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
BILL: CS/CS/SB 64
INTRODUCER: Appropriations Committee on Transportation, Tourism, and Economic Development,
Transportation Committee and Senator Hooper
SUBJECT: Department of Transportation
DATE: March 10, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Price Vickers TR Fav/CS
2. Nortelus Jerrett ATD Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
CS/CS/SB 64 contains various provisions relating to the Florida Department of Transportation
(FDOT). The bill:
Requires the FDOT to coordinate with specified entities to establish standards by which the
State Highway System roads will be graded according to their compatibility with the
operation of autonomous vehicles and requires incorporation of the grading standards into
standards for specified transportation projects.
Codifies the existing Implementing Solutions from Transportation Research and Evaluation
of Emerging Technologies Living Lab, provides its minimal duties, requires a specified
annual report, and creates an advisory board.
Prohibits a producer from certifying any shipment of aggregates to a customer other than the
FDOT unless such shipment is in compliance with the FDOT’s rules, requires producer
certification of aggregates in accordance with the FDOT’s rules, provides that an electronic
ticket generated by a system used by the FDOT serves as an official record for material
deliveries on local government projects, and prohibits a local government from refusing to
accept electronic tickets.
Requires each contract let by the FDOT for performance of bridge construction or
maintenance over navigable waters to contain a provision requiring marine general liability
insurance, in an amount determined by the FDOT, which covers third-party personal injury
and property damage caused by vessels used by the contractor in the performance of the
BILL: CS/CS/SB 64 Page 2
Requires the FDOT to implement strategies to reduce the cost of all project phases while
ensuring the design and construction of project meet applicable federal and state standards,
and to track such strategies and the projected savings to be realized therefrom.
Authorizes the FDOT to share a portion of the construction cost savings realized due to a
change in the construction contract design and scope, initiated after execution of the contract,
with a design services consultant or a construction engineering and inspection services
consultant to the extent that the consultant’s input and involvement contributed to such
savings, not to exceed ten percent of the construction cost savings realized.
Clarifies that stipends paid by the FDOT to non-selected design-build firms that have
submitted responsive proposals for construction contracts contained in the FDOT’s
legislatively approved work program are not subject to existing documentation and
notification requirements for stipend payments made by the FDOT to resolve a bid protest
through a settlement.
Revises authorization for an applying contractor who desires to bid exclusively on
construction contracts with proposed budget estimates of $2 million (rather than $1 million)
to submit reviewed (rather than audited, certified) annual or reviewed interim financial
statements prepared by a certified public accountant.
Authorizes an applicant for an FDOT contractor certificate of qualification to submit with a
timely submitted application a request to keep an existing certificate, with the current
maximum capacity rating, in place until the expiration date.
Repeals a current provision of law providing temporary confidential and exempt status from
public records requirements for a document that reveals the identity of a person who has
requested or obtained a bid package, plan, or specifications pertaining to any project to be let
by the FDOT.
Repeals a provision prohibiting the FDOT from requesting legislative approval of a proposed
turnpike project until the design phase of that project is at least thirty percent complete.
Requires the FDOT to allocate $5 million to the workforce development program beginning
in the 2023-24 fiscal year and annually thereafter for five years.
Aside from the allocation for the workforce development program, the fiscal impact of the bill is
indeterminate. Please see the “Fiscal Impact Statement” heading.
The bill takes effect July 1, 2023.
II. Present Situation:
For ease of organization and readability, the present situation is discussed below in conjunction
with the effect of the proposed changes.
BILL: CS/CS/SB 64 Page 3
III. Effect of Proposed Changes:
State Highway System Grading Standards for Autonomous Vehicles (Section 1)
The term “autonomous vehicle” is defined in Florida law to mean any vehicle equipped with an
automated driving system.1 An “automated driving system” is the hardware and software that are
collectively capable of performing the entire dynamic driving task2 of an autonomous vehicle on
a sustained basis, regardless of whether it is limited to a specific operational design domain.3 A
“fully autonomous vehicle” means a vehicle equipped with an automated driving system
designed to function without a human operator.4
These vehicles are equipped with advanced sensors, such as radar, LiDAR,5 or cameras, and
computing abilities that perceive surroundings and activate steering, braking, and acceleration
actions without operator input.6 All autonomous vehicles are not “fully” autonomous and may
require operator input for some or all driving functions.7
Roads on the State Highway System8 (SHS) are not currently categorized or graded according to
their compatibility with autonomous vehicles.
Effect of Proposed Changes
The bill creates s. 316.83, F.S., requiring the FDOT to coordinate with federal, regional, and
local partners, as well as industry representatives, to establish standards by which roads on the
SHS must be graded according to their compatibility with the operation of autonomous vehicles.
In establishing such standards, the bill requires the FDOT to consider factors including, but not
limited to, the structural adequacy and safety of each road and the particular challenges that the
overall driving environment of each road may present to a fully autonomous vehicle operating
with the automated driving system engaged. These standards must be incorporated into the
Section 316.003(3)(a), F.S.
Meaning all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic within its
specific operational design domain, if any, excluding strategic functions such as trip scheduling and selection of destinations
and waypoints. Section 316.003(3)(b), F.S.
Section 316.003(3), F.S.
Section 316.003(3)(c), F.S. All autonomous vehicles are not “fully” autonomous. For a review of six levels of driving
autonomy defined by the Society of Automotive Engineers, see synopsys.com, The 6 Levels of Vehicle Autonomy Explained,
available at The 6 Levels of Vehicle Autonomy Explained | Synopsys Automotive (last visited March 9, 2023.)
LiDAR (Light Detection and Ranging) is a ranging device that measures the distance to a target, by sending a short laser
pulse and recording the time lapse between the outgoing light pulse and the detection of the reflected light pulse. See
synopsis.com, What is LiDAR, available at What is LiDAR and How Does it Work? | Synopsys (last visited March 9, 2023).
See FDOT, Florida’s Connected and Automated Vehicle (CAV) Initiative, available at The Florida Connected Vehicle
Initiative (fdot.gov) (last visited March 9, 2023).
For a review of six levels of driving autonomy defined by the Society of Automotive Engineers, see synopsys.com, The 6
Levels of Vehicle Autonomy Explained, available at The 6 Levels of Vehicle Autonomy Explained | Synopsys Automotive
(last visited March 9, 2023.)
“State Highway System” means the interstate system and all other roads within the state which were under the jurisdiction
of the state on June 10, 1995, and roads constructed by an agency of the state for the State Highway System, plus roads
transferred to the state’s jurisdiction after that date by mutual consent with another governmental entity, but not including
roads so transferred from the state’s jurisdiction. Section 334.03(24), F.S.
BILL: CS/CS/SB 64 Page 4
FDOT’s standards for transportation projects involving the construction or new roads or
maintenance of existing roads on the SHS.
Implementing Solutions from Transportation Research and Evaluating Emerging
Technologies (I-STREET) Living Lab (Section 2)
Various centers and institutes within the State University System are codified in Florida law,
including the Florida Industrial and Phosphate Research Institute at Florida Polytechnic
University,9 the H. Lee Moffitt Cancer Center and Research Institute at the University of South
Florida,10 the Louis de la Parte Florida Mental Health Institute at the University of South
Florida,11 the Florida Institute for Child Welfare at Florida State University,12 and the Center for
Urban Transportation Research (CUTR) at the University of South Florida (USF).13
CUTR’s responsibilities include, but are not limited to, conducting and facilitating research on
issues related to urban transportation problems in this state and serving as an information
exchange and depository for the most current information pertaining to urban transportation and
CUTR serves as a continuing resource for the Legislature, the FDOT, local governments, the
nation's metropolitan regions, and the private sector in the area of urban transportation and
related research and must generate support in addition to its state-funded support. CUTR must
promote intercampus transportation and related research activities among Florida's universities to
enhance the ability of these universities to attract federal and private sector funding for
transportation and related research.15
CUTR’s advisory board must periodically and objectively review and advise the center
concerning its research program. Except for projects mandated by law, CUTR may not undertake
state-funded base projects without advisory board approval. CUTR’s advisory board consists of
nine experts in transportation-related areas, including the secretaries of the FDOT, the
Department of Environmental Protection, and the Department of Economic Opportunity, or their
designees, and a member of the Florida Transportation Commission.16 The remaining five
members of the board are nominated by the President of USF, as submitted by USF’s College of
Engineering, and these appointments are reviewed and approved by the Florida Transportation
Commission and confirmed by the Board of Governors.17
Section 1004.346, F.S.
Section 1004.43, F.S.
Section 1004.44, F.S.
Section 1004.615, F.S.
Section 334.065, F.S.
Section 334.065(1), F.S.
Section 334.065(2), F.S.
See Florida Transportation Commission, About Us, available at http://www.ftc.state.fl.us/aboutus.shtm (last visited March
9, 2023). See also s. 20.23(2), F.S.
Section 334.065(3), F.S.
BILL: CS/CS/SB 64 Page 5
Similar in its transportation focus, but not codified, is the University of Florida’s (UF’s) I-
STREET Living Lab. I-STREET, the FDOT, the City of Gainesville, and others have partnered
to advance the I-STREET’s principal objective, which is to make significant improvements to
transportation safety and mobility, using a real-world testbed environment on and surrounding
the UF campus in the context of expanding, diverse technology installed on Florida segments of
the Interstate Highway System. According to the FDOT:
I-STREET is designed to assist in implementing emerging technologies
aimed at safety and mobility improvements. The FDOT will develop
requests for proposals (RFPs) utilizing the emerging technologies and will
select vendors through a competitive bidding process. The selected vendor
for each project will deploy technology solutions. The University of Florida
will conduct before-and-after evaluations of implemented projects. After
evaluation, the FDOT will consider whether to expand the successful I-
STREET projects elsewhere in the state.
The FDOT has allocated funding for these innovative projects per fiscal
year (FY) from FY 21 until FY 25. Each FY, the FDOT will fund multiple
projects based on the projects' merits and safety and mobility
improvement potential. The number of awards will vary depending on the
project type and scope.18
Effect of Proposed Changes
The bill creates s. 334.066, F.S., codifying the I-STREET Living Lab and providing I-STREET’s
minimum duties, which are to:
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
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 each July 1 thereafter, to the Governor, the President of the
Senate, and the Speaker of the House of Representatives a comprehensive report that outlines
I-STREET’s clearly defined goals and its efforts and progress on reaching those goals.
The bill creates an advisory board to periodically review and advise I-STREET concerning its
research program. The board consists of nine members with expertise in transportation-related
A member appointed by the President of the Senate.
A member appointed by the Speaker of the House of Representatives.
FDOT, UF I-Street, available at UF I-STREET (fdot.gov) (last visited January 14, 2020). For a listing of completed and
active projects and a map, see UF, I-STREET Projects, available at I-STREET Projects - I-STREET (ufl.edu) (last visited
March 9, 2023).
BILL: CS/CS/SB 64 Page 6
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 UF’s College of Engineering and approved by UF’s president.
These nominees may include representatives of UF, other academic and research institutions,
or private entities.
Construction Aggregates and Material Deliveries (Sections 3 and 4)
The FDOT is currently authorized to adopt rules relating to approval of aggregate19 and other
material sources.20 Pursuant to that authorization, the FDOT has adopted rules relating to
construction aggregates,21 setting out a standardized method for producers of construction
aggregates to apply for, receive, and maintain FDOT approval of construction aggregate sources
for use on FDOT projects. The FDOT’s primary methods of determining acceptability of
aggregate are source and product approv