HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 1301 Department of Transportation
SPONSOR(S): Infrastructure Strategies Committee, Infrastructure & Tourism Appropriations Subcommittee,
Transportation & Modals Subcommittee, Abbott, Berfield, and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Modals Subcommittee 11 Y, 6 N, As CS Walker Hinshelwood
2) Infrastructure & Tourism Appropriations 10 Y, 4 N, As CS Hicks Davis
Subcommittee
3) Infrastructure Strategies Committee 17 Y, 8 N, As CS Walker Harrington
SUMMARY ANALYSIS
The bill addresses matters related to transportation. Specifically, the bill:
Revises the Florida Department of Transportation’s (FDOTs) areas of program responsibility.
Removes obsolete language that requires the FDOT secretary to appoint FDOT’s inspector general.
Changes the time period a prepaid toll account can remain dormant from three years to ten.
Provides a circumstance wherein FDOT may not expend any state funds to support a project or program of a
public transit provider, authority, public-use airport, or a port.
Provides that the remainder of the revenues deposited into the State Transportation Trust Fund (STTF) derived
from the registration of motor vehicles 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.
Allows FDOT to enter into a service contract with the Florida Department of Transportation Financing Corporation
to finance projects identified in the Moving Florida Forward Infrastructure Initiative in the Work Program.
Provides that when developing transportation plans, FDOT and Metropolitan Planning Organizations may not
consider any nonpecuniary factor.
Creates a Supply Chain Innovation Grant Program within the Department of Commerce.
Requires that any lane elimination or lane repurposing, recommendation, or application relating to public transit
projects must be approved by a two-thirds vote of the transit authority board in a public meeting with a 30-day
public notice and that any action of eminent domain for acquisition of public transit facilities carried out by a public
transit provider must be discussed by the public transit provider at a public meeting with a 30-day public notice.
Provides that the remaining unallocated New Starts Transit Program funds as of June 30 of each fiscal year, must
be reallocated for the purpose of the Strategic Intermodal System.
Provides that each public transit provider, by November 1, 2024, during a public meeting must annually c ertify
that its budgeted and general administration costs are not greater than 20 percent above the annual state
average of administrative costs for its respective tier; present a line-item budget report of its budgeted and actual
general administration costs; and disclose all salaried executive and management level employees' total
compensation packages, ridership performance and metrics, and any gift accepted in exchange for contracts.
Provides requirements for marketing and advertising by a public transit provider.
The bill will have an indeterminate fiscal impact on state and local governments and the private sector. See Fiscal
Analysis Section.
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 .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Florida Department of Transportation (FDOT) Program Responsibility
Current Situation
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.1
The secretary of FDOT may appoint positions at the level of deputy assistant secretary or director
which the secretary deems necessary to accomplish the mission and goals of the FDOT, including, but
not limited to, the areas of program responsibility provided above.2
Effect of the Bill
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 office.
Office of Inspector General
Current Situation
An Office of Inspector General (OIG) is established in each state agency to provide a central point for
coordination of and responsibility for activities that promote accountability, integrity, and efficiency in
government.3
For state agencies under the jurisdiction of the Governor, the Inspector General (IG) must be appointed
by the Chief IG. The agency head or Chief IG must notify the Governor in writing of his or her intention
to hire the IG at least 7 days before an offer of employment. The IG must be appointed without regard
to political affiliation.4
1 S. 20.23(3)(b), F.S.
2 Id.
3 S. 20.055(2), F.S.
4 S. 20.055(3)(a), F.S.
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Section 20.23(3), F.S., contains an obsolete provision that requires the Florida Department of
Transportation (FDOT) secretary to appoint an IG.5
Effect of the Bill
The bill removes obsolete language that requires the FDOT secretary to appoint the IG.
Dormant Prepaid Toll Accounts
Current Situation
Under Florida law, any prepaid toll account of any kind which has remained inactive for 3 years must be
presumed unclaimed and its disposition must be handled by the Department of Financial Services 6 in
accordance with all applicable provisions relating to the disposition of unclaimed property, and the
prepaid toll account shall be closed by FDOT.7
Effect of the Bill
The bill changes the time period a prepaid toll account can remain dormant from three years to ten.
Use of Moneys in the 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 FDOT.8 Such transportation purposes include maintaining and
developing the state highway system and supporting various transportation related projects.9 STTF’s
primary revenue sources are from state fuel taxes and fees related to motor vehicle licensing. 10 FDOT
must expend moneys in the STTF in accordance with its annual budget. 11
Effect of the Bill
The bill provides that FDOT may not expend any state funds approved through the General
Appropriation Act (GAA) to support a project or program of a public transit provider 12, certain
transportation authorities 13, public-use airport14, or a port15 which is found in violation of s. 381.00316,
F.S.16 The bill provides that FDOT must withhold state funds until a public transit provider, authority,
public-use airport, or port are found to be in compliance with s. 381.00316, F.S.
5 S. 20.23(3)(d), F.S.
6 Until claimed, unclaimed money is deposited into the state school fund, where it is used for public education. There is,
however, no statute of limitations, and citizens have the right to claim their property any time at no cost. Florida
Department of Financial Services, Unclaimed Property,
https://www.myfloridacfo.com/division/unclaimedproperty/home#:~:text=Florida%20Unclaimed%20P roperty&text=Until%2
0claimed%2C%20unclaimed%20money%20is,any%20time%20at% 20no% 20cost. (last visited Feb. 7, 2024).
7 S. 338.231(3)(c), F.S.
8 S. 206.46(1), F.S.
9 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 Feb. 7, 2024).
10 Id.
11 S. 339.08(1), F.S.
12 S. 341.031(1), F.S., defines public transit provider as a public agency providing public transit service, including rail
authorities.
13 Authority created pursuant to Ch. 343, 348, or 349.
14 S. 332.004(14), F.S., defines public-use airport as any publicly owned airport which is used or to be used for public
purposes.
15 S. 311.09(1), F.S., enumerates the following ports: Port of 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.
16 S. 381.00316, F.S., prohibits private businesses, government entities and educational institutions from requiring people
to provide documentation certifying COVID-19 vaccination or post-infection recovery or wear a face mask, face shield, or
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Arterial Highway Projects
Current Situation
After the revenue derived from the registration of motor vehicles is distributed monthly, as specified and
allocated per law, the remainder of such revenues must be deposited into the STTF. 17 This remainder
deposited in the STTF must be used to fund arterial highway18 projects identified by FDOT and may be
used for projects for upgrading arterial highways with controlled access facilities and constructing U.S.
19 controlled access facilities.19
Effect of the Bill
The bill provides that the revenues deposited into the STTF aforementioned must first be available for
appropriation for payments under a service contract entered into with the Florida Department of
Transportation Financing Corporation20 to fund arterial highway projects. Furthermore, the bill provides
that for the corporation's bonding purposes, two or more of such projects in FDOT's approved Work
Program (WP) may be treated as a single project.
Florida Department of Transportation Financing Corporation & Moving Florida Forward
Current Situation
Florida Department of Transportation Financing Corporation and Service Contracts
The Florida Department of Transportation Financing Corporation is created as a nonprofit corporation
for the purpose of financing or refinancing projects for FDOT.21
The Florida Department of Transportation Financing Corporation may enter into one or more service
contracts with FDOT to provide services to FDOT in connection with projects approved in the
department’s WP. FDOT may enter into one or more such service contracts with the corporation and
provide for payments under such contracts, subject to annual appropriation by the Legislature. 22 FDOT
may enter into a service contract in conjunction with the issuance of debt obligations which provide for
periodic payments for debt service or other amounts payable with respect to debt obligations, plus any
administrative expenses of the Florida Department of Transportation Financing Corporation. 23
Moving Florida Forward Initiative
During the 2023 Legislative session, the GAA transferred $4 billion from the General Revenue Fund to
the STTF for the Moving Florida Forward plan with the purpose of accelerating the completion of
selected road projects and providing traffic congestion relief in the state. The funds were placed in
reserve, contingent upon FDOT submitting a budget amendment for approval by the Legislative Budget
Commission (LBC). Such budget amendment must include a project list, implementation schedule,
finance plan, and budget authority necessary to implement the initiative.24
other facial covering to access the business, governmental operations or school attendance or enrollment, or to access
the institution and its services.
17 S. 320.20(5)(a), F.S.
18 S. 334.03(1), F.S., defines arterial road as a route providing service which is relatively continuous and of relatively high
traffic volume, long average trip length, high operating speed, and high mobility importance. In addition, every United
States numbered highway is an arterial road.
19 S. 339.0803, F.S.
20 S. 339.0809(1), F.S., provides that the Florida Department of Transportation Financing Corporation is created as a
nonprofit corporation for the purpose of financing or refinancing projects for FDOT.
21 Supra note 27.
22 S. 339.0809(4), F.S.
23 S. 339.0809(13), F.S.
24 Ch. 2023-239, Laws of Fla.
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On September 8, 2023, the LBC approved the appropriation and release of nearly $1.6 billion of these
funds for the first year of the Moving Florida Forward Plan.25
As seen below, there are 20 projects identified in the Moving Florida Forward Infrastructure Initiative:
Figure 1: Moving Florida Forward Project List 26
Effect of the Bill
The bill provides that funds appropriated for payments under a service contract with the Florida
Department of Transportation Financing Corporation must be available after funds pledged to payment
on bonds, but before other statutorily required distributions.
Additionally, the bill allows FDOT to enter into a service contract with the Florida Department of
Transportation Financing Corporation to finance those 20 projects identified in the Moving Florida
Forward Infrastructure Initiative in the WP. Such service contract payments may not exceed 7 percent
of the funds deposited in the STTF in each fiscal year. The annual payments under such service
contract must be included in FDOT's tentative WP27 and legislative budget request. Finally, FDOT must
ensure that the annual payments are programmed for the life of the service contract before execution of
the service contract and shall remain programmed until fully paid.
Transportation Planning
Current Situation
FDOT and Metropolitan Planning Organizations (M.P.O.s) are partners in the transportation planning,
with FDOT responsible for coordinating the state’s long range transportation goals, the Florida
25 State of Florida, Transparency Florida, Approved Budget Amendment Request B0112, Fiscal Year 2023-24,
http://www.transparencyflorida. gov/arreports/arreport/55469 (last visited Feb. 7, 2024).
26 FDOT, Moving Florida Forward Infrastructure Initiative, https://www.fdot.gov/movingfloridaforward/landing (last visited
Feb. 7, 2024).
27 S. 339.135(1)(c), F.S., defines the tentative work program as the 5-year listing of all transportation projects planned for
each fiscal year which is developed by FDOT’s central office based on the district work programs.
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Transportation Plan (FTP),28 and M.P.O.s responsible for coordinating regional long range
transportation plans.29 The M.P.O.s develop their Long Range Transportation Plan (LRTP) to
implement national and state goals for their metropolitan area. 30 Projects are developed and must be
included in the LRTP to be considered for funding.31 An M.P.O. must also develop its List of Priority
Projects (LOPP), which must be consistent with the LRTP and is used to inform the development of the
Transportation Improvement Program (TIP).32 An M.P.O.’s TIP includes a listing of projects planned for
the next five fiscal years.33 TIPs from all 27 M.P.O.s are combined together, along with FDOT’s other
non-metropolitan statewide projects to form the Statewide Transportation Improvement Program
(STIP).34 To be eligible for federal funding, projects must be included in the LRTP, TIP, and STIP.35 The
projects included in an M.P.O.’s TIP are funded and completed through the WP. 36
Effect of the Bill
The bill provides that when developing transportation plans, FDOT and M.P.O.s may not consider any
nonpecuniary factor. Rather, FDOT and M.P.O.s must consider pecuniary factors including, but not
limited to, the material effects on the risk or return of an investment, mitigation against natural hazards,
and long-term financial viability.
The bill defines nonpecuniary factor as social, political, or ideological interests, including environmental,