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 Committee on Fiscal Policy
BILL: CS/CS/CS/SB 1226
INTRODUCER: Fiscal Policy Committee; Appropriations Committee on Transportation, Tourism, and
Economic Development; Transportation Committee; and Senator DiCeglie
SUBJECT: Department of Transportation
DATE: February 28, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Johnson Vickers TR Fav/CS
2. Nortelus Jerrett ATD Fav/CS
3. Johnson Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/CS/SB 1226 revises various provisions relating to the Florida Department of
Transportation (FDOT). The bill:
 Updates FDOT’s statutory program areas to reflect its current organizational structure.
 Repeals obsolete language regarding the appointment of FDOT’s inspector general.
 Provides $15 million in recurring revenue be made available for the Intermodal Logistics
Center Infrastructure Support Program.
 Amends FDOT’s statutory mission, goals, and objectives.
 Requires public notice and input prior to a governmental entity repurposing one or more
existing traffic lanes.
 Increases from three years to ten years the length of time before an inactive prepaid toll
account becomes unclaimed property.
 Revises provisions regarding an interlocal agreement and FDOT’s funding of a fire station on
Alligator Alley.
 Prohibits FDOT from spending state funds on transportation entities violating certain
statutory requirements.
 Provides that specified revenues deposited into the State Transportation Trust Fund must first
be available for appropriation for payments under a service contract entered into with the
Florida Department of Transportation Financing Corporation to fund arterial highway
projects.
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 Authorizes FDOT to enter into service contracts with the Florida Department of
Transportation Financing Corporation for specified projects.
 Authorizes local governments in specified areas to, subject to specific appropriation, compete
for additional funding using the criteria for the Small County Outreach Program to fund
projects on roads primarily used for agricultural purposes.
 Provides that lane repurposing for public transit must be approved by a supermajority vote of
the transit authority’s board.
 Requires any action of eminent domain for public transit facilities must be discussed at a
public meeting of the transit provider’s board.
 Provides that certain unallocated New Starts Transit funds must be reallocated to the
Strategic Intermodal System for a two year period.
 Prohibits public transit providers from spending FDOT funds on certain marketing or
advertising activities.
 Prohibits window tinting on public transit buses from being any darker than what is legally
allowed for motor vehicles.
 Requires each public transit provider to annually certify that its budgeted and actual general
administrative costs are no greater than 20 percent above the state average administrative
costs.
 Requires public transit providers to disclose employee compensation and benefits, ridership
and performance metrics, and any gifts accepted in exchange for a contract.
 Requires specified increases in administrative costs by a public transit provider must be
reviewed and approved by FDOT.
 Grants the Florida Rail Enterprise the power and duty to preserve future rail corridors and
rights of way.
The bill may have both negative and positive fiscal impacts on private and governmental sectors.
See Section V., Fiscal Impact Statement.
The bill takes effect July 1, 2024.
II. Present Situation:
For ease of readability and organization, the present situation is discussed below with the effect
of proposed changes.
III. Effect of Proposed Changes:
FDOT Organizational Structure (Section 1)
Present Situation
The Florida Department of Transportation (FDOT) is a decentralized agency headed by the
Secretary of Transportation (secretary).1 The secretary may appoint up to three assistant
secretaries who are directly responsible to the secretary and who perform such duties as are
assigned by the secretary.2
1
Section 20.23(1)(a), F.S.
2
Section 20.23(1)(d), F.S.
BILL: CS/CS/CS/SB 1226 Page 3
FDOT’s secretary may appoint deputy assistant secretaries or directors which the secretary
deems necessary to accomplish FDOT’s mission and goals, including, but not limited to, the
areas of program responsibility listed below, each of whom is appointed by and serves at the
pleasure of the secretary. The secretary may combine, separate, or delete offices as needed in
consultation with the Executive Office of the Governor. FDOT's areas of program responsibility
include, but are not limited to:
 Administration;
 Planning;
 Public transportation;
 Design;
 Highway operations;
 Right-of-way;
 Toll operations;
 Information systems;
 Motor carrier weight inspection;
 Management and budget;
 Comptroller;
 Construction;
 Maintenance; and
 Materials.3
Effect of Proposed Changes
The bill revises FDOT’s areas of program responsibility by replacing:
 Public transportation with modal development; and
 Management and budget with work program development and budget.
The bill adds the following areas of program responsibility:
 Transportation technology;
 Statewide corridors;
 Forecasting and performance;
 Emergency management; and
 Safety.
Appointment of the Florida Department of Transportation’s Inspector General (Section 1)
Present Situation
Florida law establishes an office of inspector general in each state agency, providing a central
point of coordination of and responsibility for activities that promote accountability, integrity,
and efficiency in government. Florida law provides various duties and responsibility regarding
each state agency’s inspector general.4
3
Section 20.23(3)(b), F.S.
4
Section 20.055. FS.
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In 2014, the Legislature transferred the appointment and removal of a Governor’s agency
inspector general from the agency head to the Governor’s Chief Inspector General.5 For state
agencies under the jurisdiction of the Cabinet or the Governor and Cabinet, the agency head
appoints the agency’s inspector general. For state agencies under the jurisdiction of the
Governor, the Chief Inspector General appoints the agency’s inspector general. 6 FDOT is under
the Governor’s jurisdiction.7
Conflicting with the generally applicable requirements regarding the appointment of an inspector
general, Florida law also requires the Secretary of Transportation to appoint FDOT’s inspector
general.8
Effect of Proposed Changes
The bill repeals obsolete language regarding the Secretary of Transportation’s authority to
appoint FDOT’s inspector general.
Intermodal Logistics Center Infrastructure Support Program (Section 2)
Present Situation
An intermodal logistics center is a facility or group of facilities serving as a point of intermodal
transfer of freight in a specific area physically separated from a seaport where activities relating
to transport, logistics, goods distribution, consolidation, or value-added activities are carried out
and whose activities and services are designed to support or be supported by conveyance or
shipping through one or more seaports listed in s. 311.09, F.S.9
FDOT’s Intermodal Logistics Center Infrastructure Support Program’s (program) purpose is to
provide funds for roads, rail facilities, or other means for the conveyance or shipment of goods
through a seaport, enabling the state to respond to private sector market demands and meet the
state’s economic development goal of becoming a hub for trade, logistics, and export-oriented
activities. FDOT may provide funds to assist with local government projects or projects
performed by private entities that meet the public purpose of enhancing transportation facilities
for the conveyance or shipment of goods through a seaport to or from an intermodal logistics
center.10
FDOT must consider, but is not limited to, the following criteria when evaluating projects for
program assistance:
 The ability of the project to serve a strategic state interest.
 The ability of the project to facilitate the cost-effective and efficient movement of goods.
5
Chapter 2014-144, Laws of Fla.
6
Section 20.055(3)(a)1., F.S.
7
See s. 20.23(1)(a), F.S.
8
Section 20.23(3)(c), F.S.
9
Section 311.101(2), F.S. The ports listed in s. 311.09(1), F.S., are Jacksonville, Port Canaveral, Port Citrus, Fort Pierce,
Palm Beach, Port Everglades, Miami, Port Manatee, St. Petersburg, Putnam County, Tampa, Port St. Joe, Panama City,
Pensacola, Key West, and Fernandina.
10
Section 311.101(1), F.S.
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 The extent to which the project contributes to economic activity, including job creation,
increased wages, and revenues.
 The extent to which the project efficiently interacts with and supports the transportation
network.
 A commitment of a funding match.
 The amount of investment or commitments made by the owner or developer of the existing
or proposed facility.
 The extent to which the owner has commitments with private sector businesses planning to
locate operations at the intermodal logistics center.
 Demonstrated local financial support and commitment to the project.11
FDOT must provide up to 50 percent of project costs for eligible projects, except that for eligible
projects in rural areas of opportunity,12 where the FDOT may provide up to 100 percent of
project costs.13
When the program was created in 2012,14 up to $5 million per year was made available from the
State Transportation Trust Fund (STTF) for the program.15 This funding expired on July 1,
2020.16
Effect of Proposed Changes
The bill provides that, beginning in 2024-2025 fiscal year through the 2029-2030 fiscal year, $15
million in recurring revenue must be made available from the STTF for the program. FDOT must
include projects proposed to be funded in its tentative work program.
FDOT Mission, Goals, and Objectives (Section 3)
Present Situation
Section 334.046, F.S., contains FDOT’s mission, goals, and objectives. Under Florida law, the
prevailing principles to be considered in planning and developing an integrated, balanced
statewide transportation system are: preserving the existing transportation infrastructure;
enhancing Florida's economic competitiveness; and improving travel choices to ensure
mobility.17
FDOT’s mission is to provide a safe statewide transportation system that ensures the mobility of
people and goods, enhances economic prosperity, and preserves the quality of our environment
and communities.18
11
Section 311.101(3), F.S.
12
Rural Areas of Opportunity are designated in accordance with s. 288.0656(7)(a), F.S.
13
Section 311.101(6), F.S.
14
Chapters 2012-128 and 2012-174, Laws of Fla.
15
FDOT’s tentative work program is developed pursuant to s. 339.135(4), F.S.
16
See Chapter 2014-216, Laws of Fla.
17
Section 334.046(1), F.S.
18
Section 334.046(2), F.S.
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FDOT must document in the Florida Transportation Plan,19 and based upon the prevailing
principles of preserving the existing transportation infrastructure, enhancing Florida's economic
competitiveness, and improving travel choices to ensure mobility, the goals and objectives that
provide statewide policy guidance for accomplishing the department's mission.20
At a minimum, FDOT's goals must address the following prevailing principles:
 Preservation.—Protecting the state's transportation infrastructure investment. Preservation
includes:
o Ensuring that 80 percent of the pavement on the State Highway System meets FDOT
standards;
o Ensuring that 90 percent of FDOT-maintained bridges meet FDOT standards; and
o Ensuring that FDOT achieves 100 percent of the acceptable maintenance standard on the
State Highway System.
 Economic competitiveness.—Ensuring that the state has a clear understanding of the
economic consequences of transportation investments, and how such investments affect the
state's economic competitiveness. FDOT must develop a macroeconomic analysis of the
linkages between transportation investment and economic performance, as well as a method
to quantifiably measure the economic benefits of the district-work-program investments.
Such an analysis must analyze:
o The state's and district's economic performance relative to the competition.
o The business environment as viewed from the perspective of companies evaluating the
state as a place in which to do business.
o The state's capacity to sustain long-term growth.
 Mobility.—Ensuring a cost-effective, statewide, interconnected transportation system.21
Effect of Proposed Changes
The bill amends FDOT’s mission, goals and objectives. The bill requires FDOT to consider the
following prevailing principles when planning and developing the state’s multimodal
transportation system: preserving Florida’s transportation infrastructure; supporting its economic
competitiveness; and preserving Florida’s quality of life.
FDOT’s mission is to provide a safe statewide transportation system that promotes the efficient
movement of people and goods, supports the state’s economic competitiveness, prioritizes
Florida’s environment and natural resources, and preserves the quality of life and connectedness
of the state’s communities.
The prevailing principles outlined below must be incorporated into all goals and objectives that
provide statewide policy and guidance for accomplishing FDOT’s mission, including the Florida
Transportation Plan.
At a minimum, FDOT’s goals must address the following prevailing principles:
 Maintaining investments. – Protecting the state’s infrastructure investment, which includes:
19
The Florida Transportation Plan is provided for in s. 339.155, F.S.
20
Section 334.046(3)
21
Section 334.046(4), F.S.
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o Ensuring that 80 percent of the pavement on the State Highway System meets FDOT
standards;
o Ensuring that 90 percent of FDOT-maintained bridges meet FDOT standards; and
o Ensuring that FDOT achieves 100 percent of the acceptable maintenance standard on the
State Highway System.
 Economic competitiveness. - Ensuring that the state has a clear understanding of the return on
investment and economic impacts of transportation infrastructure investments and how such
investments affect the state's economic competitiveness. FDOT must develop a
macroeconomic analysis of the linkages between transportation investment and economic
performance, as well as a method to quantifiably measure the economic benefits of the
district-work-program investments. Such an analysis must analyze:
o The state's and district's economic performance relative to the competition.
o The business environment as viewed from the perspective of companies evaluating the
state as a place in which to do business.