November 27, 2020
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_h1399e1
CS/CS/HB 1399

1
A bill to be entitled
2An act relating to the Department of Transportation;
3amending s. 20.23, F.S.; providing for the salary and
4benefits of the executive director of the Florida
5Transportation Commission to be set in accordance with the
6Senior Management Service; amending s. 125.42, F.S.;
7providing for counties to incur certain costs related to
8relocation or removal of certain utility facilities under
9specified circumstances; amending s. 163.3177, F.S.;
10revising requirements for comprehensive plans; providing a
11timeframe for submission of certain information to the
12state land planning agency; providing for airports, land
13adjacent to airports, and certain interlocal agreements
14relating thereto in certain elements of the plan; amending
15s. 163.3178, F.S.; providing that certain port-related
16facilities are not developments of regional impact under
17certain circumstances; amending s. 163.3182, F.S.,
18relating to transportation concurrency backlog
19authorities; providing legislative findings and
20declarations; expanding the power of authorities to borrow
21money to include issuing certain debt obligations;
22providing a maximum maturity date for certain debt
23incurred to finance or refinance certain transportation
24concurrency backlog projects; authorizing authorities to
25continue operations and administer certain trust funds for
26the period of the remaining outstanding debt; requiring
27local transportation concurrency backlog trust funds to
28continue to be funded for certain purposes; providing for
29increased ad valorem tax increment funding for such trust
30funds under certain circumstances; revising provisions for
31dissolution of an authority; amending s. 287.055, F.S.;
32conforming a cross-reference; amending s. 316.0741, F.S.;
33redefining the term "hybrid vehicle"; authorizing the
34driving of a hybrid, low-emission, or energy-efficient
35vehicle in a high-occupancy-vehicle lane regardless of
36occupancy; requiring certain vehicles to comply with
37specified federal standards to be driven in an HOV lane
38regardless of occupancy; revising provisions for issuance
39of a decal and certificate; providing for the Department
40of Highway Safety and Motor Vehicles to limit or
41discontinue issuance of decals for the use of HOV
42facilities by hybrid and low-emission and energy-efficient
43vehicles under certain circumstances; directing the
44department to review a specified federal rule and make a
45report to the Legislature; exempting certain vehicles from
46the payment of certain tolls; amending s. 316.193, F.S.;
47revising the prohibition against driving under the
48influence of alcohol; revising the blood-alcohol or
49breath-alcohol level at which certain penalties apply;
50revising requirement for placement of an ignition
51interlock device; amending s. 316.2397, F.S.; allowing
52county correctional agencies to use blue lights on
53vehicles when responding to emergencies; amending s.
54316.302, F.S.; revising references to rules, regulations,
55and criteria governing commercial motor vehicles engaged
56in intrastate commerce; providing that the department
57performs duties assigned to the Field Administrator of the
58Federal Motor Carrier Safety Administration under the
59federal rules and may enforce those rules; amending ss.
60316.613 and 316.614, F.S.; revising the definition of
61"motor vehicle" for purposes of child restraint and safety
62belt usage requirements; amending s. 316.656, F.S.;
63revising the prohibition against a judge accepting a plea
64to a lesser offense from a person charged under certain
65DUI provisions; revising the blood-alcohol or breath-
66alcohol level at which the prohibition applies; amending
67s. 318.18, F.S.; providing that a license may not be
68suspended for failure to pay tolls if a SunPass is
69registered to the vehicle involved; amending s. 320.02,
70F.S.; removing a requirement for a motorcycle endorsement
71at the time of original registration of a motorcycle,
72motor-driven cycle, or moped; amending s. 322.64, F.S.;
73providing that refusal to submit to a breath, urine, or
74blood test disqualifies a person from operating a
75commercial motor vehicle; providing a period of
76disqualification if a person has an unlawful blood-alcohol
77or breath-alcohol level; providing for issuance of a
78notice of disqualification; revising the requirements for
79a formal review hearing following a person's
80disqualification from operating a commercial motor
81vehicle; amending s. 334.044, F.S.; revising powers and
82duties of the department; requiring the department to
83maintain certain training programs; authorizing such
84programs to provide for incremental increases to base
85salary for employees successfully completing training
86phases; providing that a county, municipality, or special
87district may not own or operate an asphalt plant or a
88portable or stationary concrete batch plant having an
89independent mixer; provides exemptions; amending s.
90337.0261, F.S.; providing legislative intent; revising the
91sunset date for the Strategic Aggregate Review Task Force;
92providing for an assessment of aggregate construction
93materials in the state; providing duties of the Department
94of Transportation, the Department of Environmental
95Protection, the Department of Community Affairs, and the
96Florida Geological Survey; providing for measures of the
97assessment; directing the Strategic Aggregate Review Task
98Force to prepare findings and make reports to the
99Governor, the Legislature, and the department; authorizing
100the department to adopt rules; providing an appropriation;
101amending s. 337.11, F.S.; providing for the department to
102pay a portion of certain proposal development costs;
103requiring the department to advertise certain contracts as
104design-build contracts; directing the department to adopt
105rules for certain procedures; amending ss. 337.14 and
106337.16, F.S.; conforming cross-references; amending s.
107337.18, F.S.; requiring the contractor to maintain a copy
108of the required payment and performance bond at certain
109locations and provide a copy upon request; providing that
110a copy may be obtained directly from the department;
111removing a provision requiring a copy be recorded in the
112public records of the county; amending s. 337.185, F.S.;
113providing for the State Arbitration Board to arbitrate
114certain claims relating to maintenance contracts;
115providing for a member of the board to be elected by
116maintenance companies as well as construction companies;
117amending s. 337.403, F.S.; providing for the department or
118local governmental entity to pay certain costs of removal
119or relocation of a utility facility that is found to be
120interfering with the use, maintenance, improvement,
121extension, or expansion of a public road or publicly owned
122rail corridor under described circumstances; amending s.
123337.408, F.S.; providing for public pay telephones and
124advertising thereon to be installed within the right-of-
125way limits of any municipal, county, or state road;
126amending s. 338.01, F.S.; requiring new and replacement
127electronic toll collection systems to be interoperable
128with the department's system; amending s. 338.165, F.S.;
129revising provisions for use of certain toll revenue;
130providing for application; amending s. 338.2216, F.S.;
131directing the Florida Turnpike Enterprise to implement new
132technologies and processes in its operations and
133collection of tolls and other amounts; providing contract
134bid requirements for fuel and food on the turnpike system;
135amending s. 338.223, F.S.; conforming a cross-reference;
136amending s. 338.231, F.S.; revising provisions for
137establishing and collecting tolls; authorizing collection
138of amounts to cover costs of toll collection and payment
139methods; requiring public notice and hearing; amending s.
140339.12, F.S.; revising requirements for aid and
141contributions by governmental entities for transportation
142projects; revising limits under which the department may
143enter into an agreement with a county for a project or
144project phase not in the adopted work program; authorizing
145the department to enter into certain long-term repayment
146agreements; amending s. 339.135, F.S.; revising the
147department's authority to amend the adopted work program;
148providing for a notification and review process for
149certain work program amendments; amending s. 339.155,
150F.S.; revising provisions for development of the Florida
151Transportation Plan; amending s. 339.2816, F.S., relating
152to the small county road assistance program; providing for
153resumption of certain funding for the program; revising
154the criteria for counties eligible to participate in the
155program; amending ss. 339.2819 and 339.285, F.S.;
156conforming cross-references; amending s. 341.301, F.S.;
157providing definitions relating to commuter rail service,
158rail corridors, and railroad operation for purposes of the
159rail program within the department; amending s. 341.302,
160F.S.; authorizing the department to assume certain
161liability on a rail corridor; authorizing the department
162to indemnify and hold harmless a railroad company when the
163department acquires a rail corridor from the company;
164providing allocation of risk; providing a specific cap on
165the amount of the contractual duty for such
166indemnification; authorizing the department to purchase
167and provide insurance in relation to rail corridors;
168authorizing marketing and promotional expenses; extending
169provisions to other governmental entities providing
170commuter rail service on public right-of-way; creating s.
171341.3023, F.S.; requiring the department to review and
172study commuter rail programs and intercity rail
173transportation systems; requiring a report to the Governor
174and the Legislature; repealing part III of ch. 343 F.S.;
175abolishing the Tampa Bay Commuter Transit Authority;
176amending s. 348.0003, F.S.; providing for financial
177disclosure for expressway, transportation, bridge, and
178toll authorities; amending s. 348.0004, F.S.; providing
179for certain expressway authorities to index toll rate
180increases; amending s. 479.01, F.S.; revising provisions
181for outdoor advertising; revising the definition of the
182term "automatic changeable facing"; amending s. 479.07,
183F.S.; revising a prohibition against signs on the State
184Highway System; revising requirements for display of the
185sign permit tag; directing the department to establish by
186rule a fee for furnishing a replacement permit tag;
187revising the pilot project for permitted signs to include
188Hillsborough County and areas within the boundaries of the
189City of Miami; amending s. 479.08, F.S.; revising
190provisions for denial or revocation of a sign permit;
191amending s. 479.156, F.S.; revising provisions for a
192municipality or county to permit and regulate wall murals;
193amending s. 479.261, F.S.; revising provisions for the
194logo sign program; revising requirements for businesses to
195participate in the program; authorizing the department to
196adopt rules for removing and adding businesses on a
197rotating basis; removing a provision for an application
198fee; revising the provisions for an annual permit fee;
199providing for rules to phase in the fee; creating a
200business partnership pilot program; authorizing the Palm
201Beach County School District to display names of business
202partners on district property in unincorporated areas;
203exempting the program from specified provisions; amending
204s. 768.28, F.S.; expanding the list of entities considered
205agents of the state; providing for construction in
206relation to certain federal laws; requiring the department
207to ensure certain providers of railroad related services
208meet certain requirements; requiring the department to
209conduct a study of transportation alternatives for the
210Interstate 95 corridor; requiring a report to the Governor
211and the Legislature; transferring the Office of Motor
212Carrier Compliance to the Division of the Florida Highway
213Patrol of the Department of Highway Safety and Motor
214Vehicles; providing for assistance to certain legislative
215substantive committees by the Division of Statutory
216Revision of the Office of Legislative Services for certain
217purposes; requiring the Office of Program Policy Analysis
218and Government Accountability to review the operations and
219efficiencies of the Miami-Dade Expressway Authority and
220submit a report on its findings to the Legislature;
221reenacting ss. 316.066(3)(a), 316.072(4)(b), 316.1932(3),
222316.1933(4), 316.1937(1) and (2)(d), 316.1939(1)(b),
223316.656(1), 318.143(4) and (5), 318.17(3), 320.055(1)(c),
224322.03(2), 322.0602(2)(a), 322.21(8), 322.25(5),
225322.26(1)(a), 322.2615(14)(a) and (16), 322.2616(15) and
226(19), 322.264(1)(b), 322.271(2)(a), (c) and (4),
227322.2715(2), (3)(a), (c), and (4), 322.28(2),
228322.282(2)(a), 322.291(1)(a), 322.34(9)(a), 322.62(3),
229322.63(2)(d) and (6), 322.64(1), (2), (7)(a), (8)(b),
230(14), and (15), 323.001(4)(f), 324.023, 324.131,
231327.35(6), 337.195(1), 440.02(17)(c), 440.09(7)(b),
232493.6106(1)(d), 627.7275(2)(a), 627.758(4), 790.06(2)(f)
233and (10)(f), 903.36(2), and 907.041(4)(c), F.S., relating
234to written reports of crashes, obedience to and effect of
235traffic laws, tests for alcohol, chemical substances, or
236controlled substances, implied consent, refusal, blood
237test for impairment or intoxication in cases of death or
238serious bodily injury, right to use reasonable force,
239ignition interlock devices, requiring, unlawful acts,
240refusal to submit to testing, penalties, mandatory
241adjudication, prohibition against accepting plea to lesser
242included offense, sanctions for infractions by minors,
243offenses excepted, registration periods, renewal periods,
244drivers must be licensed, penalties, youthful drunk driver
245visitation program, license fees, procedure for handling
246and collecting fees, when court to forward license to
247department and report convictions, temporary reinstatement
248of driving privileges, mandatory revocation of license by
249department, suspension of license, right to review,
250suspension of license, persons under 21 years of age,
251right to review, "habitual traffic offender" defined,
252authority to modify revocation, cancellation, or
253suspension order, ignition interlock device, period of
254suspension or revocation, procedure when court revokes or
255suspends license or driving privilege and orders
256reinstatement, driver improvement schools or dui programs,
257required in certain suspension and revocation cases,
258driving while license suspended, revoked, canceled, or
259disqualified, driving under the influence, commercial
260motor vehicle operators, alcohol or drug testing,
261commercial motor vehicle operators, holder of commercial
262driver's license, driving with unlawful blood-alcohol
263level, refusal to submit to breath, urine, or blood test,
264wrecker operator storage facilities, vehicle holds,
265financial responsibility for bodily injury or death,
266period of suspension, boating under the influence,
267penalties, "designated drivers," limits on liability,
268definitions, coverage, license requirements, posting,
269motor vehicle liability, surety on auto club traffic
270arrest bond, conditions, limit, bail bond, license to
271carry concealed weapon or firearm, guaranteed arrest bond
272certificates as cash bail, and pretrial detention and
273release, to incorporate references in changes made by the
274act; providing effective dates.
275
276Be It Enacted by the Legislature of the State of Florida:
277
278     Section 1.  Paragraph (h) of subsection (2) of section
27920.23, Florida Statutes, is amended to read:
280     20.23  Department of Transportation.--There is created a
281Department of Transportation which shall be a decentralized
282agency.
283     (2)
284     (h)  The commission shall appoint an executive director and
285assistant executive director, who shall serve under the
286direction, supervision, and control of the commission. The
287executive director, with the consent of the commission, shall
288employ such staff as are necessary to perform adequately the
289functions of the commission, within budgetary limitations. All
290employees of the commission are exempt from part II of chapter
291110 and shall serve at the pleasure of the commission. The
292salary and benefits of the executive director shall be set in
293accordance with the Senior Management Service. The salaries and
294benefits of all other employees of the commission shall be set
295in accordance with the Selected Exempt Service; provided,
296however, that the commission has shall have complete authority
297for fixing the salary of the executive director and assistant
298executive director.
299     Section 2.  Subsection (5) of section 125.42, Florida
300Statutes, is amended to read:
301     125.42  Water, sewage, gas, power, telephone, other
302utility, and television lines along county roads and highways.--
303     (5)  In the event of widening, repair, or reconstruction of
304any such road, the licensee shall move or remove such water,
305sewage, gas, power, telephone, and other utility lines and
306television lines at no cost to the county except as provided in
307s. 337.403(1)(e).
308     Section 3.  Paragraphs (a), (h), and (j) of subsection (6)
309of section 163.3177, Florida Statutes, are amended to read:
310     163.3177  Required and optional elements of comprehensive
311plan; studies and surveys.--
312     (6)  In addition to the requirements of subsections (1)-(5)
313and (12), the comprehensive plan shall include the following
314elements:
315     (a)  A future land use plan element designating proposed
316future general distribution, location, and extent of the uses of
317land for residential uses, commercial uses, industry,
318agriculture, recreation, conservation, education, public
319buildings and grounds, other public facilities, and other
320categories of the public and private uses of land. Counties are
321encouraged to designate rural land stewardship areas, pursuant
322to the provisions of paragraph (11)(d), as overlays on the
323future land use map. Each future land use category must be
324defined in terms of uses included, and must include standards to
325be followed in the control and distribution of population
326densities and building and structure intensities. The proposed
327distribution, location, and extent of the various categories of
328land use shall be shown on a land use map or map series which
329shall be supplemented by goals, policies, and measurable
330objectives. The future land use plan shall be based upon
331surveys, studies, and data regarding the area, including the
332amount of land required to accommodate anticipated growth; the
333projected population of the area; the character of undeveloped
334land; the availability of water supplies, public facilities, and
335services; the need for redevelopment, including the renewal of
336blighted areas and the elimination of nonconforming uses which
337are inconsistent with the character of the community; the
338compatibility of uses on lands adjacent to or closely proximate
339to military installations; lands adjacent to an airport as
340defined in s. 330.35 and consistent with provisions in s.
341333.02; and, in rural communities, the need for job creation,
342capital investment, and economic development that will
343strengthen and diversify the community's economy. The future
344land use plan may designate areas for future planned development
345use involving combinations of types of uses for which special
346regulations may be necessary to ensure development in accord
347with the principles and standards of the comprehensive plan and
348this act. The future land use plan element shall include
349criteria to be used to achieve the compatibility of adjacent or
350closely proximate lands with military installations; lands
351adjacent to an airport as defined in s. 330.35 and consistent
352with provisions in s. 333.02. In addition, for rural
353communities, the amount of land designated for future planned
354industrial use shall be based upon surveys and studies that
355reflect the need for job creation, capital investment, and the
356necessity to strengthen and diversify the local economies, and
357shall not be limited solely by the projected population of the
358rural community. The future land use plan of a county may also
359designate areas for possible future municipal incorporation. The
360land use maps or map series shall generally identify and depict
361historic district boundaries and shall designate historically
362significant properties meriting protection. For coastal
363counties, the future land use element must include, without
364limitation, regulatory incentives and criteria that encourage
365the preservation of recreational and commercial working
366waterfronts as defined in s. 342.07. The future land use element
367must clearly identify the land use categories in which public
368schools are an allowable use. When delineating the land use
369categories in which public schools are an allowable use, a local
370government shall include in the categories sufficient land
371proximate to residential development to meet the projected needs
372for schools in coordination with public school boards and may
373establish differing criteria for schools of different type or
374size. Each local government shall include lands contiguous to
375existing school sites, to the maximum extent possible, within
376the land use categories in which public schools are an allowable
377use. The failure by a local government to comply with these
378school siting requirements will result in the prohibition of the
379local government's ability to amend the local comprehensive
380plan, except for plan amendments described in s. 163.3187(1)(b),
381until the school siting requirements are met. Amendments
382proposed by a local government for purposes of identifying the
383land use categories in which public schools are an allowable use
384are exempt from the limitation on the frequency of plan
385amendments contained in s. 163.3187. The future land use element
386shall include criteria that encourage the location of schools
387proximate to urban residential areas to the extent possible and
388shall require that the local government seek to collocate public
389facilities, such as parks, libraries, and community centers,
390with schools to the extent possible and to encourage the use of
391elementary schools as focal points for neighborhoods. For
392schools serving predominantly rural counties, defined as a
393county with a population of 100,000 or fewer, an agricultural
394land use category shall be eligible for the location of public
395school facilities if the local comprehensive plan contains
396school siting criteria and the location is consistent with such
397criteria. Local governments required to update or amend their
398comprehensive plan to include criteria and address compatibility
399of lands adjacent to an airport as defined in s. 330.35 and
400consistent with provisions in s. 333.02 adjacent or closely
401proximate lands with existing military installations in their
402future land use plan element shall transmit the update or
403amendment to the state land planning agency department by June
40430, 2011 2006.
405     (h)1.  An intergovernmental coordination element showing
406relationships and stating principles and guidelines to be used
407in the accomplishment of coordination of the adopted
408comprehensive plan with the plans of school boards, regional
409water supply authorities, and other units of local government
410providing services but not having regulatory authority over the
411use of land, with the comprehensive plans of adjacent
412municipalities, the county, adjacent counties, or the region,
413with the state comprehensive plan and with the applicable
414regional water supply plan approved pursuant to s. 373.0361, as
415the case may require and as such adopted plans or plans in
416preparation may exist. This element of the local comprehensive
417plan shall demonstrate consideration of the particular effects
418of the local plan, when adopted, upon the development of
419adjacent municipalities, the county, adjacent counties, or the
420region, or upon the state comprehensive plan, as the case may
421require.
422     a.  The intergovernmental coordination element shall
423provide for procedures to identify and implement joint planning
424areas, especially for the purpose of annexation, municipal
425incorporation, and joint infrastructure service areas.
426     b.  The intergovernmental coordination element shall
427provide for recognition of campus master plans prepared pursuant
428to s. 1013.30, and airport master plans pursuant to paragraph
429(k).
430     c.  The intergovernmental coordination element may provide
431for a voluntary dispute resolution process as established
432pursuant to s. 186.509 for bringing to closure in a timely
433manner intergovernmental disputes. A local government may
434develop and use an alternative local dispute resolution process
435for this purpose.
436     d.  The intergovernmental coordination element shall
437provide for interlocal agreements, as established pursuant to s.
438333.03(1)(b).
439     2.  The intergovernmental coordination element shall
440further state principles and guidelines to be used in the
441accomplishment of coordination of the adopted comprehensive plan
442with the plans of school boards and other units of local
443government providing facilities and services but not having
444regulatory authority over the use of land. In addition, the
445intergovernmental coordination element shall describe joint
446processes for collaborative planning and decisionmaking on
447population projections and public school siting, the location
448and extension of public facilities subject to concurrency, and
449siting facilities with countywide significance, including
450locally unwanted land uses whose nature and identity are
451established in an agreement. Within 1 year of adopting their
452intergovernmental coordination elements, each county, all the
453municipalities within that county, the district school board,
454and any unit of local government service providers in that
455county shall establish by interlocal or other formal agreement
456executed by all affected entities, the joint processes described
457in this subparagraph consistent with their adopted
458intergovernmental coordination elements.
459     3.  To foster coordination between special districts and
460local general-purpose governments as local general-purpose
461governments implement local comprehensive plans, each
462independent special district must submit a public facilities
463report to the appropriate local government as required by s.
464189.415.
465     4.a.  Local governments must execute an interlocal
466agreement with the district school board, the county, and
467nonexempt municipalities pursuant to s. 163.31777. The local
468government shall amend the intergovernmental coordination
469element to provide that coordination between the local
470government and school board is pursuant to the agreement and
471shall state the obligations of the local government under the
472agreement.
473     b.  Plan amendments that comply with this subparagraph are
474exempt from the provisions of s. 163.3187(1).
475     5.  The state land planning agency shall establish a
476schedule for phased completion and transmittal of plan
477amendments to implement subparagraphs 1., 2., and 3. from all
478jurisdictions so as to accomplish their adoption by December 31,
4791999. A local government may complete and transmit its plan
480amendments to carry out these provisions prior to the scheduled
481date established by the state land planning agency. The plan
482amendments are exempt from the provisions of s. 163.3187(1).
483     6.  By January 1, 2004, any county having a population
484greater than 100,000, and the municipalities and special
485districts within that county, shall submit a report to the
486Department of Community Affairs which:
487     a.  Identifies all existing or proposed interlocal service
488delivery agreements regarding the following: education; sanitary
489sewer; public safety; solid waste; drainage; potable water;
490parks and recreation; and transportation facilities.
491     b.  Identifies any deficits or duplication in the provision
492of services within its jurisdiction, whether capital or
493operational. Upon request, the Department of Community Affairs
494shall provide technical assistance to the local governments in
495identifying deficits or duplication.
496     7.  Within 6 months after submission of the report, the
497Department of Community Affairs shall, through the appropriate
498regional planning council, coordinate a meeting of all local
499governments within the regional planning area to discuss the
500reports and potential strategies to remedy any identified
501deficiencies or duplications.
502     8.  Each local government shall update its
503intergovernmental coordination element based upon the findings
504in the report submitted pursuant to subparagraph 6. The report
505may be used as supporting data and analysis for the
506intergovernmental coordination element.
507     (j)  For each unit of local government within an urbanized
508area designated for purposes of s. 339.175, a transportation
509element, which shall be prepared and adopted in lieu of the
510requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
511and (d) and which shall address the following issues:
512     1.  Traffic circulation, including major thoroughfares and
513other routes, including bicycle and pedestrian ways.
514     2.  All alternative modes of travel, such as public
515transportation, pedestrian, and bicycle travel.
516     3.  Parking facilities.
517     4.  Aviation, rail, seaport facilities, access to those
518facilities, and intermodal terminals.
519     5.  The availability of facilities and services to serve
520existing land uses and the compatibility between future land use
521and transportation elements.
522     6.  The capability to evacuate the coastal population prior
523to an impending natural disaster.
524     7.  Airports, projected airport and aviation development,
525and land use compatibility around airports that includes areas
526defined in ss. 333.01 and 333.02.
527     8.  An identification of land use densities, building
528intensities, and transportation management programs to promote
529public transportation systems in designated public
530transportation corridors so as to encourage population densities
531sufficient to support such systems.
532     9.  May include transportation corridors, as defined in s.
533334.03, intended for future transportation facilities designated
534pursuant to s. 337.273. If transportation corridors are
535designated, the local government may adopt a transportation
536corridor management ordinance.
537     Section 4.  Subsection (3) of section 163.3178, Florida
538Statutes, is amended to read:
539     163.3178  Coastal management.--
540     (3)  Expansions to port harbors, spoil disposal sites,
541navigation channels, turning basins, harbor berths, and other
542related inwater harbor facilities of ports listed in s.
543403.021(9); port transportation facilities and projects listed
544in s. 311.07(3)(b); and intermodal transportation facilities
545identified pursuant to s. 311.09(3) and facilities determined by
546the Department of Community Affairs and applicable general
547purpose local government to be port-related industrial or
548commercial projects located within 3 miles of or in a port
549master plan area which rely upon the utilization of port and
550intermodal transportation facilities shall not be developments
551of regional impact where such expansions, projects, or
552facilities are consistent with comprehensive master plans that
553are in compliance with this section.
554     Section 5.  Paragraph (c) is added to subsection (2) of
555section 163.3182, Florida Statutes, and paragraph (d) of
556subsection (3), paragraph (a) of subsection (4), and subsections
557(5) and (8) of that section are amended, to read:
558     163.3182  Transportation concurrency backlogs.--
559     (2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
560AUTHORITIES.--
561     (c)  The Legislature finds and declares that there exists
562in many counties and municipalities areas with significant
563transportation deficiencies and inadequate transportation
564facilities; that many such insufficiencies and inadequacies
565severely limit or prohibit the satisfaction of transportation
566concurrency standards; that such transportation insufficiencies
567and inadequacies affect the health, safety, and welfare of the
568residents of such counties and municipalities; that such
569transportation insufficiencies and inadequacies adversely affect
570economic development and growth of the tax base for the areas in
571which such insufficiencies and inadequacies exist; and that the
572elimination of transportation deficiencies and inadequacies and
573the satisfaction of transportation concurrency standards are
574paramount public purposes for the state and its counties and
575municipalities.
576     (3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
577AUTHORITY.--Each transportation concurrency backlog authority
578has the powers necessary or convenient to carry out the purposes
579of this section, including the following powers in addition to
580others granted in this section:
581     (d)  To borrow money, including, but not limited to,
582issuing debt obligations, such as, but not limited to, bonds,
583notes, certificates, and similar debt instruments; to apply for
584and accept advances, loans, grants, contributions, and any other
585forms of financial assistance from the Federal Government or the
586state, county, or any other public body or from any sources,
587public or private, for the purposes of this part; to give such
588security as may be required; to enter into and carry out
589contracts or agreements; and to include in any contracts for
590financial assistance with the Federal Government for or with
591respect to a transportation concurrency backlog project and
592related activities such conditions imposed pursuant to federal
593laws as the transportation concurrency backlog authority
594considers reasonable and appropriate and which are not
595inconsistent with the purposes of this section.
596     (4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
597     (a)  Each transportation concurrency backlog authority
598shall adopt a transportation concurrency backlog plan as a part
599of the local government comprehensive plan within 6 months after
600the creation of the authority. The plan shall:
601     1.  Identify all transportation facilities that have been
602designated as deficient and require the expenditure of moneys to
603upgrade, modify, or mitigate the deficiency.
604     2.  Include a priority listing of all transportation
605facilities that have been designated as deficient and do not
606satisfy concurrency requirements pursuant to s. 163.3180, and
607the applicable local government comprehensive plan.
608     3.  Establish a schedule for financing and construction of
609transportation concurrency backlog projects that will eliminate
610transportation concurrency backlogs within the jurisdiction of
611the authority within 10 years after the transportation
612concurrency backlog plan adoption. The schedule shall be adopted
613as part of the local government comprehensive plan.
614Notwithstanding such schedule requirements, as long as the
615schedule provides for the elimination of all transportation
616concurrency backlogs within 10 years after the adoption of the
617concurrency backlog plan, the final maturity date of any debt
618incurred to finance or refinance the related projects may be no
619later than 40 years after the date such debt is incurred and the
620authority may continue operations and administer the trust fund
621established as provided in subsection (5) for as long as such
622debt remains outstanding.
623     (5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
624concurrency backlog authority shall establish a local
625transportation concurrency backlog trust fund upon creation of
626the authority. Each local trust fund shall be administered by
627the transportation concurrency backlog authority within which a
628transportation concurrency backlog has been identified. Each
629local trust fund shall continue to be funded pursuant to this
630section for as long as the projects set forth in the related
631transportation concurrency backlog plan remain to be completed
632or until any debt incurred to finance or refinance the related
633projects are no longer outstanding, whichever occurs later.
634Beginning in the first fiscal year after the creation of the
635authority, each local trust fund shall be funded by the proceeds
636of an ad valorem tax increment collected within each
637transportation concurrency backlog area to be determined
638annually and shall be a minimum of 25 percent of the difference
639between the amounts set forth in paragraphs (a) and (b), except
640that if all of the affected taxing authorities agree pursuant to
641an interlocal agreement, a particular local trust fund may be
642funded by the proceeds of an ad valorem tax increment greater
643than 25 percent of the difference between the amounts set forth
644in paragraphs (a) and (b):
645     (a)  The amount of ad valorem tax levied each year by each
646taxing authority, exclusive of any amount from any debt service
647millage, on taxable real property contained within the
648jurisdiction of the transportation concurrency backlog authority
649and within the transportation backlog area; and
650     (b)  The amount of ad valorem taxes which would have been
651produced by the rate upon which the tax is levied each year by
652or for each taxing authority, exclusive of any debt service
653millage, upon the total of the assessed value of the taxable
654real property within the transportation concurrency backlog area
655as shown on the most recent assessment roll used in connection
656with the taxation of such property of each taxing authority
657prior to the effective date of the ordinance funding the trust
658fund.
659     (8)  DISSOLUTION.--Upon completion of all transportation
660concurrency backlog projects and repayment or defeasance of all
661debt issued to finance or refinance such projects, a
662transportation concurrency backlog authority shall be dissolved,
663and its assets and liabilities shall be transferred to the
664county or municipality within which the authority is located.
665All remaining assets of the authority must be used for
666implementation of transportation projects within the
667jurisdiction of the authority. The local government
668comprehensive plan shall be amended to remove the transportation
669concurrency backlog plan.
670     Section 6.  Paragraph (c) of subsection (9) of section
671287.055, Florida Statutes, is amended to read:
672     287.055  Acquisition of professional architectural,
673engineering, landscape architectural, or surveying and mapping
674services; definitions; procedures; contingent fees prohibited;
675penalties.--
676     (9)  APPLICABILITY TO DESIGN-BUILD CONTRACTS.--
677     (c)  Except as otherwise provided in s. 337.11(8)(7), the
678Department of Management Services shall adopt rules for the
679award of design-build contracts to be followed by state
680agencies. Each other agency must adopt rules or ordinances for
681the award of design-build contracts. Municipalities, political
682subdivisions, school districts, and school boards shall award
683design-build contracts by the use of a competitive proposal
684selection process as described in this subsection, or by the use
685of a qualifications-based selection process pursuant to
686subsections (3), (4), and (5) for entering into a contract
687whereby the selected firm will, subsequent to competitive
688negotiations, establish a guaranteed maximum price and
689guaranteed completion date. If the procuring agency elects the
690option of qualifications-based selection, during the selection
691of the design-build firm the procuring agency shall employ or
692retain a licensed design professional appropriate to the project
693to serve as the agency's representative. Procedures for the use
694of a competitive proposal selection process must include as a
695minimum the following:
696     1.  The preparation of a design criteria package for the
697design and construction of the public construction project.
698     2.  The qualification and selection of no fewer than three
699design-build firms as the most qualified, based on the
700qualifications, availability, and past work of the firms,
701including the partners or members thereof.
702     3.  The criteria, procedures, and standards for the
703evaluation of design-build contract proposals or bids, based on
704price, technical, and design aspects of the public construction
705project, weighted for the project.
706     4.  The solicitation of competitive proposals, pursuant to
707a design criteria package, from those qualified design-build
708firms and the evaluation of the responses or bids submitted by
709those firms based on the evaluation criteria and procedures
710established prior to the solicitation of competitive proposals.
711     5.  For consultation with the employed or retained design
712criteria professional concerning the evaluation of the responses
713or bids submitted by the design-build firms, the supervision or
714approval by the agency of the detailed working drawings of the
715project; and for evaluation of the compliance of the project
716construction with the design criteria package by the design
717criteria professional.
718     6.  In the case of public emergencies, for the agency head
719to declare an emergency and authorize negotiations with the best
720qualified design-build firm available at that time.
721     Section 7.  Section 316.0741, Florida Statutes, is amended
722to read:
723     316.0741  High-occupancy-vehicle High occupancy vehicle
724lanes.--
725     (1)  As used in this section, the term:
726     (a)  "High-occupancy-vehicle High occupancy vehicle lane"
727or "HOV lane" means a lane of a public roadway designated for
728use by vehicles in which there is more than one occupant unless
729otherwise authorized by federal law.
730     (b)  "Hybrid vehicle" means a motor vehicle:
731     1.  That draws propulsion energy from onboard sources of
732stored energy which are both an internal combustion or heat
733engine using combustible fuel and a rechargeable energy-storage
734system; and
735     2.  That, in the case of a passenger automobile or light
736truck, has received a certificate of conformity under the Clean
737Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
738equivalent qualifying California standards for a low-emission
739vehicle.
740     (2)  The number of persons that must be in a vehicle to
741qualify for legal use of the HOV lane and the hours during which
742the lane will serve as an HOV lane, if it is not designated as
743such on a full-time basis, must also be indicated on a traffic
744control device.
745     (3)  Except as provided in subsection (4), a vehicle may
746not be driven in an HOV lane if the vehicle is occupied by fewer
747than the number of occupants indicated by a traffic control
748device. A driver who violates this section shall be cited for a
749moving violation, punishable as provided in chapter 318.
750     (4)(a)  Notwithstanding any other provision of this
751section, an inherently low-emission vehicle (ILEV) that is
752certified and labeled in accordance with federal regulations may
753be driven in an HOV lane at any time, regardless of its
754occupancy. In addition, upon the state's receipt of written
755notice from the proper federal regulatory agency authorizing
756such use, a vehicle defined as a hybrid vehicle under this
757section may be driven in an HOV lane at any time, regardless of
758its occupancy.
759     (b)  All eligible hybrid and all eligible other low-
760emission and energy-efficient vehicles driven in an HOV lane
761must comply with the minimum fuel economy standards in 23 U.S.C.
762s. 166(f)(3)(B).
763     (c)  Upon issuance of the applicable Environmental
764Protection Agency final rule pursuant to 23 U.S.C. s. 166(e),
765relating to the eligibility of hybrid and other low-emission and
766energy-efficient vehicles for operation in an HOV lane
767regardless of occupancy, the Department of Transportation shall
768review the rule and recommend to the Legislature any statutory
769changes necessary for compliance with the federal rule. The
770department shall provide its recommendations no later than 30
771days following issuance of the final rule.
772     (5)  The department shall issue a decal and registration
773certificate, to be renewed annually, reflecting the HOV lane
774designation on such vehicles meeting the criteria in subsection
775(4) authorizing driving in an HOV lane at any time such use. The
776department may charge a fee for a decal, not to exceed the costs
777of designing, producing, and distributing each decal, or $5,
778whichever is less. The proceeds from sale of the decals shall be
779deposited in the Highway Safety Operating Trust Fund. The
780department may, for reasons of operation and management of HOV
781facilities, limit or discontinue issuance of decals for the use
782of HOV facilities by hybrid and low-emission and energy-
783efficient vehicles, regardless of occupancy, if it has been
784determined by the Department of Transportation that the
785facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
786     (6)  Vehicles having decals by virtue of compliance with
787the minimum fuel economy standards under 23 U.S.C. s.
788166(f)(3)(B), and which are registered for use in high-occupancy
789toll lanes or express lanes in accordance with Department of
790Transportation rule, shall be allowed to use any HOV lanes
791redesignated as high-occupancy toll lanes or express lanes
792without payment of a toll.
793     (5)  As used in this section, the term "hybrid vehicle"
794means a motor vehicle:
795     (a)  That draws propulsion energy from onboard sources of
796stored energy which are both:
797     1.  An internal combustion or heat engine using combustible
798fuel; and
799     2.  A rechargeable energy storage system; and
800     (b)  That, in the case of a passenger automobile or light
801truck:
802     1.  Has received a certificate of conformity under the
803Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
804     2.  Meets or exceeds the equivalent qualifying California
805standards for a low-emission vehicle.
806     (7)(6)  The department may adopt rules necessary to
807administer this section.
808     Section 8.  Subsection (4) of section 316.193, Florida
809Statutes, is amended to read:
810     316.193  Driving under the influence; penalties.--
811     (4)(a)  Any person who is convicted of a violation of
812subsection (1) and who has a blood-alcohol level or breath-
813alcohol level of 0.15 0.20 or higher, or any person who is
814convicted of a violation of subsection (1) and who at the time
815of the offense was accompanied in the vehicle by a person under
816the age of 18 years, shall be punished:
817     1.(a)  By a fine of:
818     a.1.  Not less than $500 or more than $1,000 for a first
819conviction.
820     b.2.  Not less than $1,000 or more than $2,000 for a second
821conviction.
822     c.3.  Not less than $2,000 for a third or subsequent
823conviction.
824     2.(b)  By imprisonment for:
825     a.1.  Not more than 9 months for a first conviction.
826     b.2.  Not more than 12 months for a second conviction.
827     (b)  For the purposes of this subsection, only the instant
828offense is required to be a violation of subsection (1) by a
829person who has a blood-alcohol level or breath-alcohol level of
8300.15 0.20 or higher.
831     (c)  In addition to the penalties in subparagraphs (a)1.
832and 2. paragraphs (a) and (b), the court shall order the
833mandatory placement, at the convicted person's sole expense, of
834an ignition interlock device approved by the department in
835accordance with s. 316.1938 upon all vehicles that are
836individually or jointly leased or owned and routinely operated
837by the convicted person for not less than up to 6 continuous
838months for the first offense and for not less than at least 2
839continuous years for a second offense, when the convicted person
840qualifies for a permanent or restricted license. The
841installation of such device may not occur before July 1, 2003.
842     Section 9.  Subsection (2) of section 316.2397, Florida
843Statutes, is amended to read:
844     316.2397  Certain lights prohibited; exceptions.--
845     (2)  It is expressly prohibited for any vehicle or
846equipment, except police vehicles, to show or display blue
847lights. However, vehicles owned, operated, or leased by the
848Department of Corrections or any county correctional agency, may
849show or display blue lights when responding to emergencies.
850     Section 10.  Effective October 1, 2008, paragraph (b) of
851subsection (1) and subsections (6) and (8) of section 316.302,
852Florida Statutes, are amended to read:
853     316.302  Commercial motor vehicles; safety regulations;
854transporters and shippers of hazardous materials; enforcement.--
855     (1)
856     (b)  Except as otherwise provided in this section, all
857owners or drivers of commercial motor vehicles that are engaged
858in intrastate commerce are subject to the rules and regulations
859contained in 49 C.F.R. parts 382, 385, and 390-397, with the
860exception of 49 C.F.R. s. 390.5 as it relates to the definition
861of bus, as such rules and regulations existed on October 1, 2007
8622005.
863     (6)  The state Department of Transportation shall perform
864the duties that are assigned to the Field Administrator, Federal
865Motor Carrier Safety Administration Regional Federal Highway
866Administrator under the federal rules, and an agent of that
867department, as described in s. 316.545(9), may enforce those
868rules.
869     (8)  For the purpose of enforcing this section, any law
870enforcement officer of the Department of Transportation or duly
871appointed agent who holds a current safety inspector
872certification from the Commercial Vehicle Safety Alliance may
873require the driver of any commercial vehicle operated on the
874highways of this state to stop and submit to an inspection of
875the vehicle or the driver's records. If the vehicle or driver is
876found to be operating in an unsafe condition, or if any required
877part or equipment is not present or is not in proper repair or
878adjustment, and the continued operation would present an unduly
879hazardous operating condition, the officer may require the
880vehicle or the driver to be removed from service pursuant to the
881North American Standard Uniform Out-of-Service Criteria, until
882corrected. However, if continuous operation would not present an
883unduly hazardous operating condition, the officer may give
884written notice requiring correction of the condition within 14
885days.
886     (a)  Any member of the Florida Highway Patrol or any law
887enforcement officer employed by a sheriff's office or municipal
888police department authorized to enforce the traffic laws of this
889state pursuant to s. 316.640 who has reason to believe that a
890vehicle or driver is operating in an unsafe condition may, as
891provided in subsection (10), enforce the provisions of this
892section.
893     (b)  Any person who fails to comply with an officer's
894request to submit to an inspection under this subsection commits
895a violation of s. 843.02 if the person resists the officer
896without violence or a violation of s. 843.01 if the person
897resists the officer with violence.
898     Section 11.  Subsection (2) of section 316.613, Florida
899Statutes, is amended to read:
900     316.613  Child restraint requirements.--
901     (2)  As used in this section, the term "motor vehicle"
902means a motor vehicle as defined in s. 316.003 which that is
903operated on the roadways, streets, and highways of the state.
904The term does not include:
905     (a)  A school bus as defined in s. 316.003(45).
906     (b)  A bus used for the transportation of persons for
907compensation, other than a bus regularly used to transport
908children to or from school, as defined in s. 316.615(1) (b), or
909in conjunction with school activities.
910     (c)  A farm tractor or implement of husbandry.
911     (d)  A truck having a gross vehicle weight rating of more
912than 26,000 of net weight of more than 5,000 pounds.
913     (e)  A motorcycle, moped, or bicycle.
914     Section 12.  Paragraph (a) of subsection (3) of section
915316.614, Florida Statutes, is amended to read:
916     316.614  Safety belt usage.--
917     (3)  As used in this section:
918     (a)  "Motor vehicle" means a motor vehicle as defined in s.
919316.003 which that is operated on the roadways, streets, and
920highways of this state. The term does not include:
921     1.  A school bus.
922     2.  A bus used for the transportation of persons for
923compensation.
924     3.  A farm tractor or implement of husbandry.
925     4.  A truck having a gross vehicle weight rating of more
926than 26,000 of a net weight of more than 5,000 pounds.
927     5.  A motorcycle, moped, or bicycle.
928     Section 13.  Paragraph (a) of subsection (2) of section
929316.656, Florida Statutes, is amended to read:
930     316.656  Mandatory adjudication; prohibition against
931accepting plea to lesser included offense.--
932     (2)(a)  No trial judge may accept a plea of guilty to a
933lesser offense from a person charged under the provisions of
934this act who has been given a breath or blood test to determine
935blood or breath alcohol content, the results of which show a
936blood or breath alcohol content by weight of 0.15 0.20 percent
937or more.
938     Section 14.  Subsection (7) of section 318.18, Florida
939Statutes, is amended to read:
940     318.18  Amount of penalties.--The penalties required for a
941noncriminal disposition pursuant to s. 318.14 or a criminal
942offense listed in s. 318.17 are as follows:
943     (7)  Mandatory $100 fine for each violation of s. 316.1001
944plus the amount of the unpaid toll shown on the traffic citation
945for each citation issued. The clerk of the court shall forward
946$25 of the $100 fine received, plus the amount of the unpaid
947toll that is shown on the citation, to the governmental entity
948that issued the citation, or on whose behalf the citation was
949issued. If a plea arrangement is reached prior to the date set
950for a scheduled evidentiary hearing and adjudication is
951withheld, there shall be a mandatory fine assessed per citation
952of not less than $50 and not more than $100, plus the amount of
953the unpaid toll for each citation issued. The clerk of the court
954shall forward $25 of the fine imposed plus the amount of the
955unpaid toll that is shown on the citation to the governmental
956entity that issued the citation or on whose behalf the citation
957was issued. The court shall have specific authority to
958consolidate issued citations for the same defendant for the
959purpose of sentencing and aggregate jurisdiction. In addition,
960the department shall suspend for 60 days the driver's license of
961a person who is convicted of 10 violations of s. 316.1001 within
962a 36-month period; however, the department shall not suspend the
963driver's license if, at the time of the violations, a valid and
964active SunPass account is registered to the vehicle identified
965in the citations. Any funds received by a governmental entity
966for this violation may be used for any lawful purpose related to
967the operation or maintenance of a toll facility.
968     Section 15.  Effective July 1, 2008, subsection (1) of
969section 320.02, Florida Statutes, as amended by section 28 of
970chapter 2006-290, Laws of Florida, is amended to read:
971     320.02  Registration required; application for
972registration; forms.--
973     (1)  Except as otherwise provided in this chapter, every
974owner or person in charge of a motor vehicle that is operated or
975driven on the roads of this state shall register the vehicle in
976this state. The owner or person in charge shall apply to the
977department or to its authorized agent for registration of each
978such vehicle on a form prescribed by the department. Prior to
979the original registration of a motorcycle, motor-driven cycle,
980or moped, the owner, if a natural person, must present proof
981that he or she has a valid motorcycle endorsement as required in
982chapter 322. A registration is not required for any motor
983vehicle that is not operated on the roads of this state during
984the registration period.
985     Section 16.  Section 322.64, Florida Statutes, is amended
986to read:
987     322.64  Holder of commercial driver's license; persons
988operating a commercial motor vehicle; driving with unlawful
989blood-alcohol level; refusal to submit to breath, urine, or
990blood test.--
991     (1)(a)  A law enforcement officer or correctional officer
992shall, on behalf of the department, disqualify from operating
993any commercial motor vehicle a person who while operating or in
994actual physical control of a commercial motor vehicle is
995arrested for a violation of s. 316.193, relating to unlawful
996blood-alcohol level or breath-alcohol level, or a person who has
997refused to submit to a breath, urine, or blood test authorized
998by s. 322.63 arising out of the operation or actual physical
999control of a commercial motor vehicle. A law enforcement officer
1000or correctional officer shall, on behalf of the department,
1001disqualify the holder of a commercial driver's license from
1002operating any commercial motor vehicle if the licenseholder,
1003while operating or in actual physical control of a motor
1004vehicle, is arrested for a violation of s. 316.193, relating to
1005unlawful blood-alcohol level or breath-alcohol level, or refused
1006to submit to a breath, urine, or blood test authorized by s.
1007322.63. Upon disqualification of the person, the officer shall
1008take the person's driver's license and issue the person a 10-day
1009temporary permit for the operation of noncommercial vehicles
1010only if the person is otherwise eligible for the driving
1011privilege and shall issue the person a notice of
1012disqualification. If the person has been given a blood, breath,
1013or urine test, the results of which are not available to the
1014officer at the time of the arrest, the agency employing the
1015officer shall transmit such results to the department within 5
1016days after receipt of the results. If the department then
1017determines that the person was arrested for a violation of s.
1018316.193 and that the person had a blood-alcohol level or breath-
1019alcohol level of 0.08 or higher, the department shall disqualify
1020the person from operating a commercial motor vehicle pursuant to
1021subsection (3).
1022     (b)  The disqualification under paragraph (a) shall be
1023pursuant to, and the notice of disqualification shall inform the
1024driver of, the following:
1025     1.a.  The driver refused to submit to a lawful breath,
1026blood, or urine test and he or she is disqualified from
1027operating a commercial motor vehicle for a period of 1 year, for
1028a first refusal, or permanently, if he or she has previously
1029been disqualified as a result of a refusal to submit to such a
1030test; or
1031     b.  The driver was driving or in actual physical control of
1032a commercial motor vehicle, or any motor vehicle if the driver
1033holds a commercial driver's license, had an unlawful blood-
1034alcohol level or breath-alcohol level of 0.08 or higher, and his
1035or her driving privilege shall be disqualified for a period of 1
1036year for a first offense or permanently disqualified if his or
1037her driving privilege has been previously disqualified under
1038this section. violated s. 316.193 by driving with an unlawful
1039blood-alcohol level and he or she is disqualified from operating
1040a commercial motor vehicle for a period of 6 months for a first
1041offense or for a period of 1 year if he or she has previously
1042been disqualified, or his or her driving privilege has been
1043previously suspended, for a violation of s. 316.193.
1044     2.  The disqualification period for operating commercial
1045vehicles shall commence on the date of arrest or issuance of the
1046notice of disqualification, whichever is later.
1047     3.  The driver may request a formal or informal review of
1048the disqualification by the department within 10 days after the
1049date of arrest or issuance of the notice of disqualification,
1050whichever is later.
1051     4.  The temporary permit issued at the time of arrest or
1052disqualification expires will expire at midnight of the 10th day
1053following the date of disqualification.
1054     5.  The driver may submit to the department any materials
1055relevant to the disqualification arrest.
1056     (2)  Except as provided in paragraph (1)(a), the law
1057enforcement officer shall forward to the department, within 5
1058days after the date of the arrest or the issuance of the notice
1059of disqualification, whichever is later, a copy of the notice of
1060disqualification, the driver's license of the person
1061disqualified arrested, and a report of the arrest, including, if
1062applicable, an affidavit stating the officer's grounds for
1063belief that the person disqualified arrested was operating or in
1064actual physical control of a commercial motor vehicle, or holds
1065a commercial driver's license, and had an unlawful blood-alcohol
1066or breath-alcohol level in violation of s. 316.193; the results
1067of any breath or blood or urine test or an affidavit stating
1068that a breath, blood, or urine test was requested by a law
1069enforcement officer or correctional officer and that the person
1070arrested refused to submit; a copy of the notice of
1071disqualification citation issued to the person arrested; and the
1072officer's description of the person's field sobriety test, if
1073any. The failure of the officer to submit materials within the
10745-day period specified in this subsection or subsection (1) does
1075shall not affect the department's ability to consider any
1076evidence submitted at or prior to the hearing. The officer may
1077also submit a copy of a videotape of the field sobriety test or
1078the attempt to administer such test and a copy of the crash
1079report, if any.
1080     (3)  If the department determines that the person arrested
1081should be disqualified from operating a commercial motor vehicle
1082pursuant to this section and if the notice of disqualification
1083has not already been served upon the person by a law enforcement
1084officer or correctional officer as provided in subsection (1),
1085the department shall issue a notice of disqualification and,
1086unless the notice is mailed pursuant to s. 322.251, a temporary
1087permit which expires 10 days after the date of issuance if the
1088driver is otherwise eligible.
1089     (4)  If the person disqualified arrested requests an
1090informal review pursuant to subparagraph (1)(b)3., the
1091department shall conduct the informal review by a hearing
1092officer employed by the department. Such informal review hearing
1093shall consist solely of an examination by the department of the
1094materials submitted by a law enforcement officer or correctional
1095officer and by the person disqualified arrested, and the
1096presence of an officer or witness is not required.
1097     (5)  After completion of the informal review, notice of the
1098department's decision sustaining, amending, or invalidating the
1099disqualification must be provided to the person. Such notice
1100must be mailed to the person at the last known address shown on
1101the department's records, and to the address provided in the law
1102enforcement officer's report if such address differs from the
1103address of record, within 21 days after the expiration of the
1104temporary permit issued pursuant to subsection (1) or subsection
1105(3).
1106     (6)(a)  If the person disqualified arrested requests a
1107formal review, the department must schedule a hearing to be held
1108within 30 days after such request is received by the department
1109and must notify the person of the date, time, and place of the
1110hearing.
1111     (b)  Such formal review hearing shall be held before a
1112hearing officer employed by the department, and the hearing
1113officer shall be authorized to administer oaths, examine
1114witnesses and take testimony, receive relevant evidence, issue
1115subpoenas for the officers and witnesses identified in documents
1116as provided in subsection (2), regulate the course and conduct
1117of the hearing, and make a ruling on the disqualification. The
1118department and the person disqualified arrested may subpoena
1119witnesses, and the party requesting the presence of a witness
1120shall be responsible for the payment of any witness fees. If the
1121person who requests a formal review hearing fails to appear and
1122the hearing officer finds such failure to be without just cause,
1123the right to a formal hearing is waived and the department shall
1124conduct an informal review of the disqualification under
1125subsection (4).
1126     (c)  A party may seek enforcement of a subpoena under
1127paragraph (b) by filing a petition for enforcement in the
1128circuit court of the judicial circuit in which the person
1129failing to comply with the subpoena resides. A failure to comply
1130with an order of the court shall result in a finding of contempt
1131of court. However, a person shall not be in contempt while a
1132subpoena is being challenged.
1133     (d)  The department must, within 7 days after a formal
1134review hearing, send notice to the person of the hearing
1135officer's decision as to whether sufficient cause exists to
1136sustain, amend, or invalidate the disqualification.
1137     (7)  In a formal review hearing under subsection (6) or an
1138informal review hearing under subsection (4), the hearing
1139officer shall determine by a preponderance of the evidence
1140whether sufficient cause exists to sustain, amend, or invalidate
1141the disqualification. The scope of the review shall be limited
1142to the following issues:
1143     (a)  If the person was disqualified from operating a
1144commercial motor vehicle for driving with an unlawful blood-
1145alcohol level in violation of s. 316.193:
1146     1.  Whether the arresting law enforcement officer had
1147probable cause to believe that the person was driving or in
1148actual physical control of a commercial motor vehicle, or any
1149motor vehicle if the driver holds a commercial driver's license,
1150in this state while he or she had any alcohol, chemical
1151substances, or controlled substances in his or her body.
1152     2.  Whether the person was placed under lawful arrest for a
1153violation of s. 316.193.
1154     2.3.  Whether the person had an unlawful blood-alcohol
1155level or breath-alcohol level of 0.08 or higher as provided in
1156s. 316.193.
1157     (b)  If the person was disqualified from operating a
1158commercial motor vehicle for refusal to submit to a breath,
1159blood, or urine test:
1160     1.  Whether the law enforcement officer had probable cause
1161to believe that the person was driving or in actual physical
1162control of a commercial motor vehicle, or any motor vehicle if
1163the driver holds a commercial driver's license, in this state
1164while he or she had any alcohol, chemical substances, or
1165controlled substances in his or her body.
1166     2.  Whether the person refused to submit to the test after
1167being requested to do so by a law enforcement officer or
1168correctional officer.
1169     3.  Whether the person was told that if he or she refused
1170to submit to such test he or she would be disqualified from
1171operating a commercial motor vehicle for a period of 1 year or,
1172in the case of a second refusal, permanently.
1173     (8)  Based on the determination of the hearing officer
1174pursuant to subsection (7) for both informal hearings under
1175subsection (4) and formal hearings under subsection (6), the
1176department shall:
1177     (a)  Sustain the disqualification for a period of 1 year
1178for a first refusal, or permanently if such person has been
1179previously disqualified from operating a commercial motor
1180vehicle as a result of a refusal to submit to such tests. The
1181disqualification period commences on the date of the arrest or
1182issuance of the notice of disqualification, whichever is later.
1183     (b)  Sustain the disqualification:
1184     1.  For a period of 1 year if the person was driving or in
1185actual physical control of a commercial motor vehicle, or any
1186motor vehicle if the driver holds a commercial driver's license,
1187and had an unlawful blood-alcohol level or breath-alcohol level
1188of 0.08 or higher; or 6 months for a violation of s. 316.193 or
1189for a period of 1 year
1190     2.  Permanently if the person has been previously
1191disqualified from operating a commercial motor vehicle or his or
1192her driving privilege has been previously suspended for driving
1193or being in actual physical control of a commercial motor
1194vehicle, or any motor vehicle if the driver holds a commercial
1195driver's license, and had an unlawful blood-alcohol level or
1196breath-alcohol level of 0.08 or higher as a result of a
1197violation of s. 316.193.
1198
1199The disqualification period commences on the date of the arrest
1200or issuance of the notice of disqualification, whichever is
1201later.
1202     (9)  A request for a formal review hearing or an informal
1203review hearing shall not stay the disqualification. If the
1204department fails to schedule the formal review hearing to be
1205held within 30 days after receipt of the request therefor, the
1206department shall invalidate the disqualification. If the
1207scheduled hearing is continued at the department's initiative,
1208the department shall issue a temporary driving permit limited to
1209noncommercial vehicles which is shall be valid until the hearing
1210is conducted if the person is otherwise eligible for the driving
1211privilege. Such permit shall not be issued to a person who
1212sought and obtained a continuance of the hearing. The permit
1213issued under this subsection shall authorize driving for
1214business purposes or employment use only.
1215     (10)  A person who is disqualified from operating a
1216commercial motor vehicle under subsection (1) or subsection (3)
1217is eligible for issuance of a license for business or employment
1218purposes only under s. 322.271 if the person is otherwise
1219eligible for the driving privilege. However, such business or
1220employment purposes license shall not authorize the driver to
1221operate a commercial motor vehicle.
1222     (11)  The formal review hearing may be conducted upon a
1223review of the reports of a law enforcement officer or a
1224correctional officer, including documents relating to the
1225administration of a breath test or blood test or the refusal to
1226take either test. However, as provided in subsection (6), the
1227driver may subpoena the officer or any person who administered
1228or analyzed a breath or blood test.
1229     (12)  The formal review hearing and the informal review
1230hearing are exempt from the provisions of chapter 120. The
1231department is authorized to adopt rules for the conduct of
1232reviews under this section.
1233     (13)  A person may appeal any decision of the department
1234sustaining the disqualification from operating a commercial
1235motor vehicle by a petition for writ of certiorari to the
1236circuit court in the county wherein such person resides or
1237wherein a formal or informal review was conducted pursuant to s.
1238322.31. However, an appeal shall not stay the disqualification.
1239This subsection shall not be construed to provide for a de novo
1240appeal.
1241     (14)  The decision of the department under this section
1242shall not be considered in any trial for a violation of s.
1243316.193, s. 322.61, or s. 322.62, nor shall any written
1244statement submitted by a person in his or her request for
1245departmental review under this section be admissible into
1246evidence against him or her in any such trial. The disposition
1247of any related criminal proceedings shall not affect a
1248disqualification imposed pursuant to this section.
1249     (15)  This section does not preclude the suspension of the
1250driving privilege pursuant to s. 322.2615. The driving privilege
1251of a person who has been disqualified from operating a
1252commercial motor vehicle also may be suspended for a violation
1253of s. 316.193.
1254     Section 17.  Notwithstanding any law to the contrary, a
1255county, municipality, or special district may not own or operate
1256an asphalt plant or a portable or stationary concrete batch
1257plant having an independent mixer; however, this prohibition
1258does not apply to any county that owns or is under contract to
1259purchase an asphalt plant as of April 15, 2008, and that
1260furnishes its plant-generated asphalt solely for use by local
1261governments or company's under contract with local governments
1262for projects within the boundaries of such county. Sale of plant
1263generated asphalt to private entities or local governments
1264outside the boundaries of such county is prohibited.
1265     Section 18.  Subsection (16) of section 344.044, Florida
1266Statutes, is amended, and subsection (34) is added to that
1267section, to read:
1268     334.044  Department; powers and duties.--The department
1269shall have the following general powers and duties:
1270     (16)  To plan, acquire, lease, construct, maintain, and
1271operate toll facilities; to authorize the issuance and refunding
1272of bonds; and to establish fix and collect tolls, variable rate
1273tolls, or other charges for travel on any such facilities.
1274     (34)  To maintain training programs for department
1275employees and prospective employees who are graduates from an
1276approved engineering curriculum of 4 years or more in a school,
1277college, or university approved by the Board of Professional
1278Engineers to provide broad practical expertise in the field of
1279transportation engineering leading to licensure as a
1280professional engineer. The department shall maintain training
1281programs for department employees to provide broad practical
1282experience and enhanced knowledge in the areas of right-of-way
1283property management, real estate appraisal, and business
1284valuation relating to department right-of-way acquisition
1285activities. These training programs may provide for incremental
1286increases to base salary for all employees enrolled in the
1287programs upon successful completion of training phases.
1288     Section 19.  Subsection (2)and paragraph (g) of subsection
1289(5) of section 337.0261, Florida Statutes, are amended, and
1290subsection (6) is added to that section, to read:
1291     337.0261  Construction aggregate materials.--
1292     (2)  LEGISLATIVE INTENT.--The Legislature finds that there
1293is a strategic and critical need for an available supply of
1294construction aggregate materials within the state and that a
1295disruption of the supply would cause a significant detriment to
1296the state's construction industry, transportation system, and
1297overall health, safety, and welfare. The Legislature further
1298finds:
1299     (a)  Construction aggregate materials are a finite natural
1300resource.
1301     (b)  Construction aggregate materials mining is an industry
1302of critical importance to the state and is therefore in the
1303public interest.
1304     (c)  There is a need for a reliable, predictable, and
1305sustainable supply of construction aggregate materials so that
1306public and private construction is maintained without
1307interruption.
1308     (d)  There are a limited number of aggregate resource
1309counties within the State where aggregate and sand resources
1310exist.
1311     (5)  STRATEGIC AGGREGATES REVIEW TASK FORCE.--
1312     (g)  The task force shall be dissolved on March July 1,
13132010 2008.
1314     (6)  STRATEGIC AGGREGATE RESOURCE ASSESSMENT (SARA).--
1315     (a)  The department shall organize and provide
1316administrative support in the preparation of the strategic
1317aggregate resource assessment. The department, in consultation
1318with the Department of Environmental Protection, the Department
1319of Community Affairs, the regional planning councils, shall work
1320with local governments in the preparation of the strategic
1321aggregate resource assessment.
1322     1.  For construction aggregate materials the strategic
1323aggregate resource assessment shall:
1324     a.  Identify and map areas where construction aggregate
1325materials deposits are located in the state.
1326     b.  Identify and superimpose on the aggregate map a high to
1327low quality grading classification to identify the areas that
1328contain the materials needed for road building and repair.
1329     c.  Identify and superimpose on the aggregate map the areas
1330of natural resources subject to federal or state permitting
1331requirements in order to identify any potential conflicts
1332between the location of geologically valuable resources and
1333natural land and water resources.
1334     d.  Identify and superimpose on the aggregate map the areas
1335of existing future land use elements of local comprehensive
1336plans and local zoning regulations in order to identify with
1337natural resources and existing communities and any potential
1338conflicts between the areas where growth and development is
1339planned or placed adjacent to or over deposits of construction
1340aggregate materials.
1341     e.  Provide a projection of 5-year, 25-year, and 50-year
1342demand for aggregate.
1343     f.  Provide an estimate of volume of aggregate available
1344from already permitted mines to meet demand projections.
1345     g.  Identify the availability and estimate the volume of
1346alternative material, including recycled and reused construction
1347aggregate, which may substitute for construction aggregate.
1348     h.  Identify international and out-of-state construction
1349aggregate materials available to meet demand projections.
1350     2.  For infrastructure the strategic aggregate resource
1351assessment shall:
1352     a.  Provide a rating structure assessing the ability to
1353mine the deposits in an economic manner, taking into account the
1354proximity of the materials to the available markets, the
1355thickness of overburden, and the quantity and quality of the
1356materials. In assessing the economic viability of a geologic
1357deposit the strategic aggregate resource assessment shall take
1358into account the proximity to rail and port facilities where
1359similar or replacement products can be imported at a lower cost
1360than producing them locally.
1361     b.  Identify the current and potential capacity of
1362construction aggregate material imports into the state utilizing
1363current and planned rail, connecting roadways, and port
1364infrastructure.
1365     3.  In addition to the information gathered in
1366subparagraphs 1. and 2., for each of the six "Materials Resource
1367Planning Areas" identified in the Department of Transportation
1368report titled, "Strategic Aggregates Study: Sources,
1369Constraints, and Economic Value of Limestone and Sand in
1370Florida," dated February 2007, the strategic aggregate resource
1371assessment shall:
1372     a.  Provide a summary of all regional and local regulatory
1373jurisdictions impacting the approval of mining, including, but
1374not limited to, county, municipal, and special district
1375regulations.
1376     b.  Provide a description of federal, state, and local
1377environmental regulatory issues impacting access to construction
1378aggregate reserves.
1379     c.  Identify and map rare, threatened, or endangered
1380habitats, water resources, and other natural resources subject
1381to federal, state, and local protection or regulation.
1382     d.  Identify local transportation infrastructure issues
1383impacting the distribution of aggregate materials, including
1384level of service and quality of roads, rail access, and, as
1385appropriate, port capacity and access.
1386     e.  Identify alternatives for when the local construction
1387mining aggregate supply is exhausted.
1388     (b)  The strategic aggregate resource assessment shall be
1389updated every 5 years and be included as part of the Florida
1390Transportation Plan.
1391     (c)  The Strategic Aggregate Review Task Force shall
1392prepare the findings of the strategic aggregate resource
1393assessment in an initial report submitted to the Governor, the
1394President of the Senate, and the Speaker of the House of
1395Representatives no later than February 1, 2010. Subsequent
1396reports shall be submitted by department on February 1 following
1397each 5-year strategic aggregate resource assessment update.
1398     (d)  Information acquired by means of the strategic
1399aggregate resource assessment may be submitted by willing land
1400owners to the Florida Geological Survey for inclusion in the
1401state data repository. Proprietary or business information
1402submitted to or acquired by the Florida Geological Survey shall
1403be maintained in an electronic database under the control of the
1404Florida Geological Survey and protected as trade secrets
1405pursuant to s. 815.045.
1406     (e)  The department is authorized to adopt rules pursuant
1407to ss. 120.536(1) and 120.54 to administer this section and in
1408the preparation of the strategic aggregate resource assessment.
1409     (f)  There is appropriated from the State Transportation
1410Trust Fund, for fiscal year 2008-2009 only, the sum of $700,000,
1411which shall require a 50-percent nonstate match, to be used for
1412the purposes of this subsection.
1413     Section 20.  Subsections (8) through (15) of section
1414337.11, Florida Statutes, are renumbered as subsections (9)
1415through (16), respectively, present subsection (7) is renumbered
1416as subsection (8) and amended, and a new subsection (7) is added
1417to that section, to read:
1418     337.11  Contracting authority of department; bids;
1419emergency repairs, supplemental agreements, and change orders;
1420combined design and construction contracts; progress payments;
1421records; requirements of vehicle registration.--
1422     (7)  If the department determines that it is in the best
1423interest of the public, the department may pay a stipend to
1424unsuccessful firms who have submitted responsive proposals for
1425construction or maintenance contracts. The decision and amount
1426of a stipend will be based upon department analysis of the
1427estimated proposal development costs and the anticipated degree
1428of competition during the procurement process. Stipends shall be
1429used to encourage competition and compensate unsuccessful firms
1430for a portion of their proposal development costs. The
1431department shall retain the right to use ideas from unsuccessful
1432firms that accept a stipend.
1433     (8)(7)(a)  If the head of the department determines that it
1434is in the best interests of the public, the department may
1435combine the design and construction phases of a building, a
1436major bridge, a limited access facility, or a rail corridor
1437project into a single contract. Such contract is referred to as
1438a design-build contract. The department shall advertise for bid
1439a minimum of 25 percent of the construction contracts which add
1440capacity in the 5-year adopted work program as design-build
1441contracts. Design-build contracts may be advertised and awarded
1442notwithstanding the requirements of paragraph (3)(c). However,
1443construction activities may not begin on any portion of such
1444projects for which the department has not yet obtained title to
1445the necessary rights-of-way and easements for the construction
1446of that portion of the project has vested in the state or a
1447local governmental entity and all railroad crossing and utility
1448agreements have been executed. Title to rights-of-way shall be
1449deemed to have vested in the state when the title has been
1450dedicated to the public or acquired by prescription.
1451     (b)  The department shall adopt by rule procedures for
1452administering design-build contracts. Such procedures shall
1453include, but not be limited to:
1454     1.  Prequalification requirements.
1455     2.  Public announcement procedures.
1456     3.  Scope of service requirements.
1457     4.  Letters of interest requirements.
1458     5.  Short-listing criteria and procedures.
1459     6.  Bid proposal requirements.
1460     7.  Technical review committee.
1461     8.  Selection and award processes.
1462     9.  Stipend requirements.
1463     (c)  The department must receive at least three letters of
1464interest in order to proceed with a request for proposals. The
1465department shall request proposals from no fewer than three of
1466the design-build firms submitting letters of interest. If a
1467design-build firm withdraws from consideration after the
1468department requests proposals, the department may continue if at
1469least two proposals are received.
1470     Section 21.  Subsection (7) of section 337.14, Florida
1471Statutes, is amended to read:
1472     337.14  Application for qualification; certificate of
1473qualification; restrictions; request for hearing.--
1474     (7)  No "contractor" as defined in s. 337.165(1)(d) or his
1475or her "affiliate" as defined in s. 337.165(1)(a) qualified with
1476the department under this section may also qualify under s.
1477287.055 or s. 337.105 to provide testing services, construction,
1478engineering, and inspection services to the department. This
1479limitation shall not apply to any design-build prequalification
1480under s. 337.11(8)(7).
1481     Section 22.  Paragraph (a) of subsection (2) of section
1482337.16, Florida Statutes, is amended to read:
1483     337.16  Disqualification of delinquent contractors from
1484bidding; determination of contractor nonresponsibility; denial,
1485suspension, and revocation of certificates of qualification;
1486grounds; hearing.--
1487     (2)  For reasons other than delinquency in progress, the
1488department, for good cause, may determine any contractor not
1489having a certificate of qualification nonresponsible for a
1490specified period of time or may deny, suspend, or revoke any
1491certificate of qualification. Good cause includes, but is not
1492limited to, circumstances in which a contractor or the
1493contractor's official representative:
1494     (a)  Makes or submits to the department false, deceptive,
1495or fraudulent statements or materials in any bid proposal to the
1496department, any application for a certificate of qualification,
1497any certification of payment pursuant to s. 337.11(11)(10), or
1498any administrative or judicial proceeding;
1499     Section 23.  Paragraph (b) of subsection (1) of section
1500337.18 is amended to read:
1501     337.18  Surety bonds for construction or maintenance
1502contracts; requirement with respect to contract award; bond
1503requirements; defaults; damage assessments.--
1504     (1)
1505     (b)  Prior to beginning any work under the contract, the
1506contractor shall maintain a copy of the payment and performance
1507bond required under this section at its principal place of
1508business and at the jobsite office, if one is established, and
1509the contractor shall provide a copy of the payment and
1510performance bond within 5 days after receipt of any written
1511request therefor. A copy of the payment and performance bond
1512required under this section may also be obtained directly from
1513the department via a request made pursuant to chapter 119. Upon
1514execution of the contract, and prior to beginning any work under
1515the contract, the contractor shall record in the public records
1516of the county where the improvement is located the payment and
1517performance bond required under this section. A claimant shall
1518have a right of action against the contractor and surety for the
1519amount due him or her, including unpaid finance charges due
1520under the claimant's contract. Such action shall not involve the
1521department in any expense.
1522     Section 24.  Subsections (1), (2), and (7) of section
1523337.185, Florida Statutes, are amended to read:
1524     337.185  State Arbitration Board.--
1525     (1)  To facilitate the prompt settlement of claims for
1526additional compensation arising out of construction and
1527maintenance contracts between the department and the various
1528contractors with whom it transacts business, the Legislature
1529does hereby establish the State Arbitration Board, referred to
1530in this section as the "board." For the purpose of this section,
1531"claim" shall mean the aggregate of all outstanding claims by a
1532party arising out of a construction or maintenance contract.
1533Every contractual claim in an amount up to $250,000 per contract
1534or, at the claimant's option, up to $500,000 per contract or,
1535upon agreement of the parties, up to $1 million per contract
1536that cannot be resolved by negotiation between the department
1537and the contractor shall be arbitrated by the board after
1538acceptance of the project by the department. As an exception,
1539either party to the dispute may request that the claim be
1540submitted to binding private arbitration. A court of law may not
1541consider the settlement of such a claim until the process
1542established by this section has been exhausted.
1543     (2)  The board shall be composed of three members. One
1544member shall be appointed by the head of the department, and one
1545member shall be elected by those construction or maintenance
1546companies who are under contract with the department. The third
1547member shall be chosen by agreement of the other two members.
1548Whenever the third member has a conflict of interest regarding
1549affiliation with one of the parties, the other two members shall
1550select an alternate member for that hearing. The head of the
1551department may select an alternative or substitute to serve as
1552the department member for any hearing or term. Each member shall
1553serve a 2-year term. The board shall elect a chair, each term,
1554who shall be the administrator of the board and custodian of its
1555records.
1556     (7)  The members of the board may receive compensation for
1557the performance of their duties hereunder, from administrative
1558fees received by the board, except that no employee of the
1559department may receive compensation from the board. The
1560compensation amount shall be determined by the board, but shall
1561not exceed $125 per hour, up to a maximum of $1,000 per day for
1562each member authorized to receive compensation. Nothing in this
1563section shall prevent the member elected by construction or
1564maintenance companies from being an employee of an association
1565affiliated with the industry, even if the sole responsibility of
1566that member is service on the board. Travel expenses for the
1567industry member may be paid by an industry association, if
1568necessary. The board may allocate funds annually for clerical
1569and other administrative services.
1570     Section 25.  Subsection (1) of section 337.403, Florida
1571Statutes, is amended to read:
1572     337.403  Relocation of utility; expenses.--
1573     (1)  Any utility heretofore or hereafter placed upon,
1574under, over, or along any public road or publicly owned rail
1575corridor that is found by the authority to be unreasonably
1576interfering in any way with the convenient, safe, or continuous
1577use, or the maintenance, improvement, extension, or expansion,
1578of such public road or publicly owned rail corridor shall, upon
157930 days' written notice to the utility or its agent by the
1580authority, be removed or relocated by such utility at its own
1581expense except as provided in paragraphs (a)-(f) (a), (b), and
1582(c).
1583     (a)  If the relocation of utility facilities, as referred
1584to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
1585627 of the 84th Congress, is necessitated by the construction of
1586a project on the federal-aid interstate system, including
1587extensions thereof within urban areas, and the cost of such
1588project is eligible and approved for reimbursement by the
1589Federal Government to the extent of 90 percent or more under the
1590Federal Aid Highway Act, or any amendment thereof, then in that
1591event the utility owning or operating such facilities shall
1592relocate such facilities upon order of the department, and the
1593state shall pay the entire expense properly attributable to such
1594relocation after deducting therefrom any increase in the value
1595of the new facility and any salvage value derived from the old
1596facility.
1597     (b)  When a joint agreement between the department and the
1598utility is executed for utility improvement, relocation, or
1599removal work to be accomplished as part of a contract for
1600construction of a transportation facility, the department may
1601participate in those utility improvement, relocation, or removal
1602costs that exceed the department's official estimate of the cost
1603of such work by more than 10 percent. The amount of such
1604participation shall be limited to the difference between the
1605official estimate of all the work in the joint agreement plus 10
1606percent and the amount awarded for this work in the construction
1607contract for such work. The department may not participate in
1608any utility improvement, relocation, or removal costs that occur
1609as a result of changes or additions during the course of the
1610contract.
1611     (c)  When an agreement between the department and utility
1612is executed for utility improvement, relocation, or removal work
1613to be accomplished in advance of a contract for construction of
1614a transportation facility, the department may participate in the
1615cost of clearing and grubbing necessary to perform such work.
1616     (d)  If the utility facility being removed or relocated was
1617initially installed to exclusively serve the department, its
1618tenants, or both the department and its tenants, the department
1619shall bear the costs of removal or relocation of that utility
1620facility. The department shall not be responsible, however, for
1621bearing the cost of removal or relocation of any subsequent
1622additions to that facility for the purpose of serving others.
1623     (e)  If, pursuant to an agreement between a utility and the
1624authority entered into after the effective date of this
1625subsection, the utility conveys, subordinates, or relinquishes a
1626compensable property right to the authority for the purpose of
1627accommodating the acquisition or use of the right-of-way by the
1628authority, without the agreement expressly addressing future
1629responsibility for cost of removal or relocation of the utility,
1630then the authority shall bear the cost of such removal or
1631relocation. Nothing in this paragraph is intended to impair or
1632restrict, or be used to interpret, the terms of any such
1633agreement entered into prior to the effective date of this
1634paragraph.
1635     (f)  If the utility is an electric facility being relocated
1636underground in order to enhance vehicular, bicycle, and
1637pedestrian safety and in which ownership of the electric
1638facility to be placed underground has been transferred from a
1639private to a public utility within the past 5 years, the
1640department shall incur all costs of the relocation.
1641     Section 26.  Subsections (4) and (5) of section 337.408,
1642Florida Statutes, are amended, subsection (7) is renumbered as
1643subsection (8), and a new subsection (7) is added to that
1644section, to read:
1645     337.408  Regulation of benches, transit shelters, street
1646light poles, waste disposal receptacles, and modular news racks
1647within rights-of-way.--
1648     (4)  The department has the authority to direct the
1649immediate relocation or removal of any bench, transit shelter,
1650waste disposal receptacle, public pay telephone, or modular news
1651rack which endangers life or property, except that transit bus
1652benches which have been placed in service prior to April 1,
16531992, are not required to comply with bench size and advertising
1654display size requirements which have been established by the
1655department prior to March 1, 1992. Any transit bus bench that
1656was in service prior to April 1, 1992, may be replaced with a
1657bus bench of the same size or smaller, if the bench is damaged
1658or destroyed or otherwise becomes unusable. The department is
1659authorized to adopt rules relating to the regulation of bench
1660size and advertising display size requirements. If a
1661municipality or county within which a bench is to be located has
1662adopted an ordinance or other applicable regulation that
1663establishes bench size or advertising display sign requirements
1664different from requirements specified in department rule, the
1665local government requirement shall be applicable within the
1666respective municipality or county. Placement of any bench or
1667advertising display on the National Highway System under a local
1668ordinance or regulation adopted pursuant to this subsection
1669shall be subject to approval of the Federal Highway
1670Administration.
1671     (5)  No bench, transit shelter, waste disposal receptacle,
1672public pay telephone, or modular news rack, or advertising
1673thereon, shall be erected or so placed on the right-of-way of
1674any road which conflicts with the requirements of federal law,
1675regulations, or safety standards, thereby causing the state or
1676any political subdivision the loss of federal funds. Competition
1677among persons seeking to provide bench, transit shelter, waste
1678disposal receptacle, or modular news rack services or
1679advertising on such benches, shelters, receptacles, or news
1680racks may be regulated, restricted, or denied by the appropriate
1681local government entity consistent with the provisions of this
1682section.
1683     (7)  Public pay telephones, including advertising displayed
1684thereon, may be installed within the right-of-way limits of any
1685municipal, county, or state road, except on a limited access
1686highway, provided that such pay telephones are installed by a
1687provider duly authorized and regulated by the Public Service
1688Commission pursuant to s. 364.3375, that such pay telephones are
1689operated in accordance with all applicable state and federal
1690telecommunications regulations, and that written authorization
1691has been given to a public pay telephone provider by the
1692appropriate municipal or county government. Each advertisement
1693shall be limited to a size no greater than 8 square feet and no
1694public pay telephone booth shall display more than 3 such
1695advertisements at any given time. No advertisements shall be
1696allowed on public pay telephones located in rest areas, welcome
1697centers, and other such facilities located on an interstate
1698highway.
1699     Section 27.  Subsection (6) is added to section 338.01,
1700Florida Statutes, to read:
1701     338.01  Authority to establish and regulate limited access
1702facilities.--
1703     (6)  All new limited access facilities and existing
1704transportation facilities on which new or replacement electronic
1705toll collection systems are installed shall be interoperable
1706with the department's electronic toll collection system.
1707     Section 28.  Subsections (7) and (8) of section 338.165,
1708Florida Statutes, are renumbered as subsections (8) and (9),
1709respectively, subsections (2) and (4) are amended, and a new
1710subsection (7) is added to that section, to read:
1711     338.165  Continuation of tolls.--
1712     (2)  If the revenue-producing project is on the State
1713Highway System, any remaining toll revenue shall be used within
1714the county or counties in which the revenue-producing project is
1715located for the construction, maintenance, or improvement of any
1716road on the State Highway System or public transit within the
1717county or counties in which the revenue-producing project is
1718located, except as provided in s. 348.0004.
1719     (4)  Notwithstanding any other law to the contrary,
1720pursuant to s. 11, Art. VII of the State Constitution, and
1721subject to the requirements of subsection (2), the Department of
1722Transportation may request the Division of Bond Finance to issue
1723bonds secured by toll revenues to be collected on the Alligator
1724Alley, the Sunshine Skyway Bridge, the Beeline-East Expressway,
1725the Navarre Bridge, and the Pinellas Bayway to fund
1726transportation projects located within the county or counties in
1727which the project is located and contained in the adopted work
1728program of the department.
1729     (7)  This section does not apply to high-occupancy toll
1730lanes or express lanes.
1731     Section 29.  Paragraphs (d) and (e) are added to subsection
1732(1) of section 338.2216, Florida Statutes, to read:
1733     338.2216  Florida Turnpike Enterprise; powers and
1734authority.--
1735     (1)
1736     (d)  The Florida Turnpike Enterprise is directed to pursue
1737and implement new technologies and processes in its operations
1738and collection of tolls and the collection of other amounts
1739associated with road and infrastructure usage. Such technologies
1740and processes shall include, without limitation, video billing
1741and variable pricing.
1742     (e)1.  The Florida Turnpike Enterprise shall not under any
1743circumstances contract with any vendor for the retail sale of
1744fuel along the Florida Turnpike if such contract is negotiated
1745or bid together with any other contract, including, but not
1746limited to, the retail sale of food, maintenance services, or
1747construction, with the exception that any contract for the
1748retail sale of fuel along the Florida Turnpike shall be bid and
1749contracted together with the retail sale of food at any
1750convenience store attached to the fuel station.
1751     2.  All contracts related to service plazas, including, but
1752not limited to, the sale of fuel, the retail sale of food,
1753maintenance services, or construction, except for services
1754provided as defined in s. 287.055(2)(a), awarded by the Florida
1755Turnpike Enterprise shall be procured through individual
1756competitive solicitations and awarded to the most cost-effective  
1757responder. This paragraph does not prohibit the award of more
1758than one individual contract to a single vendor if he or she
1759submits the most cost-effective response.
1760     Section 30.  Paragraph (b) of subsection (1) of section
1761338.223, Florida Statutes, is amended to read:
1762     338.223  Proposed turnpike projects.--
1763     (1)
1764     (b)  Any proposed turnpike project or improvement shall be
1765developed in accordance with the Florida Transportation Plan and
1766the work program pursuant to s. 339.135. Turnpike projects that
1767add capacity, alter access, affect feeder roads, or affect the
1768operation of the local transportation system shall be included
1769in the transportation improvement plan of the affected
1770metropolitan planning organization. If such turnpike project
1771does not fall within the jurisdiction of a metropolitan planning
1772organization, the department shall notify the affected county
1773and provide for public hearings in accordance with s.
1774339.155(5)(6)(c).
1775     Section 31.  Section 338.231, Florida Statutes, is amended
1776to read:
1777     338.231  Turnpike tolls, fixing; pledge of tolls and other
1778revenues.--The department shall at all times fix, adjust,
1779charge, and collect such tolls and amounts for the use of the
1780turnpike system as are required in order to provide a fund
1781sufficient with other revenues of the turnpike system to pay the
1782cost of maintaining, improving, repairing, and operating such
1783turnpike system; to pay the principal of and interest on all
1784bonds issued to finance or refinance any portion of the turnpike
1785system as the same become due and payable; and to create
1786reserves for all such purposes.
1787     (1)  In the process of effectuating toll rate increases
1788over the period 1988 through 1992, the department shall, to the
1789maximum extent feasible, equalize the toll structure, within
1790each vehicle classification, so that the per mile toll rate will
1791be approximately the same throughout the turnpike system. New
1792turnpike projects may have toll rates higher than the uniform
1793system rate where such higher toll rates are necessary to
1794qualify the project in accordance with the financial criteria in
1795the turnpike law. Such higher rates may be reduced to the
1796uniform system rate when the project is generating sufficient
1797revenues to pay the full amount of debt service and operating
1798and maintenance costs at the uniform system rate. If, after 15
1799years of opening to traffic, the annual revenue of a turnpike
1800project does not meet or exceed the annual debt service
1801requirements and operating and maintenance costs attributable to
1802such project, the department shall, to the maximum extent
1803feasible, establish a toll rate for the project which is higher
1804than the uniform system rate as necessary to meet such annual
1805debt service requirements and operating and maintenance costs.
1806The department may, to the extent feasible, establish a
1807temporary toll rate at less than the uniform system rate for the
1808purpose of building patronage for the ultimate benefit of the
1809turnpike system. In no case shall the temporary rate be
1810established for more than 1 year. The requirements of this
1811subsection shall not apply when the application of such
1812requirements would violate any covenant established in a
1813resolution or trust indenture relating to the issuance of
1814turnpike bonds.
1815     (1)(2)  Notwithstanding any other provision of law, the
1816department may defer the scheduled July 1, 1993, toll rate
1817increase on the Homestead Extension of the Florida Turnpike
1818until July 1, 1995. The department may also advance funds to the
1819Turnpike General Reserve Trust Fund to replace estimated lost
1820revenues resulting from this deferral. The amount advanced must
1821be repaid within 12 years from the date of advance; however, the
1822repayment is subordinate to all other debt financing of the
1823turnpike system outstanding at the time repayment is due.
1824     (2)(3)  The department shall publish a proposed change in
1825the toll rate for the use of an existing toll facility, in the
1826manner provided for in s. 120.54, which will provide for public
1827notice and the opportunity for a public hearing before the
1828adoption of the proposed rate change. When the department is
1829evaluating a proposed turnpike toll project under s. 338.223 and
1830has determined that there is a high probability that the project
1831will pass the test of economic feasibility predicated on
1832proposed toll rates, the toll rate that is proposed to be
1833charged after the project is constructed must be adopted during
1834the planning and project development phase of the project, in
1835the manner provided for in s. 120.54, including public notice
1836and the opportunity for a public hearing. For such a new
1837project, the toll rate becomes effective upon the opening of the
1838project to traffic.
1839     (3)(a)(4)  For the period July 1, 1998, through June 30,
18402017, the department shall, to the maximum extent feasible,
1841program sufficient funds in the tentative work program such that
1842the percentage of turnpike toll and bond financed commitments in
1843Dade County, Broward County, and Palm Beach County as compared
1844to total turnpike toll and bond financed commitments shall be at
1845least 90 percent of the share of net toll collections
1846attributable to users of the turnpike system in Dade County,
1847Broward County, and Palm Beach County as compared to total net
1848toll collections attributable to users of the turnpike system.
1849The requirements of this subsection do not apply when the
1850application of such requirements would violate any covenant
1851established in a resolution or trust indenture relating to the
1852issuance of turnpike bonds. The department at any time for
1853economic considerations may establish lower temporary toll rates
1854for a new or existing toll facility for a period not to exceed 1
1855year, after which the toll rates promulgated under s. 120.54
1856shall become effective.
1857     (b)  The department shall also fix, adjust, charge, and
1858collect such amounts needed to cover the costs of administering
1859the different toll collection and payment methods and types of
1860accounts being offered and utilized, in the manner provided for
1861in s. 120.54, which will provide for public notice and the
1862opportunity for a public hearing before adoption. Such amounts
1863may stand alone, or be incorporated in a toll rate structure, or
1864be a combination thereof.
1865     (4)(5)  When bonds are outstanding which have been issued
1866to finance or refinance any turnpike project, the tolls and all
1867other revenues derived from the turnpike system and pledged to
1868such bonds shall be set aside as may be provided in the
1869resolution authorizing the issuance of such bonds or the trust
1870agreement securing the same. The tolls or other revenues or
1871other moneys so pledged and thereafter received by the
1872department are immediately subject to the lien of such pledge
1873without any physical delivery thereof or further act. The lien
1874of any such pledge is valid and binding as against all parties
1875having claims of any kind in tort or contract or otherwise
1876against the department irrespective of whether such parties have
1877notice thereof. Neither the resolution nor any trust agreement
1878by which a pledge is created need be filed or recorded except in
1879the records of the department.
1880     (5)(6)  In each fiscal year while any of the bonds of the
1881Broward County Expressway Authority series 1984 and series 1986-
1882A remain outstanding, the department is authorized to pledge
1883revenues from the turnpike system to the payment of principal
1884and interest of such series of bonds and the operation and
1885maintenance expenses of the Sawgrass Expressway, to the extent
1886gross toll revenues of the Sawgrass Expressway are insufficient
1887to make such payments. The terms of an agreement relative to the
1888pledge of turnpike system revenue will be negotiated with the
1889parties of the 1984 and 1986 Broward County Expressway Authority
1890lease-purchase agreements, and subject to the covenants of those
1891agreements. The agreement shall establish that the Sawgrass
1892Expressway shall be subject to the planning, management, and
1893operating control of the department limited only by the terms of
1894the lease-purchase agreements. The department shall provide for
1895the payment of operation and maintenance expenses of the
1896Sawgrass Expressway until such agreement is in effect. This
1897pledge of turnpike system revenues shall be subordinate to the
1898debt service requirements of any future issue of turnpike bonds,
1899the payment of turnpike system operation and maintenance
1900expenses, and subject to provisions of any subsequent resolution
1901or trust indenture relating to the issuance of such turnpike
1902bonds.
1903     (6)(7)  The use and disposition of revenues pledged to
1904bonds are subject to the provisions of ss. 338.22-338.241 and
1905such regulations as the resolution authorizing the issuance of
1906such bonds or such trust agreement may provide.
1907     Section 32.  Subsection (4) of section 339.12, Florida
1908Statutes, is amended to read:
1909     339.12  Aid and contributions by governmental entities for
1910department projects; federal aid.--
1911     (4)(a)  Prior to accepting the contribution of road bond
1912proceeds, time warrants, or cash for which reimbursement is
1913sought, the department shall enter into agreements with the
1914governing body of the governmental entity for the project or
1915project phases in accordance with specifications agreed upon
1916between the department and the governing body of the
1917governmental entity. The department in no instance is to receive
1918from such governmental entity an amount in excess of the actual
1919cost of the project or project phase. By specific provision in
1920the written agreement between the department and the governing
1921body of the governmental entity, the department may agree to
1922reimburse the governmental entity for the actual amount of the
1923bond proceeds, time warrants, or cash used on a highway project
1924or project phases that are not revenue producing and are
1925contained in the department's adopted work program, or any
1926public transportation project contained in the adopted work
1927program. Subject to appropriation of funds by the Legislature,
1928the department may commit state funds for reimbursement of such
1929projects or project phases. Reimbursement to the governmental
1930entity for such a project or project phase must be made from
1931funds appropriated by the Legislature, and reimbursement for the
1932cost of the project or project phase is to begin in the year the
1933project or project phase is scheduled in the work program as of
1934the date of the agreement. Funds advanced pursuant to this
1935section, which were originally designated for transportation
1936purposes and so reimbursed to a county or municipality, shall be
1937used by the county or municipality for any transportation
1938expenditure authorized under s. 336.025(7). Also, cities and
1939counties may receive funds from persons, and reimburse those
1940persons, for the purposes of this section. Such persons may
1941include, but are not limited to, those persons defined in s.
1942607.01401(19).
1943     (b)  Prior to entering an agreement to advance a project or
1944project phase pursuant to this subsection and subsection (5),
1945the department shall first update the estimated cost of the
1946project or project phase and certify that the estimate is
1947accurate and consistent with the amount estimated in the adopted
1948work program. If the original estimate and the updated estimate
1949vary, the department shall amend the adopted work program
1950according to the amendatory procedures for the work program set
1951forth in s. 339.135(7). The amendment shall reflect all
1952corresponding increases and decreases to the affected projects
1953within the adopted work program.
1954     (c)  The department may enter into agreements under this
1955subsection for a project or project phase not included in the
1956adopted work program. As used in this paragraph, the term
1957"project phase" means acquisition of rights-of-way,
1958construction, construction inspection, and related support
1959phases. The project or project phase must be a high priority of
1960the governmental entity. Reimbursement for a project or project
1961phase must be made from funds appropriated by the Legislature
1962pursuant to s. 339.135(5). All other provisions of this
1963subsection apply to agreements entered into under this
1964paragraph. The total amount of project agreements for projects
1965or project phases not included in the adopted work program
1966authorized by this paragraph may not at any time exceed $500
1967$100 million, of which a maximum of $200 million may be related
1968to the purchase of rights-of-way. However, notwithstanding such
1969$500 $100 million limit and any similar limit in s. 334.30,
1970project advances for any inland county with a population greater
1971than 500,000 dedicating amounts equal to $500 million or more of
1972its Local Government Infrastructure Surtax pursuant to s.
1973212.055(2) for improvements to the State Highway System which
1974are included in the local metropolitan planning organization's
1975or the department's long-range transportation plans shall be
1976excluded from the calculation of the statewide limit of project
1977advances.
1978     (d)  The department may enter into agreements under this
1979subsection with any county that has a population of 150,000 or
1980less as determined by the most recent official estimate pursuant
1981to s. 186.901 for a project or project phase not included in the
1982adopted work program. As used in this paragraph, the term
1983"project phase" means acquisition of rights-of-way,
1984construction, construction inspection, and related support
1985phases. The project or project phase must be a high priority of
1986the governmental entity. Reimbursement for a project or project
1987phase must be made from funds appropriated by the Legislature
1988pursuant to s. 339.135(5). All other provisions of this
1989subsection apply to agreements entered into under this
1990paragraph. The total amount of project agreements for projects
1991or project phases not included in the adopted work program
1992authorized by this paragraph may not at any time exceed $200
1993million. The project must be included in the local government's
1994adopted comprehensive plan. The department is authorized to
1995enter into long-term repayment agreements of up to 30 years.
1996     Section 33.  Paragraphs (c) and (d) of subsection (7) of
1997section 339.135, Florida Statutes, are amended to read:
1998     339.135  Work program; legislative budget request;
1999definitions; preparation, adoption, execution, and amendment.--
2000     (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
2001     (c)  The department may amend the adopted work program to
2002transfer fixed capital outlay appropriations for projects within
2003the same appropriations category or between appropriations
2004categories, including the following amendments which shall be
2005subject to the procedures in paragraph (d):
2006     1.  Any amendment which deletes any project or project
2007phase;
2008     2.  Any amendment which adds a project estimated to cost
2009over $500,000 $150,000 in funds appropriated by the Legislature;
2010     3.  Any amendment which advances or defers to another
2011fiscal year, a right-of-way phase, a construction phase, or a
2012public transportation project phase estimated to cost over
2013$500,000 in funds appropriated by the Legislature, except an
2014amendment advancing a phase to the current fiscal year by 1
2015fiscal year or deferring a phase for a period of 90 days or
2016less; or
2017     4.  Any amendment which advances or defers to another
2018fiscal year, any preliminary engineering phase or design phase
2019estimated to cost over $500,000 $150,000 in funds appropriated
2020by the Legislature, except an amendment advancing a phase to the
2021current fiscal year by 1 fiscal year or deferring a phase for a
2022period of 90 days or less.
2023     (d)1.  Whenever the department proposes any amendment to
2024the adopted work program, as defined in subparagraph (c)1. or
2025subparagraph (c)3., which deletes or defers a construction phase
2026on a capacity project, it shall notify each county affected by
2027the amendment and each municipality within the county. The
2028notification shall be issued in writing to the chief elected
2029official of each affected county, each municipality within the
2030county, and to the chair of each affected metropolitan planning
2031organization. Each affected county and each municipality within
2032a county are encouraged to coordinate with one another to
2033determine how the amendment impacts local concurrency management
2034and regional transportation planning efforts. Each affected
2035county and each municipality within the county shall have 14
2036calendar days to provide written comments to the department
2037regarding how the amendment will impact its respective
2038concurrency management systems, including whether any
2039development permits were issued contingent upon the capacity
2040improvement, if applicable. After receipt of written comments
2041from the affected local governments, the department shall
2042include any written comments submitted by the affected local
2043governments in its preparation of the proposed amendment.
2044     2.  Following the 14-day comment period in subparagraph 1.,
2045if applicable, whenever the department proposes any amendment to
2046the adopted work program, which amendment is defined in
2047subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
2048subparagraph (c)4., it shall submit the proposed amendment to
2049the Governor for approval and shall immediately notify the
2050chairs of the legislative appropriations committees, the chairs
2051of the legislative transportation committees, and each member of
2052the Legislature who represents a district affected by the
2053proposed amendment. The department shall also notify, each
2054metropolitan planning organization affected by the proposed
2055amendment, and each unit of local government affected by the
2056proposed amendment unless the department provided to each
2057organization or government the notification required in
2058subparagraph 1. Such proposed amendment shall provide a complete
2059justification of the need for the proposed amendment.
2060     3.2.  The Governor shall not approve a proposed amendment
2061until 14 days following the notification required in
2062subparagraph 2. 1.
2063     4.3.  If either of the chairs of the legislative
2064appropriations committees or the President of the Senate or the
2065Speaker of the House of Representatives objects in writing to a
2066proposed amendment within 14 days following notification and
2067specifies the reasons for such objection, the Governor shall
2068disapprove the proposed amendment.
2069     Section 34.  Section 339.155, Florida Statutes, is amended
2070to read:
2071     339.155  Transportation planning.--
2072     (1)  THE FLORIDA TRANSPORTATION PLAN.--The department shall
2073develop and annually update a statewide transportation plan, to
2074be known as the Florida Transportation Plan. The plan shall be
2075designed so as to be easily read and understood by the general
2076public. The purpose of the Florida Transportation Plan is to
2077establish and define the state's long-range transportation goals
2078and objectives to be accomplished over a period of at least 20
2079years within the context of the State Comprehensive Plan, and
2080any other statutory mandates and authorizations and based upon
2081the prevailing principles of: preserving the existing
2082transportation infrastructure; enhancing Florida's economic
2083competitiveness; and improving travel choices to ensure
2084mobility. The Florida Transportation Plan shall consider the
2085needs of the entire state transportation system and examine the
2086use of all modes of transportation to effectively and
2087efficiently meet such needs.
2088     (2)  SCOPE OF PLANNING PROCESS.--The department shall carry
2089out a transportation planning process in conformance with s.
2090334.046(1). which provides for consideration of projects and
2091strategies that will:
2092     (a)  Support the economic vitality of the United States,
2093Florida, and the metropolitan areas, especially by enabling
2094global competitiveness, productivity, and efficiency;
2095     (b)  Increase the safety and security of the transportation
2096system for motorized and nonmotorized users;
2097     (c)  Increase the accessibility and mobility options
2098available to people and for freight;
2099     (d)  Protect and enhance the environment, promote energy
2100conservation, and improve quality of life;
2101     (e)  Enhance the integration and connectivity of the
2102transportation system, across and between modes throughout
2103Florida, for people and freight;
2104     (f)  Promote efficient system management and operation; and
2105     (g)  Emphasize the preservation of the existing
2106transportation system.
2107     (3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida
2108Transportation Plan shall be a unified, concise planning
2109document that clearly defines the state's long-range
2110transportation goals and objectives and documents the
2111department's short-range objectives developed to further such
2112goals and objectives. The plan shall:
2113     (a)  Include a glossary that clearly and succinctly defines
2114any and all phrases, words, or terms of art included in the
2115plan, with which the general public may be unfamiliar. and shall
2116consist of, at a minimum, the following components:
2117     (b)(a)  Document A long-range component documenting the
2118goals and long-term objectives necessary to implement the
2119results of the department's findings from its examination of the
2120prevailing principles and criteria provided under listed in
2121subsection (2) and s. 334.046(1). The long-range component must
2122     (c)  Be developed in cooperation with the metropolitan
2123planning organizations and reconciled, to the maximum extent
2124feasible, with the long-range plans developed by metropolitan
2125planning organizations pursuant to s. 339.175. The plan must
2126also
2127     (d)  Be developed in consultation with affected local
2128officials in nonmetropolitan areas and with any affected Indian
2129tribal governments. The plan must
2130     (e)  Provide an examination of transportation issues likely
2131to arise during at least a 20-year period. The long-range
2132component shall
2133     (f)  Be updated at least once every 5 years, or more often
2134as necessary, to reflect substantive changes to federal or state
2135law.
2136     (b)  A short-range component documenting the short-term
2137objectives and strategies necessary to implement the goals and
2138long-term objectives contained in the long-range component. The
2139short-range component must define the relationship between the
2140long-range goals and the short-range objectives, specify those
2141objectives against which the department's achievement of such
2142goals will be measured, and identify transportation strategies
2143necessary to efficiently achieve the goals and objectives in the
2144plan. It must provide a policy framework within which the
2145department's legislative budget request, the strategic
2146information resource management plan, and the work program are
2147developed. The short-range component shall serve as the
2148department's annual agency strategic plan pursuant to s.
2149186.021. The short-range component shall be developed consistent
2150with available and forecasted state and federal funds. The
2151short-range component shall also be submitted to the Florida
2152Transportation Commission.
2153     (4)  ANNUAL PERFORMANCE REPORT.--The department shall
2154develop an annual performance report evaluating the operation of
2155the department for the preceding fiscal year. The report shall
2156also include a summary of the financial operations of the
2157department and shall annually evaluate how well the adopted work
2158program meets the short-term objectives contained in the short-
2159range component of the Florida Transportation Plan. This
2160performance report shall be submitted to the Florida
2161Transportation Commission and the legislative appropriations and
2162transportation committees.
2163     (4)(5)  ADDITIONAL TRANSPORTATION PLANS.--
2164     (a)  Upon request by local governmental entities, the
2165department may in its discretion develop and design
2166transportation corridors, arterial and collector streets,
2167vehicular parking areas, and other support facilities which are
2168consistent with the plans of the department for major
2169transportation facilities. The department may render to local
2170governmental entities or their planning agencies such technical
2171assistance and services as are necessary so that local plans and
2172facilities are coordinated with the plans and facilities of the
2173department.
2174     (b)  Each regional planning council, as provided for in s.
2175186.504, or any successor agency thereto, shall develop, as an
2176element of its strategic regional policy plan, transportation
2177goals and policies. The transportation goals and policies must
2178be prioritized to comply with the prevailing principles provided
2179in subsection (2) and s. 334.046(1). The transportation goals
2180and policies shall be consistent, to the maximum extent
2181feasible, with the goals and policies of the metropolitan
2182planning organization and the Florida Transportation Plan. The
2183transportation goals and policies of the regional planning
2184council will be advisory only and shall be submitted to the
2185department and any affected metropolitan planning organization
2186for their consideration and comments. Metropolitan planning
2187organization plans and other local transportation plans shall be
2188developed consistent, to the maximum extent feasible, with the
2189regional transportation goals and policies. The regional
2190planning council shall review urbanized area transportation
2191plans and any other planning products stipulated in s. 339.175
2192and provide the department and respective metropolitan planning
2193organizations with written recommendations which the department
2194and the metropolitan planning organizations shall take under
2195advisement. Further, the regional planning councils shall
2196directly assist local governments which are not part of a
2197metropolitan area transportation planning process in the
2198development of the transportation element of their comprehensive
2199plans as required by s. 163.3177.
2200     (c)  Regional transportation plans may be developed in
2201regional transportation areas in accordance with an interlocal
2202agreement entered into pursuant to s. 163.01 by two or more
2203contiguous metropolitan planning organizations; one or more
2204metropolitan planning organizations and one or more contiguous
2205counties, none of which is a member of a metropolitan planning
2206organization; a multicounty regional transportation authority
2207created by or pursuant to law; two or more contiguous counties
2208that are not members of a metropolitan planning organization; or
2209metropolitan planning organizations comprised of three or more
2210counties.
2211     (d)  The interlocal agreement must, at a minimum, identify
2212the entity that will coordinate the development of the regional
2213transportation plan; delineate the boundaries of the regional
2214transportation area; provide the duration of the agreement and
2215specify how the agreement may be terminated, modified, or
2216rescinded; describe the process by which the regional
2217transportation plan will be developed; and provide how members
2218of the entity will resolve disagreements regarding
2219interpretation of the interlocal agreement or disputes relating
2220to the development or content of the regional transportation
2221plan. Such interlocal agreement shall become effective upon its
2222recordation in the official public records of each county in the
2223regional transportation area.
2224     (e)  The regional transportation plan developed pursuant to
2225this section must, at a minimum, identify regionally significant
2226transportation facilities located within a regional
2227transportation area and contain a prioritized list of regionally
2228significant projects. The level-of-service standards for
2229facilities to be funded under this subsection shall be adopted
2230by the appropriate local government in accordance with s.
2231163.3180(10). The projects shall be adopted into the capital
2232improvements schedule of the local government comprehensive plan
2233pursuant to s. 163.3177(3).
2234     (5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
2235TRANSPORTATION PLANNING.--
2236     (a)  During the development of the long-range component of
2237the Florida Transportation Plan and prior to substantive
2238revisions, the department shall provide citizens, affected
2239public agencies, representatives of transportation agency
2240employees, other affected employee representatives, private
2241providers of transportation, and other known interested parties
2242with an opportunity to comment on the proposed plan or
2243revisions. These opportunities shall include, at a minimum,
2244publishing a notice in the Florida Administrative Weekly and
2245within a newspaper of general circulation within the area of
2246each department district office.
2247     (b)  During development of major transportation
2248improvements, such as those increasing the capacity of a
2249facility through the addition of new lanes or providing new
2250access to a limited or controlled access facility or
2251construction of a facility in a new location, the department
2252shall hold one or more hearings prior to the selection of the
2253facility to be provided; prior to the selection of the site or
2254corridor of the proposed facility; and prior to the selection of
2255and commitment to a specific design proposal for the proposed
2256facility. Such public hearings shall be conducted so as to
2257provide an opportunity for effective participation by interested
2258persons in the process of transportation planning and site and
2259route selection and in the specific location and design of
2260transportation facilities. The various factors involved in the
2261decision or decisions and any alternative proposals shall be
2262clearly presented so that the persons attending the hearing may
2263present their views relating to the decision or decisions which
2264will be made.
2265     (c)  Opportunity for design hearings:
2266     1.  The department, prior to holding a design hearing,
2267shall duly notify all affected property owners of record, as
2268recorded in the property appraiser's office, by mail at least 20
2269days prior to the date set for the hearing. The affected
2270property owners shall be:
2271     a.  Those whose property lies in whole or in part within
2272300 feet on either side of the centerline of the proposed
2273facility.
2274     b.  Those whom the department determines will be
2275substantially affected environmentally, economically, socially,
2276or safetywise.
2277     2.  For each subsequent hearing, the department shall
2278publish notice prior to the hearing date in a newspaper of
2279general circulation for the area affected. These notices must be
2280published twice, with the first notice appearing at least 15
2281days, but no later than 30 days, before the hearing.
2282     3.  A copy of the notice of opportunity for the hearing
2283must be furnished to the United States Department of
2284Transportation and to the appropriate departments of the state
2285government at the time of publication.
2286     4.  The opportunity for another hearing shall be afforded
2287in any case when proposed locations or designs are so changed
2288from those presented in the notices specified above or at a
2289hearing as to have a substantially different social, economic,
2290or environmental effect.
2291     5.  The opportunity for a hearing shall be afforded in each
2292case in which the department is in doubt as to whether a hearing
2293is required.
2294     Section 35.  Subsection (3) and paragraphs (b) and (c) of
2295subsection (4) of section 339.2816, Florida Statutes, are
2296amended to read:
2297     339.2816  Small County Road Assistance Program.--
2298     (3)  Beginning with fiscal year 1999-2000 until fiscal year
22992009-2010, and beginning again with fiscal year 2012-2013, up to
2300$25 million annually from the State Transportation Trust Fund
2301may be used for the purposes of funding the Small County Road
2302Assistance Program as described in this section.
2303     (4)
2304     (b)  In determining a county's eligibility for assistance
2305under this program, the department may consider whether the
2306county has attempted to keep county roads in satisfactory
2307condition, including the amount of local option fuel tax and ad
2308valorem millage rate imposed by the county. The department may
2309also consider the extent to which the county has offered to
2310provide a match of local funds with state funds provided under
2311the program. At a minimum, small counties shall be eligible only
2312if:
2313     1.  The county has enacted the maximum rate of the local
2314option fuel tax authorized by s. 336.025(1)(a)., and has imposed
2315an ad valorem millage rate of at least 8 mills; or
2316     2.  The county has imposed an ad valorem millage rate of 10
2317mills.
2318     (c)  The following criteria shall be used to prioritize
2319road projects for funding under the program:
2320     1.  The primary criterion is the physical condition of the
2321road as measured by the department.
2322     2.  As secondary criteria the department may consider:
2323     a.  Whether a road is used as an evacuation route.
2324     b.  Whether a road has high levels of agricultural travel.
2325     c.  Whether a road is considered a major arterial route.
2326     d.  Whether a road is considered a feeder road.
2327     e.  Whether a road is located in a fiscally constrained
2328county, as defined in s. 218.67(1).
2329     f.e.  Other criteria related to the impact of a project on
2330the public road system or on the state or local economy as
2331determined by the department.
2332     Section 36.  Subsections (1) and (3) of section 339.2819,
2333Florida Statutes, are amended to read:
2334     339.2819  Transportation Regional Incentive Program.--
2335     (1)  There is created within the Department of
2336Transportation a Transportation Regional Incentive Program for
2337the purpose of providing funds to improve regionally significant
2338transportation facilities in regional transportation areas
2339created pursuant to s. 339.155(4)(5).
2340     (3)  The department shall allocate funding available for
2341the Transportation Regional Incentive Program to the districts
2342based on a factor derived from equal parts of population and
2343motor fuel collections for eligible counties in regional
2344transportation areas created pursuant to s. 339.155(4)(5).
2345     Section 37.  Subsection (6) of section 339.285, Florida
2346Statutes, is amended to read:
2347     339.285  Enhanced Bridge Program for Sustainable
2348Transportation.--
2349     (6)  Preference shall be given to bridge projects located
2350on corridors that connect to the Strategic Intermodal System,
2351created under s. 339.64, and that have been identified as
2352regionally significant in accordance with s. 339.155(4)(5)(c),
2353(d), and (e).
2354     Section 38.  Subsections (8) through (14) are added to
2355section 341.301, Florida Statutes, to read:
2356     341.301  Definitions; ss. 341.302 and 341.303.--As used in
2357ss. 341.302 and 341.303, the term:
2358     (8)  "Commuter rail passenger or passengers" means and
2359includes any and all persons, ticketed or unticketed, using the
2360commuter rail service on a department owned rail corridor:
2361     (a)  On board trains, locomotives, rail cars, or rail
2362equipment employed in commuter rail service or entraining and
2363detraining therefrom;
2364     (b)  On or about the rail corridor for any purpose related
2365to the commuter rail service, including, without limitation,
2366parking, inquiring about commuter rail service or purchasing
2367tickets therefor and coming to, waiting for, leaving from, or
2368observing trains, locomotives, rail cars, or rail equipment; or
2369     (c)  Meeting, assisting, or in the company of any person
2370described in paragraph (a) or paragraph (b).
2371     (9)  "Commuter rail service" means the transportation of
2372commuter rail passengers and other passengers by rail pursuant
2373to a rail program provided by the department or any other
2374governmental entities.
2375     (10)  "Rail corridor invitee" means and includes any and
2376all persons who are on or about a department-owned rail
2377corridor:
2378     (a)  For any purpose related to any ancillary development
2379thereon; or
2380     (b)  Meeting, assisting, or in the company of any person
2381described in paragraph (a).
2382     (11)  "Rail corridor" means a linear contiguous strip of
2383real property that is used for rail service. The term includes
2384the corridor and structures essential to the operation of a
2385railroad, including the land, structures, improvements, rights-
2386of-way, easements, rail lines, rail beds, guideway structures,
2387switches, yards, parking facilities, power relays, switching
2388houses, rail stations, ancillary development, and any other
2389facilities or equipment used for the purposes of construction,
2390operation, or maintenance of a railroad that provides rail
2391service.
2392     (12)  "Railroad operations" means the use of the rail
2393corridor to conduct commuter rail service, intercity rail
2394passenger service, or freight rail service.
2395     (13)  "Ancillary development" includes any lessee or
2396licensee of the department, including, but not limited to, other
2397governmental entities, vendors, retailers, restaurateurs, or
2398contract service providers, within a department-owned rail
2399corridor, except for providers of commuter rail service,
2400intercity rail passenger service, or freight rail service.
2401     (14)  "Governmental entity or entities" means as defined in
2402s. 11.45, including a "public agency" as defined in s. 163.01.
2403     Section 39.  Section 341.302, Florida Statutes, is amended
2404to read:
2405     341.302  Rail program, duties and responsibilities of the
2406department.--The department, in conjunction with other
2407governmental entities units and the private sector, shall
2408develop and implement a rail program of statewide application
2409designed to ensure the proper maintenance, safety,
2410revitalization, and expansion of the rail system to assure its
2411continued and increased availability to respond to statewide
2412mobility needs. Within the resources provided pursuant to
2413chapter 216, and as authorized under federal law Title 49 C.F.R.
2414part 212, the department shall:
2415     (1)  Provide the overall leadership, coordination, and
2416financial and technical assistance necessary to assure the
2417effective responses of the state's rail system to current and
2418anticipated mobility needs.
2419     (2)  Promote and facilitate the implementation of advanced
2420rail systems, including high-speed rail and magnetic levitation
2421systems.
2422     (3)  Develop and periodically update the rail system plan,
2423on the basis of an analysis of statewide transportation needs.
2424The plan shall be consistent with the Florida Transportation
2425Plan developed pursuant to s. 339.155. The rail system plan
2426shall include an identification of priorities, programs, and
2427funding levels required to meet statewide needs. The rail system
2428plan shall be developed in a manner that will assure the maximum
2429use of existing facilities and the optimum integration and
2430coordination of the various modes of transportation, public and
2431private, in the most cost-effective manner possible. The rail
2432system plan shall be updated at least every 2 years and include
2433plans for both passenger rail service and freight rail service.
2434     (4)  As part of the work program of the department,
2435formulate a specific program of projects and financing to
2436respond to identified railroad needs.
2437     (5)  Provide technical and financial assistance to units of
2438local government to address identified rail transportation
2439needs.
2440     (6)  Secure and administer federal grants, loans, and
2441apportionments for rail projects within this state when
2442necessary to further the statewide program.
2443     (7)  Develop and administer state standards concerning the
2444safety and performance of rail systems, hazardous material
2445handling, and operations. Such standards shall be developed
2446jointly with representatives of affected rail systems, with full
2447consideration given to nationwide industry norms, and shall
2448define the minimum acceptable standards for safety and
2449performance.
2450     (8)  Conduct, at a minimum, inspections of track and
2451rolling stock; train signals and related equipment; hazardous
2452materials transportation, including the loading, unloading, and
2453labeling of hazardous materials at shippers', receivers', and
2454transfer points; and train operating practices to determine
2455adherence to state and federal standards. Department personnel
2456may enforce any safety regulation issued under the Federal
2457Government's preemptive authority over interstate commerce.
2458     (9)  Assess penalties, in accordance with the applicable
2459federal regulations, for the failure to adhere to the state
2460standards.
2461     (10)  Administer rail operating and construction programs,
2462which programs shall include the regulation of maximum train
2463operating speeds, the opening and closing of public grade
2464crossings, the construction and rehabilitation of public grade
2465crossings, and the installation of traffic control devices at
2466public grade crossings, the administering of the programs by the
2467department including participation in the cost of the programs.
2468     (11)  Coordinate and facilitate the relocation of railroads
2469from congested urban areas to nonurban areas when relocation has
2470been determined feasible and desirable from the standpoint of
2471safety, operational efficiency, and economics.
2472     (12)  Implement a program of branch line continuance
2473projects when an analysis of the industrial and economic
2474potential of the line indicates that public involvement is
2475required to preserve essential rail service and facilities.
2476     (13)  Provide new rail service and equipment when:
2477     (a)  Pursuant to the transportation planning process, a
2478public need has been determined to exist;
2479     (b)  The cost of providing such service does not exceed the
2480sum of revenues from fares charged to users, services purchased
2481by other public agencies, local fund participation, and specific
2482legislative appropriation for this purpose; and
2483     (c)  Service cannot be reasonably provided by other
2484governmental or privately owned rail systems.
2485
2486The department may own, lease, and otherwise encumber
2487facilities, equipment, and appurtenances thereto, as necessary
2488to provide new rail services; or the department may provide such
2489service by contracts with privately owned service providers.
2490     (14)  Furnish required emergency rail transportation
2491service if no other private or public rail transportation
2492operation is available to supply the required service and such
2493service is clearly in the best interest of the people in the
2494communities being served. Such emergency service may be
2495furnished through contractual arrangement, actual operation of
2496state-owned equipment and facilities, or any other means
2497determined appropriate by the secretary.
2498     (15)  Assist in the development and implementation of
2499marketing programs for rail services and of information systems
2500directed toward assisting rail systems users.
2501     (16)  Conduct research into innovative or potentially
2502effective rail technologies and methods and maintain expertise
2503in state-of-the-art rail developments.
2504     (17)  In conjunction with the acquisition, ownership,
2505construction, operation, maintenance, and management of a rail
2506corridor, have the authority to:
2507     (a)  Assume the obligation by contract to forever protect,
2508defend, and indemnify and hold harmless the freight rail
2509operator, or its successors, from whom the department has
2510acquired a real property interest in the rail corridor, and that
2511freight rail operator's officers, agents, and employees, from
2512and against any liability, cost, and expense including, but not
2513limited to, commuter rail passengers, rail corridor invitees,
2514and trespassers in the rail corridor, regardless of whether the
2515loss, damage, destruction, injury, or death giving rise to any
2516such liability, cost, or expense is caused in whole or in part
2517and to whatever nature or degree by the fault, failure,
2518negligence, misconduct, nonfeasance, or misfeasance of such
2519freight rail operator, its successors, or its officers, agents,
2520and employees, or any other person or persons whomsoever,
2521provided that such assumption of liability of the department by
2522contract shall not in any instance exceed the following
2523parameters of allocation of risk:
2524     1.  The department may be solely responsible for any loss,
2525injury, or damage to commuter rail passengers, rail corridor
2526invitees, or trespassers, regardless of circumstances or cause,
2527subject to subparagraphs 2., 3., and 4.
2528     2.  When only one train is involved in an incident, the
2529department may be solely responsible for any loss, injury, or
2530damage if the train is a department train or other train
2531pursuant to subparagraph 3., but only if in an instance when
2532only a freight rail operator train is involved the freight rail
2533operator is solely responsible for any loss, injury, or damage,
2534except for commuter rail passengers, rail corridor invitees, and
2535trespassers; and, the freight rail operator is solely
2536responsible for its property and all of its people in any
2537instance when its train is involved in an incident.
2538     3.  For the purposes of this subsection, any train involved
2539in an incident that is neither the department's train nor the
2540freight rail operator's train, hereinafter referred to in this
2541subsection as an "other train," may be treated as a department
2542train, solely for purposes of any allocation of liability
2543between the department and the freight rail operator only, but
2544only if the department and the freight rail operator share
2545responsibility equally as to third parties outside the rail
2546corridor who incur loss, injury, or damage as a result of any
2547incident involving both a department train and a freight rail
2548operator train; and, the allocation as between the department
2549and the freight rail operator, regardless of whether the other
2550train is treated as a department train, shall remain one-half
2551each as to third parties outside the rail corridor who incur
2552loss, injury, or damage as a result of the incident, and the
2553involvement of any other train shall not alter the sharing of
2554equal responsibility as to third parties outside the rail
2555corridor who incur loss, injury, or damage as a result of the
2556incident.
2557     4.  When more than one train is involved in an incident:
2558     a.  If only a department train and a freight rail
2559operator's train, or only another train as described in
2560subparagraph 3. and a freight rail operator's train, are
2561involved in an incident, the department may be responsible for
2562its property and all of its people, all commuter rail
2563passengers, rail corridor invitees, and trespassers, but only if
2564the freight rail operator is responsible for its property and
2565all of its people; and the department and the freight rail
2566operator share responsibility one-half each as to third parties
2567outside the rail corridor who incur loss, injury, or damage as a
2568result of the incident.
2569     b.  If a department train, a freight rail operator train,
2570and any other train are involved in an incident, the allocation
2571of liability as between the department and the freight rail
2572operator, regardless of whether the other train is treated as a
2573department train, shall remain one-half each as to third parties
2574outside the rail corridor who incur loss, injury, or damage as a
2575result of the incident; the involvement of any other train shall
2576not alter the sharing of equal responsibility as to third
2577parties outside the rail corridor who incur loss, injury, or
2578damage as a result of the incident; and, if the owner, operator,
2579or insurer of the other train makes any payment to injured third
2580parties outside the rail corridor who incur loss, injury, or
2581damage as a result of the incident, the allocation of credit
2582between the department and the freight rail operator as to such
2583payment shall not in any case reduce the freight rail operator's
2584third party sharing allocation of one-half under this paragraph
2585to less than one-third of the total third party liability.
2586     5.  Any such contractual duty to protect, defend,
2587indemnify, and hold harmless such a freight rail operator shall
2588expressly: include a specific cap on the amount of the
2589contractual duty, which amount shall not exceed $200 million
2590without prior legislative approval; require the department to
2591purchase liability insurance and establish a self-insurance
2592retention fund in the amount of the specific cap established
2593under this paragraph; provide that no such contractual duty
2594shall in any case be effective nor otherwise extend the
2595department's liability in scope and effect beyond the
2596contractual liability insurance and self-insurance retention
2597fund required pursuant to this paragraph; and provide that the
2598freight rail operator's compensation to the department for
2599future use of the department's rail corridor shall include a
2600monetary contribution to the cost of such liability coverage for
2601the sole benefit of the freight rail operator.
2602     (b)  Purchase liability insurance which amount shall not
2603exceed $200 million and establish a self-insurance retention
2604fund for the purpose of paying the deductible limit established
2605in the insurance policies it may obtain, including coverage for
2606the department, any freight rail operator as described in
2607paragraph (a), commuter rail service providers, governmental
2608entities, or ancillary development; however, the insureds shall
2609pay a reasonable monetary contribution to the cost of such
2610liability coverage for the sole benefit of the insured. Such
2611insurance and self-insurance retention fund may provide coverage
2612for all damages, including, but not limited to, compensatory,
2613special, and exemplary, and be maintained to provide an adequate
2614fund to cover claims and liabilities for loss, injury, or damage
2615arising out of or connected with the ownership, operation,
2616maintenance, and management of a rail corridor.
2617     (c)  Incur expenses for the purchase of advertisements,
2618marketing, and promotional items.
2619
2620Neither the assumption by contract to protect, defend,
2621indemnify, and hold harmless; the purchase of insurance; nor the
2622establishment of a self-insurance retention fund shall be deemed
2623to be a waiver of any defense of sovereign immunity for torts
2624nor deemed to increase the limits of the department's or the
2625governmental entity's liability for torts as provided in s.
2626768.28. The requirements of s. 287.022(1) shall not apply to the
2627purchase of any insurance hereunder. The provisions of this
2628subsection shall apply and inure fully as to any other
2629governmental entity providing commuter rail service and
2630constructing, operating, maintaining, or managing a rail
2631corridor on publicly owned right-of-way under contract by the
2632governmental entity with the department or a governmental entity
2633designated by the department.
2634     (18)(17)  Exercise such other functions, powers, and duties
2635in connection with the rail system plan as are necessary to
2636develop a safe, efficient, and effective statewide
2637transportation system.
2638     Section 40.  Section 341.3023, Florida Statutes, is created
2639to read:
2640     341.3023  Commuter rail programs and intercity rail
2641transportation system study.--
2642     (1)  The department shall undertake a comprehensive review
2643and study of commuter railroad programs and intercity railroad
2644transportation system plans and their impacts in the state
2645through 2028.
2646     (2)  The review and study shall encompass and include
2647information concerning:
2648     (a)  Commuter rail programs and intercity rail
2649transportation system facility and improvement needs and plans,
2650including those associated with connectivity to such facilities
2651and improvements, outlined or contained in, without limitation
2652thereto, the current Florida Transportation Plan developed
2653pursuant to s. 339.155(1); regional transportation plans
2654developed pursuant to s. 339.155(5); the Strategic Intermodal
2655System Plan developed pursuant to s. 339.64; the adopted work
2656plan developed pursuant to s. 339.135; long-range transportation
2657plans developed pursuant to s. 339.175(7); transportation
2658improvement plans of relevant metropolitan planning
2659organizations developed pursuant to s. 339.175(8); plans,
2660information, and studies prepared for or by the authorities
2661created in parts I, II, III, and V of chapter 343; relevant
2662studies and information previously prepared by the department
2663and the Transportation Commission; and the transportation and
2664capital improvement elements of relevant approved local
2665government comprehensive plans.
2666     (b)  A detailed review of funding in the state for commuter
2667rail programs and intercity rail transportation system
2668improvements, projects, facilities, equipment, rights-of-way,
2669operating costs, and other costs during the previous 20 years
2670from state, federal, and local government sources.
2671     (c)  An assessment of the impacts of commuter rail programs
2672and intercity rail transportation system improvements, projects,
2673and facilities that have been undertaken in the state during the
2674previous 20 years and their impact on the state, regional, and
2675local transportation system and Florida's economic development.
2676     (d)  Proposed commuter rail programs and intercity rail
2677transportation system improvements, projects, and facilities
2678throughout the state to be undertaken during the next 20 years,
2679including, based upon the best available, existing data, a
2680detailed listing of specific projects with estimates of the
2681costs of each specific project; projected timelines for such
2682improvements, projects, and facilities; and the estimated
2683priority of each such improvement, project, and facility.
2684     (e)  A map of those proposed improvements, projects, and
2685facilities.
2686     (f)  A finance plan based upon reasonable projections of
2687anticipated revenues available to the department and units of
2688local government, including both 10-year and 20-year cost-
2689feasible components, for such improvements, projects, and
2690facilities that demonstrates how or what portion of such
2691improvements, projects, and facilities can be implemented.
2692     (g)  A feasibility study of the best alternatives for
2693implementing intercity passenger railroad service between the
2694Tampa Bay region and the greater Orlando area.
2695     (h)  A proposed prioritization process, including
2696alternatives, for commuter railroad and intercity railroad
2697improvements, projects, and facilities.
2698     (i)  Funding alternatives for commuter rail programs and
2699intercity rail transportation system improvements, projects, and
2700facilities including specific resources, both public and
2701private, that are reasonably expected to be available to
2702accomplish such improvements, projects, and facilities and any
2703innovative financing techniques that might be used to fund such
2704improvements, projects, and facilities.
2705     (3)  The report shall also include detailed information and
2706findings about negative impacts caused by current, or projected
2707to be caused by proposed, commuter rail programs and intercity
2708rail transportation system projects or freight railroad traffic
2709in urban areas of the state. For the purpose of this section,
2710"negative impacts" means those caused by noise, vibration, and
2711vehicular traffic congestion and delays occurring at rail and
2712road intersections. "Urban areas" means those areas within or
2713adjacent to a municipality generally characterized by high
2714density development and building patterns, greater concentration
2715of population, and a high level and concentration of public
2716services and facilities. The Orlando commuter rail project means
2717the Central Florida Rail Corridor, a line of railroad between
2718Deland and Poinciana. The report shall include, without
2719limitation:
2720     (a)  Options and alternatives for eliminating negative
2721impacts associated with increased freight railroad traffic and
2722freight railroad congestions within urban areas resulting from
2723commuter rail programs or intercity rail transportation system
2724improvements, projects, and facilities, including specifically
2725those associated with the Orlando commuter railroad project.
2726     (b)  Proposed freight railroad improvements, projects, and
2727facilities to be undertaken in the next 20 years, including
2728those associated with the Orlando commuter railroad project, to
2729eliminate such negative impacts, including, based upon the best
2730available, existing data, a detailed listing of specific
2731projects with estimates of the costs of each specific
2732improvement, project, and facility; projected timelines for such
2733improvements, projects, and facilities; the estimated priority
2734of each such improvement, project, and facility; and the
2735benefits to public safety, economic development, and downtown
2736development and redevelopment from such improvements, projects,
2737and facilities.
2738     (c)  A map of those proposed improvements, projects, and
2739facilities.
2740     (d)  A finance plan based upon reasonable projections of
2741anticipated revenues available to the department and units of
2742local government, including both 10-year and 20-year cost-
2743feasible components, for such improvements, projects, and
2744facilities that demonstrates how or what portion of such
2745improvements, projects, and facilities can be implemented, as it
2746is the intent of the Legislature and the public policy of the
2747state that such negative impacts of commuter rail programs, and
2748intercity rail transportation system projects funded by the
2749state, including those associated with the Orlando commuter
2750railroad project, be eliminated not later than 8 years after
2751commuter rail programs and intercity rail transportation system
2752projects begin operation.
2753     (4)  The report containing the information required
2754pursuant to subsections (1), (2), and (3) shall be delivered to
2755the Governor, the President of the Senate, the Speaker of the
2756House of Representatives, and the leaders of the minority
2757parties of the Senate and House of Representatives on or before
2758January 15, 2009.
2759     Section 41.  Part III of chapter 343, Florida Statutes,
2760consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,
2761343.76, and 343.77, is repealed.
2762     Section 42.  Subsection (4) of section 348.0003, Florida
2763Statutes, is amended to read:
2764     348.0003  Expressway authority; formation; membership.--
2765     (4)(a)  An authority may employ an executive secretary, an
2766executive director, its own counsel and legal staff, technical
2767experts, and such engineers and employees, permanent or
2768temporary, as it may require and shall determine the
2769qualifications and fix the compensation of such persons, firms,
2770or corporations. An authority may employ a fiscal agent or
2771agents; however, the authority must solicit sealed proposals
2772from at least three persons, firms, or corporations for the
2773performance of any services as fiscal agents. An authority may
2774delegate to one or more of its agents or employees such of its
2775power as it deems necessary to carry out the purposes of the
2776Florida Expressway Authority Act, subject always to the
2777supervision and control of the authority. Members of an
2778authority may be removed from office by the Governor for
2779misconduct, malfeasance, misfeasance, or nonfeasance in office.
2780     (b)  Members of an authority are entitled to receive from
2781the authority their travel and other necessary expenses incurred
2782in connection with the business of the authority as provided in
2783s. 112.061, but they may not draw salaries or other
2784compensation.
2785     (c)  Members of each expressway an authority,
2786transportation authority, bridge authority, or toll authority,
2787created pursuant to this chapter, chapter 343, or chapter 349,
2788or pursuant to any other legislative enactment, shall be
2789required to comply with the applicable financial disclosure
2790requirements of s. 8, Art. II of the State Constitution. This
2791subsection does not subject a statutorily created expressway
2792authority, transportation authority, bridge authority, or toll
2793authority, other than one created under this part, to any of the
2794requirements of this part other than those contained in this
2795subsection.
2796     Section 43.  Paragraph (c) is added to subsection (1) of
2797section 348.0004, Florida Statutes, to read:
2798     348.0004  Purposes and powers.--
2799     (1)
2800     (c)  Notwithstanding any other provision of law, expressway
2801authorities as defined in chapter 348 shall index toll rates on
2802toll facilities to the annual Consumer Price Index or similar
2803inflation indicators. Toll rate index for inflation under this
2804subsection must be adopted and approved by the expressway
2805authority board at a public meeting and may be made no more
2806frequently than once a year and must be made no less frequently
2807than once every 5 years as necessary to accommodate cash toll
2808rate schedules. Toll rates may be increased beyond these limits
2809as directed by bond documents, covenants, or governing body
2810authorization or pursuant to department administrative rule.
2811     Section 44.  Subsection (1) of section 479.01, Florida
2812Statutes, is amended to read:
2813     479.01  Definitions.--As used in this chapter, the term:
2814     (1)  "Automatic changeable facing" means a facing that
2815which through a mechanical system is capable of delivering two
2816or more advertising messages through an automated or remotely
2817controlled process and shall not rotate so rapidly as to cause
2818distraction to a motorist.
2819     Section 45.  Subsections (1), (5), and (9) of section
2820479.07, Florida Statutes, are amended to read:
2821     479.07  Sign permits.--
2822     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
2823person may not erect, operate, use, or maintain, or cause to be
2824erected, operated, used, or maintained, any sign on the State
2825Highway System outside an urban incorporated area, as defined in
2826s. 334.03(32), or on any portion of the interstate or federal-
2827aid primary highway system without first obtaining a permit for
2828the sign from the department and paying the annual fee as
2829provided in this section. For purposes of this section, "on any
2830portion of the State Highway System, interstate, or federal-aid
2831primary system" shall mean a sign located within the controlled
2832area which is visible from any portion of the main-traveled way
2833of such system.
2834     (5)(a)  For each permit issued, the department shall
2835furnish to the applicant a serially numbered permanent metal
2836permit tag. The permittee is responsible for maintaining a valid
2837permit tag on each permitted sign facing at all times. The tag
2838shall be securely attached to the sign facing or, if there is no
2839facing, on the pole nearest the highway; and it shall be
2840attached in such a manner as to be plainly visible from the
2841main-traveled way. Effective July 1, 2011, the tag shall be
2842securely attached to the upper 50 percent of the pole nearest
2843the highway and shall be attached in such a manner as to be
2844plainly visible from the main-traveled way. The permit will
2845become void unless the permit tag is properly and permanently
2846displayed at the permitted site within 30 days after the date of
2847permit issuance. If the permittee fails to erect a completed
2848sign on the permitted site within 270 days after the date on
2849which the permit was issued, the permit will be void, and the
2850department may not issue a new permit to that permittee for the
2851same location for 270 days after the date on which the permit
2852became void.
2853     (b)  If a permit tag is lost, stolen, or destroyed, the
2854permittee to whom the tag was issued may must apply to the
2855department for a replacement tag. The department shall establish
2856by rule a service fee for replacement tags in an amount that
2857will recover the actual cost of providing the replacement tag.
2858Upon receipt of the application accompanied by the a service fee
2859of $3, the department shall issue a replacement permit tag.
2860Alternatively, the permittee may provide its own replacement tag
2861pursuant to department specifications which the department shall
2862establish by rule at the time it establishes the service fee for
2863replacement tags.
2864     (9)(a)  A permit shall not be granted for any sign for
2865which a permit had not been granted by the effective date of
2866this act unless such sign is located at least:
2867     1.  One thousand five hundred feet from any other permitted
2868sign on the same side of the highway, if on an interstate
2869highway.
2870     2.  One thousand feet from any other permitted sign on the
2871same side of the highway, if on a federal-aid primary highway.
2872
2873The minimum spacing provided in this paragraph does not preclude
2874the permitting of V-type, back-to-back, side-to-side, stacked,
2875or double-faced signs at the permitted sign site. If a sign is
2876visible from the controlled area of more than one highway
2877subject to the jurisdiction of the department, the sign shall
2878meet the permitting requirements of, and, if the sign meets the
2879applicable permitting requirements, be permitted to, the highway
2880with the more stringent permitting requirements.
2881     (b)  A permit shall not be granted for a sign pursuant to
2882this chapter to locate such sign on any portion of the
2883interstate or federal-aid primary highway system, which sign:
2884     1.  Exceeds 50 feet in sign structure height above the
2885crown of the main-traveled way, if outside an incorporated area;
2886     2.  Exceeds 65 feet in sign structure height above the
2887crown of the main-traveled way, if inside an incorporated area;
2888or
2889     3.  Exceeds 950 square feet of sign facing including all
2890embellishments.
2891     (c)  Notwithstanding subparagraph (a)1., there is
2892established a pilot program in Orange, Hillsborough, and Osceola
2893Counties, and within the boundaries of the City of Miami, under
2894which the distance between permitted signs on the same side of
2895an interstate highway may be reduced to 1,000 feet if all other
2896requirements of this chapter are met and if:
2897     1.  The local government has adopted a plan, program,
2898resolution, ordinance, or other policy encouraging the voluntary
2899removal of signs in a downtown, historic, redevelopment, infill,
2900or other designated area which also provides for a new or
2901replacement sign to be erected on an interstate highway within
2902that jurisdiction if a sign in the designated area is removed;
2903     2.  The sign owner and the local government mutually agree
2904to the terms of the removal and replacement; and
2905     3.  The local government notifies the department of its
2906intention to allow such removal and replacement as agreed upon
2907pursuant to subparagraph 2.
2908
2909The department shall maintain statistics tracking the use of the
2910provisions of this pilot program based on the notifications
2911received by the department from local governments under this
2912paragraph.
2913     Section 46.  Section 479.08, Florida Statutes, is amended
2914to read:
2915     479.08  Denial or revocation of permit.--The department has
2916the authority to deny or revoke any permit requested or granted
2917under this chapter in any case in which it determines that the
2918application for the permit contains knowingly false or knowingly
2919misleading information. The department has the authority to
2920revoke any permit granted under this chapter in any case in
2921which or that the permittee has violated any of the provisions
2922of this chapter, unless such permittee, within 30 days after the
2923receipt of notice by the department, corrects such false or
2924misleading information and complies with the provisions of this
2925chapter. For the purpose of this section, the notice of
2926violation issued by the department shall describe in detail the
2927alleged violation. Any person aggrieved by any action of the
2928department in denying or revoking a permit under this chapter
2929may, within 30 days after receipt of the notice, apply to the
2930department for an administrative hearing pursuant to chapter
2931120. If a timely request for hearing has been filed and the
2932department issues a final order revoking a permit, such
2933revocation shall be effective 30 days after the date of
2934rendition. Except for department action pursuant to s.
2935479.107(1), the filing of a timely and proper notice of appeal
2936shall operate to stay the revocation until the department's
2937action is upheld.
2938     Section 47.  Section 479.156, Florida Statutes, is amended
2939to read:
2940     479.156  Wall murals.--Notwithstanding any other provision
2941of this chapter, a municipality or county may permit and
2942regulate wall murals within areas designated by such government.
2943If a municipality or county permits wall murals, a wall mural
2944that displays a commercial message and is within 660 feet of the
2945nearest edge of the right-of-way within an area adjacent to the
2946interstate highway system or the federal-aid primary highway
2947system shall be located in an area that is zoned for industrial
2948or commercial use and the municipality or county shall establish
2949and enforce regulations for such areas that, at a minimum, set
2950forth criteria governing the size, lighting, and spacing of wall
2951murals consistent with the intent of the Highway Beautification
2952Act of 1965 and with customary use. Whenever a municipality or
2953county exercises such control and makes a determination of  
2954customary use, pursuant to 23 U.S.C. s. 131(d), such
2955determination shall be accepted in lieu of controls in the
2956agreement between the state and the United States Department of
2957Transportation, and the department shall certify effective local
2958control pursuant to 23 U.S.C. s. 131(d) and C.F.R. s.
2959750.706(c). A wall mural that is subject to municipal or county
2960regulation and the Highway Beautification Act of 1965 must be
2961approved by the Department of Transportation pursuant to and the
2962Federal Highway Administration and may not violate the agreement
2963and between the state and the United States Department of
2964Transportation or violate federal regulations enforced by the
2965Department of Transportation under s. 479.02(1). The existence
2966of a wall mural as defined in s. 479.01(27) shall not be
2967considered in determining whether a sign as defined in s.
2968479.01(17), either existing or new, is in compliance with s.
2969479.07(9)(a).
2970     Section 48.  Subsections (1), (3), (4), and (5) of section
2971479.261, Florida Statutes, are amended to read:
2972     479.261  Logo sign program.--
2973     (1)  The department shall establish a logo sign program for
2974the rights-of-way of the interstate highway system to provide
2975information to motorists about available gas, food, lodging, and
2976camping, attractions, and other services which are approved by
2977the Federal Highway Administration at interchanges, through the
2978use of business logos, and may include additional interchanges
2979under the program. A logo sign for nearby attractions may be
2980added to this program if allowed by federal rules.
2981     (a)  An attraction as used in this chapter is defined as an
2982establishment, site, facility, or landmark which is open a
2983minimum of 5 days a week for 52 weeks a year; which charges an
2984admission for entry; which has as its principal focus family-
2985oriented entertainment, cultural, educational, recreational,
2986scientific, or historical activities; and which is publicly
2987recognized as a bona fide tourist attraction. However, the
2988permits for businesses seeking to participate in the attractions
2989logo sign program shall be awarded by the department annually to
2990the highest bidders, notwithstanding the limitation on fees in
2991subsection (5), which are qualified for available space at each
2992qualified location, but the fees therefor may not be less than
2993the fees established for logo participants in other logo
2994categories.
2995     (b)  The department shall incorporate the use of RV-
2996friendly markers on specific information logo signs for
2997establishments that cater to the needs of persons driving
2998recreational vehicles. Establishments that qualify for
2999participation in the specific information logo program and that
3000also qualify as "RV-friendly" may request the RV-friendly marker
3001on their specific information logo sign. An RV-friendly marker
3002must consist of a design approved by the Federal Highway
3003Administration. The department shall adopt rules in accordance
3004with chapter 120 to administer this paragraph, including rules
3005setting forth the minimum requirements that establishments must
3006meet in order to qualify as RV-friendly. These requirements
3007shall include large parking spaces, entrances, and exits that
3008can easily accommodate recreational vehicles and facilities
3009having appropriate overhead clearances, if applicable.
3010     (c)  The department is authorized to implement by rule a
3011rotation-based logo program providing for the removal and
3012addition of participating businesses in the program.
3013     (3)  Logo signs may be installed upon the issuance of an
3014annual permit by the department or its agent and payment of a an
3015application and permit fee to the department or its agent.
3016     (4)  The department may contract pursuant to s. 287.057 for
3017the provision of services related to the logo sign program,
3018including recruitment and qualification of businesses, review of
3019applications, permit issuance, and fabrication, installation,
3020and maintenance of logo signs. The department may reject all
3021proposals and seek another request for proposals or otherwise
3022perform the work. If the department contracts for the provision
3023of services for the logo sign program, the contract must
3024require, unless the business owner declines, that businesses
3025that previously entered into agreements with the department to
3026privately fund logo sign construction and installation be
3027reimbursed by the contractor for the cost of the signs which has
3028not been recovered through a previously agreed upon waiver of
3029fees. The contract also may allow the contractor to retain a
3030portion of the annual fees as compensation for its services.
3031     (5)  Permit fees for businesses that participate in the
3032logo program must be established in an amount not less than that
3033sufficient to offset the total cost to the department for the
3034program, including contract costs. The department shall provide
3035the services in the most efficient and cost-effective manner
3036through department staff or by contracting for some or all of
3037the services. Such annual permit fee shall not exceed $1,250.
3038Annual permit fees shall be set by department rule based upon
3039factors such as population, traffic volume, market demand, and
3040costs. The annual permit fees shall be phased in by rule over a
30414-year period of time.
3042     Section 49.  Business partnerships; display of names.--
3043     (1)  School districts are encouraged to partner with local
3044businesses for the purposes of mentorship opportunities,
3045development of employment options and additional funding
3046sources, and other mutual benefits.
3047     (2)  As a pilot program through June 30, 2011, the Palm
3048Beach County School District may publicly display the names and
3049recognitions of their business partners on school district
3050property in unincorporated areas. Examples of appropriate
3051business partner recognition include "Project Graduation" and
3052athletic sponsorships. The district shall make every effort to
3053display business partner names in a manner that is consistent
3054with the county standards for uniformity in size, color, and
3055placement of the signs. Whenever the provisions of this section
3056are inconsistent with the provisions of the county ordinances or
3057regulations relating to signs or the provisions of chapter 125,
3058chapter 166, or chapter 479, Florida Statutes, in the
3059unincorporated areas, the provisions of this section shall
3060prevail.
3061     Section 50.  Paragraph (d) of subsection (10) of section
3062768.28, Florida Statutes, is amended to read:
3063     768.28  Waiver of sovereign immunity in tort actions;
3064recovery limits; limitation on attorney fees; statute of
3065limitations; exclusions; indemnification; risk management
3066programs.--
3067     (10)
3068     (d)1.  For the purposes of this section, operators,
3069dispatchers, and providers of security for rail services and
3070rail facility maintenance providers in any rail corridor owned
3071by the Department of Transportation the South Florida Rail
3072Corridor, or any of their employees or agents, performing such
3073services under contract with and on behalf of the South Florida
3074Regional Transportation Authority or the Department of
3075Transportation, or a governmental entity that is under contract
3076with the Department of Transportation to perform such services
3077or a governmental entity designated by the Department of
3078Transportation, shall be considered agents of the state while
3079acting within the scope of and pursuant to guidelines
3080established in said contract or by rule. This subsection shall
3081not be construed as designating persons providing contracted
3082operator, dispatcher, security services, rail facility
3083maintenance, or other services as employees or agents of the
3084state for the purposes of the Federal Employers Liability Act,
3085the Federal Railway Labor Act, or chapter 440.
3086     2.  The Department of Transportation shall ensure that
3087operators, dispatchers, and providers of security for rail
3088services and rail facility maintenance providers in any rail
3089corridor owned by the Department of Transportation meet
3090requirements, as applicable to the service provided,
3091demonstrating that, at a minimum, the provider:
3092     a.  Has complete knowledge of railroad specific dispatch
3093operating rules, physical characteristics of the rail line for
3094which the provider is responsible, and overall railroad
3095operations including responsibilities of various departments
3096within the railroad organization.
3097     b.  Has complete knowledge of railroad track maintenance
3098standards and the Federal Railroad Administration Track Safety
3099Standards, 49 C.F.R. part 213, and the Railroad Worker
3100Protection, 49 C.F.R. part 214.
3101     c.  Meets the requirements of 49 C.F.R. s. 213.7,
3102specifying the minimum qualifications and abilities for those
3103persons to supervise the restoration and renewal of railroad
3104track and for those persons to inspect such track for compliance
3105with railroad specific maintenance standards and Federal
3106Railroad Administration track safety standards.
3107     d.  Has complete knowledge of railroad signal maintenance
3108standards and Federal Railroad Administration Grade Crossing
3109Signal System Safety Standards, 49 C.F.R. part 234, and the
3110Railroad Worker Protection, 49 C.F.R. part 214.
3111     e.  Has the ability to read and understand highly complex
3112wiring diagrams and technical instruction manuals relating to
3113railroad signals.
3114     f.  Understands rail corridor operating and safety rules.
3115     g.  Has the ability to develop and comply with Federal
3116Transit Administration Management plans.
3117     h.  Has the ability to develop and comply with Federal
3118Railroad Administration Safety and Security Program plans.
3119     Section 51.  The Department of Transportation, in
3120consultation with the Department of Law Enforcement, the
3121Division of Emergency Management of the Department of Community
3122Affairs, and the Office of Tourism, Trade, and Economic
3123Development, and regional planning councils within whose
3124jurisdictional area the I-95 corridor lies, shall complete a
3125study of transportation alternatives for the travel corridor
3126parallel to Interstate 95 which takes into account the
3127transportation, emergency management, homeland security, and
3128economic development needs of the state. The report must include
3129identification of cost effective measures that may be
3130implemented to alleviate congestion on Interstate 95, facilitate
3131emergency and security responses, and foster economic
3132development. The Department of Transportation shall send the
3133report to the Governor, the President of the Senate, the Speaker
3134of the House of Representatives, and each affected metropolitan
3135planning organization by June 30, 2009.
3136     Section 52.  (1)  The Office of Motor Carrier Compliance of
3137the Department of Transportation is hereby transferred by a type
3138two transfer, as defined in s. 20.06(2), Florida Statutes, to
3139the Division of the Florida Highway Patrol of the Department of
3140Highway Safety and Motor Vehicles. The Department of Highway
3141Safety and Motor Vehicles shall be reimbursed by the Department
3142of Transportation for such expenses incurred to provide motor
3143carrier compliance functions within the division of the Florida
3144Highway Patrol. This amount shall be determined annually by the
3145Department of Highway Safety and Motor Vehicles based upon the
3146appropriation provided for these functions, less any federal
3147grant funds, in the General Appropriations Act.
3148     (2)  The Legislature recognizes that there is a need to
3149conform the Florida Statutes to the organizational changes in
3150this section and that there may be a need to resolve apparent
3151conflicts with any other legislation that has been or may be
3152enacted during the 2008 Regular Session. Therefore, in the
3153interim between this act becoming a law and the 2009 Regular
3154Session of the Legislature or an earlier special session
3155addressing this issue, the Division of Statutory Revision shall
3156provide the relevant substantive committees of the Senate and
3157the House of Representatives with assistance, upon request, to
3158enable such committees to prepare draft legislation to conform
3159the Florida Statutes and any legislation enacted during 2008 to
3160the provisions of this section.
3161     Section 53.  The Office of Program Policy Analysis and
3162Government Accountability shall review the operations and
3163efficiencies of the Miami-Dade Expressway Authority and submit a
3164report on its findings to the President of the Senate, the
3165Speaker of the House of Representatives, and the majority and
3166minority leaders of the Senate and the House of Representatives.
3167     Section 54.  For the purpose of incorporating the amendment
3168made by this act to section 316.193, Florida Statutes, in a
3169reference thereto, paragraph (a) of subsection (3) of section
3170316.066, Florida Statutes, is reenacted to read:
3171     316.066  Written reports of crashes.--
3172     (3)(a)  Every law enforcement officer who in the regular
3173course of duty investigates a motor vehicle crash:
3174     1.  Which crash resulted in death or personal injury shall,
3175within 10 days after completing the investigation, forward a
3176written report of the crash to the department or traffic records
3177center.
3178     2.  Which crash involved a violation of s. 316.061(1) or s.
3179316.193 shall, within 10 days after completing the
3180investigation, forward a written report of the crash to the
3181department or traffic records center.
3182     3.  In which crash a vehicle was rendered inoperative to a
3183degree which required a wrecker to remove it from traffic may,
3184within 10 days after completing the investigation, forward a
3185written report of the crash to the department or traffic records
3186center if such action is appropriate, in the officer's
3187discretion.
3188     Section 55.  For the purpose of incorporating the amendment
3189made by this act to section 316.193, Florida Statutes, in a
3190reference thereto, paragraph (b) of subsection (4) of section
3191316.072, Florida Statutes, is reenacted to read:
3192     316.072  Obedience to and effect of traffic laws.--
3193     (4)  PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;
3194EXCEPTIONS.--
3195     (b)  Unless specifically made applicable, the provisions of
3196this chapter, except those contained in ss. 316.192, 316.1925,
3197and 316.193, shall not apply to persons, teams, or motor
3198vehicles and other equipment while actually engaged in work upon
3199the surface of a highway, but shall apply to such persons and
3200vehicles when traveling to or from such work.
3201     Section 56.  For the purpose of incorporating the amendment
3202made by this act to section 316.193, Florida Statutes, in a
3203reference thereto, subsection (3) of section 316.1932, Florida
3204Statutes, is reenacted to read:
3205     316.1932  Tests for alcohol, chemical substances, or
3206controlled substances; implied consent; refusal.--
3207     (3)  Notwithstanding any provision of law pertaining to the
3208confidentiality of hospital records or other medical records,
3209information relating to the alcoholic content of the blood or
3210breath or the presence of chemical substances or controlled
3211substances in the blood obtained pursuant to this section shall
3212be released to a court, prosecuting attorney, defense attorney,
3213or law enforcement officer in connection with an alleged
3214violation of s. 316.193 upon request for such information.
3215     Section 57.  For the purpose of incorporating the amendment
3216made by this act to section 316.193, Florida Statutes, in a
3217reference thereto, subsection (4) of section 316.1933, Florida
3218Statutes, is reenacted to read:
3219     316.1933  Blood test for impairment or intoxication in
3220cases of death or serious bodily injury; right to use reasonable
3221force.--
3222     (4)  Notwithstanding any provision of law pertaining to the
3223confidentiality of hospital records or other medical records,
3224information relating to the alcoholic content of the blood or
3225the presence of chemical substances or controlled substances in
3226the blood obtained pursuant to this section shall be released to
3227a court, prosecuting attorney, defense attorney, or law
3228enforcement officer in connection with an alleged violation of
3229s. 316.193 upon request for such information.
3230     Section 58.  For the purpose of incorporating the amendment
3231made by this act to section 316.193, Florida Statutes, in
3232references thereto, subsection (1) and paragraph (d) of
3233subsection (2) of section 316.1937, Florida Statutes, are
3234reenacted to read:
3235     316.1937  Ignition interlock devices, requiring; unlawful
3236acts.--
3237     (1)  In addition to any other authorized penalties, the
3238court may require that any person who is convicted of driving
3239under the influence in violation of s. 316.193 shall not operate
3240a motor vehicle unless that vehicle is equipped with a
3241functioning ignition interlock device certified by the
3242department as provided in s. 316.1938, and installed in such a
3243manner that the vehicle will not start if the operator's blood
3244alcohol level is in excess of 0.05 percent or as otherwise
3245specified by the court. The court may require the use of an
3246approved ignition interlock device for a period of not less than
32476 months, if the person is permitted to operate a motor vehicle,
3248whether or not the privilege to operate a motor vehicle is
3249restricted, as determined by the court. The court, however,
3250shall order placement of an ignition interlock device in those
3251circumstances required by s. 316.193.
3252     (2)  If the court imposes the use of an ignition interlock
3253device, the court shall:
3254     (d)  Determine the person's ability to pay for installation
3255of the device if the person claims inability to pay. If the
3256court determines that the person is unable to pay for
3257installation of the device, the court may order that any portion
3258of a fine paid by the person for a violation of s. 316.193 shall
3259be allocated to defray the costs of installing the device.
3260     Section 59.  For the purpose of incorporating the amendment
3261made by this act to section 316.193, Florida Statutes, in a
3262reference thereto, paragraph (b) of subsection (1) of section
3263316.1939, Florida Statutes, is reenacted to read:
3264     316.1939  Refusal to submit to testing; penalties.--
3265     (1)  Any person who has refused to submit to a chemical or
3266physical test of his or her breath, blood, or urine, as
3267described in s. 316.1932, and whose driving privilege was
3268previously suspended for a prior refusal to submit to a lawful
3269test of his or her breath, urine, or blood, and:
3270     (b)  Who was placed under lawful arrest for a violation of
3271s. 316.193 unless such test was requested pursuant to s.
3272316.1932(1)(c);
3273
3274commits a misdemeanor of the first degree and is subject to
3275punishment as provided in s. 775.082 or s. 775.083.
3276     Section 60.  For the purpose of incorporating the amendment
3277made by this act to section 316.193, Florida Statutes, in a
3278reference thereto, subsection (1) of section 316.656, Florida
3279Statutes, is reenacted to read:
3280     316.656  Mandatory adjudication; prohibition against
3281accepting plea to lesser included offense.--
3282     (1)  Notwithstanding the provisions of s. 948.01, no court
3283may suspend, defer, or withhold adjudication of guilt or
3284imposition of sentence for any violation of s. 316.193, for
3285manslaughter resulting from the operation of a motor vehicle, or
3286for vehicular homicide.
3287     Section 61.  For the purpose of incorporating the amendment
3288made by this act to section 316.193, Florida Statutes, in
3289references thereto, subsections (4) and (5) of section 318.143,
3290Florida Statutes, are reenacted to read:
3291     318.143  Sanctions for infractions by minors.--
3292     (4)  For the first conviction for a violation of s.
3293316.193, the court may order the Department of Highway Safety
3294and Motor Vehicles to revoke the minor's driver's license until
3295the minor is 18 years of age. For a second or subsequent
3296conviction for such a violation, the court may order the
3297Department of Highway Safety and Motor Vehicles to revoke the
3298minor's driver's license until the minor is 21 years of age.
3299     (5)  A minor who is arrested for a violation of s. 316.193
3300may be released from custody as soon as:
3301     (a)  The minor is no longer under the influence of
3302alcoholic beverages, of any chemical substance set forth in s.
3303877.111, or of any substance controlled under chapter 893, and
3304is not affected to the extent that his or her normal faculties
3305are impaired;
3306     (b)  The minor's blood-alcohol level is less than 0.05
3307percent; or
3308     (c)  Six hours have elapsed after the minor's arrest.
3309     Section 62.  For the purpose of incorporating the amendment
3310made by this act to section 316.193, Florida Statutes, in a
3311reference thereto, subsection (3) of section 318.17, Florida
3312Statutes, is reenacted to read:
3313     318.17  Offenses excepted.--No provision of this chapter is
3314available to a person who is charged with any of the following
3315offenses:
3316     (3)  Driving, or being in actual physical control of, any
3317vehicle while under the influence of alcoholic beverages, any
3318chemical substance set forth in s. 877.111, or any substance
3319controlled under chapter 893, in violation of s. 316.193, or
3320driving with an unlawful blood-alcohol level;
3321     Section 63.  For the purpose of incorporating the amendment
3322made by this act to section 316.193, Florida Statutes, in a
3323reference thereto, paragraph (c) of subsection (1) of section
3324320.055, Florida Statutes, is reenacted to read:
3325     320.055  Registration periods; renewal periods.--The
3326following registration periods and renewal periods are
3327established:
3328     (1)
3329     (c)  Notwithstanding the requirements of paragraph (a), the
3330owner of a motor vehicle subject to paragraph (a) who has had
3331his or her driver's license suspended pursuant to a violation of
3332s. 316.193 or pursuant to s. 322.26(2) for driving under the
3333influence must obtain a 6-month registration as a condition of
3334reinstating the license, subject to renewal during the 3-year
3335period that financial responsibility requirements apply. The
3336registration period begins the first day of the birth month of
3337the owner and ends the last day of the fifth month immediately
3338following the owner's birth month. For such vehicles, the
3339department shall issue a vehicle registration certificate that
3340is valid for 6 months and shall issue a validation sticker that
3341displays an expiration date of 6 months after the date of
3342issuance. The license tax required by s. 320.08 and all other
3343applicable license taxes shall be one-half of the amount
3344otherwise required, except the service charge required by s.
3345320.04 shall be paid in full for each 6-month registration. A
3346vehicle required to be registered under this paragraph is not
3347eligible for the extended registration period under paragraph
3348(b).
3349     Section 64.  For the purpose of incorporating the amendment
3350made by this act to section 316.193, Florida Statutes, in a
3351reference thereto, subsection (2) of section 322.03, Florida
3352Statutes, is reenacted to read:
3353     322.03  Drivers must be licensed; penalties.--
3354     (2)  Prior to issuing a driver's license, the department
3355shall require any person who has been convicted two or more
3356times of a violation of s. 316.193 or of a substantially similar
3357alcohol-related or drug-related offense outside this state
3358within the preceding 5 years, or who has been convicted of three
3359or more such offenses within the preceding 10 years, to present
3360proof of successful completion of or enrollment in a department-
3361approved substance abuse education course. If the person fails
3362to complete such education course within 90 days after issuance,
3363the department shall cancel the license. Further, prior to
3364issuing the driver's license the department shall require such
3365person to present proof of financial responsibility as provided
3366in s. 324.031. For the purposes of this paragraph, a previous
3367conviction for violation of former s. 316.028, former s.
3368316.1931, or former s. 860.01 shall be considered a previous
3369conviction for violation of s. 316.193.
3370     Section 65.  For the purpose of incorporating the amendment
3371made by this act to section 316.193, Florida Statutes, in a
3372reference thereto, paragraph (a) of subsection (2) of section
3373322.0602, Florida Statutes, is reenacted to read:
3374     322.0602  Youthful Drunk Driver Visitation Program.--
3375     (2)  COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE FOR
3376PARTICIPATION.--
3377     (a)  If a person is convicted of a violation of s. 316.193,
3378the court may order, as a term and condition of probation in
3379addition to any other term or condition required or authorized
3380by law, that the probationer participate in the Youthful Drunk
3381Driver Visitation Program.
3382     Section 66.  For the purpose of incorporating the amendment
3383made by this act to section 316.193, Florida Statutes, in a
3384reference thereto, subsection (8) of section 322.21, Florida
3385Statutes, is reenacted to read:
3386     322.21  License fees; procedure for handling and collecting
3387fees.--
3388     (8)  Any person who applies for reinstatement following the
3389suspension or revocation of the person's driver's license shall
3390pay a service fee of $35 following a suspension, and $60
3391following a revocation, which is in addition to the fee for a
3392license. Any person who applies for reinstatement of a
3393commercial driver's license following the disqualification of
3394the person's privilege to operate a commercial motor vehicle
3395shall pay a service fee of $60, which is in addition to the fee
3396for a license. The department shall collect all of these fees at
3397the time of reinstatement. The department shall issue proper
3398receipts for such fees and shall promptly transmit all funds
3399received by it as follows:
3400     (a)  Of the $35 fee received from a licensee for
3401reinstatement following a suspension, the department shall
3402deposit $15 in the General Revenue Fund and $20 in the Highway
3403Safety Operating Trust Fund.
3404     (b)  Of the $60 fee received from a licensee for
3405reinstatement following a revocation or disqualification, the
3406department shall deposit $35 in the General Revenue Fund and $25
3407in the Highway Safety Operating Trust Fund.
3408
3409If the revocation or suspension of the driver's license was for
3410a violation of s. 316.193, or for refusal to submit to a lawful
3411breath, blood, or urine test, an additional fee of $115 must be
3412charged. However, only one $115 fee may be collected from one
3413person convicted of violations arising out of the same incident.
3414The department shall collect the $115 fee and deposit the fee
3415into the Highway Safety Operating Trust Fund at the time of
3416reinstatement of the person's driver's license, but the fee may
3417not be collected if the suspension or revocation is overturned.
3418If the revocation or suspension of the driver's license was for
3419a conviction for a violation of s. 817.234(8) or (9) or s.
3420817.505, an additional fee of $180 is imposed for each offense.
3421The department shall collect and deposit the additional fee into
3422the Highway Safety Operating Trust Fund at the time of
3423reinstatement of the person's driver's license.
3424     Section 67.  For the purpose of incorporating the amendment
3425made by this act to section 316.193, Florida Statutes, in a
3426reference thereto, subsection (5) of section 322.25, Florida
3427Statutes, is reenacted to read:
3428     322.25  When court to forward license to department and
3429report convictions; temporary reinstatement of driving
3430privileges.--
3431     (5)  For the purpose of this chapter, the entrance of a
3432plea of nolo contendere by the defendant to a charge of driving
3433while intoxicated, driving under the influence, driving with an
3434unlawful blood-alcohol level, or any other alcohol-related or
3435drug-related traffic offense similar to the offenses specified
3436in s. 316.193, accepted by the court and under which plea the
3437court has entered a fine or sentence, whether in this state or
3438any other state or country, shall be equivalent to a conviction.
3439     Section 68.  For the purpose of incorporating the amendment
3440made by this act to section 316.193, Florida Statutes, in a
3441reference thereto, paragraph (a) of subsection (1) of section
3442322.26, Florida Statutes, is reenacted to read:
3443     322.26  Mandatory revocation of license by department.--The
3444department shall forthwith revoke the license or driving
3445privilege of any person upon receiving a record of such person's
3446conviction of any of the following offenses:
3447     (1)(a)  Murder resulting from the operation of a motor
3448vehicle, DUI manslaughter where the conviction represents a
3449subsequent DUI-related conviction, or a fourth violation of s.
3450316.193 or former s. 316.1931. For such cases, the revocation of
3451the driver's license or driving privilege shall be permanent.
3452     Section 69.  For the purpose of incorporating the amendment
3453made by this act to section 316.193, Florida Statutes, in
3454references thereto, paragraph (a) of subsection (14) and
3455subsection (16) of section 322.2615, Florida Statutes, are
3456reenacted to read:
3457     322.2615  Suspension of license; right to review.--
3458     (14)(a)  The decision of the department under this section
3459or any circuit court review thereof may not be considered in any
3460trial for a violation of s. 316.193, and a written statement
3461submitted by a person in his or her request for departmental
3462review under this section may not be admitted into evidence
3463against him or her in any such trial.
3464     (16)  The department shall invalidate a suspension for
3465driving with an unlawful blood-alcohol level or breath-alcohol
3466level imposed under this section if the suspended person is
3467found not guilty at trial of an underlying violation of s.
3468316.193.
3469     Section 70.  For the purpose of incorporating the amendment
3470made by this act to section 316.193, Florida Statutes, in
3471references thereto, subsections (15) and (19) of section
3472322.2616, Florida Statutes, are reenacted to read:
3473     322.2616  Suspension of license; persons under 21 years of
3474age; right to review.--
3475     (15)  The decision of the department under this section
3476shall not be considered in any trial for a violation of s.
3477316.193, nor shall any written statement submitted by a person
3478in his or her request for departmental review under this section
3479be admissible into evidence against him or her in any such
3480trial. The disposition of any related criminal proceedings shall
3481not affect a suspension imposed under this section.
3482     (19)  A violation of this section is neither a traffic
3483infraction nor a criminal offense, nor does being detained
3484pursuant to this section constitute an arrest. A violation of
3485this section is subject to the administrative action provisions
3486of this section, which are administered by the department
3487through its administrative processes. Administrative actions
3488taken pursuant to this section shall be recorded in the motor
3489vehicle records maintained by the department. This section does
3490not bar prosecution under s. 316.193. However, if the department
3491suspends a person's license under s. 322.2615 for a violation of
3492s. 316.193, it may not also suspend the person's license under
3493this section for the same episode that was the basis for the
3494suspension under s. 322.2615.
3495     Section 71.  For the purpose of incorporating the amendment
3496made by this act to section 316.193, Florida Statutes, in a
3497reference thereto, paragraph (b) of subsection (1) of section
3498322.264, Florida Statutes, is reenacted to read:
3499     322.264  "Habitual traffic offender" defined.--A "habitual
3500traffic offender" is any person whose record, as maintained by
3501the Department of Highway Safety and Motor Vehicles, shows that
3502such person has accumulated the specified number of convictions
3503for offenses described in subsection (1) or subsection (2)
3504within a 5-year period:
3505     (1)  Three or more convictions of any one or more of the
3506following offenses arising out of separate acts:
3507     (b)  Any violation of s. 316.193, former s. 316.1931, or
3508former s. 860.01;
3509
3510Any violation of any federal law, any law of another state or
3511country, or any valid ordinance of a municipality or county of
3512another state similar to a statutory prohibition specified in
3513subsection (1) or subsection (2) shall be counted as a violation
3514of such prohibition. In computing the number of convictions, all
3515convictions during the 5 years previous to July 1, 1972, will be
3516used, provided at least one conviction occurs after that date.
3517The fact that previous convictions may have resulted in
3518suspension, revocation, or disqualification under another
3519section does not exempt them from being used for suspension or
3520revocation under this section as a habitual offender.
3521     Section 72.  For the purpose of incorporating the amendment
3522made by this act to section 316.193, Florida Statutes, in
3523references thereto, paragraphs (a) and (c) of subsection (2) and
3524subsection (4) of section 322.271, Florida Statutes, are
3525reenacted to read:
3526     322.271  Authority to modify revocation, cancellation, or
3527suspension order.--
3528     (2)(a)  Upon such hearing, the person whose license has
3529been suspended, canceled, or revoked may show that such
3530suspension, cancellation, or revocation of his or her license
3531causes a serious hardship and precludes the person's carrying
3532out his or her normal business occupation, trade, or employment
3533and that the use of the person's license in the normal course of
3534his or her business is necessary to the proper support of the
3535person or his or her family. Except as otherwise provided in
3536this subsection, the department shall require proof of the
3537successful completion of the applicable department-approved
3538driver training course operating pursuant to s. 318.1451 or DUI
3539program substance abuse education course and evaluation as
3540provided in s. 316.193(5). Letters of recommendation from
3541respected business persons in the community, law enforcement
3542officers, or judicial officers may also be required to determine
3543whether such person should be permitted to operate a motor
3544vehicle on a restricted basis for business or employment use
3545only and in determining whether such person can be trusted to so
3546operate a motor vehicle. If a driver's license has been
3547suspended under the point system or pursuant to s. 322.2615, the
3548department shall require proof of enrollment in the applicable
3549department-approved driver training course or licensed DUI
3550program substance abuse education course, including evaluation
3551and treatment, if referred, and may require letters of
3552recommendation described in this subsection to determine if the
3553driver should be reinstated on a restricted basis. If such
3554person fails to complete the approved course within 90 days
3555after reinstatement or subsequently fails to complete treatment,
3556if applicable, the department shall cancel his or her driver's
3557license until the course and treatment, if applicable, is
3558successfully completed, notwithstanding the terms of the court
3559order or any suspension or revocation of the driving privilege.
3560The department may temporarily reinstate the driving privilege
3561on a restricted basis upon verification from the DUI program
3562that the offender has reentered and is currently participating
3563in treatment and has completed the DUI education course and
3564evaluation requirement. If the DUI program notifies the
3565department of the second failure to complete treatment, the
3566department shall reinstate the driving privilege only after
3567notice of completion of treatment from the DUI program. The
3568privilege of driving on a limited or restricted basis for
3569business or employment use shall not be granted to a person who
3570has been convicted of a violation of s. 316.193 until completion
3571of the DUI program substance abuse education course and
3572evaluations as provided in s. 316.193(5). Except as provided in
3573paragraph (b), the privilege of driving on a limited or
3574restricted basis for business or employment use shall not be
3575granted to a person whose license is revoked pursuant to s.
3576322.28 or suspended pursuant to s. 322.2615 and who has been
3577convicted of a violation of s. 316.193 two or more times or
3578whose license has been suspended two or more times for refusal
3579to submit to a test pursuant to s. 322.2615 or former s.
3580322.261.
3581     (c)  For the purpose of this section, a previous conviction
3582of driving under the influence, driving while intoxicated,
3583driving with an unlawful blood-alcohol level, or any other
3584similar alcohol-related or drug-related offense outside this
3585state or a previous conviction of former s. 316.1931, former s.
3586316.028, or former s. 860.01 shall be considered a previous
3587conviction for violation of s. 316.193.
3588     (4)  Notwithstanding the provisions of s. 322.28(2)(e), a
3589person whose driving privilege has been permanently revoked
3590because he or she has been convicted of DUI manslaughter in
3591violation of s. 316.193 and has no prior convictions for DUI-
3592related offenses may, upon the expiration of 5 years after the
3593date of such revocation or the expiration of 5 years after the
3594termination of any term of incarceration under s. 316.193 or
3595former s. 316.1931, whichever date is later, petition the
3596department for reinstatement of his or her driving privilege.
3597     (a)  Within 30 days after the receipt of such a petition,
3598the department shall afford the petitioner an opportunity for a
3599hearing. At the hearing, the petitioner must demonstrate to the
3600department that he or she:
3601     1.  Has not been arrested for a drug-related offense during
3602the 5 years preceding the filing of the petition;
3603     2.  Has not driven a motor vehicle without a license for at
3604least 5 years prior to the hearing;
3605     3.  Has been drug-free for at least 5 years prior to the
3606hearing; and
3607     4.  Has completed a DUI program licensed by the department.
3608     (b)  At such hearing, the department shall determine the
3609petitioner's qualification, fitness, and need to drive. Upon
3610such determination, the department may, in its discretion,
3611reinstate the driver's license of the petitioner. Such
3612reinstatement must be made subject to the following
3613qualifications:
3614     1.  The license must be restricted for employment purposes
3615for not less than 1 year; and
3616     2.  Such person must be supervised by a DUI program
3617licensed by the department and report to the program for such
3618supervision and education at least four times a year or
3619additionally as required by the program for the remainder of the
3620revocation period. Such supervision shall include evaluation,
3621education, referral into treatment, and other activities
3622required by the department.
3623     (c)  Such person must assume the reasonable costs of
3624supervision. If such person fails to comply with the required
3625supervision, the program shall report the failure to the
3626department, and the department shall cancel such person's
3627driving privilege.
3628     (d)  If, after reinstatement, such person is convicted of
3629an offense for which mandatory revocation of his or her license
3630is required, the department shall revoke his or her driving
3631privilege.
3632     (e)  The department shall adopt rules regulating the
3633providing of services by DUI programs pursuant to this section.
3634     Section 73.  For the purpose of incorporating the amendment
3635made by this act to section 316.193, Florida Statutes, in
3636references thereto, subsection (2), paragraphs (a) and (c) of
3637subsection (3), and subsection (4) of section 322.2715, Florida
3638Statutes, are reenacted to read:
3639     322.2715  Ignition interlock device.--
3640     (2)  For purposes of this section, any conviction for a
3641violation of s. 316.193, a previous conviction for a violation
3642of former s. 316.1931, or a conviction outside this state for
3643driving under the influence, driving while intoxicated, driving
3644with an unlawful blood-alcohol level, or any other similar
3645alcohol-related or drug-related traffic offense is a conviction
3646of driving under the influence.
3647     (3)  If the person is convicted of:
3648     (a)  A first offense of driving under the influence under
3649s. 316.193 and has an unlawful blood-alcohol level or breath-
3650alcohol level as specified in s. 316.193(4), or if a person is
3651convicted of a violation of s. 316.193 and was at the time of
3652the offense accompanied in the vehicle by a person younger than
365318 years of age, the person shall have the ignition interlock
3654device installed for 6 months for the first offense and for at
3655least 2 years for a second offense.
3656     (c)  A third offense of driving under the influence which
3657occurs within 10 years after a prior conviction for a violation
3658of s. 316.193, the ignition interlock device shall be installed
3659for a period of not less than 2 years.
3660     (4)  If the court fails to order the mandatory placement of
3661the ignition interlock device or fails to order for the
3662applicable period the mandatory placement of an ignition
3663interlock device under s. 316.193 or s. 316.1937 at the time of
3664imposing sentence or within 30 days thereafter, the department
3665shall immediately require that the ignition interlock device be
3666installed as provided in this section, except that consideration
3667may be given to those individuals having a documented medical
3668condition that would prohibit the device from functioning
3669normally. This subsection applies to the reinstatement of the
3670driving privilege following a revocation, suspension, or
3671cancellation that is based upon a conviction for the offense of
3672driving under the influence which occurs on or after July 1,
36732005.
3674     Section 74.  For the purpose of incorporating the amendment
3675made by this act to section 316.193, Florida Statutes, in a
3676reference thereto, subsection (2) of section 322.28, Florida
3677Statutes, is reenacted to read:
3678     322.28  Period of suspension or revocation.--
3679     (2)  In a prosecution for a violation of s. 316.193 or
3680former s. 316.1931, the following provisions apply:
3681     (a)  Upon conviction of the driver, the court, along with
3682imposing sentence, shall revoke the driver's license or driving
3683privilege of the person so convicted, effective on the date of
3684conviction, and shall prescribe the period of such revocation in
3685accordance with the following provisions:
3686     1.  Upon a first conviction for a violation of the
3687provisions of s. 316.193, except a violation resulting in death,
3688the driver's license or driving privilege shall be revoked for
3689not less than 180 days or more than 1 year.
3690     2.  Upon a second conviction for an offense that occurs
3691within a period of 5 years after the date of a prior conviction
3692for a violation of the provisions of s. 316.193 or former s.
3693316.1931 or a combination of such sections, the driver's license
3694or driving privilege shall be revoked for not less than 5 years.
3695     3.  Upon a third conviction for an offense that occurs
3696within a period of 10 years after the date of a prior conviction
3697for the violation of the provisions of s. 316.193 or former s.
3698316.1931 or a combination of such sections, the driver's license
3699or driving privilege shall be revoked for not less than 10
3700years.
3701
3702For the purposes of this paragraph, a previous conviction
3703outside this state for driving under the influence, driving
3704while intoxicated, driving with an unlawful blood-alcohol level,
3705or any other alcohol-related or drug-related traffic offense
3706similar to the offense of driving under the influence as
3707proscribed by s. 316.193 will be considered a previous
3708conviction for violation of s. 316.193, and a conviction for
3709violation of former s. 316.028, former s. 316.1931, or former s.
3710860.01 is considered a conviction for violation of s. 316.193.
3711     (b)  If the period of revocation was not specified by the
3712court at the time of imposing sentence or within 30 days
3713thereafter, and is not otherwise specified by law, the
3714department shall forthwith revoke the driver's license or
3715driving privilege for the maximum period applicable under
3716paragraph (a) for a first conviction and for the minimum period
3717applicable under paragraph (a) for any subsequent convictions.
3718The driver may, within 30 days after such revocation by the
3719department, petition the court for further hearing on the period
3720of revocation, and the court may reopen the case and determine
3721the period of revocation within the limits specified in
3722paragraph (a).
3723     (c)  The forfeiture of bail bond, not vacated within 20
3724days, in any prosecution for the offense of driving while under
3725the influence of alcoholic beverages, chemical substances, or
3726controlled substances to the extent of depriving the defendant
3727of his or her normal faculties shall be deemed equivalent to a
3728conviction for the purposes of this paragraph, and the
3729department shall forthwith revoke the defendant's driver's
3730license or driving privilege for the maximum period applicable
3731under paragraph (a) for a first conviction and for the minimum
3732period applicable under paragraph (a) for a second or subsequent
3733conviction; however, if the defendant is later convicted of the
3734charge, the period of revocation imposed by the department for
3735such conviction shall not exceed the difference between the
3736applicable maximum for a first conviction or minimum for a
3737second or subsequent conviction and the revocation period under
3738this subsection that has actually elapsed; upon conviction of
3739such charge, the court may impose revocation for a period of
3740time as specified in paragraph (a). This paragraph does not
3741apply if an appropriate motion contesting the forfeiture is
3742filed within the 20-day period.
3743     (d)  When any driver's license or driving privilege has
3744been revoked pursuant to the provisions of this section, the
3745department shall not grant a new license, except upon
3746reexamination of the licensee after the expiration of the period
3747of revocation so prescribed. However, the court may, in its
3748sound discretion, issue an order of reinstatement on a form
3749furnished by the department which the person may take to any
3750driver's license examining office for reinstatement by the
3751department pursuant to s. 322.282.
3752     (e)  The court shall permanently revoke the driver's
3753license or driving privilege of a person who has been convicted
3754four times for violation of s. 316.193 or former s. 316.1931 or
3755a combination of such sections. The court shall permanently
3756revoke the driver's license or driving privilege of any person
3757who has been convicted of DUI manslaughter in violation of s.
3758316.193. If the court has not permanently revoked such driver's
3759license or driving privilege within 30 days after imposing
3760sentence, the department shall permanently revoke the driver's
3761license or driving privilege pursuant to this paragraph. No
3762driver's license or driving privilege may be issued or granted
3763to any such person. This paragraph applies only if at least one
3764of the convictions for violation of s. 316.193 or former s.
3765316.1931 was for a violation that occurred after July 1, 1982.
3766For the purposes of this paragraph, a conviction for violation
3767of former s. 316.028, former s. 316.1931, or former s. 860.01 is
3768also considered a conviction for violation of s. 316.193. Also,
3769a conviction of driving under the influence, driving while
3770intoxicated, driving with an unlawful blood-alcohol level, or
3771any other similar alcohol-related or drug-related traffic
3772offense outside this state is considered a conviction for the
3773purposes of this paragraph.
3774     Section 75.  For the purpose of incorporating the amendment
3775made by this act to section 316.193, Florida Statutes, in
3776references thereto, paragraph (a) of subsection (2) of section
3777322.282, Florida Statutes, is reenacted to read:
3778     322.282  Procedure when court revokes or suspends license
3779or driving privilege and orders reinstatement.--When a court
3780suspends or revokes a person's license or driving privilege and,
3781in its discretion, orders reinstatement as provided by s.
3782322.28(2)(d) or former s. 322.261(5):
3783     (2)(a)  The court shall issue an order of reinstatement, on
3784a form to be furnished by the department, which the person may
3785take to any driver's license examining office. The department
3786shall issue a temporary driver's permit to a licensee who
3787presents the court's order of reinstatement, proof of completion
3788of a department-approved driver training or substance abuse
3789education course, and a written request for a hearing under s.
3790322.271. The permit shall not be issued if a record check by the
3791department shows that the person has previously been convicted
3792for a violation of s. 316.193, former s. 316.1931, former s.
3793316.028, former s. 860.01, or a previous conviction outside this
3794state for driving under the influence, driving while
3795intoxicated, driving with an unlawful blood-alcohol level, or
3796any similar alcohol-related or drug-related traffic offense;
3797that the person's driving privilege has been previously
3798suspended for refusal to submit to a lawful test of breath,
3799blood, or urine; or that the person is otherwise not entitled to
3800issuance of a driver's license. This paragraph shall not be
3801construed to prevent the reinstatement of a license or driving
3802privilege that is presently suspended for driving with an
3803unlawful blood-alcohol level or a refusal to submit to a breath,
3804urine, or blood test and is also revoked for a conviction for a
3805violation of s. 316.193 or former s. 316.1931, if the suspension
3806and revocation arise out of the same incident.
3807     Section 76.  For the purpose of incorporating the amendment
3808made by this act to section 316.193, Florida Statutes, in a
3809reference thereto, paragraph (a) of subsection (1) of section
3810322.291, Florida Statutes, is reenacted to read:
3811     322.291  Driver improvement schools or DUI programs;
3812required in certain suspension and revocation cases.--Except as
3813provided in s. 322.03(2), any person:
3814     (1)  Whose driving privilege has been revoked:
3815     (a)  Upon conviction for:
3816     1.  Driving, or being in actual physical control of, any
3817vehicle while under the influence of alcoholic beverages, any
3818chemical substance set forth in s. 877.111, or any substance
3819controlled under chapter 893, in violation of s. 316.193;
3820     2.  Driving with an unlawful blood- or breath-alcohol
3821level;
3822     3.  Manslaughter resulting from the operation of a motor
3823vehicle;
3824     4.  Failure to stop and render aid as required under the
3825laws of this state in the event of a motor vehicle crash
3826resulting in the death or personal injury of another;
3827     5.  Reckless driving; or
3828
3829shall, before the driving privilege may be reinstated, present
3830to the department proof of enrollment in a department-approved
3831advanced driver improvement course operating pursuant to s.
3832318.1451 or a substance abuse education course conducted by a
3833DUI program licensed pursuant to s. 322.292, which shall include
3834a psychosocial evaluation and treatment, if referred. If the
3835person fails to complete such course or evaluation within 90
3836days after reinstatement, or subsequently fails to complete
3837treatment, if referred, the DUI program shall notify the
3838department of the failure. Upon receipt of the notice, the
3839department shall cancel the offender's driving privilege,
3840notwithstanding the expiration of the suspension or revocation
3841of the driving privilege. The department may temporarily
3842reinstate the driving privilege upon verification from the DUI
3843program that the offender has completed the education course and
3844evaluation requirement and has reentered and is currently
3845participating in treatment. If the DUI program notifies the
3846department of the second failure to complete treatment, the
3847department shall reinstate the driving privilege only after
3848notice of completion of treatment from the DUI program.
3849     Section 77.  For the purpose of incorporating the amendment
3850made by this act to section 316.193, Florida Statutes, in a
3851reference thereto, paragraph (a) of subsection (9) of section
3852322.34, Florida Statutes, is reenacted to read:
3853     322.34  Driving while license suspended, revoked, canceled,
3854or disqualified.--
3855     (9)(a)  A motor vehicle that is driven by a person under
3856the influence of alcohol or drugs in violation of s. 316.193 is
3857subject to seizure and forfeiture under ss. 932.701-932.707 and
3858is subject to liens for recovering, towing, or storing vehicles
3859under s. 713.78 if, at the time of the offense, the person's
3860driver's license is suspended, revoked, or canceled as a result
3861of a prior conviction for driving under the influence.
3862     Section 78.  For the purpose of incorporating the amendment
3863made by this act to section 316.193, Florida Statutes, in a
3864reference thereto, subsection (3) of section 322.62, Florida
3865Statutes, is reenacted to read:
3866     322.62  Driving under the influence; commercial motor
3867vehicle operators.--
3868     (3)  This section does not supersede s. 316.193. Nothing in
3869this section prohibits the prosecution of a person who drives a
3870commercial motor vehicle for driving under the influence of
3871alcohol or controlled substances whether or not such person is
3872also prosecuted for a violation of this section.
3873     Section 79.  For the purpose of incorporating the amendment
3874made by this act to section 316.193, Florida Statutes, in
3875references thereto, paragraph (d) of subsection (2) and
3876subsection (6) of section 322.63, Florida Statutes, are
3877reenacted to read:
3878     322.63  Alcohol or drug testing; commercial motor vehicle
3879operators.--
3880     (2)  The chemical and physical tests authorized by this
3881section shall only be required if a law enforcement officer has
3882reasonable cause to believe that a person driving a commercial
3883motor vehicle has any alcohol, chemical substance, or controlled
3884substance in his or her body.
3885     (d)  The administration of one test under paragraph (a),
3886paragraph (b), or paragraph (c) shall not preclude the
3887administration of a different test under paragraph (a),
3888paragraph (b), or paragraph (c). However, a urine test may not
3889be used to determine alcohol concentration and a breath test may
3890not be used to determine the presence of controlled substances
3891or chemical substances in a person's body. Notwithstanding the
3892provisions of this paragraph, in the event a Florida licensee
3893has been convicted in another state for an offense substantially
3894similar to s. 316.193 or to s. 322.62, which conviction was
3895based upon evidence of test results prohibited by this
3896paragraph, that out-of-state conviction shall constitute a
3897conviction for the purposes of this chapter.
3898     (6)  Notwithstanding any provision of law pertaining to the
3899confidentiality of hospital records or other medical records,
3900information relating to the alcohol content of a person's blood
3901or the presence of chemical substances or controlled substances
3902in a person's blood obtained pursuant to this section shall be
3903released to a court, prosecuting attorney, defense attorney, or
3904law enforcement officer in connection with an alleged violation
3905of s. 316.193 or s. 322.62 upon request for such information.
3906     Section 80.  For the purpose of incorporating the amendment
3907made by this act to section 316.193, Florida Statutes, in
3908references thereto, subsections (1) and (2), paragraph (a) of
3909subsection (7), paragraph (b) of subsection (8), and subsections
3910(14) and (15) of section 322.64, Florida Statutes, are reenacted
3911to read:
3912     322.64  Holder of commercial driver's license; driving with
3913unlawful blood-alcohol level; refusal to submit to breath,
3914urine, or blood test.--
3915     (1)(a)  A law enforcement officer or correctional officer
3916shall, on behalf of the department, disqualify from operating
3917any commercial motor vehicle a person who while operating or in
3918actual physical control of a commercial motor vehicle is
3919arrested for a violation of s. 316.193, relating to unlawful
3920blood-alcohol level or breath-alcohol level, or a person who has
3921refused to submit to a breath, urine, or blood test authorized
3922by s. 322.63 arising out of the operation or actual physical
3923control of a commercial motor vehicle. Upon disqualification of
3924the person, the officer shall take the person's driver's license
3925and issue the person a 10-day temporary permit for the operation
3926of noncommercial vehicles only if the person is otherwise
3927eligible for the driving privilege and shall issue the person a
3928notice of disqualification. If the person has been given a
3929blood, breath, or urine test, the results of which are not
3930available to the officer at the time of the arrest, the agency
3931employing the officer shall transmit such results to the
3932department within 5 days after receipt of the results. If the
3933department then determines that the person was arrested for a
3934violation of s. 316.193 and that the person had a blood-alcohol
3935level or breath-alcohol level of 0.08 or higher, the department
3936shall disqualify the person from operating a commercial motor
3937vehicle pursuant to subsection (3).
3938     (b)  The disqualification under paragraph (a) shall be
3939pursuant to, and the notice of disqualification shall inform the
3940driver of, the following:
3941     1.a.  The driver refused to submit to a lawful breath,
3942blood, or urine test and he or she is disqualified from
3943operating a commercial motor vehicle for a period of 1 year, for
3944a first refusal, or permanently, if he or she has previously
3945been disqualified as a result of a refusal to submit to such a
3946test; or
3947     b.  The driver violated s. 316.193 by driving with an
3948unlawful blood-alcohol level and he or she is disqualified from
3949operating a commercial motor vehicle for a period of 6 months
3950for a first offense or for a period of 1 year if he or she has
3951previously been disqualified, or his or her driving privilege
3952has been previously suspended, for a violation of s. 316.193.
3953     2.  The disqualification period for operating commercial
3954vehicles shall commence on the date of arrest or issuance of
3955notice of disqualification, whichever is later.
3956     3.  The driver may request a formal or informal review of
3957the disqualification by the department within 10 days after the
3958date of arrest or issuance of notice of disqualification,
3959whichever is later.
3960     4.  The temporary permit issued at the time of arrest or
3961disqualification will expire at midnight of the 10th day
3962following the date of disqualification.
3963     5.  The driver may submit to the department any materials
3964relevant to the arrest.
3965     (2)  Except as provided in paragraph (1)(a), the law
3966enforcement officer shall forward to the department, within 5
3967days after the date of the arrest or the issuance of the notice
3968of disqualification, whichever is later, a copy of the notice of
3969disqualification, the driver's license of the person arrested,
3970and a report of the arrest, including, if applicable, an
3971affidavit stating the officer's grounds for belief that the
3972person arrested was in violation of s. 316.193; the results of
3973any breath or blood test or an affidavit stating that a breath,
3974blood, or urine test was requested by a law enforcement officer
3975or correctional officer and that the person arrested refused to
3976submit; a copy of the citation issued to the person arrested;
3977and the officer's description of the person's field sobriety
3978test, if any. The failure of the officer to submit materials
3979within the 5-day period specified in this subsection or
3980subsection (1) shall not affect the department's ability to
3981consider any evidence submitted at or prior to the hearing. The
3982officer may also submit a copy of a videotape of the field
3983sobriety test or the attempt to administer such test.
3984     (7)  In a formal review hearing under subsection (6) or an
3985informal review hearing under subsection (4), the hearing
3986officer shall determine by a preponderance of the evidence
3987whether sufficient cause exists to sustain, amend, or invalidate
3988the disqualification. The scope of the review shall be limited
3989to the following issues:
3990     (a)  If the person was disqualified from operating a
3991commercial motor vehicle for driving with an unlawful blood-
3992alcohol level in violation of s. 316.193:
3993     1.  Whether the arresting law enforcement officer had
3994probable cause to believe that the person was driving or in
3995actual physical control of a commercial motor vehicle in this
3996state while he or she had any alcohol, chemical substances, or
3997controlled substances in his or her body.
3998     2.  Whether the person was placed under lawful arrest for a
3999violation of s. 316.193.
4000     3.  Whether the person had an unlawful blood-alcohol level
4001as provided in s. 316.193.
4002     (8)  Based on the determination of the hearing officer
4003pursuant to subsection (7) for both informal hearings under
4004subsection (4) and formal hearings under subsection (6), the
4005department shall:
4006     (b)  Sustain the disqualification for a period of 6 months
4007for a violation of s. 316.193 or for a period of 1 year if the
4008person has been previously disqualified from operating a
4009commercial motor vehicle or his or her driving privilege has
4010been previously suspended as a result of a violation of s.
4011316.193. The disqualification period commences on the date of
4012the arrest or issuance of the notice of disqualification,
4013whichever is later.
4014     (14)  The decision of the department under this section
4015shall not be considered in any trial for a violation of s.
4016316.193, s. 322.61, or s. 322.62, nor shall any written
4017statement submitted by a person in his or her request for
4018departmental review under this section be admissible into
4019evidence against him or her in any such trial. The disposition
4020of any related criminal proceedings shall not affect a
4021disqualification imposed pursuant to this section.
4022     (15)  This section does not preclude the suspension of the
4023driving privilege pursuant to s. 322.2615. The driving privilege
4024of a person who has been disqualified from operating a
4025commercial motor vehicle also may be suspended for a violation
4026of s. 316.193.
4027     Section 81.  For the purpose of incorporating the amendment
4028made by this act to section 316.193, Florida Statutes, in a
4029reference thereto, paragraph (f) of subsection (4) of section
4030323.001, Florida Statutes, is reenacted to read:
4031     323.001  Wrecker operator storage facilities; vehicle
4032holds.--
4033     (4)  The requirements for a written hold apply when the
4034following conditions are present:
4035     (f)  The vehicle is impounded or immobilized pursuant to s.
4036316.193 or s. 322.34; or
4037     Section 82.  For the purpose of incorporating the amendment
4038made by this act to section 316.193, Florida Statutes, in
4039references thereto, section 324.023, Florida Statutes, is
4040reenacted to read:
4041     324.023  Financial responsibility for bodily injury or
4042death.--In addition to any other financial responsibility
4043required by law, every owner or operator of a motor vehicle that
4044is required to be registered in this state, or that is located
4045within this state, and who, regardless of adjudication of guilt,
4046has been found guilty of or entered a plea of guilty or nolo
4047contendere to a charge of driving under the influence under s.
4048316.193 after October 1, 2007, shall, by one of the methods
4049established in s. 324.031(1), (2), or (3), establish and
4050maintain the ability to respond in damages for liability on
4051account of accidents arising out of the use of a motor vehicle
4052in the amount of $100,000 because of bodily injury to, or death
4053of, one person in any one crash and, subject to such limits for
4054one person, in the amount of $300,000 because of bodily injury
4055to, or death of, two or more persons in any one crash and in the
4056amount of $50,000 because of property damage in any one crash.
4057If the owner or operator chooses to establish and maintain such
4058ability by posting a bond or furnishing a certificate of deposit
4059pursuant to s. 324.031(2) or (3), such bond or certificate of
4060deposit must be in an amount not less than $350,000. Such higher
4061limits must be carried for a minimum period of 3 years. If the
4062owner or operator has not been convicted of driving under the
4063influence or a felony traffic offense for a period of 3 years
4064from the date of reinstatement of driving privileges for a
4065violation of s. 316.193, the owner or operator shall be exempt
4066from this section.
4067     Section 83.  For the purpose of incorporating the amendment
4068made by this act to section 316.193, Florida Statutes, in a
4069reference thereto, section 324.131, Florida Statutes, is
4070reenacted to read:
4071     324.131  Period of suspension.--Such license, registration
4072and nonresident's operating privilege shall remain so suspended
4073and shall not be renewed, nor shall any such license or
4074registration be thereafter issued in the name of such person,
4075including any such person not previously licensed, unless and
4076until every such judgment is stayed, satisfied in full or to the
4077extent of the limits stated in s. 324.021(7) and until the said
4078person gives proof of financial responsibility as provided in s.
4079324.031, such proof to be maintained for 3 years. In addition,
4080if the person's license or registration has been suspended or
4081revoked due to a violation of s. 316.193 or pursuant to s.
4082322.26(2), that person shall maintain noncancelable liability
4083coverage for each motor vehicle registered in his or her name,
4084as described in s. 627.7275(2), and must present proof that
4085coverage is in force on a form adopted by the Department of
4086Highway Safety and Motor Vehicles, such proof to be maintained
4087for 3 years.
4088     Section 84.  For the purpose of incorporating the amendment
4089made by this act to section 316.193, Florida Statutes, in a
4090reference thereto, subsection (6) of section 327.35, Florida
4091Statutes, is reenacted to read:
4092     327.35  Boating under the influence; penalties; "designated
4093drivers".--
4094     (6)  With respect to any person convicted of a violation of
4095subsection (1), regardless of any other penalty imposed:
4096     (a)  For the first conviction, the court shall place the
4097defendant on probation for a period not to exceed 1 year and, as
4098a condition of such probation, shall order the defendant to
4099participate in public service or a community work project for a
4100minimum of 50 hours. The court must also, as a condition of
4101probation, order the impoundment or immobilization of the vessel
4102that was operated by or in the actual control of the defendant
4103or any one vehicle registered in the defendant's name at the
4104time of impoundment or immobilization, for a period of 10 days
4105or for the unexpired term of any lease or rental agreement that
4106expires within 10 days. The impoundment or immobilization must
4107not occur concurrently with the incarceration of the defendant.
4108The impoundment or immobilization order may be dismissed in
4109accordance with paragraph (e) or paragraph (f). The total period
4110of probation and incarceration may not exceed 1 year.
4111     (b)  For the second conviction for an offense that occurs
4112within a period of 5 years after the date of a prior conviction
4113for violation of this section, the court shall order
4114imprisonment for not less than 10 days. The court must also, as
4115a condition of probation, order the impoundment or
4116immobilization of the vessel that was operated by or in the
4117actual control of the defendant or any one vehicle registered in
4118the defendant's name at the time of impoundment or
4119immobilization, for a period of 30 days or for the unexpired
4120term of any lease or rental agreement that expires within 30
4121days. The impoundment or immobilization must not occur
4122concurrently with the incarceration of the defendant. The
4123impoundment or immobilization order may be dismissed in
4124accordance with paragraph (e) or paragraph (f). At least 48
4125hours of confinement must be consecutive.
4126     (c)  For the third or subsequent conviction for an offense
4127that occurs within a period of 10 years after the date of a
4128prior conviction for violation of this section, the court shall
4129order imprisonment for not less than 30 days. The court must
4130also, as a condition of probation, order the impoundment or
4131immobilization of the vessel that was operated by or in the
4132actual control of the defendant or any one vehicle registered in
4133the defendant's name at the time of impoundment or
4134immobilization, for a period of 90 days or for the unexpired
4135term of any lease or rental agreement that expires within 90
4136days. The impoundment or immobilization must not occur
4137concurrently with the incarceration of the defendant. The
4138impoundment or immobilization order may be dismissed in
4139accordance with paragraph (e) or paragraph (f). At least 48
4140hours of confinement must be consecutive.
4141     (d)  The court must at the time of sentencing the defendant
4142issue an order for the impoundment or immobilization of a
4143vessel. Within 7 business days after the date that the court
4144issues the order of impoundment, and once again 30 business days
4145before the actual impoundment or immobilization of the vessel,
4146the clerk of the court must send notice by certified mail,
4147return receipt requested, to the registered owner of each
4148vessel, if the registered owner is a person other than the
4149defendant, and to each person of record claiming a lien against
4150the vessel.
4151     (e)  A person who owns but was not operating the vessel
4152when the offense occurred may submit to the court a police
4153report indicating that the vessel was stolen at the time of the
4154offense or documentation of having purchased the vessel after
4155the offense was committed from an entity other than the
4156defendant or the defendant's agent. If the court finds that the
4157vessel was stolen or that the sale was not made to circumvent
4158the order and allow the defendant continued access to the
4159vessel, the order must be dismissed and the owner of the vessel
4160will incur no costs. If the court denies the request to dismiss
4161the order of impoundment or immobilization, the petitioner may
4162request an evidentiary hearing.
4163     (f)  A person who owns but was not operating the vessel
4164when the offense occurred, and whose vessel was stolen or who
4165purchased the vessel after the offense was committed directly
4166from the defendant or the defendant's agent, may request an
4167evidentiary hearing to determine whether the impoundment or
4168immobilization should occur. If the court finds that either the
4169vessel was stolen or the purchase was made without knowledge of
4170the offense, that the purchaser had no relationship to the
4171defendant other than through the transaction, and that such
4172purchase would not circumvent the order and allow the defendant
4173continued access to the vessel, the order must be dismissed and
4174the owner of the vessel will incur no costs.
4175     (g)  All costs and fees for the impoundment or
4176immobilization, including the cost of notification, must be paid
4177by the owner of the vessel or, if the vessel is leased or
4178rented, by the person leasing or renting the vessel, unless the
4179impoundment or immobilization order is dismissed.
4180     (h)  The person who owns a vessel that is impounded or
4181immobilized under this paragraph, or a person who has a lien of
4182record against such a vessel and who has not requested a review
4183of the impoundment pursuant to paragraph (e) or paragraph (f),
4184may, within 10 days after the date that person has knowledge of
4185the location of the vessel, file a complaint in the county in
4186which the owner resides to determine whether the vessel was
4187wrongfully taken or withheld from the owner or lienholder. Upon
4188the filing of a complaint, the owner or lienholder may have the
4189vessel released by posting with the court a bond or other
4190adequate security equal to the amount of the costs and fees for
4191impoundment or immobilization, including towing or storage, to
4192ensure the payment of the costs and fees if the owner or
4193lienholder does not prevail. When the bond is posted and the fee
4194is paid as set forth in s. 28.24, the clerk of the court shall
4195issue a certificate releasing the vessel. At the time of
4196release, after reasonable inspection, the owner or lienholder
4197must give a receipt to the towing or storage company indicating
4198any loss or damage to the vessel or to the contents of the
4199vessel.
4200     (i)  A defendant, in the court's discretion, may be
4201required to serve all or any portion of a term of imprisonment
4202to which the defendant has been sentenced pursuant to this
4203section in a residential alcoholism treatment program or a
4204residential drug abuse treatment program. Any time spent in such
4205a program must be credited by the court toward the term of
4206imprisonment.
4207
4208For the purposes of this section, any conviction for a violation
4209of s. 316.193, a previous conviction for the violation of former
4210s. 316.1931, former s. 860.01, or former s. 316.028, or a
4211previous conviction outside this state for driving under the
4212influence, driving while intoxicated, driving with an unlawful
4213blood-alcohol level, driving with an unlawful breath-alcohol
4214level, or any other similar alcohol-related or drug-related
4215traffic offense, is also considered a previous conviction for
4216violation of this section.
4217     Section 85.  For the purpose of incorporating the amendment
4218made by this act to section 316.193, Florida Statutes, in a
4219reference thereto, subsection (1) of section 337.195, Florida
4220Statutes, is reenacted to read:
4221     337.195  Limits on liability.--
4222     (1)  In a civil action for the death of or injury to a
4223person, or for damage to property, against the Department of
4224Transportation or its agents, consultants, or contractors for
4225work performed on a highway, road, street, bridge, or other
4226transportation facility when the death, injury, or damage
4227resulted from a motor vehicle crash within a construction zone
4228in which the driver of one of the vehicles was under the
4229influence of alcoholic beverages as set forth in s. 316.193,
4230under the influence of any chemical substance as set forth in s.
4231877.111, or illegally under the influence of any substance
4232controlled under chapter 893 to the extent that her or his
4233normal faculties were impaired or that she or he operated a
4234vehicle recklessly as defined in s. 316.192, it is presumed that
4235the driver's operation of the vehicle was the sole proximate
4236cause of her or his own death, injury, or damage. This
4237presumption can be overcome if the gross negligence or
4238intentional misconduct of the Department of Transportation, or
4239of its agents, consultants, or contractors, was a proximate
4240cause of the driver's death, injury, or damage.
4241     Section 86.  For the purpose of incorporating the amendment
4242made by this act to section 316.193, Florida Statutes, in a
4243reference thereto, paragraph (c) of subsection (17) of section
4244440.02, Florida Statutes, is reenacted to read:
4245     440.02  Definitions.--When used in this chapter, unless the
4246context clearly requires otherwise, the following terms shall
4247have the following meanings:
4248     (17)
4249     (c)  "Employment" does not include service performed by or
4250as:
4251     1.  Domestic servants in private homes.
4252     2.  Agricultural labor performed on a farm in the employ of
4253a bona fide farmer, or association of farmers, that employs 5 or
4254fewer regular employees and that employs fewer than 12 other
4255employees at one time for seasonal agricultural labor that is
4256completed in less than 30 days, provided such seasonal
4257employment does not exceed 45 days in the same calendar year.
4258The term "farm" includes stock, dairy, poultry, fruit, fur-
4259bearing animals, fish, and truck farms, ranches, nurseries, and
4260orchards. The term "agricultural labor" includes field foremen,
4261timekeepers, checkers, and other farm labor supervisory
4262personnel.
4263     3.  Professional athletes, such as professional boxers,
4264wrestlers, baseball, football, basketball, hockey, polo, tennis,
4265jai alai, and similar players, and motorsports teams competing
4266in a motor racing event as defined in s. 549.08.
4267     4.  Labor under a sentence of a court to perform community
4268services as provided in s. 316.193.
4269     5.  State prisoners or county inmates, except those
4270performing services for private employers or those enumerated in
4271s. 948.036(1).
4272     Section 87.  For the purpose of incorporating the amendment
4273made by this act to section 316.193, Florida Statutes, in a
4274reference thereto, paragraph (b) of subsection (7) of section
4275440.09, Florida Statutes, is reenacted to read:
4276     440.09  Coverage.--
4277     (7)
4278     (b)  If the employee has, at the time of the injury, a
4279blood alcohol level equal to or greater than the level specified
4280in s. 316.193, or if the employee has a positive confirmation of
4281a drug as defined in this act, it is presumed that the injury
4282was occasioned primarily by the intoxication of, or by the
4283influence of the drug upon, the employee. If the employer has
4284implemented a drug-free workplace, this presumption may be
4285rebutted only by evidence that there is no reasonable hypothesis
4286that the intoxication or drug influence contributed to the
4287injury. In the absence of a drug-free workplace program, this
4288presumption may be rebutted by clear and convincing evidence
4289that the intoxication or influence of the drug did not
4290contribute to the injury. Percent by weight of alcohol in the
4291blood must be based upon grams of alcohol per 100 milliliters of
4292blood. If the results are positive, the testing facility must
4293maintain the specimen for a minimum of 90 days. Blood serum may
4294be used for testing purposes under this chapter; however, if
4295this test is used, the presumptions under this section do not
4296arise unless the blood alcohol level is proved to be medically
4297and scientifically equivalent to or greater than the comparable
4298blood alcohol level that would have been obtained if the test
4299were based on percent by weight of alcohol in the blood.
4300However, if, before the accident, the employer had actual
4301knowledge of and expressly acquiesced in the employee's presence
4302at the workplace while under the influence of such alcohol or
4303drug, the presumptions specified in this subsection do not
4304apply.
4305     Section 88.  For the purpose of incorporating the amendment
4306made by this act to section 316.193, Florida Statutes, in a
4307reference thereto, paragraph (d) of subsection (1) of section
4308493.6106, Florida Statutes, is reenacted to read:
4309     493.6106  License requirements; posting.--
4310     (1)  Each individual licensed by the department must:
4311     (d)  Not be a chronic and habitual user of alcoholic
4312beverages to the extent that her or his normal faculties are
4313impaired; not have been committed under chapter 397, former
4314chapter 396, or a similar law in any other state; not have been
4315found to be a habitual offender under s. 856.011(3) or a similar
4316law in any other state; and not have had two or more convictions
4317under s. 316.193 or a similar law in any other state within the
43183-year period immediately preceding the date the application was
4319filed, unless the individual establishes that she or he is not
4320currently impaired and has successfully completed a
4321rehabilitation course.
4322     Section 89.  For the purpose of incorporating the amendment
4323made by this act to section 316.193, Florida Statutes, in a
4324reference thereto, paragraph (a) of subsection (2) of section
4325627.7275, Florida Statutes, is reenacted to read:
4326     627.7275  Motor vehicle liability.--
4327     (2)(a)  Insurers writing motor vehicle insurance in this
4328state shall make available, subject to the insurers' usual
4329underwriting restrictions:
4330     1.  Coverage under policies as described in subsection (1)
4331to any applicant for private passenger motor vehicle insurance
4332coverage who is seeking the coverage in order to reinstate the
4333applicant's driving privileges in this state when the driving
4334privileges were revoked or suspended pursuant to s. 316.646 or
4335s. 324.0221 due to the failure of the applicant to maintain
4336required security.
4337     2.  Coverage under policies as described in subsection (1),
4338which also provides liability coverage for bodily injury, death,
4339and property damage arising out of the ownership, maintenance,
4340or use of the motor vehicle in an amount not less than the
4341limits described in s. 324.021(7) and conforms to the
4342requirements of s. 324.151, to any applicant for private
4343passenger motor vehicle insurance coverage who is seeking the
4344coverage in order to reinstate the applicant's driving
4345privileges in this state after such privileges were revoked or
4346suspended under s. 316.193 or s. 322.26(2) for driving under the
4347influence.
4348     Section 90.  For the purpose of incorporating the amendment
4349made by this act to section 316.193, Florida Statutes, in a
4350reference thereto, subsection (4) of section 627.758, Florida
4351Statutes, is reenacted to read:
4352     627.758  Surety on auto club traffic arrest bond;
4353conditions, limit; bail bond.--
4354     (4)  Notwithstanding the provisions of s. 626.311 or
4355chapter 648, any surety insurer identified in a guaranteed
4356traffic arrest bond certificate or any licensed general lines
4357agent of the surety insurer may execute a bail bond for the
4358automobile club or association member identified in the
4359guaranteed traffic arrest bond certificate in an amount not in
4360excess of $5,000 for any violation of chapter 316 or any similar
4361traffic law or ordinance except for driving under the influence
4362of alcoholic beverages, chemical substances, or controlled
4363substances, as prohibited by s. 316.193.
4364     Section 91.  For the purpose of incorporating the amendment
4365made by this act to section 316.193, Florida Statutes, in
4366references thereto, paragraph (f) of subsection (2) and
4367paragraph (f) of subsection (10) of section 790.06, Florida
4368Statutes, are reenacted to read:
4369     790.06  License to carry concealed weapon or firearm.--
4370     (2)  The Department of Agriculture and Consumer Services
4371shall issue a license if the applicant:
4372     (f)  Does not chronically and habitually use alcoholic
4373beverages or other substances to the extent that his or her
4374normal faculties are impaired. It shall be presumed that an
4375applicant chronically and habitually uses alcoholic beverages or
4376other substances to the extent that his or her normal faculties
4377are impaired if the applicant has been committed under chapter
4378397 or under the provisions of former chapter 396 or has been
4379convicted under s. 790.151 or has been deemed a habitual
4380offender under s. 856.011(3), or has had two or more convictions
4381under s. 316.193 or similar laws of any other state, within the
43823-year period immediately preceding the date on which the
4383application is submitted;
4384     (10)  A license issued under this section shall be
4385suspended or revoked pursuant to chapter 120 if the licensee:
4386     (f)  Is convicted of a second violation of s. 316.193, or a
4387similar law of another state, within 3 years of a previous
4388conviction of such section, or similar law of another state,
4389even though the first violation may have occurred prior to the
4390date on which the application was submitted;
4391     Section 92.  For the purpose of incorporating the amendment
4392made by this act to section 316.193, Florida Statutes, in a
4393reference thereto, subsection (2) of section 903.36, Florida
4394Statutes, is reenacted to read:
4395     903.36  Guaranteed arrest bond certificates as cash bail.--
4396     (2)  The execution of a bail bond by a licensed general
4397lines agent of a surety insurer for the automobile club or
4398association member identified in the guaranteed traffic arrest
4399bond certificate, as provided in s. 627.758(4), shall be
4400accepted as bail in an amount not to exceed $5,000 for the
4401appearance of the person named in the certificate in any court
4402to answer for the violation of a provision of chapter 316 or a
4403similar traffic law or ordinance, except driving under the
4404influence of alcoholic beverages, chemical substances, or
4405controlled substances, as prohibited by s. 316.193. Presentation
4406of the guaranteed traffic arrest bond certificate and a power of
4407attorney from the surety insurer for its licensed general lines
4408agents is authorization for such agent to execute the bail bond.
4409     Section 93.  For the purpose of incorporating the amendment
4410made by this act to section 316.193, Florida Statutes, in
4411references thereto, paragraph (c) of subsection (4) of section
4412907.041, Florida Statutes, is reenacted to read:
4413     907.041  Pretrial detention and release.--
4414     (4)  PRETRIAL DETENTION.--
4415     (c)  The court may order pretrial detention if it finds a
4416substantial probability, based on a defendant's past and present
4417patterns of behavior, the criteria in s. 903.046, and any other
4418relevant facts, that any of the following circumstances exists:
4419     1.  The defendant has previously violated conditions of
4420release and that no further conditions of release are reasonably
4421likely to assure the defendant's appearance at subsequent
4422proceedings;
4423     2.  The defendant, with the intent to obstruct the judicial
4424process, has threatened, intimidated, or injured any victim,
4425potential witness, juror, or judicial officer, or has attempted
4426or conspired to do so, and that no condition of release will
4427reasonably prevent the obstruction of the judicial process;
4428     3.  The defendant is charged with trafficking in controlled
4429substances as defined by s. 893.135, that there is a substantial
4430probability that the defendant has committed the offense, and
4431that no conditions of release will reasonably assure the
4432defendant's appearance at subsequent criminal proceedings; or
4433     4.  The defendant is charged with DUI manslaughter, as
4434defined by s. 316.193, and that there is a substantial
4435probability that the defendant committed the crime and that the
4436defendant poses a threat of harm to the community; conditions
4437that would support a finding by the court pursuant to this
4438subparagraph that the defendant poses a threat of harm to the
4439community include, but are not limited to, any of the following:
4440     a.  The defendant has previously been convicted of any
4441crime under s. 316.193, or of any crime in any other state or
4442territory of the United States that is substantially similar to
4443any crime under s. 316.193;
4444     b.  The defendant was driving with a suspended driver's
4445license when the charged crime was committed; or
4446     c.  The defendant has previously been found guilty of, or
4447has had adjudication of guilt withheld for, driving while the
4448defendant's driver's license was suspended or revoked in
4449violation of s. 322.34;
4450     5.  The defendant poses the threat of harm to the
4451community. The court may so conclude, if it finds that the
4452defendant is presently charged with a dangerous crime, that
4453there is a substantial probability that the defendant committed
4454such crime, that the factual circumstances of the crime indicate
4455a disregard for the safety of the community, and that there are
4456no conditions of release reasonably sufficient to protect the
4457community from the risk of physical harm to persons.
4458     6.  The defendant was on probation, parole, or other
4459release pending completion of sentence or on pretrial release
4460for a dangerous crime at the time the current offense was
4461committed; or
4462     7.  The defendant has violated one or more conditions of
4463pretrial release or bond for the offense currently before the
4464court and the violation, in the discretion of the court,
4465supports a finding that no conditions of release can reasonably
4466protect the community from risk of physical harm to persons or
4467assure the presence of the accused at trial.
4468     Section 94.  Except as otherwise expressly provided in this
4469act, this act shall take effect upon becoming a law.


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