Transportation — Closed Captions

THE COMMITTEE ON TRANSPORTATION WILL COME TO ORDER, CALL THE ROLL. HERE. >> QUORUM IS PRESENT MR. CHAIR. THANK YOU MARY, IF EVERYONE WILL SILENCE THEIR ELECTRONIC DEVICES AND ANYONE WISHES TO SPEAK BEFORE THE COMMITTEE PLEASE FILL OUT AN APPEARANCE CARD AND HANDED IT TO ONE OF THE SERGEANTS. ALSO IF YOU'D LIKE TO WAIVE YOUR RIGHT TO SPEAKING YOUR POSITION WILL BE INCLUDED IN THE COMMITTEE MEETING RECORDS. WE HAVE SEVERAL BILLS COMMITTEE MEMBERS AND WE ARE GOING TO BE JUMPING AROUND A LITTLE BIT. FIRST UP WE'RE GOING TO TAKE TAB 2 SB 1274. BY SENATOR DICEGLIE AND I THINK YOU HAVE A DELETE ALL IF YOU'D LIKE TO START WITH BARCODE 181278 AND ARE RECOGNIZED TO PRESENT. THANK YOU MR. CHAIR AND GOOD AFTERNOON SENATORS. THIS AMENDMENT REMOVES FROM THE BILL PROVISIONS RELATED TO THE INTERNATIONAL FUEL TAX AGREEMENT OFFERING HIGHWAY VEHICLES, MOTOR VEHICLE NOISE PROHIBITIONS GOLF CART CONVERSIONS TO LOW-SPEED VEHICLES AND CHANGES TO DIGITAL DRIVERS LICENSES AND IDENTIFICATION CARDS. THE AMENDMENT ADDS TO THE BILL AND AUTHORIZES COUNTIES AND MUNICIPALITIES TO SET LOWER SPEED LIMITS ON RESIDENTIAL STREETS, CLARIFIES A LICENSE PLATE IS NOT CONSIDERED OBSCURE IF A LICENSE PLATE FRAME IS NOT OBSCURING THE PLATE NUMBER OR VALIDATION STICKER, WE HEARD A LOT ABOUT THAT OVER THE SUMMER, AUTHORIZES FDO T TO FUND THE COST FOR ELIGIBLE AVIATION PRODUCTS CERTAIN PUBLIC USE AIRPORTS IN RURAL AREAS, THE AMENDMENT LIMITS THE ACQUIRED YELLOW LIGHTS EQUIPPED WITH RED LIGHT CAMERAS, REVISES PROVISIONS REGARDING USE OF LICENSE PLATE READERS BY PRIVATE PARTIES TO ALLOW READERS TO CONTROL OR REPORT ACCESS TO PRIVATE PROPERTY, REVISES USE OF DATA FROM LICENSE PLATE READERS TO ALLOW FOR USE AS AUTHORIZED UNDER FEDERAL OR STATE LAW, REINFORCE PARKING PENALTIES, REQUIRES FDOT TO ESTABLISH CIRCUMSTANCES UNDER WHICH IT MAY MAKE PAYMENTS TO A FIRST-TIER SUBCONTRACTOR AND REMOVES LEGISLATIVE FINDINGS FROM THE GRANT PROGRAM MR. CHAIR, THAT IS THE AMENDMENT. ANY QUESTIONS ON THE AMENDMENT MEMBERS, I MIGHT AS WELL LOOK OVER HERE BECAUSE THERE'S NOBODY ON THAT SIDE. ANY QUESTIONS. WE DO HAVE SOME PUBLIC TESTIMONY ON THE AMENDMENT, LUCAS PARSONS, MUNICIPAL PARKING SERVICES, ARE YOU HERE? WAIVE AND SUPPORT, APPRECIATE IT. ANYBODY ELSE, WE ARE IN DEBATE ON THE AMENDMENT, MEMBERS ANY DEBATES ON THE AMENDMENT, SEEING NONE YOU ARE RECOGNIZED CLOSE, WAIVE CLOSE. ALL IN FAVOR SAY YEA. SEEING NO OPPOSITION SHOW THAT ADOPTED, BACK ON THE BILL AS AMENDED WHICH WAS PRESENTED AS WELL AND ANY QUESTIONS ON THAT, SENATOR YOU ARE RECOGNIZED. >> GOOD AFTERNOON SEN. DICEGLIE, JUST TWO QUESTIONS, ONE ON THE YELLOW LIGHT SIGNAL TIMING. WHY ARE WE DOING THAT, IS THAT SOMETHING FOR SAFETY OR HOW DID WE COME ABOUT THAT NUMBER, TRYING TO GET MORE CONTEXT. YOU ARE RECOGNIZED. THANK YOU MR. CHAIR WE'VE GOT INCONSISTENCIES ACROSS THE STATE WHEN IT COMES TO TIMING OF THE YELLOW LIGHTS, SPECIFICALLY WHEN THEY ARE IN RELATION TO RED LIGHT CAMERAS SO THIS IS A GOOD WAY TO CREATE CONSISTENCY ACROSS THE STATE. YOU ARE RECOGNIZED. FOR A FOLLOW-UP. >> ONE MORE QUESTION ON THE AI PORTION WHICH I LOVE, I'VE SEEN THAT IN ACTION IN OSCEOLA COUNTY, PRETTY AMAZING TO SEE STILL TRAFFIC ENGINEERS OVERSEEING IT BUT A QUESTION I DON'T KNOW IF YOUR BILL TALKS OF THIS OR SOMETHING TO THINK OF, IF THE AI IS PRIORITIZING THE CAR DELAY KEEPING THINGS MOVING DOES THIS INCREASE PEDESTRIAN WAIT TIME ACROSS CROSSWALKS OR HOW WOULD THIS AFFECT OUR PEDESTRIANS. YOU ARE RECOGNIZED. THANK YOU MR. CHAIR I WILL FIRST SAY IT DEPENDS ON THE INTERSECTION BUT THAT'S SOMETHING WE CAN DIVE INTO AND GET YOU MUCH MORE DETAIL AND UPDATE AN ANSWER. ANY FURTHER QUESTIONS. WE HAVE AN APPEARANCE CARD ON THE BILL AS AMENDED, ABBY HEALY ORANGE COUNTY SHERIFF'S OFFICE WAIVING AND SUPPORT. WE ARE IN DEBATE. ANY DEBATE? VERY GOOD, I JUST WANT TO THANK YOU SEN. DICEGLIE FOR MASSAGING THIS BILL AS YOU HAVE. IT WAS LITERALLY A YEOMAN'S ROLE AND YOU'VE DONE THAT WELL AND YOU ARE RECOGNIZED CLOSE. THANK YOU MR. CHAIR I WANT TO THANK YOU FOR THAT, THANK YOU STAFF AS WELL. WE WERE VERY FAMILIAR WITH EACH OTHER AND THERE'S A LOT IN THIS BILL AND AS IT MOVES THROUGH THE PROCESS I AM COMMITTED TO MAKING AMENDMENTS, ADJUSTMENTS, ADDITIONS, SUBTRACTIONS, WHATEVER THE CASE MAY BE AND WITH THAT I ASK FOR YOUR FAVORABLE SUPPORT. HAVING CLOSED ON HIS BILL: VOTE ON CS FOR SB 1274. YES. MEMBERS BY YOUR VOTE SHOW CS FOR SB 1274 REPORTED FAVORABLY. HAVE A NICE DAY. NEXT UP SENATORS WE MOVED TO TAB THREE, SB 1310 BY SENATOR RODRIGUEZ ON RAILROAD SAFETY, YOU ARE RECOGNIZED TO PRESENT DORAVILLE. WOULD YOU LIKE TO HEAR THE STRIKE ALL? YOU CAN PRESENT THE STRIKE ALL BARCODE 745812, YOU ARE RECOGNIZED. THANK YOU MR. CHAIR THE STRIKE ALL DIRECTS THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A STATEWIDE STUDY ON DETECTION AND MONITORING SYSTEMS AT PUBLIC RAILROAD CROSSINGS, EVALUATES AVAILABLE TECHNOLOGY SAFETY BENEFITS COSTS INTEROPERABILITY WITH EXISTING RAILROAD SYSTEMS AND POTENTIAL FUNDING SOURCES AND REQUIRES FDOT TO CONSULT WITH RAIL OPERATORS LOCAL GOVERNMENT AND SAFETY EXPERTS TO ENSURE A PRACTICED ANALYSIS AND PROVIDE THE GOVERNOR AND LEGISLATURE WITH A DETAILED REPORT WITHOUT MANDATING INSTALLATIONS WHEN FUTURE DECISIONS ARE DATA-DRIVEN AND TARGETED AND THAT IS THE STRIKE ALL. MEMBERS ANY QUESTIONS TO SENATOR RODRIGUEZ ON HER STRIKE ALL. SEEING NONE WE HAVE AN APPEARANCE CARD, ANDREAS TRUJILLO IS SPEAKING FOR, ARE YOU HERE, YOU ARE RECOGNIZED. THANK YOU FOR BEING HERE, THANK YOU FOR YOUR INTERACTIONS. IS YOUR MIC ON? OKAY. >> WE ARE IN FAVOR OF THE STUDY. IT'S AN HONOR TO REVIEW SOME OF THE ITEMS THAT WE HAD CONCERNS ABOUT, MAINLY WE HAD A CONCERN OVER THE INTEROPERABILITY OF THE PROPOSED TECHNOLOGY WITH DTC SYSTEMS AND THE TRAINS THEMSELVES. WE FELT THAT THE ABILITY TO PLACE A TRAIN ON EMERGENCY BASED ON FLUID CONDITIONS AT A CROSSING WOULD PROBABLY MAKE FOR A MORE DANGEROUS SITUATION IN MANY CASES. BY SEEING A TRAIN IN AN EMERGENCY IS A LAST RESORT. IF IT'S NOT IN THE RIGHT POSTURE DEPENDING ON THE MAKEUP ON THE SEGMENT OF TRACK YOU ARE TRAVELING ON, YOU CAN ACTUALLY END UP WHERE RESULTS ARE WORSE THAN WE ARE TRYING TO PREVENT AT THE CROSSING. WE ALSO THINK WE WOULD LIKE TO SEE MORE DONE IN THIS REGARD SO WE WANT TO SEE A REDUCTION IN THE NUMBER OF RAIL CROSSING STRIKE FATALITIES. OUR MEMBERS DO PAY A PRICE OVER THAT. IN THEIR MENTAL HEALTH AND TO THAT END, WE WOULD LIKE TO SEE THIS COMMITTEE PERHAPS AND THE SENATORS, WE WANT TO THANK THE SENATOR BY THE WAY FOR CHAMPIONING RAIL SAFETY CALLS. RED LIGHT CAMERAS ENFORCING EXISTING STATUTES AND STATUTES UNDER 316 WOULD ALSO GO A LONG WAY TOWARDS EDUCATING A PUBLIC THAT IS CONSTANTLY IN A RUSH, CONSTANTLY ON THE TELEPHONE, UNAWARE OF THE DANGERS THEY MIGHT BE CREATING WHEN THEY GO AROUND GATES AND STUFF LIKE THAT. SO THAT COUPLED WITH PREVENTATIVE WAYSIDE HORNS THAT WOULD BE PARTICULARLY IMPORTANT AND QUIET ZONES WHERE THE CREW IS COMING ON AND APPROACHING THAT CROSSING WITHOUT BLOWING THE HORN THERE MAY BE A FLUID SITUATION WHERE SOMEONE IS TRESPASSING INTO THE CROSSING. IF AT THE SAME TIME THAT RED LIGHT CAMERA IS IDENTIFYING A VIOLATION A WAYSIDE HORN IS ALSO BLOWN TO ALERT THOSE TRESPASSING AS WELL AS THOSE AROUND THEM BECAUSE UNFORTUNATELY NOT JUST THE PEOPLE IN THE VEHICLES AND THEIR PASSENGERS ARE AFFECTED BOTH THOSE AROUND THEM AT THE CROSSING AS WELL OFTENTIMES. LET ME INTERRUPT YOU, ALL THOSE POINTS YOU ARE SAYING, CAN YOU TALK TO THEM ABOUT HAVING THOSE INCLUDED IN THE STUDY SO THAT WAY WE CAN EVALUATE THEM. >> SO CONNECTING THAT TECHNOLOGY TO SOMETHING LIKE THIS IS REALLY WHERE WE ARE SPEAKING OF. AND THAT WOULD BE OF COURSE UP TO THE STUDY, FDOT CONDUCTING THE STUDY BUT WE WOULD LIKE TO SEE THAT BEING LOOKED AT AS WE LOOK AT RAIL CROSSING SAFETY. VERY GOOD, THANK YOU FOR BEING HERE. THAT ENDS PUBLIC APPEARANCE, WE ARE IN DEBATE ON THE AMENDMENT, ANY DEBATE ON SENATOR RODRIGUEZ AMENDMENT. SEEING NONE ALL IN FAVOR OF THE AMENDMENT SAY AYE. SHOW THAT AMENDMENT ADOPTED WITHOUT OPPOSITION, BACK ON THE BILL AS AMENDED WHICH IS THE AMENDMENT AND ANY QUESTIONS. SEEING NONE AND NO PUBLIC TESTIMONY, WE ARE IN DEBATE. I WILL JUST SAY THANK YOU. THANK YOU FOR LOOKING AT THIS VERY COMPLICATED ISSUE WITH A LOT OF DIFFERENT STAKEHOLDERS AND FORMULATING IT TO A POINT WHERE WE WILL BE ABLE TO DETERMINE THROUGH STUDY EXACTLY WHERE WE NEED TO MAKE CHANGES AND I APPRECIATE YOUR WORK ON THIS AND YOU ARE RECOGNIZED CLOSE. WAIVE CLOSE. THANK YOU FOR CLOSING FOR ME. HAVING CLOSED ON HER BILL CALL THE ROLL ON CS FOR SB 1310. YES. YES, MEMBERS BY YOUR VOTE SHOW CS FOR SB 1310 REPORTED FAVORABLY. HAVE A NICE DAY. NEXT UP MEMBERS WE WILL GO TO TAB NUMBER ONE, SB 828 BY SENATOR LEEK, SOVEREIGN IMMUNITY FOR PUBLIC TRANSIT CONTRACTORS AND SENATOR LEEK YOU ARE RECOGNIZED TO EXPLAIN YOUR BILL. THANK YOU MR. CHAIR MEMBERS THIS BILL EXTEND SOVEREIGN IMMUNITY PROTECTION TO CONTRACTORS WILL OPERATE PUBLIC TRANSIT SERVICES ON BEHALF OF FLORIDA STATE GOVERNMENTS. TREATING THEM FOR LIABILITY PURPOSES AND EXPANDS ACCESS FOR FLORIDIANS AND TREATS PUBLIC TRANSIT CONTRACTORS FAIRLY WHILE MAINTAINING REASONABLE ACCOUNTABILITY. THE BILL CODIFIES LEGAL PRECEDENT IN THE AGENCY RELATIONSHIP EXISTING TODAY BY CLARIFYING THESE JUDICIAL DECISIONS THE STATUTE WILL BE A COST SAVINGS ASSOCIATED WITH UNNECESSARY LITIGATION AND I'LL TELL YOU A LOT OF TIMES WHEN WE HEAR PUBLIC TRANSIT WE TEND TO THINK TRAINS, BUSES ABOUT THINK ALSO PARATRANSIT, A LOT OF OUR RURAL COMMUNITIES WHICH BENEFITS THE MOST ALLOW FOR THOSE PRIVATELY CONTRACTED PARATRANSIT TO GET THE ELDERLY AND DISABLED FROM ONE SPOT TO ANOTHER, FROM HOME TO A DOCTORS APPOINTMENT WHEN YOU THINK OF THIS THINK LESS TRAINS AND LESS BUSES BECAUSE THOSE ARE LARGELY NOT EXCLUSIVELY OPERATED BY GOVERNMENT ENTITIES ANYWAY AND THINK MORE PARATRANSIT AND WITH THAT SIR THERE IS AN AMENDMENT THAT WILL CHANGE THE BILL SLIGHTLY BUT THAT IS THE BILL. BEFORE HE PRESENTS HIS AMENDMENT ANY QUESTIONS ON THE BILL BEFORE HE HAS HIS AMENDMENT? SENATOR LEEK YOU ARE RECOGNIZED TO EXPLAIN BARCODE 082238. THANK YOU MR. CHAIR THIS CLARIFIES THE BILL APPLIES TO CONTRACTORS PROVIDING PUBLIC TRANSIT SERVICES RATHER THAN OPERATING TRANSIT SERVICES AND REMOVE THE REFERENCE TO SUBCONTRACTORS FROM THE BILL, THAT IS THE AMENDMENT. ANY QUESTIONS ON THE AMENDMENT MEMBERS, ANY APPEARANCE CARDS ON THE AMENDMENT MEMBERS? ANY GIVE DATE ON THE AMENDMENT MEMBERS. SEEING NONE YOU ARE RECOGNIZED CLOSE. WAIVE CLOSE. ALL IN FAVOR OF THE AMENDMENT SAY AYE. OPPOSED. SHOW THAT AMENDMENT ADOPTED WITHOUT DISSENT, BACK ON THE BILL AS AMENDED, QUESTIONS ON THE BILL AS AMENDED. ANY APPEARANCE CARDS ON THE BILL AS AMENDED? ANDREAS TRUJILLO YOU ARE RECOGNIZED AGAIN, NICE TO HAVE YOU BACK. HOPE YOU DIDN'T TAKE A TRAIN FAR AWAY. >> NO SIR AND I DO HAPPEN TO BE A TRAIN ENGINEER. GOOD FOR YOU. >> YES, SIR. WE TRY TO KEEP THE TRAINS RUNNING ON TIME. >> AND ON TRACK. WE ARE OPPOSED TO SENATE BILL 828. OVER 100 YEARS AGO THE FEDERAL EMPLOYEES LIABILITY ACT WAS CREATED BY AN ACT OF CONGRESS TO PROTECT RAILROAD EMPLOYEES IN THE CASE OF INJURIES AND DEATH ON THE RAILS ON THE JOB. THAT IS THEIR ONLY RECOURSE. THERE IS NO WORKER'S COMPENSATION. THAT RAILROAD EMPLOYEES ARE AFFORDED. AND IT HAS WORKED WELL BOTH FOR THE EMPLOYEES AND FOR SAFETY. A LOT OF THE IMPROVEMENTS THROUGHOUT THAT SPAN, YOU'VE SEEN OUR RAILROAD NETWORK LARGELY HAS BEEN DUE TO THAT LAW. SO WE ARE CONCERNED THE EXTENSION OF SOVEREIGN IMMUNITY ONTO CONTRACTORS WOULD HAVE A DETRIMENTAL EFFECT NUMBER ONE ON SAFETY AND NUMBER TWO ON OUR MEMBERS. THE SECOND ISSUE I WANTED TO BRING UP IS NOTHING IN THE LAW RIGHT NOW PRECLUDES THAT AGENCIES THAT ARE CONTRACTING FROM CONTRACTING WITH A RAIL CARRIER. RAIL CARRIERS, THEIR EMPLOYEES ARE PROTECTED IN THE FIELD. IF A RAIL CARRIER AS IN THE PAST WAS TO BID ON RFP AND WIN, THEN THEY WOULD BE FACED WITH THE FACT THAT THERE EMPLOYEES WHO ARE PROTECTED, THERE WOULD BE A DIRECT CONFRONTATION BETWEEN SOVEREIGN IMMUNITY AFFORDED TO THAT CONTRACTOR RIGHT NOW AND THE EMPLOYEE'S RIGHTS UNDER F ILA. SO THAT IS THE MAIN CONCERN WE HAVE. A LOT MORE COULD BE EXPLORED IN THIS SUBJECT THAT I APPRECIATE THE OPPORTUNITY TO BRING THIS TO YOUR ATTENTION. THANK YOU FOR BEING HERE, BILL CAUGHT AROUND FROM FLORIDA JUSTICE ASSOCIATION, YOU ARE RECOGNIZED, THANK YOU FOR BEING HERE AS WELL. >> THANK YOU CHAIR AND COMMITTEE MEMBERS. FIRST I WANT TO RECOGNIZE THE BILL'S SPONSOR FOR PROVIDING THE AMENDMENT, THE AMENDMENT MAKES THE BILL BETTER BY PROVIDING SUBCONTRACT CONTRACTORS BUT WE HAVE CONCERNS WITH THE BILL AND I'VE NOT HAD AN OPPORTUNITY TO SPEAK WITH THE SPONSOR BUT LOOK FORWARD TO TALKING WITH HIM AFTER THIS COMMITTEE BEFORE IT REACHES ITS NEXT COMMITTEE. WE OPPOSE THE BILL BECAUSE THIS IS A LARGE EXTENSION ON SOVEREIGN IMMUNITY. CURRENTLY COURTS HAVE AN OPPORTUNITY TO DETERMINE HOW MUCH CONTROL A STATE ENTITY OR GOVERNMENT ENTITY HAS OVER A CONTRACTOR TO DETERMINE HOW MUCH CONTROL AND OVERSIGHT THEY HAVE ON WHETHER OR NOT THAT IS THE WOULD QUALIFY AND BE AN AGENT OF THE STATE AS OPPOSED TO A GENERAL CONTRACTOR. THEY HAVE THE ABILITY TO DO THAT, IT IS FACT SPECIFIC. THE BILL WOULD IF YOU ENTER INTO A CONTRACT AND THEY ARE PROVIDING SERVICES UNDER THE TERMS OF THE CONTRACT IT WOULD AUTOMATICALLY BE DEEMED AN AGENT OF THE STATE AND RECEIVE SOVEREIGN IMMUNITY REGARDLESS OF THE LEVEL OF OVERSIGHT THAT STATE ENTITY MAY HAVE. AN EXAMPLE I GIVE IS IF I HIRE SOMEBODY TO DO A PORCH RENOVATION AT MY HOUSE ARE THEY A CONTRACTOR OR MY AGENT? SO NOT EVERY CONTRACTOR SHOULD QUALIFY FOR SOVEREIGN IMMUNITY. SOVEREIGN IMMUNITY WAS ONE OF THE PURPOSES IS TO PROTECT THE COFFERS OF THE STATE AS OPPOSED TO THE PRIVATE ENTITY ENTERED UNDER THE CONTRACT. THE BILL SPONSOR, THE SENATOR DID STATE TO ONE OF MY POINTS THIS DOES COVER A WIDE RANGE OF TRANSPORTATION SERVICES, PUBLIC TRANSPORTATION SERVICES, ANYTHING FROM YOUR HIGH-SPEED RAIL ALL THE WAY TO YOUR DIAL A BUS OR YOUR PARATRANSIT SO EVERYTHING IN BETWEEN AND A CONTRACT REGARDLESS OF A CONTRACT WITH THE STATE WOULD BE A SOVEREIGN ENTITY BUT LOOK FORWARD TO WORKING WITH THE SPONSOR, WE DO OPPOSE THE BILL. JUSTIN THOMPSON, JUSTIN, YOU ARE RECOGNIZED. ARE YOU REPRESENTING YOURSELF OR A PARTICULAR ENTITY. >> I AM REPRESENTING THE NORTH AMERICAN TRANSIT ALLIANCE. YOU ARE RECOGNIZED. >> GOOD AFTERNOON, I AM JUSTIN THOMPSON CHIEF OF STAFF FOR NORTH AMERICA AND LEGISLATIVE CHAIR FOR THE NORTH AMERICAN TRANSIT ALLIANCE HERE TO TESTIFY ON SB 828. THIS WOULD BRING CLARITY CONSISTENCY AND COST STABILITY TO THE DELIVERY OF PUBLIC TRANSIT. NATA REPRESENTS THE LARGEST PUBLIC TRANSIT CONTRACTORS AND OUR MEMBERS INCLUDE TRANSDEV AND THE TRANSPORTATION AND BEACON MOBILITY. OUR MEMBERS SERVE 19 TRANSIT SYSTEMS ACROSS FLORIDA AND EMPLOYED 2100 FLORIDIANS AND A KEY PART IS RUNNING PARATRANSIT RIDERS AND PERFORMING ESSENTIAL FRONTLINE SERVICES. FLORIDA TRANSIT AGENCIES EXERCISE CONTROL OVER THE OPERATIONS WE PROVIDE STANDING IN THE SHOES OF THOSE AGENCIES SUCH AS SERVICE DELIVERY, EMPLOYEE TRAINING AND MAINTENANCE OF EQUIPMENT. UNDER LONG-STANDING FLORIDA CASE LAW, CONTRACTORS OPERATING UNDER THIS LEVEL OF DIRECTION QUALIFY AS AGENTS OF THE PUBLIC AUTHORITY FOR PURPOSES OF SOVEREIGN IMMUNITY BUT THAT STATUS MUST BE LITIGATED AFTER THE FACT CREATING UNCERTAINTY AND CAUSING CONTRACTORS TO PRICE RISK OF NO SOVEREIGN IMMUNITY INTO, AS IF NO SOVEREIGN IMMUNITY PROTECTIONS WOULD APPLY IN THE CURRENT INSURANCE ENVIRONMENT THAT UNCERTAINTY TRANSLATES INTO SUBSTANTIAL PREMIUMS. TAXPAYERS ULTIMATELY BEAR THOSE COSTS AS CONTRACTORS MUST FACTOR THAT INTO PROPOSALS. THE BILL SOLVES THIS BY CODIFYING A TRANSIT CONTRACTORS ACT INTO THE SCOPE OF THEIR CONTRACT ARE TREATED AS AGENCIES OF THE STATE AND MAINTAINS EXISTING LIMITS AND KEEPS ALL EXEMPTIONS AND WILLFUL MISCONDUCT. THE BILL DOES NOT LIMIT CLIENT RIGHTS BEYOND CURRENT LAW AND DOES NOT SHIELD MISCONDUCT BUT IT WHAT IT DOES DO IS PROVIDE PREDICTABILITY SO CONTRACTORS CAN PRICE ACCURATELY AND FAIRLY AND GIVEN THE ESCALATING AUTO LIABILITY ENVIRONMENT AND THE STRAIN IT PLACES ON CONTRACT COSTS, THE CLARITY THIS BILL PROVIDES IS NECESSARY SO I RESPECTFULLY URGE YOU TO VOTE YES ON THE BILL. THANK YOU FOR BEING HERE, I SEE YOU ARE WAIVING IN SUPPORT, THANK YOU. THAT ENDS PUBLIC TESTIMONY, MEMBERS WE ARE IN DEBATE ON THE BILL, SENATOR ARRINGTON YOU ARE RECOGNIZED IN DEBATE. THANK YOU MR. CHAIR THANK YOU SEN. LEEK, YOU'RE NOT SURPRISED MY FEELINGS ON THIS BILL FROM OUR PAST CONVERSATIONS. LAST WEEK I RAILED, NO PUN INTENDED ABOUT EXPANSION OF SOVEREIGN IMMUNITY. I APPRECIATE YOUR AMENDMENT, IT PUTS IT IN A BETTER PLACE AND IT MAKES ME FEEL BETTER BUT I'M STILL A KNOLL BECAUSE OF MY FUNDAMENTAL FEELINGS ON THIS ISSUE. SENATOR JONES, ANY FURTHER DEBATE, SENATOR MARTIN YOUR RECOGNIZED. I AM SUPPORTING THIS BILL TODAY BECAUSE IT TRIES TO ACCOMPLISH SOMETHING IMPORTANT WHICH IS CLOSING THAT INCENTIVE GAP BETWEEN PRIVATE CONTRACTORS AND GOVERNMENT TO PROVIDE SERVICES TO PRIVATE CONTRACTORS COULD PROVIDE AT A MUCH MORE EFFICIENT, MORE ECONOMICAL PRICE POINT. ULTIMATELY SAVING TAXPAYER DOLLARS AND DOING THE SAME JOB THE GOVERNMENT CAN DO. AS MUCH AS WE NEED THAT PARITY AND WE NEED PRIVATE CONTRACTORS TO BE TREATED THE SAME AS GOVERNMENT I WOULD PERSONALLY GO THE OTHER WAY AND HOLD GOVERNMENT ACCOUNTABLE TO THE SAME LEVEL PRIVATE CONTRACTORS ARE HELD ACCOUNTABLE IN THE PRIVATE SECTOR. BUT THIS IS THE FIRST STOP AND I'M LOOKING FORWARD, NO OTHER BILL SPONSOR UNDERSTANDS THIS AREA BETTER THAN YOU SO I'M GLAD YOU'RE RUNNING THIS BILL BUT ULTIMATELY WE'VE GOT TO HAVE ACCOUNTABILITY. WE DON'T WANT THE GOVERNMENT TO BE INCENTIVIZED TO NOT HIRE THOSE OR WORK WITH THOSE WHO CAN DO A SERVICE AT A MUCH MORE EFFICIENT AND ECONOMICAL PRICE POINT. THANK YOU. ANY FURTHER DEBATE. I'LL SAY I WANT THANK YOU SEN. LEEK FOR YOUR FLEXIBILITY WORKING THIS BILL AND THE FACT THAT YOU HAVE LOOKED AT AND TRIED TO PRIORITIZE AS YOU ALWAYS DO OUR PUBLIC AND THE PARATRANSIT INDIVIDUALS AND COMPANIES, THEY ARE SMALLER COMPANIES AND I THINK ONE OF OUR PRIMARY DUTIES AND EVERYTHING WE DO IS TO THINK OF THE PUBLIC, THEIR SAFETY, THEIR LIVELIHOOD AND THEIR ACCESS TO FREEDOM. BUT IN THE SUBJECT OF SOVEREIGN IMMUNITY I'M GOING TO FALL DOWN ON THE SAME SIDE SENATOR MARTINEZ. I DON'T PARTICULARLY LIKE SOVEREIGN IMMUNITY TO BEGIN WITH. WE AS A STATE NEED TO TAKE A LONG HARD LOOK AT THAT. AND HOLD OURSELVES MORE ACCOUNTABLE FOR WHAT WE DO AND IT SHOULD BE COMMENSURATE WITH THE DAMAGES THAT ARE CREATED AND TO BE SEEN CLAIMS BILLS COME THROUGH THIS LEGISLATURE AS YOU KNOW THAT WE JUST IT BREAKS OUR HEARTS. THAT THEY HAVE TO BE HERE. BECAUSE WHAT WE DO IS NOT COMMENSURATE WITH THE DAMAGES. AND EVEN AS A PHYSICIAN WHEN YOU'RE THINKING THIS IS A PHYSICIAN THAT LACKS LAWSUITS, NO, I DON'T LIKE LAWSUITS, I WISH WE NEVER HAD TO HAVE A LAWSUIT BUT WE LIVE IN AN IMPERFECT WORLD WHERE WE DON'T ALWAYS ACT PERFECTLY AND MISTAKES ARE MADE AND PEOPLE ARE HARMED AND I THINK THAT IF WE HAD LIMITS THAT ARE REASONABLE AND ACCEPTABLE AND SOMETHING THAT WE CANNOT COMPROMISE ON WE'D BE IN A MUCH BETTER PLACE. WE HAVE MORE RESPONSIBLE WORKERS, A MORE ECONOMICAL SYSTEM. AND AFTER SAYING ALL THAT I WOULD JUST SAY THANK YOU AGAIN AND YOU ARE RECOGNIZED TO CLOSE ON YOUR BILL. I WANT TO ADDRESS TWO ISSUES WITH THE RAILWAYS, NOTHING WE CAN DO IN THIS LAW IS GOING TO PREEMPT THE FEDERAL LAW, QUITE FRANKLY SAYS KATHY WILLIAMS, THE RAILWAYS BECAUSE OF THE DEAL WE STOPPED TO GET ACROSS THE COUNTRY ARE THEIR OWN SOVEREIGN ENTITY SO THERE'S NOTHING WE CAN DO IN THE STATE THAT WILL IMPACT THE RAILS SECONDLY I AGREE, WE'VE GOT TO ADDRESS OPERATING IMMUNITY AS A STATE BUT WHAT I'LL POINT OUT IS IF WE PUT SOVEREIGN IMMUNITY IF WE GET RID OF IT OR PUT IT AT A LEVEL THAT IS SO HIGH YOU CREATE A FURTHER DIVIDE BETWEEN OUR RURAL COMMUNITIES AND COMMUNITIES OF SIZE PERMIT RURAL COMMUNITIES CAN'T AFFORD PUBLIC TRANSIT. THEY CAN'T AFFORD THOSE THINGS EXCEPT EPISODICALLY WHERE THEY HIRE SOME PRIVATE CONTRACTOR TO GET GRANDMA TO THE DOCTOR'S OFFICE AND IF WE CONTINUE TO MAKE THAT UNAFFORDABLE WE WILL CONTINUE TO CREATE THE DIVIDE BETWEEN RURAL COMMUNITIES AND COMMUNITIES OF SIZE BECAUSE THEY SIMPLY CAN'T AFFORD IT SO AS WE MOVE FORWARD WITH OUR DISCUSSION ON SOVEREIGN IMMUNITY AND THIS BILL KEEP THAT IN MIND, HOW DO WE ADDRESS THOSE THINGS FOR OUR RURAL COMMUNITIES OTHERWISE CAN'T BE ADDRESSED AND WITH THAT I CLOSE. HAVING CLOSED ON HIS BILL CALLED THE ROLE ON CS FOR SB 828. CLASS. YES, BUYER VOTE MEMBERS WE SHOW CS FOR SB 828 REPORTED FAVORABLY. NEXT UP WE WILL GO TO TAB 4 MEMBERS, SB 1378 BY SENATOR MARTIN, SITS RIGHT OVER THERE ON TRAFFIC ENFORCEMENT. SENATOR MARTIN YOU ARE RECOGNIZED. >> THIS BILL STRENGTHENS TRAFFIC ENFORCEMENT AND CLARIFIES WHEN A VEHICLE MAY BE TREATED AS ABANDONED UPDATE WHEN LAW ENFORCEMENT CAN REMOVE ABANDONED VEHICLES TO INCREASE ROADWAY SAFETY AND PENALTIES ARE INCLUDED FOR KNOWINGLY OPERATING A VEHICLE WITH AN UNLAWFULLY ATTACHED LICENSE PLATE, HOPEFULLY WE GET RID OF THOSE VALIDATION STICKERS AND I DON'T KNOW WHERE THAT BILL IS AT. IS NOT IN THE COMMITTEE YET. WE'RE NOT MEETING NEXT WEEK. >> IT AUTHORIZES LAW ENFORCEMENT SO ANOTHER YEAR OF YELLOW STICKERS. IT AUTHORIZES ENFORCEMENT DISEASE VEHICLES USED TO ELUDE OFFICERS UNDER THE STATE FORFEITURE FRAMEWORK. EVEN IF AN ARREST IS NOT MADE OF THE TIME AND THIS GOAL IS TO IMPROVE ENFORCEMENT CLARITY DETER VEHICLE RELATED CRIMES AND ENHANCE PUBLIC SAFETY ON FLORIDA'S ROADS. ANY QUESTIONS ON THE BILL MEMBERS. QUESTIONS ON THE BILL. DO WE HAVE ANY PUBLIC TESTIMONY, WE DO. ABBY HEALY, ORANGE COUNTY SHERIFFS ASSOCIATION IN SUPPORT. BARNEY BISHOP FLORIDA SMART JUSTICE ALLIANCE IN SUPPORT. AND NOW WE ARE IN DEBATE, ANY DEBATE ON THE BILL. DEBATE ON THE BILL. I GUESS NO DEBATE, SENATOR MARTIN YOU ARE RECOGNIZED TO CLOSE. WAIVE CLOSE. CALL THE VOTE ON SB 1378. YES. SENATOR MARTIN? YES. YES, BY YOUR VOTE SHOW SB 1378 REPORTED FAVORABLY AND WE WILL STAND IN AN INFORMAL, NEVERMIND. WE'RE NOT GOING TO STAND IN RECESS, WE WILL DO SOME CONFIRMATIONS. AND WE HAVE ALL RIGHT, SEVERAL MEMBERS FOR CONFIRMATION AND UNLESS THE SENATOR REQUESTS A SEPARATE VOTE ON APPOINTEES WE WILL TAKE ONE VOTE ON ALL APPOINTEES AND THIS WILL BE TAB SIX. FERNANDO ACOSTA. MICHELLE BARNETT. RICHARD BLANCO. FROM TIMO PEREZ. CHRISTOPHER CARRERA. JOHN GOOD. RUSSELL ROBERTS. THOMAS NASH AND RONALD HOWELLS. ANY OBJECTIONS FROM ANY OF THOSE MEMBERS. FOR ANY OF THOSE, ANY QUESTIONS ON THE APPOINTEES. ALL RIGHT, ANY APPEARANCE CARDS. CAN I HEAR A MOTION TO CONFIRM. ALL RIGHT, SECOND. SHOW ALL THOSE CONFIRMED TO BE APPROVED. NOW WE WILL STAND IN AN INFORMAL RECESS. MARILYN WILL YOU CALL THE ROLL ON ALL THE APPOINTEES? YES. YES, NOW BY YOUR VOTE SHOW CONFIRMATION OF ALL THE APPOINTEES IN TAB SIX IS FAVORABLE. NOW WE WILL STAND IN RECESS. LADY AND GENTLEMEN, RECESS IS OVER. WE WILL MOVE TO TAB FIVE. FOR SB 1562 BY SENATOR TRUMBULL ON MOTOR VEHICLE DEALERS, YOU ARE RECOGNIZED TO PRESENT YOUR BILL. >> I'LL TRY TO KEEP YOU ON TRACK, THIS BILL IS DESIGNED TO PREVENT MANUFACTURERS FROM DIRECTING MOST OF THEIR SALES TO A SINGLE DEALER GROUP ONCE THE BRAND IS ESTABLISHED IN MEANINGFUL PRESENCE, SETS A SALES THRESHOLD AND REQUIRES ANY SUCH HIGH-VOLUME LANDS TO BE REPRESENTED BY A SET NUMBER OF DIFFERENT DEALERS INDEPENDENT FROM EACH OTHER RID OF THE GOAL IS TO PROMOTE COMPETITION AND DEALER DIVERSITY BY ENSURING DEALERS HAVE THE OPPORTUNITY TO PARTICIPATE IN SELLING THESE ENSURING COMPETITION IN THE MARKETPLACE, PROVIDES CONSUMERS WITH MORE BARGAINING POWER AND BETTER PRICING, THAT'S THE BILL. ANY QUESTIONS ON THE BILL MEMBERS. ANY PUBLIC TESTIMONY, ANY DEBATE. SENATOR WRIGHT YOU ARE RECOGNIZED. THANK YOU MR. CHAIR THANK YOU SENATOR TRUMBULL FOR BRINGING THIS GOOD BILL AND WITHOUT THIS BILL WE COULD ACCIDENTALLY DESTROY OUR GREAT DEALERSHIP NETWORK WE HAVE IN FLORIDA AND WE NEED TO PROTECT THAT. THOSE FOLKS GENERALLY ARE SOME OF THE MOST GENEROUS FOLKS IN THE ENTIRE STATE WHEN IT COMES TO TAKING CARE OF THEIR LOCAL COMMUNITIES SO I AM PROUD TO SUPPORT THIS BILL AND THANK YOU FOR DOING THAT. ANY FURTHER DEBATE. SEEING NONE YOU ARE RECOGNIZED TO CLOSE ON YOUR BILL. THANK YOU MR. CHAIR THANK YOU SENATOR RIGHT FOR THOSE COMMENTS BUT MR. CHAIR YOU'VE BEEN SUPER HELPFUL ON THIS POLICY AND FOR THOSE WHO MIGHT SEE THIS IN THE FUTURE THERE IS A STRIKE ALL COMING IN COMMERCE AND TOURISM THAT IS GOING TO BETTER CLEAN UP SOME OF THE CONVERSATIONS YOU AND I HAVE HAD SO THANK YOU TO YOU AND YOUR STAFF FOR YOUR HELP SO I APPRECIATE YOUR SUPPORT. HAVING CLOSED ON HIS BILL CALLED THE VOTE ON SB 1562. YES. MEMBERS BY YOUR VOTE SHOWED SB 1562 REPORTED FAVORABLY, THANK YOU SENATOR, TAKE CARE AND HAVE A GREAT DAY. ANY SENATORS WISH TO BE RECORDED AS VOTES BEFORE THE COMMITTEE, SENATOR RIGHT. ON TAB TO SENATE BILL 1274 IN THE AFFIRMATIVE. ANYBODY ELSE, SENATOR JONES. VOTING IN THE AFFIRMATIVE FOR TAB THREE 1310. VERY GOOD, SEN. MCCLAIN. TABS 1 TO 3 AND FOUR IN THE AFFIRMATIVE. ANY OBJECTIONS, SEEING NONE WE WILL SHOW THOSE ADOPTED. AND MEMBERS, THIS MOST LIKELY, MOST LIKELY BECAUSE ANYTHING CAN HAPPEN, MOST LIKELY WILL BE OUR LAST MEETING FOR THE YEAR AND I CAN'T TELL YOU HOW MUCH OF A PLEASURE THIS HAS BEEN FOR ME AND AN HONOR AND I THINK WE NEED TO GIVE A HAND TO ROBIN AND STAFF OVER THERE. THEY ARE ABSOLUTELY AMAZING. THEY'RE GOING TO CONTINUE TO WORK BELIEVE IT OR NOT LONG AFTER WE'VE LEFT SESSION IF THAT EVER HAPPENS THIS YEAR. SO IT'S JUST GREAT AND I CAN TELL THE PUBLIC WE SIT UP HERE BUT WE ALL FEEL PRIVILEGED TO BE ABLE TO SERVE YOU BECAUSE THAT'S WHAT OUR JOB IS, THAT'S WHAT OUR CALLING IS AND I TRULY BELIEVE IT'S A VOCATION. IT'S GOD MOVING US TO BE ABLE TO DO IT AND IT'S A BLESSING FOR US. ANY OTHER BUSINESS BEFORE THE COMMITTEE, SEEING NONE SENATOR WRIGHT MOVES WE ADJOURN AND WE ARE ADJOURNED WITHOUT ANY OBJECTION.