HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 425 Transportation
SPONSOR(S): Infrastructure Strategies Committee, Infrastructure & Tourism Appropriations Subcommittee,
Transportation & Modals Subcommittee, Esposito, Andrade and others
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 64
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Modals Subcommittee 17 Y, 0 N, As CS Johnson Hinshelwood
2) Infrastructure & Tourism Appropriations 13 Y, 0 N, As CS Hicks Davis
Subcommittee
3) Infrastructure Strategies Committee 18 Y, 0 N, As CS Johnson Harrington
SUMMARY ANALYSIS
The bill addresses matters related to transportation. The bill:
Expands Florida’s existing Move Over Law to include disabled motor vehicles.
Requires the Department of Transportation (DOT) to establish standards by which the State Highway System will
be graded according to their compatibility with the operation of autonomous vehicles.
Revises provisions regarding airport land use compatibility zoning regulations and noise studies at airports.
Codifies the Implementing Solutions from Transportation Research and Evaluating Emerging Technologies (I-
STREET) Living Lab within the University of Florida.
Provides that a producer of construction aggregates (gravel, sand, etc.) may not represent that an aggregate is
certified for use unless such aggregate complies with DOT rules.
Requires a local governmental entity to accept electronic proof of delivery for construction materials.
Requires DOT contracts for bridge work over navigable waters to require a marine general liability insurance
provision in an amount determined by DOT.
Requires DOT to implement strategies to reduce project costs while still meeting applicable federal and state
standards.
Authorizes DOT to share up to 10 percent of construction cost savings with design and engineering consultants
whose input was involved in realizing the cost savings.
Provides that stipends paid by DOT to nonselected design-build firms that have submitted responsive proposals
for construction contracts, which stipends are contained in DOT’s legislatively -approved work program, are not
subject to specified documentation and notification requirements.
Authorizes a contractor who desires to bid exclusively on construction contracts with proposed budget estimates
of $2 million or less (increased from $1 million) to submit reviewed, rather than audited, fi nancial statements.
Authorizes an applicant for a contractor certificate of qualification to submit a request to keep an existing
certificate, with the current maximum capacity rating, in place until the expiration date of the existing certificate.
Repeals a public records exemption for documents that reveal the identity of a person who has requested or
obtained a bid package, plan, or specifications pertaining to any project to be let by DOT.
Authorizes specific information panels to be placed on rights -of-way if specified conditions are met.
Authorizes DOT to request legislative approval of a proposed turnpike project regardless of how complete the
project’s design phase is.
Encourages the consolidation of and cooperation between Metropolitan Planning Organizations (MPOs).
Requires a report regarding the consolidation of the MPOs serving Hillsborough, Pasco, and Pinellas Counties.
Revises provisions regarding the Metropolitan Planning Organization Advisory Council.
Authorizes DOT to use $5 million from the State Transportation Trust Fund for workforce development
Removes the requirement that railroad police be appointed by the Governor and gives them arrest powers in
every county in which the railroad operates.
Requires DOT to make $20 million available each year to provide for the movement and storage of aggregate.
The bill has a fiscal impact on state and local governments and the private sector. See Fiscal Analysis.
The bill has an effective date of July 1, 2023.
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:
Move Over Law
Current Situation
Pursuant to Florida’s Move Over Law,1 if an authorized emergency vehicle displaying any visual signals
is parked on the roadside, a sanitation vehicle is performing a task related to the provision of sanitation
services on the roadside, a utility service vehicle is performing a task related to the provision of utility
services on the roadside, a wrecker displaying amber rotating or flashing lights is performing a recovery
or loading on the roadside, or a road and bridge maintenance or construction vehicle displaying
warning lights is on the roadside without advance signs and channelizing devices, the driver of every
other vehicle must, as soon as it is safe:
Vacate the lane closest to the emergency vehicle, sanitation vehicle, utility service vehicle,
wrecker, or road and bridge maintenance or construction vehicle when driving on an interstate
highway or other highway with two or more lanes traveling in the direction of the emergency
vehicle, sanitation vehicle, utility service vehicle, wrecker, or road and bridge maintenance or
construction vehicle except when otherwise directed by a law enforcement officer. If such
movement cannot be safely accomplished, the driver must reduce speed as provided below.
Slow 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, when driving on a two-lane road, except when otherwise
directed by a law enforcement officer.
A violation of the Move Over Law is a noncriminal traffic infraction, punishable as a moving violation.2
The statutory base fine is $60,3 but with additional fees and surcharges, the total penalty may be up to
$158.4
Effect of the Bill
The bill expands Florida’s Move Over Law by adding a disabled motor vehicle displaying warning lights
or hazard lights that is stopped or using emergency flares or posting emergency signage. Under the
bill, other motorists will be required to move over for such disabled motor vehicles. A violation remains
a noncriminal traffic infraction punishable as a moving violation.
The bill republishes s. 318.18(2)(d), F.S., relating to the amount of penalties to incorporate changes to
the Move Over Law.
Autonomous Vehicle Grading Standards for the State Highway System
Current Situation
Florida law defines the term “autonomous vehicle” to mean any vehicle with an automated driving
system.5 The term “automated driving system” is defined to mean the hardware and software that are
1 S. 316.126(1)(b), F.S.
2 S. 316.126(6), F.S.
3 S. 318.18(3)(a), F.S.
4 Florida Association of Clerk of Courts, 2022 Distrib ution Schedule of Court-Related Filing Fees, Service Charges, Costs and Fines, p.
42, https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/advisories/2022/22bull098_attach_2_2022_dist.pdf (last visited Apr. 17,
2023).
5 S. 316.003(3)(a), F.S.
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collectively capable of performing the entire dynamic driving task6 of an autonomous vehicle on a
sustained basis, regardless of whether it is limited to a specific operational design domain. 7
Autonomous vehicles are equipped with advanced sensors, such as radar, LiDAR, or cameras, and
computing abilities to perceive surroundings and activate steering, braking, and acceleration actions
without operator input.8
Currently, Florida roads are not graded or categorized according to their compatibility with autonomous
vehicles.
Effect of the Bill
The bill requires the Department of Transportation (DOT) to coordinate with federal, regional, and local
partners, as well as industry representatives, to establish standards by which roads on the State
Highway System 9 must be graded according to their compatibility with the operation of autonomous
vehicles. In establishing these standards, DOT must 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 autonomous vehicle grading standards must be incorporated into
standards for transportation projects involving the construction of new roads or maintenance of existing
roads on the State Highway System.
Airport Noise Mitigation
Current Situation
Florida is home to 20 commercial service airports 10 and 109 general aviation airports.11 Additionally,
there are hundreds of small private airports.12
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. 13
Federal Airport Noise Study Regulations
At the federal level, the Federal Aviation Administration (FAA) regulates airports and airspace. A
federal Part 150 Noise Compatibility Study14 is a voluntary study that airports prepare to define its five-
6 Section 316.003(3)(b), F.S., defines the term “dynamic driving task” to mean 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.
7 S. 316.003(3), F.S. Section 316.003(3)(d), F.S., defines the term “operational design domain” as a description of the specifi c operating
domain in which an automated driving system is designed to properly operate, including, but not limited to, roadway types, sp eed
ranges, environmental conditions such as weather and time of day, and other domain constraints.
8 Department of Transportation, Florida's Connected and Automated Vehicle (CAV) Initiative, https://www.fdot.gov/traffic/teo-
divisions.shtm/cav-ml-stamp/connected-vehicles (last visited Feb. 15, 2023).
9 Section 334.03(24), F.S., defines the term “State Highway System” to mean 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 Stat e 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. These facilities shall be faci lities to which access is regulated.
10 Commercial service airports are publicly-owned airports that have at least 2,500 passenger boardings each year and receive
scheduled passenger service. 49 U.S.C. § 47102.
11 General aviation airports are airports that do not have scheduled se rvice or have less than 2,500 passenger boardings each year. 49
U.S.C. § 47102.
12 Department of Transportation (DOT), Florida Aviation System Plan 2035: Introduction. https://www.fdot.gov/aviation/FASP2035 (last
visited Apr. 15, 2023).
13 DOT, 2020 Airport Airspace Land Use Guideb ook, p. 99 https://fdotwww.blob.core.windows.net/sitefinity/docs/default-
source/aviation/2020_airport_airspace_-_land_use_guidebook-(2).pdf?guid=bc07f1b0-6316-416c-be1d-2e652774592a (last visited
Apr. 15, 2023).
14 14 C.F.R., part 150
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year vision of compatibility between the airport and the surrounding communities. 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.
Develops a comprehensive Noise Compatibility Program for the airport.15
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 airport
projects. For example, a Part 150 Study is required for FAA-authorized federal funding to mitigate
aircraft noise impacts to the surrounding community. Federal funds may be available to conduct the
study and to implement recommended noise mitigation measures. 17
When a noise study is conducted outside of Part 150, airports have some leeway regarding the study’s
scope and detail. The study may be tailored to an airport’s and community’s needs and may help
create a dialogue between the airport and the surrounding community. However, federal funds are not
available to conduct the study or to implement study recommendations. 18
Florida Law
In Florida, DOT is responsible for planning airport systems and overseeing the public airport system. 19
The owner or lessee of a proposed public airport20 must receive DOT approval before site acquisition,
construction, or establishment of a public airport facility.21 DOT is also responsible for licensing public
airport facilities prior to the operation of aircraft to or from the facility and must inspect such facilities
prior to licensing or license renewal.22 Current law authorizes local governments to establish and
operate airports 23 and governs airport zoning and land use issues. 24
Florida law requires political subdivisions to adopt, administer, and enforce airport land use
compatibility zoning regulations. At a minimum, these zoning regulations must address specified
issues. When an airport authority or other governing body operating a public-use airport25 has
conducted a Part 150 noise study, or where a public-use airport owner has established noise contours
pursuant to another study approved by the FAA, the zoning regulations must address the prohibition of
incompatible uses, as established in the study, except if such uses are specifically contemplated by
such study with appropriate mitigation described in the study.26
Where an airport authority or other governing body operating a public-use airport has not conducted a
noise study, the zoning regulations must address the prohibition of residential construction and any
15 National Academy of Sciences, Transportation Research Board, Consider a Part 150 Study,
https://crp.trb.org/acrpwebresource1/consider-a-part-150-study/ (last visited Apr. 17, 2023).
16
Id.
17 Id.
18 Id.
19 S. 332.001, F.S.
20 S. 330.27(6), F.S. For purposes of DOT approval and licensure, the term “public airport” means a publicly or privately-owned airport
for public use.
21 S. 330.30(1), F.S.
22 S. 330.30(2), F.S.
23 See ch. 332, F.S.
24 See ch. 333, F.S.
25 Section 333.01(15), F.S., defines the term “public-use airport” to mean an airport, publicly or privately owned, licensed by the state,
which is open for use by the public.
26 S. 333.03(2)(c), F.S.
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educational facility,27 except aviation school facilities, within an area contiguous to the airport
measuring one-half the length of the longest runway on either side of and at the end of each runway
centerline.28
Effect of the Bill
The bill provides that airport land use compatibility zoning regulations must, at a minimum, consider:
Where an airport authority or other governing body operating a public-use airport has conducted
a Part 150 noise study, or where a public-use airport owner has established noise contours
pursuant to another FAA-accepted public study, the mitigation, instead of prohibition, of
incompatible uses, as established in the noise study, within the noise contours established by
any of these studies, except if such uses are specifically contemplated by such study with
appropriate mitigation or similar techniques described in the study.
Where an airport authority or other governing body operating a public-use airport has not
conducted a noise study, the mitigation, instead of prohibition, of potent