HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 7049 PCB TMS 24-01 Transportation
SPONSOR(S): Infrastructure Strategies Committee, Transportation & Modals Subcommittee, McFarland
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 1032
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Transportation & Modals 18 Y, 0 N Walker Hinshelwood
Subcommittee
1) Infrastructure & Tourism Appropriations 13 Y, 0 N Hicks Davis
Subcommittee
2) Infrastructure Strategies Committee 24 Y, 0 N, As CS Walker Harrington
SUMMARY ANALYSIS
The bill addresses matters related to transportation. Specifically, the bill:
Requires a specified working group to develop performance and production measures used by the
Florida Transportation Commission and expands the duties of the commission.
Amends laws relating to railroad-crossing offenses and increases penalties for such offenses.
Provides express authority for local governments to impose minimum age requirements, require
possession of a government-issued photographic identification, and provide training relating to electric
bicycles, motorized scooters, and micromobility devices.
Amends requirements relating to Florida Department of Transportation (FDOT) landscaping
expenditures.
Revises requirements for advisory board membership of the Center for Urban Transportation Research
(CUTR) and the Implementing Solutions from Transportation Research and Evaluating Emerging
Technologies Living Lab (I-STREET) and requires specified reports from CUTR and I-STREET.
Repeals the Metropolitan Planning Organization Advisory Council and requires FDOT to, at least
annually, convene M.P.O.s of similar size for the purpose of exchanging best practices.
Requires that training for new M.P.O. governing board members be provided by FDOT and by either
CUTR or I-STREET.
Allows greater voting membership for M.P.O.’s that merge.
Revises transportation planning processes for M.P.O.’s.
Allows each M.P.O. to execute with FDOT a written agreement that clearly establishes the cooperative
relationship essential to accomplish the transportation planning requirements of state and federal law.
Requires FDOT to establish M.P.O. quality performance metrics, evaluate M.P.O. reports relating to
meeting its target for the performance measure, and post on FDOT’s website whether each M.P.O. has
made significant progress toward its target for the applicable reporting period.
Requires, by February 2025, the M.P.O.s serving Lee and Collier counties to submit a report
considering the feasibility of consolidation into a single M.P.O.
Requires, by October 31, 2024, FDOT to submit a report to the Governor and Legislature that provides
a comprehensive review of the boundaries of each of FDOT’s districts.
Requires, by October 1, 2024, the Department of Highway Safety and Motor Vehicles to begin
implementation of a redesigned standard state license plate.
The bill will have an indeterminate fiscal impact on the state, 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 .
STORAGE NAME: h7049c.ISC
DATE: 2/26/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Florida Transportation Commission (FTC)
Current Situation
The FTC is assigned to the Florida Department of Transportation (FDOT) for administrative and fiscal
purposes; otherwise, it functions independently of the control and direction of the FDOT. The FTC is
composed of nine commissioners appointed by the Governor and confirmed by the Florida Senate for
four-year terms. The FTC is required to meet at least four times per year.12
Current Florida law provides FTC’s primary functions as summarized below:
Recommend major transportation policies for the Governor’s approval and assure that approved
policies and any revisions are properly executed;
Periodically review the status of the state transportation system, including highway, transit, rail,
seaport, intermodal development, and aviation components of the system, and recommend
improvements to the Governor and the Legislature;
Perform an in-depth evaluation of the annual department budget request, the Florida
Transportation Plan, and the tentative work program for compliance with all applicable laws and
established departmental policies;
Monitor the financial status of the FDOT on a regular basis to assure that the department is
managing revenue and bond proceeds responsibly and in accordance with law and established
policy;
Monitor on at least a quarterly basis the efficiency, productivity, and management of the FDOT
using performance and production standards developed by the FTC;
Perform an in-depth evaluation of the factors causing disruption of project schedules in the
adopted work program and recommend to the Governor and the Legislature methods to
eliminate or reduce the disruptive effects of these factors;
Recommend to the Governor and the Legislature improvements to the FDOT’s organization in
order to streamline and optimize the efficiency of the department;
Monitor the efficiency, productivity, and management of the agencies and authorities; and
Conduct periodic reviews of FDOT’s and authority’s operations and budget, acquisition of
property, management of revenue and bond proceeds, and compliance with applicable laws and
generally accepted accounting principles.3
Effect of the Bill
The bill requires the FDOT secretary to establish annual performance and production measures;
establish a minimum standard for such measures; and publish a report on actual performance. Such
measures must be developed by a working group comprised of transportation industry leaders and
stakeholders, including, but not limited to, FTC members, members of academia, department staff, and
representatives of the certain agencies and authorities 4. Such measures, at a minimum, must include
the following:
Safety of the current transportation system in this state;
Contracts for construction and professional services procured on time and delivered on time and
within budget;
Preservation of the State Highway System;
Financial management; and
Effectiveness of other federally and state mandated programs.
1 Florida Transportation Commission (FTC), FTC Overview, http://www.ftc.state.fl.us/aboutus.shtm (last visited Feb. 26,
2024).
2 S. 20.23(2)(a), F.S.
3 S. 20.23(2)(b), F.S.
4 Agencies and authorities associated with highway, transit, rail, seaport, intermodal development, and aviation.
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This working group must develop any performance and production measure used by the FTC.
The bill revises the FTC’s primary functions by requiring it to:
Provide its recommendations from the periodic review of the status of the state transportation
system to applicable governing boards. This is in addition to the existing requirement to provide
such information to the Governor and the Legislature.
Monitor the efficiency, productivity, and management of any public transit provider5 and any
community transportation coordinator.6
Make recommendations to the Governor, the President of the Senate, the Speaker of the House
of Representatives, the FDOT, and the applicable governing board regarding any leadership,
process, management, or legislative changes needed to improve performance of agencies and
authorities that do not achieve the minimum acceptable performance standards.
Railroad-Highway Grade Crossing Traffic Laws and Penalties
Current Situation
Railroad-Highway Grade Crossing
Collisions between highway vehicles and trains have been one of the greatest sources of injuries and
fatalities in the railroad industry in the United States.7 During 2016-2020, there were 516 incidents at
408 highway-railroad grade crossings in Florida, accounting for 219 injuries and 89 fatalities. 8 Figure 1
provides a snapshot of the user action that caused such incidents.
Figure 1: Highway-Rail Grade Crossing Incidents by Highway User Action, 2016-20209
5 S. 341.031(1), F.S., defines “public transit provider” to mean a public agency providing public transit service, including
rail authorities created in ch. 343, F.S.
6 S. 427.011(5), F.S., defines “community transportation coordinator” to mean a transportation entity recommended by a
metropolitan planning organization, or by the appropriate designated official planning agency in an area outside the
purview of a metropolitan planning organization, to ensure that coordinated transportation services are provided to the
transportation disadvantaged population in a designated service area.
7 Highway-railroad grade crossings are intersections where a highway crosses a railroad at-grade. Warning or control
devices are required at grade crossings just like intersecting roads need stop signs or traffic signals. See U.S. Department
of Transportation, Highway-Rail Grade Crossings Overview, https://railroads.dot.gov/program -areas/highway-rail-grade-
crossing/highway-rail-grade-crossings-overview (last visited Feb. 26, 2024).
8 Florida Department of Transportation, Overview of Florida’s Highway Railroad Grade State Action Plan,
https://fdotwww.blob.core.windows.net/sitefinity/docs/default -source/rail/ plans/safety-action-plan/florida's-state-action-
plan-public-webinar.pdf?s fvrsn=e4cc7d82_2 (last visited Feb. 26, 2024).
9 Id.
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Obedience to Traffic Control Devices at Railroad-Highway Grade Crossings
Current Florida law requires any person walking or driving a vehicle and approaching a railroad-
highway grade crossing under any of the circumstances stated below to stop within 50 feet but not less
than 15 feet from the nearest rail of such railroad and to not proceed until he or she can do so safely:
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.10
Florida law prohibits a person from driving 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.11
A violation of the above law is a noncriminal traffic infraction, punishable pursuant to ch. 318, F.S., as
either a pedestrian violation12 or, if the infraction resulted from the operation of a vehicle, as a moving
violation.131415
Insufficient Clearance at Railroad-Highway Grade Crossings
Florida law prohibits a person from driving any vehicle through a railroad-highway grade crossing that
does not have sufficient:
Space to drive completely through the crossing without stopping;16 and
Undercarriage clearance to drive completely through the crossing without stopping. 17
A violation of the above law is a noncriminal traffic infraction, punishable as a moving violation. 18 The
statutory base fine is $6019, but with additional fees and surcharges, the total penalty may be up to
$158.20
Effect of the Bill
10 S. 316.1575(1), F.S.
11 S. 316.1575(2), F.S.
12 S. 318.18(1)(a), F.S., provides that all infractions of pedestrian regulations have a statutory base fine of $15. With
additional fees and surcharges, the total penalty may be up to $56.50. See also Florida Association of Clerk of Courts,
2023 Distribution Schedule of Court-Related Filing Fees, Service Charges, Costs and Fines, Including a Fee Schedule for
Recording, p. 38,
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/publicationsanddoc uments/2023_Distribution_Schedule_e.pdf
(last visited Feb. 26, 2024)
13 S. 318.18(3)(a), F.S., provides that a noncriminal traffic infraction, punishable as a moving violation has a statutory base
fine of $60. With additional fees and surcharges, the total penalty may be up to $158. See also Florida Association of
Clerk of Courts, 2023 Distribution Schedule of Court-Related Filing Fees, Service Charges, Costs and Fines, Including a
Fee Schedule for Recording, p. 42,
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/publicationsanddoc uments/2023_Distribution_Schedule_e.pdf
(last visited Feb. 26, 2024)
14 S. 316.1575(3), F.S.
15 S. 318.18, F.S., provides $100 for a violation of 316.1575 relating to obedience to traffic control devices at railroad -
highway grade crossings.
16 S. 316.1576(1), F.S.
17 S. 316.1576(2), F.S.
18 S. 316.1576(3), F.S.
19 S. 318.18(3)(a), F.S.
20 Florida Association of Clerk of Courts, 2023 Distribution Schedule of Court-Related Filing Fees, Service Charges, Costs
and Fines, Including a Fee Schedule for Recording, p. 42,
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/publicationsanddoc uments/2023_Distribution_Schedule_e.pdf
(last visited Feb. 26, 2024)
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Obedience to Traffic Control Devices at Railroad-Highway Grade Crossings
The bill clarifies that a person may not proceed until the railroad tracks are clear after stopping within
50 feet but not less than 15 feet from a railroad-highway grade crossing under the specified
circumstances aforementioned. The bill adds that railroad track equipment must be treated as a
railroad train in such circumstances.
The bill revises the penalties of violating the law relating to obedience to traffic control devices at
crossings by providing that for a:
First violation the person must pay a fine of $500 and have 6 points assessed against his or her
driver license; and
Second or subsequent violation, the person must pay a fine of $1,000 and have 6 points
assessed against his or her driver license.
Insufficient Clearance at Railroad-Highway Grade Crossings
The bill adds that a person may not drive a vehicle through a railroad-highway grade crossing that does
not have sufficient:
Space to drive completely through the crossing without obstructing the passage of other
vehicles, pedestrians, railroad trains, or other railroad equipment, notwithstanding any traffic
control signal indication to proceed; and
Undercarriage clearance to drive completely through the crossing without obstructing the
passage of a railroad train or other railroad equipment.
The bill revises the penalties of violating the law relating to insufficient clearance at a railroad-highway
grade crossing by providing that for a:
First violation, the person must pay a fine of $500 and have 6 points assessed against his or her
driver license; and
Second or subsequent violation, the person must:
o Pay a fine of $1,000;
o Have 6 points assessed against his or her driver license; and
o Have his or her driving privilege suspended for not more than 6 months.
Electric Bicycles, Motorized Scooters, and Micromobility Devices
Current Situation
Under Florida law, the operator of an electric bicycle or motorized scooter has all of the rights,
privileges, and duties applicable to the rider of a bicycle.21 These devices are defined in Florida law as
follows:
Electric bicycle:22 A bicycle or tricycle equipped with fully operable pedals, a seat or saddle for
the use of the rider, and an electric motor of less than 750 watts which meets the requirements
of one of the following three classifications:
o “Class 1 electric bicycle” means an electric bicycle equipped with a motor that provides
assistance only when the rider is pedaling and that ceases to provide assistance when
the electric bicycle reaches the speed of 20 miles per hour.
o “Class 2 electric bicycle” means an electric bicycle equipped with a motor that may be
used exclusively to propel the electri