November 27, 2020
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_h1399c1
CS/HB 1399

1
A bill to be entitled
2An act relating to the Department of Transportation;
3amending s. 163.3177, F.S.; revising requirements for
4comprehensive plans; providing for airports, land adjacent
5to airports, and certain interlocal agreements relating
6thereto in certain elements of the plan; amending s.
7163.3182, F.S., relating to transportation concurrency
8backlog authorities; providing legislative findings and
9declarations; expanding the power of authorities to borrow
10money to include issuing certain debt obligations;
11providing a maximum maturity date for certain debt
12incurred to finance or refinance certain transportation
13concurrency backlog projects; authorizing authorities to
14continue operations and administer certain trust funds for
15the period of the remaining outstanding debt; requiring
16local transportation concurrency backlog trust funds to
17continue to be funded for certain purposes; providing for
18increased ad valorem tax increment funding for such trust
19funds under certain circumstances; revising provisions for
20dissolution of an authority; amending s. 287.055, F.S.;
21conforming a cross-reference; amending s. 316.0741, F.S.;
22redefining the term "hybrid vehicle"; authorizing the
23driving of a hybrid, low-emission, or energy-efficient
24vehicle in a high-occupancy-vehicle lane regardless of
25occupancy; requiring certain vehicles to comply with
26specified federal standards to be driven in an HOV lane
27regardless of occupancy; revising provisions for issuance
28of a decal and certificate; providing for the Department
29of Highway Safety and Motor Vehicles to limit or
30discontinue issuance of decals for the use of HOV
31facilities by hybrid and low-emission and energy-efficient
32vehicles under certain circumstances; directing the
33department to review a specified federal rule and make a
34report to the Legislature; exempting certain vehicles from
35the payment of certain tolls; amending s. 316.193, F.S.;
36revising the prohibition against driving under the
37influence of alcohol; revising the blood-alcohol or
38breath-alcohol level at which certain penalties apply;
39amending s. 316.2397, F.S.; allowing county correctional
40agencies to use blue lights on vehicles when responding to
41emergencies; amending s. 316.302, F.S.; revising
42references to rules, regulations, and criteria governing
43commercial motor vehicles engaged in intrastate commerce;
44providing that the department performs duties assigned to
45the Field Administrator of the Federal Motor Carrier
46Safety Administration under the federal rules and may
47enforce those rules; amending s. 316.515, F.S.; revising
48restrictions on use of certain agriculture-related
49vehicles; providing for exemptions from specified width
50and height limitations for certain farming or agricultural
51equipment; providing conditions for use of such equipment;
52authorizing certain movements without a department
53overwidth permit; providing lighting and signage
54requirements for certain overwidth equipment; amending ss.
55316.613 and 316.614, F.S.; revising the definition of
56"motor vehicle" for purposes of child restraint and safety
57belt usage requirements; amending s. 316.656, F.S.;
58revising the prohibition against a judge accepting a plea
59to a lesser offense from a person charged under certain
60DUI provisions; revising the blood-alcohol or breath-
61alcohol level at which the prohibition applies; amending
62s. 320.02, F.S.; removing mopeds from the motorcycle
63endorsement requirements for registration; amending s.
64322.64, F.S.; providing that refusal to submit to a
65breath, urine, or blood test disqualifies a person from
66operating a commercial motor vehicle; providing a period
67of disqualification if a person has an unlawful blood-
68alcohol or breath-alcohol level; providing for issuance of
69a notice of disqualification; revising the requirements
70for a formal review hearing following a person's
71disqualification from operating a commercial motor
72vehicle; amending s. 334.044, F.S.; revising powers and
73duties of the department; requiring the department to
74maintain certain training programs; authorizing such
75programs to provide for incremental increases to base
76salary for employees successfully completing training
77phases; amending s. 336.41, F.S.; removing a provision
78authorizing a county to use its own resources for
79constructing and opening new roads and bridges; requiring
80the governing body of a county or municipality to
81competitively award to a private-sector contractor all
82construction and reconstruction or repair of roads and
83bridges; authorizing a county or municipality to use its
84own forces for certain projects; providing restrictions
85and limitations; providing for the purchase of materials
86for such projects; providing that a county or municipality
87is exempt from a certain restriction with regard to paving
88dirt roads; defining the term "competitively award";
89providing that a county, municipality, or special district
90may not own or operate an asphalt plant or a portable or
91stationary concrete batch plant having an independent
92mixer; revising requirements regarding contracting for
93certain county road and bridge projects; authorizing a
94municipality to require that persons interested in
95performing work under the contract first be certified or
96qualified to do the work when the contract amount exceeds
97a certain threshold; providing that a contractor may be
98considered ineligible to bid by the municipality if the
99contractor is behind an approved progress schedule by more
100than a certain amount on another project for that
101municipality at the time of the advertisement of the work
102requiring prequalification; authorizing an appeal process;
103requiring that prequalification criteria and procedures be
104published before advertisement or notice of solicitation;
105requiring notice of a public hearing for comment on such
106criteria and procedures before adoption; requiring that
107the procedures provide for an appeal process for
108objections to the prequalification process; requiring the
109municipality to publish for comment, before adoption, the
110selection criteria and procedures to be used if such
111procedures would allow selection of other than the lowest
112responsible bidder; requiring that the selection criteria
113include an appeal process; amending s. 336.44, F.S.;
114conforming a cross-reference; amending s. 337.0261, F.S.;
115providing legislative intent; revising the sunset date for
116the Strategic Aggregate Review Task Force; providing for
117an assessment of aggregate construction materials in the
118state; providing duties of the Department of
119Transportation, the Department of Environmental
120Protection, the Department of Community Affairs, and the
121Florida Geological Survey; providing for measures of the
122assessment; directing the Strategic Aggregate Review Task
123Force to prepare findings and make reports to the
124Governor, the Legislature, and the department; authorizing
125the department to adopt rules; providing an appropriation;
126amending s. 337.11, F.S.; providing for the department to
127pay a portion of certain proposal development costs;
128requiring the department to advertise certain contracts as
129design-build contracts; directing the department to adopt
130rules for certain procedures; amending ss. 337.14 and
131337.16, F.S.; conforming cross-references; amending s.
132337.18, F.S.; requiring the contractor to maintain a copy
133of the required payment and performance bond at certain
134locations and provide a copy upon request; providing that
135a copy may be obtained directly from the department;
136removing a provision requiring a copy be recorded in the
137public records of the county; removing a provision for a
138claimant's right of action against a the contractor and
139surety; amending s. 337.185, F.S.; providing for the State
140Arbitration Board to arbitrate certain claims relating to
141maintenance contracts; providing for a member of the board
142to be elected by maintenance companies as well as
143construction companies; amending s. 337.403, F.S.;
144requiring the department or local governmental entity to
145pay the cost of relocation of a utility that is found to
146be interfering with the use, maintenance, improvement,
147extension, or expansion of a public road or publicly owned
148rail corridor if the facility serves the department or
149governmental entity exclusively; providing for the
150department to incur the costs of relocation underground of
151certain electric facilities; amending s. 337.408, F.S.;
152providing for public pay telephones and advertising
153thereon to be installed within the right-of-way limits of
154any municipal, county, or state road; amending s. 338.01,
155F.S.; requiring new and replacement electronic toll
156collection systems to be interoperable with the
157department's system; amending s. 338.165, F.S.; revising
158provisions for use of certain toll revenue; amending s.
159338.2216, F.S.; directing the Florida Turnpike Enterprise
160to implement new technologies and processes in its
161operations and collection of tolls and other amounts;
162providing contract bid requirements for fuel and food on
163the turnpike system; amending s. 338.223, F.S.; conforming
164a cross-reference; amending s. 338.231, F.S.; revising
165provisions for establishing and collecting tolls;
166authorizing collection of amounts to cover costs of toll
167collection and payment methods; requiring public notice
168and hearing; amending s. 339.12, F.S.; revising
169requirements for aid and contributions by governmental
170entities for transportation projects; revising limits
171under which the department may enter into an agreement
172with a county for a project or project phase not in the
173adopted work program; authorizing the department to enter
174into certain long-term repayment agreements; amending s.
175339.135, F.S.; revising the department's authority to
176amend the adopted work program; providing for a
177notification and review process for certain work program
178amendments; amending s. 339.155, F.S.; revising provisions
179for development of the Florida Transportation Plan;
180amending s. 339.2816, F.S., relating to the small county
181road assistance program; providing for resumption of
182certain funding for the program; revising the criteria for
183counties eligible to participate in the program; amending
184ss. 339.2819 and 339.285, F.S.; conforming cross-
185references; amending s. 341.301, F.S.; providing
186definitions relating to commuter rail service, rail
187corridors, and railroad operation for purposes of the rail
188program within the department; amending s. 341.302, F.S.;
189authorizing the department to assume certain liability on
190a rail corridor; authorizing the department to indemnify
191and hold harmless a railroad company when the department
192acquires a rail corridor from the company; providing
193allocation of risk; providing a specific cap on the amount
194of the contractual duty for such indemnification;
195authorizing the department to purchase and provide
196insurance in relation to rail corridors; authorizing
197marketing and promotional expenses; extending provisions
198to other governmental entities providing commuter rail
199service on public right-of-way; creating s. 341.3023,
200F.S.; requiring the department to review and study
201commuter rail programs and intercity rail transportation
202systems; requiring a report to the Governor and the
203Legislature; repealing part III of ch. 343 F.S.;
204abolishing the Tampa Bay Commuter Transit Authority;
205amending s. 348.0003, F.S.; providing for financial
206disclosure for expressway, transportation, bridge, and
207toll authorities; amending s. 348.0004, F.S.; providing
208for certain expressway authorities to index toll rate
209increases; amending s. 479.01, F.S.; revising provisions
210for outdoor advertising; revising the definition of the
211term "automatic changeable facing"; amending s. 479.07,
212F.S.; revising a prohibition against signs on the State
213Highway System; revising requirements for display of the
214sign permit tag; directing the department to establish by
215rule a fee for furnishing a replacement permit tag;
216amending s. 479.08, F.S.; revising provisions for denial
217or revocation of a sign permit; amending s. 479.11, F.S.;
218revising a prohibition against certain signs located
219outside an urban area; amending s. 479.261, F.S.; revising
220provisions for the logo sign program; revising
221requirements for businesses to participate in the program;
222authorizing the department to adopt rules for removing and
223adding businesses on a rotating basis; removing a
224provision for an application fee; revising the provisions
225for an annual permit fee; providing for rules to phase in
226the fee; amending s. 768.28, F.S.; expanding the list of
227entities considered agents of the state; providing for
228construction in relation to certain federal laws;
229requiring the department to conduct a study of
230transportation alternatives for the Interstate 95
231corridor; requiring a report to the Governor and the
232Legislature; transferring the Office of Motor Carrier
233Compliance to the Division of the Florida Highway Patrol
234of the Department of Highway Safety and Motor Vehicles;
235providing for assistance to certain legislative
236substantive committees by the Division of Statutory
237Revision of the Office of Legislative Services for certain
238purposes; reenacting ss. 316.066(3)(a), 316.072(4)(b),
239316.1932(3), 316.1933(4), 316.1937(1) and (2)(d),
240316.1939(1)(b), 316.656(1), 318.143(4) and (5), 318.17(3),
241320.055(1)(c), 322.03(2), 322.0602(2)(a), 322.21(8),
242322.25(5), 322.26(1)(a), 322.2615(14)(a) and (16),
243322.2616(15) and (19), 322.264(1)(b), 322.271(2)(a), (c)
244and (4), 322.2715(2), (3)(a), (c), and (4), 322.28(2),
245322.282(2)(a), 322.291(1)(a), 322.34(9)(a), 322.62(3),
246322.63(2)(d) and (6), 322.64(1), (2), (7)(a), (8)(b),
247(14), and (15), 323.001(4)(f), 324.023, 324.131,
248327.35(6), 337.195(1), 440.02(17)(c), 440.09(7)(b),
249493.6106(1)(d), 627.7275(2)(a), 627.758(4), 790.06(2)(f)
250and (10)(f), 903.36(2), and 907.041(4)(c), F.S., relating
251to written reports of crashes, obedience to and effect of
252traffic laws, tests for alcohol, chemical substances, or
253controlled substances, implied consent, refusal, blood
254test for impairment or intoxication in cases of death or
255serious bodily injury, right to use reasonable force,
256ignition interlock devices, requiring, unlawful acts,
257refusal to submit to testing, penalties, mandatory
258adjudication, prohibition against accepting plea to lesser
259included offense, sanctions for infractions by minors,
260offenses excepted, registration periods, renewal periods,
261drivers must be licensed, penalties, youthful drunk driver
262visitation program, license fees, procedure for handling
263and collecting fees, when court to forward license to
264department and report convictions, temporary reinstatement
265of driving privileges, mandatory revocation of license by
266department, suspension of license, right to review,
267suspension of license, persons under 21 years of age,
268right to review, "habitual traffic offender" defined,
269authority to modify revocation, cancellation, or
270suspension order, ignition interlock device, period of
271suspension or revocation, procedure when court revokes or
272suspends license or driving privilege and orders
273reinstatement, driver improvement schools or dui programs,
274required in certain suspension and revocation cases,
275driving while license suspended, revoked, canceled, or
276disqualified, driving under the influence, commercial
277motor vehicle operators, alcohol or drug testing,
278commercial motor vehicle operators, holder of commercial
279driver's license, driving with unlawful blood-alcohol
280level, refusal to submit to breath, urine, or blood test,
281wrecker operator storage facilities, vehicle holds,
282financial responsibility for bodily injury or death,
283period of suspension, boating under the influence,
284penalties, "designated drivers," limits on liability,
285definitions, coverage, license requirements, posting,
286motor vehicle liability, surety on auto club traffic
287arrest bond, conditions, limit, bail bond, license to
288carry concealed weapon or firearm, guaranteed arrest bond
289certificates as cash bail, and pretrial detention and
290release, to incorporate references in changes made by the
291act; providing effective dates.
292
293Be It Enacted by the Legislature of the State of Florida:
294
295     Section 1.  Paragraphs (a), (h), and (j) of subsection (6)
296of section 163.3177, Florida Statutes, are amended to read:
297     163.3177  Required and optional elements of comprehensive
298plan; studies and surveys.--
299     (6)  In addition to the requirements of subsections (1)-(5)
300and (12), the comprehensive plan shall include the following
301elements:
302     (a)  A future land use plan element designating proposed
303future general distribution, location, and extent of the uses of
304land for residential uses, commercial uses, industry,
305agriculture, recreation, conservation, education, public
306buildings and grounds, other public facilities, and other
307categories of the public and private uses of land. Counties are
308encouraged to designate rural land stewardship areas, pursuant
309to the provisions of paragraph (11)(d), as overlays on the
310future land use map. Each future land use category must be
311defined in terms of uses included, and must include standards to
312be followed in the control and distribution of population
313densities and building and structure intensities. The proposed
314distribution, location, and extent of the various categories of
315land use shall be shown on a land use map or map series which
316shall be supplemented by goals, policies, and measurable
317objectives. The future land use plan shall be based upon
318surveys, studies, and data regarding the area, including the
319amount of land required to accommodate anticipated growth; the
320projected population of the area; the character of undeveloped
321land; the availability of water supplies, public facilities, and
322services; the need for redevelopment, including the renewal of
323blighted areas and the elimination of nonconforming uses which
324are inconsistent with the character of the community; the
325compatibility of uses on lands adjacent to or closely proximate
326to military installations; lands adjacent to an airport as
327defined in s. 330.35 and consistent with provisions in s.
328333.02; and, in rural communities, the need for job creation,
329capital investment, and economic development that will
330strengthen and diversify the community's economy. The future
331land use plan may designate areas for future planned development
332use involving combinations of types of uses for which special
333regulations may be necessary to ensure development in accord
334with the principles and standards of the comprehensive plan and
335this act. The future land use plan element shall include
336criteria to be used to achieve the compatibility of adjacent or
337closely proximate lands with military installations; lands
338adjacent to an airport as defined in s. 330.35 and consistent
339with provisions in s. 333.02. In addition, for rural
340communities, the amount of land designated for future planned
341industrial use shall be based upon surveys and studies that
342reflect the need for job creation, capital investment, and the
343necessity to strengthen and diversify the local economies, and
344shall not be limited solely by the projected population of the
345rural community. The future land use plan of a county may also
346designate areas for possible future municipal incorporation. The
347land use maps or map series shall generally identify and depict
348historic district boundaries and shall designate historically
349significant properties meriting protection. For coastal
350counties, the future land use element must include, without
351limitation, regulatory incentives and criteria that encourage
352the preservation of recreational and commercial working
353waterfronts as defined in s. 342.07. The future land use element
354must clearly identify the land use categories in which public
355schools are an allowable use. When delineating the land use
356categories in which public schools are an allowable use, a local
357government shall include in the categories sufficient land
358proximate to residential development to meet the projected needs
359for schools in coordination with public school boards and may
360establish differing criteria for schools of different type or
361size. Each local government shall include lands contiguous to
362existing school sites, to the maximum extent possible, within
363the land use categories in which public schools are an allowable
364use. The failure by a local government to comply with these
365school siting requirements will result in the prohibition of the
366local government's ability to amend the local comprehensive
367plan, except for plan amendments described in s. 163.3187(1)(b),
368until the school siting requirements are met. Amendments
369proposed by a local government for purposes of identifying the
370land use categories in which public schools are an allowable use
371are exempt from the limitation on the frequency of plan
372amendments contained in s. 163.3187. The future land use element
373shall include criteria that encourage the location of schools
374proximate to urban residential areas to the extent possible and
375shall require that the local government seek to collocate public
376facilities, such as parks, libraries, and community centers,
377with schools to the extent possible and to encourage the use of
378elementary schools as focal points for neighborhoods. For
379schools serving predominantly rural counties, defined as a
380county with a population of 100,000 or fewer, an agricultural
381land use category shall be eligible for the location of public
382school facilities if the local comprehensive plan contains
383school siting criteria and the location is consistent with such
384criteria. Local governments required to update or amend their
385comprehensive plan to include criteria and address compatibility
386of lands adjacent to an airport as defined in s. 330.35 and
387consistent with provisions in s. 333.02 adjacent or closely
388proximate lands with existing military installations in their
389future land use plan element shall transmit the update or
390amendment to the state land planning agency department by June
39130, 2010 2006.
392     (h)1.  An intergovernmental coordination element showing
393relationships and stating principles and guidelines to be used
394in the accomplishment of coordination of the adopted
395comprehensive plan with the plans of school boards, regional
396water supply authorities, and other units of local government
397providing services but not having regulatory authority over the
398use of land, with the comprehensive plans of adjacent
399municipalities, the county, adjacent counties, or the region,
400with the state comprehensive plan and with the applicable
401regional water supply plan approved pursuant to s. 373.0361, as
402the case may require and as such adopted plans or plans in
403preparation may exist. This element of the local comprehensive
404plan shall demonstrate consideration of the particular effects
405of the local plan, when adopted, upon the development of
406adjacent municipalities, the county, adjacent counties, or the
407region, or upon the state comprehensive plan, as the case may
408require.
409     a.  The intergovernmental coordination element shall
410provide for procedures to identify and implement joint planning
411areas, especially for the purpose of annexation, municipal
412incorporation, and joint infrastructure service areas.
413     b.  The intergovernmental coordination element shall
414provide for recognition of campus master plans prepared pursuant
415to s. 1013.30, and airport master plans pursuant to paragraph
416(k).
417     c.  The intergovernmental coordination element may provide
418for a voluntary dispute resolution process as established
419pursuant to s. 186.509 for bringing to closure in a timely
420manner intergovernmental disputes. A local government may
421develop and use an alternative local dispute resolution process
422for this purpose.
423     d.  The intergovernmental coordination element shall
424provide for interlocal agreements, as established pursuant to s.
425333.03(1)(b).
426     2.  The intergovernmental coordination element shall
427further state principles and guidelines to be used in the
428accomplishment of coordination of the adopted comprehensive plan
429with the plans of school boards and other units of local
430government providing facilities and services but not having
431regulatory authority over the use of land. In addition, the
432intergovernmental coordination element shall describe joint
433processes for collaborative planning and decisionmaking on
434population projections and public school siting, the location
435and extension of public facilities subject to concurrency, and
436siting facilities with countywide significance, including
437locally unwanted land uses whose nature and identity are
438established in an agreement. Within 1 year of adopting their
439intergovernmental coordination elements, each county, all the
440municipalities within that county, the district school board,
441and any unit of local government service providers in that
442county shall establish by interlocal or other formal agreement
443executed by all affected entities, the joint processes described
444in this subparagraph consistent with their adopted
445intergovernmental coordination elements.
446     3.  To foster coordination between special districts and
447local general-purpose governments as local general-purpose
448governments implement local comprehensive plans, each
449independent special district must submit a public facilities
450report to the appropriate local government as required by s.
451189.415.
452     4.a.  Local governments must execute an interlocal
453agreement with the district school board, the county, and
454nonexempt municipalities pursuant to s. 163.31777. The local
455government shall amend the intergovernmental coordination
456element to provide that coordination between the local
457government and school board is pursuant to the agreement and
458shall state the obligations of the local government under the
459agreement.
460     b.  Plan amendments that comply with this subparagraph are
461exempt from the provisions of s. 163.3187(1).
462     5.  The state land planning agency shall establish a
463schedule for phased completion and transmittal of plan
464amendments to implement subparagraphs 1., 2., and 3. from all
465jurisdictions so as to accomplish their adoption by December 31,
4661999. A local government may complete and transmit its plan
467amendments to carry out these provisions prior to the scheduled
468date established by the state land planning agency. The plan
469amendments are exempt from the provisions of s. 163.3187(1).
470     6.  By January 1, 2004, any county having a population
471greater than 100,000, and the municipalities and special
472districts within that county, shall submit a report to the
473Department of Community Affairs which:
474     a.  Identifies all existing or proposed interlocal service
475delivery agreements regarding the following: education; sanitary
476sewer; public safety; solid waste; drainage; potable water;
477parks and recreation; and transportation facilities.
478     b.  Identifies any deficits or duplication in the provision
479of services within its jurisdiction, whether capital or
480operational. Upon request, the Department of Community Affairs
481shall provide technical assistance to the local governments in
482identifying deficits or duplication.
483     7.  Within 6 months after submission of the report, the
484Department of Community Affairs shall, through the appropriate
485regional planning council, coordinate a meeting of all local
486governments within the regional planning area to discuss the
487reports and potential strategies to remedy any identified
488deficiencies or duplications.
489     8.  Each local government shall update its
490intergovernmental coordination element based upon the findings
491in the report submitted pursuant to subparagraph 6. The report
492may be used as supporting data and analysis for the
493intergovernmental coordination element.
494     (j)  For each unit of local government within an urbanized
495area designated for purposes of s. 339.175, a transportation
496element, which shall be prepared and adopted in lieu of the
497requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
498and (d) and which shall address the following issues:
499     1.  Traffic circulation, including major thoroughfares and
500other routes, including bicycle and pedestrian ways.
501     2.  All alternative modes of travel, such as public
502transportation, pedestrian, and bicycle travel.
503     3.  Parking facilities.
504     4.  Aviation, rail, seaport facilities, access to those
505facilities, and intermodal terminals.
506     5.  The availability of facilities and services to serve
507existing land uses and the compatibility between future land use
508and transportation elements.
509     6.  The capability to evacuate the coastal population prior
510to an impending natural disaster.
511     7.  Airports, projected airport and aviation development,
512and land use compatibility around airports that includes areas
513defined in s. 333.01 and s. 333.02.
514     8.  An identification of land use densities, building
515intensities, and transportation management programs to promote
516public transportation systems in designated public
517transportation corridors so as to encourage population densities
518sufficient to support such systems.
519     9.  May include transportation corridors, as defined in s.
520334.03, intended for future transportation facilities designated
521pursuant to s. 337.273. If transportation corridors are
522designated, the local government may adopt a transportation
523corridor management ordinance.
524     Section 2.  Paragraph (c) is added to subsection (2) of
525section 163.3182, Florida Statutes, and paragraph (d) of
526subsection (3), paragraph (a) of subsection (4), and subsections
527(5) and (8) of that section are amended, to read:
528     163.3182  Transportation concurrency backlogs.--
529     (2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
530AUTHORITIES.--
531     (c)  The Legislature finds and declares that there exists
532in many counties and municipalities areas with significant
533transportation deficiencies and inadequate transportation
534facilities; that many such insufficiencies and inadequacies
535severely limit or prohibit the satisfaction of transportation
536concurrency standards; that such transportation insufficiencies
537and inadequacies affect the health, safety, and welfare of the
538residents of such counties and municipalities; that such
539transportation insufficiencies and inadequacies adversely affect
540economic development and growth of the tax base for the areas in
541which such insufficiencies and inadequacies exist; and that the
542elimination of transportation deficiencies and inadequacies and
543the satisfaction of transportation concurrency standards are
544paramount public purposes for the state and its counties and
545municipalities.
546     (3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
547AUTHORITY.--Each transportation concurrency backlog authority
548has the powers necessary or convenient to carry out the purposes
549of this section, including the following powers in addition to
550others granted in this section:
551     (d)  To borrow money, including, but not limited to,
552issuing debt obligations, such as, but not limited to, bonds,
553notes, certificates, and similar debt instruments; to apply for
554and accept advances, loans, grants, contributions, and any other
555forms of financial assistance from the Federal Government or the
556state, county, or any other public body or from any sources,
557public or private, for the purposes of this part; to give such
558security as may be required; to enter into and carry out
559contracts or agreements; and to include in any contracts for
560financial assistance with the Federal Government for or with
561respect to a transportation concurrency backlog project and
562related activities such conditions imposed pursuant to federal
563laws as the transportation concurrency backlog authority
564considers reasonable and appropriate and which are not
565inconsistent with the purposes of this section.
566     (4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
567     (a)  Each transportation concurrency backlog authority
568shall adopt a transportation concurrency backlog plan as a part
569of the local government comprehensive plan within 6 months after
570the creation of the authority. The plan shall:
571     1.  Identify all transportation facilities that have been
572designated as deficient and require the expenditure of moneys to
573upgrade, modify, or mitigate the deficiency.
574     2.  Include a priority listing of all transportation
575facilities that have been designated as deficient and do not
576satisfy concurrency requirements pursuant to s. 163.3180, and
577the applicable local government comprehensive plan.
578     3.  Establish a schedule for financing and construction of
579transportation concurrency backlog projects that will eliminate
580transportation concurrency backlogs within the jurisdiction of
581the authority within 10 years after the transportation
582concurrency backlog plan adoption. The schedule shall be adopted
583as part of the local government comprehensive plan.
584Notwithstanding such schedule requirements, as long as the
585schedule provides for the elimination of all transportation
586concurrency backlogs within 10 years after the adoption of the
587concurrency backlog plan, the final maturity date of any debt
588incurred to finance or refinance the related projects may be no
589later than 40 years after the date such debt is incurred and the
590authority may continue operations and administer the trust fund
591established as provided in subsection (5) for as long as such
592debt remains outstanding.
593     (5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
594concurrency backlog authority shall establish a local
595transportation concurrency backlog trust fund upon creation of
596the authority. Each local trust fund shall be administered by
597the transportation concurrency backlog authority within which a
598transportation concurrency backlog has been identified. Each
599local trust fund shall continue to be funded pursuant to this
600section for as long as the projects set forth in the related
601transportation concurrency backlog plan remain to be completed
602or until any debt incurred to finance or refinance the related
603projects are no longer outstanding, whichever occurs later.
604Beginning in the first fiscal year after the creation of the
605authority, each local trust fund shall be funded by the proceeds
606of an ad valorem tax increment collected within each
607transportation concurrency backlog area to be determined
608annually and shall be a minimum of 25 percent of the difference
609between the amounts set forth in paragraphs (a) and (b), except
610that if all of the affected taxing authorities agree pursuant to
611an interlocal agreement, a particular local trust fund may be
612funded by the proceeds of an ad valorem tax increment greater
613than 25 percent of the difference between the amounts set forth
614in paragraphs (a) and (b):
615     (a)  The amount of ad valorem tax levied each year by each
616taxing authority, exclusive of any amount from any debt service
617millage, on taxable real property contained within the
618jurisdiction of the transportation concurrency backlog authority
619and within the transportation backlog area; and
620     (b)  The amount of ad valorem taxes which would have been
621produced by the rate upon which the tax is levied each year by
622or for each taxing authority, exclusive of any debt service
623millage, upon the total of the assessed value of the taxable
624real property within the transportation concurrency backlog area
625as shown on the most recent assessment roll used in connection
626with the taxation of such property of each taxing authority
627prior to the effective date of the ordinance funding the trust
628fund.
629     (8)  DISSOLUTION.--Upon completion of all transportation
630concurrency backlog projects and repayment or defeasance of all
631debt issued to finance or refinance such projects, a
632transportation concurrency backlog authority shall be dissolved,
633and its assets and liabilities shall be transferred to the
634county or municipality within which the authority is located.
635All remaining assets of the authority must be used for
636implementation of transportation projects within the
637jurisdiction of the authority. The local government
638comprehensive plan shall be amended to remove the transportation
639concurrency backlog plan.
640     Section 3.  Paragraph (c) of subsection (9) of section
641287.055, Florida Statutes, is amended to read:
642     287.055  Acquisition of professional architectural,
643engineering, landscape architectural, or surveying and mapping
644services; definitions; procedures; contingent fees prohibited;
645penalties.--
646     (9)  APPLICABILITY TO DESIGN-BUILD CONTRACTS.--
647     (c)  Except as otherwise provided in s. 337.11(8)(7), the
648Department of Management Services shall adopt rules for the
649award of design-build contracts to be followed by state
650agencies. Each other agency must adopt rules or ordinances for
651the award of design-build contracts. Municipalities, political
652subdivisions, school districts, and school boards shall award
653design-build contracts by the use of a competitive proposal
654selection process as described in this subsection, or by the use
655of a qualifications-based selection process pursuant to
656subsections (3), (4), and (5) for entering into a contract
657whereby the selected firm will, subsequent to competitive
658negotiations, establish a guaranteed maximum price and
659guaranteed completion date. If the procuring agency elects the
660option of qualifications-based selection, during the selection
661of the design-build firm the procuring agency shall employ or
662retain a licensed design professional appropriate to the project
663to serve as the agency's representative. Procedures for the use
664of a competitive proposal selection process must include as a
665minimum the following:
666     1.  The preparation of a design criteria package for the
667design and construction of the public construction project.
668     2.  The qualification and selection of no fewer than three
669design-build firms as the most qualified, based on the
670qualifications, availability, and past work of the firms,
671including the partners or members thereof.
672     3.  The criteria, procedures, and standards for the
673evaluation of design-build contract proposals or bids, based on
674price, technical, and design aspects of the public construction
675project, weighted for the project.
676     4.  The solicitation of competitive proposals, pursuant to
677a design criteria package, from those qualified design-build
678firms and the evaluation of the responses or bids submitted by
679those firms based on the evaluation criteria and procedures
680established prior to the solicitation of competitive proposals.
681     5.  For consultation with the employed or retained design
682criteria professional concerning the evaluation of the responses
683or bids submitted by the design-build firms, the supervision or
684approval by the agency of the detailed working drawings of the
685project; and for evaluation of the compliance of the project
686construction with the design criteria package by the design
687criteria professional.
688     6.  In the case of public emergencies, for the agency head
689to declare an emergency and authorize negotiations with the best
690qualified design-build firm available at that time.
691     Section 4.  Section 316.0741, Florida Statutes, is amended
692to read:
693     316.0741  High-occupancy-vehicle High occupancy vehicle
694lanes.--
695     (1)  As used in this section, the term:
696     (a)  "High-occupancy-vehicle High occupancy vehicle lane"
697or "HOV lane" means a lane of a public roadway designated for
698use by vehicles in which there is more than one occupant unless
699otherwise authorized by federal law.
700     (b)  "Hybrid vehicle" means a motor vehicle:
701     1.  That draws propulsion energy from onboard sources of
702stored energy which are both an internal combustion or heat
703engine using combustible fuel and a rechargeable energy-storage
704system; and
705     2.  That, in the case of a passenger automobile or light
706truck, has received a certificate of conformity under the Clean
707Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
708equivalent qualifying California standards for a low-emission
709vehicle.
710     (2)  The number of persons that must be in a vehicle to
711qualify for legal use of the HOV lane and the hours during which
712the lane will serve as an HOV lane, if it is not designated as
713such on a full-time basis, must also be indicated on a traffic
714control device.
715     (3)  Except as provided in subsection (4), a vehicle may
716not be driven in an HOV lane if the vehicle is occupied by fewer
717than the number of occupants indicated by a traffic control
718device. A driver who violates this section shall be cited for a
719moving violation, punishable as provided in chapter 318.
720     (4)(a)  Notwithstanding any other provision of this
721section, an inherently low-emission vehicle (ILEV) that is
722certified and labeled in accordance with federal regulations may
723be driven in an HOV lane at any time, regardless of its
724occupancy. In addition, upon the state's receipt of written
725notice from the proper federal regulatory agency authorizing
726such use, a vehicle defined as a hybrid vehicle under this
727section may be driven in an HOV lane at any time, regardless of
728its occupancy.
729     (b)  All eligible hybrid and all eligible other low-
730emission and energy-efficient vehicles driven in an HOV lane
731must comply with the minimum fuel economy standards in 23 U.S.C.
732s. 166(f)(3)(B).
733     (c)  Upon issuance of the applicable Environmental
734Protection Agency final rule pursuant to 23 U.S.C. s. 166(e),
735relating to the eligibility of hybrid and other low-emission and
736energy-efficient vehicles for operation in an HOV lane
737regardless of occupancy, the Department of Transportation shall
738review the rule and recommend to the Legislature any statutory
739changes necessary for compliance with the federal rule. The
740department shall provide its recommendations no later than 30
741days following issuance of the final rule.
742     (5)  The department shall issue a decal and registration
743certificate, to be renewed annually, reflecting the HOV lane
744designation on such vehicles meeting the criteria in subsection
745(4) authorizing driving in an HOV lane at any time such use. The
746department may charge a fee for a decal, not to exceed the costs
747of designing, producing, and distributing each decal, or $5,
748whichever is less. The proceeds from sale of the decals shall be
749deposited in the Highway Safety Operating Trust Fund. The
750department may, for reasons of operation and management of HOV
751facilities, limit or discontinue issuance of decals for the use
752of HOV facilities by hybrid and low-emission and energy-
753efficient vehicles, regardless of occupancy, if it has been
754determined by the Department of Transportation that the
755facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
756     (6)  Vehicles having decals by virtue of compliance with
757the minimum fuel economy standards under 23 U.S.C. s.
758166(f)(3)(B), and which are registered for use in high-occupancy
759toll lanes or express lanes in accordance with Department of
760Transportation rule, shall be allowed to use any HOV lanes
761redesignated as high-occupancy toll lanes or express lanes
762without payment of a toll.
763     (5)  As used in this section, the term "hybrid vehicle"
764means a motor vehicle:
765     (a)  That draws propulsion energy from onboard sources of
766stored energy which are both:
767     1.  An internal combustion or heat engine using combustible
768fuel; and
769     2.  A rechargeable energy storage system; and
770     (b)  That, in the case of a passenger automobile or light
771truck:
772     1.  Has received a certificate of conformity under the
773Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
774     2.  Meets or exceeds the equivalent qualifying California
775standards for a low-emission vehicle.
776     (7)(6)  The department may adopt rules necessary to
777administer this section.
778     Section 5.  Subsection (4) of section 316.193, Florida
779Statutes, is amended to read:
780     316.193  Driving under the influence; penalties.--
781     (4)(a)  Any person who is convicted of a violation of
782subsection (1) and who has a blood-alcohol level or breath-
783alcohol level of 0.15 0.20 or higher, or any person who is
784convicted of a violation of subsection (1) and who at the time
785of the offense was accompanied in the vehicle by a person under
786the age of 18 years, shall be punished:
787     1.(a)  By a fine of:
788     a.1.  Not less than $500 or more than $1,000 for a first
789conviction.
790     b.2.  Not less than $1,000 or more than $2,000 for a second
791conviction.
792     c.3.  Not less than $2,000 for a third or subsequent
793conviction.
794     2.(b)  By imprisonment for:
795     a.1.  Not more than 9 months for a first conviction.
796     b.2.  Not more than 12 months for a second conviction.
797     (b)  For the purposes of this subsection, only the instant
798offense is required to be a violation of subsection (1) by a
799person who has a blood-alcohol level or breath-alcohol level of
8000.15 0.20 or higher.
801     (c)  In addition to the penalties in subparagraphs (a)1.
802and 2. paragraphs (a) and (b), the court shall order the
803mandatory placement, at the convicted person's sole expense, of
804an ignition interlock device approved by the department in
805accordance with s. 316.1938 upon all vehicles that are
806individually or jointly leased or owned and routinely operated
807by the convicted person for up to 6 months for the first offense
808and for at least 2 years for a second offense, when the
809convicted person qualifies for a permanent or restricted
810license. The installation of such device may not occur before
811July 1, 2003.
812     Section 6.  Subsection (2) of section 316.2397, Florida
813Statutes, is amended to read:
814     316.2397  Certain lights prohibited; exceptions.--
815     (2)  It is expressly prohibited for any vehicle or
816equipment, except police vehicles, to show or display blue
817lights. However, vehicles owned, operated, or leased by the
818Department of Corrections or any county correctional agency, may
819show or display blue lights when responding to emergencies.
820     Section 7.  Effective October 1, 2008, paragraph (b) of
821subsection (1) and subsections (6) and (8) of section 316.302,
822Florida Statutes, are amended to read:
823     316.302  Commercial motor vehicles; safety regulations;
824transporters and shippers of hazardous materials; enforcement.--
825     (1)
826     (b)  Except as otherwise provided in this section, all
827owners or drivers of commercial motor vehicles that are engaged
828in intrastate commerce are subject to the rules and regulations
829contained in 49 C.F.R. parts 382, 385, and 390-397, with the
830exception of 49 C.F.R. s. 390.5 as it relates to the definition
831of bus, as such rules and regulations existed on October 1, 2007
8322005.
833     (6)  The state Department of Transportation shall perform
834the duties that are assigned to the Field Administrator, Federal
835Motor Carrier Safety Administration Regional Federal Highway
836Administrator under the federal rules, and an agent of that
837department, as described in s. 316.545(9), may enforce those
838rules.
839     (8)  For the purpose of enforcing this section, any law
840enforcement officer of the Department of Transportation or duly
841appointed agent who holds a current safety inspector
842certification from the Commercial Vehicle Safety Alliance may
843require the driver of any commercial vehicle operated on the
844highways of this state to stop and submit to an inspection of
845the vehicle or the driver's records. If the vehicle or driver is
846found to be operating in an unsafe condition, or if any required
847part or equipment is not present or is not in proper repair or
848adjustment, and the continued operation would present an unduly
849hazardous operating condition, the officer may require the
850vehicle or the driver to be removed from service pursuant to the
851North American Standard Uniform Out-of-Service Criteria, until
852corrected. However, if continuous operation would not present an
853unduly hazardous operating condition, the officer may give
854written notice requiring correction of the condition within 14
855days.
856     (a)  Any member of the Florida Highway Patrol or any law
857enforcement officer employed by a sheriff's office or municipal
858police department authorized to enforce the traffic laws of this
859state pursuant to s. 316.640 who has reason to believe that a
860vehicle or driver is operating in an unsafe condition may, as
861provided in subsection (10), enforce the provisions of this
862section.
863     (b)  Any person who fails to comply with an officer's
864request to submit to an inspection under this subsection commits
865a violation of s. 843.02 if the person resists the officer
866without violence or a violation of s. 843.01 if the person
867resists the officer with violence.
868     Section 8.  Subsection (5) of section 316.515, Florida
869Statutes, is amended to read:
870     316.515  Maximum width, height, length.--
871     (5)  IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
872AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY
873REQUIREMENTS.--
874     (a)  Notwithstanding any other provisions of law, straight
875trucks, agricultural tractors, and cotton module movers, not
876exceeding 50 feet in length, or any combination of up to and
877including three implements of husbandry, including the towing
878power unit, and any single agricultural trailer with a load
879thereon or any agricultural implements attached to a towing
880power unit not exceeding 130 inches in width, or a self-
881propelled agricultural implement or an agricultural tractor not
882exceeding 130 inches in width, is authorized for the purpose of
883transporting peanuts, grains, soybeans, cotton, hay, straw, or
884other perishable farm products from their point of production to
885the first point of change of custody or of long-term storage,
886and for the purpose of returning to such point of production, or
887for the purpose of moving such tractors, movers, and implements
888from one point of agricultural production to another, by a
889person engaged in the production of any such product or custom
890hauler, if such vehicle or combination of vehicles otherwise
891complies with this section. The Department of Transportation may
892issue overwidth permits for implements of husbandry greater than
893130 inches, but not more than 170 inches, in width. The
894Department of Transportation may issue overlength permits for
895cotton module movers greater than 50 feet but not more than 55
896feet in overall length. Such vehicles shall be operated in
897accordance with all safety requirements prescribed by law and
898rules of the Department of Transportation.
899     (b)  Notwithstanding any other provision of law, equipment
900not exceeding 136 inches in width and not capable of speeds
901exceeding 20 miles per hour which is used exclusively for
902harvesting forestry products is authorized for the purpose of
903transporting equipment from one point of harvest to another
904point of harvest, not to exceed 10 miles, by a person engaged in
905the harvesting of forestry products. Such vehicles must be
906operated during daylight hours only, in accordance with all
907safety requirements prescribed by s. 316.2295(5) and (6).
908     (c)  The width and height limitations of this section shall
909not apply to farming or agricultural equipment, whether self-
910propelled, pulled, or hauled, when temporarily operated during
911daylight hours upon a public road which is not a limited access
912facility as defined in s. 334.03(13), and the width and height
913limitations may be exceeded by such equipment without a permit.
914To be eligible for this exemption, the equipment shall be
915operated within a radius of 50 miles from the real property
916owned, rented, or leased by the equipment owner; however
917equipment being delivered by a dealer to a purchaser shall not
918be subject to the 50-mile limitation. Farming or agricultural
919equipment greater that 174 inches in width must have one warning
920lamp mounted on each side of the equipment to denote the width
921and must have a slow moving vehicle sign. Warning lamps required
922by this paragraph must be visible from the front and rear of the
923vehicle and must be visible from a distance of 1000 feet.
924     (d)  The operator of equipment operated under this
925subsection is responsible for verifying that the route used has
926adequate clearance for the equipment.
927     Section 9.  Subsection (2) of section 316.613, Florida
928Statutes, is amended to read:
929     316.613  Child restraint requirements.--
930     (2)  As used in this section, the term "motor vehicle"
931means a motor vehicle as defined in s. 316.003 which that is
932operated on the roadways, streets, and highways of the state.
933The term does not include:
934     (a)  A school bus as defined in s. 316.003(45).
935     (b)  A bus used for the transportation of persons for
936compensation, other than a bus regularly used to transport
937children to or from school, as defined in s. 316.615(1) (b), or
938in conjunction with school activities.
939     (c)  A farm tractor or implement of husbandry.
940     (d)  A truck having a gross vehicle weight rating of more
941than 26,000 of net weight of more than 5,000 pounds.
942     (e)  A motorcycle, moped, or bicycle.
943     Section 10.  Paragraph (a) of subsection (3) of section
944316.614, Florida Statutes, is amended to read:
945     316.614  Safety belt usage.--
946     (3)  As used in this section:
947     (a)  "Motor vehicle" means a motor vehicle as defined in s.
948316.003 which that is operated on the roadways, streets, and
949highways of this state. The term does not include:
950     1.  A school bus.
951     2.  A bus used for the transportation of persons for
952compensation.
953     3.  A farm tractor or implement of husbandry.
954     4.  A truck having a gross vehicle weight rating of more
955than 26,000 of a net weight of more than 5,000 pounds.
956     5.  A motorcycle, moped, or bicycle.
957     Section 11.  Paragraph (a) of subsection (2) of section
958316.656, Florida Statutes, is amended to read:
959     316.656  Mandatory adjudication; prohibition against
960accepting plea to lesser included offense.--
961     (2)(a)  No trial judge may accept a plea of guilty to a
962lesser offense from a person charged under the provisions of
963this act who has been given a breath or blood test to determine
964blood or breath alcohol content, the results of which show a
965blood or breath alcohol content by weight of 0.15 0.20 percent
966or more.
967     Section 12.  Effective July 1, 2008, subsection (1) of
968section 320.02, Florida Statutes, as amended by section 28, ch.
9692006-290, Laws of Florida, is amended to read:
970     320.02  Registration required; application for
971registration; forms.--
972     (1)  Except as otherwise provided in this chapter, every
973owner or person in charge of a motor vehicle that is operated or
974driven on the roads of this state shall register the vehicle in
975this state. The owner or person in charge shall apply to the
976department or to its authorized agent for registration of each
977such vehicle on a form prescribed by the department. Prior to
978the original registration of a motorcycle or, motor-driven
979cycle, or moped, the owner, if a natural person, must present
980proof that he or she has a valid motorcycle endorsement as
981required in chapter 322. A registration is not required for any
982motor vehicle that is not operated on the roads of this state
983during the registration period.
984     Section 13.  Section 322.64, Florida Statutes, is amended
985to read:
986     322.64  Holder of commercial driver's license; persons
987operating a commercial motor vehicle; driving with unlawful
988blood-alcohol level; refusal to submit to breath, urine, or
989blood test.--
990     (1)(a)  A law enforcement officer or correctional officer
991shall, on behalf of the department, disqualify from operating
992any commercial motor vehicle a person who while operating or in
993actual physical control of a commercial motor vehicle is
994arrested for a violation of s. 316.193, relating to unlawful
995blood-alcohol level or breath-alcohol level, or a person who has
996refused to submit to a breath, urine, or blood test authorized
997by s. 322.63 arising out of the operation or actual physical
998control of a commercial motor vehicle. A law enforcement officer
999or correctional officer shall, on behalf of the department,
1000disqualify the holder of a commercial driver's license from
1001operating any commercial motor vehicle if the licenseholder,
1002while operating or in actual physical control of a motor
1003vehicle, is arrested for a violation of s. 316.193, relating to
1004unlawful blood-alcohol level or breath-alcohol level, or refused
1005to submit to a breath, urine, or blood test authorized by s.
1006322.63. Upon disqualification of the person, the officer shall
1007take the person's driver's license and issue the person a 10-day
1008temporary permit for the operation of noncommercial vehicles
1009only if the person is otherwise eligible for the driving
1010privilege and shall issue the person a notice of
1011disqualification. If the person has been given a blood, breath,
1012or urine test, the results of which are not available to the
1013officer at the time of the arrest, the agency employing the
1014officer shall transmit such results to the department within 5
1015days after receipt of the results. If the department then
1016determines that the person was arrested for a violation of s.
1017316.193 and that the person had a blood-alcohol level or breath-
1018alcohol level of 0.08 or higher, the department shall disqualify
1019the person from operating a commercial motor vehicle pursuant to
1020subsection (3).
1021     (b)  The disqualification under paragraph (a) shall be
1022pursuant to, and the notice of disqualification shall inform the
1023driver of, the following:
1024     1.a.  The driver refused to submit to a lawful breath,
1025blood, or urine test and he or she is disqualified from
1026operating a commercial motor vehicle for a period of 1 year, for
1027a first refusal, or permanently, if he or she has previously
1028been disqualified as a result of a refusal to submit to such a
1029test; or
1030     b.  The driver was driving or in actual physical control of
1031a commercial motor vehicle, or any motor vehicle if the driver
1032holds a commercial driver's license, had an unlawful blood-
1033alcohol level or breath-alcohol level of 0.08 or higher, and his
1034or her driving privilege shall be disqualified for a period of 6
1035months for a first offense or for a period of 1 year if his or
1036her driving privilege has been previously disqualified under
1037this section. violated s. 316.193 by driving with an unlawful
1038blood-alcohol level and he or she is disqualified from operating
1039a commercial motor vehicle for a period of 6 months for a first
1040offense or for a period of 1 year if he or she has previously
1041been disqualified, or his or her driving privilege has been
1042previously suspended, for a violation of s. 316.193.
1043     2.  The disqualification period for operating commercial
1044vehicles shall commence on the date of arrest or issuance of the
1045notice of disqualification, whichever is later.
1046     3.  The driver may request a formal or informal review of
1047the disqualification by the department within 10 days after the
1048date of arrest or issuance of the notice of disqualification,
1049whichever is later.
1050     4.  The temporary permit issued at the time of arrest or
1051disqualification expires will expire at midnight of the 10th day
1052following the date of disqualification.
1053     5.  The driver may submit to the department any materials
1054relevant to the disqualification arrest.
1055     (2)  Except as provided in paragraph (1)(a), the law
1056enforcement officer shall forward to the department, within 5
1057days after the date of the arrest or the issuance of the notice
1058of disqualification, whichever is later, a copy of the notice of
1059disqualification, the driver's license of the person
1060disqualified arrested, and a report of the arrest, including, if
1061applicable, an affidavit stating the officer's grounds for
1062belief that the person disqualified arrested was operating or in
1063actual physical control of a commercial motor vehicle, or holds
1064a commercial driver's license, and had an unlawful blood-alcohol
1065or breath-alcohol level in violation of s. 316.193; the results
1066of any breath or blood or urine test or an affidavit stating
1067that a breath, blood, or urine test was requested by a law
1068enforcement officer or correctional officer and that the person
1069arrested refused to submit; a copy of the notice of
1070disqualification citation issued to the person arrested; and the
1071officer's description of the person's field sobriety test, if
1072any. The failure of the officer to submit materials within the
10735-day period specified in this subsection or subsection (1) does
1074shall not affect the department's ability to consider any
1075evidence submitted at or prior to the hearing. The officer may
1076also submit a copy of a videotape of the field sobriety test or
1077the attempt to administer such test and a copy of the crash
1078report, if any.
1079     (3)  If the department determines that the person arrested
1080should be disqualified from operating a commercial motor vehicle
1081pursuant to this section and if the notice of disqualification
1082has not already been served upon the person by a law enforcement
1083officer or correctional officer as provided in subsection (1),
1084the department shall issue a notice of disqualification and,
1085unless the notice is mailed pursuant to s. 322.251, a temporary
1086permit which expires 10 days after the date of issuance if the
1087driver is otherwise eligible.
1088     (4)  If the person disqualified arrested requests an
1089informal review pursuant to subparagraph (1)(b)3., the
1090department shall conduct the informal review by a hearing
1091officer employed by the department. Such informal review hearing
1092shall consist solely of an examination by the department of the
1093materials submitted by a law enforcement officer or correctional
1094officer and by the person disqualified arrested, and the
1095presence of an officer or witness is not required.
1096     (5)  After completion of the informal review, notice of the
1097department's decision sustaining, amending, or invalidating the
1098disqualification must be provided to the person. Such notice
1099must be mailed to the person at the last known address shown on
1100the department's records, and to the address provided in the law
1101enforcement officer's report if such address differs from the
1102address of record, within 21 days after the expiration of the
1103temporary permit issued pursuant to subsection (1) or subsection
1104(3).
1105     (6)(a)  If the person disqualified arrested requests a
1106formal review, the department must schedule a hearing to be held
1107within 30 days after such request is received by the department
1108and must notify the person of the date, time, and place of the
1109hearing.
1110     (b)  Such formal review hearing shall be held before a
1111hearing officer employed by the department, and the hearing
1112officer shall be authorized to administer oaths, examine
1113witnesses and take testimony, receive relevant evidence, issue
1114subpoenas for the officers and witnesses identified in documents
1115as provided in subsection (2), regulate the course and conduct
1116of the hearing, and make a ruling on the disqualification. The
1117department and the person disqualified arrested may subpoena
1118witnesses, and the party requesting the presence of a witness
1119shall be responsible for the payment of any witness fees. If the
1120person who requests a formal review hearing fails to appear and
1121the hearing officer finds such failure to be without just cause,
1122the right to a formal hearing is waived and the department shall
1123conduct an informal review of the disqualification under
1124subsection (4).
1125     (c)  A party may seek enforcement of a subpoena under
1126paragraph (b) by filing a petition for enforcement in the
1127circuit court of the judicial circuit in which the person
1128failing to comply with the subpoena resides. A failure to comply
1129with an order of the court shall result in a finding of contempt
1130of court. However, a person shall not be in contempt while a
1131subpoena is being challenged.
1132     (d)  The department must, within 7 days after a formal
1133review hearing, send notice to the person of the hearing
1134officer's decision as to whether sufficient cause exists to
1135sustain, amend, or invalidate the disqualification.
1136     (7)  In a formal review hearing under subsection (6) or an
1137informal review hearing under subsection (4), the hearing
1138officer shall determine by a preponderance of the evidence
1139whether sufficient cause exists to sustain, amend, or invalidate
1140the disqualification. The scope of the review shall be limited
1141to the following issues:
1142     (a)  If the person was disqualified from operating a
1143commercial motor vehicle for driving with an unlawful blood-
1144alcohol level in violation of s. 316.193:
1145     1.  Whether the arresting law enforcement officer had
1146probable cause to believe that the person was driving or in
1147actual physical control of a commercial motor vehicle, or any
1148motor vehicle if the driver holds a commercial driver's license,
1149in this state while he or she had any alcohol, chemical
1150substances, or controlled substances in his or her body.
1151     2.  Whether the person was placed under lawful arrest for a
1152violation of s. 316.193.
1153     2.3.  Whether the person had an unlawful blood-alcohol
1154level or breath-alcohol level of 0.08 or higher as provided in
1155s. 316.193.
1156     (b)  If the person was disqualified from operating a
1157commercial motor vehicle for refusal to submit to a breath,
1158blood, or urine test:
1159     1.  Whether the law enforcement officer had probable cause
1160to believe that the person was driving or in actual physical
1161control of a commercial motor vehicle, or any motor vehicle if
1162the driver holds a commercial driver's license, in this state
1163while he or she had any alcohol, chemical substances, or
1164controlled substances in his or her body.
1165     2.  Whether the person refused to submit to the test after
1166being requested to do so by a law enforcement officer or
1167correctional officer.
1168     3.  Whether the person was told that if he or she refused
1169to submit to such test he or she would be disqualified from
1170operating a commercial motor vehicle for a period of 1 year or,
1171in the case of a second refusal, permanently.
1172     (8)  Based on the determination of the hearing officer
1173pursuant to subsection (7) for both informal hearings under
1174subsection (4) and formal hearings under subsection (6), the
1175department shall:
1176     (a)  Sustain the disqualification for a period of 1 year
1177for a first refusal, or permanently if such person has been
1178previously disqualified from operating a commercial motor
1179vehicle as a result of a refusal to submit to such tests. The
1180disqualification period commences on the date of the arrest or
1181issuance of the notice of disqualification, whichever is later.
1182     (b)  Sustain the disqualification:
1183     1.  For a period of 1 year if the person was driving or in
1184actual physical control of a commercial motor vehicle, or any
1185motor vehicle if the driver holds a commercial driver's license,
1186and had an unlawful blood-alcohol level or breath-alcohol level
1187of 0.08 or higher; or 6 months for a violation of s. 316.193 or
1188for a period of 1 year
1189     2.  Permanently if the person has been previously
1190disqualified from operating a commercial motor vehicle or his or
1191her driving privilege has been previously suspended for driving
1192or being in actual physical control of a commercial motor
1193vehicle, or any motor vehicle if the driver holds a commercial
1194driver's license, and had an unlawful blood-alcohol level or
1195breath-alcohol level of 0.08 or higher as a result of a
1196violation of s. 316.193.
1197
1198The disqualification period commences on the date of the arrest
1199or issuance of the notice of disqualification, whichever is
1200later.
1201     (9)  A request for a formal review hearing or an informal
1202review hearing shall not stay the disqualification. If the
1203department fails to schedule the formal review hearing to be
1204held within 30 days after receipt of the request therefor, the
1205department shall invalidate the disqualification. If the
1206scheduled hearing is continued at the department's initiative,
1207the department shall issue a temporary driving permit limited to
1208noncommercial vehicles which is shall be valid until the hearing
1209is conducted if the person is otherwise eligible for the driving
1210privilege. Such permit shall not be issued to a person who
1211sought and obtained a continuance of the hearing. The permit
1212issued under this subsection shall authorize driving for
1213business purposes or employment use only.
1214     (10)  A person who is disqualified from operating a
1215commercial motor vehicle under subsection (1) or subsection (3)
1216is eligible for issuance of a license for business or employment
1217purposes only under s. 322.271 if the person is otherwise
1218eligible for the driving privilege. However, such business or
1219employment purposes license shall not authorize the driver to
1220operate a commercial motor vehicle.
1221     (11)  The formal review hearing may be conducted upon a
1222review of the reports of a law enforcement officer or a
1223correctional officer, including documents relating to the
1224administration of a breath test or blood test or the refusal to
1225take either test. However, as provided in subsection (6), the
1226driver may subpoena the officer or any person who administered
1227or analyzed a breath or blood test.
1228     (12)  The formal review hearing and the informal review
1229hearing are exempt from the provisions of chapter 120. The
1230department is authorized to adopt rules for the conduct of
1231reviews under this section.
1232     (13)  A person may appeal any decision of the department
1233sustaining the disqualification from operating a commercial
1234motor vehicle by a petition for writ of certiorari to the
1235circuit court in the county wherein such person resides or
1236wherein a formal or informal review was conducted pursuant to s.
1237322.31. However, an appeal shall not stay the disqualification.
1238This subsection shall not be construed to provide for a de novo
1239appeal.
1240     (14)  The decision of the department under this section
1241shall not be considered in any trial for a violation of s.
1242316.193, s. 322.61, or s. 322.62, nor shall any written
1243statement submitted by a person in his or her request for
1244departmental review under this section be admissible into
1245evidence against him or her in any such trial. The disposition
1246of any related criminal proceedings shall not affect a
1247disqualification imposed pursuant to this section.
1248     (15)  This section does not preclude the suspension of the
1249driving privilege pursuant to s. 322.2615. The driving privilege
1250of a person who has been disqualified from operating a
1251commercial motor vehicle also may be suspended for a violation
1252of s. 316.193.
1253     Section 14.  Subsection (16) of section 344.044, Florida
1254Statutes, is amended, and subsection (34) is added to that
1255section, to read:
1256     334.044  Department; powers and duties.--The department
1257shall have the following general powers and duties:
1258     (16)  To plan, acquire, lease, construct, maintain, and
1259operate toll facilities; to authorize the issuance and refunding
1260of bonds; and to establish fix and collect tolls, variable rate
1261tolls, or other charges for travel on any such facilities.
1262     (34)  The department shall maintain training programs for
1263department employees and prospective employees who are graduates
1264from an approved engineering curriculum of 4 years or more in a
1265school, college, or university approved by the Board of
1266Professional Engineers to provide broad practical expertise in
1267the field of transportation engineering leading to licensure as
1268a professional engineer. The department shall maintain training
1269programs for department employees to provide broad practical
1270experience and enhanced knowledge in the areas of right-of-way
1271property management, real estate appraisal, and business
1272valuation relating to department right-of-way acquisition
1273activities. These training programs may provide for incremental
1274increases to base salary for all employees enrolled in the
1275programs upon successful completion of training phases.
1276     Section 15.  Section 336.41, Florida Statutes, is amended
1277to read:
1278     336.41  Counties and municipalities; employing labor and
1279providing road equipment; accounting; when competitive bidding
1280required.--
1281     (1)  The commissioners may employ labor and provide
1282equipment as may be necessary, except as provided in subsection
1283(3), for constructing and opening of new roads or bridges and
1284repair and maintenance of any existing roads and bridges.
1285     (1)(2)  It is shall be the duty of all persons to whom the
1286governing body of a county or municipality delivers
1287commissioners deliver equipment and construction materials
1288supplies for road and bridge purposes to make a strict
1289accounting of the same to the governing body commissioners.
1290     (2)(a)(3)  The governing body of a county or municipality
1291shall competitively award to a private-sector contractor all
1292construction, and reconstruction, or repair of roads and
1293bridges, including resurfacing, full scale mineral seal coating,
1294and major bridge and bridge system repairs.
1295     (b)  Notwithstanding paragraph (a), the county or
1296municipality may use its own forces, to be performed utilizing
1297the proceeds of the 80-percent portion of the surplus of the
1298constitutional gas tax shall be let to contract to the lowest
1299responsible bidder by competitive bid, except for:
1300     1.(a)  Construction and maintenance in emergency
1301situations., and
1302     2.(b)  In addition to emergency work, Construction, and
1303reconstruction, or repair of roads and bridges, including
1304resurfacing, full-scale mineral seal coating, and major bridge
1305and bridge system repairs. However:, having a total cumulative
1306annual value not to exceed 5 percent of its 80-percent portion
1307of the constitutional gas tax or $400,000, whichever is greater,
1308and
1309     a.  A single project may not exceed $250,000 in value or as
1310adjusted by the percentage change in the Construction Cost Index
1311dated January 1, 2009, exclusive of materials purchased in
1312accordance with sub-subparagraph c.
1313     b.  A project under this subsection may not be divided into
1314more than one project for the purpose of avoiding the
1315requirements of this subsection.
1316     c.  All materials for such projects must be purchased or
1317furnished from a commercial source, with the exception of
1318government-owned local material pits for sand, shell, gravel,
1319and rock existing before January 1, 2008.
1320     d.  A county or municipality is not subject to the maximum
1321project value in sub-subparagraph a. for paving dirt roads only.
1322Such county or municipality is subject to sub-subparagraph c.
1323     3.(c)  Construction of sidewalks, curbing, accessibility
1324ramps, or appurtenances incidental to roads and bridges if each
1325project is estimated in accordance with generally accepted cost-
1326accounting principles to have total construction project costs
1327of less than $400,000 or as adjusted by the percentage change in
1328the Construction Cost Index from January 1, 2008,
1329
1330for which the county may utilize its own forces.
1331     (c)  However, if, after proper advertising, no bids are
1332received by a county or municipality for a specific project, the
1333county or municipality may use its own forces to construct the
1334project, notwithstanding the limitation of this subsection.
1335     (d)  As used in this section, the term "competitively
1336award" means to award a contract based on the submission of
1337sealed bids, proposals submitted in response to a request for
1338qualifications, or proposals submitted for competitive
1339negotiations. This subsection expressly allows contracts for
1340construction management services, design-build contracts,
1341continuation contracts based on unit prices, and any other
1342contract arrangement with a private-sector contractor permitted
1343by any applicable municipal or county ordinance, by district
1344resolution, or by state law.
1345     (e)  For purposes of this section, the value of a project
1346includes the cost of all labor, except inmate labor, labor
1347burden, and equipment, including ownership, fuel, and
1348maintenance costs to be used in the construction and
1349reconstruction of the project.
1350     (f)  Nothing in This section does not shall prevent the
1351county or municipality from performing routine maintenance as
1352authorized by law and defined in s. 334.03, including the
1353grading and shaping of dirt roads.
1354     (g)  Notwithstanding any law to the contrary, a county,
1355municipality, or special district may not own or operate an
1356asphalt plant or a portable or stationary concrete batch plant
1357having an independent mixer.
1358     (3)(4)(a)  For contracts in excess of $250,000, any county
1359or municipality may require that persons interested in
1360performing work under the contract first be certified or
1361qualified to do the work. Any contractor prequalified and
1362considered eligible to bid by the department to perform the type
1363of work described under the contract shall be presumed to be
1364qualified to perform the work so described. Any contractor may
1365be considered ineligible to bid by the county or municipality if
1366the contractor is behind an approved progress schedule by 10
1367percent or more on another project for that county or
1368municipality at the time of the advertisement of the work. The
1369county or municipality may provide an appeal process to overcome
1370such consideration with de novo review based on the record below
1371to the circuit court.
1372     (b)  The county or municipality, as appropriate, shall
1373publish prequalification criteria and procedures prior to
1374advertisement or notice of solicitation. Such publications shall
1375include notice of a public hearing for comment on such criteria
1376and procedures before prior to adoption. The procedures shall
1377provide for an appeal process within the county or municipality
1378for objections to the prequalification process with de novo
1379review based on the record below to the circuit court.
1380     (c)  The county or municipality, as appropriate, shall also
1381publish for comment, before prior to adoption, the selection
1382criteria and procedures to be used by the county or municipality
1383if such procedures would allow selection of other than the
1384lowest responsible bidder. The selection criteria shall include
1385an appeal process within the county or municipality with de novo
1386review based on the record below to the circuit court.
1387     Section 16.  Subsection (1) of section 336.44, Florida
1388Statutes, is amended to read:
1389     336.44  Counties; contracts for construction of roads;
1390procedure; contractor's bond.--
1391     (1)  The commissioners shall let the work on roads out on
1392contract, in accordance with s. 336.41(2) s. 336.41(3).
1393     Section 17.  Subsection (2)and paragraph (g) of subsection
1394(5) of section 337.0261, Florida Statutes, are amended, and
1395subsection (6) is added to that section, to read:
1396     337.0261  Construction aggregate materials.--
1397     (2)  LEGISLATIVE INTENT.--The Legislature finds that there
1398is a strategic and critical need for an available supply of
1399construction aggregate materials within the state and that a
1400disruption of the supply would cause a significant detriment to
1401the state's construction industry, transportation system, and
1402overall health, safety, and welfare. The Legislature further
1403finds:
1404     (a)  Construction aggregate materials are a finite natural
1405resource.
1406     (b)  Construction aggregate materials mining is an industry
1407of critical importance to the state and is therefore in the
1408public interest.
1409     (c)  There is a need for a reliable, predictable, and
1410sustainable supply of construction aggregate materials so that
1411public and private construction is maintained without
1412interruption.
1413     (d)  There are a limited number of aggregate resource
1414counties within the State where aggregate and sand resources
1415exist.
1416     (5)  STRATEGIC AGGREGATES REVIEW TASK FORCE.--
1417     (g)  The task force shall be dissolved on March July 1,
14182010 2008.
1419     (6)  STRATEGIC AGGREGATE RESOURCE ASSESSMENT (SARA).--
1420     (a)  The department shall organize and provide
1421administrative support in the preparation of the strategic
1422aggregate resource assessment. The department, in consultation
1423with the Department of Environmental Protection, the Department
1424of Community Affairs, the regional planning councils, shall work
1425with local governments in the preparation of the strategic
1426aggregate resource assessment.
1427     1. For construction aggregate materials the strategic
1428aggregate resource assessment shall:
1429     a.  Identify and map areas where construction aggregate
1430materials deposits are located in the state.
1431     b.  Identify and superimpose on the aggregate map a high to
1432low quality grading classification to identify the areas that
1433contain the materials needed for road building and repair.
1434     c.  Identify and superimpose on the aggregate map the areas
1435of natural resources subject to federal or state permitting
1436requirements in order to identify any potential conflicts
1437between the location of geologically valuable resources and
1438natural land and water resources.
1439     d.  Identify and superimpose on the aggregate map the areas
1440of existing future land use elements of local comprehensive
1441plans and local zoning regulations in order to identify with
1442natural resources and existing communities and any potential
1443conflicts between the areas where growth and development is
1444planned or placed adjacent to or over deposits of construction
1445aggregate materials.
1446     e.  Provide a projection of 5-year, 25-year, and 50-year
1447demand for aggregate.
1448     f.  Provide an estimate of volume of aggregate available
1449from already permitted mines to meet demand projections.
1450     g.  Identify the availability and estimate the volume of
1451alternative material, including recycled and reused construction
1452aggregate, which may substitute for construction aggregate.
1453     h.  Identify international and out-of-state construction
1454aggregate materials available to meet demand projections.
1455     2.  For infrastructure the strategic aggregate resource
1456assessment shall:
1457     a.  Provide a rating structure assessing the ability to
1458mine the deposits in an economic manner, taking into account the
1459proximity of the materials to the available markets, the
1460thickness of overburden, and the quantity and quality of the
1461materials. In assessing the economic viability of a geologic
1462deposit the strategic aggregate resource assessment shall take
1463into account the proximity to rail and port facilities where
1464similar or replacement products can be imported at a lower cost
1465than producing them locally.
1466     b.  Identify the current and potential capacity of
1467construction aggregate material imports into the state utilizing
1468current and planned rail, connecting roadways, and port
1469infrastructure.
1470     3.  In addition to the information gathered in
1471subparagraphs 1. and 2., for each of the six "Materials Resource
1472Planning Areas" identified in the Department of Transportation
1473report titled, "Strategic Aggregates Study: Sources,
1474Constraints, and Economic Value of Limestone and Sand in
1475Florida," dated February 2007, the strategic aggregate resource
1476assessment shall:
1477     a.  Provide a summary of all regional and local regulatory
1478jurisdictions impacting the approval of mining, including, but
1479not limited to, county, municipal, and special district
1480regulations.
1481     b.  Provide a description of federal, state, and local
1482environmental regulatory issues impacting access to construction
1483aggregate reserves.
1484     c.  Identify and map rare, threatened, or endangered
1485habitats, water resources, and other natural resources subject
1486to federal, state, and local protection or regulation.
1487     d.  Identify local transportation infrastructure issues
1488impacting the distribution of aggregate materials, including
1489level of service and quality of roads, rail access, and, as
1490appropriate, port capacity and access.
1491     e.  Identify alternatives for when the local construction
1492mining aggregate supply is exhausted.
1493     (b)  The strategic aggregate resource assessment shall be
1494updated every 5 years and be included as part of the Florida
1495Transportation Plan.
1496     (c)  The Strategic Aggregate Review Task Force shall
1497prepare the findings of the strategic aggregate resource
1498assessment in an initial report submitted to the Governor, the
1499President of the Senate, and the Speaker of the House of
1500Representatives no later than February 1, 2010. Subsequent
1501reports shall be submitted by department on February 1 following
1502each 5-year strategic aggregate resource assessment update.
1503     (d)  The department is authorized to adopt rules pursuant
1504to ss. 120.536(1) and 120.54 to administer this section and in
1505the preparation of the strategic aggregate resource assessment.
1506     (e)  There is appropriated from the General Revenue fund,
1507for fiscal year 2008-2009 only, $700,000, which shall require a
150850 percent local government match, to be deposited into the
1509State Transportation Trust Fund to be used for the purposes of
1510this subsection.
1511     Section 18.  Subsections (8) through (15) of section
1512337.11, Florida Statutes, are renumbered as subsections (9)
1513through (16), respectively, present subsection (7) is renumbered
1514as subsection (8) and amended, and a new subsection (7) is added
1515to that section, to read:
1516     337.11  Contracting authority of department; bids;
1517emergency repairs, supplemental agreements, and change orders;
1518combined design and construction contracts; progress payments;
1519records; requirements of vehicle registration.--
1520     (7)  If the department determines that it is in the best
1521interest of the public, the department may pay a stipend to
1522unsuccessful firms who have submitted responsive proposals for
1523construction or maintenance contracts. The decision and amount
1524of a stipend will be based upon department analysis of the
1525estimated proposal development costs and the anticipated degree
1526of competition during the procurement process. Stipends shall be
1527used to encourage competition and compensate unsuccessful firms
1528for a portion of their proposal development costs. The
1529department shall retain the right to use ideas from unsuccessful
1530firms that accept a stipend.
1531     (8)(7)(a)  If the head of the department determines that it
1532is in the best interests of the public, the department may
1533combine the design and construction phases of a building, a
1534major bridge, a limited access facility, or a rail corridor
1535project into a single contract. Such contract is referred to as
1536a design-build contract. The department shall advertise for bid
1537a minimum of 25 percent of the construction contracts which add
1538capacity in the 5-year adopted work program as design-build
1539contracts. Design-build contracts may be advertised and awarded
1540notwithstanding the requirements of paragraph (3)(c). However,
1541construction activities may not begin on any portion of such
1542projects for which the department has not yet obtained title to
1543the necessary rights-of-way and easements for the construction
1544of that portion of the project has vested in the state or a
1545local governmental entity and all railroad crossing and utility
1546agreements have been executed. Title to rights-of-way shall be
1547deemed to have vested in the state when the title has been
1548dedicated to the public or acquired by prescription.
1549     (b)  The department shall adopt by rule procedures for
1550administering design-build contracts. Such procedures shall
1551include, but not be limited to:
1552     1.  Prequalification requirements.
1553     2.  Public announcement procedures.
1554     3.  Scope of service requirements.
1555     4.  Letters of interest requirements.
1556     5.  Short-listing criteria and procedures.
1557     6.  Bid proposal requirements.
1558     7.  Technical review committee.
1559     8.  Selection and award processes.
1560     9.  Stipend requirements.
1561     (c)  The department must receive at least three letters of
1562interest in order to proceed with a request for proposals. The
1563department shall request proposals from no fewer than three of
1564the design-build firms submitting letters of interest. If a
1565design-build firm withdraws from consideration after the
1566department requests proposals, the department may continue if at
1567least two proposals are received.
1568     Section 19.  Subsection (7) of section 337.14, Florida
1569Statutes, is amended to read:
1570     337.14  Application for qualification; certificate of
1571qualification; restrictions; request for hearing.--
1572     (7)  No "contractor" as defined in s. 337.165(1)(d) or his
1573or her "affiliate" as defined in s. 337.165(1)(a) qualified with
1574the department under this section may also qualify under s.
1575287.055 or s. 337.105 to provide testing services, construction,
1576engineering, and inspection services to the department. This
1577limitation shall not apply to any design-build prequalification
1578under s. 337.11(8)(7).
1579     Section 20.  Paragraph (a) of subsection (2) of section
1580337.16, Florida Statutes, is amended to read:
1581     337.16  Disqualification of delinquent contractors from
1582bidding; determination of contractor nonresponsibility; denial,
1583suspension, and revocation of certificates of qualification;
1584grounds; hearing.--
1585     (2)  For reasons other than delinquency in progress, the
1586department, for good cause, may determine any contractor not
1587having a certificate of qualification nonresponsible for a
1588specified period of time or may deny, suspend, or revoke any
1589certificate of qualification. Good cause includes, but is not
1590limited to, circumstances in which a contractor or the
1591contractor's official representative:
1592     (a)  Makes or submits to the department false, deceptive,
1593or fraudulent statements or materials in any bid proposal to the
1594department, any application for a certificate of qualification,
1595any certification of payment pursuant to s. 337.11(11)(10), or
1596any administrative or judicial proceeding;
1597     Section 21. Paragraph (b) of subsection (1) of section
1598337.18 is amended to read:
1599     337.18  Surety bonds for construction or maintenance
1600contracts; requirement with respect to contract award; bond
1601requirements; defaults; damage assessments.--
1602     (1)
1603     (b)  Prior to beginning any work under the contract, the
1604contractor shall maintain a copy of the payment and performance
1605bond required under this section at its principal place of
1606business and at the jobsite office, if one is established, and
1607the contractor shall provide a copy of the payment and
1608performance bond within 5 days after receipt of any written
1609request therefor. A copy of the payment and performance bond
1610required under this section may also be obtained directly from
1611the department via a request made pursuant to chapter 119. Upon
1612execution of the contract, and prior to beginning any work under
1613the contract, the contractor shall record in the public records
1614of the county where the improvement is located the payment and
1615performance bond required under this section. A claimant shall
1616have a right of action against the contractor and surety for the
1617amount due him or her, including unpaid finance charges due
1618under the claimant's contract. Such action shall not involve the
1619department in any expense.
1620     Section 22.  Subsections (1), (2), and (7) of section
1621337.185, Florida Statutes, are amended to read:
1622     337.185  State Arbitration Board.--
1623     (1)  To facilitate the prompt settlement of claims for
1624additional compensation arising out of construction and
1625maintenance contracts between the department and the various
1626contractors with whom it transacts business, the Legislature
1627does hereby establish the State Arbitration Board, referred to
1628in this section as the "board." For the purpose of this section,
1629"claim" shall mean the aggregate of all outstanding claims by a
1630party arising out of a construction or maintenance contract.
1631Every contractual claim in an amount up to $250,000 per contract
1632or, at the claimant's option, up to $500,000 per contract or,
1633upon agreement of the parties, up to $1 million per contract
1634that cannot be resolved by negotiation between the department
1635and the contractor shall be arbitrated by the board after
1636acceptance of the project by the department. As an exception,
1637either party to the dispute may request that the claim be
1638submitted to binding private arbitration. A court of law may not
1639consider the settlement of such a claim until the process
1640established by this section has been exhausted.
1641     (2)  The board shall be composed of three members. One
1642member shall be appointed by the head of the department, and one
1643member shall be elected by those construction or maintenance
1644companies who are under contract with the department. The third
1645member shall be chosen by agreement of the other two members.
1646Whenever the third member has a conflict of interest regarding
1647affiliation with one of the parties, the other two members shall
1648select an alternate member for that hearing. The head of the
1649department may select an alternative or substitute to serve as
1650the department member for any hearing or term. Each member shall
1651serve a 2-year term. The board shall elect a chair, each term,
1652who shall be the administrator of the board and custodian of its
1653records.
1654     (7)  The members of the board may receive compensation for
1655the performance of their duties hereunder, from administrative
1656fees received by the board, except that no employee of the
1657department may receive compensation from the board. The
1658compensation amount shall be determined by the board, but shall
1659not exceed $125 per hour, up to a maximum of $1,000 per day for
1660each member authorized to receive compensation. Nothing in this
1661section shall prevent the member elected by construction or
1662maintenance companies from being an employee of an association
1663affiliated with the industry, even if the sole responsibility of
1664that member is service on the board. Travel expenses for the
1665industry member may be paid by an industry association, if
1666necessary. The board may allocate funds annually for clerical
1667and other administrative services.
1668     Section 23.  Subsection (1) of section 337.403, Florida
1669Statutes, is amended to read:
1670     337.403  Relocation of utility; expenses.--
1671     (1)  Any utility heretofore or hereafter placed upon,
1672under, over, or along any public road or publicly owned rail
1673corridor that is found by the authority to be unreasonably
1674interfering in any way with the convenient, safe, or continuous
1675use, or the maintenance, improvement, extension, or expansion,
1676of such public road or publicly owned rail corridor shall, upon
167730 days' written notice to the utility or its agent by the
1678authority, be removed or relocated by such utility at its own
1679expense except as provided in paragraphs (a), (b), and (c), and
1680(d).
1681     (a)  If the relocation of utility facilities, as referred
1682to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
1683627 of the 84th Congress, is necessitated by the construction of
1684a project on the federal-aid interstate system, including
1685extensions thereof within urban areas, and the cost of such
1686project is eligible and approved for reimbursement by the
1687Federal Government to the extent of 90 percent or more under the
1688Federal Aid Highway Act, or any amendment thereof, then in that
1689event the utility owning or operating such facilities shall
1690relocate such facilities upon order of the department, and the
1691state shall pay the entire expense properly attributable to such
1692relocation after deducting therefrom any increase in the value
1693of the new facility and any salvage value derived from the old
1694facility.
1695     (b)  When a joint agreement between the department and the
1696utility is executed for utility improvement, relocation, or
1697removal work to be accomplished as part of a contract for
1698construction of a transportation facility, the department may
1699participate in those utility improvement, relocation, or removal
1700costs that exceed the department's official estimate of the cost
1701of such work by more than 10 percent. The amount of such
1702participation shall be limited to the difference between the
1703official estimate of all the work in the joint agreement plus 10
1704percent and the amount awarded for this work in the construction
1705contract for such work. The department may not participate in
1706any utility improvement, relocation, or removal costs that occur
1707as a result of changes or additions during the course of the
1708contract.
1709     (c)  When an agreement between the department and utility
1710is executed for utility improvement, relocation, or removal work
1711to be accomplished in advance of a contract for construction of
1712a transportation facility, the department may participate in the
1713cost of clearing and grubbing necessary to perform such work.
1714     (d)  If the facility being relocated exclusively serves the
1715authority, the authority shall bear the cost of removal or
1716relocation.
1717     (e)  If the utility is an electric facility being relocated
1718underground in order to enhance vehicular, bicycle, and
1719pedestrian safety and in which ownership of the electric
1720facility to be placed underground has been transferred from a
1721private to a public utility within the past 5 years, the
1722department shall incur all costs of the relocation.
1723     Section 24.  Subsections (4) and (5) of section 337.408,
1724Florida Statutes, are amended, subsection (7) is renumbered as
1725subsection (8), and a new subsection (7) is added to that
1726section, to read:
1727     337.408  Regulation of benches, transit shelters, street
1728light poles, waste disposal receptacles, and modular news racks
1729within rights-of-way.--
1730     (4)  The department has the authority to direct the
1731immediate relocation or removal of any bench, transit shelter,
1732waste disposal receptacle, public pay telephone, or modular news
1733rack which endangers life or property, except that transit bus
1734benches which have been placed in service prior to April 1,
17351992, are not required to comply with bench size and advertising
1736display size requirements which have been established by the
1737department prior to March 1, 1992. Any transit bus bench that
1738was in service prior to April 1, 1992, may be replaced with a
1739bus bench of the same size or smaller, if the bench is damaged
1740or destroyed or otherwise becomes unusable. The department is
1741authorized to adopt rules relating to the regulation of bench
1742size and advertising display size requirements. If a
1743municipality or county within which a bench is to be located has
1744adopted an ordinance or other applicable regulation that
1745establishes bench size or advertising display sign requirements
1746different from requirements specified in department rule, the
1747local government requirement shall be applicable within the
1748respective municipality or county. Placement of any bench or
1749advertising display on the National Highway System under a local
1750ordinance or regulation adopted pursuant to this subsection
1751shall be subject to approval of the Federal Highway
1752Administration.
1753     (5)  No bench, transit shelter, waste disposal receptacle,
1754public pay telephone, or modular news rack, or advertising
1755thereon, shall be erected or so placed on the right-of-way of
1756any road which conflicts with the requirements of federal law,
1757regulations, or safety standards, thereby causing the state or
1758any political subdivision the loss of federal funds. Competition
1759among persons seeking to provide bench, transit shelter, waste
1760disposal receptacle, or modular news rack services or
1761advertising on such benches, shelters, receptacles, or news
1762racks may be regulated, restricted, or denied by the appropriate
1763local government entity consistent with the provisions of this
1764section.
1765     (7)  Public pay telephones, including advertising displayed
1766thereon, may be installed within the right-of-way limits of any
1767municipal, county, or state road, except on a limited access
1768highway, provided that such pay telephones are installed by a
1769provider duly authorized and regulated by the Public Service
1770Commission pursuant to s. 364.3375 and such pay telephones are
1771operated in accordance with all applicable state and federal
1772telecommunications regulations. Each advertisement shall be
1773limited to a size no greater than 8 square feet and no public
1774pay telephone booth shall display more than 3 such
1775advertisements at any given time. No advertisements shall be
1776allowed on public pay telephones located in rest areas, welcome
1777centers, and other such facilities located on an interstate
1778highway.
1779     Section 25.  Subsection (6) is added to section 338.01,
1780Florida Statutes, to read:
1781     338.01  Authority to establish and regulate limited access
1782facilities.--
1783     (6)  All new limited access facilities and existing
1784transportation facilities on which new or replacement electronic
1785toll collection systems are installed shall be interoperable
1786with the department's electronic toll collection system.
1787     Section 26.  Subsections (2) and (4) of section 338.165,
1788Florida Statutes, are amended to read:
1789     338.165  Continuation of tolls.--
1790     (2)  If the revenue-producing project is on the State
1791Highway System, any remaining toll revenue shall be used within
1792the county or counties in which the revenue-producing project is
1793located for the construction, maintenance, or improvement of any
1794road on the State Highway System or public transit within the
1795county or counties in which the revenue-producing project is
1796located, except as provided in s. 348.0004.
1797     (4)  Notwithstanding any other law to the contrary,
1798pursuant to s. 11, Art. VII of the State Constitution, and
1799subject to the requirements of subsection (2), the Department of
1800Transportation may request the Division of Bond Finance to issue
1801bonds secured by toll revenues to be collected on the Alligator
1802Alley, the Sunshine Skyway Bridge, the Beeline-East Expressway,
1803the Navarre Bridge, and the Pinellas Bayway to fund
1804transportation projects located within the county or counties in
1805which the project is located and contained in the adopted work
1806program of the department.
1807     Section 27.  Paragraphs (d) and (e) are added to subsection
1808(1) of section 338.2216, Florida Statutes, to read:
1809     338.2216  Florida Turnpike Enterprise; powers and
1810authority.--
1811     (1)
1812     (d)  The Florida Turnpike Enterprise is directed to pursue
1813and implement new technologies and processes in its operations
1814and collection of tolls and the collection of other amounts
1815associated with road and infrastructure usage. Such technologies
1816and processes shall include, without limitation, video billing
1817and variable pricing.
1818     (e)1.  The Florida Turnpike Enterprise shall not under any
1819circumstances contract with any vendor for the retail sale of
1820fuel along the Florida Turnpike if such contract is negotiated
1821or bid together with any other contract, including, but not
1822limited to, the retail sale of food, maintenance services, or
1823construction, with the exception that any contract for the
1824retail sale of fuel along the Florida Turnpike shall be bid and
1825contracted together with the retail sale of food at any
1826convenience store attached to the fuel station.
1827     2.  All contracts, including, but not limited to, the sale
1828of fuel, the retail sale of food, maintenance services, or
1829construction, awarded by the Florida Turnpike Enterprise shall
1830be procured through individual competitive solicitations and
1831awarded to the lowest responder. This paragraph does not
1832prohibit the award of more than one individual contract to a
1833single vendor if he or she submits the most cost-effective
1834response.
1835     Section 28.  Paragraph (b) of subsection (1) of section
1836338.223, Florida Statutes, is amended to read:
1837     338.223  Proposed turnpike projects.--
1838     (1)
1839     (b)  Any proposed turnpike project or improvement shall be
1840developed in accordance with the Florida Transportation Plan and
1841the work program pursuant to s. 339.135. Turnpike projects that
1842add capacity, alter access, affect feeder roads, or affect the
1843operation of the local transportation system shall be included
1844in the transportation improvement plan of the affected
1845metropolitan planning organization. If such turnpike project
1846does not fall within the jurisdiction of a metropolitan planning
1847organization, the department shall notify the affected county
1848and provide for public hearings in accordance with s.
1849339.155(5)(6)(c).
1850     Section 29.  Section 338.231, Florida Statutes, is amended
1851to read:
1852     338.231  Turnpike tolls, fixing; pledge of tolls and other
1853revenues.--The department shall at all times fix, adjust,
1854charge, and collect such tolls and amounts for the use of the
1855turnpike system as are required in order to provide a fund
1856sufficient with other revenues of the turnpike system to pay the
1857cost of maintaining, improving, repairing, and operating such
1858turnpike system; to pay the principal of and interest on all
1859bonds issued to finance or refinance any portion of the turnpike
1860system as the same become due and payable; and to create
1861reserves for all such purposes.
1862     (1)  In the process of effectuating toll rate increases
1863over the period 1988 through 1992, the department shall, to the
1864maximum extent feasible, equalize the toll structure, within
1865each vehicle classification, so that the per mile toll rate will
1866be approximately the same throughout the turnpike system. New
1867turnpike projects may have toll rates higher than the uniform
1868system rate where such higher toll rates are necessary to
1869qualify the project in accordance with the financial criteria in
1870the turnpike law. Such higher rates may be reduced to the
1871uniform system rate when the project is generating sufficient
1872revenues to pay the full amount of debt service and operating
1873and maintenance costs at the uniform system rate. If, after 15
1874years of opening to traffic, the annual revenue of a turnpike
1875project does not meet or exceed the annual debt service
1876requirements and operating and maintenance costs attributable to
1877such project, the department shall, to the maximum extent
1878feasible, establish a toll rate for the project which is higher
1879than the uniform system rate as necessary to meet such annual
1880debt service requirements and operating and maintenance costs.
1881The department may, to the extent feasible, establish a
1882temporary toll rate at less than the uniform system rate for the
1883purpose of building patronage for the ultimate benefit of the
1884turnpike system. In no case shall the temporary rate be
1885established for more than 1 year. The requirements of this
1886subsection shall not apply when the application of such
1887requirements would violate any covenant established in a
1888resolution or trust indenture relating to the issuance of
1889turnpike bonds.
1890     (1)(2)  Notwithstanding any other provision of law, the
1891department may defer the scheduled July 1, 1993, toll rate
1892increase on the Homestead Extension of the Florida Turnpike
1893until July 1, 1995. The department may also advance funds to the
1894Turnpike General Reserve Trust Fund to replace estimated lost
1895revenues resulting from this deferral. The amount advanced must
1896be repaid within 12 years from the date of advance; however, the
1897repayment is subordinate to all other debt financing of the
1898turnpike system outstanding at the time repayment is due.
1899     (2)(3)  The department shall publish a proposed change in
1900the toll rate for the use of an existing toll facility, in the
1901manner provided for in s. 120.54, which will provide for public
1902notice and the opportunity for a public hearing before the
1903adoption of the proposed rate change. When the department is
1904evaluating a proposed turnpike toll project under s. 338.223 and
1905has determined that there is a high probability that the project
1906will pass the test of economic feasibility predicated on
1907proposed toll rates, the toll rate that is proposed to be
1908charged after the project is constructed must be adopted during
1909the planning and project development phase of the project, in
1910the manner provided for in s. 120.54, including public notice
1911and the opportunity for a public hearing. For such a new
1912project, the toll rate becomes effective upon the opening of the
1913project to traffic.
1914     (3)(a)(4)  For the period July 1, 1998, through June 30,
19152017, the department shall, to the maximum extent feasible,
1916program sufficient funds in the tentative work program such that
1917the percentage of turnpike toll and bond financed commitments in
1918Dade County, Broward County, and Palm Beach County as compared
1919to total turnpike toll and bond financed commitments shall be at
1920least 90 percent of the share of net toll collections
1921attributable to users of the turnpike system in Dade County,
1922Broward County, and Palm Beach County as compared to total net
1923toll collections attributable to users of the turnpike system.
1924The requirements of this subsection do not apply when the
1925application of such requirements would violate any covenant
1926established in a resolution or trust indenture relating to the
1927issuance of turnpike bonds. The department at any time for
1928economic considerations may establish lower temporary toll rates
1929for a new or existing toll facility for a period not to exceed 1
1930year, after which the toll rates promulgated under s. 120.54
1931shall become effective.
1932     (b)  The department shall also fix, adjust, charge, and
1933collect such amounts needed to cover the costs of administering
1934the different toll collection and payment methods and types of
1935accounts being offered and utilized, in the manner provided for
1936in s. 120.54, which will provide for public notice and the
1937opportunity for a public hearing before adoption. Such amounts
1938may stand alone, or be incorporated in a toll rate structure, or
1939be a combination thereof.
1940     (4)(5)  When bonds are outstanding which have been issued
1941to finance or refinance any turnpike project, the tolls and all
1942other revenues derived from the turnpike system and pledged to
1943such bonds shall be set aside as may be provided in the
1944resolution authorizing the issuance of such bonds or the trust
1945agreement securing the same. The tolls or other revenues or
1946other moneys so pledged and thereafter received by the
1947department are immediately subject to the lien of such pledge
1948without any physical delivery thereof or further act. The lien
1949of any such pledge is valid and binding as against all parties
1950having claims of any kind in tort or contract or otherwise
1951against the department irrespective of whether such parties have
1952notice thereof. Neither the resolution nor any trust agreement
1953by which a pledge is created need be filed or recorded except in
1954the records of the department.
1955     (5)(6)  In each fiscal year while any of the bonds of the
1956Broward County Expressway Authority series 1984 and series 1986-
1957A remain outstanding, the department is authorized to pledge
1958revenues from the turnpike system to the payment of principal
1959and interest of such series of bonds and the operation and
1960maintenance expenses of the Sawgrass Expressway, to the extent
1961gross toll revenues of the Sawgrass Expressway are insufficient
1962to make such payments. The terms of an agreement relative to the
1963pledge of turnpike system revenue will be negotiated with the
1964parties of the 1984 and 1986 Broward County Expressway Authority
1965lease-purchase agreements, and subject to the covenants of those
1966agreements. The agreement shall establish that the Sawgrass
1967Expressway shall be subject to the planning, management, and
1968operating control of the department limited only by the terms of
1969the lease-purchase agreements. The department shall provide for
1970the payment of operation and maintenance expenses of the
1971Sawgrass Expressway until such agreement is in effect. This
1972pledge of turnpike system revenues shall be subordinate to the
1973debt service requirements of any future issue of turnpike bonds,
1974the payment of turnpike system operation and maintenance
1975expenses, and subject to provisions of any subsequent resolution
1976or trust indenture relating to the issuance of such turnpike
1977bonds.
1978     (6)(7)  The use and disposition of revenues pledged to
1979bonds are subject to the provisions of ss. 338.22-338.241 and
1980such regulations as the resolution authorizing the issuance of
1981such bonds or such trust agreement may provide.
1982     Section 30.  Subsection (4) of section 339.12, Florida
1983Statutes, is amended to read:
1984     339.12  Aid and contributions by governmental entities for
1985department projects; federal aid.--
1986     (4)(a)  Prior to accepting the contribution of road bond
1987proceeds, time warrants, or cash for which reimbursement is
1988sought, the department shall enter into agreements with the
1989governing body of the governmental entity for the project or
1990project phases in accordance with specifications agreed upon
1991between the department and the governing body of the
1992governmental entity. The department in no instance is to receive
1993from such governmental entity an amount in excess of the actual
1994cost of the project or project phase. By specific provision in
1995the written agreement between the department and the governing
1996body of the governmental entity, the department may agree to
1997reimburse the governmental entity for the actual amount of the
1998bond proceeds, time warrants, or cash used on a highway project
1999or project phases that are not revenue producing and are
2000contained in the department's adopted work program, or any
2001public transportation project contained in the adopted work
2002program. Subject to appropriation of funds by the Legislature,
2003the department may commit state funds for reimbursement of such
2004projects or project phases. Reimbursement to the governmental
2005entity for such a project or project phase must be made from
2006funds appropriated by the Legislature, and reimbursement for the
2007cost of the project or project phase is to begin in the year the
2008project or project phase is scheduled in the work program as of
2009the date of the agreement. Funds advanced pursuant to this
2010section, which were originally designated for transportation
2011purposes and so reimbursed to a county or municipality, shall be
2012used by the county or municipality for any transportation
2013expenditure authorized under s. 336.025(7). Also, cities and
2014counties may receive funds from persons, and reimburse those
2015persons, for the purposes of this section. Such persons may
2016include, but are not limited to, those persons defined in s.
2017607.01401(19).
2018     (b)  Prior to entering an agreement to advance a project or
2019project phase pursuant to this subsection and subsection (5),
2020the department shall first update the estimated cost of the
2021project or project phase and certify that the estimate is
2022accurate and consistent with the amount estimated in the adopted
2023work program. If the original estimate and the updated estimate
2024vary, the department shall amend the adopted work program
2025according to the amendatory procedures for the work program set
2026forth in s. 339.135(7). The amendment shall reflect all
2027corresponding increases and decreases to the affected projects
2028within the adopted work program.
2029     (c)  The department may enter into agreements under this
2030subsection for a project or project phase not included in the
2031adopted work program. As used in this paragraph, the term
2032"project phase" means acquisition of rights-of-way,
2033construction, construction inspection, and related support
2034phases. The project or project phase must be a high priority of
2035the governmental entity. Reimbursement for a project or project
2036phase must be made from funds appropriated by the Legislature
2037pursuant to s. 339.135(5). All other provisions of this
2038subsection apply to agreements entered into under this
2039paragraph. The total amount of project agreements for projects
2040or project phases not included in the adopted work program
2041authorized by this paragraph may not at any time exceed $500
2042$100 million, of which a maximum of $200 million may be related
2043to the purchase of rights-of-way. However, notwithstanding such
2044$500 $100 million limit and any similar limit in s. 334.30,
2045project advances for any inland county with a population greater
2046than 500,000 dedicating amounts equal to $500 million or more of
2047its Local Government Infrastructure Surtax pursuant to s.
2048212.055(2) for improvements to the State Highway System which
2049are included in the local metropolitan planning organization's
2050or the department's long-range transportation plans shall be
2051excluded from the calculation of the statewide limit of project
2052advances.
2053     (d)  The department may enter into agreements under this
2054subsection with any county that has a population of 150,000 or
2055less as determined by the most recent official estimate pursuant
2056to s. 186.901 for a project or project phase not included in the
2057adopted work program. As used in this paragraph, the term
2058"project phase" means acquisition of rights-of-way,
2059construction, construction inspection, and related support
2060phases. The project or project phase must be a high priority of
2061the governmental entity. Reimbursement for a project or project
2062phase must be made from funds appropriated by the Legislature
2063pursuant to s. 339.135(5). All other provisions of this
2064subsection apply to agreements entered into under this
2065paragraph. The total amount of project agreements for projects
2066or project phases not included in the adopted work program
2067authorized by this paragraph may not at any time exceed $200
2068million. The project must be included in the local government's
2069adopted comprehensive plan. The department is authorized to
2070enter into long-term repayment agreements of up to 30 years.
2071     Section 31.  Paragraphs (c) and (d) of subsection (7) of
2072section 339.135, Florida Statutes, are amended to read:
2073     339.135  Work program; legislative budget request;
2074definitions; preparation, adoption, execution, and amendment.--
2075     (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
2076     (c)  The department may amend the adopted work program to
2077transfer fixed capital outlay appropriations for projects within
2078the same appropriations category or between appropriations
2079categories, including the following amendments which shall be
2080subject to the procedures in paragraph (d):
2081     1.  Any amendment which deletes any project or project
2082phase;
2083     2.  Any amendment which adds a project estimated to cost
2084over $500,000 $150,000 in funds appropriated by the Legislature;
2085     3.  Any amendment which advances or defers to another
2086fiscal year, a right-of-way phase, a construction phase, or a
2087public transportation project phase estimated to cost over
2088$500,000 in funds appropriated by the Legislature, except an
2089amendment advancing a phase to the current fiscal year by 1
2090fiscal year or deferring a phase for a period of 90 days or
2091less; or
2092     4.  Any amendment which advances or defers to another
2093fiscal year, any preliminary engineering phase or design phase
2094estimated to cost over $500,000 $150,000 in funds appropriated
2095by the Legislature, except an amendment advancing a phase to the
2096current fiscal year by 1 fiscal year or deferring a phase for a
2097period of 90 days or less.
2098     (d)1.  Whenever the department proposes any amendment to
2099the adopted work program, as defined in subparagraph (c)1. or
2100subparagraph (c)3., which deletes or defers a construction phase
2101on a capacity project, it shall notify each county affected by
2102the amendment and each municipality within the county. The
2103notification shall be issued in writing to the chief elected
2104official of each affected county, each municipality within the
2105county, and to the chair of each affected metropolitan planning
2106organization. Each affected county and each municipality within
2107a county are encouraged to coordinate with one another to
2108determine how the amendment impacts local concurrency management
2109and regional transportation planning efforts. Each affected
2110county and each municipality within the county shall have 14
2111calendar days to provide written comments to the department
2112regarding how the amendment will impact its respective
2113concurrency management systems, including whether any
2114development permits were issued contingent upon the capacity
2115improvement, if applicable. After receipt of written comments
2116from the affected local governments, the department shall
2117include any written comments submitted by the affected local
2118governments in its preparation of the proposed amendment.
2119     2.  Following the 14-day comment period in subparagraph 1.,
2120if applicable, whenever the department proposes any amendment to
2121the adopted work program, which amendment is defined in
2122subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
2123subparagraph (c)4., it shall submit the proposed amendment to
2124the Governor for approval and shall immediately notify the
2125chairs of the legislative appropriations committees, the chairs
2126of the legislative transportation committees, and each member of
2127the Legislature who represents a district affected by the
2128proposed amendment. The department shall also notify, each
2129metropolitan planning organization affected by the proposed
2130amendment, and each unit of local government affected by the
2131proposed amendment unless the department provided to each
2132organization or government the notification required in
2133subparagraph 1. Such proposed amendment shall provide a complete
2134justification of the need for the proposed amendment.
2135     3.2.  The Governor shall not approve a proposed amendment
2136until 14 days following the notification required in
2137subparagraph 2. 1.
2138     4.3.  If either of the chairs of the legislative
2139appropriations committees or the President of the Senate or the
2140Speaker of the House of Representatives objects in writing to a
2141proposed amendment within 14 days following notification and
2142specifies the reasons for such objection, the Governor shall
2143disapprove the proposed amendment.
2144     Section 32.  Section 339.155, Florida Statutes, is amended
2145to read:
2146     339.155  Transportation planning.--
2147     (1)  THE FLORIDA TRANSPORTATION PLAN.--The department shall
2148develop and annually update a statewide transportation plan, to
2149be known as the Florida Transportation Plan. The plan shall be
2150designed so as to be easily read and understood by the general
2151public. The purpose of the Florida Transportation Plan is to
2152establish and define the state's long-range transportation goals
2153and objectives to be accomplished over a period of at least 20
2154years within the context of the State Comprehensive Plan, and
2155any other statutory mandates and authorizations and based upon
2156the prevailing principles of: preserving the existing
2157transportation infrastructure; enhancing Florida's economic
2158competitiveness; and improving travel choices to ensure
2159mobility. The Florida Transportation Plan shall consider the
2160needs of the entire state transportation system and examine the
2161use of all modes of transportation to effectively and
2162efficiently meet such needs.
2163     (2)  SCOPE OF PLANNING PROCESS.--The department shall carry
2164out a transportation planning process in conformance with s.
2165334.046(1). which provides for consideration of projects and
2166strategies that will:
2167     (a)  Support the economic vitality of the United States,
2168Florida, and the metropolitan areas, especially by enabling
2169global competitiveness, productivity, and efficiency;
2170     (b)  Increase the safety and security of the transportation
2171system for motorized and nonmotorized users;
2172     (c)  Increase the accessibility and mobility options
2173available to people and for freight;
2174     (d)  Protect and enhance the environment, promote energy
2175conservation, and improve quality of life;
2176     (e)  Enhance the integration and connectivity of the
2177transportation system, across and between modes throughout
2178Florida, for people and freight;
2179     (f)  Promote efficient system management and operation; and
2180     (g)  Emphasize the preservation of the existing
2181transportation system.
2182     (3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida
2183Transportation Plan shall be a unified, concise planning
2184document that clearly defines the state's long-range
2185transportation goals and objectives and documents the
2186department's short-range objectives developed to further such
2187goals and objectives. The plan shall:
2188     (a)  Include a glossary that clearly and succinctly defines
2189any and all phrases, words, or terms of art included in the
2190plan, with which the general public may be unfamiliar. and shall
2191consist of, at a minimum, the following components:
2192     (b)(a)  Document A long-range component documenting the
2193goals and long-term objectives necessary to implement the
2194results of the department's findings from its examination of the
2195prevailing principles and criteria provided under listed in
2196subsection (2) and s. 334.046(1). The long-range component must
2197     (c)  Be developed in cooperation with the metropolitan
2198planning organizations and reconciled, to the maximum extent
2199feasible, with the long-range plans developed by metropolitan
2200planning organizations pursuant to s. 339.175. The plan must
2201also
2202     (d)  Be developed in consultation with affected local
2203officials in nonmetropolitan areas and with any affected Indian
2204tribal governments. The plan must
2205     (e)  Provide an examination of transportation issues likely
2206to arise during at least a 20-year period. The long-range
2207component shall
2208     (f)  Be updated at least once every 5 years, or more often
2209as necessary, to reflect substantive changes to federal or state
2210law.
2211     (b)  A short-range component documenting the short-term
2212objectives and strategies necessary to implement the goals and
2213long-term objectives contained in the long-range component. The
2214short-range component must define the relationship between the
2215long-range goals and the short-range objectives, specify those
2216objectives against which the department's achievement of such
2217goals will be measured, and identify transportation strategies
2218necessary to efficiently achieve the goals and objectives in the
2219plan. It must provide a policy framework within which the
2220department's legislative budget request, the strategic
2221information resource management plan, and the work program are
2222developed. The short-range component shall serve as the
2223department's annual agency strategic plan pursuant to s.
2224186.021. The short-range component shall be developed consistent
2225with available and forecasted state and federal funds. The
2226short-range component shall also be submitted to the Florida
2227Transportation Commission.
2228     (4)  ANNUAL PERFORMANCE REPORT.--The department shall
2229develop an annual performance report evaluating the operation of
2230the department for the preceding fiscal year. The report shall
2231also include a summary of the financial operations of the
2232department and shall annually evaluate how well the adopted work
2233program meets the short-term objectives contained in the short-
2234range component of the Florida Transportation Plan. This
2235performance report shall be submitted to the Florida
2236Transportation Commission and the legislative appropriations and
2237transportation committees.
2238     (4)(5)  ADDITIONAL TRANSPORTATION PLANS.--
2239     (a)  Upon request by local governmental entities, the
2240department may in its discretion develop and design
2241transportation corridors, arterial and collector streets,
2242vehicular parking areas, and other support facilities which are
2243consistent with the plans of the department for major
2244transportation facilities. The department may render to local
2245governmental entities or their planning agencies such technical
2246assistance and services as are necessary so that local plans and
2247facilities are coordinated with the plans and facilities of the
2248department.
2249     (b)  Each regional planning council, as provided for in s.
2250186.504, or any successor agency thereto, shall develop, as an
2251element of its strategic regional policy plan, transportation
2252goals and policies. The transportation goals and policies must
2253be prioritized to comply with the prevailing principles provided
2254in subsection (2) and s. 334.046(1). The transportation goals
2255and policies shall be consistent, to the maximum extent
2256feasible, with the goals and policies of the metropolitan
2257planning organization and the Florida Transportation Plan. The
2258transportation goals and policies of the regional planning
2259council will be advisory only and shall be submitted to the
2260department and any affected metropolitan planning organization
2261for their consideration and comments. Metropolitan planning
2262organization plans and other local transportation plans shall be
2263developed consistent, to the maximum extent feasible, with the
2264regional transportation goals and policies. The regional
2265planning council shall review urbanized area transportation
2266plans and any other planning products stipulated in s. 339.175
2267and provide the department and respective metropolitan planning
2268organizations with written recommendations which the department
2269and the metropolitan planning organizations shall take under
2270advisement. Further, the regional planning councils shall
2271directly assist local governments which are not part of a
2272metropolitan area transportation planning process in the
2273development of the transportation element of their comprehensive
2274plans as required by s. 163.3177.
2275     (c)  Regional transportation plans may be developed in
2276regional transportation areas in accordance with an interlocal
2277agreement entered into pursuant to s. 163.01 by two or more
2278contiguous metropolitan planning organizations; one or more
2279metropolitan planning organizations and one or more contiguous
2280counties, none of which is a member of a metropolitan planning
2281organization; a multicounty regional transportation authority
2282created by or pursuant to law; two or more contiguous counties
2283that are not members of a metropolitan planning organization; or
2284metropolitan planning organizations comprised of three or more
2285counties.
2286     (d)  The interlocal agreement must, at a minimum, identify
2287the entity that will coordinate the development of the regional
2288transportation plan; delineate the boundaries of the regional
2289transportation area; provide the duration of the agreement and
2290specify how the agreement may be terminated, modified, or
2291rescinded; describe the process by which the regional
2292transportation plan will be developed; and provide how members
2293of the entity will resolve disagreements regarding
2294interpretation of the interlocal agreement or disputes relating
2295to the development or content of the regional transportation
2296plan. Such interlocal agreement shall become effective upon its
2297recordation in the official public records of each county in the
2298regional transportation area.
2299     (e)  The regional transportation plan developed pursuant to
2300this section must, at a minimum, identify regionally significant
2301transportation facilities located within a regional
2302transportation area and contain a prioritized list of regionally
2303significant projects. The level-of-service standards for
2304facilities to be funded under this subsection shall be adopted
2305by the appropriate local government in accordance with s.
2306163.3180(10). The projects shall be adopted into the capital
2307improvements schedule of the local government comprehensive plan
2308pursuant to s. 163.3177(3).
2309     (5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
2310TRANSPORTATION PLANNING.--
2311     (a)  During the development of the long-range component of
2312the Florida Transportation Plan and prior to substantive
2313revisions, the department shall provide citizens, affected
2314public agencies, representatives of transportation agency
2315employees, other affected employee representatives, private
2316providers of transportation, and other known interested parties
2317with an opportunity to comment on the proposed plan or
2318revisions. These opportunities shall include, at a minimum,
2319publishing a notice in the Florida Administrative Weekly and
2320within a newspaper of general circulation within the area of
2321each department district office.
2322     (b)  During development of major transportation
2323improvements, such as those increasing the capacity of a
2324facility through the addition of new lanes or providing new
2325access to a limited or controlled access facility or
2326construction of a facility in a new location, the department
2327shall hold one or more hearings prior to the selection of the
2328facility to be provided; prior to the selection of the site or
2329corridor of the proposed facility; and prior to the selection of
2330and commitment to a specific design proposal for the proposed
2331facility. Such public hearings shall be conducted so as to
2332provide an opportunity for effective participation by interested
2333persons in the process of transportation planning and site and
2334route selection and in the specific location and design of
2335transportation facilities. The various factors involved in the
2336decision or decisions and any alternative proposals shall be
2337clearly presented so that the persons attending the hearing may
2338present their views relating to the decision or decisions which
2339will be made.
2340     (c)  Opportunity for design hearings:
2341     1.  The department, prior to holding a design hearing,
2342shall duly notify all affected property owners of record, as
2343recorded in the property appraiser's office, by mail at least 20
2344days prior to the date set for the hearing. The affected
2345property owners shall be:
2346     a.  Those whose property lies in whole or in part within
2347300 feet on either side of the centerline of the proposed
2348facility.
2349     b.  Those whom the department determines will be
2350substantially affected environmentally, economically, socially,
2351or safetywise.
2352     2.  For each subsequent hearing, the department shall
2353publish notice prior to the hearing date in a newspaper of
2354general circulation for the area affected. These notices must be
2355published twice, with the first notice appearing at least 15
2356days, but no later than 30 days, before the hearing.
2357     3.  A copy of the notice of opportunity for the hearing
2358must be furnished to the United States Department of
2359Transportation and to the appropriate departments of the state
2360government at the time of publication.
2361     4.  The opportunity for another hearing shall be afforded
2362in any case when proposed locations or designs are so changed
2363from those presented in the notices specified above or at a
2364hearing as to have a substantially different social, economic,
2365or environmental effect.
2366     5.  The opportunity for a hearing shall be afforded in each
2367case in which the department is in doubt as to whether a hearing
2368is required.
2369     Section 33.  Subsection (3) and paragraphs (b) and (c) of
2370subsection (4) of section 339.2816, Florida Statutes, are
2371amended to read:
2372     339.2816  Small County Road Assistance Program.--
2373     (3)  Beginning with fiscal year 1999-2000 until fiscal year
23742009-2010, and beginning again with fiscal year 2012-2013, up to
2375$25 million annually from the State Transportation Trust Fund
2376may be used for the purposes of funding the Small County Road
2377Assistance Program as described in this section.
2378     (4)
2379     (b)  In determining a county's eligibility for assistance
2380under this program, the department may consider whether the
2381county has attempted to keep county roads in satisfactory
2382condition, including the amount of local option fuel tax and ad
2383valorem millage rate imposed by the county. The department may
2384also consider the extent to which the county has offered to
2385provide a match of local funds with state funds provided under
2386the program. At a minimum, small counties shall be eligible only
2387if:
2388     1.  The county has enacted the maximum rate of the local
2389option fuel tax authorized by s. 336.025(1)(a)., and has imposed
2390an ad valorem millage rate of at least 8 mills; or
2391     2.  The county has imposed an ad valorem millage rate of 10
2392mills.
2393     (c)  The following criteria shall be used to prioritize
2394road projects for funding under the program:
2395     1.  The primary criterion is the physical condition of the
2396road as measured by the department.
2397     2.  As secondary criteria the department may consider:
2398     a.  Whether a road is used as an evacuation route.
2399     b.  Whether a road has high levels of agricultural travel.
2400     c.  Whether a road is considered a major arterial route.
2401     d.  Whether a road is considered a feeder road.
2402     e.  Whether a road is located in a fiscally constrained
2403county, as defined in s. 218.67(1).
2404     f.e.  Other criteria related to the impact of a project on
2405the public road system or on the state or local economy as
2406determined by the department.
2407     Section 34.  Subsections (1) and (3) of section 339.2819,
2408Florida Statutes, are amended to read:
2409     339.2819  Transportation Regional Incentive Program.--
2410     (1)  There is created within the Department of
2411Transportation a Transportation Regional Incentive Program for
2412the purpose of providing funds to improve regionally significant
2413transportation facilities in regional transportation areas
2414created pursuant to s. 339.155(4)(5).
2415     (3)  The department shall allocate funding available for
2416the Transportation Regional Incentive Program to the districts
2417based on a factor derived from equal parts of population and
2418motor fuel collections for eligible counties in regional
2419transportation areas created pursuant to s. 339.155(4)(5).
2420     Section 35.  Subsection (6) of section 339.285, Florida
2421Statutes, is amended to read:
2422     339.285  Enhanced Bridge Program for Sustainable
2423Transportation.--
2424     (6)  Preference shall be given to bridge projects located
2425on corridors that connect to the Strategic Intermodal System,
2426created under s. 339.64, and that have been identified as
2427regionally significant in accordance with s. 339.155(4)(5)(c),
2428(d), and (e).
2429     Section 36.  Subsections (8), (9), (10), (11), (12), (13),
2430and (14) are added to section 341.301, Florida Statutes, to
2431read:
2432     341.301  Definitions; ss. 341.302 and 341.303.--As used in
2433ss. 341.302 and 341.303, the term:
2434     (8)  "Commuter rail passenger or passengers" means and
2435includes any and all persons, ticketed or unticketed, using the
2436commuter rail service on a department owned rail corridor:
2437     (a)  On board trains, locomotives, rail cars, or rail
2438equipment employed in commuter rail service or entraining and
2439detraining therefrom;
2440     (b)  On or about the rail corridor for any purpose related
2441to the commuter rail service, including, without limitation,
2442parking, inquiring about commuter rail service or purchasing
2443tickets therefor and coming to, waiting for, leaving from, or
2444observing trains, locomotives, rail cars, or rail equipment; or
2445     (c)  Meeting, assisting, or in the company of any person
2446described in paragraph (a) or paragraph (b).
2447     (9)  "Commuter rail service" means the transportation of
2448commuter rail passengers and other passengers by rail pursuant
2449to a rail program provided by the department or any other
2450governmental entities.
2451     (10)  "Rail corridor invitee" means and includes any and
2452all persons who are on or about a department-owned rail
2453corridor:
2454     (a)  For any purpose related to any ancillary development
2455thereon; or
2456     (b)  Meeting, assisting, or in the company of any person
2457described in paragraph (a).
2458     (11)  "Rail corridor" means a linear contiguous strip of
2459real property that is used for rail service. The term includes
2460the corridor and structures essential to the operation of a
2461railroad, including the land, structures, improvements, rights-
2462of-way, easements, rail lines, rail beds, guideway structures,
2463switches, yards, parking facilities, power relays, switching
2464houses, rail stations, ancillary development, and any other
2465facilities or equipment used for the purposes of construction,
2466operation, or maintenance of a railroad that provides rail
2467service.
2468     (12)  "Railroad operations" means the use of the rail
2469corridor to conduct commuter rail service, intercity rail
2470passenger service, or freight rail service.
2471     (13)  "Ancillary development" includes any lessee or
2472licensee of the department, including, but not limited to, other
2473governmental entities, vendors, retailers, restaurateurs, or
2474contract service providers, within a department-owned rail
2475corridor, except for providers of commuter rail service,
2476intercity rail passenger service, or freight rail service.
2477     (14)  "Governmental entity or entities" means as defined in
2478s. 11.45, including a "public agency" as defined in s. 163.01.
2479     Section 37.  Section 341.302, Florida Statutes, is amended
2480to read:
2481     341.302  Rail program, duties and responsibilities of the
2482department.--The department, in conjunction with other
2483governmental entities units and the private sector, shall
2484develop and implement a rail program of statewide application
2485designed to ensure the proper maintenance, safety,
2486revitalization, and expansion of the rail system to assure its
2487continued and increased availability to respond to statewide
2488mobility needs. Within the resources provided pursuant to
2489chapter 216, and as authorized under federal law Title 49 C.F.R.
2490part 212, the department shall:
2491     (1)  Provide the overall leadership, coordination, and
2492financial and technical assistance necessary to assure the
2493effective responses of the state's rail system to current and
2494anticipated mobility needs.
2495     (2)  Promote and facilitate the implementation of advanced
2496rail systems, including high-speed rail and magnetic levitation
2497systems.
2498     (3)  Develop and periodically update the rail system plan,
2499on the basis of an analysis of statewide transportation needs.
2500The plan shall be consistent with the Florida Transportation
2501Plan developed pursuant to s. 339.155. The rail system plan
2502shall include an identification of priorities, programs, and
2503funding levels required to meet statewide needs. The rail system
2504plan shall be developed in a manner that will assure the maximum
2505use of existing facilities and the optimum integration and
2506coordination of the various modes of transportation, public and
2507private, in the most cost-effective manner possible. The rail
2508system plan shall be updated at least every 2 years and include
2509plans for both passenger rail service and freight rail service.
2510     (4)  As part of the work program of the department,
2511formulate a specific program of projects and financing to
2512respond to identified railroad needs.
2513     (5)  Provide technical and financial assistance to units of
2514local government to address identified rail transportation
2515needs.
2516     (6)  Secure and administer federal grants, loans, and
2517apportionments for rail projects within this state when
2518necessary to further the statewide program.
2519     (7)  Develop and administer state standards concerning the
2520safety and performance of rail systems, hazardous material
2521handling, and operations. Such standards shall be developed
2522jointly with representatives of affected rail systems, with full
2523consideration given to nationwide industry norms, and shall
2524define the minimum acceptable standards for safety and
2525performance.
2526     (8)  Conduct, at a minimum, inspections of track and
2527rolling stock; train signals and related equipment; hazardous
2528materials transportation, including the loading, unloading, and
2529labeling of hazardous materials at shippers', receivers', and
2530transfer points; and train operating practices to determine
2531adherence to state and federal standards. Department personnel
2532may enforce any safety regulation issued under the Federal
2533Government's preemptive authority over interstate commerce.
2534     (9)  Assess penalties, in accordance with the applicable
2535federal regulations, for the failure to adhere to the state
2536standards.
2537     (10)  Administer rail operating and construction programs,
2538which programs shall include the regulation of maximum train
2539operating speeds, the opening and closing of public grade
2540crossings, the construction and rehabilitation of public grade
2541crossings, and the installation of traffic control devices at
2542public grade crossings, the administering of the programs by the
2543department including participation in the cost of the programs.
2544     (11)  Coordinate and facilitate the relocation of railroads
2545from congested urban areas to nonurban areas when relocation has
2546been determined feasible and desirable from the standpoint of
2547safety, operational efficiency, and economics.
2548     (12)  Implement a program of branch line continuance
2549projects when an analysis of the industrial and economic
2550potential of the line indicates that public involvement is
2551required to preserve essential rail service and facilities.
2552     (13)  Provide new rail service and equipment when:
2553     (a)  Pursuant to the transportation planning process, a
2554public need has been determined to exist;
2555     (b)  The cost of providing such service does not exceed the
2556sum of revenues from fares charged to users, services purchased
2557by other public agencies, local fund participation, and specific
2558legislative appropriation for this purpose; and
2559     (c)  Service cannot be reasonably provided by other
2560governmental or privately owned rail systems.
2561
2562The department may own, lease, and otherwise encumber
2563facilities, equipment, and appurtenances thereto, as necessary
2564to provide new rail services; or the department may provide such
2565service by contracts with privately owned service providers.
2566     (14)  Furnish required emergency rail transportation
2567service if no other private or public rail transportation
2568operation is available to supply the required service and such
2569service is clearly in the best interest of the people in the
2570communities being served. Such emergency service may be
2571furnished through contractual arrangement, actual operation of
2572state-owned equipment and facilities, or any other means
2573determined appropriate by the secretary.
2574     (15)  Assist in the development and implementation of
2575marketing programs for rail services and of information systems
2576directed toward assisting rail systems users.
2577     (16)  Conduct research into innovative or potentially
2578effective rail technologies and methods and maintain expertise
2579in state-of-the-art rail developments.
2580     (17)  In conjunction with the acquisition, ownership,
2581construction, operation, maintenance, and management of a rail
2582corridor, have the authority to:
2583     (a)  Assume the obligation by contract to forever protect,
2584defend, and indemnify and hold harmless the freight rail
2585operator, or its successors, from whom the department has
2586acquired a real property interest in the rail corridor, and that
2587freight rail operator's officers, agents, and employees, from
2588and against any liability, cost, and expense including, but not
2589limited to, commuter rail passengers, rail corridor invitees,
2590and trespassers in the rail corridor, regardless of whether the
2591loss, damage, destruction, injury, or death giving rise to any
2592such liability, cost, or expense is caused in whole or in part
2593and to whatever nature or degree by the fault, failure,
2594negligence, misconduct, nonfeasance, or misfeasance of such
2595freight rail operator, its successors, or its officers, agents,
2596and employees, or any other person or persons whomsoever,
2597provided that such assumption of liability of the department by
2598contract shall not in any instance exceed the following
2599parameters of allocation of risk:
2600     1.  The department may be solely responsible for any loss,
2601injury, or damage to commuter rail passengers, rail corridor
2602invitees, or trespassers, regardless of circumstances or cause,
2603subject to subparagraphs 2., 3., and 4.
2604     2.  When only one train is involved in an incident, the
2605department may be solely responsible for any loss, injury, or
2606damage if the train is a department train or other train
2607pursuant to paragraph 3., but only if in an instance when only a
2608freight rail operator train is involved the freight rail
2609operator is solely responsible for any loss, injury, or damage,
2610except for commuter rail passengers, rail corridor invitees, and
2611trespassers; and, the freight rail operator is solely
2612responsible for its property and all of its people in any
2613instance when its train is involved in an incident.
2614     3.  For the purposes of this subsection any train involved
2615in an incident that is neither the department's train nor the
2616freight rail operator's train, hereinafter referred to in this
2617subsection as an "other train," may be treated as a department
2618train, solely for purposes of any allocation of liability
2619between the department and the freight rail operator only, but
2620only if the department and the freight rail operator share
2621responsibility equally as to third parties outside the rail
2622corridor who incur loss, injury, or damage as a result of any
2623incident involving both a department train and a freight rail
2624operator train; and, the allocation as between the department
2625and the freight rail operator, regardless of whether the other
2626train is treated as a department train, shall remain one-half
2627each as to third parties outside the rail corridor who incur
2628loss, injury, or damage as a result of the incident, and the
2629involvement of any other train shall not alter the sharing of
2630equal responsibility as to third parties outside the rail
2631corridor who incur loss, injury, or damage as a result of the
2632incident.
2633     4.  When more than one train is involved in an incident:
2634     a.  If only a department train and a freight rail
2635operator's train, or only another train as described in
2636subparagraph 3. and a freight rail operator's train, are
2637involved in an incident, the department may be responsible for
2638its property and all of its people, all commuter rail
2639passengers, rail corridor invitees, and trespassers, but only if
2640the freight rail operator is responsible for its property and
2641all of its people; and the department and the freight rail
2642operator share responsibility one-half each as to third parties
2643outside the rail corridor who incur loss, injury, or damage as a
2644result of the incident.
2645     b.  If a department train, a freight rail operator train,
2646and any other train are involved in an incident, the allocation
2647of liability as between the department and the freight rail
2648operator, regardless of whether the other train is treated as a
2649department train, shall remain one-half each as to third parties
2650outside the rail corridor who incur loss, injury, or damage as a
2651result of the incident; the involvement of any other train shall
2652not alter the sharing of equal responsibility as to third
2653parties outside the rail corridor who incur loss, injury, or
2654damage as a result of the incident; and, if the owner, operator,
2655or insurer of the other train makes any payment to injured third
2656parties outside the rail corridor who incur loss, injury, or
2657damage as a result of the incident, the allocation of credit
2658between the department and the freight rail operator as to such
2659payment shall not in any case reduce the freight rail operator's
2660third party sharing allocation of one-half under this paragraph
2661to less than one-third of the total third party liability.
2662     5.  Any such contractual duty to protect, defend,
2663indemnify, and hold harmless such a freight rail operator shall
2664expressly: include a specific cap on the amount of the
2665contractual duty, which amount shall not exceed $200 million
2666without prior legislative approval; require the department to
2667purchase liability insurance and establish a self-insurance
2668retention fund in the amount of the specific cap established
2669under this paragraph; provide that no such contractual duty
2670shall in any case be effective nor otherwise extend the
2671department's liability in scope and effect beyond the
2672contractual liability insurance and self-insurance retention
2673fund required pursuant to this paragraph; and provide that the
2674freight rail operator's compensation to the department for
2675future use of the department's rail corridor shall include a
2676monetary contribution to the cost of such liability coverage for
2677the sole benefit of the freight rail operator.
2678     (b)  Purchase liability insurance which amount shall not
2679exceed $200 million and establish a self-insurance retention
2680fund for the purpose of paying the deductible limit established
2681in the insurance policies it may obtain, including coverage for
2682the department, any freight rail operator as described in
2683paragraph (a), commuter rail service providers, governmental
2684entities, or ancillary development; however, the insureds shall
2685pay a reasonable monetary contribution to the cost of such
2686liability coverage for the sole benefit of the insured. Such
2687insurance and self-insurance retention fund may provide coverage
2688for all damages, including, but not limited to, compensatory,
2689special, and exemplary, and be maintained to provide an adequate
2690fund to cover claims and liabilities for loss, injury, or damage
2691arising out of or connected with the ownership, operation,
2692maintenance, and management of a rail corridor.
2693     (c)  Incur expenses for the purchase of advertisements,
2694marketing, and promotional items.
2695
2696Neither the assumption by contract to protect, defend,
2697indemnify, and hold harmless; the purchase of insurance; nor the
2698establishment of a self-insurance retention fund shall be deemed
2699to be a waiver of any defense of sovereign immunity for torts
2700nor deemed to increase the limits of the department's or the
2701governmental entity's liability for torts as provided in s.
2702768.28. The requirements of s. 287.022(1) shall not apply to the
2703purchase of any insurance hereunder. The provisions of this
2704subsection shall apply and inure fully as to any other
2705governmental entity providing commuter rail service and
2706constructing, operating, maintaining, or managing a rail
2707corridor on publicly owned right-of-way under contract by the
2708governmental entity with the department or a governmental entity
2709designated by the department.
2710     (18)(17)  Exercise such other functions, powers, and duties
2711in connection with the rail system plan as are necessary to
2712develop a safe, efficient, and effective statewide
2713transportation system.
2714     Section 38.  Section 341.3023, Florida Statutes, is created
2715to read:
2716     341.3023  Commuter rail programs and intercity rail
2717transportation system study.--
2718     (1)  The department shall undertake a comprehensive review
2719and study of commuter railroad programs and intercity railroad
2720transportation system plans and their impacts in the state
2721through 2028.
2722     (2)  The review and study shall encompass and include
2723information concerning:
2724     (a)  Commuter rail programs and intercity rail
2725transportation system facility and improvement needs and plans,
2726including those associated with connectivity to such facilities
2727and improvements, outlined or contained in, without limitation
2728thereto, the current Florida Transportation Plan developed
2729pursuant to s. 339.155(1); regional transportation plans
2730developed pursuant to s. 339.155(5); the Strategic Intermodal
2731System Plan developed pursuant to s. 339.64; the adopted work
2732plan developed pursuant to s. 339.135; long-range transportation
2733plans developed pursuant to s. 339.175(7); transportation
2734improvement plans of relevant metropolitan planning
2735organizations developed pursuant to s. 339.175(8); plans,
2736information, and studies prepared for or by the authorities
2737created in parts I, II, III, and V of chapter 343; relevant
2738studies and information previously prepared by the department
2739and the Transportation Commission; and the transportation and
2740capital improvement elements of relevant approved local
2741government comprehensive plans.
2742     (b)  A detailed review of funding in the state for commuter
2743rail programs and intercity rail transportation system
2744improvements, projects, facilities, equipment, rights-of-way,
2745operating costs, and other costs during the previous 20 years
2746from state, federal, and local government sources.
2747     (c)  An assessment of the impacts of commuter rail programs
2748and intercity rail transportation system improvements, projects,
2749and facilities that have been undertaken in the state during the
2750previous 20 years and their impact on the state, regional, and
2751local transportation system and Florida's economic development.
2752     (d)  Proposed commuter rail programs and intercity rail
2753transportation system improvements, projects, and facilities
2754throughout the state to be undertaken during the next 20 years,
2755including, based upon the best available, existing data, a
2756detailed listing of specific projects with estimates of the
2757costs of each specific project; projected timelines for such
2758improvements, projects, and facilities; and the estimated
2759priority of each such improvement, project, and facility.
2760     (e)  A map of those proposed improvements, projects, and
2761facilities.
2762     (f)  A finance plan based upon reasonable projections of
2763anticipated revenues available to the department and units of
2764local government, including both 10-year and 20-year cost-
2765feasible components, for such improvements, projects, and
2766facilities that demonstrates how or what portion of such
2767improvements, projects, and facilities can be implemented.
2768     (g)  A feasibility study of the best alternatives for
2769implementing intercity passenger railroad service between the
2770Tampa Bay region and the greater Orlando area.
2771     (h)  A proposed prioritization process, including
2772alternatives, for commuter railroad and intercity railroad
2773improvements, projects, and facilities.
2774     (i)  Funding alternatives for commuter rail programs and
2775intercity rail transportation system improvements, projects, and
2776facilities including specific resources, both public and
2777private, that are reasonably expected to be available to
2778accomplish such improvements, projects, and facilities and any
2779innovative financing techniques that might be used to fund such
2780improvements, projects, and facilities.
2781     (3)  The report shall also include detailed information and
2782findings about negative impacts caused by current, or projected
2783to be caused by proposed, commuter rail programs and intercity
2784rail transportation system projects or freight railroad traffic
2785in urban areas of the state. For the purpose of this section,
2786"negative impacts" means those caused by noise, vibration, and
2787vehicular traffic congestion and delays occurring at rail and
2788road intersections. "Urban areas" means those areas within or
2789adjacent to a municipality generally characterized by high
2790density development and building patterns, greater concentration
2791of population, and a high level and concentration of public
2792services and facilities. The Orlando commuter rail project means
2793the Central Florida Rail Corridor, a line of railroad between
2794Deland and Poinciana. The report shall include, without
2795limitation:
2796     (a)  Options and alternatives for eliminating negative
2797impacts associated with increased freight railroad traffic and
2798freight railroad congestions within urban areas resulting from
2799commuter rail programs or intercity rail transportation system
2800improvements, projects, and facilities, including specifically
2801those associated with the Orlando commuter railroad project.
2802     (b)  Proposed freight railroad improvements, projects, and
2803facilities to be undertaken in the next 20 years, including
2804those associated with the Orlando commuter railroad project, to
2805eliminate such negative impacts, including, based upon the best
2806available, existing data, a detailed listing of specific
2807projects with estimates of the costs of each specific
2808improvement, project, and facility; projected timelines for such
2809improvements, projects, and facilities; the estimated priority
2810of each such improvement, project, and facility; and the
2811benefits to public safety, economic development, and downtown
2812development and redevelopment from such improvements, projects,
2813and facilities.
2814     (c)  A map of those proposed improvements, projects, and
2815facilities.
2816     (d)  A finance plan based upon reasonable projections of
2817anticipated revenues available to the department and units of
2818local government, including both 10-year and 20-year cost-
2819feasible components, for such improvements, projects, and
2820facilities that demonstrates how or what portion of such
2821improvements, projects, and facilities can be implemented, as it
2822is the intent of the Legislature and the public policy of the
2823state that such negative impacts of commuter rail programs, and
2824intercity rail transportation system projects funded by the
2825state, including those associated with the Orlando commuter
2826railroad project, be eliminated not later than 8 years after
2827commuter rail programs and intercity rail transportation system
2828projects begin operation.
2829     (4)  The report containing the information required
2830pursuant to subsections (1), (2), and (3) shall be delivered to
2831the Governor, the President of the Senate, the Speaker of the
2832House of Representatives, and the leaders of the minority
2833parties of the Senate and House of Representatives on or before
2834January 15, 2009.
2835     Section 39.  Part III of chapter 343, Florida Statutes,
2836consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,
2837343.76, and 343.77, is repealed.
2838     Section 40.  Subsection (4) of section 348.0003, Florida
2839Statutes, is amended to read:
2840     348.0003  Expressway authority; formation; membership.--
2841     (4)(a)  An authority may employ an executive secretary, an
2842executive director, its own counsel and legal staff, technical
2843experts, and such engineers and employees, permanent or
2844temporary, as it may require and shall determine the
2845qualifications and fix the compensation of such persons, firms,
2846or corporations. An authority may employ a fiscal agent or
2847agents; however, the authority must solicit sealed proposals
2848from at least three persons, firms, or corporations for the
2849performance of any services as fiscal agents. An authority may
2850delegate to one or more of its agents or employees such of its
2851power as it deems necessary to carry out the purposes of the
2852Florida Expressway Authority Act, subject always to the
2853supervision and control of the authority. Members of an
2854authority may be removed from office by the Governor for
2855misconduct, malfeasance, misfeasance, or nonfeasance in office.
2856     (b)  Members of an authority are entitled to receive from
2857the authority their travel and other necessary expenses incurred
2858in connection with the business of the authority as provided in
2859s. 112.061, but they may not draw salaries or other
2860compensation.
2861     (c)  Members of each expressway an authority,
2862transportation authority, bridge authority, or toll authority,
2863created pursuant to this chapter, chapters 343 or 349, or
2864pursuant to any other legislative enactment, shall be required
2865to comply with the applicable financial disclosure requirements
2866of s. 8, Art. II of the State Constitution. This subsection does
2867not subject a statutorily created expressway authority,
2868transportation authority, bridge authority, or toll authority,
2869other than one created under this part, to any of the
2870requirements of this part other than those contained in this
2871subsection.
2872     Section 41.  Paragraph (c) is added to subsection (1) of
2873section 348.0004, Florida Statutes, to read:
2874     348.0004  Purposes and powers.--
2875     (1)
2876     (c)  Notwithstanding any other provision of law, expressway
2877authorities as defined in chapter 348 shall index toll rates on
2878toll facilities to the annual Consumer Price Index or similar
2879inflation indicators. Toll rate index for inflation under this
2880subsection must be adopted and approved by the expressway
2881authority board at a public meeting and may be made no more
2882frequently than once a year and must be made no less frequently
2883than once every 5 years as necessary to accommodate cash toll
2884rate schedules. Toll rates may be increased beyond these limits
2885as directed by bond documents, covenants, or governing body
2886authorization or pursuant to department administrative rule.
2887     Section 42.  Subsection (1) of section 479.01, Florida
2888Statutes, is amended to read:
2889     479.01  Definitions.--As used in this chapter, the term:
2890     (1)  "Automatic changeable facing" means a facing which
2891through a mechanical system is capable of delivering two or more
2892advertising messages through an automated or remotely controlled
2893process and shall not rotate so rapidly as to cause distraction
2894to a motorist.
2895     Section 43.  Subsections (1) and (5) of section 479.07,
2896Florida Statutes, are amended to read:
2897     479.07  Sign permits.--
2898     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
2899person may not erect, operate, use, or maintain, or cause to be
2900erected, operated, used, or maintained, any sign on the State
2901Highway System outside an urban incorporated area, as defined in
2902s. 334.03(32), or on any portion of the interstate or federal-
2903aid primary highway system without first obtaining a permit for
2904the sign from the department and paying the annual fee as
2905provided in this section. For purposes of this section, "on any
2906portion of the State Highway System, interstate, or federal-aid
2907primary system" shall mean a sign located within the controlled
2908area which is visible from any portion of the main-traveled way
2909of such system.
2910     (5)(a)  For each permit issued, the department shall
2911furnish to the applicant a serially numbered permanent metal
2912permit tag. The permittee is responsible for maintaining a valid
2913permit tag on each permitted sign facing at all times. The tag
2914shall be securely attached to the sign facing or, if there is no
2915facing, on the pole nearest the highway; and it shall be
2916attached in such a manner as to be plainly visible from the
2917main-traveled way. Effective July 1, 2011, the tag shall be
2918securely attached to the upper 50 percent of the pole nearest
2919the highway and shall be attached in such a manner as to be
2920plainly visible from the main-traveled way. The permit will
2921become void unless the permit tag is properly and permanently
2922displayed at the permitted site within 30 days after the date of
2923permit issuance. If the permittee fails to erect a completed
2924sign on the permitted site within 270 days after the date on
2925which the permit was issued, the permit will be void, and the
2926department may not issue a new permit to that permittee for the
2927same location for 270 days after the date on which the permit
2928became void.
2929     (b)  If a permit tag is lost, stolen, or destroyed, the
2930permittee to whom the tag was issued may must apply to the
2931department for a replacement tag. The department shall establish
2932by rule a service fee for replacement tags in an amount that
2933will recover the actual cost of providing the replacement tag.
2934Upon receipt of the application accompanied by the a service fee
2935of $3, the department shall issue a replacement permit tag.
2936Alternatively, the permittee may provide its own replacement tag
2937pursuant to department specifications which the department shall
2938establish by rule at the time it establishes the service fee for
2939replacement tags.
2940     Section 44.  Section 479.08, Florida Statutes, is amended
2941to read:
2942     479.08  Denial or revocation of permit.--The department has
2943the authority to deny or revoke any permit requested or granted
2944under this chapter in any case in which it determines that the
2945application for the permit contains knowingly false or knowingly
2946misleading information. The department has the authority to
2947revoke any permit granted under this chapter in any case in
2948which or that the permittee has violated any of the provisions
2949of this chapter, unless such permittee, within 30 days after the
2950receipt of notice by the department, corrects such false or
2951misleading information and complies with the provisions of this
2952chapter. For the purpose of this subsection, the notice of
2953violation issued by the department shall describe in detail the
2954alleged violation. Any person aggrieved by any action of the
2955department in denying or revoking a permit under this chapter
2956may, within 30 days after receipt of the notice, apply to the
2957department for an administrative hearing pursuant to chapter
2958120. If a timely request for hearing has been filed and the
2959department issues a final order revoking a permit, such
2960revocation shall be effective 30 days after the date of
2961rendition. Except for department action pursuant to s.
2962479.107(1), the filing of a timely and proper notice of appeal
2963shall operate to stay the revocation until the department's
2964action is upheld.
2965     Section 45.  Subsection (2) of section 479.11, Florida
2966Statutes, is amended to read:
2967     479.11  Specified signs prohibited.--No sign shall be
2968erected, used, operated, or maintained:
2969     (2)  Beyond 660 feet of the nearest edge of the right-of-
2970way of any portion of the interstate highway system or the
2971federal-aid primary highway system outside an urban area, if the
2972advertising message or informative contents of the which sign
2973are visible is erected for the purpose of its message being read
2974from the main-traveled way of such system, except as provided in
2975ss. 479.111(1) and 479.16.
2976     Section 46.  Subsections (1), (3), (4), and (5) of section
2977479.261, Florida Statutes, are amended to read:
2978     479.261  Logo sign program.--
2979     (1)  The department shall establish a logo sign program for
2980the rights-of-way of the interstate highway system to provide
2981information to motorists about available gas, food, lodging, and
2982camping, attractions, and other services which are approved by
2983the Federal Highway Administration at interchanges, through the
2984use of business logos, and may include additional interchanges
2985under the program. A logo sign for nearby attractions may be
2986added to this program if allowed by federal rules.
2987     (a)  An attraction as used in this chapter is defined as an
2988establishment, site, facility, or landmark which is open a
2989minimum of 5 days a week for 52 weeks a year; which charges an
2990admission for entry; which has as its principal focus family-
2991oriented entertainment, cultural, educational, recreational,
2992scientific, or historical activities; and which is publicly
2993recognized as a bona fide tourist attraction. However, the
2994permits for businesses seeking to participate in the attractions
2995logo sign program shall be awarded by the department annually to
2996the highest bidders, notwithstanding the limitation on fees in
2997subsection (5), which are qualified for available space at each
2998qualified location, but the fees therefor may not be less than
2999the fees established for logo participants in other logo
3000categories.
3001     (b)  The department shall incorporate the use of RV-
3002friendly markers on specific information logo signs for
3003establishments that cater to the needs of persons driving
3004recreational vehicles. Establishments that qualify for
3005participation in the specific information logo program and that
3006also qualify as "RV-friendly" may request the RV-friendly marker
3007on their specific information logo sign. An RV-friendly marker
3008must consist of a design approved by the Federal Highway
3009Administration. The department shall adopt rules in accordance
3010with chapter 120 to administer this paragraph, including rules
3011setting forth the minimum requirements that establishments must
3012meet in order to qualify as RV-friendly. These requirements
3013shall include large parking spaces, entrances, and exits that
3014can easily accommodate recreational vehicles and facilities
3015having appropriate overhead clearances, if applicable.
3016     (c)  The department is authorized to implement by rule a
3017rotation-based logo program providing for the removal and
3018addition of participating businesses in the program.
3019     (3)  Logo signs may be installed upon the issuance of an
3020annual permit by the department or its agent and payment of a an
3021application and permit fee to the department or its agent.
3022     (4)  The department may contract pursuant to s. 287.057 for
3023the provision of services related to the logo sign program,
3024including recruitment and qualification of businesses, review of
3025applications, permit issuance, and fabrication, installation,
3026and maintenance of logo signs. The department may reject all
3027proposals and seek another request for proposals or otherwise
3028perform the work. If the department contracts for the provision
3029of services for the logo sign program, the contract must
3030require, unless the business owner declines, that businesses
3031that previously entered into agreements with the department to
3032privately fund logo sign construction and installation be
3033reimbursed by the contractor for the cost of the signs which has
3034not been recovered through a previously agreed upon waiver of
3035fees. The contract also may allow the contractor to retain a
3036portion of the annual fees as compensation for its services.
3037     (5)  Permit fees for businesses that participate in the
3038logo program must be established in an amount not less than that
3039sufficient to offset the total cost to the department for the
3040program, including contract costs. The department shall provide
3041the services in the most efficient and cost-effective manner
3042through department staff or by contracting for some or all of
3043the services. Such annual permit fee shall not exceed $1,250.
3044Annual permit fees shall be set by department rule based upon
3045factors such as population, traffic volume, market demand, and
3046costs. The annual permit fees shall be phased in by rule over a
30474-year period of time.
3048     Section 47.  Paragraph (d) of subsection (10) of section
3049768.28, Florida Statutes, is amended to read:
3050     768.28  Waiver of sovereign immunity in tort actions;
3051recovery limits; limitation on attorney fees; statute of
3052limitations; exclusions; indemnification; risk management
3053programs.--
3054     (10)
3055     (d)  For the purposes of this section, operators,
3056dispatchers, and providers of security for rail services and
3057rail facility maintenance providers in any rail corridor owned
3058by the Department of Transportation the South Florida Rail
3059Corridor, or any of their employees or agents, performing such
3060services under contract with and on behalf of the South Florida
3061Regional Transportation Authority or the Department of
3062Transportation, or a governmental entity that is under contract
3063with the Department of Transportation to perform such services
3064or a governmental entity designated by the Department of
3065Transportation, shall be considered agents of the state while
3066acting within the scope of and pursuant to guidelines
3067established in said contract or by rule. This subsection shall
3068not be construed as designating persons providing contracted
3069operator, dispatcher, security services, rail facility
3070maintenance, or other services as employees or agents of the
3071state for the purposes of the Federal Employers Liability Act,
3072the Federal Railway Labor Act, or chapter 440.
3073     Section 48.  The Department of Transportation, in
3074consultation with the Department of Law Enforcement, the
3075Division of Emergency Management of the Department of Community
3076Affairs, and the Office of Tourism, Trade, and Economic
3077Development, and regional planning councils within whose
3078jurisdictional area the I-95 corridor lies, shall complete a
3079study of transportation alternatives for the travel corridor
3080parallel to Interstate 95 which takes into account the
3081transportation, emergency management, homeland security, and
3082economic development needs of the state. The report must include
3083identification of cost effective measures that may be
3084implemented to alleviate congestion on Interstate 95, facilitate
3085emergency and security responses, and foster economic
3086development. The Department of Transportation shall send the
3087report to the Governor, the President of the Senate, the Speaker
3088of the House of Representatives, and each affected metropolitan
3089planning organization by June 30, 2009.
3090     Section 49.  (1)  The Office of Motor Carrier Compliance of
3091the Department of Transportation is hereby transferred by a type
3092two transfer, as defined in s. 20.06(2), Florida Statutes, to
3093the Division of the Florida Highway Patrol of the Department of
3094Highway Safety and Motor Vehicles, except for revenues in the
3095amount of $28,033,537, which shall remain in the State
3096Transportation Trust Fund.
3097     (2)  The Legislature recognizes that there is a need to
3098conform the Florida Statutes to the organizational changes in
3099this section and that there may be a need to resolve apparent
3100conflicts with any other legislation that has been or may be
3101enacted during the 2008 Regular Session. Therefore, in the
3102interim between this act becoming a law and the 2009 Regular
3103Session of the Legislature or an earlier special session
3104addressing this issue, the Division of Statutory Revision shall
3105provide the relevant substantive committees of the Senate and
3106the House of Representatives with assistance, upon request, to
3107enable such committees to prepare draft legislation to conform
3108the Florida Statutes and any legislation enacted during 2008 to
3109the provisions of this section.
3110     Section 50.  For the purpose of incorporating the amendment
3111made by this act to section 316.193, Florida Statutes, in a
3112reference thereto, paragraph (a) of subsection (3) of section
3113316.066, Florida Statutes, is reenacted to read:
3114     316.066  Written reports of crashes.--
3115     (3)(a)  Every law enforcement officer who in the regular
3116course of duty investigates a motor vehicle crash:
3117     1.  Which crash resulted in death or personal injury shall,
3118within 10 days after completing the investigation, forward a
3119written report of the crash to the department or traffic records
3120center.
3121     2.  Which crash involved a violation of s. 316.061(1) or s.
3122316.193 shall, within 10 days after completing the
3123investigation, forward a written report of the crash to the
3124department or traffic records center.
3125     3.  In which crash a vehicle was rendered inoperative to a
3126degree which required a wrecker to remove it from traffic may,
3127within 10 days after completing the investigation, forward a
3128written report of the crash to the department or traffic records
3129center if such action is appropriate, in the officer's
3130discretion.
3131     Section 51.  For the purpose of incorporating the amendment
3132made by this act to section 316.193, Florida Statutes, in a
3133reference thereto, paragraph (b) of subsection (4) of section
3134316.072, Florida Statutes, is reenacted to read:
3135     316.072  Obedience to and effect of traffic laws.--
3136     (4)  PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;
3137EXCEPTIONS.--
3138     (b)  Unless specifically made applicable, the provisions of
3139this chapter, except those contained in ss. 316.192, 316.1925,
3140and 316.193, shall not apply to persons, teams, or motor
3141vehicles and other equipment while actually engaged in work upon
3142the surface of a highway, but shall apply to such persons and
3143vehicles when traveling to or from such work.
3144     Section 52.  For the purpose of incorporating the amendment
3145made by this act to section 316.193, Florida Statutes, in a
3146reference thereto, subsection (3) of section 316.1932, Florida
3147Statutes, is reenacted to read:
3148     316.1932  Tests for alcohol, chemical substances, or
3149controlled substances; implied consent; refusal.--
3150     (3)  Notwithstanding any provision of law pertaining to the
3151confidentiality of hospital records or other medical records,
3152information relating to the alcoholic content of the blood or
3153breath or the presence of chemical substances or controlled
3154substances in the blood obtained pursuant to this section shall
3155be released to a court, prosecuting attorney, defense attorney,
3156or law enforcement officer in connection with an alleged
3157violation of s. 316.193 upon request for such information.
3158     Section 53.  For the purpose of incorporating the amendment
3159made by this act to section 316.193, Florida Statutes, in a
3160reference thereto, subsection (4) of section 316.1933, Florida
3161Statutes, is reenacted to read:
3162     316.1933  Blood test for impairment or intoxication in
3163cases of death or serious bodily injury; right to use reasonable
3164force.--
3165     (4)  Notwithstanding any provision of law pertaining to the
3166confidentiality of hospital records or other medical records,
3167information relating to the alcoholic content of the blood or
3168the presence of chemical substances or controlled substances in
3169the blood obtained pursuant to this section shall be released to
3170a court, prosecuting attorney, defense attorney, or law
3171enforcement officer in connection with an alleged violation of
3172s. 316.193 upon request for such information.
3173     Section 54.  For the purpose of incorporating the amendment
3174made by this act to section 316.193, Florida Statutes, in
3175references thereto, subsection (1) and paragraph (d) of
3176subsection (2) of section 316.1937, Florida Statutes, are
3177reenacted to read:
3178     316.1937  Ignition interlock devices, requiring; unlawful
3179acts.--
3180     (1)  In addition to any other authorized penalties, the
3181court may require that any person who is convicted of driving
3182under the influence in violation of s. 316.193 shall not operate
3183a motor vehicle unless that vehicle is equipped with a
3184functioning ignition interlock device certified by the
3185department as provided in s. 316.1938, and installed in such a
3186manner that the vehicle will not start if the operator's blood
3187alcohol level is in excess of 0.05 percent or as otherwise
3188specified by the court. The court may require the use of an
3189approved ignition interlock device for a period of not less than
31906 months, if the person is permitted to operate a motor vehicle,
3191whether or not the privilege to operate a motor vehicle is
3192restricted, as determined by the court. The court, however,
3193shall order placement of an ignition interlock device in those
3194circumstances required by s. 316.193.
3195     (2)  If the court imposes the use of an ignition interlock
3196device, the court shall:
3197     (d)  Determine the person's ability to pay for installation
3198of the device if the person claims inability to pay. If the
3199court determines that the person is unable to pay for
3200installation of the device, the court may order that any portion
3201of a fine paid by the person for a violation of s. 316.193 shall
3202be allocated to defray the costs of installing the device.
3203     Section 55.  For the purpose of incorporating the amendment
3204made by this act to section 316.193, Florida Statutes, in a
3205reference thereto, paragraph (b) of subsection (1) of section
3206316.1939, Florida Statutes, is reenacted to read:
3207     316.1939  Refusal to submit to testing; penalties.--
3208     (1)  Any person who has refused to submit to a chemical or
3209physical test of his or her breath, blood, or urine, as
3210described in s. 316.1932, and whose driving privilege was
3211previously suspended for a prior refusal to submit to a lawful
3212test of his or her breath, urine, or blood, and:
3213     (b)  Who was placed under lawful arrest for a violation of
3214s. 316.193 unless such test was requested pursuant to s.
3215316.1932(1)(c);
3216
3217commits a misdemeanor of the first degree and is subject to
3218punishment as provided in s. 775.082 or s. 775.083.
3219     Section 56.  For the purpose of incorporating the amendment
3220made by this act to section 316.193, Florida Statutes, in a
3221reference thereto, subsection (1) of section 316.656, Florida
3222Statutes, is reenacted to read:
3223     316.656  Mandatory adjudication; prohibition against
3224accepting plea to lesser included offense.--
3225     (1)  Notwithstanding the provisions of s. 948.01, no court
3226may suspend, defer, or withhold adjudication of guilt or
3227imposition of sentence for any violation of s. 316.193, for
3228manslaughter resulting from the operation of a motor vehicle, or
3229for vehicular homicide.
3230     Section 57.  For the purpose of incorporating the amendment
3231made by this act to section 316.193, Florida Statutes, in
3232references thereto, subsections (4) and (5) of section 318.143,
3233Florida Statutes, are reenacted to read:
3234     318.143  Sanctions for infractions by minors.--
3235     (4)  For the first conviction for a violation of s.
3236316.193, the court may order the Department of Highway Safety
3237and Motor Vehicles to revoke the minor's driver's license until
3238the minor is 18 years of age. For a second or subsequent
3239conviction for such a violation, the court may order the
3240Department of Highway Safety and Motor Vehicles to revoke the
3241minor's driver's license until the minor is 21 years of age.
3242     (5)  A minor who is arrested for a violation of s. 316.193
3243may be released from custody as soon as:
3244     (a)  The minor is no longer under the influence of
3245alcoholic beverages, of any chemical substance set forth in s.
3246877.111, or of any substance controlled under chapter 893, and
3247is not affected to the extent that his or her normal faculties
3248are impaired;
3249     (b)  The minor's blood-alcohol level is less than 0.05
3250percent; or
3251     (c)  Six hours have elapsed after the minor's arrest.
3252     Section 58.  For the purpose of incorporating the amendment
3253made by this act to section 316.193, Florida Statutes, in a
3254reference thereto, subsection (3) of section 318.17, Florida
3255Statutes, is reenacted to read:
3256     318.17  Offenses excepted.--No provision of this chapter is
3257available to a person who is charged with any of the following
3258offenses:
3259     (3)  Driving, or being in actual physical control of, any
3260vehicle while under the influence of alcoholic beverages, any
3261chemical substance set forth in s. 877.111, or any substance
3262controlled under chapter 893, in violation of s. 316.193, or
3263driving with an unlawful blood-alcohol level;
3264     Section 59.  For the purpose of incorporating the amendment
3265made by this act to section 316.193, Florida Statutes, in a
3266reference thereto, paragraph (c) of subsection (1) of section
3267320.055, Florida Statutes, is reenacted to read:
3268     320.055  Registration periods; renewal periods.--The
3269following registration periods and renewal periods are
3270established:
3271     (1)
3272     (c)  Notwithstanding the requirements of paragraph (a), the
3273owner of a motor vehicle subject to paragraph (a) who has had
3274his or her driver's license suspended pursuant to a violation of
3275s. 316.193 or pursuant to s. 322.26(2) for driving under the
3276influence must obtain a 6-month registration as a condition of
3277reinstating the license, subject to renewal during the 3-year
3278period that financial responsibility requirements apply. The
3279registration period begins the first day of the birth month of
3280the owner and ends the last day of the fifth month immediately
3281following the owner's birth month. For such vehicles, the
3282department shall issue a vehicle registration certificate that
3283is valid for 6 months and shall issue a validation sticker that
3284displays an expiration date of 6 months after the date of
3285issuance. The license tax required by s. 320.08 and all other
3286applicable license taxes shall be one-half of the amount
3287otherwise required, except the service charge required by s.
3288320.04 shall be paid in full for each 6-month registration. A
3289vehicle required to be registered under this paragraph is not
3290eligible for the extended registration period under paragraph
3291(b).
3292     Section 60.  For the purpose of incorporating the amendment
3293made by this act to section 316.193, Florida Statutes, in a
3294reference thereto, subsection (2) of section 322.03, Florida
3295Statutes, is reenacted to read:
3296     322.03  Drivers must be licensed; penalties.--
3297     (2)  Prior to issuing a driver's license, the department
3298shall require any person who has been convicted two or more
3299times of a violation of s. 316.193 or of a substantially similar
3300alcohol-related or drug-related offense outside this state
3301within the preceding 5 years, or who has been convicted of three
3302or more such offenses within the preceding 10 years, to present
3303proof of successful completion of or enrollment in a department-
3304approved substance abuse education course. If the person fails
3305to complete such education course within 90 days after issuance,
3306the department shall cancel the license. Further, prior to
3307issuing the driver's license the department shall require such
3308person to present proof of financial responsibility as provided
3309in s. 324.031. For the purposes of this paragraph, a previous
3310conviction for violation of former s. 316.028, former s.
3311316.1931, or former s. 860.01 shall be considered a previous
3312conviction for violation of s. 316.193.
3313     Section 61.  For the purpose of incorporating the amendment
3314made by this act to section 316.193, Florida Statutes, in a
3315reference thereto, paragraph (a) of subsection (2) of section
3316322.0602, Florida Statutes, is reenacted to read:
3317     322.0602  Youthful Drunk Driver Visitation Program.--
3318     (2)  COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE FOR
3319PARTICIPATION.--
3320     (a)  If a person is convicted of a violation of s. 316.193,
3321the court may order, as a term and condition of probation in
3322addition to any other term or condition required or authorized
3323by law, that the probationer participate in the Youthful Drunk
3324Driver Visitation Program.
3325     Section 62.  For the purpose of incorporating the amendment
3326made by this act to section 316.193, Florida Statutes, in a
3327reference thereto, subsection (8) of section 322.21, Florida
3328Statutes, is reenacted to read:
3329     322.21  License fees; procedure for handling and collecting
3330fees.--
3331     (8)  Any person who applies for reinstatement following the
3332suspension or revocation of the person's driver's license shall
3333pay a service fee of $35 following a suspension, and $60
3334following a revocation, which is in addition to the fee for a
3335license. Any person who applies for reinstatement of a
3336commercial driver's license following the disqualification of
3337the person's privilege to operate a commercial motor vehicle
3338shall pay a service fee of $60, which is in addition to the fee
3339for a license. The department shall collect all of these fees at
3340the time of reinstatement. The department shall issue proper
3341receipts for such fees and shall promptly transmit all funds
3342received by it as follows:
3343     (a)  Of the $35 fee received from a licensee for
3344reinstatement following a suspension, the department shall
3345deposit $15 in the General Revenue Fund and $20 in the Highway
3346Safety Operating Trust Fund.
3347     (b)  Of the $60 fee received from a licensee for
3348reinstatement following a revocation or disqualification, the
3349department shall deposit $35 in the General Revenue Fund and $25
3350in the Highway Safety Operating Trust Fund.
3351
3352If the revocation or suspension of the driver's license was for
3353a violation of s. 316.193, or for refusal to submit to a lawful
3354breath, blood, or urine test, an additional fee of $115 must be
3355charged. However, only one $115 fee may be collected from one
3356person convicted of violations arising out of the same incident.
3357The department shall collect the $115 fee and deposit the fee
3358into the Highway Safety Operating Trust Fund at the time of
3359reinstatement of the person's driver's license, but the fee may
3360not be collected if the suspension or revocation is overturned.
3361If the revocation or suspension of the driver's license was for
3362a conviction for a violation of s. 817.234(8) or (9) or s.
3363817.505, an additional fee of $180 is imposed for each offense.
3364The department shall collect and deposit the additional fee into
3365the Highway Safety Operating Trust Fund at the time of
3366reinstatement of the person's driver's license.
3367     Section 63.  For the purpose of incorporating the amendment
3368made by this act to section 316.193, Florida Statutes, in a
3369reference thereto, subsection (5) of section 322.25, Florida
3370Statutes, is reenacted to read:
3371     322.25  When court to forward license to department and
3372report convictions; temporary reinstatement of driving
3373privileges.--
3374     (5)  For the purpose of this chapter, the entrance of a
3375plea of nolo contendere by the defendant to a charge of driving
3376while intoxicated, driving under the influence, driving with an
3377unlawful blood-alcohol level, or any other alcohol-related or
3378drug-related traffic offense similar to the offenses specified
3379in s. 316.193, accepted by the court and under which plea the
3380court has entered a fine or sentence, whether in this state or
3381any other state or country, shall be equivalent to a conviction.
3382     Section 64.  For the purpose of incorporating the amendment
3383made by this act to section 316.193, Florida Statutes, in a
3384reference thereto, paragraph (a) of subsection (1) of section
3385322.26, Florida Statutes, is reenacted to read:
3386     322.26  Mandatory revocation of license by department.--The
3387department shall forthwith revoke the license or driving
3388privilege of any person upon receiving a record of such person's
3389conviction of any of the following offenses:
3390     (1)(a)  Murder resulting from the operation of a motor
3391vehicle, DUI manslaughter where the conviction represents a
3392subsequent DUI-related conviction, or a fourth violation of s.
3393316.193 or former s. 316.1931. For such cases, the revocation of
3394the driver's license or driving privilege shall be permanent.
3395     Section 65.  For the purpose of incorporating the amendment
3396made by this act to section 316.193, Florida Statutes, in
3397references thereto, paragraph (a) of subsection (14) and
3398subsection (16) of section 322.2615, Florida Statutes, are
3399reenacted to read:
3400     322.2615  Suspension of license; right to review.--
3401     (14)(a)  The decision of the department under this section
3402or any circuit court review thereof may not be considered in any
3403trial for a violation of s. 316.193, and a written statement
3404submitted by a person in his or her request for departmental
3405review under this section may not be admitted into evidence
3406against him or her in any such trial.
3407     (16)  The department shall invalidate a suspension for
3408driving with an unlawful blood-alcohol level or breath-alcohol
3409level imposed under this section if the suspended person is
3410found not guilty at trial of an underlying violation of s.
3411316.193.
3412     Section 66.  For the purpose of incorporating the amendment
3413made by this act to section 316.193, Florida Statutes, in
3414references thereto, subsections (15) and (19) of section
3415322.2616, Florida Statutes, are reenacted to read:
3416     322.2616  Suspension of license; persons under 21 years of
3417age; right to review.--
3418     (15)  The decision of the department under this section
3419shall not be considered in any trial for a violation of s.
3420316.193, nor shall any written statement submitted by a person
3421in his or her request for departmental review under this section
3422be admissible into evidence against him or her in any such
3423trial. The disposition of any related criminal proceedings shall
3424not affect a suspension imposed under this section.
3425     (19)  A violation of this section is neither a traffic
3426infraction nor a criminal offense, nor does being detained
3427pursuant to this section constitute an arrest. A violation of
3428this section is subject to the administrative action provisions
3429of this section, which are administered by the department
3430through its administrative processes. Administrative actions
3431taken pursuant to this section shall be recorded in the motor
3432vehicle records maintained by the department. This section does
3433not bar prosecution under s. 316.193. However, if the department
3434suspends a person's license under s. 322.2615 for a violation of
3435s. 316.193, it may not also suspend the person's license under
3436this section for the same episode that was the basis for the
3437suspension under s. 322.2615.
3438     Section 67.  For the purpose of incorporating the amendment
3439made by this act to section 316.193, Florida Statutes, in a
3440reference thereto, paragraph (b) of subsection (1) of section
3441322.264, Florida Statutes, is reenacted to read:
3442     322.264  "Habitual traffic offender" defined.--A "habitual
3443traffic offender" is any person whose record, as maintained by
3444the Department of Highway Safety and Motor Vehicles, shows that
3445such person has accumulated the specified number of convictions
3446for offenses described in subsection (1) or subsection (2)
3447within a 5-year period:
3448     (1)  Three or more convictions of any one or more of the
3449following offenses arising out of separate acts:
3450     (b)  Any violation of s. 316.193, former s. 316.1931, or
3451former s. 860.01;
3452
3453Any violation of any federal law, any law of another state or
3454country, or any valid ordinance of a municipality or county of
3455another state similar to a statutory prohibition specified in
3456subsection (1) or subsection (2) shall be counted as a violation
3457of such prohibition. In computing the number of convictions, all
3458convictions during the 5 years previous to July 1, 1972, will be
3459used, provided at least one conviction occurs after that date.
3460The fact that previous convictions may have resulted in
3461suspension, revocation, or disqualification under another
3462section does not exempt them from being used for suspension or
3463revocation under this section as a habitual offender.
3464     Section 68.  For the purpose of incorporating the amendment
3465made by this act to section 316.193, Florida Statutes, in
3466references thereto, paragraphs (a) and (c) of subsection (2) and
3467subsection (4) of section 322.271, Florida Statutes, are
3468reenacted to read:
3469     322.271  Authority to modify revocation, cancellation, or
3470suspension order.--
3471     (2)(a)  Upon such hearing, the person whose license has
3472been suspended, canceled, or revoked may show that such
3473suspension, cancellation, or revocation of his or her license
3474causes a serious hardship and precludes the person's carrying
3475out his or her normal business occupation, trade, or employment
3476and that the use of the person's license in the normal course of
3477his or her business is necessary to the proper support of the
3478person or his or her family. Except as otherwise provided in
3479this subsection, the department shall require proof of the
3480successful completion of the applicable department-approved
3481driver training course operating pursuant to s. 318.1451 or DUI
3482program substance abuse education course and evaluation as
3483provided in s. 316.193(5). Letters of recommendation from
3484respected business persons in the community, law enforcement
3485officers, or judicial officers may also be required to determine
3486whether such person should be permitted to operate a motor
3487vehicle on a restricted basis for business or employment use
3488only and in determining whether such person can be trusted to so
3489operate a motor vehicle. If a driver's license has been
3490suspended under the point system or pursuant to s. 322.2615, the
3491department shall require proof of enrollment in the applicable
3492department-approved driver training course or licensed DUI
3493program substance abuse education course, including evaluation
3494and treatment, if referred, and may require letters of
3495recommendation described in this subsection to determine if the
3496driver should be reinstated on a restricted basis. If such
3497person fails to complete the approved course within 90 days
3498after reinstatement or subsequently fails to complete treatment,
3499if applicable, the department shall cancel his or her driver's
3500license until the course and treatment, if applicable, is
3501successfully completed, notwithstanding the terms of the court
3502order or any suspension or revocation of the driving privilege.
3503The department may temporarily reinstate the driving privilege
3504on a restricted basis upon verification from the DUI program
3505that the offender has reentered and is currently participating
3506in treatment and has completed the DUI education course and
3507evaluation requirement. If the DUI program notifies the
3508department of the second failure to complete treatment, the
3509department shall reinstate the driving privilege only after
3510notice of completion of treatment from the DUI program. The
3511privilege of driving on a limited or restricted basis for
3512business or employment use shall not be granted to a person who
3513has been convicted of a violation of s. 316.193 until completion
3514of the DUI program substance abuse education course and
3515evaluations as provided in s. 316.193(5). Except as provided in
3516paragraph (b), the privilege of driving on a limited or
3517restricted basis for business or employment use shall not be
3518granted to a person whose license is revoked pursuant to s.
3519322.28 or suspended pursuant to s. 322.2615 and who has been
3520convicted of a violation of s. 316.193 two or more times or
3521whose license has been suspended two or more times for refusal
3522to submit to a test pursuant to s. 322.2615 or former s.
3523322.261.
3524     (c)  For the purpose of this section, a previous conviction
3525of driving under the influence, driving while intoxicated,
3526driving with an unlawful blood-alcohol level, or any other
3527similar alcohol-related or drug-related offense outside this
3528state or a previous conviction of former s. 316.1931, former s.
3529316.028, or former s. 860.01 shall be considered a previous
3530conviction for violation of s. 316.193.
3531     (4)  Notwithstanding the provisions of s. 322.28(2)(e), a
3532person whose driving privilege has been permanently revoked
3533because he or she has been convicted of DUI manslaughter in
3534violation of s. 316.193 and has no prior convictions for DUI-
3535related offenses may, upon the expiration of 5 years after the
3536date of such revocation or the expiration of 5 years after the
3537termination of any term of incarceration under s. 316.193 or
3538former s. 316.1931, whichever date is later, petition the
3539department for reinstatement of his or her driving privilege.
3540     (a)  Within 30 days after the receipt of such a petition,
3541the department shall afford the petitioner an opportunity for a
3542hearing. At the hearing, the petitioner must demonstrate to the
3543department that he or she:
3544     1.  Has not been arrested for a drug-related offense during
3545the 5 years preceding the filing of the petition;
3546     2.  Has not driven a motor vehicle without a license for at
3547least 5 years prior to the hearing;
3548     3.  Has been drug-free for at least 5 years prior to the
3549hearing; and
3550     4.  Has completed a DUI program licensed by the department.
3551     (b)  At such hearing, the department shall determine the
3552petitioner's qualification, fitness, and need to drive. Upon
3553such determination, the department may, in its discretion,
3554reinstate the driver's license of the petitioner. Such
3555reinstatement must be made subject to the following
3556qualifications:
3557     1.  The license must be restricted for employment purposes
3558for not less than 1 year; and
3559     2.  Such person must be supervised by a DUI program
3560licensed by the department and report to the program for such
3561supervision and education at least four times a year or
3562additionally as required by the program for the remainder of the
3563revocation period. Such supervision shall include evaluation,
3564education, referral into treatment, and other activities
3565required by the department.
3566     (c)  Such person must assume the reasonable costs of
3567supervision. If such person fails to comply with the required
3568supervision, the program shall report the failure to the
3569department, and the department shall cancel such person's
3570driving privilege.
3571     (d)  If, after reinstatement, such person is convicted of
3572an offense for which mandatory revocation of his or her license
3573is required, the department shall revoke his or her driving
3574privilege.
3575     (e)  The department shall adopt rules regulating the
3576providing of services by DUI programs pursuant to this section.
3577     Section 69.  For the purpose of incorporating the amendment
3578made by this act to section 316.193, Florida Statutes, in
3579references thereto, subsection (2), paragraphs (a) and (c) of
3580subsection (3), and subsection (4) of section 322.2715, Florida
3581Statutes, are reenacted to read:
3582     322.2715  Ignition interlock device.--
3583     (2)  For purposes of this section, any conviction for a
3584violation of s. 316.193, a previous conviction for a violation
3585of former s. 316.1931, or a conviction outside this state for
3586driving under the influence, driving while intoxicated, driving
3587with an unlawful blood-alcohol level, or any other similar
3588alcohol-related or drug-related traffic offense is a conviction
3589of driving under the influence.
3590     (3)  If the person is convicted of:
3591     (a)  A first offense of driving under the influence under
3592s. 316.193 and has an unlawful blood-alcohol level or breath-
3593alcohol level as specified in s. 316.193(4), or if a person is
3594convicted of a violation of s. 316.193 and was at the time of
3595the offense accompanied in the vehicle by a person younger than
359618 years of age, the person shall have the ignition interlock
3597device installed for 6 months for the first offense and for at
3598least 2 years for a second offense.
3599     (c)  A third offense of driving under the influence which
3600occurs within 10 years after a prior conviction for a violation
3601of s. 316.193, the ignition interlock device shall be installed
3602for a period of not less than 2 years.
3603     (4)  If the court fails to order the mandatory placement of
3604the ignition interlock device or fails to order for the
3605applicable period the mandatory placement of an ignition
3606interlock device under s. 316.193 or s. 316.1937 at the time of
3607imposing sentence or within 30 days thereafter, the department
3608shall immediately require that the ignition interlock device be
3609installed as provided in this section, except that consideration
3610may be given to those individuals having a documented medical
3611condition that would prohibit the device from functioning
3612normally. This subsection applies to the reinstatement of the
3613driving privilege following a revocation, suspension, or
3614cancellation that is based upon a conviction for the offense of
3615driving under the influence which occurs on or after July 1,
36162005.
3617     Section 70.  For the purpose of incorporating the amendment
3618made by this act to section 316.193, Florida Statutes, in a
3619reference thereto, subsection (2) of section 322.28, Florida
3620Statutes, is reenacted to read:
3621     322.28  Period of suspension or revocation.--
3622     (2)  In a prosecution for a violation of s. 316.193 or
3623former s. 316.1931, the following provisions apply:
3624     (a)  Upon conviction of the driver, the court, along with
3625imposing sentence, shall revoke the driver's license or driving
3626privilege of the person so convicted, effective on the date of
3627conviction, and shall prescribe the period of such revocation in
3628accordance with the following provisions:
3629     1.  Upon a first conviction for a violation of the
3630provisions of s. 316.193, except a violation resulting in death,
3631the driver's license or driving privilege shall be revoked for
3632not less than 180 days or more than 1 year.
3633     2.  Upon a second conviction for an offense that occurs
3634within a period of 5 years after the date of a prior conviction
3635for a violation of the provisions of s. 316.193 or former s.
3636316.1931 or a combination of such sections, the driver's license
3637or driving privilege shall be revoked for not less than 5 years.
3638     3.  Upon a third conviction for an offense that occurs
3639within a period of 10 years after the date of a prior conviction
3640for the violation of the provisions of s. 316.193 or former s.
3641316.1931 or a combination of such sections, the driver's license
3642or driving privilege shall be revoked for not less than 10
3643years.
3644
3645For the purposes of this paragraph, a previous conviction
3646outside this state for driving under the influence, driving
3647while intoxicated, driving with an unlawful blood-alcohol level,
3648or any other alcohol-related or drug-related traffic offense
3649similar to the offense of driving under the influence as
3650proscribed by s. 316.193 will be considered a previous
3651conviction for violation of s. 316.193, and a conviction for
3652violation of former s. 316.028, former s. 316.1931, or former s.
3653860.01 is considered a conviction for violation of s. 316.193.
3654     (b)  If the period of revocation was not specified by the
3655court at the time of imposing sentence or within 30 days
3656thereafter, and is not otherwise specified by law, the
3657department shall forthwith revoke the driver's license or
3658driving privilege for the maximum period applicable under
3659paragraph (a) for a first conviction and for the minimum period
3660applicable under paragraph (a) for any subsequent convictions.
3661The driver may, within 30 days after such revocation by the
3662department, petition the court for further hearing on the period
3663of revocation, and the court may reopen the case and determine
3664the period of revocation within the limits specified in
3665paragraph (a).
3666     (c)  The forfeiture of bail bond, not vacated within 20
3667days, in any prosecution for the offense of driving while under
3668the influence of alcoholic beverages, chemical substances, or
3669controlled substances to the extent of depriving the defendant
3670of his or her normal faculties shall be deemed equivalent to a
3671conviction for the purposes of this paragraph, and the
3672department shall forthwith revoke the defendant's driver's
3673license or driving privilege for the maximum period applicable
3674under paragraph (a) for a first conviction and for the minimum
3675period applicable under paragraph (a) for a second or subsequent
3676conviction; however, if the defendant is later convicted of the
3677charge, the period of revocation imposed by the department for
3678such conviction shall not exceed the difference between the
3679applicable maximum for a first conviction or minimum for a
3680second or subsequent conviction and the revocation period under
3681this subsection that has actually elapsed; upon conviction of
3682such charge, the court may impose revocation for a period of
3683time as specified in paragraph (a). This paragraph does not
3684apply if an appropriate motion contesting the forfeiture is
3685filed within the 20-day period.
3686     (d)  When any driver's license or driving privilege has
3687been revoked pursuant to the provisions of this section, the
3688department shall not grant a new license, except upon
3689reexamination of the licensee after the expiration of the period
3690of revocation so prescribed. However, the court may, in its
3691sound discretion, issue an order of reinstatement on a form
3692furnished by the department which the person may take to any
3693driver's license examining office for reinstatement by the
3694department pursuant to s. 322.282.
3695     (e)  The court shall permanently revoke the driver's
3696license or driving privilege of a person who has been convicted
3697four times for violation of s. 316.193 or former s. 316.1931 or
3698a combination of such sections. The court shall permanently
3699revoke the driver's license or driving privilege of any person
3700who has been convicted of DUI manslaughter in violation of s.
3701316.193. If the court has not permanently revoked such driver's
3702license or driving privilege within 30 days after imposing
3703sentence, the department shall permanently revoke the driver's
3704license or driving privilege pursuant to this paragraph. No
3705driver's license or driving privilege may be issued or granted
3706to any such person. This paragraph applies only if at least one
3707of the convictions for violation of s. 316.193 or former s.
3708316.1931 was for a violation that occurred after July 1, 1982.
3709For the purposes of this paragraph, a conviction for violation
3710of former s. 316.028, former s. 316.1931, or former s. 860.01 is
3711also considered a conviction for violation of s. 316.193. Also,
3712a conviction of driving under the influence, driving while
3713intoxicated, driving with an unlawful blood-alcohol level, or
3714any other similar alcohol-related or drug-related traffic
3715offense outside this state is considered a conviction for the
3716purposes of this paragraph.
3717     Section 71.  For the purpose of incorporating the amendment
3718made by this act to section 316.193, Florida Statutes, in
3719references thereto, paragraph (a) of subsection (2) of section
3720322.282, Florida Statutes, is reenacted to read:
3721     322.282  Procedure when court revokes or suspends license
3722or driving privilege and orders reinstatement.--When a court
3723suspends or revokes a person's license or driving privilege and,
3724in its discretion, orders reinstatement as provided by s.
3725322.28(2)(d) or former s. 322.261(5):
3726     (2)(a)  The court shall issue an order of reinstatement, on
3727a form to be furnished by the department, which the person may
3728take to any driver's license examining office. The department
3729shall issue a temporary driver's permit to a licensee who
3730presents the court's order of reinstatement, proof of completion
3731of a department-approved driver training or substance abuse
3732education course, and a written request for a hearing under s.
3733322.271. The permit shall not be issued if a record check by the
3734department shows that the person has previously been convicted
3735for a violation of s. 316.193, former s. 316.1931, former s.
3736316.028, former s. 860.01, or a previous conviction outside this
3737state for driving under the influence, driving while
3738intoxicated, driving with an unlawful blood-alcohol level, or
3739any similar alcohol-related or drug-related traffic offense;
3740that the person's driving privilege has been previously
3741suspended for refusal to submit to a lawful test of breath,
3742blood, or urine; or that the person is otherwise not entitled to
3743issuance of a driver's license. This paragraph shall not be
3744construed to prevent the reinstatement of a license or driving
3745privilege that is presently suspended for driving with an
3746unlawful blood-alcohol level or a refusal to submit to a breath,
3747urine, or blood test and is also revoked for a conviction for a
3748violation of s. 316.193 or former s. 316.1931, if the suspension
3749and revocation arise out of the same incident.
3750     Section 72.  For the purpose of incorporating the amendment
3751made by this act to section 316.193, Florida Statutes, in a
3752reference thereto, paragraph (a) of subsection (1) of section
3753322.291, Florida Statutes, is reenacted to read:
3754     322.291  Driver improvement schools or DUI programs;
3755required in certain suspension and revocation cases.--Except as
3756provided in s. 322.03(2), any person:
3757     (1)  Whose driving privilege has been revoked:
3758     (a)  Upon conviction for:
3759     1.  Driving, or being in actual physical control of, any
3760vehicle while under the influence of alcoholic beverages, any
3761chemical substance set forth in s. 877.111, or any substance
3762controlled under chapter 893, in violation of s. 316.193;
3763     2.  Driving with an unlawful blood- or breath-alcohol
3764level;
3765     3.  Manslaughter resulting from the operation of a motor
3766vehicle;
3767     4.  Failure to stop and render aid as required under the
3768laws of this state in the event of a motor vehicle crash
3769resulting in the death or personal injury of another;
3770     5.  Reckless driving; or
3771
3772shall, before the driving privilege may be reinstated, present
3773to the department proof of enrollment in a department-approved
3774advanced driver improvement course operating pursuant to s.
3775318.1451 or a substance abuse education course conducted by a
3776DUI program licensed pursuant to s. 322.292, which shall include
3777a psychosocial evaluation and treatment, if referred. If the
3778person fails to complete such course or evaluation within 90
3779days after reinstatement, or subsequently fails to complete
3780treatment, if referred, the DUI program shall notify the
3781department of the failure. Upon receipt of the notice, the
3782department shall cancel the offender's driving privilege,
3783notwithstanding the expiration of the suspension or revocation
3784of the driving privilege. The department may temporarily
3785reinstate the driving privilege upon verification from the DUI
3786program that the offender has completed the education course and
3787evaluation requirement and has reentered and is currently
3788participating in treatment. If the DUI program notifies the
3789department of the second failure to complete treatment, the
3790department shall reinstate the driving privilege only after
3791notice of completion of treatment from the DUI program.
3792     Section 73.  For the purpose of incorporating the amendment
3793made by this act to section 316.193, Florida Statutes, in a
3794reference thereto, paragraph (a) of subsection (9) of section
3795322.34, Florida Statutes, is reenacted to read:
3796     322.34  Driving while license suspended, revoked, canceled,
3797or disqualified.--
3798     (9)(a)  A motor vehicle that is driven by a person under
3799the influence of alcohol or drugs in violation of s. 316.193 is
3800subject to seizure and forfeiture under ss. 932.701-932.707 and
3801is subject to liens for recovering, towing, or storing vehicles
3802under s. 713.78 if, at the time of the offense, the person's
3803driver's license is suspended, revoked, or canceled as a result
3804of a prior conviction for driving under the influence.
3805     Section 74.  For the purpose of incorporating the amendment
3806made by this act to section 316.193, Florida Statutes, in a
3807reference thereto, subsection (3) of section 322.62, Florida
3808Statutes, is reenacted to read:
3809     322.62  Driving under the influence; commercial motor
3810vehicle operators.--
3811     (3)  This section does not supersede s. 316.193. Nothing in
3812this section prohibits the prosecution of a person who drives a
3813commercial motor vehicle for driving under the influence of
3814alcohol or controlled substances whether or not such person is
3815also prosecuted for a violation of this section.
3816     Section 75.  For the purpose of incorporating the amendment
3817made by this act to section 316.193, Florida Statutes, in
3818references thereto, paragraph (d) of subsection (2) and
3819subsection (6) of section 322.63, Florida Statutes, are
3820reenacted to read:
3821     322.63  Alcohol or drug testing; commercial motor vehicle
3822operators.--
3823     (2)  The chemical and physical tests authorized by this
3824section shall only be required if a law enforcement officer has
3825reasonable cause to believe that a person driving a commercial
3826motor vehicle has any alcohol, chemical substance, or controlled
3827substance in his or her body.
3828     (d)  The administration of one test under paragraph (a),
3829paragraph (b), or paragraph (c) shall not preclude the
3830administration of a different test under paragraph (a),
3831paragraph (b), or paragraph (c). However, a urine test may not
3832be used to determine alcohol concentration and a breath test may
3833not be used to determine the presence of controlled substances
3834or chemical substances in a person's body. Notwithstanding the
3835provisions of this paragraph, in the event a Florida licensee
3836has been convicted in another state for an offense substantially
3837similar to s. 316.193 or to s. 322.62, which conviction was
3838based upon evidence of test results prohibited by this
3839paragraph, that out-of-state conviction shall constitute a
3840conviction for the purposes of this chapter.
3841     (6)  Notwithstanding any provision of law pertaining to the
3842confidentiality of hospital records or other medical records,
3843information relating to the alcohol content of a person's blood
3844or the presence of chemical substances or controlled substances
3845in a person's blood obtained pursuant to this section shall be
3846released to a court, prosecuting attorney, defense attorney, or
3847law enforcement officer in connection with an alleged violation
3848of s. 316.193 or s. 322.62 upon request for such information.
3849     Section 76.  For the purpose of incorporating the amendment
3850made by this act to section 316.193, Florida Statutes, in
3851references thereto, subsections (1) and (2), paragraph (a) of
3852subsection (7), paragraph (b) of subsection (8), and subsections
3853(14) and (15) of section 322.64, Florida Statutes, are reenacted
3854to read:
3855     322.64  Holder of commercial driver's license; driving with
3856unlawful blood-alcohol level; refusal to submit to breath,
3857urine, or blood test.--
3858     (1)(a)  A law enforcement officer or correctional officer
3859shall, on behalf of the department, disqualify from operating
3860any commercial motor vehicle a person who while operating or in
3861actual physical control of a commercial motor vehicle is
3862arrested for a violation of s. 316.193, relating to unlawful
3863blood-alcohol level or breath-alcohol level, or a person who has
3864refused to submit to a breath, urine, or blood test authorized
3865by s. 322.63 arising out of the operation or actual physical
3866control of a commercial motor vehicle. Upon disqualification of
3867the person, the officer shall take the person's driver's license
3868and issue the person a 10-day temporary permit for the operation
3869of noncommercial vehicles only if the person is otherwise
3870eligible for the driving privilege and shall issue the person a
3871notice of disqualification. If the person has been given a
3872blood, breath, or urine test, the results of which are not
3873available to the officer at the time of the arrest, the agency
3874employing the officer shall transmit such results to the
3875department within 5 days after receipt of the results. If the
3876department then determines that the person was arrested for a
3877violation of s. 316.193 and that the person had a blood-alcohol
3878level or breath-alcohol level of 0.08 or higher, the department
3879shall disqualify the person from operating a commercial motor
3880vehicle pursuant to subsection (3).
3881     (b)  The disqualification under paragraph (a) shall be
3882pursuant to, and the notice of disqualification shall inform the
3883driver of, the following:
3884     1.a.  The driver refused to submit to a lawful breath,
3885blood, or urine test and he or she is disqualified from
3886operating a commercial motor vehicle for a period of 1 year, for
3887a first refusal, or permanently, if he or she has previously
3888been disqualified as a result of a refusal to submit to such a
3889test; or
3890     b.  The driver violated s. 316.193 by driving with an
3891unlawful blood-alcohol level and he or she is disqualified from
3892operating a commercial motor vehicle for a period of 6 months
3893for a first offense or for a period of 1 year if he or she has
3894previously been disqualified, or his or her driving privilege
3895has been previously suspended, for a violation of s. 316.193.
3896     2.  The disqualification period for operating commercial
3897vehicles shall commence on the date of arrest or issuance of
3898notice of disqualification, whichever is later.
3899     3.  The driver may request a formal or informal review of
3900the disqualification by the department within 10 days after the
3901date of arrest or issuance of notice of disqualification,
3902whichever is later.
3903     4.  The temporary permit issued at the time of arrest or
3904disqualification will expire at midnight of the 10th day
3905following the date of disqualification.
3906     5.  The driver may submit to the department any materials
3907relevant to the arrest.
3908     (2)  Except as provided in paragraph (1)(a), the law
3909enforcement officer shall forward to the department, within 5
3910days after the date of the arrest or the issuance of the notice
3911of disqualification, whichever is later, a copy of the notice of
3912disqualification, the driver's license of the person arrested,
3913and a report of the arrest, including, if applicable, an
3914affidavit stating the officer's grounds for belief that the
3915person arrested was in violation of s. 316.193; the results of
3916any breath or blood test or an affidavit stating that a breath,
3917blood, or urine test was requested by a law enforcement officer
3918or correctional officer and that the person arrested refused to
3919submit; a copy of the citation issued to the person arrested;
3920and the officer's description of the person's field sobriety
3921test, if any. The failure of the officer to submit materials
3922within the 5-day period specified in this subsection or
3923subsection (1) shall not affect the department's ability to
3924consider any evidence submitted at or prior to the hearing. The
3925officer may also submit a copy of a videotape of the field
3926sobriety test or the attempt to administer such test.
3927     (7)  In a formal review hearing under subsection (6) or an
3928informal review hearing under subsection (4), the hearing
3929officer shall determine by a preponderance of the evidence
3930whether sufficient cause exists to sustain, amend, or invalidate
3931the disqualification. The scope of the review shall be limited
3932to the following issues:
3933     (a)  If the person was disqualified from operating a
3934commercial motor vehicle for driving with an unlawful blood-
3935alcohol level in violation of s. 316.193:
3936     1.  Whether the arresting law enforcement officer had
3937probable cause to believe that the person was driving or in
3938actual physical control of a commercial motor vehicle in this
3939state while he or she had any alcohol, chemical substances, or
3940controlled substances in his or her body.
3941     2.  Whether the person was placed under lawful arrest for a
3942violation of s. 316.193.
3943     3.  Whether the person had an unlawful blood-alcohol level
3944as provided in s. 316.193.
3945     (8)  Based on the determination of the hearing officer
3946pursuant to subsection (7) for both informal hearings under
3947subsection (4) and formal hearings under subsection (6), the
3948department shall:
3949     (b)  Sustain the disqualification for a period of 6 months
3950for a violation of s. 316.193 or for a period of 1 year if the
3951person has been previously disqualified from operating a
3952commercial motor vehicle or his or her driving privilege has
3953been previously suspended as a result of a violation of s.
3954316.193. The disqualification period commences on the date of
3955the arrest or issuance of the notice of disqualification,
3956whichever is later.
3957     (14)  The decision of the department under this section
3958shall not be considered in any trial for a violation of s.
3959316.193, s. 322.61, or s. 322.62, nor shall any written
3960statement submitted by a person in his or her request for
3961departmental review under this section be admissible into
3962evidence against him or her in any such trial. The disposition
3963of any related criminal proceedings shall not affect a
3964disqualification imposed pursuant to this section.
3965     (15)  This section does not preclude the suspension of the
3966driving privilege pursuant to s. 322.2615. The driving privilege
3967of a person who has been disqualified from operating a
3968commercial motor vehicle also may be suspended for a violation
3969of s. 316.193.
3970     Section 77.  For the purpose of incorporating the amendment
3971made by this act to section 316.193, Florida Statutes, in a
3972reference thereto, paragraph (f) of subsection (4) of section
3973323.001, Florida Statutes, is reenacted to read:
3974     323.001  Wrecker operator storage facilities; vehicle
3975holds.--
3976     (4)  The requirements for a written hold apply when the
3977following conditions are present:
3978     (f)  The vehicle is impounded or immobilized pursuant to s.
3979316.193 or s. 322.34; or
3980     Section 78.  For the purpose of incorporating the amendment
3981made by this act to section 316.193, Florida Statutes, in
3982references thereto, section 324.023, Florida Statutes, is
3983reenacted to read:
3984     324.023  Financial responsibility for bodily injury or
3985death.--In addition to any other financial responsibility
3986required by law, every owner or operator of a motor vehicle that
3987is required to be registered in this state, or that is located
3988within this state, and who, regardless of adjudication of guilt,
3989has been found guilty of or entered a plea of guilty or nolo
3990contendere to a charge of driving under the influence under s.
3991316.193 after October 1, 2007, shall, by one of the methods
3992established in s. 324.031(1), (2), or (3), establish and
3993maintain the ability to respond in damages for liability on
3994account of accidents arising out of the use of a motor vehicle
3995in the amount of $100,000 because of bodily injury to, or death
3996of, one person in any one crash and, subject to such limits for
3997one person, in the amount of $300,000 because of bodily injury
3998to, or death of, two or more persons in any one crash and in the
3999amount of $50,000 because of property damage in any one crash.
4000If the owner or operator chooses to establish and maintain such
4001ability by posting a bond or furnishing a certificate of deposit
4002pursuant to s. 324.031(2) or (3), such bond or certificate of
4003deposit must be in an amount not less than $350,000. Such higher
4004limits must be carried for a minimum period of 3 years. If the
4005owner or operator has not been convicted of driving under the
4006influence or a felony traffic offense for a period of 3 years
4007from the date of reinstatement of driving privileges for a
4008violation of s. 316.193, the owner or operator shall be exempt
4009from this section.
4010     Section 79.  For the purpose of incorporating the amendment
4011made by this act to section 316.193, Florida Statutes, in a
4012reference thereto, section 324.131, Florida Statutes, is
4013reenacted to read:
4014     324.131  Period of suspension.--Such license, registration
4015and nonresident's operating privilege shall remain so suspended
4016and shall not be renewed, nor shall any such license or
4017registration be thereafter issued in the name of such person,
4018including any such person not previously licensed, unless and
4019until every such judgment is stayed, satisfied in full or to the
4020extent of the limits stated in s. 324.021(7) and until the said
4021person gives proof of financial responsibility as provided in s.
4022324.031, such proof to be maintained for 3 years. In addition,
4023if the person's license or registration has been suspended or
4024revoked due to a violation of s. 316.193 or pursuant to s.
4025322.26(2), that person shall maintain noncancelable liability
4026coverage for each motor vehicle registered in his or her name,
4027as described in s. 627.7275(2), and must present proof that
4028coverage is in force on a form adopted by the Department of
4029Highway Safety and Motor Vehicles, such proof to be maintained
4030for 3 years.
4031     Section 80.  For the purpose of incorporating the amendment
4032made by this act to section 316.193, Florida Statutes, in a
4033reference thereto, subsection (6) of section 327.35, Florida
4034Statutes, is reenacted to read:
4035     327.35  Boating under the influence; penalties; "designated
4036drivers".--
4037     (6)  With respect to any person convicted of a violation of
4038subsection (1), regardless of any other penalty imposed:
4039     (a)  For the first conviction, the court shall place the
4040defendant on probation for a period not to exceed 1 year and, as
4041a condition of such probation, shall order the defendant to
4042participate in public service or a community work project for a
4043minimum of 50 hours. The court must also, as a condition of
4044probation, order the impoundment or immobilization of the vessel
4045that was operated by or in the actual control of the defendant
4046or any one vehicle registered in the defendant's name at the
4047time of impoundment or immobilization, for a period of 10 days
4048or for the unexpired term of any lease or rental agreement that
4049expires within 10 days. The impoundment or immobilization must
4050not occur concurrently with the incarceration of the defendant.
4051The impoundment or immobilization order may be dismissed in
4052accordance with paragraph (e) or paragraph (f). The total period
4053of probation and incarceration may not exceed 1 year.
4054     (b)  For the second conviction for an offense that occurs
4055within a period of 5 years after the date of a prior conviction
4056for violation of this section, the court shall order
4057imprisonment for not less than 10 days. The court must also, as
4058a condition of probation, order the impoundment or
4059immobilization of the vessel that was operated by or in the
4060actual control of the defendant or any one vehicle registered in
4061the defendant's name at the time of impoundment or
4062immobilization, for a period of 30 days or for the unexpired
4063term of any lease or rental agreement that expires within 30
4064days. The impoundment or immobilization must not occur
4065concurrently with the incarceration of the defendant. The
4066impoundment or immobilization order may be dismissed in
4067accordance with paragraph (e) or paragraph (f). At least 48
4068hours of confinement must be consecutive.
4069     (c)  For the third or subsequent conviction for an offense
4070that occurs within a period of 10 years after the date of a
4071prior conviction for violation of this section, the court shall
4072order imprisonment for not less than 30 days. The court must
4073also, as a condition of probation, order the impoundment or
4074immobilization of the vessel that was operated by or in the
4075actual control of the defendant or any one vehicle registered in
4076the defendant's name at the time of impoundment or
4077immobilization, for a period of 90 days or for the unexpired
4078term of any lease or rental agreement that expires within 90
4079days. The impoundment or immobilization must not occur
4080concurrently with the incarceration of the defendant. The
4081impoundment or immobilization order may be dismissed in
4082accordance with paragraph (e) or paragraph (f). At least 48
4083hours of confinement must be consecutive.
4084     (d)  The court must at the time of sentencing the defendant
4085issue an order for the impoundment or immobilization of a
4086vessel. Within 7 business days after the date that the court
4087issues the order of impoundment, and once again 30 business days
4088before the actual impoundment or immobilization of the vessel,
4089the clerk of the court must send notice by certified mail,
4090return receipt requested, to the registered owner of each
4091vessel, if the registered owner is a person other than the
4092defendant, and to each person of record claiming a lien against
4093the vessel.
4094     (e)  A person who owns but was not operating the vessel
4095when the offense occurred may submit to the court a police
4096report indicating that the vessel was stolen at the time of the
4097offense or documentation of having purchased the vessel after
4098the offense was committed from an entity other than the
4099defendant or the defendant's agent. If the court finds that the
4100vessel was stolen or that the sale was not made to circumvent
4101the order and allow the defendant continued access to the
4102vessel, the order must be dismissed and the owner of the vessel
4103will incur no costs. If the court denies the request to dismiss
4104the order of impoundment or immobilization, the petitioner may
4105request an evidentiary hearing.
4106     (f)  A person who owns but was not operating the vessel
4107when the offense occurred, and whose vessel was stolen or who
4108purchased the vessel after the offense was committed directly
4109from the defendant or the defendant's agent, may request an
4110evidentiary hearing to determine whether the impoundment or
4111immobilization should occur. If the court finds that either the
4112vessel was stolen or the purchase was made without knowledge of
4113the offense, that the purchaser had no relationship to the
4114defendant other than through the transaction, and that such
4115purchase would not circumvent the order and allow the defendant
4116continued access to the vessel, the order must be dismissed and
4117the owner of the vessel will incur no costs.
4118     (g)  All costs and fees for the impoundment or
4119immobilization, including the cost of notification, must be paid
4120by the owner of the vessel or, if the vessel is leased or
4121rented, by the person leasing or renting the vessel, unless the
4122impoundment or immobilization order is dismissed.
4123     (h)  The person who owns a vessel that is impounded or
4124immobilized under this paragraph, or a person who has a lien of
4125record against such a vessel and who has not requested a review
4126of the impoundment pursuant to paragraph (e) or paragraph (f),
4127may, within 10 days after the date that person has knowledge of
4128the location of the vessel, file a complaint in the county in
4129which the owner resides to determine whether the vessel was
4130wrongfully taken or withheld from the owner or lienholder. Upon
4131the filing of a complaint, the owner or lienholder may have the
4132vessel released by posting with the court a bond or other
4133adequate security equal to the amount of the costs and fees for
4134impoundment or immobilization, including towing or storage, to
4135ensure the payment of the costs and fees if the owner or
4136lienholder does not prevail. When the bond is posted and the fee
4137is paid as set forth in s. 28.24, the clerk of the court shall
4138issue a certificate releasing the vessel. At the time of
4139release, after reasonable inspection, the owner or lienholder
4140must give a receipt to the towing or storage company indicating
4141any loss or damage to the vessel or to the contents of the
4142vessel.
4143     (i)  A defendant, in the court's discretion, may be
4144required to serve all or any portion of a term of imprisonment
4145to which the defendant has been sentenced pursuant to this
4146section in a residential alcoholism treatment program or a
4147residential drug abuse treatment program. Any time spent in such
4148a program must be credited by the court toward the term of
4149imprisonment.
4150
4151For the purposes of this section, any conviction for a violation
4152of s. 316.193, a previous conviction for the violation of former
4153s. 316.1931, former s. 860.01, or former s. 316.028, or a
4154previous conviction outside this state for driving under the
4155influence, driving while intoxicated, driving with an unlawful
4156blood-alcohol level, driving with an unlawful breath-alcohol
4157level, or any other similar alcohol-related or drug-related
4158traffic offense, is also considered a previous conviction for
4159violation of this section.
4160     Section 81.  For the purpose of incorporating the amendment
4161made by this act to section 316.193, Florida Statutes, in a
4162reference thereto, subsection (1) of section 337.195, Florida
4163Statutes, is reenacted to read:
4164     337.195  Limits on liability.--
4165     (1)  In a civil action for the death of or injury to a
4166person, or for damage to property, against the Department of
4167Transportation or its agents, consultants, or contractors for
4168work performed on a highway, road, street, bridge, or other
4169transportation facility when the death, injury, or damage
4170resulted from a motor vehicle crash within a construction zone
4171in which the driver of one of the vehicles was under the
4172influence of alcoholic beverages as set forth in s. 316.193,
4173under the influence of any chemical substance as set forth in s.
4174877.111, or illegally under the influence of any substance
4175controlled under chapter 893 to the extent that her or his
4176normal faculties were impaired or that she or he operated a
4177vehicle recklessly as defined in s. 316.192, it is presumed that
4178the driver's operation of the vehicle was the sole proximate
4179cause of her or his own death, injury, or damage. This
4180presumption can be overcome if the gross negligence or
4181intentional misconduct of the Department of Transportation, or
4182of its agents, consultants, or contractors, was a proximate
4183cause of the driver's death, injury, or damage.
4184     Section 82.  For the purpose of incorporating the amendment
4185made by this act to section 316.193, Florida Statutes, in a
4186reference thereto, paragraph (c) of subsection (17) of section
4187440.02, Florida Statutes, is reenacted to read:
4188     440.02  Definitions.--When used in this chapter, unless the
4189context clearly requires otherwise, the following terms shall
4190have the following meanings:
4191     (17)
4192     (c)  "Employment" does not include service performed by or
4193as:
4194     1.  Domestic servants in private homes.
4195     2.  Agricultural labor performed on a farm in the employ of
4196a bona fide farmer, or association of farmers, that employs 5 or
4197fewer regular employees and that employs fewer than 12 other
4198employees at one time for seasonal agricultural labor that is
4199completed in less than 30 days, provided such seasonal
4200employment does not exceed 45 days in the same calendar year.
4201The term "farm" includes stock, dairy, poultry, fruit, fur-
4202bearing animals, fish, and truck farms, ranches, nurseries, and
4203orchards. The term "agricultural labor" includes field foremen,
4204timekeepers, checkers, and other farm labor supervisory
4205personnel.
4206     3.  Professional athletes, such as professional boxers,
4207wrestlers, baseball, football, basketball, hockey, polo, tennis,
4208jai alai, and similar players, and motorsports teams competing
4209in a motor racing event as defined in s. 549.08.
4210     4.  Labor under a sentence of a court to perform community
4211services as provided in s. 316.193.
4212     5.  State prisoners or county inmates, except those
4213performing services for private employers or those enumerated in
4214s. 948.036(1).
4215     Section 83.  For the purpose of incorporating the amendment
4216made by this act to section 316.193, Florida Statutes, in a
4217reference thereto, paragraph (b) of subsection (7) of section
4218440.09, Florida Statutes, is reenacted to read:
4219     440.09  Coverage.--
4220     (7)
4221     (b)  If the employee has, at the time of the injury, a
4222blood alcohol level equal to or greater than the level specified
4223in s. 316.193, or if the employee has a positive confirmation of
4224a drug as defined in this act, it is presumed that the injury
4225was occasioned primarily by the intoxication of, or by the
4226influence of the drug upon, the employee. If the employer has
4227implemented a drug-free workplace, this presumption may be
4228rebutted only by evidence that there is no reasonable hypothesis
4229that the intoxication or drug influence contributed to the
4230injury. In the absence of a drug-free workplace program, this
4231presumption may be rebutted by clear and convincing evidence
4232that the intoxication or influence of the drug did not
4233contribute to the injury. Percent by weight of alcohol in the
4234blood must be based upon grams of alcohol per 100 milliliters of
4235blood. If the results are positive, the testing facility must
4236maintain the specimen for a minimum of 90 days. Blood serum may
4237be used for testing purposes under this chapter; however, if
4238this test is used, the presumptions under this section do not
4239arise unless the blood alcohol level is proved to be medically
4240and scientifically equivalent to or greater than the comparable
4241blood alcohol level that would have been obtained if the test
4242were based on percent by weight of alcohol in the blood.
4243However, if, before the accident, the employer had actual
4244knowledge of and expressly acquiesced in the employee's presence
4245at the workplace while under the influence of such alcohol or
4246drug, the presumptions specified in this subsection do not
4247apply.
4248     Section 84.  For the purpose of incorporating the amendment
4249made by this act to section 316.193, Florida Statutes, in a
4250reference thereto, paragraph (d) of subsection (1) of section
4251493.6106, Florida Statutes, is reenacted to read:
4252     493.6106  License requirements; posting.--
4253     (1)  Each individual licensed by the department must:
4254     (d)  Not be a chronic and habitual user of alcoholic
4255beverages to the extent that her or his normal faculties are
4256impaired; not have been committed under chapter 397, former
4257chapter 396, or a similar law in any other state; not have been
4258found to be a habitual offender under s. 856.011(3) or a similar
4259law in any other state; and not have had two or more convictions
4260under s. 316.193 or a similar law in any other state within the
42613-year period immediately preceding the date the application was
4262filed, unless the individual establishes that she or he is not
4263currently impaired and has successfully completed a
4264rehabilitation course.
4265     Section 85.  For the purpose of incorporating the amendment
4266made by this act to section 316.193, Florida Statutes, in a
4267reference thereto, paragraph (a) of subsection (2) of section
4268627.7275, Florida Statutes, is reenacted to read:
4269     627.7275  Motor vehicle liability.--
4270     (2)(a)  Insurers writing motor vehicle insurance in this
4271state shall make available, subject to the insurers' usual
4272underwriting restrictions:
4273     1.  Coverage under policies as described in subsection (1)
4274to any applicant for private passenger motor vehicle insurance
4275coverage who is seeking the coverage in order to reinstate the
4276applicant's driving privileges in this state when the driving
4277privileges were revoked or suspended pursuant to s. 316.646 or
4278s. 324.0221 due to the failure of the applicant to maintain
4279required security.
4280     2.  Coverage under policies as described in subsection (1),
4281which also provides liability coverage for bodily injury, death,
4282and property damage arising out of the ownership, maintenance,
4283or use of the motor vehicle in an amount not less than the
4284limits described in s. 324.021(7) and conforms to the
4285requirements of s. 324.151, to any applicant for private
4286passenger motor vehicle insurance coverage who is seeking the
4287coverage in order to reinstate the applicant's driving
4288privileges in this state after such privileges were revoked or
4289suspended under s. 316.193 or s. 322.26(2) for driving under the
4290influence.
4291     Section 86.  For the purpose of incorporating the amendment
4292made by this act to section 316.193, Florida Statutes, in a
4293reference thereto, subsection (4) of section 627.758, Florida
4294Statutes, is reenacted to read:
4295     627.758  Surety on auto club traffic arrest bond;
4296conditions, limit; bail bond.--
4297     (4)  Notwithstanding the provisions of s. 626.311 or
4298chapter 648, any surety insurer identified in a guaranteed
4299traffic arrest bond certificate or any licensed general lines
4300agent of the surety insurer may execute a bail bond for the
4301automobile club or association member identified in the
4302guaranteed traffic arrest bond certificate in an amount not in
4303excess of $5,000 for any violation of chapter 316 or any similar
4304traffic law or ordinance except for driving under the influence
4305of alcoholic beverages, chemical substances, or controlled
4306substances, as prohibited by s. 316.193.
4307     Section 87.  For the purpose of incorporating the amendment
4308made by this act to section 316.193, Florida Statutes, in
4309references thereto, paragraph (f) of subsection (2) and
4310paragraph (f) of subsection (10) of section 790.06, Florida
4311Statutes, are reenacted to read:
4312     790.06  License to carry concealed weapon or firearm.--
4313     (2)  The Department of Agriculture and Consumer Services
4314shall issue a license if the applicant:
4315     (f)  Does not chronically and habitually use alcoholic
4316beverages or other substances to the extent that his or her
4317normal faculties are impaired. It shall be presumed that an
4318applicant chronically and habitually uses alcoholic beverages or
4319other substances to the extent that his or her normal faculties
4320are impaired if the applicant has been committed under chapter
4321397 or under the provisions of former chapter 396 or has been
4322convicted under s. 790.151 or has been deemed a habitual
4323offender under s. 856.011(3), or has had two or more convictions
4324under s. 316.193 or similar laws of any other state, within the
43253-year period immediately preceding the date on which the
4326application is submitted;
4327     (10)  A license issued under this section shall be
4328suspended or revoked pursuant to chapter 120 if the licensee:
4329     (f)  Is convicted of a second violation of s. 316.193, or a
4330similar law of another state, within 3 years of a previous
4331conviction of such section, or similar law of another state,
4332even though the first violation may have occurred prior to the
4333date on which the application was submitted;
4334     Section 88.  For the purpose of incorporating the amendment
4335made by this act to section 316.193, Florida Statutes, in a
4336reference thereto, subsection (2) of section 903.36, Florida
4337Statutes, is reenacted to read:
4338     903.36  Guaranteed arrest bond certificates as cash bail.--
4339     (2)  The execution of a bail bond by a licensed general
4340lines agent of a surety insurer for the automobile club or
4341association member identified in the guaranteed traffic arrest
4342bond certificate, as provided in s. 627.758(4), shall be
4343accepted as bail in an amount not to exceed $5,000 for the
4344appearance of the person named in the certificate in any court
4345to answer for the violation of a provision of chapter 316 or a
4346similar traffic law or ordinance, except driving under the
4347influence of alcoholic beverages, chemical substances, or
4348controlled substances, as prohibited by s. 316.193. Presentation
4349of the guaranteed traffic arrest bond certificate and a power of
4350attorney from the surety insurer for its licensed general lines
4351agents is authorization for such agent to execute the bail bond.
4352     Section 89.  For the purpose of incorporating the amendment
4353made by this act to section 316.193, Florida Statutes, in
4354references thereto, paragraph (c) of subsection (4) of section
4355907.041, Florida Statutes, is reenacted to read:
4356     907.041  Pretrial detention and release.--
4357     (4)  PRETRIAL DETENTION.--
4358     (c)  The court may order pretrial detention if it finds a
4359substantial probability, based on a defendant's past and present
4360patterns of behavior, the criteria in s. 903.046, and any other
4361relevant facts, that any of the following circumstances exists:
4362     1.  The defendant has previously violated conditions of
4363release and that no further conditions of release are reasonably
4364likely to assure the defendant's appearance at subsequent
4365proceedings;
4366     2.  The defendant, with the intent to obstruct the judicial
4367process, has threatened, intimidated, or injured any victim,
4368potential witness, juror, or judicial officer, or has attempted
4369or conspired to do so, and that no condition of release will
4370reasonably prevent the obstruction of the judicial process;
4371     3.  The defendant is charged with trafficking in controlled
4372substances as defined by s. 893.135, that there is a substantial
4373probability that the defendant has committed the offense, and
4374that no conditions of release will reasonably assure the
4375defendant's appearance at subsequent criminal proceedings; or
4376     4.  The defendant is charged with DUI manslaughter, as
4377defined by s. 316.193, and that there is a substantial
4378probability that the defendant committed the crime and that the
4379defendant poses a threat of harm to the community; conditions
4380that would support a finding by the court pursuant to this
4381subparagraph that the defendant poses a threat of harm to the
4382community include, but are not limited to, any of the following:
4383     a.  The defendant has previously been convicted of any
4384crime under s. 316.193, or of any crime in any other state or
4385territory of the United States that is substantially similar to
4386any crime under s. 316.193;
4387     b.  The defendant was driving with a suspended driver's
4388license when the charged crime was committed; or
4389     c.  The defendant has previously been found guilty of, or
4390has had adjudication of guilt withheld for, driving while the
4391defendant's driver's license was suspended or revoked in
4392violation of s. 322.34;
4393     5.  The defendant poses the threat of harm to the
4394community. The court may so conclude, if it finds that the
4395defendant is presently charged with a dangerous crime, that
4396there is a substantial probability that the defendant committed
4397such crime, that the factual circumstances of the crime indicate
4398a disregard for the safety of the community, and that there are
4399no conditions of release reasonably sufficient to protect the
4400community from the risk of physical harm to persons.
4401     6.  The defendant was on probation, parole, or other
4402release pending completion of sentence or on pretrial release
4403for a dangerous crime at the time the current offense was
4404committed; or
4405     7.  The defendant has violated one or more conditions of
4406pretrial release or bond for the offense currently before the
4407court and the violation, in the discretion of the court,
4408supports a finding that no conditions of release can reasonably
4409protect the community from risk of physical harm to persons or
4410assure the presence of the accused at trial.
4411     Section 90.  Except as otherwise expressly provided in this
4412act, this act shall take effect upon becoming a law.


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