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 64
INTRODUCER: Fiscal Policy Committee; Appropriations Committee on Transportation, Tourism, and
Economic Development Committee; Transportation Committee; and Senator Hooper
SUBJECT: Department of Transportation
DATE: April 26, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Price Vickers TR Fav/CS
2. Nortelus Jerrett ATD Fav/CS
3. Price Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/CS/SB 64 contains various provisions relating to the Florida Department of
Transportation (FDOT). The bill:
 Adds to Florida’s Move Over Law a disabled motor vehicle that is stopped and displaying
warning lights or hazard lights or using emergency flares or posting emergency signage or is
stopped and one or more persons are visibly present.
 Requires the FDOT to coordinate with specified entities to establish standards by which the
State Highway System (SHS) 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. Revises provisions regarding airport land use
compatibility zoning regulations and noise studies at airports.
 Revises the FDOT’s duty to provide a workforce development program and 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, to promote career paths in this state’s
road and bridge industry.
 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.
 Revises the definition of “certified for use,” prohibits a producer from representing that an
aggregate is certified for use unless such shipment is in compliance with the FDOT’s
BILL: CS/CS/CS/SB 64 Page 2
rules,and requires a local government to accept electronic proof of delivery as an official
record for a material delivery on the local governmental entity’s transportation project.
 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
work.
 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.
 Increases the allowable height of modular news racks, including advertising thereon, from 56
inches to 105 inches, but retains the limitation on total advertising space of 56 square feet.
 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 increased coordination and consultation between Metropolitan Planning
Organizations (MPOs); prohibits an MPO from performing project production or delivery for
capital improvement projects on the SHS; revises various provisions to apply to contiguous
urbanized metropolitan areas; requires certain MPOs to consider proportional representation
of the area’s population when selecting technical advisory committee membership; abolishes
the Chairs Coordinating Committee and requires the MPOs serving specified counties to
submit a feasibility report exploring possible consolidation into a single MPO serving the
contiguous urbanized area, with specified goals; and revises provisions relating to the MPO
Advisory Council.
 Provides Legislative findings relating to aggregate supply chain demands on the Strategic
Intermodal System and the transportation network; requires funding from the State
BILL: CS/CS/CS/SB 64 Page 3
Transportation Trust Fund (STTF) for seaport and rail line and rail facility projects that meet
the public purpose of providing increased capacity and capability to move and store
construction aggregate; provides project selection criteria; authorizes the FDOT to adopt
rules; and repeals these provisions on July 1, 2028, unless reenacted by the Legislature.

 Revises multiple provisions relating to railroad special officers.
Aside from the allocation for the workforce development program and the funding to facilitate
movement and storage of road construction aggregate material, 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.
III. Effect of Proposed Changes:
Move Over Law (Sections 1 and 2)
Present Situation
Section 316.126(1)(b), F.S., requires drivers, as soon as it is safe, to vacate the lane closest to
specified vehicles, including emergency, sanitation, utility service, wrecker, and construction
vehicles performing duties on the roadside. If such movement cannot be safely accomplished, the
driver must slow to a speed of 20 miles per hour less than the posted speed limit when the posted
speed limit is 25 miles per hour or greater. A violation is a noncriminal traffic infraction
punishable as a moving violation. The statutory base fine is $60, but with additional fees and
charges, the total penalty may be up to $158.1
The United State Government Accountability Office (GAO) studied Move Over laws in selected
states in 2020, which references a 2011 study conducted by the Florida Highway Patrol and the
University of Florida.2 The study reportedly concluded that “[O]verall compliance with the
“move over” component of the law across a variety of conditions was about 76 percent, but
compliance with the requirement to slow down to 20 miles per hour below the posted speed limit
when unable to move over was 5.8 percent.” The GAO study in general indicates the need for
increased public education and enforcement.
1
See Distribution Schedule of Court-Relating Filing Fees, Service Charges, Costs and Fines, available at
22bull098_attach_2_2022_dist.pdf (ymaws.com), p. 57 (last visited April 24, 2023).
2
gao.gov, GAO-21-166, EMERGENCY RESPONDER SAFETY: States and DOT Are Implementing Actions To Reduce
Roadside Crashes, page 16 (last visited April 24, 2023), citing G. Carrick and S. Washburn, “The Move Over Law: Effect of
Emergency Vehicle Lighting on Driver Compliance on Florida Freeways,” Transportation Research Record: Journal of the
Transportation Research Board, no. 2281 (2012) pp.1-7.
BILL: CS/CS/CS/SB 64 Page 4
According to AAA, nine states have “Move Over” laws for disabled vehicles, generally requiring
flashing hazard lights.3
Effect of Proposed Changes
The bill amends s. 316.126, F.S., to include in the requirements of Florida’s Move Over Law a
disabled motor vehicle that is stopped and is displaying warning lights or hazard lights or is
using emergency flares or posting emergency signage or is stopped and one or more person are
visibly present.
The bill also reenacts s. 318.18(2)(d), F.S., relating to the amount of penalties, to incorporate the
revisions to the Move Over Law.
State Highway System Grading Standards for Autonomous Vehicles (Section 3)
Present Situation
The term “autonomous vehicle” is defined in Florida law to mean any vehicle equipped with an
automated driving system.4 An “automated driving system” is the hardware and software that are
collectively capable of performing the entire dynamic driving task5 of an autonomous vehicle on
a sustained basis, regardless of whether it is limited to a specific operational design domain.6 A
“fully autonomous vehicle” means a vehicle equipped with an automated driving system
designed to function without a human operator.7
These vehicles are equipped with advanced sensors, such as radar, LiDAR,8 or cameras, and
computing abilities that perceive surroundings and activate steering, braking, and acceleration
actions without operator input.9 All autonomous vehicles are not “fully” autonomous and may
require operator input for some or all driving functions.10
3
See exchange.aaa.com, AAA-Slow-Down-Move-Over-Chart.pdf (last visited April 24, 2023). Note that while this document
lists Tennessee as applying its Move Over law to disabled vehicles, a review of available news articles suggests that such is
not yet the case, but legislation to add disabled vehicles is pending for 2023. See e.g., Proposed TN bill would expand 'Move
Over Law' to protect people working on disabled vehicles (wkrn.com) (last visited April 24, 2023).
4
Section 316.003(3)(a), F.S.
5
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.
6
Section 316.003(3), F.S.
7
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.)
8
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).
9
See FDOT, The Florida Connected Vehicle Initiative (fdot.gov) (last visited March 9, 2023).
10
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 | Synopsys Automotive (last visited March 9, 2023.)
BILL: CS/CS/CS/SB 64 Page 5
Roads on the State Highway System11 (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
FDOT’s standards for transportation projects involving the construction or new roads or
maintenance of existing roads on the SHS.
Airport Noise Mitigation (Section 4)
Present Situation
Aircraft noise is considered a public nuisance and a potential public health and welfare concern,
with airports and airport operations being an inherently noisy type of land use. Therefore, both
federal and Florida law require the consideration of noise impacts and restriction of uses
incompatible with certain levels of aircraft noise through land use planning and airport protection
zoning measures.12 Airport zoning regulations adopted by political subdivisions, as required by
current law,13 “should enforce land use restrictions within the specific contours specified by an
airport’s noise study (if completed) or within the general noise contours around an airport
without a noise study.”14
The Federal Aviation Administration (FAA) regulates airports and airspace at the federal level.
A Noise Compatibility Study under 14 C.F.R. part 150 is a voluntary study that airports prepare
to define each airport’s five-year vision of compatibility between the airport and the surrounding
communities.15
11
“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.
12
fdotwww.blob.core.windows.net, 2020_airport_airspace_-_land_use_guidebook-(2).pdf (windows.net), p. 99 (last visited
April 24, 2023).
13
Section 333.03(2)(c) and (d), F.S.
14
Supra note 12 at p. 100.
15
Part 150 establishes guidelines for a program that measures current and future aircraft noise levels and their associated
effects on the surrounding communities, outlines actions that will reduce or minimize aircraft noise over sensitive areas,
establishes land use guidelines to address compatibility between the airport and its surrounding communities, identifies areas
where aircraft noise is present and encourages land uses that are compatible, and develops a comprehensive Noise
Compatibility Program for the airport. See National Academy of Sciences, Transportation Research Board, Consider a Part
150 Study, available at Consider a Part 150 Study – Aligning Community Expectations with Airport Roles (trb.org) (last
visited April 24, 2023).
BILL: CS/CS/CS/SB 64 Page 6
An airport’s Part 150 Study includes Noise Exposure Maps defining the existing and future
aircraft noise exposure boundaries surrounding the airport and a Noise Compatibility Plan
identifying mitigation measures that could correct surrounding non-compatible land uses.16
Although noise studies are not normally required, a Part 150 Study may be required for some