HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1385 Department of Transportation
SPONSOR(S): LaMarca
TIED BILLS: IDEN./SIM. BILLS: SB 1126
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee 16 Y, 0 N Johnson Keating
2) Infrastructure & Tourism Appropriations 14 Y, 0 N Hicks Davis
Subcommittee
3) Commerce Committee 18 Y, 0 N Johnson Hamon
SUMMARY ANALYS
The bill addresses several matters related to the Department of Transportation (DOT). DOT’s mission is to
provide a safe transportation system that ensures the mobility of people and goods, enhances economic
prosperity, and preserves the quality of our environment and communities. In summary, the bill:
Clarifies that the Department of Revenue is responsible for transferring a portion of documentary stamp
tax revenues distributed to the General Revenue Fund.
Removes obsolete references to the general revenue service charge from specified transportation-
related state revenues.
Increases the authorized dollar amount of the alternative debt service cap on Right-of-Way Acquisition
and Bridge Construction bonds.
Amends the Move Over Law to include road and bridge maintenance or construction vehicles
displaying warning lights.
Authorizes persons to appear before the Commercial Motor Vehicle Review Board via communications
media technology, including video conference technologies.
Restores DOT’s rulemaking authority relating to airport zoning.
Clarifies provisions relating to the notice and hearing that DOT is required to provide when a
transportation project on the State Highway System modifies an existing access to an abutting property.
Revises from October 1 to August 1, the date for metropolitan planning organization annual
submissions of project priorities to the DOT districts.
Removes the expiration date for Legislative Budget Commission chair and vice chair authority to
approve certain amendments to DOT’s work program.
The bill may have an indeterminate, positive impact on state and local government revenues and an
insignificant negative impact on state government expenditures. See Fiscal Analysis section for details.
The bill has an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 4/15/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Documentary Stamp Tax/General Revenue Fund Transfer
Current Situation
Chapter 201, F.S., imposes an excise tax on certain documents, known as the documentary stamp tax.
The Department of Revenue (DOR) administers ch. 201, F.S.,1 including the collection of documentary
stamp taxes, which are distributed each fiscal year to the General Revenue Fund and various state
trust funds.2
After certain required payments to the Land Acquisition Trust Fund3 and the deduction of the General
Revenue service charge,4 the lesser of 24.18442 percent of the remainder or $541.75 million is
allocated to the State Transportation Trust Fund (STTF) in each fiscal year. Of such funds, $75 million
must be transferred to the General Revenue Fund in each fiscal year. The remaining amount is
credited to the STTF and must be used for the following programs: New Starts Transit Program, the
Small County Outreach Program, the Strategic Intermodal System, the Transportation Regional
Incentive Program, and the Florida Rail Enterprise.5
While ch. 201, F.S., specifies that DOR administers the documentary stamp tax, DOR is not expressly
identified as the entity responsible for making the $75 million transfer to the General Revenue Fund
each fiscal year.
Effect of the Bill
The bill clarifies that DOR is the entity responsible for transferring the $75 million each fiscal year to the
General Revenue Fund.
Obsolete General Revenue Surcharge References
Current Situation
Section 215.20(1), F.S., establishes an eight percent service charge to the General Revenue Fund
from all revenues deposited into most state trust funds,6 representing the estimated pro rata share of
the cost of general government.
Section 215.211, F.S., eliminates or reduces the general revenue service charge for specified
proceeds. Effective July 1, 2002, the service charge for taxes distributed under s. 206.606(1), F.S.,
relating to the distribution of motor fuel taxes, s. 212.0501(6), F.S., relating to taxes on diesel fuel for
business purposes, and s. 319.32(5), F.S., providing for the disposition of fees from certificate of title
transactions, were eliminated.7 Additionally, the service charge was eliminated beginning July 1, 2001,
on taxes distributed under s. 206.608, F.S., relating to the State Comprehensive Enhanced
Transportation System Tax.8 While the service charge on the specified taxes was eliminated, obsolete
references to the service charge remain in statute.9
Effect of the Bill
The bill amends ss. 206.606(1), 206.608, 212.0501(6), and 319.32(5), F.S., to remove obsolete
references to the general revenue service charge.
1
S. 201.11, F.S.
2
S. 201.15, F.S.
3
S. 201.15(1) and (2), F.S.
4
The General Revenue service charge is imposed by s. 215.20(1), F.S.
5
S. 201.15(4)(a), F.S.
6
Exceptions are enumerated in s. 215.22, F.S., including trust funds administered by the Department of Transportation.
7
S. 215.211(1), F.S.
8
S. 215.211(2), F.S.
9
DOT 2020 Legislative Proposal, Remove Obsolete Language Relating to Service Charge.
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Right-of-Way Acquisition and Bridge Construction Bonds-Debt Service Cap
Current Situation
The Department of Transportation (DOT) is authorized to issue Right-of-Way Acquisition and Bridge
Construction bonds to finance or refinance the cost of acquiring real property for state roads or the cost
of state bridge construction. Except for bonds issued to refinance previously issued bonds, bonds must
be authorized by the Legislature and must be issued pursuant to the State Bond Act.10,11
Section 206.46, F.S., authorizes DOT to transfer up to seven percent of the revenues deposited into
the STTF in each fiscal year to the Right-of-Way Acquisition and Bridge Construction Trust Fund, to
meet the requirements of outstanding or proposed bond obligations. Notwithstanding this authorized
annual transfer, the annual amount transferred may not exceed an amount necessary to provide the
required debt service coverage levels for a maximum debt service of $275 million,12 which was last set
in 2005.13
Section 339.139, F.S., requires DOT to manage all levels of debt to ensure that no more than 20
percent of total projected available state and federal revenues from the STTF, together with any local
funds committed to DOT projects, are committed to certain obligations in any year. Right-of-Way
Acquisition and Bridge Construction Bonds are included in DOT’s overall debt assessment.
In 2020, based on DOT’s most recent bond sale and Revenue Estimating Conference projections at the
time, the limit on debt service based on the seven-percent threshold would have been $287 million in
Fiscal Year 2019-2020 (based on revenues of $4.1 billion), growing to $350 million in Fiscal Year 2028-
2029 (based on revenues of $5 billion).14
Under the current statutory limit, the $275 million cap leaves DOT with about $100 million of available
bonding capacity.15
Effect of the Bill
The bill amends s. 206.46, F.S., to increase DOT’s maximum debt service coverage level from $275
million to $350 million. Under the bill, debt service may not exceed seven percent of the revenues
deposited into the STTF or $350 million, whichever is less. The increase of the debt service cap will
provide DOT with additional bonding capacity, offering it more flexibility in financing certain projects.
Move Over Law
Current Situation
Under Florida’s Move Over Law, if an emergency vehicle, a sanitation vehicle, a utility service vehicle,
or a wrecker is working along the side of the road, every other driver must vacate the lane closest to
the vehicle when driving on a highway with two or more lanes traveling in the direction of the vehicle. If
such movement cannot be safely accomplished, the driver must reduce his or her speed to a speed
that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per
hour or greater, or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less.16
The purpose of the Move Over Law is to protect workers stopped along the road performing their
jobs.17
10
The State Bond Act is codified in ss. 215.57-215.83, F.S.
11
S. 215.605, F.S.
12
S. 206.46(2), F.S.
13
Ch. 2005-290, L.O.F.
14 DOT 2020 Legislative Proposals, Change in the Right-of-Way Acquisition and Bridge Construction Bonds Debt Service Cap.
15
Id.
16
S. 316.126(1)(b), F.S.
17
Florida Driver Handbook, 2020, p. 44, available at https://www3.flhsmv.gov/handbooks/englishdriverhandbook.pdf (last visited
Feb. 17, 2021).
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A violation of the Move Over Law is a noncriminal traffic infraction, punishable as a moving violation.18
The statutory base fine for a moving violation is $60, but with additional fees assessed by the state and
local governments, the total fine increases to up to $158.19
According to DOT, for the safety of both workers and the public, temporary traffic control20 is required
for maintenance and construction activities. However, due to the risks associated with setting up
temporary traffic controls for short duration work activities, such as fence repair, ditch repair, or tree
trimming, such controls may be omitted. This places road and bridge maintenance or construction
vehicles in situations similar to vehicles identified in the Move Over Law, where they are working along
the road without protection from adjacent traffic.
Section 316.2397, F.S., prohibits certain lights on vehicles and provides certain exceptions. With regard
to road and bridge construction or maintenance vehicles, the statute provides that:
Road or street maintenance equipment, road or street maintenance vehicles, road service
vehicles, refuse collection vehicles, petroleum tankers, and mail carrier vehicles may show or
display amber lights when in operation or a hazard exists.
Road maintenance and construction equipment and vehicles may display flashing white lights or
flashing white strobe lights when in operation and where a hazard exists.21
Effect of the Bill
The bill amends the Move Over Law to include road and bridge maintenance or construction vehicles
displaying warning lights consistent with s. 316.2397, F.S., and operating on the roadside without
advance signs and channelizing devices (such as traffic cones or barricades). This will require drivers
to move over to a different lane or decrease their speed when road and bridge maintenance or
construction vehicles are displaying warning lights on the roadside.
Commercial Motor Vehicle Review Board
Current Situation
Section 316.545(7), F.S., creates the Commercial Motor Vehicle Review Board (board) within DOT,
consisting of three permanent members who are the Secretary of Transportation, the executive director
of the Department of Highway Safety and Motor Vehicles, and the Commissioner of Agriculture, or their
authorized representatives, and four additional members appointed by the Governor or the
Commissioner of Agriculture representing various industries. The board may review any penalty
imposed upon any vehicle or person relating to the weight imposed on the roads by the axles and
wheels of motor vehicles, to special fuel and motor fuel tax compliance, or to violations of safety
regulations. The board is authorized to hold sessions and conduct proceedings at any place.22
According to DOT’s website, the board meets in Tallahassee.23
Any person against whom a penalty is imposed may apply to the board for a modification, cancellation,
or revocation of the penalty. A written explanation provided within a letter protesting a penalty is
acceptable in lieu of physical attendance by a person requesting a hearing before the board, but
attendance “will provide the petitioner the opportunity to respond to board inquiries into subjects that
the petitioner may have overlooked when drafting his letter of protest.”24 Appearance by telephone is
18
S. 316.126(6), F.S.
19
Florida Court Clerks and Comptrollers Association, 2020 Distribution of Court Related Filing Fees, Service Charges, and Fines, p.
23, available at
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/advisories/advisories_2021/21bull005_Attach_2_2020_Dist.pdf (last
visited Feb. 17, 2021).
20
Temporary traffic control refers to the devices and personnel that change road conditions for a work zone or following an incident.
Email from John Kotyk, Deputy Director Legislative Affairs, Department of Transportation, Questions, January 31, 2020.
21
Ss. 316.2397(4) and (5), F.S.
22
S. 316.545(8), F.S.
23
Commercial Motor Vehicle Review Board, https://www.fdot.gov/traffic/reviewboard.shtm (last visited March 11, 2021)
24
See DOT, Traffic Engineering and Operations Office, Commercial Motor Vehicle Review Board, for more details on the Board, as
well as its 2021 meeting schedule, available at Commercial Motor Vehicle Review Board
https://www.fdot.gov/traffic/reviewboard.shtm (last visited March 11, 2021).
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not available, but DOT is required to provide space and video conference capability at each of its seven
district offices25 to enable a person requesting a hearing to appear remotely before the board, provided
the requester notifies the board at least 14 calendar days before the hearing date.26
By rule of the Administration Commission, agencies are currently authorized to conduct proceedings
using communications media technology, i.e., the electronic transmission of printed matter, audio, full-
motion video, freeze frame video, compressed video, and digital video by any method available.27 This
definition appears to include commonly available video conferencing programs.
Effect of the Bill
The bill authorizes a person appearing before the board to appear remotely via communications media
technology. The bill also removes the requirement that DOT provide space in its district offices for
persons to appear via video conference.
Airport Zoning-Rulemaking
Current Situation
In 2016, the Legislature amended28 chapter 333, F.S., which contains airport zoning provisions relating
to the management of airspace and land use at or near airports. In general, the 2016 law:
Updated statutory definitions and terms in accordance with federal regulations.
Streamlined the local airport protection zoning process to a simpler permitting model.
Provided local governments the flexibility to structure and incorporate the airport protection
zoning review process into existing local zoning review processes and repealed duplicative
requirements for obtaining a variance.
DOT has a long-standing rule29 “Airport Licensing, Registration, and Airspace Protection,” the purpose
of which is “to promote safe civil aviation by eliminating hazards; to provide airfield standards for
airports; to provide standards for airport marking and lighting; to license and register airports, pursuant
to the licensing and registration requirements of chapter 330, F.S., and to promote flight safety by
providing for airspace protection, pursuant to the requirements of chapter 333, F.S.” However, the 2016
amendments to ch. 333, F.S., eliminated this authority.
Effect of the Bill
The bill creates s. 333.15, F.S., to require DOT to adopt rules to implement ch. 333, F.S., thereby
providing specific statutory authority for the rule on Airport Licensing, Registration, and Airspace
Protection.
Transportation Projects Modifying Access to Adjacent Property
Current Situation
Whenever DOT proposes any project on the State Highway System which will divide a state highway,
erect median barriers modifying currently available vehicle turning movements, or