the Florida Transportation Commission.
Five members recommended to the President of USF by USF’s College of Engineering.
These appointments must be reviewed, approved, and confirmed by the Board of Governors.
Implementing Solutions from Transportation Research and Evaluating Emerging
Technologies (I-STREET) Living Lab Advisory Board (Section 6)
Present Situation
The Implementing Solutions from Transportation Research and Evaluating Emerging
Technologies (I-STREET) Living Lab is established at the University of Florida (UF).19 The I-
STREET Living Lab must:
Conduct and facilitate research on issues related to innovative transportation mobility and
safety technology development and deployment in this state and serve as an information
16
Section 334.065(1), F.S.
17
In 2023, the Department of Economic Opportunity was renamed the Department of Commerce. See Ch. 2023-173, Law of
Fla.
18
Section 334.065(3), F.S.
19
Section 334.066(1), F.S.
BILL: CS/CS/SB 1032 Page 6
exchange and depository for the most current information pertaining to transportation
research, education, workforce development, and related issues.
Be a continuing resource for the Legislature, the FDOT, 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, 2024, and annually thereafter, to the Governor, the President of the Senate,
and the Speaker of the House of Representatives a comprehensive report that outlines its
clearly defined goals and its efforts and progress on reaching those goals.20
I-STREET’s advisory board periodically reviews and advises I-STREET concerning its research
program. The board consists of the following members with transportation-related expertise:
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.
Four members nominated by the UF's College of Engineering and approved by UF's
president. The College of Engineering's nominees may include representatives of UF, other
academic and research institutions, or private entities.21
Effect of Proposed Changes
The bill amends I-STREET’s advisory board changing the Secretary of Economic Opportunity to
the Secretary of Commerce to reflect a change in the agency’s name.
Metropolitan Planning Organizations (Section 7)
An MPO is the policy board created and designated to carry out the metropolitan transportation
planning process.22 MPOs are required to represent localities in all urbanized areas with
populations over 50,000, as determined by the U.S. Census.23 Currently, Florida has 27 MPOs,
the largest number of MPOs in the nation.
Federal law and regulations give MPOs, in coordination with the FDOT and others, significant
transportation planning responsibility. Federal law requires MPOs to be designated for each
urbanized area with a population of more than 50,000 individuals by agreement between the
Governor and units of general purpose local government that together represent at least 75
percent of the affected population, including the largest incorporated city; or in accordance with
procedures established by applicable state or local law.24
20
Section 334.066(2), F.S.
21
Section 334.066(3), FS.
22
23 C.F.R. § 450.104.
23
Federal Transit Administration, Metropolitan Planning Organization, https://www.transit.dot.gov/regulations-and-
guidance/transportation-planning/metropolitan-planning-organization-mpo (last visited February 8, 2024).
24
23 U.S.C., § 134(d)(1)
BILL: CS/CS/SB 1032 Page 7
MPO Purpose/Intent
Present Situation
Florida law provides legislative intent to