November 27, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
_h1399__
HB 1399

1
A bill to be entitled
2An act relating to the Department of Transportation;
3amending s. 163.3182, F.S., relating to transportation
4concurrency backlog authorities; providing legislative
5findings and declarations; expanding the power of
6authorities to borrow money to include issuing certain
7debt obligations; providing a maximum maturity date for
8certain debt incurred to finance or refinance certain
9transportation concurrency backlog projects; authorizing
10authorities to continue operations and administer certain
11trust funds for the period of the remaining outstanding
12debt; requiring local transportation concurrency backlog
13trust funds to continue to be funded for certain purposes;
14providing for increased ad valorem tax increment funding
15for such trust funds under certain circumstances; amending
16s. 316.0741, F.S.; requiring vehicles to comply with
17certain federal standards to be driven in an HOV lane at
18any time, regardless of occupancy; providing for the
19Department of Highway Safety and Motor Vehicles to limit
20or discontinue issuance of decals for the use of HOV
21facilities by hybrid and low-emission and energy-efficient
22vehicles under certain circumstances; amending s.
23316.1001, F.S.; revising provisions prohibiting the
24Department of Highway Safety and Motor Vehicles from
25issuing a license plate or revalidation sticker to a
26person who is on a list of persons with outstanding toll
27violations; specifying that the list may be supplied by
28the clerk of court; prohibiting issuance of the plate or
29sticker until the person's name is no longer on the list
30or until the person presents a receipt from the clerk
31showing all amounts owed have been paid; amending s.
32316.193, F.S.; revising the prohibition against driving
33under the influence of alcohol; revising the blood-alcohol
34or breath-alcohol level at which certain penalties apply;
35amending s. 316.302, F.S.; revising references to rules,
36regulations, and criteria governing commercial motor
37vehicles engaged in intrastate commerce; providing that
38the Department of Transportation performs duties assigned
39to the Field Administrator of the Federal Motor Carrier
40Safety Administration under the federal rules and may
41enforce those rules; amending s. 316.656, F.S.; revising
42the prohibition against a judge accepting a plea to a
43lesser offense from a person charged under certain DUI
44provisions; revising the blood-alcohol or breath-alcohol
45level at which the prohibition applies; amending s.
46334.044, F.S.; requiring the department to maintain
47certain training programs; authorizing such programs to
48provide for incremental increases to base salary for
49employees successfully completing training phases;
50amending s. 337.185, F.S.; providing for the State
51Arbitration Board to arbitrate certain claims relating to
52maintenance contracts; providing for a member of the board
53to be elected by maintenance companies as well as
54construction companies; amending s. 337.403, F.S.;
55requiring the department or local governmental entity to
56pay the cost of relocation of a utility that is found to
57be interfering with the use, maintenance, improvement,
58extension, or expansion, of a public road or publicly
59owned rail corridor if the facility serves the department
60or governmental entity exclusively; amending s. 338.01,
61F.S.; requiring new and replacement electronic toll
62collection systems to be interoperable with the
63department's system; amending s. 338.165, F.S.; revising
64provisions for use of certain toll revenue; amending s.
65338.2216, F.S.; directing the Florida Turnpike Enterprise
66to implement new technologies and processes in its
67operations and collection of tolls and other amounts;
68amending s. 338.223, F.S.; conforming a cross-reference;
69amending s. 338.231, F.S.; revising provisions for
70establishing and collecting tolls; amending s. 339.135,
71F.S.; revising the department's authority to amend the
72adopted work program; amending s. 339.155, F.S.; revising
73provisions for development of the Florida Transportation
74Plan; amending ss. 339.2819 and 339.285, F.S.; conforming
75cross-references; amending s. 479.01, F.S.; revising
76provisions for outdoor advertising; revising the
77definition of the term "automatic changeable facing";
78amending s. 479.07, F.S.; revising a prohibition against
79signs on the State Highway System; revising requirements
80for display of the sign permit tag; directing the
81department to establish by rule a fee for furnishing a
82replacement permit tag; amending s. 479.08, F.S.; revising
83provisions for denial or revocation of a sign permit;
84amending s. 479.11, F.S.; revising a prohibition against
85certain signs located outside an urban area; amending s.
86479.261, F.S.; revising provisions for the logo sign
87program; revising requirements for businesses to
88participate in the program; authorizing the department to
89adopt rules for removing and adding businesses on a
90rotating basis; removing a provision for an application
91fee; revising the provisions for an annual permit fee;
92providing for rules to phase in the fee; reenacting ss.
93316.066(3)(a), 316.072(4)(b), 316.1932(3), 316.1933(4),
94316.1937(1) and (2)(d), 316.1939(1)(b), 316.656(1),
95318.143(4) and (5), 318.17(3), 320.055(1)(c), 322.03(2),
96322.0602(2)(a), 322.21(8), 322.25(5), 322.26(1)(a),
97322.2615(14)(a) and (16), 322.2616(15) and (19),
98322.264(1)(b), 322.271(2)(a), (c) and (4), 322.2715(2),
99(3)(a), (c), and (4), 322.28(2), 322.282(2)(a),
100322.291(1)(a), 322.34(9)(a), 322.62(3), 322.63(2)(d) and
101(6), 322.64(1), (2), (7)(a), (8)(b), (14), and (15),
102323.001(4)(f), 324.023, 324.131, 327.35(6), 337.195(1),
103440.02(17)(c), 440.09(7)(b), 493.6106(1)(d),
104627.7275(2)(a), 627.758(4), 790.06(2)(f) and (10)(f),
105903.36(2), and 907.041(4)(c), F.S., relating to written
106reports of crashes, obedience to and effect of traffic
107laws, tests for alcohol, chemical substances, or
108controlled substances, implied consent, refusal, blood
109test for impairment or intoxication in cases of death or
110serious bodily injury, right to use reasonable force,
111ignition interlock devices, requiring, unlawful acts,
112refusal to submit to testing, penalties, mandatory
113adjudication, prohibition against accepting plea to lesser
114included offense, sanctions for infractions by minors,
115offenses excepted, registration periods, renewal periods,
116drivers must be licensed, penalties, youthful drunk driver
117visitation program, license fees, procedure for handling
118and collecting fees, when court to forward license to
119department and report convictions, temporary reinstatement
120of driving privileges, mandatory revocation of license by
121department, suspension of license, right to review,
122suspension of license, persons under 21 years of age,
123right to review, "habitual traffic offender" defined,
124authority to modify revocation, cancellation, or
125suspension order, ignition interlock device, period of
126suspension or revocation, procedure when court revokes or
127suspends license or driving privilege and orders
128reinstatement, driver improvement schools or dui programs,
129required in certain suspension and revocation cases,
130driving while license suspended, revoked, canceled, or
131disqualified, driving under the influence, commercial
132motor vehicle operators, alcohol or drug testing,
133commercial motor vehicle operators, holder of commercial
134driver's license, driving with unlawful blood-alcohol
135level, refusal to submit to breath, urine, or blood test,
136wrecker operator storage facilities, vehicle holds,
137financial responsibility for bodily injury or death,
138period of suspension, boating under the influence,
139penalties, "designated drivers," limits on liability,
140definitions, coverage, license requirements, posting,
141motor vehicle liability, surety on auto club traffic
142arrest bond, conditions, limit, bail bond, license to
143carry concealed weapon or firearm, guaranteed arrest bond
144certificates as cash bail, and pretrial detention and
145release, to incorporate references in changes made by the
146act; providing effective dates.
147
148Be It Enacted by the Legislature of the State of Florida:
149
150     Section 1.  Paragraph (c) is added to subsection (2) of
151section 163.3182, Florida Statutes, and paragraph (d) of
152subsection (3), paragraph (a) of subsection (4), and subsections
153(5) and (8) of that section are amended, to read:
154     163.3182  Transportation concurrency backlogs.--
155     (2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
156AUTHORITIES.--
157     (c)  The Legislature finds and declares that there exists
158in many counties and municipalities areas with significant
159transportation deficiencies and inadequate transportation
160facilities; that many such insufficiencies and inadequacies
161severely limit or prohibit the satisfaction of transportation
162concurrency standards; that such transportation insufficiencies
163and inadequacies affect the health, safety, and welfare of the
164residents of such counties and municipalities; that such
165transportation insufficiencies and inadequacies adversely affect
166economic development and growth of the tax base for the areas in
167which such insufficiencies and inadequacies exist; and that the
168elimination of transportation deficiencies and inadequacies and
169the satisfaction of transportation concurrency standards are
170paramount public purposes for the state and its counties and
171municipalities.
172     (3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
173AUTHORITY.--Each transportation concurrency backlog authority
174has the powers necessary or convenient to carry out the purposes
175of this section, including the following powers in addition to
176others granted in this section:
177     (d)  To borrow money, including, but not limited to,
178issuing debt obligations, such as, but not limited to, bonds,
179notes, certificates, and similar debt instruments; to apply for
180and accept advances, loans, grants, contributions, and any other
181forms of financial assistance from the Federal Government or the
182state, county, or any other public body or from any sources,
183public or private, for the purposes of this part; to give such
184security as may be required; to enter into and carry out
185contracts or agreements; and to include in any contracts for
186financial assistance with the Federal Government for or with
187respect to a transportation concurrency backlog project and
188related activities such conditions imposed pursuant to federal
189laws as the transportation concurrency backlog authority
190considers reasonable and appropriate and which are not
191inconsistent with the purposes of this section.
192     (4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
193     (a)  Each transportation concurrency backlog authority
194shall adopt a transportation concurrency backlog plan as a part
195of the local government comprehensive plan within 6 months after
196the creation of the authority. The plan shall:
197     1.  Identify all transportation facilities that have been
198designated as deficient and require the expenditure of moneys to
199upgrade, modify, or mitigate the deficiency.
200     2.  Include a priority listing of all transportation
201facilities that have been designated as deficient and do not
202satisfy concurrency requirements pursuant to s. 163.3180, and
203the applicable local government comprehensive plan.
204     3.  Establish a schedule for financing and construction of
205transportation concurrency backlog projects that will eliminate
206transportation concurrency backlogs within the jurisdiction of
207the authority within 10 years after the transportation
208concurrency backlog plan adoption. The schedule shall be adopted
209as part of the local government comprehensive plan.
210Notwithstanding such schedule requirements, as long as the
211schedule provides for the elimination of all transportation
212concurrency backlogs within 10 years after the adoption of the
213concurrency backlog plan, the final maturity date of any debt
214incurred to finance or refinance the related projects may be no
215later than 40 years after the date such debt is incurred and the
216authority may continue operations and administer the trust fund
217established as provided in subsection (5) for as long as such
218debt remains outstanding.
219     (5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
220concurrency backlog authority shall establish a local
221transportation concurrency backlog trust fund upon creation of
222the authority. Each local trust fund shall be administered by
223the transportation concurrency backlog authority within which a
224transportation concurrency backlog has been identified. Each
225local trust fund shall continue to be funded pursuant to this
226section for as long as the projects set forth in the related
227transportation concurrency backlog plan remain to be completed
228or until any debt incurred to finance or refinance the related
229projects are no longer outstanding, whichever occurs later.
230Beginning in the first fiscal year after the creation of the
231authority, each local trust fund shall be funded by the proceeds
232of an ad valorem tax increment collected within each
233transportation concurrency backlog area to be determined
234annually and shall be equal to 50 25 percent of the difference
235between the amounts set forth in paragraphs (a) and (b), except
236that if all of the affected taxing authorities agree pursuant to
237an interlocal agreement, a particular local trust fund may be
238funded by the proceeds of an ad valorem tax increment greater
239than 50 percent of the difference between the amounts set forth
240in paragraphs (a) and (b):
241     (a)  The amount of ad valorem tax levied each year by each
242taxing authority, exclusive of any amount from any debt service
243millage, on taxable real property contained within the
244jurisdiction of the transportation concurrency backlog authority
245and within the transportation backlog area; and
246     (b)  The amount of ad valorem taxes which would have been
247produced by the rate upon which the tax is levied each year by
248or for each taxing authority, exclusive of any debt service
249millage, upon the total of the assessed value of the taxable
250real property within the transportation concurrency backlog area
251as shown on the most recent assessment roll used in connection
252with the taxation of such property of each taxing authority
253prior to the effective date of the ordinance funding the trust
254fund.
255     (8)  DISSOLUTION.--Upon completion of all transportation
256concurrency backlog projects and repayment or defeasance of all
257debt issued to finance or refinance such projects, a
258transportation concurrency backlog authority shall be dissolved,
259and its assets and liabilities shall be transferred to the
260county or municipality within which the authority is located.
261All remaining assets of the authority must be used for
262implementation of transportation projects within the
263jurisdiction of the authority. The local government
264comprehensive plan shall be amended to remove the transportation
265concurrency backlog plan.
266     Section 2.  Section 316.0741, Florida Statutes, is amended
267to read:
268     316.0741  High-occupancy-vehicle High occupancy vehicle
269lanes.--
270     (1)  As used in this section, the term:
271     (a)  "High-occupancy-vehicle High occupancy vehicle lane"
272or "HOV lane" means a lane of a public roadway designated for
273use by vehicles in which there is more than one occupant unless
274otherwise authorized by federal law.
275     (b)  "Hybrid vehicle" means a motor vehicle:
276     1.  That draws propulsion energy from onboard sources of
277stored energy which are both an internal combustion or heat
278engine using combustible fuel and a rechargeable energy-storage
279system; and
280     2.  That, in the case of a passenger automobile or light
281truck, has received a certificate of conformity under the Clean
282Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
283equivalent qualifying California standards for a low-emission
284vehicle.
285     (2)  The number of persons that must be in a vehicle to
286qualify for legal use of the HOV lane and the hours during which
287the lane will serve as an HOV lane, if it is not designated as
288such on a full-time basis, must also be indicated on a traffic
289control device.
290     (3)  Except as provided in subsection (4), a vehicle may
291not be driven in an HOV lane if the vehicle is occupied by fewer
292than the number of occupants indicated by a traffic control
293device. A driver who violates this section shall be cited for a
294moving violation, punishable as provided in chapter 318.
295     (4)(a)  Notwithstanding any other provision of this
296section, an inherently low-emission vehicle (ILEV) that is
297certified and labeled in accordance with federal regulations may
298be driven in an HOV lane at any time, regardless of its
299occupancy. In addition, upon the state's receipt of written
300notice from the proper federal regulatory agency authorizing
301such use, a vehicle defined as a hybrid vehicle under this
302section may be driven in an HOV lane at any time, regardless of
303its occupancy.
304     (b)  All eligible hybrid and all eligible other low-
305emission and energy-efficient vehicles driven in an HOV lane
306must comply with the minimum fuel economy standards in 23 U.S.C.
307s. 166(f)(3)(B).
308     (c)  Upon its effective date, the eligibility of hybrid and
309other low-emission and energy-efficient vehicles for operation
310in an HOV lane regardless of occupancy shall be determined in
311accordance with the applicable final rule issued by the United
312States Environmental Protection Agency, pursuant to 23 U.S.C. s.
313166(e).
314     (5)  The department shall issue a decal and registration
315certificate, to be renewed annually, reflecting the HOV lane
316designation on such vehicles authorizing meeting the criteria in
317subsection (4) authorizing driving in an HOV lane at any time
318such use. The department may charge a fee for a decal, not to
319exceed the costs of designing, producing, and distributing each
320decal, or $5, whichever is less. The proceeds from sale of the
321decals shall be deposited in the Highway Safety Operating Trust
322Fund. The department may, for reasons of operation and
323management of HOV facilities, limit or discontinue issuance of
324decals for the use of HOV facilities by hybrid and low-emission
325and energy-efficient vehicles, regardless of occupancy, if it
326has been determined by the Department of Transportation that the
327facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
328     (6)  Vehicles having decals by virtue of compliance with
329the minimum fuel economy standards under 23 U.S.C. s.
330166(f)(3)(B), and which are registered for use in high-occupancy
331toll lanes or express lanes in accordance with Department of
332Transportation rule, shall be allowed to use any HOV lanes
333redesignated as high-occupancy toll lanes or express lanes
334without payment of a toll.
335     (5)  As used in this section, the term "hybrid vehicle"
336means a motor vehicle:
337     (a)  That draws propulsion energy from onboard sources of
338stored energy which are both:
339     1.  An internal combustion or heat engine using combustible
340fuel; and
341     2.  A rechargeable energy storage system; and
342     (b)  That, in the case of a passenger automobile or light
343truck:
344     1.  Has received a certificate of conformity under the
345Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
346     2.  Meets or exceeds the equivalent qualifying California
347standards for a low-emission vehicle.
348     (7)(6)  The department may adopt rules necessary to
349administer this section.
350     Section 3.  Subsection (4) of section 316.1001, Florida
351Statutes, is amended to read:
352     316.1001  Payment of toll on toll facilities required;
353penalties.--
354     (4)  Any governmental entity, including, without
355limitation, a clerk of court, may supply the department with
356data that is machine readable by the department's computer
357system, listing persons who have one or more outstanding
358violations of this section, with reference to the person's
359driver's license number, or license plate number in the case of
360a business entity. Pursuant to s. 320.03(8), those persons may
361not be issued a license plate or revalidation sticker for any
362motor vehicle. Upon receipt of such lists of persons, in
363accordance with the provisions of s. 320.03(8), the department
364and its authorized agents shall not issue a license plate or
365revalidation sticker for any motor vehicle owned by a person
366having any outstanding violations of this section until such
367person's name no longer appears on the department's list of
368persons with outstanding violations of this section or until
369such person presents a receipt from the clerk showing that all
370applicable amounts owed on outstanding violations have been
371paid.
372     Section 4.  Subsection (4) of section 316.193, Florida
373Statutes, is amended to read:
374     316.193  Driving under the influence; penalties.--
375     (4)(a)  Any person who is convicted of a violation of
376subsection (1) and who has a blood-alcohol level or breath-
377alcohol level of 0.15 0.20 or higher, or any person who is
378convicted of a violation of subsection (1) and who at the time
379of the offense was accompanied in the vehicle by a person under
380the age of 18 years, shall be punished:
381     1.(a)  By a fine of:
382     a.1.  Not less than $500 or more than $1,000 for a first
383conviction.
384     b.2.  Not less than $1,000 or more than $2,000 for a second
385conviction.
386     c.3.  Not less than $2,000 for a third or subsequent
387conviction.
388     2.(b)  By imprisonment for:
389     a.1.  Not more than 9 months for a first conviction.
390     b.2.  Not more than 12 months for a second conviction.
391     (b)  For the purposes of this subsection, only the instant
392offense is required to be a violation of subsection (1) by a
393person who has a blood-alcohol level or breath-alcohol level of
3940.15 0.20 or higher.
395     (c)  In addition to the penalties in subparagraphs (a)1.
396and 2. paragraphs (a) and (b), the court shall order the
397mandatory placement, at the convicted person's sole expense, of
398an ignition interlock device approved by the department in
399accordance with s. 316.1938 upon all vehicles that are
400individually or jointly leased or owned and routinely operated
401by the convicted person for up to 6 months for the first offense
402and for at least 2 years for a second offense, when the
403convicted person qualifies for a permanent or restricted
404license. The installation of such device may not occur before
405July 1, 2003.
406     Section 5.  Effective October 1, 2008, paragraph (b) of
407subsection (1) and subsections (6) and (8) of section 316.302,
408Florida Statutes, are amended to read:
409     316.302  Commercial motor vehicles; safety regulations;
410transporters and shippers of hazardous materials; enforcement.--
411     (1)
412     (b)  Except as otherwise provided in this section, all
413owners or drivers of commercial motor vehicles that are engaged
414in intrastate commerce are subject to the rules and regulations
415contained in 49 C.F.R. parts 382, 385, and 390-397, with the
416exception of 49 C.F.R. s. 390.5 as it relates to the definition
417of bus, as such rules and regulations existed on October 1, 2008
4182005.
419     (6)  The state Department of Transportation shall perform
420the duties that are assigned to the Field Administrator, Federal
421Motor Carrier Safety Administration Regional Federal Highway
422Administrator under the federal rules, and an agent of that
423department, as described in s. 316.545(9), may enforce those
424rules.
425     (8)  For the purpose of enforcing this section, any law
426enforcement officer of the Department of Transportation or duly
427appointed agent who holds a current safety inspector
428certification from the Commercial Vehicle Safety Alliance may
429require the driver of any commercial vehicle operated on the
430highways of this state to stop and submit to an inspection of
431the vehicle or the driver's records. If the vehicle or driver is
432found to be operating in an unsafe condition, or if any required
433part or equipment is not present or is not in proper repair or
434adjustment, and the continued operation would present an unduly
435hazardous operating condition, the officer may require the
436vehicle or the driver to be removed from service pursuant to the
437North American Standard Uniform Out-of-Service Criteria, until
438corrected. However, if continuous operation would not present an
439unduly hazardous operating condition, the officer may give
440written notice requiring correction of the condition within 14
441days.
442     (a)  Any member of the Florida Highway Patrol or any law
443enforcement officer employed by a sheriff's office or municipal
444police department authorized to enforce the traffic laws of this
445state pursuant to s. 316.640 who has reason to believe that a
446vehicle or driver is operating in an unsafe condition may, as
447provided in subsection (10), enforce the provisions of this
448section.
449     (b)  Any person who fails to comply with an officer's
450request to submit to an inspection under this subsection commits
451a violation of s. 843.02 if the person resists the officer
452without violence or a violation of s. 843.01 if the person
453resists the officer with violence.
454     Section 6.  Paragraph (a) of subsection (2) of section
455316.656, Florida Statutes, is amended to read:
456     316.656  Mandatory adjudication; prohibition against
457accepting plea to lesser included offense.--
458     (2)(a)  No trial judge may accept a plea of guilty to a
459lesser offense from a person charged under the provisions of
460this act who has been given a breath or blood test to determine
461blood or breath alcohol content, the results of which show a
462blood or breath alcohol content by weight of 0.15 0.20 percent
463or more.
464     Section 7.  Subsection (34) is added to section 334.044,
465Florida Statutes, to read:
466     334.044  Department; powers and duties.--The department
467shall have the following general powers and duties:
468     (34)  The department shall maintain training programs for
469department employees and prospective employees who are graduates
470from an approved engineering curriculum of 4 years or more in a
471school, college, or university approved by the Board of
472Professional Engineers to provide broad practical expertise in
473the field of transportation engineering leading to licensure as
474a professional engineer. The department shall maintain training
475programs for department employees to provide broad practical
476experience and enhanced knowledge in the areas of right-of-way
477property management, real estate appraisal, and business
478valuation relating to department right-of-way acquisition
479activities. These training programs may provide for incremental
480increases to base salary for all employees enrolled in the
481programs upon successful completion of training phases.
482     Section 8.  Subsections (1), (2), and (7) of section
483337.185, Florida Statutes, are amended to read:
484     337.185  State Arbitration Board.--
485     (1)  To facilitate the prompt settlement of claims for
486additional compensation arising out of construction and
487maintenance contracts between the department and the various
488contractors with whom it transacts business, the Legislature
489does hereby establish the State Arbitration Board, referred to
490in this section as the "board." For the purpose of this section,
491"claim" shall mean the aggregate of all outstanding claims by a
492party arising out of a construction or maintenance contract.
493Every contractual claim in an amount up to $250,000 per contract
494or, at the claimant's option, up to $500,000 per contract or,
495upon agreement of the parties, up to $1 million per contract
496that cannot be resolved by negotiation between the department
497and the contractor shall be arbitrated by the board after
498acceptance of the project by the department. As an exception,
499either party to the dispute may request that the claim be
500submitted to binding private arbitration. A court of law may not
501consider the settlement of such a claim until the process
502established by this section has been exhausted.
503     (2)  The board shall be composed of three members. One
504member shall be appointed by the head of the department, and one
505member shall be elected by those construction or maintenance
506companies who are under contract with the department. The third
507member shall be chosen by agreement of the other two members.
508Whenever the third member has a conflict of interest regarding
509affiliation with one of the parties, the other two members shall
510select an alternate member for that hearing. The head of the
511department may select an alternative or substitute to serve as
512the department member for any hearing or term. Each member shall
513serve a 2-year term. The board shall elect a chair, each term,
514who shall be the administrator of the board and custodian of its
515records.
516     (7)  The members of the board may receive compensation for
517the performance of their duties hereunder, from administrative
518fees received by the board, except that no employee of the
519department may receive compensation from the board. The
520compensation amount shall be determined by the board, but shall
521not exceed $125 per hour, up to a maximum of $1,000 per day for
522each member authorized to receive compensation. Nothing in this
523section shall prevent the member elected by construction or
524maintenance companies from being an employee of an association
525affiliated with the industry, even if the sole responsibility of
526that member is service on the board. Travel expenses for the
527industry member may be paid by an industry association, if
528necessary. The board may allocate funds annually for clerical
529and other administrative services.
530     Section 9.  Subsection (1) of section 337.403, Florida
531Statutes, is amended to read:
532     337.403  Relocation of utility; expenses.--
533     (1)  Any utility heretofore or hereafter placed upon,
534under, over, or along any public road or publicly owned rail
535corridor that is found by the authority to be unreasonably
536interfering in any way with the convenient, safe, or continuous
537use, or the maintenance, improvement, extension, or expansion,
538of such public road or publicly owned rail corridor shall, upon
53930 days' written notice to the utility or its agent by the
540authority, be removed or relocated by such utility at its own
541expense except as provided in paragraphs (a), (b), and (c), and
542(d).
543     (a)  If the relocation of utility facilities, as referred
544to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
545627 of the 84th Congress, is necessitated by the construction of
546a project on the federal-aid interstate system, including
547extensions thereof within urban areas, and the cost of such
548project is eligible and approved for reimbursement by the
549Federal Government to the extent of 90 percent or more under the
550Federal Aid Highway Act, or any amendment thereof, then in that
551event the utility owning or operating such facilities shall
552relocate such facilities upon order of the department, and the
553state shall pay the entire expense properly attributable to such
554relocation after deducting therefrom any increase in the value
555of the new facility and any salvage value derived from the old
556facility.
557     (b)  When a joint agreement between the department and the
558utility is executed for utility improvement, relocation, or
559removal work to be accomplished as part of a contract for
560construction of a transportation facility, the department may
561participate in those utility improvement, relocation, or removal
562costs that exceed the department's official estimate of the cost
563of such work by more than 10 percent. The amount of such
564participation shall be limited to the difference between the
565official estimate of all the work in the joint agreement plus 10
566percent and the amount awarded for this work in the construction
567contract for such work. The department may not participate in
568any utility improvement, relocation, or removal costs that occur
569as a result of changes or additions during the course of the
570contract.
571     (c)  When an agreement between the department and utility
572is executed for utility improvement, relocation, or removal work
573to be accomplished in advance of a contract for construction of
574a transportation facility, the department may participate in the
575cost of clearing and grubbing necessary to perform such work.
576     (d)  If the facility being relocated exclusively serves the
577authority, the authority shall bear the cost of removal or
578relocation.
579     Section 10.  Subsection (6) is added to section 338.01,
580Florida Statutes, to read:
581     338.01  Authority to establish and regulate limited access
582facilities.--
583     (6)  All new limited access facilities and existing
584transportation facilities on which new or replacement electronic
585toll collection systems are installed shall be interoperable
586with the department's electronic toll collection system.
587     Section 11.  Subsections (2) and (4) of section 338.165,
588Florida Statutes, are amended to read:
589     338.165  Continuation of tolls.--
590     (2)  If the revenue-producing project is on the State
591Highway System, any remaining toll revenue shall be used within
592the county or counties in which the revenue-producing project is
593located for the construction, maintenance, or improvement of any
594road on the State Highway System or public transit within the
595county or counties in which the revenue-producing project is
596located, except as provided in s. 348.0004.
597     (4)  Notwithstanding any other law to the contrary,
598pursuant to s. 11, Art. VII of the State Constitution, and
599subject to the requirements of subsection (2), the Department of
600Transportation may request the Division of Bond Finance to issue
601bonds secured by toll revenues to be collected on the Alligator
602Alley, the Sunshine Skyway Bridge, the Beeline-East Expressway,
603the Navarre Bridge, and the Pinellas Bayway to fund
604transportation projects located within the county or counties in
605which the project is located and contained in the adopted work
606program of the department.
607     Section 12.  Paragraph (d) is added to subsection (1) of
608section 338.2216, Florida Statutes, to read:
609     338.2216  Florida Turnpike Enterprise; powers and
610authority.--
611     (1)
612     (d)  The Florida Turnpike Enterprise is directed to pursue
613and implement new technologies and processes in its operations
614and collection of tolls and the collection of other amounts
615associated with road and infrastructure usage. This is to
616include, without limitation, video billing and variable pricing.
617     Section 13.  Paragraph (b) of subsection (1) of section
618338.223, Florida Statutes, is amended to read:
619     338.223  Proposed turnpike projects.--
620     (1)
621     (b)  Any proposed turnpike project or improvement shall be
622developed in accordance with the Florida Transportation Plan and
623the work program pursuant to s. 339.135. Turnpike projects that
624add capacity, alter access, affect feeder roads, or affect the
625operation of the local transportation system shall be included
626in the transportation improvement plan of the affected
627metropolitan planning organization. If such turnpike project
628does not fall within the jurisdiction of a metropolitan planning
629organization, the department shall notify the affected county
630and provide for public hearings in accordance with s.
631339.155(5)(6)(c).
632     Section 14.  Section 338.231, Florida Statutes, is amended
633to read:
634     338.231  Turnpike tolls, fixing; pledge of tolls and other
635revenues.--The department shall at all times fix, adjust,
636charge, and collect such tolls and amounts for the use of the
637turnpike system as are required in order to provide a fund
638sufficient with other revenues of the turnpike system to pay the
639cost of maintaining, improving, repairing, and operating such
640turnpike system; to pay the principal of and interest on all
641bonds issued to finance or refinance any portion of the turnpike
642system as the same become due and payable; and to create
643reserves for all such purposes.
644     (1)  In the process of effectuating toll rate increases
645over the period 1988 through 1992, the department shall, to the
646maximum extent feasible, equalize the toll structure, within
647each vehicle classification, so that the per mile toll rate will
648be approximately the same throughout the turnpike system. New
649turnpike projects may have toll rates higher than the uniform
650system rate where such higher toll rates are necessary to
651qualify the project in accordance with the financial criteria in
652the turnpike law. Such higher rates may be reduced to the
653uniform system rate when the project is generating sufficient
654revenues to pay the full amount of debt service and operating
655and maintenance costs at the uniform system rate. If, after 15
656years of opening to traffic, the annual revenue of a turnpike
657project does not meet or exceed the annual debt service
658requirements and operating and maintenance costs attributable to
659such project, the department shall, to the maximum extent
660feasible, establish a toll rate for the project which is higher
661than the uniform system rate as necessary to meet such annual
662debt service requirements and operating and maintenance costs.
663The department may, to the extent feasible, establish a
664temporary toll rate at less than the uniform system rate for the
665purpose of building patronage for the ultimate benefit of the
666turnpike system. In no case shall the temporary rate be
667established for more than 1 year. The requirements of this
668subsection shall not apply when the application of such
669requirements would violate any covenant established in a
670resolution or trust indenture relating to the issuance of
671turnpike bonds.
672     (1)(2)  Notwithstanding any other provision of law, the
673department may defer the scheduled July 1, 1993, toll rate
674increase on the Homestead Extension of the Florida Turnpike
675until July 1, 1995. The department may also advance funds to the
676Turnpike General Reserve Trust Fund to replace estimated lost
677revenues resulting from this deferral. The amount advanced must
678be repaid within 12 years from the date of advance; however, the
679repayment is subordinate to all other debt financing of the
680turnpike system outstanding at the time repayment is due.
681     (2)(3)  The department shall publish a proposed change in
682the toll rate for the use of an existing toll facility, in the
683manner provided for in s. 120.54, which will provide for public
684notice and the opportunity for a public hearing before the
685adoption of the proposed rate change. When the department is
686evaluating a proposed turnpike toll project under s. 338.223 and
687has determined that there is a high probability that the project
688will pass the test of economic feasibility predicated on
689proposed toll rates, the toll rate that is proposed to be
690charged after the project is constructed must be adopted during
691the planning and project development phase of the project, in
692the manner provided for in s. 120.54, including public notice
693and the opportunity for a public hearing. For such a new
694project, the toll rate becomes effective upon the opening of the
695project to traffic.
696     (3)(a)(4)  For the period July 1, 1998, through June 30,
6972017, the department shall, to the maximum extent feasible,
698program sufficient funds in the tentative work program such that
699the percentage of turnpike toll and bond financed commitments in
700Dade County, Broward County, and Palm Beach County as compared
701to total turnpike toll and bond financed commitments shall be at
702least 90 percent of the share of net toll collections
703attributable to users of the turnpike system in Dade County,
704Broward County, and Palm Beach County as compared to total net
705toll collections attributable to users of the turnpike system.
706The requirements of this subsection do not apply when the
707application of such requirements would violate any covenant
708established in a resolution or trust indenture relating to the
709issuance of turnpike bonds. The department at any time for
710economic considerations may establish lower temporary toll rates
711for a new or existing toll facility for a period not to exceed 1
712year, after which the toll rates promulgated under s. 120.54
713shall become effective.
714     (b)  The department shall also fix, adjust, charge, and
715collect such amounts needed to cover the costs of administering
716the different toll collection and payment methods and types of
717accounts being offered and utilized, in the manner provided for
718in s. 120.54, which will provide for public notice and the
719opportunity for a public hearing before adoption. Such amounts
720may stand alone, or be incorporated in a toll rate structure, or
721be a combination thereof.
722     (4)(5)  When bonds are outstanding which have been issued
723to finance or refinance any turnpike project, the tolls and all
724other revenues derived from the turnpike system and pledged to
725such bonds shall be set aside as may be provided in the
726resolution authorizing the issuance of such bonds or the trust
727agreement securing the same. The tolls or other revenues or
728other moneys so pledged and thereafter received by the
729department are immediately subject to the lien of such pledge
730without any physical delivery thereof or further act. The lien
731of any such pledge is valid and binding as against all parties
732having claims of any kind in tort or contract or otherwise
733against the department irrespective of whether such parties have
734notice thereof. Neither the resolution nor any trust agreement
735by which a pledge is created need be filed or recorded except in
736the records of the department.
737     (5)(6)  In each fiscal year while any of the bonds of the
738Broward County Expressway Authority series 1984 and series 1986-
739A remain outstanding, the department is authorized to pledge
740revenues from the turnpike system to the payment of principal
741and interest of such series of bonds and the operation and
742maintenance expenses of the Sawgrass Expressway, to the extent
743gross toll revenues of the Sawgrass Expressway are insufficient
744to make such payments. The terms of an agreement relative to the
745pledge of turnpike system revenue will be negotiated with the
746parties of the 1984 and 1986 Broward County Expressway Authority
747lease-purchase agreements, and subject to the covenants of those
748agreements. The agreement shall establish that the Sawgrass
749Expressway shall be subject to the planning, management, and
750operating control of the department limited only by the terms of
751the lease-purchase agreements. The department shall provide for
752the payment of operation and maintenance expenses of the
753Sawgrass Expressway until such agreement is in effect. This
754pledge of turnpike system revenues shall be subordinate to the
755debt service requirements of any future issue of turnpike bonds,
756the payment of turnpike system operation and maintenance
757expenses, and subject to provisions of any subsequent resolution
758or trust indenture relating to the issuance of such turnpike
759bonds.
760     (6)(7)  The use and disposition of revenues pledged to
761bonds are subject to the provisions of ss. 338.22-338.241 and
762such regulations as the resolution authorizing the issuance of
763such bonds or such trust agreement may provide.
764     Section 15.  Paragraph (c) of subsection (7) of section
765339.135, Florida Statutes, is amended to read:
766     339.135  Work program; legislative budget request;
767definitions; preparation, adoption, execution, and amendment.--
768     (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
769     (c)  The department may amend the adopted work program to
770transfer fixed capital outlay appropriations for projects within
771the same appropriations category or between appropriations
772categories, including the following amendments which shall be
773subject to the procedures in paragraph (d):
774     1.  Any amendment which deletes any project or project
775phase;
776     2.  Any amendment which adds a project estimated to cost
777over $500,000 $150,000 in funds appropriated by the Legislature;
778     3.  Any amendment which advances or defers to another
779fiscal year, a right-of-way phase, a construction phase, or a
780public transportation project phase estimated to cost over
781$500,000 in funds appropriated by the Legislature, except an
782amendment advancing a phase to the current fiscal year by one
783fiscal year or deferring a phase for a period of 90 days or
784less; or
785     4.  Any amendment which advances or defers to another
786fiscal year, any preliminary engineering phase or design phase
787estimated to cost over $500,000 $150,000 in funds appropriated
788by the Legislature, except an amendment advancing a phase to the
789current fiscal year by one fiscal year or deferring a phase for
790a period of 90 days or less.
791     Section 16.  Section 339.155, Florida Statutes, is amended
792to read:
793     339.155  Transportation planning.--
794     (1)  THE FLORIDA TRANSPORTATION PLAN.--The department shall
795develop and annually update a statewide transportation plan, to
796be known as the Florida Transportation Plan. The plan shall be
797designed so as to be easily read and understood by the general
798public. The purpose of the Florida Transportation Plan is to
799establish and define the state's long-range transportation goals
800and objectives to be accomplished over a period of at least 20
801years within the context of the State Comprehensive Plan, and
802any other statutory mandates and authorizations and based upon
803the prevailing principles of: preserving the existing
804transportation infrastructure; enhancing Florida's economic
805competitiveness; and improving travel choices to ensure
806mobility. The Florida Transportation Plan shall consider the
807needs of the entire state transportation system and examine the
808use of all modes of transportation to effectively and
809efficiently meet such needs.
810     (2)  SCOPE OF PLANNING PROCESS.--The department shall carry
811out a transportation planning process in conformance with s.
812334.046(1) and 23 U.S.C. s. 135, as amended from time to time.
813which provides for consideration of projects and strategies that
814will:
815     (a)  Support the economic vitality of the United States,
816Florida, and the metropolitan areas, especially by enabling
817global competitiveness, productivity, and efficiency;
818     (b)  Increase the safety and security of the transportation
819system for motorized and nonmotorized users;
820     (c)  Increase the accessibility and mobility options
821available to people and for freight;
822     (d)  Protect and enhance the environment, promote energy
823conservation, and improve quality of life;
824     (e)  Enhance the integration and connectivity of the
825transportation system, across and between modes throughout
826Florida, for people and freight;
827     (f)  Promote efficient system management and operation; and
828     (g)  Emphasize the preservation of the existing
829transportation system.
830     (3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida
831Transportation Plan shall be a unified, concise planning
832document that clearly defines the state's long-range
833transportation goals and objectives and documents the
834department's short-range objectives developed to further such
835goals and objectives. The plan shall:
836     (a)  Include a glossary that clearly and succinctly defines
837any and all phrases, words, or terms of art included in the
838plan, with which the general public may be unfamiliar. and shall
839consist of, at a minimum, the following components:
840     (b)(a)  Document A long-range component documenting the
841goals and long-term objectives necessary to implement the
842results of the department's findings from its examination of the
843prevailing principles and criteria provided under listed in
844subsection (2) and s. 334.046(1). The long-range component must
845     (c)  Be developed in cooperation with the metropolitan
846planning organizations and reconciled, to the maximum extent
847feasible, with the long-range plans developed by metropolitan
848planning organizations pursuant to s. 339.175. The plan must
849also
850     (d)  Be developed in consultation with affected local
851officials in nonmetropolitan areas and with any affected Indian
852tribal governments. The plan must
853     (e)  Provide an examination of transportation issues likely
854to arise during at least a 20-year period. The long-range
855component shall
856     (f)  Be updated at least once every 5 years, or more often
857as necessary, to reflect substantive changes to federal or state
858law.
859     (b)  A short-range component documenting the short-term
860objectives and strategies necessary to implement the goals and
861long-term objectives contained in the long-range component. The
862short-range component must define the relationship between the
863long-range goals and the short-range objectives, specify those
864objectives against which the department's achievement of such
865goals will be measured, and identify transportation strategies
866necessary to efficiently achieve the goals and objectives in the
867plan. It must provide a policy framework within which the
868department's legislative budget request, the strategic
869information resource management plan, and the work program are
870developed. The short-range component shall serve as the
871department's annual agency strategic plan pursuant to s.
872186.021. The short-range component shall be developed consistent
873with available and forecasted state and federal funds. The
874short-range component shall also be submitted to the Florida
875Transportation Commission.
876     (4)  ANNUAL PERFORMANCE REPORT.--The department shall
877develop an annual performance report evaluating the operation of
878the department for the preceding fiscal year. The report shall
879also include a summary of the financial operations of the
880department and shall annually evaluate how well the adopted work
881program meets the short-term objectives contained in the short-
882range component of the Florida Transportation Plan. This
883performance report shall be submitted to the Florida
884Transportation Commission and the legislative appropriations and
885transportation committees.
886     (4)(5)  ADDITIONAL TRANSPORTATION PLANS.--
887     (a)  Upon request by local governmental entities, the
888department may in its discretion develop and design
889transportation corridors, arterial and collector streets,
890vehicular parking areas, and other support facilities which are
891consistent with the plans of the department for major
892transportation facilities. The department may render to local
893governmental entities or their planning agencies such technical
894assistance and services as are necessary so that local plans and
895facilities are coordinated with the plans and facilities of the
896department.
897     (b)  Each regional planning council, as provided for in s.
898186.504, or any successor agency thereto, shall develop, as an
899element of its strategic regional policy plan, transportation
900goals and policies. The transportation goals and policies must
901be prioritized to comply with the prevailing principles provided
902in subsection (2) and s. 334.046(1). The transportation goals
903and policies shall be consistent, to the maximum extent
904feasible, with the goals and policies of the metropolitan
905planning organization and the Florida Transportation Plan. The
906transportation goals and policies of the regional planning
907council will be advisory only and shall be submitted to the
908department and any affected metropolitan planning organization
909for their consideration and comments. Metropolitan planning
910organization plans and other local transportation plans shall be
911developed consistent, to the maximum extent feasible, with the
912regional transportation goals and policies. The regional
913planning council shall review urbanized area transportation
914plans and any other planning products stipulated in s. 339.175
915and provide the department and respective metropolitan planning
916organizations with written recommendations which the department
917and the metropolitan planning organizations shall take under
918advisement. Further, the regional planning councils shall
919directly assist local governments which are not part of a
920metropolitan area transportation planning process in the
921development of the transportation element of their comprehensive
922plans as required by s. 163.3177.
923     (c)  Regional transportation plans may be developed in
924regional transportation areas in accordance with an interlocal
925agreement entered into pursuant to s. 163.01 by two or more
926contiguous metropolitan planning organizations; one or more
927metropolitan planning organizations and one or more contiguous
928counties, none of which is a member of a metropolitan planning
929organization; a multicounty regional transportation authority
930created by or pursuant to law; two or more contiguous counties
931that are not members of a metropolitan planning organization; or
932metropolitan planning organizations comprised of three or more
933counties.
934     (d)  The interlocal agreement must, at a minimum, identify
935the entity that will coordinate the development of the regional
936transportation plan; delineate the boundaries of the regional
937transportation area; provide the duration of the agreement and
938specify how the agreement may be terminated, modified, or
939rescinded; describe the process by which the regional
940transportation plan will be developed; and provide how members
941of the entity will resolve disagreements regarding
942interpretation of the interlocal agreement or disputes relating
943to the development or content of the regional transportation
944plan. Such interlocal agreement shall become effective upon its
945recordation in the official public records of each county in the
946regional transportation area.
947     (e)  The regional transportation plan developed pursuant to
948this section must, at a minimum, identify regionally significant
949transportation facilities located within a regional
950transportation area and contain a prioritized list of regionally
951significant projects. The level-of-service standards for
952facilities to be funded under this subsection shall be adopted
953by the appropriate local government in accordance with s.
954163.3180(10). The projects shall be adopted into the capital
955improvements schedule of the local government comprehensive plan
956pursuant to s. 163.3177(3).
957     (5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
958TRANSPORTATION PLANNING.--
959     (a)  During the development of the long-range component of
960the Florida Transportation Plan and prior to substantive
961revisions, the department shall provide citizens, affected
962public agencies, representatives of transportation agency
963employees, other affected employee representatives, private
964providers of transportation, and other known interested parties
965with an opportunity to comment on the proposed plan or
966revisions. These opportunities shall include, at a minimum,
967publishing a notice in the Florida Administrative Weekly and
968within a newspaper of general circulation within the area of
969each department district office.
970     (b)  During development of major transportation
971improvements, such as those increasing the capacity of a
972facility through the addition of new lanes or providing new
973access to a limited or controlled access facility or
974construction of a facility in a new location, the department
975shall hold one or more hearings prior to the selection of the
976facility to be provided; prior to the selection of the site or
977corridor of the proposed facility; and prior to the selection of
978and commitment to a specific design proposal for the proposed
979facility. Such public hearings shall be conducted so as to
980provide an opportunity for effective participation by interested
981persons in the process of transportation planning and site and
982route selection and in the specific location and design of
983transportation facilities. The various factors involved in the
984decision or decisions and any alternative proposals shall be
985clearly presented so that the persons attending the hearing may
986present their views relating to the decision or decisions which
987will be made.
988     (c)  Opportunity for design hearings:
989     1.  The department, prior to holding a design hearing,
990shall duly notify all affected property owners of record, as
991recorded in the property appraiser's office, by mail at least 20
992days prior to the date set for the hearing. The affected
993property owners shall be:
994     a.  Those whose property lies in whole or in part within
995300 feet on either side of the centerline of the proposed
996facility.
997     b.  Those whom the department determines will be
998substantially affected environmentally, economically, socially,
999or safetywise.
1000     2.  For each subsequent hearing, the department shall
1001publish notice prior to the hearing date in a newspaper of
1002general circulation for the area affected. These notices must be
1003published twice, with the first notice appearing at least 15
1004days, but no later than 30 days, before the hearing.
1005     3.  A copy of the notice of opportunity for the hearing
1006must be furnished to the United States Department of
1007Transportation and to the appropriate departments of the state
1008government at the time of publication.
1009     4.  The opportunity for another hearing shall be afforded
1010in any case when proposed locations or designs are so changed
1011from those presented in the notices specified above or at a
1012hearing as to have a substantially different social, economic,
1013or environmental effect.
1014     5.  The opportunity for a hearing shall be afforded in each
1015case in which the department is in doubt as to whether a hearing
1016is required.
1017     Section 17.  Subsections (1) and (3) of section 339.2819,
1018Florida Statutes, are amended to read:
1019     339.2819  Transportation Regional Incentive Program.--
1020     (1)  There is created within the Department of
1021Transportation a Transportation Regional Incentive Program for
1022the purpose of providing funds to improve regionally significant
1023transportation facilities in regional transportation areas
1024created pursuant to s. 339.155(4)(5).
1025     (3)  The department shall allocate funding available for
1026the Transportation Regional Incentive Program to the districts
1027based on a factor derived from equal parts of population and
1028motor fuel collections for eligible counties in regional
1029transportation areas created pursuant to s. 339.155(4)(5).
1030     Section 18.  Subsection (6) of section 339.285, Florida
1031Statutes, is amended to read:
1032     339.285  Enhanced Bridge Program for Sustainable
1033Transportation.--
1034     (6)  Preference shall be given to bridge projects located
1035on corridors that connect to the Strategic Intermodal System,
1036created under s. 339.64, and that have been identified as
1037regionally significant in accordance with s. 339.155(4)(5)(c),
1038(d), and (e).
1039     Section 19.  Subsection (1) of section 479.01, Florida
1040Statutes, is amended to read:
1041     479.01  Definitions.--As used in this chapter, the term:
1042     (1)  "Automatic changeable facing" means a facing which
1043through a mechanical system is capable of delivering two or more
1044advertising messages through an automated or remotely controlled
1045process and shall not rotate so rapidly as to cause distraction
1046to a motorist.
1047     Section 20.  Subsections (1) and (5) of section 479.07,
1048Florida Statutes, are amended to read:
1049     479.07  Sign permits.--
1050     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
1051person may not erect, operate, use, or maintain, or cause to be
1052erected, operated, used, or maintained, any sign on the State
1053Highway System outside an urban incorporated area, as defined in
1054s. 334.03(32), or on any portion of the interstate or federal-
1055aid primary highway system without first obtaining a permit for
1056the sign from the department and paying the annual fee as
1057provided in this section. For purposes of this section, "on any
1058portion of the State Highway System, interstate, or federal-aid
1059primary system" shall mean a sign located within the controlled
1060area which is visible from any portion of the main-traveled way
1061of such system.
1062     (5)(a)  For each permit issued, the department shall
1063furnish to the applicant a serially numbered permanent metal
1064permit tag. The permittee is responsible for maintaining a valid
1065permit tag on each permitted sign facing at all times. The tag
1066shall be securely attached to the sign apron at the end nearest
1067the highway facing or, if there is no apron facing, on the pole
1068nearest the highway at a point not less than 2 feet or more than
10694 feet below the sign facing; and it shall be attached in such a
1070manner as to be plainly visible from the main-traveled way. For
1071signs holding valid permits on July 1, 2008, the tag posting
1072requirement shall be effective July 1, 2010. The permit will
1073become void unless the permit tag is properly and permanently
1074displayed at the permitted site within 30 days after the date of
1075permit issuance. If the permittee fails to erect a completed
1076sign on the permitted site within 270 days after the date on
1077which the permit was issued, the permit will be void, and the
1078department may not issue a new permit to that permittee for the
1079same location for 270 days after the date on which the permit
1080became void.
1081     (b)  If a permit tag is lost, stolen, or destroyed, the
1082permittee to whom the tag was issued must apply to the
1083department for a replacement tag. The department shall establish
1084by rule a service fee for replacement tags in an amount that
1085will recover the actual cost of providing the replacement tag.
1086Upon receipt of the application accompanied by the a service fee
1087of $3, the department shall issue a replacement permit tag.
1088     Section 21.  Section 479.08, Florida Statutes, is amended
1089to read:
1090     479.08  Denial or revocation of permit.--The department has
1091the authority to deny or revoke any permit requested or granted
1092under this chapter in any case in which it determines that the
1093application for the permit contains knowingly false or
1094misleading information. The department has the authority to
1095revoke any permit granted under this chapter in any case in
1096which or that the permittee has violated any of the provisions
1097of this chapter, unless such permittee, within 30 days after the
1098receipt of notice by the department, corrects such false or
1099misleading information and complies with the provisions of this
1100chapter. Any person aggrieved by any action of the department in
1101denying or revoking a permit under this chapter may, within 30
1102days after receipt of the notice, apply to the department for an
1103administrative hearing pursuant to chapter 120. If a timely
1104request for hearing has been filed and the department issues a
1105final order revoking a permit, such revocation shall be
1106effective 30 days after the date of rendition. Except for
1107department action pursuant to s. 479.107(1), the filing of a
1108timely and proper notice of appeal shall operate to stay the
1109revocation until the department's action is upheld.
1110     Section 22.  Subsection (2) of section 479.11, Florida
1111Statutes, is amended to read:
1112     479.11  Specified signs prohibited.--No sign shall be
1113erected, used, operated, or maintained:
1114     (2)  Beyond 660 feet of the nearest edge of the right-of-
1115way of any portion of the interstate highway system or the
1116federal-aid primary highway system outside an urban area, if the
1117advertising message or informative contents of the which sign
1118are visible from the main traveled way is erected for the
1119purpose of its message being read from the main-traveled way of
1120such system, except as provided in ss. 479.111(1) and 479.16.
1121     Section 23.  Subsection (1), subsection (3), subsection
1122(4), and subsection (5) of section 479.261, Florida Statutes,
1123are amended to read:
1124     479.261  Logo sign program.--
1125     (1)  The department shall establish a logo sign program for
1126the rights-of-way of the interstate highway system to provide
1127information to motorists about available gas, food, lodging, and
1128camping, attractions, and other services which are approved by
1129the Federal Highway Administration at interchanges, through the
1130use of business logos, and may include additional interchanges
1131under the program. A logo sign for nearby attractions may be
1132added to this program if allowed by federal rules.
1133     (a)  An attraction as used in this chapter is defined as an
1134establishment, site, facility, or landmark which is open a
1135minimum of 5 days a week for 52 weeks a year; which charges an
1136admission for entry; which has as its principal focus family-
1137oriented entertainment, cultural, educational, recreational,
1138scientific, or historical activities; and which is publicly
1139recognized as a bona fide tourist attraction. However, the
1140permits for businesses seeking to participate in the attractions
1141logo sign program shall be awarded by the department annually to
1142the highest bidders, notwithstanding the limitation on fees in
1143subsection (5), which are qualified for available space at each
1144qualified location, but the fees therefor may not be less than
1145the fees established for logo participants in other logo
1146categories.
1147     (b)  The department shall incorporate the use of RV-
1148friendly markers on specific information logo signs for
1149establishments that cater to the needs of persons driving
1150recreational vehicles. Establishments that qualify for
1151participation in the specific information logo program and that
1152also qualify as "RV-friendly" may request the RV-friendly marker
1153on their specific information logo sign. An RV-friendly marker
1154must consist of a design approved by the Federal Highway
1155Administration. The department shall adopt rules in accordance
1156with chapter 120 to administer this paragraph, including rules
1157setting forth the minimum requirements that establishments must
1158meet in order to qualify as RV-friendly. These requirements
1159shall include large parking spaces, entrances, and exits that
1160can easily accommodate recreational vehicles and facilities
1161having appropriate overhead clearances, if applicable.
1162     (c)  The department is authorized to implement by rule a
1163rotation-based logo program providing for the removal and
1164addition of participating businesses in the program.
1165     (3)  Logo signs may be installed upon the issuance of an
1166annual permit by the department or its agent and payment of a an
1167application and permit fee to the department or its agent.
1168     (4)  The department may contract pursuant to s. 287.057 for
1169the provision of services related to the logo sign program,
1170including recruitment and qualification of businesses, review of
1171applications, permit issuance, and fabrication, installation,
1172and maintenance of logo signs. The department may reject all
1173proposals and seek another request for proposals or otherwise
1174perform the work. If the department contracts for the provision
1175of services for the logo sign program, the contract must
1176require, unless the business owner declines, that businesses
1177that previously entered into agreements with the department to
1178privately fund logo sign construction and installation be
1179reimbursed by the contractor for the cost of the signs which has
1180not been recovered through a previously agreed upon waiver of
1181fees. The contract also may allow the contractor to retain a
1182portion of the annual fees as compensation for its services.
1183     (5)  Permit fees for businesses that participate in the
1184logo program must be established in an amount not less than that
1185sufficient to offset the total cost to the department for the
1186program, including contract costs. The department shall provide
1187the services in the most efficient and cost-effective manner
1188through department staff or by contracting for some or all of
1189the services. Such annual permit fee shall not exceed $1,250.
1190Annual permit fees not to exceed $3,000 shall be set by
1191department rule based upon factors such as population, traffic
1192volume, market demand, and costs. The annual permit fees shall
1193be phased in by rule over a 4-year period of time.
1194     Section 24.  For the purpose of incorporating the amendment
1195made by this act to section 316.193, Florida Statutes, in a
1196reference thereto, paragraph (a) of subsection (3) of section
1197316.066, Florida Statutes, is reenacted to read:
1198     316.066  Written reports of crashes.--
1199     (3)(a)  Every law enforcement officer who in the regular
1200course of duty investigates a motor vehicle crash:
1201     1.  Which crash resulted in death or personal injury shall,
1202within 10 days after completing the investigation, forward a
1203written report of the crash to the department or traffic records
1204center.
1205     2.  Which crash involved a violation of s. 316.061(1) or s.
1206316.193 shall, within 10 days after completing the
1207investigation, forward a written report of the crash to the
1208department or traffic records center.
1209     3.  In which crash a vehicle was rendered inoperative to a
1210degree which required a wrecker to remove it from traffic may,
1211within 10 days after completing the investigation, forward a
1212written report of the crash to the department or traffic records
1213center if such action is appropriate, in the officer's
1214discretion.
1215     Section 25.  For the purpose of incorporating the amendment
1216made by this act to section 316.193, Florida Statutes, in a
1217reference thereto, paragraph (b) of subsection (4) of section
1218316.072, Florida Statutes, is reenacted to read:
1219     316.072  Obedience to and effect of traffic laws.--
1220     (4)  PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;
1221EXCEPTIONS.--
1222     (b)  Unless specifically made applicable, the provisions of
1223this chapter, except those contained in ss. 316.192, 316.1925,
1224and 316.193, shall not apply to persons, teams, or motor
1225vehicles and other equipment while actually engaged in work upon
1226the surface of a highway, but shall apply to such persons and
1227vehicles when traveling to or from such work.
1228     Section 26.  For the purpose of incorporating the amendment
1229made by this act to section 316.193, Florida Statutes, in a
1230reference thereto, subsection (3) of section 316.1932, Florida
1231Statutes, is reenacted to read:
1232     316.1932  Tests for alcohol, chemical substances, or
1233controlled substances; implied consent; refusal.--
1234     (3)  Notwithstanding any provision of law pertaining to the
1235confidentiality of hospital records or other medical records,
1236information relating to the alcoholic content of the blood or
1237breath or the presence of chemical substances or controlled
1238substances in the blood obtained pursuant to this section shall
1239be released to a court, prosecuting attorney, defense attorney,
1240or law enforcement officer in connection with an alleged
1241violation of s. 316.193 upon request for such information.
1242     Section 27.  For the purpose of incorporating the amendment
1243made by this act to section 316.193, Florida Statutes, in a
1244reference thereto, subsection (4) of section 316.1933, Florida
1245Statutes, is reenacted to read:
1246     316.1933  Blood test for impairment or intoxication in
1247cases of death or serious bodily injury; right to use reasonable
1248force.--
1249     (4)  Notwithstanding any provision of law pertaining to the
1250confidentiality of hospital records or other medical records,
1251information relating to the alcoholic content of the blood or
1252the presence of chemical substances or controlled substances in
1253the blood obtained pursuant to this section shall be released to
1254a court, prosecuting attorney, defense attorney, or law
1255enforcement officer in connection with an alleged violation of
1256s. 316.193 upon request for such information.
1257     Section 28.  For the purpose of incorporating the amendment
1258made by this act to section 316.193, Florida Statutes, in
1259references thereto, subsection (1) and paragraph (d) of
1260subsection (2) of section 316.1937, Florida Statutes, are
1261reenacted to read:
1262     316.1937  Ignition interlock devices, requiring; unlawful
1263acts.--
1264     (1)  In addition to any other authorized penalties, the
1265court may require that any person who is convicted of driving
1266under the influence in violation of s. 316.193 shall not operate
1267a motor vehicle unless that vehicle is equipped with a
1268functioning ignition interlock device certified by the
1269department as provided in s. 316.1938, and installed in such a
1270manner that the vehicle will not start if the operator's blood
1271alcohol level is in excess of 0.05 percent or as otherwise
1272specified by the court. The court may require the use of an
1273approved ignition interlock device for a period of not less than
12746 months, if the person is permitted to operate a motor vehicle,
1275whether or not the privilege to operate a motor vehicle is
1276restricted, as determined by the court. The court, however,
1277shall order placement of an ignition interlock device in those
1278circumstances required by s. 316.193.
1279     (2)  If the court imposes the use of an ignition interlock
1280device, the court shall:
1281     (d)  Determine the person's ability to pay for installation
1282of the device if the person claims inability to pay. If the
1283court determines that the person is unable to pay for
1284installation of the device, the court may order that any portion
1285of a fine paid by the person for a violation of s. 316.193 shall
1286be allocated to defray the costs of installing the device.
1287     Section 29.  For the purpose of incorporating the amendment
1288made by this act to section 316.193, Florida Statutes, in a
1289reference thereto, paragraph (b) of subsection (1) of section
1290316.1939, Florida Statutes, is reenacted to read:
1291     316.1939  Refusal to submit to testing; penalties.--
1292     (1)  Any person who has refused to submit to a chemical or
1293physical test of his or her breath, blood, or urine, as
1294described in s. 316.1932, and whose driving privilege was
1295previously suspended for a prior refusal to submit to a lawful
1296test of his or her breath, urine, or blood, and:
1297     (b)  Who was placed under lawful arrest for a violation of
1298s. 316.193 unless such test was requested pursuant to s.
1299316.1932(1)(c);
1300
1301commits a misdemeanor of the first degree and is subject to
1302punishment as provided in s. 775.082 or s. 775.083.
1303     Section 30.  For the purpose of incorporating the amendment
1304made by this act to section 316.193, Florida Statutes, in a
1305reference thereto, subsection (1) of section 316.656, Florida
1306Statutes, is reenacted to read:
1307     316.656  Mandatory adjudication; prohibition against
1308accepting plea to lesser included offense.--
1309     (1)  Notwithstanding the provisions of s. 948.01, no court
1310may suspend, defer, or withhold adjudication of guilt or
1311imposition of sentence for any violation of s. 316.193, for
1312manslaughter resulting from the operation of a motor vehicle, or
1313for vehicular homicide.
1314     Section 31.  For the purpose of incorporating the amendment
1315made by this act to section 316.193, Florida Statutes, in
1316references thereto, subsections (4) and (5) of section 318.143,
1317Florida Statutes, are reenacted to read:
1318     318.143  Sanctions for infractions by minors.--
1319     (4)  For the first conviction for a violation of s.
1320316.193, the court may order the Department of Highway Safety
1321and Motor Vehicles to revoke the minor's driver's license until
1322the minor is 18 years of age. For a second or subsequent
1323conviction for such a violation, the court may order the
1324Department of Highway Safety and Motor Vehicles to revoke the
1325minor's driver's license until the minor is 21 years of age.
1326     (5)  A minor who is arrested for a violation of s. 316.193
1327may be released from custody as soon as:
1328     (a)  The minor is no longer under the influence of
1329alcoholic beverages, of any chemical substance set forth in s.
1330877.111, or of any substance controlled under chapter 893, and
1331is not affected to the extent that his or her normal faculties
1332are impaired;
1333     (b)  The minor's blood-alcohol level is less than 0.05
1334percent; or
1335     (c)  Six hours have elapsed after the minor's arrest.
1336     Section 32.  For the purpose of incorporating the amendment
1337made by this act to section 316.193, Florida Statutes, in a
1338reference thereto, subsection (3) of section 318.17, Florida
1339Statutes, is reenacted to read:
1340     318.17  Offenses excepted.--No provision of this chapter is
1341available to a person who is charged with any of the following
1342offenses:
1343     (3)  Driving, or being in actual physical control of, any
1344vehicle while under the influence of alcoholic beverages, any
1345chemical substance set forth in s. 877.111, or any substance
1346controlled under chapter 893, in violation of s. 316.193, or
1347driving with an unlawful blood-alcohol level;
1348     Section 33.  For the purpose of incorporating the amendment
1349made by this act to section 316.193, Florida Statutes, in a
1350reference thereto, paragraph (c) of subsection (1) of section
1351320.055, Florida Statutes, is reenacted to read:
1352     320.055  Registration periods; renewal periods.--The
1353following registration periods and renewal periods are
1354established:
1355     (1)
1356     (c)  Notwithstanding the requirements of paragraph (a), the
1357owner of a motor vehicle subject to paragraph (a) who has had
1358his or her driver's license suspended pursuant to a violation of
1359s. 316.193 or pursuant to s. 322.26(2) for driving under the
1360influence must obtain a 6-month registration as a condition of
1361reinstating the license, subject to renewal during the 3-year
1362period that financial responsibility requirements apply. The
1363registration period begins the first day of the birth month of
1364the owner and ends the last day of the fifth month immediately
1365following the owner's birth month. For such vehicles, the
1366department shall issue a vehicle registration certificate that
1367is valid for 6 months and shall issue a validation sticker that
1368displays an expiration date of 6 months after the date of
1369issuance. The license tax required by s. 320.08 and all other
1370applicable license taxes shall be one-half of the amount
1371otherwise required, except the service charge required by s.
1372320.04 shall be paid in full for each 6-month registration. A
1373vehicle required to be registered under this paragraph is not
1374eligible for the extended registration period under paragraph
1375(b).
1376     Section 34.  For the purpose of incorporating the amendment
1377made by this act to section 316.193, Florida Statutes, in a
1378reference thereto, subsection (2) of section 322.03, Florida
1379Statutes, is reenacted to read:
1380     322.03  Drivers must be licensed; penalties.--
1381     (2)  Prior to issuing a driver's license, the department
1382shall require any person who has been convicted two or more
1383times of a violation of s. 316.193 or of a substantially similar
1384alcohol-related or drug-related offense outside this state
1385within the preceding 5 years, or who has been convicted of three
1386or more such offenses within the preceding 10 years, to present
1387proof of successful completion of or enrollment in a department-
1388approved substance abuse education course. If the person fails
1389to complete such education course within 90 days after issuance,
1390the department shall cancel the license. Further, prior to
1391issuing the driver's license the department shall require such
1392person to present proof of financial responsibility as provided
1393in s. 324.031. For the purposes of this paragraph, a previous
1394conviction for violation of former s. 316.028, former s.
1395316.1931, or former s. 860.01 shall be considered a previous
1396conviction for violation of s. 316.193.
1397     Section 35.  For the purpose of incorporating the amendment
1398made by this act to section 316.193, Florida Statutes, in a
1399reference thereto, paragraph (a) of subsection (2) of section
1400322.0602, Florida Statutes, is reenacted to read:
1401     322.0602  Youthful Drunk Driver Visitation Program.--
1402     (2)  COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE FOR
1403PARTICIPATION.--
1404     (a)  If a person is convicted of a violation of s. 316.193,
1405the court may order, as a term and condition of probation in
1406addition to any other term or condition required or authorized
1407by law, that the probationer participate in the Youthful Drunk
1408Driver Visitation Program.
1409     Section 36.  For the purpose of incorporating the amendment
1410made by this act to section 316.193, Florida Statutes, in a
1411reference thereto, subsection (8) of section 322.21, Florida
1412Statutes, is reenacted to read:
1413     322.21  License fees; procedure for handling and collecting
1414fees.--
1415     (8)  Any person who applies for reinstatement following the
1416suspension or revocation of the person's driver's license shall
1417pay a service fee of $35 following a suspension, and $60
1418following a revocation, which is in addition to the fee for a
1419license. Any person who applies for reinstatement of a
1420commercial driver's license following the disqualification of
1421the person's privilege to operate a commercial motor vehicle
1422shall pay a service fee of $60, which is in addition to the fee
1423for a license. The department shall collect all of these fees at
1424the time of reinstatement. The department shall issue proper
1425receipts for such fees and shall promptly transmit all funds
1426received by it as follows:
1427     (a)  Of the $35 fee received from a licensee for
1428reinstatement following a suspension, the department shall
1429deposit $15 in the General Revenue Fund and $20 in the Highway
1430Safety Operating Trust Fund.
1431     (b)  Of the $60 fee received from a licensee for
1432reinstatement following a revocation or disqualification, the
1433department shall deposit $35 in the General Revenue Fund and $25
1434in the Highway Safety Operating Trust Fund.
1435
1436If the revocation or suspension of the driver's license was for
1437a violation of s. 316.193, or for refusal to submit to a lawful
1438breath, blood, or urine test, an additional fee of $115 must be
1439charged. However, only one $115 fee may be collected from one
1440person convicted of violations arising out of the same incident.
1441The department shall collect the $115 fee and deposit the fee
1442into the Highway Safety Operating Trust Fund at the time of
1443reinstatement of the person's driver's license, but the fee may
1444not be collected if the suspension or revocation is overturned.
1445If the revocation or suspension of the driver's license was for
1446a conviction for a violation of s. 817.234(8) or (9) or s.
1447817.505, an additional fee of $180 is imposed for each offense.
1448The department shall collect and deposit the additional fee into
1449the Highway Safety Operating Trust Fund at the time of
1450reinstatement of the person's driver's license.
1451     Section 37.  For the purpose of incorporating the amendment
1452made by this act to section 316.193, Florida Statutes, in a
1453reference thereto, subsection (5) of section 322.25, Florida
1454Statutes, is reenacted to read:
1455     322.25  When court to forward license to department and
1456report convictions; temporary reinstatement of driving
1457privileges.--
1458     (5)  For the purpose of this chapter, the entrance of a
1459plea of nolo contendere by the defendant to a charge of driving
1460while intoxicated, driving under the influence, driving with an
1461unlawful blood-alcohol level, or any other alcohol-related or
1462drug-related traffic offense similar to the offenses specified
1463in s. 316.193, accepted by the court and under which plea the
1464court has entered a fine or sentence, whether in this state or
1465any other state or country, shall be equivalent to a conviction.
1466     Section 38.  For the purpose of incorporating the amendment
1467made by this act to section 316.193, Florida Statutes, in a
1468reference thereto, paragraph (a) of subsection (1) of section
1469322.26, Florida Statutes, is reenacted to read:
1470     322.26  Mandatory revocation of license by department.--The
1471department shall forthwith revoke the license or driving
1472privilege of any person upon receiving a record of such person's
1473conviction of any of the following offenses:
1474     (1)(a)  Murder resulting from the operation of a motor
1475vehicle, DUI manslaughter where the conviction represents a
1476subsequent DUI-related conviction, or a fourth violation of s.
1477316.193 or former s. 316.1931. For such cases, the revocation of
1478the driver's license or driving privilege shall be permanent.
1479     Section 39.  For the purpose of incorporating the amendment
1480made by this act to section 316.193, Florida Statutes, in
1481references thereto, paragraph (a) of subsection (14) and
1482subsection (16) of section 322.2615, Florida Statutes, are
1483reenacted to read:
1484     322.2615  Suspension of license; right to review.--
1485     (14)(a)  The decision of the department under this section
1486or any circuit court review thereof may not be considered in any
1487trial for a violation of s. 316.193, and a written statement
1488submitted by a person in his or her request for departmental
1489review under this section may not be admitted into evidence
1490against him or her in any such trial.
1491     (16)  The department shall invalidate a suspension for
1492driving with an unlawful blood-alcohol level or breath-alcohol
1493level imposed under this section if the suspended person is
1494found not guilty at trial of an underlying violation of s.
1495316.193.
1496     Section 40.  For the purpose of incorporating the amendment
1497made by this act to section 316.193, Florida Statutes, in
1498references thereto, subsections (15) and (19) of section
1499322.2616, Florida Statutes, are reenacted to read:
1500     322.2616  Suspension of license; persons under 21 years of
1501age; right to review.--
1502     (15)  The decision of the department under this section
1503shall not be considered in any trial for a violation of s.
1504316.193, nor shall any written statement submitted by a person
1505in his or her request for departmental review under this section
1506be admissible into evidence against him or her in any such
1507trial. The disposition of any related criminal proceedings shall
1508not affect a suspension imposed under this section.
1509     (19)  A violation of this section is neither a traffic
1510infraction nor a criminal offense, nor does being detained
1511pursuant to this section constitute an arrest. A violation of
1512this section is subject to the administrative action provisions
1513of this section, which are administered by the department
1514through its administrative processes. Administrative actions
1515taken pursuant to this section shall be recorded in the motor
1516vehicle records maintained by the department. This section does
1517not bar prosecution under s. 316.193. However, if the department
1518suspends a person's license under s. 322.2615 for a violation of
1519s. 316.193, it may not also suspend the person's license under
1520this section for the same episode that was the basis for the
1521suspension under s. 322.2615.
1522     Section 41.  For the purpose of incorporating the amendment
1523made by this act to section 316.193, Florida Statutes, in a
1524reference thereto, paragraph (b) of subsection (1) of section
1525322.264, Florida Statutes, is reenacted to read:
1526     322.264  "Habitual traffic offender" defined.--A "habitual
1527traffic offender" is any person whose record, as maintained by
1528the Department of Highway Safety and Motor Vehicles, shows that
1529such person has accumulated the specified number of convictions
1530for offenses described in subsection (1) or subsection (2)
1531within a 5-year period:
1532     (1)  Three or more convictions of any one or more of the
1533following offenses arising out of separate acts:
1534     (b)  Any violation of s. 316.193, former s. 316.1931, or
1535former s. 860.01;
1536
1537Any violation of any federal law, any law of another state or
1538country, or any valid ordinance of a municipality or county of
1539another state similar to a statutory prohibition specified in
1540subsection (1) or subsection (2) shall be counted as a violation
1541of such prohibition. In computing the number of convictions, all
1542convictions during the 5 years previous to July 1, 1972, will be
1543used, provided at least one conviction occurs after that date.
1544The fact that previous convictions may have resulted in
1545suspension, revocation, or disqualification under another
1546section does not exempt them from being used for suspension or
1547revocation under this section as a habitual offender.
1548     Section 42.  For the purpose of incorporating the amendment
1549made by this act to section 316.193, Florida Statutes, in
1550references thereto, paragraphs (a) and (c) of subsection (2) and
1551subsection (4) of section 322.271, Florida Statutes, are
1552reenacted to read:
1553     322.271  Authority to modify revocation, cancellation, or
1554suspension order.--
1555     (2)(a)  Upon such hearing, the person whose license has
1556been suspended, canceled, or revoked may show that such
1557suspension, cancellation, or revocation of his or her license
1558causes a serious hardship and precludes the person's carrying
1559out his or her normal business occupation, trade, or employment
1560and that the use of the person's license in the normal course of
1561his or her business is necessary to the proper support of the
1562person or his or her family. Except as otherwise provided in
1563this subsection, the department shall require proof of the
1564successful completion of the applicable department-approved
1565driver training course operating pursuant to s. 318.1451 or DUI
1566program substance abuse education course and evaluation as
1567provided in s. 316.193(5). Letters of recommendation from
1568respected business persons in the community, law enforcement
1569officers, or judicial officers may also be required to determine
1570whether such person should be permitted to operate a motor
1571vehicle on a restricted basis for business or employment use
1572only and in determining whether such person can be trusted to so
1573operate a motor vehicle. If a driver's license has been
1574suspended under the point system or pursuant to s. 322.2615, the
1575department shall require proof of enrollment in the applicable
1576department-approved driver training course or licensed DUI
1577program substance abuse education course, including evaluation
1578and treatment, if referred, and may require letters of
1579recommendation described in this subsection to determine if the
1580driver should be reinstated on a restricted basis. If such
1581person fails to complete the approved course within 90 days
1582after reinstatement or subsequently fails to complete treatment,
1583if applicable, the department shall cancel his or her driver's
1584license until the course and treatment, if applicable, is
1585successfully completed, notwithstanding the terms of the court
1586order or any suspension or revocation of the driving privilege.
1587The department may temporarily reinstate the driving privilege
1588on a restricted basis upon verification from the DUI program
1589that the offender has reentered and is currently participating
1590in treatment and has completed the DUI education course and
1591evaluation requirement. If the DUI program notifies the
1592department of the second failure to complete treatment, the
1593department shall reinstate the driving privilege only after
1594notice of completion of treatment from the DUI program. The
1595privilege of driving on a limited or restricted basis for
1596business or employment use shall not be granted to a person who
1597has been convicted of a violation of s. 316.193 until completion
1598of the DUI program substance abuse education course and
1599evaluations as provided in s. 316.193(5). Except as provided in
1600paragraph (b), the privilege of driving on a limited or
1601restricted basis for business or employment use shall not be
1602granted to a person whose license is revoked pursuant to s.
1603322.28 or suspended pursuant to s. 322.2615 and who has been
1604convicted of a violation of s. 316.193 two or more times or
1605whose license has been suspended two or more times for refusal
1606to submit to a test pursuant to s. 322.2615 or former s.
1607322.261.
1608     (c)  For the purpose of this section, a previous conviction
1609of driving under the influence, driving while intoxicated,
1610driving with an unlawful blood-alcohol level, or any other
1611similar alcohol-related or drug-related offense outside this
1612state or a previous conviction of former s. 316.1931, former s.
1613316.028, or former s. 860.01 shall be considered a previous
1614conviction for violation of s. 316.193.
1615     (4)  Notwithstanding the provisions of s. 322.28(2)(e), a
1616person whose driving privilege has been permanently revoked
1617because he or she has been convicted of DUI manslaughter in
1618violation of s. 316.193 and has no prior convictions for DUI-
1619related offenses may, upon the expiration of 5 years after the
1620date of such revocation or the expiration of 5 years after the
1621termination of any term of incarceration under s. 316.193 or
1622former s. 316.1931, whichever date is later, petition the
1623department for reinstatement of his or her driving privilege.
1624     (a)  Within 30 days after the receipt of such a petition,
1625the department shall afford the petitioner an opportunity for a
1626hearing. At the hearing, the petitioner must demonstrate to the
1627department that he or she:
1628     1.  Has not been arrested for a drug-related offense during
1629the 5 years preceding the filing of the petition;
1630     2.  Has not driven a motor vehicle without a license for at
1631least 5 years prior to the hearing;
1632     3.  Has been drug-free for at least 5 years prior to the
1633hearing; and
1634     4.  Has completed a DUI program licensed by the department.
1635     (b)  At such hearing, the department shall determine the
1636petitioner's qualification, fitness, and need to drive. Upon
1637such determination, the department may, in its discretion,
1638reinstate the driver's license of the petitioner. Such
1639reinstatement must be made subject to the following
1640qualifications:
1641     1.  The license must be restricted for employment purposes
1642for not less than 1 year; and
1643     2.  Such person must be supervised by a DUI program
1644licensed by the department and report to the program for such
1645supervision and education at least four times a year or
1646additionally as required by the program for the remainder of the
1647revocation period. Such supervision shall include evaluation,
1648education, referral into treatment, and other activities
1649required by the department.
1650     (c)  Such person must assume the reasonable costs of
1651supervision. If such person fails to comply with the required
1652supervision, the program shall report the failure to the
1653department, and the department shall cancel such person's
1654driving privilege.
1655     (d)  If, after reinstatement, such person is convicted of
1656an offense for which mandatory revocation of his or her license
1657is required, the department shall revoke his or her driving
1658privilege.
1659     (e)  The department shall adopt rules regulating the
1660providing of services by DUI programs pursuant to this section.
1661     Section 43.  For the purpose of incorporating the amendment
1662made by this act to section 316.193, Florida Statutes, in
1663references thereto, subsection (2), paragraphs (a) and (c) of
1664subsection (3), and subsection (4) of section 322.2715, Florida
1665Statutes, are reenacted to read:
1666     322.2715  Ignition interlock device.--
1667     (2)  For purposes of this section, any conviction for a
1668violation of s. 316.193, a previous conviction for a violation
1669of former s. 316.1931, or a conviction outside this state for
1670driving under the influence, driving while intoxicated, driving
1671with an unlawful blood-alcohol level, or any other similar
1672alcohol-related or drug-related traffic offense is a conviction
1673of driving under the influence.
1674     (3)  If the person is convicted of:
1675     (a)  A first offense of driving under the influence under
1676s. 316.193 and has an unlawful blood-alcohol level or breath-
1677alcohol level as specified in s. 316.193(4), or if a person is
1678convicted of a violation of s. 316.193 and was at the time of
1679the offense accompanied in the vehicle by a person younger than
168018 years of age, the person shall have the ignition interlock
1681device installed for 6 months for the first offense and for at
1682least 2 years for a second offense.
1683     (c)  A third offense of driving under the influence which
1684occurs within 10 years after a prior conviction for a violation
1685of s. 316.193, the ignition interlock device shall be installed
1686for a period of not less than 2 years.
1687     (4)  If the court fails to order the mandatory placement of
1688the ignition interlock device or fails to order for the
1689applicable period the mandatory placement of an ignition
1690interlock device under s. 316.193 or s. 316.1937 at the time of
1691imposing sentence or within 30 days thereafter, the department
1692shall immediately require that the ignition interlock device be
1693installed as provided in this section, except that consideration
1694may be given to those individuals having a documented medical
1695condition that would prohibit the device from functioning
1696normally. This subsection applies to the reinstatement of the
1697driving privilege following a revocation, suspension, or
1698cancellation that is based upon a conviction for the offense of
1699driving under the influence which occurs on or after July 1,
17002005.
1701     Section 44.  For the purpose of incorporating the amendment
1702made by this act to section 316.193, Florida Statutes, in a
1703reference thereto, subsection (2) of section 322.28, Florida
1704Statutes, is reenacted to read:
1705     322.28  Period of suspension or revocation.--
1706     (2)  In a prosecution for a violation of s. 316.193 or
1707former s. 316.1931, the following provisions apply:
1708     (a)  Upon conviction of the driver, the court, along with
1709imposing sentence, shall revoke the driver's license or driving
1710privilege of the person so convicted, effective on the date of
1711conviction, and shall prescribe the period of such revocation in
1712accordance with the following provisions:
1713     1.  Upon a first conviction for a violation of the
1714provisions of s. 316.193, except a violation resulting in death,
1715the driver's license or driving privilege shall be revoked for
1716not less than 180 days or more than 1 year.
1717     2.  Upon a second conviction for an offense that occurs
1718within a period of 5 years after the date of a prior conviction
1719for a violation of the provisions of s. 316.193 or former s.
1720316.1931 or a combination of such sections, the driver's license
1721or driving privilege shall be revoked for not less than 5 years.
1722     3.  Upon a third conviction for an offense that occurs
1723within a period of 10 years after the date of a prior conviction
1724for the violation of the provisions of s. 316.193 or former s.
1725316.1931 or a combination of such sections, the driver's license
1726or driving privilege shall be revoked for not less than 10
1727years.
1728
1729For the purposes of this paragraph, a previous conviction
1730outside this state for driving under the influence, driving
1731while intoxicated, driving with an unlawful blood-alcohol level,
1732or any other alcohol-related or drug-related traffic offense
1733similar to the offense of driving under the influence as
1734proscribed by s. 316.193 will be considered a previous
1735conviction for violation of s. 316.193, and a conviction for
1736violation of former s. 316.028, former s. 316.1931, or former s.
1737860.01 is considered a conviction for violation of s. 316.193.
1738     (b)  If the period of revocation was not specified by the
1739court at the time of imposing sentence or within 30 days
1740thereafter, and is not otherwise specified by law, the
1741department shall forthwith revoke the driver's license or
1742driving privilege for the maximum period applicable under
1743paragraph (a) for a first conviction and for the minimum period
1744applicable under paragraph (a) for any subsequent convictions.
1745The driver may, within 30 days after such revocation by the
1746department, petition the court for further hearing on the period
1747of revocation, and the court may reopen the case and determine
1748the period of revocation within the limits specified in
1749paragraph (a).
1750     (c)  The forfeiture of bail bond, not vacated within 20
1751days, in any prosecution for the offense of driving while under
1752the influence of alcoholic beverages, chemical substances, or
1753controlled substances to the extent of depriving the defendant
1754of his or her normal faculties shall be deemed equivalent to a
1755conviction for the purposes of this paragraph, and the
1756department shall forthwith revoke the defendant's driver's
1757license or driving privilege for the maximum period applicable
1758under paragraph (a) for a first conviction and for the minimum
1759period applicable under paragraph (a) for a second or subsequent
1760conviction; however, if the defendant is later convicted of the
1761charge, the period of revocation imposed by the department for
1762such conviction shall not exceed the difference between the
1763applicable maximum for a first conviction or minimum for a
1764second or subsequent conviction and the revocation period under
1765this subsection that has actually elapsed; upon conviction of
1766such charge, the court may impose revocation for a period of
1767time as specified in paragraph (a). This paragraph does not
1768apply if an appropriate motion contesting the forfeiture is
1769filed within the 20-day period.
1770     (d)  When any driver's license or driving privilege has
1771been revoked pursuant to the provisions of this section, the
1772department shall not grant a new license, except upon
1773reexamination of the licensee after the expiration of the period
1774of revocation so prescribed. However, the court may, in its
1775sound discretion, issue an order of reinstatement on a form
1776furnished by the department which the person may take to any
1777driver's license examining office for reinstatement by the
1778department pursuant to s. 322.282.
1779     (e)  The court shall permanently revoke the driver's
1780license or driving privilege of a person who has been convicted
1781four times for violation of s. 316.193 or former s. 316.1931 or
1782a combination of such sections. The court shall permanently
1783revoke the driver's license or driving privilege of any person
1784who has been convicted of DUI manslaughter in violation of s.
1785316.193. If the court has not permanently revoked such driver's
1786license or driving privilege within 30 days after imposing
1787sentence, the department shall permanently revoke the driver's
1788license or driving privilege pursuant to this paragraph. No
1789driver's license or driving privilege may be issued or granted
1790to any such person. This paragraph applies only if at least one
1791of the convictions for violation of s. 316.193 or former s.
1792316.1931 was for a violation that occurred after July 1, 1982.
1793For the purposes of this paragraph, a conviction for violation
1794of former s. 316.028, former s. 316.1931, or former s. 860.01 is
1795also considered a conviction for violation of s. 316.193. Also,
1796a conviction of driving under the influence, driving while
1797intoxicated, driving with an unlawful blood-alcohol level, or
1798any other similar alcohol-related or drug-related traffic
1799offense outside this state is considered a conviction for the
1800purposes of this paragraph.
1801     Section 45.  For the purpose of incorporating the amendment
1802made by this act to section 316.193, Florida Statutes, in
1803references thereto, paragraph (a) of subsection (2) of section
1804322.282, Florida Statutes, is reenacted to read:
1805     322.282  Procedure when court revokes or suspends license
1806or driving privilege and orders reinstatement.--When a court
1807suspends or revokes a person's license or driving privilege and,
1808in its discretion, orders reinstatement as provided by s.
1809322.28(2)(d) or former s. 322.261(5):
1810     (2)(a)  The court shall issue an order of reinstatement, on
1811a form to be furnished by the department, which the person may
1812take to any driver's license examining office. The department
1813shall issue a temporary driver's permit to a licensee who
1814presents the court's order of reinstatement, proof of completion
1815of a department-approved driver training or substance abuse
1816education course, and a written request for a hearing under s.
1817322.271. The permit shall not be issued if a record check by the
1818department shows that the person has previously been convicted
1819for a violation of s. 316.193, former s. 316.1931, former s.
1820316.028, former s. 860.01, or a previous conviction outside this
1821state for driving under the influence, driving while
1822intoxicated, driving with an unlawful blood-alcohol level, or
1823any similar alcohol-related or drug-related traffic offense;
1824that the person's driving privilege has been previously
1825suspended for refusal to submit to a lawful test of breath,
1826blood, or urine; or that the person is otherwise not entitled to
1827issuance of a driver's license. This paragraph shall not be
1828construed to prevent the reinstatement of a license or driving
1829privilege that is presently suspended for driving with an
1830unlawful blood-alcohol level or a refusal to submit to a breath,
1831urine, or blood test and is also revoked for a conviction for a
1832violation of s. 316.193 or former s. 316.1931, if the suspension
1833and revocation arise out of the same incident.
1834     Section 46.  For the purpose of incorporating the amendment
1835made by this act to section 316.193, Florida Statutes, in a
1836reference thereto, paragraph (a) of subsection (1) of section
1837322.291, Florida Statutes, is reenacted to read:
1838     322.291  Driver improvement schools or DUI programs;
1839required in certain suspension and revocation cases.--Except as
1840provided in s. 322.03(2), any person:
1841     (1)  Whose driving privilege has been revoked:
1842     (a)  Upon conviction for:
1843     1.  Driving, or being in actual physical control of, any
1844vehicle while under the influence of alcoholic beverages, any
1845chemical substance set forth in s. 877.111, or any substance
1846controlled under chapter 893, in violation of s. 316.193;
1847     2.  Driving with an unlawful blood- or breath-alcohol
1848level;
1849     3.  Manslaughter resulting from the operation of a motor
1850vehicle;
1851     4.  Failure to stop and render aid as required under the
1852laws of this state in the event of a motor vehicle crash
1853resulting in the death or personal injury of another;
1854     5.  Reckless driving; or
1855
1856shall, before the driving privilege may be reinstated, present
1857to the department proof of enrollment in a department-approved
1858advanced driver improvement course operating pursuant to s.
1859318.1451 or a substance abuse education course conducted by a
1860DUI program licensed pursuant to s. 322.292, which shall include
1861a psychosocial evaluation and treatment, if referred. If the
1862person fails to complete such course or evaluation within 90
1863days after reinstatement, or subsequently fails to complete
1864treatment, if referred, the DUI program shall notify the
1865department of the failure. Upon receipt of the notice, the
1866department shall cancel the offender's driving privilege,
1867notwithstanding the expiration of the suspension or revocation
1868of the driving privilege. The department may temporarily
1869reinstate the driving privilege upon verification from the DUI
1870program that the offender has completed the education course and
1871evaluation requirement and has reentered and is currently
1872participating in treatment. If the DUI program notifies the
1873department of the second failure to complete treatment, the
1874department shall reinstate the driving privilege only after
1875notice of completion of treatment from the DUI program.
1876     Section 47.  For the purpose of incorporating the amendment
1877made by this act to section 316.193, Florida Statutes, in a
1878reference thereto, paragraph (a) of subsection (9) of section
1879322.34, Florida Statutes, is reenacted to read:
1880     322.34  Driving while license suspended, revoked, canceled,
1881or disqualified.--
1882     (9)(a)  A motor vehicle that is driven by a person under
1883the influence of alcohol or drugs in violation of s. 316.193 is
1884subject to seizure and forfeiture under ss. 932.701-932.707 and
1885is subject to liens for recovering, towing, or storing vehicles
1886under s. 713.78 if, at the time of the offense, the person's
1887driver's license is suspended, revoked, or canceled as a result
1888of a prior conviction for driving under the influence.
1889     Section 48.  For the purpose of incorporating the amendment
1890made by this act to section 316.193, Florida Statutes, in a
1891reference thereto, subsection (3) of section 322.62, Florida
1892Statutes, is reenacted to read:
1893     322.62  Driving under the influence; commercial motor
1894vehicle operators.--
1895     (3)  This section does not supersede s. 316.193. Nothing in
1896this section prohibits the prosecution of a person who drives a
1897commercial motor vehicle for driving under the influence of
1898alcohol or controlled substances whether or not such person is
1899also prosecuted for a violation of this section.
1900     Section 49.  For the purpose of incorporating the amendment
1901made by this act to section 316.193, Florida Statutes, in
1902references thereto, paragraph (d) of subsection (2) and
1903subsection (6) of section 322.63, Florida Statutes, are
1904reenacted to read:
1905     322.63  Alcohol or drug testing; commercial motor vehicle
1906operators.--
1907     (2)  The chemical and physical tests authorized by this
1908section shall only be required if a law enforcement officer has
1909reasonable cause to believe that a person driving a commercial
1910motor vehicle has any alcohol, chemical substance, or controlled
1911substance in his or her body.
1912     (d)  The administration of one test under paragraph (a),
1913paragraph (b), or paragraph (c) shall not preclude the
1914administration of a different test under paragraph (a),
1915paragraph (b), or paragraph (c). However, a urine test may not
1916be used to determine alcohol concentration and a breath test may
1917not be used to determine the presence of controlled substances
1918or chemical substances in a person's body. Notwithstanding the
1919provisions of this paragraph, in the event a Florida licensee
1920has been convicted in another state for an offense substantially
1921similar to s. 316.193 or to s. 322.62, which conviction was
1922based upon evidence of test results prohibited by this
1923paragraph, that out-of-state conviction shall constitute a
1924conviction for the purposes of this chapter.
1925     (6)  Notwithstanding any provision of law pertaining to the
1926confidentiality of hospital records or other medical records,
1927information relating to the alcohol content of a person's blood
1928or the presence of chemical substances or controlled substances
1929in a person's blood obtained pursuant to this section shall be
1930released to a court, prosecuting attorney, defense attorney, or
1931law enforcement officer in connection with an alleged violation
1932of s. 316.193 or s. 322.62 upon request for such information.
1933     Section 50.  For the purpose of incorporating the amendment
1934made by this act to section 316.193, Florida Statutes, in
1935references thereto, subsections (1) and (2), paragraph (a) of
1936subsection (7), paragraph (b) of subsection (8), and subsections
1937(14) and (15) of section 322.64, Florida Statutes, are reenacted
1938to read:
1939     322.64  Holder of commercial driver's license; driving with
1940unlawful blood-alcohol level; refusal to submit to breath,
1941urine, or blood test.--
1942     (1)(a)  A law enforcement officer or correctional officer
1943shall, on behalf of the department, disqualify from operating
1944any commercial motor vehicle a person who while operating or in
1945actual physical control of a commercial motor vehicle is
1946arrested for a violation of s. 316.193, relating to unlawful
1947blood-alcohol level or breath-alcohol level, or a person who has
1948refused to submit to a breath, urine, or blood test authorized
1949by s. 322.63 arising out of the operation or actual physical
1950control of a commercial motor vehicle. Upon disqualification of
1951the person, the officer shall take the person's driver's license
1952and issue the person a 10-day temporary permit for the operation
1953of noncommercial vehicles only if the person is otherwise
1954eligible for the driving privilege and shall issue the person a
1955notice of disqualification. If the person has been given a
1956blood, breath, or urine test, the results of which are not
1957available to the officer at the time of the arrest, the agency
1958employing the officer shall transmit such results to the
1959department within 5 days after receipt of the results. If the
1960department then determines that the person was arrested for a
1961violation of s. 316.193 and that the person had a blood-alcohol
1962level or breath-alcohol level of 0.08 or higher, the department
1963shall disqualify the person from operating a commercial motor
1964vehicle pursuant to subsection (3).
1965     (b)  The disqualification under paragraph (a) shall be
1966pursuant to, and the notice of disqualification shall inform the
1967driver of, the following:
1968     1.a.  The driver refused to submit to a lawful breath,
1969blood, or urine test and he or she is disqualified from
1970operating a commercial motor vehicle for a period of 1 year, for
1971a first refusal, or permanently, if he or she has previously
1972been disqualified as a result of a refusal to submit to such a
1973test; or
1974     b.  The driver violated s. 316.193 by driving with an
1975unlawful blood-alcohol level and he or she is disqualified from
1976operating a commercial motor vehicle for a period of 6 months
1977for a first offense or for a period of 1 year if he or she has
1978previously been disqualified, or his or her driving privilege
1979has been previously suspended, for a violation of s. 316.193.
1980     2.  The disqualification period for operating commercial
1981vehicles shall commence on the date of arrest or issuance of
1982notice of disqualification, whichever is later.
1983     3.  The driver may request a formal or informal review of
1984the disqualification by the department within 10 days after the
1985date of arrest or issuance of notice of disqualification,
1986whichever is later.
1987     4.  The temporary permit issued at the time of arrest or
1988disqualification will expire at midnight of the 10th day
1989following the date of disqualification.
1990     5.  The driver may submit to the department any materials
1991relevant to the arrest.
1992     (2)  Except as provided in paragraph (1)(a), the law
1993enforcement officer shall forward to the department, within 5
1994days after the date of the arrest or the issuance of the notice
1995of disqualification, whichever is later, a copy of the notice of
1996disqualification, the driver's license of the person arrested,
1997and a report of the arrest, including, if applicable, an
1998affidavit stating the officer's grounds for belief that the
1999person arrested was in violation of s. 316.193; the results of
2000any breath or blood test or an affidavit stating that a breath,
2001blood, or urine test was requested by a law enforcement officer
2002or correctional officer and that the person arrested refused to
2003submit; a copy of the citation issued to the person arrested;
2004and the officer's description of the person's field sobriety
2005test, if any. The failure of the officer to submit materials
2006within the 5-day period specified in this subsection or
2007subsection (1) shall not affect the department's ability to
2008consider any evidence submitted at or prior to the hearing. The
2009officer may also submit a copy of a videotape of the field
2010sobriety test or the attempt to administer such test.
2011     (7)  In a formal review hearing under subsection (6) or an
2012informal review hearing under subsection (4), the hearing
2013officer shall determine by a preponderance of the evidence
2014whether sufficient cause exists to sustain, amend, or invalidate
2015the disqualification. The scope of the review shall be limited
2016to the following issues:
2017     (a)  If the person was disqualified from operating a
2018commercial motor vehicle for driving with an unlawful blood-
2019alcohol level in violation of s. 316.193:
2020     1.  Whether the arresting law enforcement officer had
2021probable cause to believe that the person was driving or in
2022actual physical control of a commercial motor vehicle in this
2023state while he or she had any alcohol, chemical substances, or
2024controlled substances in his or her body.
2025     2.  Whether the person was placed under lawful arrest for a
2026violation of s. 316.193.
2027     3.  Whether the person had an unlawful blood-alcohol level
2028as provided in s. 316.193.
2029     (8)  Based on the determination of the hearing officer
2030pursuant to subsection (7) for both informal hearings under
2031subsection (4) and formal hearings under subsection (6), the
2032department shall:
2033     (b)  Sustain the disqualification for a period of 6 months
2034for a violation of s. 316.193 or for a period of 1 year if the
2035person has been previously disqualified from operating a
2036commercial motor vehicle or his or her driving privilege has
2037been previously suspended as a result of a violation of s.
2038316.193. The disqualification period commences on the date of
2039the arrest or issuance of the notice of disqualification,
2040whichever is later.
2041     (14)  The decision of the department under this section
2042shall not be considered in any trial for a violation of s.
2043316.193, s. 322.61, or s. 322.62, nor shall any written
2044statement submitted by a person in his or her request for
2045departmental review under this section be admissible into
2046evidence against him or her in any such trial. The disposition
2047of any related criminal proceedings shall not affect a
2048disqualification imposed pursuant to this section.
2049     (15)  This section does not preclude the suspension of the
2050driving privilege pursuant to s. 322.2615. The driving privilege
2051of a person who has been disqualified from operating a
2052commercial motor vehicle also may be suspended for a violation
2053of s. 316.193.
2054     Section 51.  For the purpose of incorporating the amendment
2055made by this act to section 316.193, Florida Statutes, in a
2056reference thereto, paragraph (f) of subsection (4) of section
2057323.001, Florida Statutes, is reenacted to read:
2058     323.001  Wrecker operator storage facilities; vehicle
2059holds.--
2060     (4)  The requirements for a written hold apply when the
2061following conditions are present:
2062     (f)  The vehicle is impounded or immobilized pursuant to s.
2063316.193 or s. 322.34; or
2064     Section 52.  For the purpose of incorporating the amendment
2065made by this act to section 316.193, Florida Statutes, in
2066references thereto, section 324.023, Florida Statutes, is
2067reenacted to read:
2068     324.023  Financial responsibility for bodily injury or
2069death.--In addition to any other financial responsibility
2070required by law, every owner or operator of a motor vehicle that
2071is required to be registered in this state, or that is located
2072within this state, and who, regardless of adjudication of guilt,
2073has been found guilty of or entered a plea of guilty or nolo
2074contendere to a charge of driving under the influence under s.
2075316.193 after October 1, 2007, shall, by one of the methods
2076established in s. 324.031(1), (2), or (3), establish and
2077maintain the ability to respond in damages for liability on
2078account of accidents arising out of the use of a motor vehicle
2079in the amount of $100,000 because of bodily injury to, or death
2080of, one person in any one crash and, subject to such limits for
2081one person, in the amount of $300,000 because of bodily injury
2082to, or death of, two or more persons in any one crash and in the
2083amount of $50,000 because of property damage in any one crash.
2084If the owner or operator chooses to establish and maintain such
2085ability by posting a bond or furnishing a certificate of deposit
2086pursuant to s. 324.031(2) or (3), such bond or certificate of
2087deposit must be in an amount not less than $350,000. Such higher
2088limits must be carried for a minimum period of 3 years. If the
2089owner or operator has not been convicted of driving under the
2090influence or a felony traffic offense for a period of 3 years
2091from the date of reinstatement of driving privileges for a
2092violation of s. 316.193, the owner or operator shall be exempt
2093from this section.
2094     Section 53.  For the purpose of incorporating the amendment
2095made by this act to section 316.193, Florida Statutes, in a
2096reference thereto, section 324.131, Florida Statutes, is
2097reenacted to read:
2098     324.131  Period of suspension.--Such license, registration
2099and nonresident's operating privilege shall remain so suspended
2100and shall not be renewed, nor shall any such license or
2101registration be thereafter issued in the name of such person,
2102including any such person not previously licensed, unless and
2103until every such judgment is stayed, satisfied in full or to the
2104extent of the limits stated in s. 324.021(7) and until the said
2105person gives proof of financial responsibility as provided in s.
2106324.031, such proof to be maintained for 3 years. In addition,
2107if the person's license or registration has been suspended or
2108revoked due to a violation of s. 316.193 or pursuant to s.
2109322.26(2), that person shall maintain noncancelable liability
2110coverage for each motor vehicle registered in his or her name,
2111as described in s. 627.7275(2), and must present proof that
2112coverage is in force on a form adopted by the Department of
2113Highway Safety and Motor Vehicles, such proof to be maintained
2114for 3 years.
2115     Section 54.  For the purpose of incorporating the amendment
2116made by this act to section 316.193, Florida Statutes, in a
2117reference thereto, subsection (6) of section 327.35, Florida
2118Statutes, is reenacted to read:
2119     327.35  Boating under the influence; penalties; "designated
2120drivers".--
2121     (6)  With respect to any person convicted of a violation of
2122subsection (1), regardless of any other penalty imposed:
2123     (a)  For the first conviction, the court shall place the
2124defendant on probation for a period not to exceed 1 year and, as
2125a condition of such probation, shall order the defendant to
2126participate in public service or a community work project for a
2127minimum of 50 hours. The court must also, as a condition of
2128probation, order the impoundment or immobilization of the vessel
2129that was operated by or in the actual control of the defendant
2130or any one vehicle registered in the defendant's name at the
2131time of impoundment or immobilization, for a period of 10 days
2132or for the unexpired term of any lease or rental agreement that
2133expires within 10 days. The impoundment or immobilization must
2134not occur concurrently with the incarceration of the defendant.
2135The impoundment or immobilization order may be dismissed in
2136accordance with paragraph (e) or paragraph (f). The total period
2137of probation and incarceration may not exceed 1 year.
2138     (b)  For the second conviction for an offense that occurs
2139within a period of 5 years after the date of a prior conviction
2140for violation of this section, the court shall order
2141imprisonment for not less than 10 days. The court must also, as
2142a condition of probation, order the impoundment or
2143immobilization of the vessel that was operated by or in the
2144actual control of the defendant or any one vehicle registered in
2145the defendant's name at the time of impoundment or
2146immobilization, for a period of 30 days or for the unexpired
2147term of any lease or rental agreement that expires within 30
2148days. The impoundment or immobilization must not occur
2149concurrently with the incarceration of the defendant. The
2150impoundment or immobilization order may be dismissed in
2151accordance with paragraph (e) or paragraph (f). At least 48
2152hours of confinement must be consecutive.
2153     (c)  For the third or subsequent conviction for an offense
2154that occurs within a period of 10 years after the date of a
2155prior conviction for violation of this section, the court shall
2156order imprisonment for not less than 30 days. The court must
2157also, as a condition of probation, order the impoundment or
2158immobilization of the vessel that was operated by or in the
2159actual control of the defendant or any one vehicle registered in
2160the defendant's name at the time of impoundment or
2161immobilization, for a period of 90 days or for the unexpired
2162term of any lease or rental agreement that expires within 90
2163days. The impoundment or immobilization must not occur
2164concurrently with the incarceration of the defendant. The
2165impoundment or immobilization order may be dismissed in
2166accordance with paragraph (e) or paragraph (f). At least 48
2167hours of confinement must be consecutive.
2168     (d)  The court must at the time of sentencing the defendant
2169issue an order for the impoundment or immobilization of a
2170vessel. Within 7 business days after the date that the court
2171issues the order of impoundment, and once again 30 business days
2172before the actual impoundment or immobilization of the vessel,
2173the clerk of the court must send notice by certified mail,
2174return receipt requested, to the registered owner of each
2175vessel, if the registered owner is a person other than the
2176defendant, and to each person of record claiming a lien against
2177the vessel.
2178     (e)  A person who owns but was not operating the vessel
2179when the offense occurred may submit to the court a police
2180report indicating that the vessel was stolen at the time of the
2181offense or documentation of having purchased the vessel after
2182the offense was committed from an entity other than the
2183defendant or the defendant's agent. If the court finds that the
2184vessel was stolen or that the sale was not made to circumvent
2185the order and allow the defendant continued access to the
2186vessel, the order must be dismissed and the owner of the vessel
2187will incur no costs. If the court denies the request to dismiss
2188the order of impoundment or immobilization, the petitioner may
2189request an evidentiary hearing.
2190     (f)  A person who owns but was not operating the vessel
2191when the offense occurred, and whose vessel was stolen or who
2192purchased the vessel after the offense was committed directly
2193from the defendant or the defendant's agent, may request an
2194evidentiary hearing to determine whether the impoundment or
2195immobilization should occur. If the court finds that either the
2196vessel was stolen or the purchase was made without knowledge of
2197the offense, that the purchaser had no relationship to the
2198defendant other than through the transaction, and that such
2199purchase would not circumvent the order and allow the defendant
2200continued access to the vessel, the order must be dismissed and
2201the owner of the vessel will incur no costs.
2202     (g)  All costs and fees for the impoundment or
2203immobilization, including the cost of notification, must be paid
2204by the owner of the vessel or, if the vessel is leased or
2205rented, by the person leasing or renting the vessel, unless the
2206impoundment or immobilization order is dismissed.
2207     (h)  The person who owns a vessel that is impounded or
2208immobilized under this paragraph, or a person who has a lien of
2209record against such a vessel and who has not requested a review
2210of the impoundment pursuant to paragraph (e) or paragraph (f),
2211may, within 10 days after the date that person has knowledge of
2212the location of the vessel, file a complaint in the county in
2213which the owner resides to determine whether the vessel was
2214wrongfully taken or withheld from the owner or lienholder. Upon
2215the filing of a complaint, the owner or lienholder may have the
2216vessel released by posting with the court a bond or other
2217adequate security equal to the amount of the costs and fees for
2218impoundment or immobilization, including towing or storage, to
2219ensure the payment of the costs and fees if the owner or
2220lienholder does not prevail. When the bond is posted and the fee
2221is paid as set forth in s. 28.24, the clerk of the court shall
2222issue a certificate releasing the vessel. At the time of
2223release, after reasonable inspection, the owner or lienholder
2224must give a receipt to the towing or storage company indicating
2225any loss or damage to the vessel or to the contents of the
2226vessel.
2227     (i)  A defendant, in the court's discretion, may be
2228required to serve all or any portion of a term of imprisonment
2229to which the defendant has been sentenced pursuant to this
2230section in a residential alcoholism treatment program or a
2231residential drug abuse treatment program. Any time spent in such
2232a program must be credited by the court toward the term of
2233imprisonment.
2234
2235For the purposes of this section, any conviction for a violation
2236of s. 316.193, a previous conviction for the violation of former
2237s. 316.1931, former s. 860.01, or former s. 316.028, or a
2238previous conviction outside this state for driving under the
2239influence, driving while intoxicated, driving with an unlawful
2240blood-alcohol level, driving with an unlawful breath-alcohol
2241level, or any other similar alcohol-related or drug-related
2242traffic offense, is also considered a previous conviction for
2243violation of this section.
2244     Section 55.  For the purpose of incorporating the amendment
2245made by this act to section 316.193, Florida Statutes, in a
2246reference thereto, subsection (1) of section 337.195, Florida
2247Statutes, is reenacted to read:
2248     337.195  Limits on liability.--
2249     (1)  In a civil action for the death of or injury to a
2250person, or for damage to property, against the Department of
2251Transportation or its agents, consultants, or contractors for
2252work performed on a highway, road, street, bridge, or other
2253transportation facility when the death, injury, or damage
2254resulted from a motor vehicle crash within a construction zone
2255in which the driver of one of the vehicles was under the
2256influence of alcoholic beverages as set forth in s. 316.193,
2257under the influence of any chemical substance as set forth in s.
2258877.111, or illegally under the influence of any substance
2259controlled under chapter 893 to the extent that her or his
2260normal faculties were impaired or that she or he operated a
2261vehicle recklessly as defined in s. 316.192, it is presumed that
2262the driver's operation of the vehicle was the sole proximate
2263cause of her or his own death, injury, or damage. This
2264presumption can be overcome if the gross negligence or
2265intentional misconduct of the Department of Transportation, or
2266of its agents, consultants, or contractors, was a proximate
2267cause of the driver's death, injury, or damage.
2268     Section 56.  For the purpose of incorporating the amendment
2269made by this act to section 316.193, Florida Statutes, in a
2270reference thereto, paragraph (c) of subsection (17) of section
2271440.02, Florida Statutes, is reenacted to read:
2272     440.02  Definitions.--When used in this chapter, unless the
2273context clearly requires otherwise, the following terms shall
2274have the following meanings:
2275     (17)
2276     (c)  "Employment" does not include service performed by or
2277as:
2278     1.  Domestic servants in private homes.
2279     2.  Agricultural labor performed on a farm in the employ of
2280a bona fide farmer, or association of farmers, that employs 5 or
2281fewer regular employees and that employs fewer than 12 other
2282employees at one time for seasonal agricultural labor that is
2283completed in less than 30 days, provided such seasonal
2284employment does not exceed 45 days in the same calendar year.
2285The term "farm" includes stock, dairy, poultry, fruit, fur-
2286bearing animals, fish, and truck farms, ranches, nurseries, and
2287orchards. The term "agricultural labor" includes field foremen,
2288timekeepers, checkers, and other farm labor supervisory
2289personnel.
2290     3.  Professional athletes, such as professional boxers,
2291wrestlers, baseball, football, basketball, hockey, polo, tennis,
2292jai alai, and similar players, and motorsports teams competing
2293in a motor racing event as defined in s. 549.08.
2294     4.  Labor under a sentence of a court to perform community
2295services as provided in s. 316.193.
2296     5.  State prisoners or county inmates, except those
2297performing services for private employers or those enumerated in
2298s. 948.036(1).
2299     Section 57.  For the purpose of incorporating the amendment
2300made by this act to section 316.193, Florida Statutes, in a
2301reference thereto, paragraph (b) of subsection (7) of section
2302440.09, Florida Statutes, is reenacted to read:
2303     440.09  Coverage.--
2304     (7)
2305     (b)  If the employee has, at the time of the injury, a
2306blood alcohol level equal to or greater than the level specified
2307in s. 316.193, or if the employee has a positive confirmation of
2308a drug as defined in this act, it is presumed that the injury
2309was occasioned primarily by the intoxication of, or by the
2310influence of the drug upon, the employee. If the employer has
2311implemented a drug-free workplace, this presumption may be
2312rebutted only by evidence that there is no reasonable hypothesis
2313that the intoxication or drug influence contributed to the
2314injury. In the absence of a drug-free workplace program, this
2315presumption may be rebutted by clear and convincing evidence
2316that the intoxication or influence of the drug did not
2317contribute to the injury. Percent by weight of alcohol in the
2318blood must be based upon grams of alcohol per 100 milliliters of
2319blood. If the results are positive, the testing facility must
2320maintain the specimen for a minimum of 90 days. Blood serum may
2321be used for testing purposes under this chapter; however, if
2322this test is used, the presumptions under this section do not
2323arise unless the blood alcohol level is proved to be medically
2324and scientifically equivalent to or greater than the comparable
2325blood alcohol level that would have been obtained if the test
2326were based on percent by weight of alcohol in the blood.
2327However, if, before the accident, the employer had actual
2328knowledge of and expressly acquiesced in the employee's presence
2329at the workplace while under the influence of such alcohol or
2330drug, the presumptions specified in this subsection do not
2331apply.
2332     Section 58.  For the purpose of incorporating the amendment
2333made by this act to section 316.193, Florida Statutes, in a
2334reference thereto, paragraph (d) of subsection (1) of section
2335493.6106, Florida Statutes, is reenacted to read:
2336     493.6106  License requirements; posting.--
2337     (1)  Each individual licensed by the department must:
2338     (d)  Not be a chronic and habitual user of alcoholic
2339beverages to the extent that her or his normal faculties are
2340impaired; not have been committed under chapter 397, former
2341chapter 396, or a similar law in any other state; not have been
2342found to be a habitual offender under s. 856.011(3) or a similar
2343law in any other state; and not have had two or more convictions
2344under s. 316.193 or a similar law in any other state within the
23453-year period immediately preceding the date the application was
2346filed, unless the individual establishes that she or he is not
2347currently impaired and has successfully completed a
2348rehabilitation course.
2349     Section 59.  For the purpose of incorporating the amendment
2350made by this act to section 316.193, Florida Statutes, in a
2351reference thereto, paragraph (a) of subsection (2) of section
2352627.7275, Florida Statutes, is reenacted to read:
2353     627.7275  Motor vehicle liability.--
2354     (2)(a)  Insurers writing motor vehicle insurance in this
2355state shall make available, subject to the insurers' usual
2356underwriting restrictions:
2357     1.  Coverage under policies as described in subsection (1)
2358to any applicant for private passenger motor vehicle insurance
2359coverage who is seeking the coverage in order to reinstate the
2360applicant's driving privileges in this state when the driving
2361privileges were revoked or suspended pursuant to s. 316.646 or
2362s. 324.0221 due to the failure of the applicant to maintain
2363required security.
2364     2.  Coverage under policies as described in subsection (1),
2365which also provides liability coverage for bodily injury, death,
2366and property damage arising out of the ownership, maintenance,
2367or use of the motor vehicle in an amount not less than the
2368limits described in s. 324.021(7) and conforms to the
2369requirements of s. 324.151, to any applicant for private
2370passenger motor vehicle insurance coverage who is seeking the
2371coverage in order to reinstate the applicant's driving
2372privileges in this state after such privileges were revoked or
2373suspended under s. 316.193 or s. 322.26(2) for driving under the
2374influence.
2375     Section 60.  For the purpose of incorporating the amendment
2376made by this act to section 316.193, Florida Statutes, in a
2377reference thereto, subsection (4) of section 627.758, Florida
2378Statutes, is reenacted to read:
2379     627.758  Surety on auto club traffic arrest bond;
2380conditions, limit; bail bond.--
2381     (4)  Notwithstanding the provisions of s. 626.311 or
2382chapter 648, any surety insurer identified in a guaranteed
2383traffic arrest bond certificate or any licensed general lines
2384agent of the surety insurer may execute a bail bond for the
2385automobile club or association member identified in the
2386guaranteed traffic arrest bond certificate in an amount not in
2387excess of $5,000 for any violation of chapter 316 or any similar
2388traffic law or ordinance except for driving under the influence
2389of alcoholic beverages, chemical substances, or controlled
2390substances, as prohibited by s. 316.193.
2391     Section 61.  For the purpose of incorporating the amendment
2392made by this act to section 316.193, Florida Statutes, in
2393references thereto, paragraph (f) of subsection (2) and
2394paragraph (f) of subsection (10) of section 790.06, Florida
2395Statutes, are reenacted to read:
2396     790.06  License to carry concealed weapon or firearm.--
2397     (2)  The Department of Agriculture and Consumer Services
2398shall issue a license if the applicant:
2399     (f)  Does not chronically and habitually use alcoholic
2400beverages or other substances to the extent that his or her
2401normal faculties are impaired. It shall be presumed that an
2402applicant chronically and habitually uses alcoholic beverages or
2403other substances to the extent that his or her normal faculties
2404are impaired if the applicant has been committed under chapter
2405397 or under the provisions of former chapter 396 or has been
2406convicted under s. 790.151 or has been deemed a habitual
2407offender under s. 856.011(3), or has had two or more convictions
2408under s. 316.193 or similar laws of any other state, within the
24093-year period immediately preceding the date on which the
2410application is submitted;
2411     (10)  A license issued under this section shall be
2412suspended or revoked pursuant to chapter 120 if the licensee:
2413     (f)  Is convicted of a second violation of s. 316.193, or a
2414similar law of another state, within 3 years of a previous
2415conviction of such section, or similar law of another state,
2416even though the first violation may have occurred prior to the
2417date on which the application was submitted;
2418     Section 62.  For the purpose of incorporating the amendment
2419made by this act to section 316.193, Florida Statutes, in a
2420reference thereto, subsection (2) of section 903.36, Florida
2421Statutes, is reenacted to read:
2422     903.36  Guaranteed arrest bond certificates as cash bail.--
2423     (2)  The execution of a bail bond by a licensed general
2424lines agent of a surety insurer for the automobile club or
2425association member identified in the guaranteed traffic arrest
2426bond certificate, as provided in s. 627.758(4), shall be
2427accepted as bail in an amount not to exceed $5,000 for the
2428appearance of the person named in the certificate in any court
2429to answer for the violation of a provision of chapter 316 or a
2430similar traffic law or ordinance, except driving under the
2431influence of alcoholic beverages, chemical substances, or
2432controlled substances, as prohibited by s. 316.193. Presentation
2433of the guaranteed traffic arrest bond certificate and a power of
2434attorney from the surety insurer for its licensed general lines
2435agents is authorization for such agent to execute the bail bond.
2436     Section 63.  For the purpose of incorporating the amendment
2437made by this act to section 316.193, Florida Statutes, in
2438references thereto, paragraph (c) of subsection (4) of section
2439907.041, Florida Statutes, is reenacted to read:
2440     907.041  Pretrial detention and release.--
2441     (4)  PRETRIAL DETENTION.--
2442     (c)  The court may order pretrial detention if it finds a
2443substantial probability, based on a defendant's past and present
2444patterns of behavior, the criteria in s. 903.046, and any other
2445relevant facts, that any of the following circumstances exists:
2446     1.  The defendant has previously violated conditions of
2447release and that no further conditions of release are reasonably
2448likely to assure the defendant's appearance at subsequent
2449proceedings;
2450     2.  The defendant, with the intent to obstruct the judicial
2451process, has threatened, intimidated, or injured any victim,
2452potential witness, juror, or judicial officer, or has attempted
2453or conspired to do so, and that no condition of release will
2454reasonably prevent the obstruction of the judicial process;
2455     3.  The defendant is charged with trafficking in controlled
2456substances as defined by s. 893.135, that there is a substantial
2457probability that the defendant has committed the offense, and
2458that no conditions of release will reasonably assure the
2459defendant's appearance at subsequent criminal proceedings; or
2460     4.  The defendant is charged with DUI manslaughter, as
2461defined by s. 316.193, and that there is a substantial
2462probability that the defendant committed the crime and that the
2463defendant poses a threat of harm to the community; conditions
2464that would support a finding by the court pursuant to this
2465subparagraph that the defendant poses a threat of harm to the
2466community include, but are not limited to, any of the following:
2467     a.  The defendant has previously been convicted of any
2468crime under s. 316.193, or of any crime in any other state or
2469territory of the United States that is substantially similar to
2470any crime under s. 316.193;
2471     b.  The defendant was driving with a suspended driver's
2472license when the charged crime was committed; or
2473     c.  The defendant has previously been found guilty of, or
2474has had adjudication of guilt withheld for, driving while the
2475defendant's driver's license was suspended or revoked in
2476violation of s. 322.34;
2477     5.  The defendant poses the threat of harm to the
2478community. The court may so conclude, if it finds that the
2479defendant is presently charged with a dangerous crime, that
2480there is a substantial probability that the defendant committed
2481such crime, that the factual circumstances of the crime indicate
2482a disregard for the safety of the community, and that there are
2483no conditions of release reasonably sufficient to protect the
2484community from the risk of physical harm to persons.
2485     6.  The defendant was on probation, parole, or other
2486release pending completion of sentence or on pretrial release
2487for a dangerous crime at the time the current offense was
2488committed; or
2489     7.  The defendant has violated one or more conditions of
2490pretrial release or bond for the offense currently before the
2491court and the violation, in the discretion of the court,
2492supports a finding that no conditions of release can reasonably
2493protect the community from risk of physical harm to persons or
2494assure the presence of the accused at trial.
2495     Section 64.  Except as otherwise expressly provided in this
2496act, this act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.
Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader