November 27, 2020
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_h1399e2
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. 316.302, F.S.; revising
52references to rules, regulations, and criteria governing
53commercial motor vehicles engaged in intrastate commerce;
54providing that the department performs duties assigned to
55the Field Administrator of the Federal Motor Carrier
56Safety Administration under the federal rules and may
57enforce those rules; amending ss. 316.613 and 316.614,
58F.S.; revising the definition of "motor vehicle" for
59purposes of child restraint and safety belt usage
60requirements; amending s. 316.656, F.S.; revising the
61prohibition against a judge accepting a plea to a lesser
62offense from a person charged under certain DUI
63provisions; revising the blood-alcohol or breath-alcohol
64level at which the prohibition applies; amending s.
65322.64, F.S.; providing that refusal to submit to a
66breath, urine, or blood test disqualifies a person from
67operating a commercial motor vehicle; providing a period
68of disqualification if a person has an unlawful blood-
69alcohol or breath-alcohol level; providing for issuance of
70a notice of disqualification; revising the requirements
71for a formal review hearing following a person's
72disqualification from operating a commercial motor
73vehicle; providing that a county, municipality, or special
74district may not own or operate an asphalt plant or a
75portable or stationary concrete batch plant having an
76independent mixer; provides exemptions; amending s.
77337.0261, F.S.; revising the sunset date for the Strategic
78Aggregate Review Task Force; amending s. 337.11, F.S.;
79establishing a goal for the procurement of design-build
80contracts; amending ss. 337.14 and 337.16, F.S.;
81conforming cross-references; amending s. 337.18, F.S.;
82requiring the contractor to maintain a copy of the
83required payment and performance bond at certain locations
84and provide a copy upon request; providing that a copy may
85be obtained directly from the department; removing a
86provision requiring a copy be recorded in the public
87records of the county; amending s. 337.185, F.S.;
88providing for the State Arbitration Board to arbitrate
89certain claims relating to maintenance contracts;
90providing for a member of the board to be elected by
91maintenance companies as well as construction companies;
92amending s. 337.403, F.S.; providing for the department or
93local governmental entity to pay certain costs of removal
94or relocation of a utility facility that is found to be
95interfering with the use, maintenance, improvement,
96extension, or expansion of a public road or publicly owned
97rail corridor under described circumstances; amending s.
98337.408, F.S.; providing for public pay telephones and
99advertising thereon to be installed within the right-of-
100way limits of any municipal, county, or state road;
101amending s. 338.01, F.S.; requiring new and replacement
102electronic toll collection systems to be interoperable
103with the department's system; amending s. 338.165, F.S.;
104providing that provisions requiring the continuation of
105tolls following the discharge of bond indebtedness does
106not apply to high-occupancy toll lanes or express lanes;
107creating s. 338.166, F.S.; authorizing the department to
108request that bonds be issued which are secured by toll
109revenues from high-occupancy toll or express lanes in a
110specified location; providing for the department to
111continue to collect tolls after discharge of indebtedness;
112authorizing the use of excess toll revenues for
113improvements to the State Highway System; authorizing the
114implementation of variable rate tolls on high-occupancy
115toll lanes or express lanes; amending s. 338.2216, F.S.;
116directing the Florida Turnpike Enterprise to implement new
117technologies and processes in its operations and
118collection of tolls and other amounts; providing contract
119bid requirements for fuel and food on the turnpike system;
120amending s. 338.223, F.S.; conforming a cross-reference;
121amending s. 338.231, F.S.; revising provisions for
122establishing and collecting tolls; authorizing collection
123of amounts to cover costs of toll collection and payment
124methods; requiring public notice and hearing; amending s.
125339.12, F.S.; revising requirements for aid and
126contributions by governmental entities for transportation
127projects; revising limits under which the department may
128enter into an agreement with a county for a project or
129project phase not in the adopted work program; authorizing
130the department to enter into certain long-term repayment
131agreements; amending s. 339.135, F.S.; revising certain
132notice provisions that require the Department of
133Transportation to notify local governments regarding
134amendments to an adopted 5-year work program; amending s.
135339.155, F.S.; revising provisions for development of the
136Florida Transportation Plan; amending s. 339.2816, F.S.,
137relating to the small county road assistance program;
138providing for resumption of certain funding for the
139program; revising the criteria for counties eligible to
140participate in the program; amending ss. 339.2819 and
141339.285, F.S.; conforming cross-references; amending s.
142341.301, F.S.; providing definitions relating to commuter
143rail service, rail corridors, and railroad operation for
144purposes of the rail program within the department;
145amending s. 341.302, F.S.; authorizing the department to
146purchase specified property for the purpose of
147implementing commuter rail service; authorizing the
148department to assume certain liability on a rail corridor;
149authorizing the department to indemnify and hold harmless
150a railroad company when the department acquires a rail
151corridor from the company; providing allocation of risk;
152providing a specific cap on the amount of the contractual
153duty for such indemnification; authorizing the department
154to purchase and provide insurance in relation to rail
155corridors; authorizing marketing and promotional expenses;
156extending provisions to other governmental entities
157providing commuter rail service on public right-of-way;
158creating s. 341.3023, F.S.; requiring the department to
159review and study commuter rail programs and intercity rail
160transportation systems; requiring a report to the Governor
161and the Legislature; repealing part III of ch. 343 F.S.;
162abolishing the Tampa Bay Commuter Transit Authority;
163amending s. 348.0003, F.S.; providing for financial
164disclosure for expressway, transportation, bridge, and
165toll authorities; amending s. 348.0004, F.S.; providing
166for certain expressway authorities to index toll rate
167increases; amending s. 479.01, F.S.; revising provisions
168for outdoor advertising; revising the definition of the
169term "automatic changeable facing"; amending s. 479.07,
170F.S.; revising a prohibition against signs on the State
171Highway System; revising requirements for display of the
172sign permit tag; directing the department to establish by
173rule a fee for furnishing a replacement permit tag;
174revising the pilot project for permitted signs to include
175Hillsborough County and areas within the boundaries of the
176City of Miami; amending s. 479.08, F.S.; revising
177provisions for denial or revocation of a sign permit;  
178amending s. 479.156, F.S.; revising provisions for a
179municipality or county to permit and regulate wall
180murals;amending s. 479.261, F.S.; revising requirements
181for the logo sign program of the interstate highway
182system; deleting provisions providing for permits to be
183awarded to the highest bidders; requiring the department
184to implement a rotation-based logo program; requiring the
185department to adopt rules that set reasonable rates based
186on certain factors for annual permit fees; requiring that
187such fees not exceed a certain amount for sign locations
188inside and outside an urban area; creating a business
189partnership pilot program; authorizing the Palm Beach
190County School District to display names of business
191partners on district property in unincorporated areas;
192exempting the program from specified provisions; amending
193s. 768.28, F.S.; expanding the list of entities considered
194agents of the state; providing for construction in
195relation to certain federal laws; requiring the department
196to ensure certain providers of railroad related services
197meet certain requirements; requiring the department to
198conduct a study of transportation alternatives for the
199Interstate 95 corridor; requiring a report to the Governor
200and the Legislature; authorizing the expenditure of public
201funds for certain alterations of Old Cutler Road in the
202Village of Palmetto Bay; requiring the official approval
203of the Department of State before any alterations may
204begin; reenacting ss. 316.066(3)(a), 316.072(4)(b),
205316.1932(3), 316.1933(4), 316.1937(1) and (2)(d),
206316.1939(1)(b), 316.656(1), 318.143(4) and (5), 318.17(3),
207320.055(1)(c), 322.03(2), 322.0602(2)(a), 322.21(8),
208322.25(5), 322.26(1)(a), 322.2615(14)(a) and (16),
209322.2616(15) and (19), 322.264(1)(b), 322.271(2)(a), (c)
210and (4), 322.2715(2), (3)(a), (c), and (4), 322.28(2),
211322.282(2)(a), 322.291(1)(a), 322.34(9)(a), 322.62(3),
212322.63(2)(d) and (6), 322.64(1), (2), (7)(a), (8)(b),
213(14), and (15), 323.001(4)(f), 324.023, 324.131,
214327.35(6), 337.195(1), 440.02(17)(c), 440.09(7)(b),
215493.6106(1)(d), 627.7275(2)(a), 627.758(4), 790.06(2)(f)
216and (10)(f), 903.36(2), and 907.041(4)(c), F.S., relating
217to written reports of crashes, obedience to and effect of
218traffic laws, tests for alcohol, chemical substances, or
219controlled substances, implied consent, refusal, blood
220test for impairment or intoxication in cases of death or
221serious bodily injury, right to use reasonable force,
222ignition interlock devices, requiring, unlawful acts,
223refusal to submit to testing, penalties, mandatory
224adjudication, prohibition against accepting plea to lesser
225included offense, sanctions for infractions by minors,
226offenses excepted, registration periods, renewal periods,
227drivers must be licensed, penalties, youthful drunk driver
228visitation program, license fees, procedure for handling
229and collecting fees, when court to forward license to
230department and report convictions, temporary reinstatement
231of driving privileges, mandatory revocation of license by
232department, suspension of license, right to review,
233suspension of license, persons under 21 years of age,
234right to review, "habitual traffic offender" defined,
235authority to modify revocation, cancellation, or
236suspension order, ignition interlock device, period of
237suspension or revocation, procedure when court revokes or
238suspends license or driving privilege and orders
239reinstatement, driver improvement schools or dui programs,
240required in certain suspension and revocation cases,
241driving while license suspended, revoked, canceled, or
242disqualified, driving under the influence, commercial
243motor vehicle operators, alcohol or drug testing,
244commercial motor vehicle operators, holder of commercial
245driver's license, driving with unlawful blood-alcohol
246level, refusal to submit to breath, urine, or blood test,
247wrecker operator storage facilities, vehicle holds,
248financial responsibility for bodily injury or death,
249period of suspension, boating under the influence,
250penalties, "designated drivers," limits on liability,
251definitions, coverage, license requirements, posting,
252motor vehicle liability, surety on auto club traffic
253arrest bond, conditions, limit, bail bond, license to
254carry concealed weapon or firearm, guaranteed arrest bond
255certificates as cash bail, and pretrial detention and
256release, to incorporate references in changes made by the
257act; amending s. 120.52, F.S.; revising a definition;
258providing effective dates.
259
260Be It Enacted by the Legislature of the State of Florida:
261
262     Section 1.  Paragraph (h) of subsection (2) of section
26320.23, Florida Statutes, is amended to read:
264     20.23  Department of Transportation.--There is created a
265Department of Transportation which shall be a decentralized
266agency.
267     (2)
268     (h)  The commission shall appoint an executive director and
269assistant executive director, who shall serve under the
270direction, supervision, and control of the commission. The
271executive director, with the consent of the commission, shall
272employ such staff as are necessary to perform adequately the
273functions of the commission, within budgetary limitations. All
274employees of the commission are exempt from part II of chapter
275110 and shall serve at the pleasure of the commission. The
276salary and benefits of the executive director shall be set in
277accordance with the Senior Management Service. The salaries and
278benefits of all other employees of the commission shall be set
279in accordance with the Selected Exempt Service; provided,
280however, that the commission has shall have complete authority
281for fixing the salary of the executive director and assistant
282executive director.
283     Section 2.  Subsection (5) of section 125.42, Florida
284Statutes, is amended to read:
285     125.42  Water, sewage, gas, power, telephone, other
286utility, and television lines along county roads and highways.--
287     (5)  In the event of widening, repair, or reconstruction of
288any such road, the licensee shall move or remove such water,
289sewage, gas, power, telephone, and other utility lines and
290television lines at no cost to the county except as provided in
291s. 337.403(1)(e).
292     Section 3.  Paragraphs (a), (h), and (j) of subsection (6)
293of section 163.3177, Florida Statutes, are amended to read:
294     163.3177  Required and optional elements of comprehensive
295plan; studies and surveys.--
296     (6)  In addition to the requirements of subsections (1)-(5)
297and (12), the comprehensive plan shall include the following
298elements:
299     (a)  A future land use plan element designating proposed
300future general distribution, location, and extent of the uses of
301land for residential uses, commercial uses, industry,
302agriculture, recreation, conservation, education, public
303buildings and grounds, other public facilities, and other
304categories of the public and private uses of land. Counties are
305encouraged to designate rural land stewardship areas, pursuant
306to the provisions of paragraph (11)(d), as overlays on the
307future land use map. Each future land use category must be
308defined in terms of uses included, and must include standards to
309be followed in the control and distribution of population
310densities and building and structure intensities. The proposed
311distribution, location, and extent of the various categories of
312land use shall be shown on a land use map or map series which
313shall be supplemented by goals, policies, and measurable
314objectives. The future land use plan shall be based upon
315surveys, studies, and data regarding the area, including the
316amount of land required to accommodate anticipated growth; the
317projected population of the area; the character of undeveloped
318land; the availability of water supplies, public facilities, and
319services; the need for redevelopment, including the renewal of
320blighted areas and the elimination of nonconforming uses which
321are inconsistent with the character of the community; the
322compatibility of uses on lands adjacent to or closely proximate
323to military installations; lands adjacent to an airport as
324defined in s. 330.35 and consistent with provisions in s.
325333.02; and, in rural communities, the need for job creation,
326capital investment, and economic development that will
327strengthen and diversify the community's economy. The future
328land use plan may designate areas for future planned development
329use involving combinations of types of uses for which special
330regulations may be necessary to ensure development in accord
331with the principles and standards of the comprehensive plan and
332this act. The future land use plan element shall include
333criteria to be used to achieve the compatibility of adjacent or
334closely proximate lands with military installations; lands
335adjacent to an airport as defined in s. 330.35 and consistent
336with provisions in s. 333.02. In addition, for rural
337communities, the amount of land designated for future planned
338industrial use shall be based upon surveys and studies that
339reflect the need for job creation, capital investment, and the
340necessity to strengthen and diversify the local economies, and
341shall not be limited solely by the projected population of the
342rural community. The future land use plan of a county may also
343designate areas for possible future municipal incorporation. The
344land use maps or map series shall generally identify and depict
345historic district boundaries and shall designate historically
346significant properties meriting protection. For coastal
347counties, the future land use element must include, without
348limitation, regulatory incentives and criteria that encourage
349the preservation of recreational and commercial working
350waterfronts as defined in s. 342.07. The future land use element
351must clearly identify the land use categories in which public
352schools are an allowable use. When delineating the land use
353categories in which public schools are an allowable use, a local
354government shall include in the categories sufficient land
355proximate to residential development to meet the projected needs
356for schools in coordination with public school boards and may
357establish differing criteria for schools of different type or
358size. Each local government shall include lands contiguous to
359existing school sites, to the maximum extent possible, within
360the land use categories in which public schools are an allowable
361use. The failure by a local government to comply with these
362school siting requirements will result in the prohibition of the
363local government's ability to amend the local comprehensive
364plan, except for plan amendments described in s. 163.3187(1)(b),
365until the school siting requirements are met. Amendments
366proposed by a local government for purposes of identifying the
367land use categories in which public schools are an allowable use
368are exempt from the limitation on the frequency of plan
369amendments contained in s. 163.3187. The future land use element
370shall include criteria that encourage the location of schools
371proximate to urban residential areas to the extent possible and
372shall require that the local government seek to collocate public
373facilities, such as parks, libraries, and community centers,
374with schools to the extent possible and to encourage the use of
375elementary schools as focal points for neighborhoods. For
376schools serving predominantly rural counties, defined as a
377county with a population of 100,000 or fewer, an agricultural
378land use category shall be eligible for the location of public
379school facilities if the local comprehensive plan contains
380school siting criteria and the location is consistent with such
381criteria. Local governments required to update or amend their
382comprehensive plan to include criteria and address compatibility
383of lands adjacent to an airport as defined in s. 330.35 and
384consistent with provisions in s. 333.02 adjacent or closely
385proximate lands with existing military installations in their
386future land use plan element shall transmit the update or
387amendment to the state land planning agency department by June
38830, 2011 2006.
389     (h)1.  An intergovernmental coordination element showing
390relationships and stating principles and guidelines to be used
391in the accomplishment of coordination of the adopted
392comprehensive plan with the plans of school boards, regional
393water supply authorities, and other units of local government
394providing services but not having regulatory authority over the
395use of land, with the comprehensive plans of adjacent
396municipalities, the county, adjacent counties, or the region,
397with the state comprehensive plan and with the applicable
398regional water supply plan approved pursuant to s. 373.0361, as
399the case may require and as such adopted plans or plans in
400preparation may exist. This element of the local comprehensive
401plan shall demonstrate consideration of the particular effects
402of the local plan, when adopted, upon the development of
403adjacent municipalities, the county, adjacent counties, or the
404region, or upon the state comprehensive plan, as the case may
405require.
406     a.  The intergovernmental coordination element shall
407provide for procedures to identify and implement joint planning
408areas, especially for the purpose of annexation, municipal
409incorporation, and joint infrastructure service areas.
410     b.  The intergovernmental coordination element shall
411provide for recognition of campus master plans prepared pursuant
412to s. 1013.30, and airport master plans pursuant to paragraph
413(k).
414     c.  The intergovernmental coordination element may provide
415for a voluntary dispute resolution process as established
416pursuant to s. 186.509 for bringing to closure in a timely
417manner intergovernmental disputes. A local government may
418develop and use an alternative local dispute resolution process
419for this purpose.
420     d.  The intergovernmental coordination element shall
421provide for interlocal agreements, as established pursuant to s.
422333.03(1)(b).
423     2.  The intergovernmental coordination element shall
424further state principles and guidelines to be used in the
425accomplishment of coordination of the adopted comprehensive plan
426with the plans of school boards and other units of local
427government providing facilities and services but not having
428regulatory authority over the use of land. In addition, the
429intergovernmental coordination element shall describe joint
430processes for collaborative planning and decisionmaking on
431population projections and public school siting, the location
432and extension of public facilities subject to concurrency, and
433siting facilities with countywide significance, including
434locally unwanted land uses whose nature and identity are
435established in an agreement. Within 1 year of adopting their
436intergovernmental coordination elements, each county, all the
437municipalities within that county, the district school board,
438and any unit of local government service providers in that
439county shall establish by interlocal or other formal agreement
440executed by all affected entities, the joint processes described
441in this subparagraph consistent with their adopted
442intergovernmental coordination elements.
443     3.  To foster coordination between special districts and
444local general-purpose governments as local general-purpose
445governments implement local comprehensive plans, each
446independent special district must submit a public facilities
447report to the appropriate local government as required by s.
448189.415.
449     4.a.  Local governments must execute an interlocal
450agreement with the district school board, the county, and
451nonexempt municipalities pursuant to s. 163.31777. The local
452government shall amend the intergovernmental coordination
453element to provide that coordination between the local
454government and school board is pursuant to the agreement and
455shall state the obligations of the local government under the
456agreement.
457     b.  Plan amendments that comply with this subparagraph are
458exempt from the provisions of s. 163.3187(1).
459     5.  The state land planning agency shall establish a
460schedule for phased completion and transmittal of plan
461amendments to implement subparagraphs 1., 2., and 3. from all
462jurisdictions so as to accomplish their adoption by December 31,
4631999. A local government may complete and transmit its plan
464amendments to carry out these provisions prior to the scheduled
465date established by the state land planning agency. The plan
466amendments are exempt from the provisions of s. 163.3187(1).
467     6.  By January 1, 2004, any county having a population
468greater than 100,000, and the municipalities and special
469districts within that county, shall submit a report to the
470Department of Community Affairs which:
471     a.  Identifies all existing or proposed interlocal service
472delivery agreements regarding the following: education; sanitary
473sewer; public safety; solid waste; drainage; potable water;
474parks and recreation; and transportation facilities.
475     b.  Identifies any deficits or duplication in the provision
476of services within its jurisdiction, whether capital or
477operational. Upon request, the Department of Community Affairs
478shall provide technical assistance to the local governments in
479identifying deficits or duplication.
480     7.  Within 6 months after submission of the report, the
481Department of Community Affairs shall, through the appropriate
482regional planning council, coordinate a meeting of all local
483governments within the regional planning area to discuss the
484reports and potential strategies to remedy any identified
485deficiencies or duplications.
486     8.  Each local government shall update its
487intergovernmental coordination element based upon the findings
488in the report submitted pursuant to subparagraph 6. The report
489may be used as supporting data and analysis for the
490intergovernmental coordination element.
491     (j)  For each unit of local government within an urbanized
492area designated for purposes of s. 339.175, a transportation
493element, which shall be prepared and adopted in lieu of the
494requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
495and (d) and which shall address the following issues:
496     1.  Traffic circulation, including major thoroughfares and
497other routes, including bicycle and pedestrian ways.
498     2.  All alternative modes of travel, such as public
499transportation, pedestrian, and bicycle travel.
500     3.  Parking facilities.
501     4.  Aviation, rail, seaport facilities, access to those
502facilities, and intermodal terminals.
503     5.  The availability of facilities and services to serve
504existing land uses and the compatibility between future land use
505and transportation elements.
506     6.  The capability to evacuate the coastal population prior
507to an impending natural disaster.
508     7.  Airports, projected airport and aviation development,
509and land use compatibility around airports that includes areas
510defined in ss. 333.01 and 333.02.
511     8.  An identification of land use densities, building
512intensities, and transportation management programs to promote
513public transportation systems in designated public
514transportation corridors so as to encourage population densities
515sufficient to support such systems.
516     9.  May include transportation corridors, as defined in s.
517334.03, intended for future transportation facilities designated
518pursuant to s. 337.273. If transportation corridors are
519designated, the local government may adopt a transportation
520corridor management ordinance.
521     Section 4.  Subsection (3) of section 163.3178, Florida
522Statutes, is amended to read:
523     163.3178  Coastal management.--
524     (3)  Expansions to port harbors, spoil disposal sites,
525navigation channels, turning basins, harbor berths, and other
526related inwater harbor facilities of ports listed in s.
527403.021(9); port transportation facilities and projects listed
528in s. 311.07(3)(b); and intermodal transportation facilities
529identified pursuant to s. 311.09(3) and facilities determined by
530the Department of Community Affairs and applicable general
531purpose local government to be port-related industrial or
532commercial projects located within 3 miles of or in a port
533master plan area which rely upon the utilization of port and
534intermodal transportation facilities shall not be developments
535of regional impact where such expansions, projects, or
536facilities are consistent with comprehensive master plans that
537are in compliance with this section.
538     Section 5.  Paragraph (c) is added to subsection (2) of
539section 163.3182, Florida Statutes, and paragraph (d) of
540subsection (3), paragraph (a) of subsection (4), and subsections
541(5) and (8) of that section are amended, to read:
542     163.3182  Transportation concurrency backlogs.--
543     (2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
544AUTHORITIES.--
545     (c)  The Legislature finds and declares that there exists
546in many counties and municipalities areas with significant
547transportation deficiencies and inadequate transportation
548facilities; that many such insufficiencies and inadequacies
549severely limit or prohibit the satisfaction of transportation
550concurrency standards; that such transportation insufficiencies
551and inadequacies affect the health, safety, and welfare of the
552residents of such counties and municipalities; that such
553transportation insufficiencies and inadequacies adversely affect
554economic development and growth of the tax base for the areas in
555which such insufficiencies and inadequacies exist; and that the
556elimination of transportation deficiencies and inadequacies and
557the satisfaction of transportation concurrency standards are
558paramount public purposes for the state and its counties and
559municipalities.
560     (3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
561AUTHORITY.--Each transportation concurrency backlog authority
562has the powers necessary or convenient to carry out the purposes
563of this section, including the following powers in addition to
564others granted in this section:
565     (d)  To borrow money, including, but not limited to,
566issuing debt obligations, such as, but not limited to, bonds,
567notes, certificates, and similar debt instruments; to apply for
568and accept advances, loans, grants, contributions, and any other
569forms of financial assistance from the Federal Government or the
570state, county, or any other public body or from any sources,
571public or private, for the purposes of this part; to give such
572security as may be required; to enter into and carry out
573contracts or agreements; and to include in any contracts for
574financial assistance with the Federal Government for or with
575respect to a transportation concurrency backlog project and
576related activities such conditions imposed pursuant to federal
577laws as the transportation concurrency backlog authority
578considers reasonable and appropriate and which are not
579inconsistent with the purposes of this section.
580     (4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
581     (a)  Each transportation concurrency backlog authority
582shall adopt a transportation concurrency backlog plan as a part
583of the local government comprehensive plan within 6 months after
584the creation of the authority. The plan shall:
585     1.  Identify all transportation facilities that have been
586designated as deficient and require the expenditure of moneys to
587upgrade, modify, or mitigate the deficiency.
588     2.  Include a priority listing of all transportation
589facilities that have been designated as deficient and do not
590satisfy concurrency requirements pursuant to s. 163.3180, and
591the applicable local government comprehensive plan.
592     3.  Establish a schedule for financing and construction of
593transportation concurrency backlog projects that will eliminate
594transportation concurrency backlogs within the jurisdiction of
595the authority within 10 years after the transportation
596concurrency backlog plan adoption. The schedule shall be adopted
597as part of the local government comprehensive plan.
598Notwithstanding such schedule requirements, as long as the
599schedule provides for the elimination of all transportation
600concurrency backlogs within 10 years after the adoption of the
601concurrency backlog plan, the final maturity date of any debt
602incurred to finance or refinance the related projects may be no
603later than 40 years after the date such debt is incurred and the
604authority may continue operations and administer the trust fund
605established as provided in subsection (5) for as long as such
606debt remains outstanding.
607     (5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
608concurrency backlog authority shall establish a local
609transportation concurrency backlog trust fund upon creation of
610the authority. Each local trust fund shall be administered by
611the transportation concurrency backlog authority within which a
612transportation concurrency backlog has been identified. Each
613local trust fund shall continue to be funded pursuant to this
614section for as long as the projects set forth in the related
615transportation concurrency backlog plan remain to be completed
616or until any debt incurred to finance or refinance the related
617projects are no longer outstanding, whichever occurs later.
618Beginning in the first fiscal year after the creation of the
619authority, each local trust fund shall be funded by the proceeds
620of an ad valorem tax increment collected within each
621transportation concurrency backlog area to be determined
622annually and shall be a minimum of 25 percent of the difference
623between the amounts set forth in paragraphs (a) and (b), except
624that if all of the affected taxing authorities agree pursuant to
625an interlocal agreement, a particular local trust fund may be
626funded by the proceeds of an ad valorem tax increment greater
627than 25 percent of the difference between the amounts set forth
628in paragraphs (a) and (b):
629     (a)  The amount of ad valorem tax levied each year by each
630taxing authority, exclusive of any amount from any debt service
631millage, on taxable real property contained within the
632jurisdiction of the transportation concurrency backlog authority
633and within the transportation backlog area; and
634     (b)  The amount of ad valorem taxes which would have been
635produced by the rate upon which the tax is levied each year by
636or for each taxing authority, exclusive of any debt service
637millage, upon the total of the assessed value of the taxable
638real property within the transportation concurrency backlog area
639as shown on the most recent assessment roll used in connection
640with the taxation of such property of each taxing authority
641prior to the effective date of the ordinance funding the trust
642fund.
643     (8)  DISSOLUTION.--Upon completion of all transportation
644concurrency backlog projects and repayment or defeasance of all
645debt issued to finance or refinance such projects, a
646transportation concurrency backlog authority shall be dissolved,
647and its assets and liabilities shall be transferred to the
648county or municipality within which the authority is located.
649All remaining assets of the authority must be used for
650implementation of transportation projects within the
651jurisdiction of the authority. The local government
652comprehensive plan shall be amended to remove the transportation
653concurrency backlog plan.
654     Section 6.  Paragraph (c) of subsection (9) of section
655287.055, Florida Statutes, is amended to read:
656     287.055  Acquisition of professional architectural,
657engineering, landscape architectural, or surveying and mapping
658services; definitions; procedures; contingent fees prohibited;
659penalties.--
660     (9)  APPLICABILITY TO DESIGN-BUILD CONTRACTS.--
661     (c)  Except as otherwise provided in s. 337.11(8)(7), the
662Department of Management Services shall adopt rules for the
663award of design-build contracts to be followed by state
664agencies. Each other agency must adopt rules or ordinances for
665the award of design-build contracts. Municipalities, political
666subdivisions, school districts, and school boards shall award
667design-build contracts by the use of a competitive proposal
668selection process as described in this subsection, or by the use
669of a qualifications-based selection process pursuant to
670subsections (3), (4), and (5) for entering into a contract
671whereby the selected firm will, subsequent to competitive
672negotiations, establish a guaranteed maximum price and
673guaranteed completion date. If the procuring agency elects the
674option of qualifications-based selection, during the selection
675of the design-build firm the procuring agency shall employ or
676retain a licensed design professional appropriate to the project
677to serve as the agency's representative. Procedures for the use
678of a competitive proposal selection process must include as a
679minimum the following:
680     1.  The preparation of a design criteria package for the
681design and construction of the public construction project.
682     2.  The qualification and selection of no fewer than three
683design-build firms as the most qualified, based on the
684qualifications, availability, and past work of the firms,
685including the partners or members thereof.
686     3.  The criteria, procedures, and standards for the
687evaluation of design-build contract proposals or bids, based on
688price, technical, and design aspects of the public construction
689project, weighted for the project.
690     4.  The solicitation of competitive proposals, pursuant to
691a design criteria package, from those qualified design-build
692firms and the evaluation of the responses or bids submitted by
693those firms based on the evaluation criteria and procedures
694established prior to the solicitation of competitive proposals.
695     5.  For consultation with the employed or retained design
696criteria professional concerning the evaluation of the responses
697or bids submitted by the design-build firms, the supervision or
698approval by the agency of the detailed working drawings of the
699project; and for evaluation of the compliance of the project
700construction with the design criteria package by the design
701criteria professional.
702     6.  In the case of public emergencies, for the agency head
703to declare an emergency and authorize negotiations with the best
704qualified design-build firm available at that time.
705     Section 7.  Section 316.0741, Florida Statutes, is amended
706to read:
707     316.0741  High-occupancy-vehicle High occupancy vehicle
708lanes.--
709     (1)  As used in this section, the term:
710     (a)  "High-occupancy-vehicle High occupancy vehicle lane"
711or "HOV lane" means a lane of a public roadway designated for
712use by vehicles in which there is more than one occupant unless
713otherwise authorized by federal law.
714     (b)  "Hybrid vehicle" means a motor vehicle:
715     1.  That draws propulsion energy from onboard sources of
716stored energy which are both an internal combustion or heat
717engine using combustible fuel and a rechargeable energy-storage
718system; and
719     2.  That, in the case of a passenger automobile or light
720truck, has received a certificate of conformity under the Clean
721Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
722equivalent qualifying California standards for a low-emission
723vehicle.
724     (2)  The number of persons that must be in a vehicle to
725qualify for legal use of the HOV lane and the hours during which
726the lane will serve as an HOV lane, if it is not designated as
727such on a full-time basis, must also be indicated on a traffic
728control device.
729     (3)  Except as provided in subsection (4), a vehicle may
730not be driven in an HOV lane if the vehicle is occupied by fewer
731than the number of occupants indicated by a traffic control
732device. A driver who violates this section shall be cited for a
733moving violation, punishable as provided in chapter 318.
734     (4)(a)  Notwithstanding any other provision of this
735section, an inherently low-emission vehicle (ILEV) that is
736certified and labeled in accordance with federal regulations may
737be driven in an HOV lane at any time, regardless of its
738occupancy. In addition, upon the state's receipt of written
739notice from the proper federal regulatory agency authorizing
740such use, a vehicle defined as a hybrid vehicle under this
741section may be driven in an HOV lane at any time, regardless of
742its occupancy.
743     (b)  All eligible hybrid and all eligible other low-
744emission and energy-efficient vehicles driven in an HOV lane
745must comply with the minimum fuel economy standards in 23 U.S.C.
746s. 166(f)(3)(B).
747     (c)  Upon issuance of the applicable Environmental
748Protection Agency final rule pursuant to 23 U.S.C. s. 166(e),
749relating to the eligibility of hybrid and other low-emission and
750energy-efficient vehicles for operation in an HOV lane
751regardless of occupancy, the Department of Transportation shall
752review the rule and recommend to the Legislature any statutory
753changes necessary for compliance with the federal rule. The
754department shall provide its recommendations no later than 30
755days following issuance of the final rule.
756     (5)  The department shall issue a decal and registration
757certificate, to be renewed annually, reflecting the HOV lane
758designation on such vehicles meeting the criteria in subsection
759(4) authorizing driving in an HOV lane at any time such use. The
760department may charge a fee for a decal, not to exceed the costs
761of designing, producing, and distributing each decal, or $5,
762whichever is less. The proceeds from sale of the decals shall be
763deposited in the Highway Safety Operating Trust Fund. The
764department may, for reasons of operation and management of HOV
765facilities, limit or discontinue issuance of decals for the use
766of HOV facilities by hybrid and low-emission and energy-
767efficient vehicles, regardless of occupancy, if it has been
768determined by the Department of Transportation that the
769facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
770     (6)  Vehicles having decals by virtue of compliance with
771the minimum fuel economy standards under 23 U.S.C. s.
772166(f)(3)(B), and which are registered for use in high-occupancy
773toll lanes or express lanes in accordance with Department of
774Transportation rule, shall be allowed to use any HOV lanes
775redesignated as high-occupancy toll lanes or express lanes
776without payment of a toll.
777     (5)  As used in this section, the term "hybrid vehicle"
778means a motor vehicle:
779     (a)  That draws propulsion energy from onboard sources of
780stored energy which are both:
781     1.  An internal combustion or heat engine using combustible
782fuel; and
783     2.  A rechargeable energy storage system; and
784     (b)  That, in the case of a passenger automobile or light
785truck:
786     1.  Has received a certificate of conformity under the
787Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
788     2.  Meets or exceeds the equivalent qualifying California
789standards for a low-emission vehicle.
790     (7)(6)  The department may adopt rules necessary to
791administer this section.
792     Section 8.  Subsection (4) of section 316.193, Florida
793Statutes, is amended to read:
794     316.193  Driving under the influence; penalties.--
795     (4)(a)  Any person who is convicted of a violation of
796subsection (1) and who has a blood-alcohol level or breath-
797alcohol level of 0.15 0.20 or higher, or any person who is
798convicted of a violation of subsection (1) and who at the time
799of the offense was accompanied in the vehicle by a person under
800the age of 18 years, shall be punished:
801     1.(a)  By a fine of:
802     a.1.  Not less than $500 or more than $1,000 for a first
803conviction.
804     b.2.  Not less than $1,000 or more than $2,000 for a second
805conviction.
806     c.3.  Not less than $2,000 for a third or subsequent
807conviction.
808     2.(b)  By imprisonment for:
809     a.1.  Not more than 9 months for a first conviction.
810     b.2.  Not more than 12 months for a second conviction.
811     (b)  For the purposes of this subsection, only the instant
812offense is required to be a violation of subsection (1) by a
813person who has a blood-alcohol level or breath-alcohol level of
8140.15 0.20 or higher.
815     (c)  In addition to the penalties in subparagraphs (a)1.
816and 2. paragraphs (a) and (b), the court shall order the
817mandatory placement, at the convicted person's sole expense, of
818an ignition interlock device approved by the department in
819accordance with s. 316.1938 upon all vehicles that are
820individually or jointly leased or owned and routinely operated
821by the convicted person for not less than up to 6 continuous
822months for the first offense and for not less than at least 2
823continuous years for a second offense, when the convicted person
824qualifies for a permanent or restricted license. The
825installation of such device may not occur before July 1, 2003.
826     Section 9.  Effective October 1, 2008, paragraph (b) of
827subsection (1) and subsections (6) and (8) of section 316.302,
828Florida Statutes, are amended to read:
829     316.302  Commercial motor vehicles; safety regulations;
830transporters and shippers of hazardous materials; enforcement.--
831     (1)
832     (b)  Except as otherwise provided in this section, all
833owners or drivers of commercial motor vehicles that are engaged
834in intrastate commerce are subject to the rules and regulations
835contained in 49 C.F.R. parts 382, 385, and 390-397, with the
836exception of 49 C.F.R. s. 390.5 as it relates to the definition
837of bus, as such rules and regulations existed on October 1, 2007
8382005.
839     (6)  The state Department of Transportation shall perform
840the duties that are assigned to the Field Administrator, Federal
841Motor Carrier Safety Administration Regional Federal Highway
842Administrator under the federal rules, and an agent of that
843department, as described in s. 316.545(9), may enforce those
844rules.
845     (8)  For the purpose of enforcing this section, any law
846enforcement officer of the Department of Transportation or duly
847appointed agent who holds a current safety inspector
848certification from the Commercial Vehicle Safety Alliance may
849require the driver of any commercial vehicle operated on the
850highways of this state to stop and submit to an inspection of
851the vehicle or the driver's records. If the vehicle or driver is
852found to be operating in an unsafe condition, or if any required
853part or equipment is not present or is not in proper repair or
854adjustment, and the continued operation would present an unduly
855hazardous operating condition, the officer may require the
856vehicle or the driver to be removed from service pursuant to the
857North American Standard Uniform Out-of-Service Criteria, until
858corrected. However, if continuous operation would not present an
859unduly hazardous operating condition, the officer may give
860written notice requiring correction of the condition within 14
861days.
862     (a)  Any member of the Florida Highway Patrol or any law
863enforcement officer employed by a sheriff's office or municipal
864police department authorized to enforce the traffic laws of this
865state pursuant to s. 316.640 who has reason to believe that a
866vehicle or driver is operating in an unsafe condition may, as
867provided in subsection (10), enforce the provisions of this
868section.
869     (b)  Any person who fails to comply with an officer's
870request to submit to an inspection under this subsection commits
871a violation of s. 843.02 if the person resists the officer
872without violence or a violation of s. 843.01 if the person
873resists the officer with violence.
874     Section 10.  Subsection (2) of section 316.613, Florida
875Statutes, is amended to read:
876     316.613  Child restraint requirements.--
877     (2)  As used in this section, the term "motor vehicle"
878means a motor vehicle as defined in s. 316.003 which that is
879operated on the roadways, streets, and highways of the state.
880The term does not include:
881     (a)  A school bus as defined in s. 316.003(45).
882     (b)  A bus used for the transportation of persons for
883compensation, other than a bus regularly used to transport
884children to or from school, as defined in s. 316.615(1) (b), or
885in conjunction with school activities.
886     (c)  A farm tractor or implement of husbandry.
887     (d)  A truck having a gross vehicle weight rating of more
888than 26,000 of net weight of more than 5,000 pounds.
889     (e)  A motorcycle, moped, or bicycle.
890     Section 11.  Paragraph (a) of subsection (3) of section
891316.614, Florida Statutes, is amended to read:
892     316.614  Safety belt usage.--
893     (3)  As used in this section:
894     (a)  "Motor vehicle" means a motor vehicle as defined in s.
895316.003 which that is operated on the roadways, streets, and
896highways of this state. The term does not include:
897     1.  A school bus.
898     2.  A bus used for the transportation of persons for
899compensation.
900     3.  A farm tractor or implement of husbandry.
901     4.  A truck having a gross vehicle weight rating of more
902than 26,000 of a net weight of more than 5,000 pounds.
903     5.  A motorcycle, moped, or bicycle.
904     Section 12.  Paragraph (a) of subsection (2) of section
905316.656, Florida Statutes, is amended to read:
906     316.656  Mandatory adjudication; prohibition against
907accepting plea to lesser included offense.--
908     (2)(a)  No trial judge may accept a plea of guilty to a
909lesser offense from a person charged under the provisions of
910this act who has been given a breath or blood test to determine
911blood or breath alcohol content, the results of which show a
912blood or breath alcohol content by weight of 0.15 0.20 percent
913or more.
914     Section 13.  Section 322.64, Florida Statutes, is amended
915to read:
916     322.64  Holder of commercial driver's license; persons
917operating a commercial motor vehicle; driving with unlawful
918blood-alcohol level; refusal to submit to breath, urine, or
919blood test.--
920     (1)(a)  A law enforcement officer or correctional officer
921shall, on behalf of the department, disqualify from operating
922any commercial motor vehicle a person who while operating or in
923actual physical control of a commercial motor vehicle is
924arrested for a violation of s. 316.193, relating to unlawful
925blood-alcohol level or breath-alcohol level, or a person who has
926refused to submit to a breath, urine, or blood test authorized
927by s. 322.63 arising out of the operation or actual physical
928control of a commercial motor vehicle. A law enforcement officer
929or correctional officer shall, on behalf of the department,
930disqualify the holder of a commercial driver's license from
931operating any commercial motor vehicle if the licenseholder,
932while operating or in actual physical control of a motor
933vehicle, is arrested for a violation of s. 316.193, relating to
934unlawful blood-alcohol level or breath-alcohol level, or refused
935to submit to a breath, urine, or blood test authorized by s.
936322.63. Upon disqualification of the person, the officer shall
937take the person's driver's license and issue the person a 10-day
938temporary permit for the operation of noncommercial vehicles
939only if the person is otherwise eligible for the driving
940privilege and shall issue the person a notice of
941disqualification. If the person has been given a blood, breath,
942or urine test, the results of which are not available to the
943officer at the time of the arrest, the agency employing the
944officer shall transmit such results to the department within 5
945days after receipt of the results. If the department then
946determines that the person was arrested for a violation of s.
947316.193 and that the person had a blood-alcohol level or breath-
948alcohol level of 0.08 or higher, the department shall disqualify
949the person from operating a commercial motor vehicle pursuant to
950subsection (3).
951     (b)  The disqualification under paragraph (a) shall be
952pursuant to, and the notice of disqualification shall inform the
953driver of, the following:
954     1.a.  The driver refused to submit to a lawful breath,
955blood, or urine test and he or she is disqualified from
956operating a commercial motor vehicle for a period of 1 year, for
957a first refusal, or permanently, if he or she has previously
958been disqualified as a result of a refusal to submit to such a
959test; or
960     b.  The driver was driving or in actual physical control of
961a commercial motor vehicle, or any motor vehicle if the driver
962holds a commercial driver's license, had an unlawful blood-
963alcohol level or breath-alcohol level of 0.08 or higher, and his
964or her driving privilege shall be disqualified for a period of 1
965year for a first offense or permanently disqualified if his or
966her driving privilege has been previously disqualified under
967this section. violated s. 316.193 by driving with an unlawful
968blood-alcohol level and he or she is disqualified from operating
969a commercial motor vehicle for a period of 6 months for a first
970offense or for a period of 1 year if he or she has previously
971been disqualified, or his or her driving privilege has been
972previously suspended, for a violation of s. 316.193.
973     2.  The disqualification period for operating commercial
974vehicles shall commence on the date of arrest or issuance of the
975notice of disqualification, whichever is later.
976     3.  The driver may request a formal or informal review of
977the disqualification by the department within 10 days after the
978date of arrest or issuance of the notice of disqualification,
979whichever is later.
980     4.  The temporary permit issued at the time of arrest or
981disqualification expires will expire at midnight of the 10th day
982following the date of disqualification.
983     5.  The driver may submit to the department any materials
984relevant to the disqualification arrest.
985     (2)  Except as provided in paragraph (1)(a), the law
986enforcement officer shall forward to the department, within 5
987days after the date of the arrest or the issuance of the notice
988of disqualification, whichever is later, a copy of the notice of
989disqualification, the driver's license of the person
990disqualified arrested, and a report of the arrest, including, if
991applicable, an affidavit stating the officer's grounds for
992belief that the person disqualified arrested was operating or in
993actual physical control of a commercial motor vehicle, or holds
994a commercial driver's license, and had an unlawful blood-alcohol
995or breath-alcohol level in violation of s. 316.193; the results
996of any breath or blood or urine test or an affidavit stating
997that a breath, blood, or urine test was requested by a law
998enforcement officer or correctional officer and that the person
999arrested refused to submit; a copy of the notice of
1000disqualification citation issued to the person arrested; and the
1001officer's description of the person's field sobriety test, if
1002any. The failure of the officer to submit materials within the
10035-day period specified in this subsection or subsection (1) does
1004shall not affect the department's ability to consider any
1005evidence submitted at or prior to the hearing. The officer may
1006also submit a copy of a videotape of the field sobriety test or
1007the attempt to administer such test and a copy of the crash
1008report, if any.
1009     (3)  If the department determines that the person arrested
1010should be disqualified from operating a commercial motor vehicle
1011pursuant to this section and if the notice of disqualification
1012has not already been served upon the person by a law enforcement
1013officer or correctional officer as provided in subsection (1),
1014the department shall issue a notice of disqualification and,
1015unless the notice is mailed pursuant to s. 322.251, a temporary
1016permit which expires 10 days after the date of issuance if the
1017driver is otherwise eligible.
1018     (4)  If the person disqualified arrested requests an
1019informal review pursuant to subparagraph (1)(b)3., the
1020department shall conduct the informal review by a hearing
1021officer employed by the department. Such informal review hearing
1022shall consist solely of an examination by the department of the
1023materials submitted by a law enforcement officer or correctional
1024officer and by the person disqualified arrested, and the
1025presence of an officer or witness is not required.
1026     (5)  After completion of the informal review, notice of the
1027department's decision sustaining, amending, or invalidating the
1028disqualification must be provided to the person. Such notice
1029must be mailed to the person at the last known address shown on
1030the department's records, and to the address provided in the law
1031enforcement officer's report if such address differs from the
1032address of record, within 21 days after the expiration of the
1033temporary permit issued pursuant to subsection (1) or subsection
1034(3).
1035     (6)(a)  If the person disqualified arrested requests a
1036formal review, the department must schedule a hearing to be held
1037within 30 days after such request is received by the department
1038and must notify the person of the date, time, and place of the
1039hearing.
1040     (b)  Such formal review hearing shall be held before a
1041hearing officer employed by the department, and the hearing
1042officer shall be authorized to administer oaths, examine
1043witnesses and take testimony, receive relevant evidence, issue
1044subpoenas for the officers and witnesses identified in documents
1045as provided in subsection (2), regulate the course and conduct
1046of the hearing, and make a ruling on the disqualification. The
1047department and the person disqualified arrested may subpoena
1048witnesses, and the party requesting the presence of a witness
1049shall be responsible for the payment of any witness fees. If the
1050person who requests a formal review hearing fails to appear and
1051the hearing officer finds such failure to be without just cause,
1052the right to a formal hearing is waived and the department shall
1053conduct an informal review of the disqualification under
1054subsection (4).
1055     (c)  A party may seek enforcement of a subpoena under
1056paragraph (b) by filing a petition for enforcement in the
1057circuit court of the judicial circuit in which the person
1058failing to comply with the subpoena resides. A failure to comply
1059with an order of the court shall result in a finding of contempt
1060of court. However, a person shall not be in contempt while a
1061subpoena is being challenged.
1062     (d)  The department must, within 7 days after a formal
1063review hearing, send notice to the person of the hearing
1064officer's decision as to whether sufficient cause exists to
1065sustain, amend, or invalidate the disqualification.
1066     (7)  In a formal review hearing under subsection (6) or an
1067informal review hearing under subsection (4), the hearing
1068officer shall determine by a preponderance of the evidence
1069whether sufficient cause exists to sustain, amend, or invalidate
1070the disqualification. The scope of the review shall be limited
1071to the following issues:
1072     (a)  If the person was disqualified from operating a
1073commercial motor vehicle for driving with an unlawful blood-
1074alcohol level in violation of s. 316.193:
1075     1.  Whether the arresting law enforcement officer had
1076probable cause to believe that the person was driving or in
1077actual physical control of a commercial motor vehicle, or any
1078motor vehicle if the driver holds a commercial driver's license,
1079in this state while he or she had any alcohol, chemical
1080substances, or controlled substances in his or her body.
1081     2.  Whether the person was placed under lawful arrest for a
1082violation of s. 316.193.
1083     2.3.  Whether the person had an unlawful blood-alcohol
1084level or breath-alcohol level of 0.08 or higher as provided in
1085s. 316.193.
1086     (b)  If the person was disqualified from operating a
1087commercial motor vehicle for refusal to submit to a breath,
1088blood, or urine test:
1089     1.  Whether the law enforcement officer had probable cause
1090to believe that the person was driving or in actual physical
1091control of a commercial motor vehicle, or any motor vehicle if
1092the driver holds a commercial driver's license, in this state
1093while he or she had any alcohol, chemical substances, or
1094controlled substances in his or her body.
1095     2.  Whether the person refused to submit to the test after
1096being requested to do so by a law enforcement officer or
1097correctional officer.
1098     3.  Whether the person was told that if he or she refused
1099to submit to such test he or she would be disqualified from
1100operating a commercial motor vehicle for a period of 1 year or,
1101in the case of a second refusal, permanently.
1102     (8)  Based on the determination of the hearing officer
1103pursuant to subsection (7) for both informal hearings under
1104subsection (4) and formal hearings under subsection (6), the
1105department shall:
1106     (a)  Sustain the disqualification for a period of 1 year
1107for a first refusal, or permanently if such person has been
1108previously disqualified from operating a commercial motor
1109vehicle as a result of a refusal to submit to such tests. The
1110disqualification period commences on the date of the arrest or
1111issuance of the notice of disqualification, whichever is later.
1112     (b)  Sustain the disqualification:
1113     1.  For a period of 1 year if the person was driving or in
1114actual physical control of a commercial motor vehicle, or any
1115motor vehicle if the driver holds a commercial driver's license,
1116and had an unlawful blood-alcohol level or breath-alcohol level
1117of 0.08 or higher; or 6 months for a violation of s. 316.193 or
1118for a period of 1 year
1119     2.  Permanently if the person has been previously
1120disqualified from operating a commercial motor vehicle or his or
1121her driving privilege has been previously suspended for driving
1122or being in actual physical control of a commercial motor
1123vehicle, or any motor vehicle if the driver holds a commercial
1124driver's license, and had an unlawful blood-alcohol level or
1125breath-alcohol level of 0.08 or higher as a result of a
1126violation of s. 316.193.
1127
1128The disqualification period commences on the date of the arrest
1129or issuance of the notice of disqualification, whichever is
1130later.
1131     (9)  A request for a formal review hearing or an informal
1132review hearing shall not stay the disqualification. If the
1133department fails to schedule the formal review hearing to be
1134held within 30 days after receipt of the request therefor, the
1135department shall invalidate the disqualification. If the
1136scheduled hearing is continued at the department's initiative,
1137the department shall issue a temporary driving permit limited to
1138noncommercial vehicles which is shall be valid until the hearing
1139is conducted if the person is otherwise eligible for the driving
1140privilege. Such permit shall not be issued to a person who
1141sought and obtained a continuance of the hearing. The permit
1142issued under this subsection shall authorize driving for
1143business purposes or employment use only.
1144     (10)  A person who is disqualified from operating a
1145commercial motor vehicle under subsection (1) or subsection (3)
1146is eligible for issuance of a license for business or employment
1147purposes only under s. 322.271 if the person is otherwise
1148eligible for the driving privilege. However, such business or
1149employment purposes license shall not authorize the driver to
1150operate a commercial motor vehicle.
1151     (11)  The formal review hearing may be conducted upon a
1152review of the reports of a law enforcement officer or a
1153correctional officer, including documents relating to the
1154administration of a breath test or blood test or the refusal to
1155take either test. However, as provided in subsection (6), the
1156driver may subpoena the officer or any person who administered
1157or analyzed a breath or blood test.
1158     (12)  The formal review hearing and the informal review
1159hearing are exempt from the provisions of chapter 120. The
1160department is authorized to adopt rules for the conduct of
1161reviews under this section.
1162     (13)  A person may appeal any decision of the department
1163sustaining the disqualification from operating a commercial
1164motor vehicle by a petition for writ of certiorari to the
1165circuit court in the county wherein such person resides or
1166wherein a formal or informal review was conducted pursuant to s.
1167322.31. However, an appeal shall not stay the disqualification.
1168This subsection shall not be construed to provide for a de novo
1169appeal.
1170     (14)  The decision of the department under this section
1171shall not be considered in any trial for a violation of s.
1172316.193, s. 322.61, or s. 322.62, nor shall any written
1173statement submitted by a person in his or her request for
1174departmental review under this section be admissible into
1175evidence against him or her in any such trial. The disposition
1176of any related criminal proceedings shall not affect a
1177disqualification imposed pursuant to this section.
1178     (15)  This section does not preclude the suspension of the
1179driving privilege pursuant to s. 322.2615. The driving privilege
1180of a person who has been disqualified from operating a
1181commercial motor vehicle also may be suspended for a violation
1182of s. 316.193.
1183     Section 14.  Notwithstanding any law to the contrary, a
1184county, municipality, or special district may not own or operate
1185an asphalt plant or a portable or stationary concrete batch
1186plant having an independent mixer; however, this prohibition
1187does not apply to any county that owns or is under contract to
1188purchase an asphalt plant as of April 15, 2008, and that
1189furnishes its plant-generated asphalt solely for use by local
1190governments or company's under contract with local governments
1191for projects within the boundaries of such county. Sale of plant
1192generated asphalt to private entities or local governments
1193outside the boundaries of such county is prohibited.
1194     Section 15.  Paragraph (g) of subsection (5) of section
1195337.0261, Florida Statutes, is amended to read:
1196     337.0261  Construction aggregate materials.--
1197     (5)  STRATEGIC AGGREGATES REVIEW TASK FORCE.--
1198     (g)  The task force shall be dissolved on June 30, 2009
1199July 1, 2008.
1200     Section 16.  Paragraph (a) of subsection (7) of section
1201337.11, Florida Statutes, is amended to read:
1202     337.11  Contracting authority of department; bids;
1203emergency repairs, supplemental agreements, and change orders;
1204combined design and construction contracts; progress payments;
1205records; requirements of vehicle registration.--
1206     (7)(a)  If the head of the department determines that it is
1207in the best interests of the public, the department may combine
1208the design and construction phases of a building, a major
1209bridge, a limited access facility, or a rail corridor project
1210into a single contract. Such contract is referred to as a
1211design-build contract. The department's goal shall be to procure
1212up to 25 percent of the construction contracts that add capacity
1213in the 5-year adopted work program as design-build contracts by
1214July 1, 2013. Design-build contracts may be advertised and
1215awarded notwithstanding the requirements of paragraph (3)(c).
1216However, construction activities may not begin on any portion of
1217such projects for which the department has not yet obtained
1218title to the necessary rights-of-way and easements for the
1219construction of that portion of the project has vested in the
1220state or a local governmental entity and all railroad crossing
1221and utility agreements have been executed. Title to rights-of-
1222way shall be deemed to have vested in the state when the title
1223has been dedicated to the public or acquired by prescription.
1224     Section 17.  Subsection (7) of section 337.14, Florida
1225Statutes, is amended to read:
1226     337.14  Application for qualification; certificate of
1227qualification; restrictions; request for hearing.--
1228     (7)  No "contractor" as defined in s. 337.165(1)(d) or his
1229or her "affiliate" as defined in s. 337.165(1)(a) qualified with
1230the department under this section may also qualify under s.
1231287.055 or s. 337.105 to provide testing services, construction,
1232engineering, and inspection services to the department. This
1233limitation shall not apply to any design-build prequalification
1234under s. 337.11(8)(7).
1235     Section 18.  Paragraph (a) of subsection (2) of section
1236337.16, Florida Statutes, is amended to read:
1237     337.16  Disqualification of delinquent contractors from
1238bidding; determination of contractor nonresponsibility; denial,
1239suspension, and revocation of certificates of qualification;
1240grounds; hearing.--
1241     (2)  For reasons other than delinquency in progress, the
1242department, for good cause, may determine any contractor not
1243having a certificate of qualification nonresponsible for a
1244specified period of time or may deny, suspend, or revoke any
1245certificate of qualification. Good cause includes, but is not
1246limited to, circumstances in which a contractor or the
1247contractor's official representative:
1248     (a)  Makes or submits to the department false, deceptive,
1249or fraudulent statements or materials in any bid proposal to the
1250department, any application for a certificate of qualification,
1251any certification of payment pursuant to s. 337.11(11)(10), or
1252any administrative or judicial proceeding;
1253     Section 19.  Paragraph (b) of subsection (1) of section
1254337.18 is amended to read:
1255     337.18  Surety bonds for construction or maintenance
1256contracts; requirement with respect to contract award; bond
1257requirements; defaults; damage assessments.--
1258     (1)
1259     (b)  Prior to beginning any work under the contract, the
1260contractor shall maintain a copy of the payment and performance
1261bond required under this section at its principal place of
1262business and at the jobsite office, if one is established, and
1263the contractor shall provide a copy of the payment and
1264performance bond within 5 days after receipt of any written
1265request therefor. A copy of the payment and performance bond
1266required under this section may also be obtained directly from
1267the department via a request made pursuant to chapter 119. Upon
1268execution of the contract, and prior to beginning any work under
1269the contract, the contractor shall record in the public records
1270of the county where the improvement is located the payment and
1271performance bond required under this section. A claimant shall
1272have a right of action against the contractor and surety for the
1273amount due him or her, including unpaid finance charges due
1274under the claimant's contract. Such action shall not involve the
1275department in any expense.
1276     Section 20.  Subsections (1), (2), and (7) of section
1277337.185, Florida Statutes, are amended to read:
1278     337.185  State Arbitration Board.--
1279     (1)  To facilitate the prompt settlement of claims for
1280additional compensation arising out of construction and
1281maintenance contracts between the department and the various
1282contractors with whom it transacts business, the Legislature
1283does hereby establish the State Arbitration Board, referred to
1284in this section as the "board." For the purpose of this section,
1285"claim" shall mean the aggregate of all outstanding claims by a
1286party arising out of a construction or maintenance contract.
1287Every contractual claim in an amount up to $250,000 per contract
1288or, at the claimant's option, up to $500,000 per contract or,
1289upon agreement of the parties, up to $1 million per contract
1290that cannot be resolved by negotiation between the department
1291and the contractor shall be arbitrated by the board after
1292acceptance of the project by the department. As an exception,
1293either party to the dispute may request that the claim be
1294submitted to binding private arbitration. A court of law may not
1295consider the settlement of such a claim until the process
1296established by this section has been exhausted.
1297     (2)  The board shall be composed of three members. One
1298member shall be appointed by the head of the department, and one
1299member shall be elected by those construction or maintenance
1300companies who are under contract with the department. The third
1301member shall be chosen by agreement of the other two members.
1302Whenever the third member has a conflict of interest regarding
1303affiliation with one of the parties, the other two members shall
1304select an alternate member for that hearing. The head of the
1305department may select an alternative or substitute to serve as
1306the department member for any hearing or term. Each member shall
1307serve a 2-year term. The board shall elect a chair, each term,
1308who shall be the administrator of the board and custodian of its
1309records.
1310     (7)  The members of the board may receive compensation for
1311the performance of their duties hereunder, from administrative
1312fees received by the board, except that no employee of the
1313department may receive compensation from the board. The
1314compensation amount shall be determined by the board, but shall
1315not exceed $125 per hour, up to a maximum of $1,000 per day for
1316each member authorized to receive compensation. Nothing in this
1317section shall prevent the member elected by construction or
1318maintenance companies from being an employee of an association
1319affiliated with the industry, even if the sole responsibility of
1320that member is service on the board. Travel expenses for the
1321industry member may be paid by an industry association, if
1322necessary. The board may allocate funds annually for clerical
1323and other administrative services.
1324     Section 21.  Subsection (1) of section 337.403, Florida
1325Statutes, is amended to read:
1326     337.403  Relocation of utility; expenses.--
1327     (1)  Any utility heretofore or hereafter placed upon,
1328under, over, or along any public road or publicly owned rail
1329corridor that is found by the authority to be unreasonably
1330interfering in any way with the convenient, safe, or continuous
1331use, or the maintenance, improvement, extension, or expansion,
1332of such public road or publicly owned rail corridor shall, upon
133330 days' written notice to the utility or its agent by the
1334authority, be removed or relocated by such utility at its own
1335expense except as provided in paragraphs (a)-(f) (a), (b), and
1336(c).
1337     (a)  If the relocation of utility facilities, as referred
1338to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
1339627 of the 84th Congress, is necessitated by the construction of
1340a project on the federal-aid interstate system, including
1341extensions thereof within urban areas, and the cost of such
1342project is eligible and approved for reimbursement by the
1343Federal Government to the extent of 90 percent or more under the
1344Federal Aid Highway Act, or any amendment thereof, then in that
1345event the utility owning or operating such facilities shall
1346relocate such facilities upon order of the department, and the
1347state shall pay the entire expense properly attributable to such
1348relocation after deducting therefrom any increase in the value
1349of the new facility and any salvage value derived from the old
1350facility.
1351     (b)  When a joint agreement between the department and the
1352utility is executed for utility improvement, relocation, or
1353removal work to be accomplished as part of a contract for
1354construction of a transportation facility, the department may
1355participate in those utility improvement, relocation, or removal
1356costs that exceed the department's official estimate of the cost
1357of such work by more than 10 percent. The amount of such
1358participation shall be limited to the difference between the
1359official estimate of all the work in the joint agreement plus 10
1360percent and the amount awarded for this work in the construction
1361contract for such work. The department may not participate in
1362any utility improvement, relocation, or removal costs that occur
1363as a result of changes or additions during the course of the
1364contract.
1365     (c)  When an agreement between the department and utility
1366is executed for utility improvement, relocation, or removal work
1367to be accomplished in advance of a contract for construction of
1368a transportation facility, the department may participate in the
1369cost of clearing and grubbing necessary to perform such work.
1370     (d)  If the utility facility being removed or relocated was
1371initially installed to exclusively serve the department, its
1372tenants, or both the department and its tenants, the department
1373shall bear the costs of removal or relocation of that utility
1374facility. The department shall not be responsible, however, for
1375bearing the cost of removal or relocation of any subsequent
1376additions to that facility for the purpose of serving others.
1377     (e)  If, pursuant to an agreement between a utility and the
1378authority entered into after the effective date of this
1379subsection, the utility conveys, subordinates, or relinquishes a
1380compensable property right to the authority for the purpose of
1381accommodating the acquisition or use of the right-of-way by the
1382authority, without the agreement expressly addressing future
1383responsibility for cost of removal or relocation of the utility,
1384then the authority shall bear the cost of such removal or
1385relocation. Nothing in this paragraph is intended to impair or
1386restrict, or be used to interpret, the terms of any such
1387agreement entered into prior to the effective date of this
1388paragraph.
1389     (f)  If the utility is an electric facility being relocated
1390underground in order to enhance vehicular, bicycle, and
1391pedestrian safety and in which ownership of the electric
1392facility to be placed underground has been transferred from a
1393private to a public utility within the past 5 years, the
1394department shall incur all costs of the relocation.
1395     Section 22.  Subsections (4) and (5) of section 337.408,
1396Florida Statutes, are amended, subsection (7) is renumbered as
1397subsection (8), and a new subsection (7) is added to that
1398section, to read:
1399     337.408  Regulation of benches, transit shelters, street
1400light poles, waste disposal receptacles, and modular news racks
1401within rights-of-way.--
1402     (4)  The department has the authority to direct the
1403immediate relocation or removal of any bench, transit shelter,
1404waste disposal receptacle, public pay telephone, or modular news
1405rack which endangers life or property, except that transit bus
1406benches which have been placed in service prior to April 1,
14071992, are not required to comply with bench size and advertising
1408display size requirements which have been established by the
1409department prior to March 1, 1992. Any transit bus bench that
1410was in service prior to April 1, 1992, may be replaced with a
1411bus bench of the same size or smaller, if the bench is damaged
1412or destroyed or otherwise becomes unusable. The department is
1413authorized to adopt rules relating to the regulation of bench
1414size and advertising display size requirements. If a
1415municipality or county within which a bench is to be located has
1416adopted an ordinance or other applicable regulation that
1417establishes bench size or advertising display sign requirements
1418different from requirements specified in department rule, the
1419local government requirement shall be applicable within the
1420respective municipality or county. Placement of any bench or
1421advertising display on the National Highway System under a local
1422ordinance or regulation adopted pursuant to this subsection
1423shall be subject to approval of the Federal Highway
1424Administration.
1425     (5)  No bench, transit shelter, waste disposal receptacle,
1426public pay telephone, or modular news rack, or advertising
1427thereon, shall be erected or so placed on the right-of-way of
1428any road which conflicts with the requirements of federal law,
1429regulations, or safety standards, thereby causing the state or
1430any political subdivision the loss of federal funds. Competition
1431among persons seeking to provide bench, transit shelter, waste
1432disposal receptacle, or modular news rack services or
1433advertising on such benches, shelters, receptacles, or news
1434racks may be regulated, restricted, or denied by the appropriate
1435local government entity consistent with the provisions of this
1436section.
1437     (7)  Public pay telephones, including advertising displayed
1438thereon, may be installed within the right-of-way limits of any
1439municipal, county, or state road, except on a limited access
1440highway, provided that such pay telephones are installed by a
1441provider duly authorized and regulated by the Public Service
1442Commission pursuant to s. 364.3375, that such pay telephones are
1443operated in accordance with all applicable state and federal
1444telecommunications regulations, and that written authorization
1445has been given to a public pay telephone provider by the
1446appropriate municipal or county government. Each advertisement
1447shall be limited to a size no greater than 8 square feet and no
1448public pay telephone booth shall display more than 3 such
1449advertisements at any given time. No advertisements shall be
1450allowed on public pay telephones located in rest areas, welcome
1451centers, and other such facilities located on an interstate
1452highway.
1453     Section 23.  Subsection (6) is added to section 338.01,
1454Florida Statutes, to read:
1455     338.01  Authority to establish and regulate limited access
1456facilities.--
1457     (6)  All new limited access facilities and existing
1458transportation facilities on which new or replacement electronic
1459toll collection systems are installed shall be interoperable
1460with the department's electronic toll collection system.
1461     Section 24.  Present subsections (7) and (8) of section
1462338.165, Florida Statutes, are redesignated as subsections (8)
1463and (9), respectively, and a new subsection (7) is added to that
1464section, to read:
1465     338.165  Continuation of tolls.--
1466     (7)  This section does not apply to high-occupancy toll
1467lanes or express lanes.
1468     Section 25.  Section 338.166, Florida Statutes, is created
1469to read:
1470     338.166  High-occupancy toll lanes or express lanes.--
1471     (1)  Under s. 11, Art. VII of the State Constitution, the
1472department may request the Division of Bond Finance to issue
1473bonds secured by toll revenues collected on high-occupancy toll
1474lanes or express lanes located on Interstate 95 in Miami-Dade
1475and Broward Counties.
1476     (2)  The department may continue to collect the toll on the
1477high-occupancy toll lanes or express lanes after the discharge
1478of any bond indebtedness related to such project. All tolls so
1479collected shall first be used to pay the annual cost of the
1480operation, maintenance, and improvement of the high-occupancy
1481toll lanes or express lanes project or associated transportation
1482system.
1483     (3)  Any remaining toll revenue from the high-occupancy
1484toll lanes or express lanes shall be used by the department for
1485the construction, maintenance, or improvement of any road on the
1486State Highway System.
1487     (4)  The department is authorized to implement variable
1488rate tolls on high-occupancy toll lanes or express lanes.
1489     (5)  Except for high-occupancy toll lanes or express lanes,
1490tolls may not be charged for use of an interstate highway where
1491tolls were not charged as of July 1, 1997.
1492     (6)  This section does not apply to the turnpike system as
1493defined under the Florida Turnpike Enterprise Law.
1494     Section 26.  Paragraphs (d) and (e) are added to subsection
1495(1) of section 338.2216, Florida Statutes, to read:
1496     338.2216  Florida Turnpike Enterprise; powers and
1497authority.--
1498     (1)
1499     (d)  The Florida Turnpike Enterprise is directed to pursue
1500and implement new technologies and processes in its operations
1501and collection of tolls and the collection of other amounts
1502associated with road and infrastructure usage. Such technologies
1503and processes shall include, without limitation, video billing
1504and variable pricing.
1505     (e)1.  The Florida Turnpike Enterprise shall not under any
1506circumstances contract with any vendor for the retail sale of
1507fuel along the Florida Turnpike if such contract is negotiated
1508or bid together with any other contract, including, but not
1509limited to, the retail sale of food, maintenance services, or
1510construction, with the exception that any contract for the
1511retail sale of fuel along the Florida Turnpike shall be bid and
1512contracted together with the retail sale of food at any
1513convenience store attached to the fuel station.
1514     2.  All contracts related to service plazas, including, but
1515not limited to, the sale of fuel, the retail sale of food,
1516maintenance services, or construction, except for services
1517provided as defined in s. 287.055(2)(a), awarded by the Florida
1518Turnpike Enterprise shall be procured through individual
1519competitive solicitations and awarded to the most cost-effective  
1520responder. This paragraph does not prohibit the award of more
1521than one individual contract to a single vendor if he or she
1522submits the most cost-effective response.
1523     Section 27.  Paragraph (b) of subsection (1) of section
1524338.223, Florida Statutes, is amended to read:
1525     338.223  Proposed turnpike projects.--
1526     (1)
1527     (b)  Any proposed turnpike project or improvement shall be
1528developed in accordance with the Florida Transportation Plan and
1529the work program pursuant to s. 339.135. Turnpike projects that
1530add capacity, alter access, affect feeder roads, or affect the
1531operation of the local transportation system shall be included
1532in the transportation improvement plan of the affected
1533metropolitan planning organization. If such turnpike project
1534does not fall within the jurisdiction of a metropolitan planning
1535organization, the department shall notify the affected county
1536and provide for public hearings in accordance with s.
1537339.155(5)(6)(c).
1538     Section 28.  Section 338.231, Florida Statutes, is amended
1539to read:
1540     338.231  Turnpike tolls, fixing; pledge of tolls and other
1541revenues.--The department shall at all times fix, adjust,
1542charge, and collect such tolls and amounts for the use of the
1543turnpike system as are required in order to provide a fund
1544sufficient with other revenues of the turnpike system to pay the
1545cost of maintaining, improving, repairing, and operating such
1546turnpike system; to pay the principal of and interest on all
1547bonds issued to finance or refinance any portion of the turnpike
1548system as the same become due and payable; and to create
1549reserves for all such purposes.
1550     (1)  In the process of effectuating toll rate increases
1551over the period 1988 through 1992, the department shall, to the
1552maximum extent feasible, equalize the toll structure, within
1553each vehicle classification, so that the per mile toll rate will
1554be approximately the same throughout the turnpike system. New
1555turnpike projects may have toll rates higher than the uniform
1556system rate where such higher toll rates are necessary to
1557qualify the project in accordance with the financial criteria in
1558the turnpike law. Such higher rates may be reduced to the
1559uniform system rate when the project is generating sufficient
1560revenues to pay the full amount of debt service and operating
1561and maintenance costs at the uniform system rate. If, after 15
1562years of opening to traffic, the annual revenue of a turnpike
1563project does not meet or exceed the annual debt service
1564requirements and operating and maintenance costs attributable to
1565such project, the department shall, to the maximum extent
1566feasible, establish a toll rate for the project which is higher
1567than the uniform system rate as necessary to meet such annual
1568debt service requirements and operating and maintenance costs.
1569The department may, to the extent feasible, establish a
1570temporary toll rate at less than the uniform system rate for the
1571purpose of building patronage for the ultimate benefit of the
1572turnpike system. In no case shall the temporary rate be
1573established for more than 1 year. The requirements of this
1574subsection shall not apply when the application of such
1575requirements would violate any covenant established in a
1576resolution or trust indenture relating to the issuance of
1577turnpike bonds.
1578     (1)(2)  Notwithstanding any other provision of law, the
1579department may defer the scheduled July 1, 1993, toll rate
1580increase on the Homestead Extension of the Florida Turnpike
1581until July 1, 1995. The department may also advance funds to the
1582Turnpike General Reserve Trust Fund to replace estimated lost
1583revenues resulting from this deferral. The amount advanced must
1584be repaid within 12 years from the date of advance; however, the
1585repayment is subordinate to all other debt financing of the
1586turnpike system outstanding at the time repayment is due.
1587     (2)(3)  The department shall publish a proposed change in
1588the toll rate for the use of an existing toll facility, in the
1589manner provided for in s. 120.54, which will provide for public
1590notice and the opportunity for a public hearing before the
1591adoption of the proposed rate change. When the department is
1592evaluating a proposed turnpike toll project under s. 338.223 and
1593has determined that there is a high probability that the project
1594will pass the test of economic feasibility predicated on
1595proposed toll rates, the toll rate that is proposed to be
1596charged after the project is constructed must be adopted during
1597the planning and project development phase of the project, in
1598the manner provided for in s. 120.54, including public notice
1599and the opportunity for a public hearing. For such a new
1600project, the toll rate becomes effective upon the opening of the
1601project to traffic.
1602     (3)(a)(4)  For the period July 1, 1998, through June 30,
16032017, the department shall, to the maximum extent feasible,
1604program sufficient funds in the tentative work program such that
1605the percentage of turnpike toll and bond financed commitments in
1606Dade County, Broward County, and Palm Beach County as compared
1607to total turnpike toll and bond financed commitments shall be at
1608least 90 percent of the share of net toll collections
1609attributable to users of the turnpike system in Dade County,
1610Broward County, and Palm Beach County as compared to total net
1611toll collections attributable to users of the turnpike system.
1612The requirements of this subsection do not apply when the
1613application of such requirements would violate any covenant
1614established in a resolution or trust indenture relating to the
1615issuance of turnpike bonds. The department at any time for
1616economic considerations may establish lower temporary toll rates
1617for a new or existing toll facility for a period not to exceed 1
1618year, after which the toll rates promulgated under s. 120.54
1619shall become effective.
1620     (b)  The department shall also fix, adjust, charge, and
1621collect such amounts needed to cover the costs of administering
1622the different toll collection and payment methods and types of
1623accounts being offered and utilized, in the manner provided for
1624in s. 120.54, which will provide for public notice and the
1625opportunity for a public hearing before adoption. Such amounts
1626may stand alone, or be incorporated in a toll rate structure, or
1627be a combination thereof.
1628     (4)(5)  When bonds are outstanding which have been issued
1629to finance or refinance any turnpike project, the tolls and all
1630other revenues derived from the turnpike system and pledged to
1631such bonds shall be set aside as may be provided in the
1632resolution authorizing the issuance of such bonds or the trust
1633agreement securing the same. The tolls or other revenues or
1634other moneys so pledged and thereafter received by the
1635department are immediately subject to the lien of such pledge
1636without any physical delivery thereof or further act. The lien
1637of any such pledge is valid and binding as against all parties
1638having claims of any kind in tort or contract or otherwise
1639against the department irrespective of whether such parties have
1640notice thereof. Neither the resolution nor any trust agreement
1641by which a pledge is created need be filed or recorded except in
1642the records of the department.
1643     (5)(6)  In each fiscal year while any of the bonds of the
1644Broward County Expressway Authority series 1984 and series 1986-
1645A remain outstanding, the department is authorized to pledge
1646revenues from the turnpike system to the payment of principal
1647and interest of such series of bonds and the operation and
1648maintenance expenses of the Sawgrass Expressway, to the extent
1649gross toll revenues of the Sawgrass Expressway are insufficient
1650to make such payments. The terms of an agreement relative to the
1651pledge of turnpike system revenue will be negotiated with the
1652parties of the 1984 and 1986 Broward County Expressway Authority
1653lease-purchase agreements, and subject to the covenants of those
1654agreements. The agreement shall establish that the Sawgrass
1655Expressway shall be subject to the planning, management, and
1656operating control of the department limited only by the terms of
1657the lease-purchase agreements. The department shall provide for
1658the payment of operation and maintenance expenses of the
1659Sawgrass Expressway until such agreement is in effect. This
1660pledge of turnpike system revenues shall be subordinate to the
1661debt service requirements of any future issue of turnpike bonds,
1662the payment of turnpike system operation and maintenance
1663expenses, and subject to provisions of any subsequent resolution
1664or trust indenture relating to the issuance of such turnpike
1665bonds.
1666     (6)(7)  The use and disposition of revenues pledged to
1667bonds are subject to the provisions of ss. 338.22-338.241 and
1668such regulations as the resolution authorizing the issuance of
1669such bonds or such trust agreement may provide.
1670     Section 29.  Subsection (4) of section 339.12, Florida
1671Statutes, is amended to read:
1672     339.12  Aid and contributions by governmental entities for
1673department projects; federal aid.--
1674     (4)(a)  Prior to accepting the contribution of road bond
1675proceeds, time warrants, or cash for which reimbursement is
1676sought, the department shall enter into agreements with the
1677governing body of the governmental entity for the project or
1678project phases in accordance with specifications agreed upon
1679between the department and the governing body of the
1680governmental entity. The department in no instance is to receive
1681from such governmental entity an amount in excess of the actual
1682cost of the project or project phase. By specific provision in
1683the written agreement between the department and the governing
1684body of the governmental entity, the department may agree to
1685reimburse the governmental entity for the actual amount of the
1686bond proceeds, time warrants, or cash used on a highway project
1687or project phases that are not revenue producing and are
1688contained in the department's adopted work program, or any
1689public transportation project contained in the adopted work
1690program. Subject to appropriation of funds by the Legislature,
1691the department may commit state funds for reimbursement of such
1692projects or project phases. Reimbursement to the governmental
1693entity for such a project or project phase must be made from
1694funds appropriated by the Legislature, and reimbursement for the
1695cost of the project or project phase is to begin in the year the
1696project or project phase is scheduled in the work program as of
1697the date of the agreement. Funds advanced pursuant to this
1698section, which were originally designated for transportation
1699purposes and so reimbursed to a county or municipality, shall be
1700used by the county or municipality for any transportation
1701expenditure authorized under s. 336.025(7). Also, cities and
1702counties may receive funds from persons, and reimburse those
1703persons, for the purposes of this section. Such persons may
1704include, but are not limited to, those persons defined in s.
1705607.01401(19).
1706     (b)  Prior to entering an agreement to advance a project or
1707project phase pursuant to this subsection and subsection (5),
1708the department shall first update the estimated cost of the
1709project or project phase and certify that the estimate is
1710accurate and consistent with the amount estimated in the adopted
1711work program. If the original estimate and the updated estimate
1712vary, the department shall amend the adopted work program
1713according to the amendatory procedures for the work program set
1714forth in s. 339.135(7). The amendment shall reflect all
1715corresponding increases and decreases to the affected projects
1716within the adopted work program.
1717     (c)  The department may enter into agreements under this
1718subsection for a project or project phase not included in the
1719adopted work program. As used in this paragraph, the term
1720"project phase" means acquisition of rights-of-way,
1721construction, construction inspection, and related support
1722phases. The project or project phase must be a high priority of
1723the governmental entity. Reimbursement for a project or project
1724phase must be made from funds appropriated by the Legislature
1725pursuant to s. 339.135(5). All other provisions of this
1726subsection apply to agreements entered into under this
1727paragraph. The total amount of project agreements for projects
1728or project phases not included in the adopted work program
1729authorized by this paragraph may not at any time exceed $250
1730$100 million. However, notwithstanding such $250 $100 million
1731limit and any similar limit in s. 334.30, project advances for
1732any inland county with a population greater than 500,000
1733dedicating amounts equal to $500 million or more of its Local
1734Government Infrastructure Surtax pursuant to s. 212.055(2) for
1735improvements to the State Highway System which are included in
1736the local metropolitan planning organization's or the
1737department's long-range transportation plans shall be excluded
1738from the calculation of the statewide limit of project advances.
1739     (d)  The department may enter into agreements under this
1740subsection with any county that has a population of 150,000 or
1741less as determined by the most recent official estimate pursuant
1742to s. 186.901 for a project or project phase not included in the
1743adopted work program. As used in this paragraph, the term
1744"project phase" means acquisition of rights-of-way,
1745construction, construction inspection, and related support
1746phases. The project or project phase must be a high priority of
1747the governmental entity. Reimbursement for a project or project
1748phase must be made from funds appropriated by the Legislature
1749pursuant to s. 339.135(5). All other provisions of this
1750subsection apply to agreements entered into under this
1751paragraph. The total amount of project agreements for projects
1752or project phases not included in the adopted work program
1753authorized by this paragraph may not at any time exceed $200
1754million. The project must be included in the local government's
1755adopted comprehensive plan. The department is authorized to
1756enter into long-term repayment agreements of up to 30 years.
1757     Section 30.  Paragraph (d) of subsection (7) of section
1758339.135, Florida Statutes, is amended to read:
1759     339.135  Work program; legislative budget request;
1760definitions; preparation, adoption, execution, and amendment.--
1761     (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
1762     (d)1.  Whenever the department proposes any amendment to
1763the adopted work program, as defined in subparagraph (c)1. or
1764subparagraph (c)3., which deletes or defers a construction phase
1765on a capacity project, it shall notify each county affected by
1766the amendment and each municipality within the county. The
1767notification shall be issued in writing to the chief elected
1768official of each affected county, each municipality within the
1769county, and the chair of each affected metropolitan planning
1770organization. Each affected county and each municipality in the
1771county, is encouraged to coordinate with each other to determine
1772how the amendment effects local concurrency management and
1773regional transportation planning efforts. Each affected county,
1774and each municipality within the county, shall have 14 days to
1775provide written comments to the department regarding how the
1776amendment will effect its respective concurrency management
1777systems, including whether any development permits were issued
1778contingent upon the capacity improvement, if applicable. After
1779receipt of written comments from the affected local governments,
1780the department shall include any written comments submitted by
1781such local governments in its preparation of the proposed
1782amendment.
1783     2.  Following the 14-day comment period in subparagraph 1.,
1784if applicable, whenever the department proposes any amendment to
1785the adopted work program, which amendment is defined in
1786subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
1787subparagraph (c)4., it shall submit the proposed amendment to
1788the Governor for approval and shall immediately notify the
1789chairs of the legislative appropriations committees, the chairs
1790of the legislative transportation committees, and each member of
1791the Legislature who represents a district affected by the
1792proposed amendment. It shall also notify, each metropolitan
1793planning organization affected by the proposed amendment, and
1794each unit of local government affected by the proposed
1795amendment, unless it provided to each the notification required
1796by subparagraph 1. Such proposed amendment shall provide a
1797complete justification of the need for the proposed amendment.
1798     3.2.  The Governor shall not approve a proposed amendment
1799until 14 days following the notification required in
1800subparagraph 2. 1.
1801     4.3.  If either of the chairs of the legislative
1802appropriations committees or the President of the Senate or the
1803Speaker of the House of Representatives objects in writing to a
1804proposed amendment within 14 days following notification and
1805specifies the reasons for such objection, the Governor shall
1806disapprove the proposed amendment.
1807     Section 31.  Section 339.155, Florida Statutes, is amended
1808to read:
1809     339.155  Transportation planning.--
1810     (1)  THE FLORIDA TRANSPORTATION PLAN.--The department shall
1811develop and annually update a statewide transportation plan, to
1812be known as the Florida Transportation Plan. The plan shall be
1813designed so as to be easily read and understood by the general
1814public. The purpose of the Florida Transportation Plan is to
1815establish and define the state's long-range transportation goals
1816and objectives to be accomplished over a period of at least 20
1817years within the context of the State Comprehensive Plan, and
1818any other statutory mandates and authorizations and based upon
1819the prevailing principles of: preserving the existing
1820transportation infrastructure; enhancing Florida's economic
1821competitiveness; and improving travel choices to ensure
1822mobility. The Florida Transportation Plan shall consider the
1823needs of the entire state transportation system and examine the
1824use of all modes of transportation to effectively and
1825efficiently meet such needs.
1826     (2)  SCOPE OF PLANNING PROCESS.--The department shall carry
1827out a transportation planning process in conformance with s.
1828334.046(1). which provides for consideration of projects and
1829strategies that will:
1830     (a)  Support the economic vitality of the United States,
1831Florida, and the metropolitan areas, especially by enabling
1832global competitiveness, productivity, and efficiency;
1833     (b)  Increase the safety and security of the transportation
1834system for motorized and nonmotorized users;
1835     (c)  Increase the accessibility and mobility options
1836available to people and for freight;
1837     (d)  Protect and enhance the environment, promote energy
1838conservation, and improve quality of life;
1839     (e)  Enhance the integration and connectivity of the
1840transportation system, across and between modes throughout
1841Florida, for people and freight;
1842     (f)  Promote efficient system management and operation; and
1843     (g)  Emphasize the preservation of the existing
1844transportation system.
1845     (3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida
1846Transportation Plan shall be a unified, concise planning
1847document that clearly defines the state's long-range
1848transportation goals and objectives and documents the
1849department's short-range objectives developed to further such
1850goals and objectives. The plan shall:
1851     (a)  Include a glossary that clearly and succinctly defines
1852any and all phrases, words, or terms of art included in the
1853plan, with which the general public may be unfamiliar. and shall
1854consist of, at a minimum, the following components:
1855     (b)(a)  Document A long-range component documenting the
1856goals and long-term objectives necessary to implement the
1857results of the department's findings from its examination of the
1858prevailing principles and criteria provided under listed in
1859subsection (2) and s. 334.046(1). The long-range component must
1860     (c)  Be developed in cooperation with the metropolitan
1861planning organizations and reconciled, to the maximum extent
1862feasible, with the long-range plans developed by metropolitan
1863planning organizations pursuant to s. 339.175. The plan must
1864also
1865     (d)  Be developed in consultation with affected local
1866officials in nonmetropolitan areas and with any affected Indian
1867tribal governments. The plan must
1868     (e)  Provide an examination of transportation issues likely
1869to arise during at least a 20-year period. The long-range
1870component shall
1871     (f)  Be updated at least once every 5 years, or more often
1872as necessary, to reflect substantive changes to federal or state
1873law.
1874     (b)  A short-range component documenting the short-term
1875objectives and strategies necessary to implement the goals and
1876long-term objectives contained in the long-range component. The
1877short-range component must define the relationship between the
1878long-range goals and the short-range objectives, specify those
1879objectives against which the department's achievement of such
1880goals will be measured, and identify transportation strategies
1881necessary to efficiently achieve the goals and objectives in the
1882plan. It must provide a policy framework within which the
1883department's legislative budget request, the strategic
1884information resource management plan, and the work program are
1885developed. The short-range component shall serve as the
1886department's annual agency strategic plan pursuant to s.
1887186.021. The short-range component shall be developed consistent
1888with available and forecasted state and federal funds. The
1889short-range component shall also be submitted to the Florida
1890Transportation Commission.
1891     (4)  ANNUAL PERFORMANCE REPORT.--The department shall
1892develop an annual performance report evaluating the operation of
1893the department for the preceding fiscal year. The report shall
1894also include a summary of the financial operations of the
1895department and shall annually evaluate how well the adopted work
1896program meets the short-term objectives contained in the short-
1897range component of the Florida Transportation Plan. This
1898performance report shall be submitted to the Florida
1899Transportation Commission and the legislative appropriations and
1900transportation committees.
1901     (4)(5)  ADDITIONAL TRANSPORTATION PLANS.--
1902     (a)  Upon request by local governmental entities, the
1903department may in its discretion develop and design
1904transportation corridors, arterial and collector streets,
1905vehicular parking areas, and other support facilities which are
1906consistent with the plans of the department for major
1907transportation facilities. The department may render to local
1908governmental entities or their planning agencies such technical
1909assistance and services as are necessary so that local plans and
1910facilities are coordinated with the plans and facilities of the
1911department.
1912     (b)  Each regional planning council, as provided for in s.
1913186.504, or any successor agency thereto, shall develop, as an
1914element of its strategic regional policy plan, transportation
1915goals and policies. The transportation goals and policies must
1916be prioritized to comply with the prevailing principles provided
1917in subsection (2) and s. 334.046(1). The transportation goals
1918and policies shall be consistent, to the maximum extent
1919feasible, with the goals and policies of the metropolitan
1920planning organization and the Florida Transportation Plan. The
1921transportation goals and policies of the regional planning
1922council will be advisory only and shall be submitted to the
1923department and any affected metropolitan planning organization
1924for their consideration and comments. Metropolitan planning
1925organization plans and other local transportation plans shall be
1926developed consistent, to the maximum extent feasible, with the
1927regional transportation goals and policies. The regional
1928planning council shall review urbanized area transportation
1929plans and any other planning products stipulated in s. 339.175
1930and provide the department and respective metropolitan planning
1931organizations with written recommendations which the department
1932and the metropolitan planning organizations shall take under
1933advisement. Further, the regional planning councils shall
1934directly assist local governments which are not part of a
1935metropolitan area transportation planning process in the
1936development of the transportation element of their comprehensive
1937plans as required by s. 163.3177.
1938     (c)  Regional transportation plans may be developed in
1939regional transportation areas in accordance with an interlocal
1940agreement entered into pursuant to s. 163.01 by two or more
1941contiguous metropolitan planning organizations; one or more
1942metropolitan planning organizations and one or more contiguous
1943counties, none of which is a member of a metropolitan planning
1944organization; a multicounty regional transportation authority
1945created by or pursuant to law; two or more contiguous counties
1946that are not members of a metropolitan planning organization; or
1947metropolitan planning organizations comprised of three or more
1948counties.
1949     (d)  The interlocal agreement must, at a minimum, identify
1950the entity that will coordinate the development of the regional
1951transportation plan; delineate the boundaries of the regional
1952transportation area; provide the duration of the agreement and
1953specify how the agreement may be terminated, modified, or
1954rescinded; describe the process by which the regional
1955transportation plan will be developed; and provide how members
1956of the entity will resolve disagreements regarding
1957interpretation of the interlocal agreement or disputes relating
1958to the development or content of the regional transportation
1959plan. Such interlocal agreement shall become effective upon its
1960recordation in the official public records of each county in the
1961regional transportation area.
1962     (e)  The regional transportation plan developed pursuant to
1963this section must, at a minimum, identify regionally significant
1964transportation facilities located within a regional
1965transportation area and contain a prioritized list of regionally
1966significant projects. The level-of-service standards for
1967facilities to be funded under this subsection shall be adopted
1968by the appropriate local government in accordance with s.
1969163.3180(10). The projects shall be adopted into the capital
1970improvements schedule of the local government comprehensive plan
1971pursuant to s. 163.3177(3).
1972     (5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
1973TRANSPORTATION PLANNING.--
1974     (a)  During the development of the long-range component of
1975the Florida Transportation Plan and prior to substantive
1976revisions, the department shall provide citizens, affected
1977public agencies, representatives of transportation agency
1978employees, other affected employee representatives, private
1979providers of transportation, and other known interested parties
1980with an opportunity to comment on the proposed plan or
1981revisions. These opportunities shall include, at a minimum,
1982publishing a notice in the Florida Administrative Weekly and
1983within a newspaper of general circulation within the area of
1984each department district office.
1985     (b)  During development of major transportation
1986improvements, such as those increasing the capacity of a
1987facility through the addition of new lanes or providing new
1988access to a limited or controlled access facility or
1989construction of a facility in a new location, the department
1990shall hold one or more hearings prior to the selection of the
1991facility to be provided; prior to the selection of the site or
1992corridor of the proposed facility; and prior to the selection of
1993and commitment to a specific design proposal for the proposed
1994facility. Such public hearings shall be conducted so as to
1995provide an opportunity for effective participation by interested
1996persons in the process of transportation planning and site and
1997route selection and in the specific location and design of
1998transportation facilities. The various factors involved in the
1999decision or decisions and any alternative proposals shall be
2000clearly presented so that the persons attending the hearing may
2001present their views relating to the decision or decisions which
2002will be made.
2003     (c)  Opportunity for design hearings:
2004     1.  The department, prior to holding a design hearing,
2005shall duly notify all affected property owners of record, as
2006recorded in the property appraiser's office, by mail at least 20
2007days prior to the date set for the hearing. The affected
2008property owners shall be:
2009     a.  Those whose property lies in whole or in part within
2010300 feet on either side of the centerline of the proposed
2011facility.
2012     b.  Those whom the department determines will be
2013substantially affected environmentally, economically, socially,
2014or safetywise.
2015     2.  For each subsequent hearing, the department shall
2016publish notice prior to the hearing date in a newspaper of
2017general circulation for the area affected. These notices must be
2018published twice, with the first notice appearing at least 15
2019days, but no later than 30 days, before the hearing.
2020     3.  A copy of the notice of opportunity for the hearing
2021must be furnished to the United States Department of
2022Transportation and to the appropriate departments of the state
2023government at the time of publication.
2024     4.  The opportunity for another hearing shall be afforded
2025in any case when proposed locations or designs are so changed
2026from those presented in the notices specified above or at a
2027hearing as to have a substantially different social, economic,
2028or environmental effect.
2029     5.  The opportunity for a hearing shall be afforded in each
2030case in which the department is in doubt as to whether a hearing
2031is required.
2032     Section 32.  Subsection (3) and paragraphs (b) and (c) of
2033subsection (4) of section 339.2816, Florida Statutes, are
2034amended to read:
2035     339.2816  Small County Road Assistance Program.--
2036     (3)  Beginning with fiscal year 1999-2000 until fiscal year
20372009-2010, and beginning again with fiscal year 2012-2013, up to
2038$25 million annually from the State Transportation Trust Fund
2039may be used for the purposes of funding the Small County Road
2040Assistance Program as described in this section.
2041     (4)
2042     (b)  In determining a county's eligibility for assistance
2043under this program, the department may consider whether the
2044county has attempted to keep county roads in satisfactory
2045condition, including the amount of local option fuel tax and ad
2046valorem millage rate imposed by the county. The department may
2047also consider the extent to which the county has offered to
2048provide a match of local funds with state funds provided under
2049the program. At a minimum, small counties shall be eligible only
2050if:
2051     1.  The county has enacted the maximum rate of the local
2052option fuel tax authorized by s. 336.025(1)(a)., and has imposed
2053an ad valorem millage rate of at least 8 mills; or
2054     2.  The county has imposed an ad valorem millage rate of 10
2055mills.
2056     (c)  The following criteria shall be used to prioritize
2057road projects for funding under the program:
2058     1.  The primary criterion is the physical condition of the
2059road as measured by the department.
2060     2.  As secondary criteria the department may consider:
2061     a.  Whether a road is used as an evacuation route.
2062     b.  Whether a road has high levels of agricultural travel.
2063     c.  Whether a road is considered a major arterial route.
2064     d.  Whether a road is considered a feeder road.
2065     e.  Whether a road is located in a fiscally constrained
2066county, as defined in s. 218.67(1).
2067     f.e.  Other criteria related to the impact of a project on
2068the public road system or on the state or local economy as
2069determined by the department.
2070     Section 33.  Subsections (1) and (3) of section 339.2819,
2071Florida Statutes, are amended to read:
2072     339.2819  Transportation Regional Incentive Program.--
2073     (1)  There is created within the Department of
2074Transportation a Transportation Regional Incentive Program for
2075the purpose of providing funds to improve regionally significant
2076transportation facilities in regional transportation areas
2077created pursuant to s. 339.155(4)(5).
2078     (3)  The department shall allocate funding available for
2079the Transportation Regional Incentive Program to the districts
2080based on a factor derived from equal parts of population and
2081motor fuel collections for eligible counties in regional
2082transportation areas created pursuant to s. 339.155(4)(5).
2083     Section 34.  Subsection (6) of section 339.285, Florida
2084Statutes, is amended to read:
2085     339.285  Enhanced Bridge Program for Sustainable
2086Transportation.--
2087     (6)  Preference shall be given to bridge projects located
2088on corridors that connect to the Strategic Intermodal System,
2089created under s. 339.64, and that have been identified as
2090regionally significant in accordance with s. 339.155(4)(5)(c),
2091(d), and (e).
2092     Section 35.  Subsections (8) through (14) are added to
2093section 341.301, Florida Statutes, to read:
2094     341.301  Definitions; ss. 341.302 and 341.303.--As used in
2095ss. 341.302 and 341.303, the term:
2096     (8)  "Commuter rail passenger or passengers" means and
2097includes any and all persons, ticketed or unticketed, using the
2098commuter rail service on a department owned rail corridor:
2099     (a)  On board trains, locomotives, rail cars, or rail
2100equipment employed in commuter rail service or entraining and
2101detraining therefrom;
2102     (b)  On or about the rail corridor for any purpose related
2103to the commuter rail service, including, without limitation,
2104parking, inquiring about commuter rail service or purchasing
2105tickets therefor and coming to, waiting for, leaving from, or
2106observing trains, locomotives, rail cars, or rail equipment; or
2107     (c)  Meeting, assisting, or in the company of any person
2108described in paragraph (a) or paragraph (b).
2109     (9)  "Commuter rail service" means the transportation of
2110commuter rail passengers and other passengers by rail pursuant
2111to a rail program provided by the department or any other
2112governmental entities.
2113     (10)  "Rail corridor invitee" means and includes any and
2114all persons who are on or about a department-owned rail
2115corridor:
2116     (a)  For any purpose related to any ancillary development
2117thereon; or
2118     (b)  Meeting, assisting, or in the company of any person
2119described in paragraph (a).
2120     (11)  "Rail corridor" means a linear contiguous strip of
2121real property that is used for rail service. The term includes
2122the corridor and structures essential to the operation of a
2123railroad, including the land, structures, improvements, rights-
2124of-way, easements, rail lines, rail beds, guideway structures,
2125switches, yards, parking facilities, power relays, switching
2126houses, rail stations, ancillary development, and any other
2127facilities or equipment used for the purposes of construction,
2128operation, or maintenance of a railroad that provides rail
2129service.
2130     (12)  "Railroad operations" means the use of the rail
2131corridor to conduct commuter rail service, intercity rail
2132passenger service, or freight rail service.
2133     (13)  "Ancillary development" includes any lessee or
2134licensee of the department, including, but not limited to, other
2135governmental entities, vendors, retailers, restaurateurs, or
2136contract service providers, within a department-owned rail
2137corridor, except for providers of commuter rail service,
2138intercity rail passenger service, or freight rail service.
2139     (14)  "Governmental entity or entities" means as defined in
2140s. 11.45, including a "public agency" as defined in s. 163.01.
2141     Section 36.  Section 341.302, Florida Statutes, is amended
2142to read:
2143     341.302  Rail program, duties and responsibilities of the
2144department.--The department, in conjunction with other
2145governmental entities units and the private sector, shall
2146develop and implement a rail program of statewide application
2147designed to ensure the proper maintenance, safety,
2148revitalization, and expansion of the rail system to assure its
2149continued and increased availability to respond to statewide
2150mobility needs. Within the resources provided pursuant to
2151chapter 216, and as authorized under federal law Title 49 C.F.R.
2152part 212, the department shall:
2153     (1)  Provide the overall leadership, coordination, and
2154financial and technical assistance necessary to assure the
2155effective responses of the state's rail system to current and
2156anticipated mobility needs.
2157     (2)  Promote and facilitate the implementation of advanced
2158rail systems, including high-speed rail and magnetic levitation
2159systems.
2160     (3)  Develop and periodically update the rail system plan,
2161on the basis of an analysis of statewide transportation needs.
2162The plan shall be consistent with the Florida Transportation
2163Plan developed pursuant to s. 339.155. The rail system plan
2164shall include an identification of priorities, programs, and
2165funding levels required to meet statewide needs. The rail system
2166plan shall be developed in a manner that will assure the maximum
2167use of existing facilities and the optimum integration and
2168coordination of the various modes of transportation, public and
2169private, in the most cost-effective manner possible. The rail
2170system plan shall be updated at least every 2 years and include
2171plans for both passenger rail service and freight rail service.
2172     (4)  As part of the work program of the department,
2173formulate a specific program of projects and financing to
2174respond to identified railroad needs.
2175     (5)  Provide technical and financial assistance to units of
2176local government to address identified rail transportation
2177needs.
2178     (6)  Secure and administer federal grants, loans, and
2179apportionments for rail projects within this state when
2180necessary to further the statewide program.
2181     (7)  Develop and administer state standards concerning the
2182safety and performance of rail systems, hazardous material
2183handling, and operations. Such standards shall be developed
2184jointly with representatives of affected rail systems, with full
2185consideration given to nationwide industry norms, and shall
2186define the minimum acceptable standards for safety and
2187performance.
2188     (8)  Conduct, at a minimum, inspections of track and
2189rolling stock; train signals and related equipment; hazardous
2190materials transportation, including the loading, unloading, and
2191labeling of hazardous materials at shippers', receivers', and
2192transfer points; and train operating practices to determine
2193adherence to state and federal standards. Department personnel
2194may enforce any safety regulation issued under the Federal
2195Government's preemptive authority over interstate commerce.
2196     (9)  Assess penalties, in accordance with the applicable
2197federal regulations, for the failure to adhere to the state
2198standards.
2199     (10)  Administer rail operating and construction programs,
2200which programs shall include the regulation of maximum train
2201operating speeds, the opening and closing of public grade
2202crossings, the construction and rehabilitation of public grade
2203crossings, and the installation of traffic control devices at
2204public grade crossings, the administering of the programs by the
2205department including participation in the cost of the programs.
2206     (11)  Coordinate and facilitate the relocation of railroads
2207from congested urban areas to nonurban areas when relocation has
2208been determined feasible and desirable from the standpoint of
2209safety, operational efficiency, and economics.
2210     (12)  Implement a program of branch line continuance
2211projects when an analysis of the industrial and economic
2212potential of the line indicates that public involvement is
2213required to preserve essential rail service and facilities.
2214     (13)  Provide new rail service and equipment when:
2215     (a)  Pursuant to the transportation planning process, a
2216public need has been determined to exist;
2217     (b)  The cost of providing such service does not exceed the
2218sum of revenues from fares charged to users, services purchased
2219by other public agencies, local fund participation, and specific
2220legislative appropriation for this purpose; and
2221     (c)  Service cannot be reasonably provided by other
2222governmental or privately owned rail systems.
2223
2224The department may own, lease, and otherwise encumber
2225facilities, equipment, and appurtenances thereto, as necessary
2226to provide new rail services; or the department may provide such
2227service by contracts with privately owned service providers.
2228     (14)  Furnish required emergency rail transportation
2229service if no other private or public rail transportation
2230operation is available to supply the required service and such
2231service is clearly in the best interest of the people in the
2232communities being served. Such emergency service may be
2233furnished through contractual arrangement, actual operation of
2234state-owned equipment and facilities, or any other means
2235determined appropriate by the secretary.
2236     (15)  Assist in the development and implementation of
2237marketing programs for rail services and of information systems
2238directed toward assisting rail systems users.
2239     (16)  Conduct research into innovative or potentially
2240effective rail technologies and methods and maintain expertise
2241in state-of-the-art rail developments.
2242     (17)  The department is authorized to purchase the required
2243right-of-way, improvements, and appurtenances of the A-Line rail
2244corridor from CSX Transportation, Inc., for a maximum purchase
2245price of $436 million, as supported by an appraisal, for the
2246primary purpose of implementing commuter rail service in what is
2247commonly identified as the Central Florida Rail Corridor, and
2248consisting of an approximately 61.5-mile section of the existing
2249A-Line rail corridor running from a point at or near Deland,
2250Florida to a point at or near Poinciana, Florida.
2251     (18)  In conjunction with the acquisition, ownership,
2252construction, operation, maintenance, and management of a rail
2253corridor, have the authority to:
2254     (a)  Assume the obligation by contract to forever protect,
2255defend, and indemnify and hold harmless the freight rail
2256operator, or its successors, from whom the department has
2257acquired a real property interest in the rail corridor, and that
2258freight rail operator's officers, agents, and employees, from
2259and against any liability, cost, and expense including, but not
2260limited to, commuter rail passengers, rail corridor invitees,
2261and trespassers in the rail corridor, regardless of whether the
2262loss, damage, destruction, injury, or death giving rise to any
2263such liability, cost, or expense is caused in whole or in part
2264and to whatever nature or degree by the fault, failure,
2265negligence, misconduct, nonfeasance, or misfeasance of such
2266freight rail operator, its successors, or its officers, agents,
2267and employees, or any other person or persons whomsoever,
2268provided that such assumption of liability of the department by
2269contract shall not in any instance exceed the following
2270parameters of allocation of risk:
2271     1.  The department may be solely responsible for any loss,
2272injury, or damage to commuter rail passengers, rail corridor
2273invitees, or trespassers, regardless of circumstances or cause,
2274subject to subparagraphs 2., 3., and 4.
2275     2.  When only one train is involved in an incident, the
2276department may be solely responsible for any loss, injury, or
2277damage if the train is a department train or other train
2278pursuant to subparagraph 3., but only if in an instance when
2279only a freight rail operator train is involved the freight rail
2280operator is solely responsible for any loss, injury, or damage,
2281except for commuter rail passengers, rail corridor invitees, and
2282trespassers; and, the freight rail operator is solely
2283responsible for its property and all of its people in any
2284instance when its train is involved in an incident.
2285     3.  For the purposes of this subsection, any train involved
2286in an incident that is neither the department's train nor the
2287freight rail operator's train, hereinafter referred to in this
2288subsection as an "other train," may be treated as a department
2289train, solely for purposes of any allocation of liability
2290between the department and the freight rail operator only, but
2291only if the department and the freight rail operator share
2292responsibility equally as to third parties outside the rail
2293corridor who incur loss, injury, or damage as a result of any
2294incident involving both a department train and a freight rail
2295operator train; and, the allocation as between the department
2296and the freight rail operator, regardless of whether the other
2297train is treated as a department train, shall remain one-half
2298each as to third parties outside the rail corridor who incur
2299loss, injury, or damage as a result of the incident, and the
2300involvement of any other train shall not alter the sharing of
2301equal responsibility as to third parties outside the rail
2302corridor who incur loss, injury, or damage as a result of the
2303incident.
2304     4.  When more than one train is involved in an incident:
2305     a.  If only a department train and a freight rail
2306operator's train, or only another train as described in
2307subparagraph 3. and a freight rail operator's train, are
2308involved in an incident, the department may be responsible for
2309its property and all of its people, all commuter rail
2310passengers, rail corridor invitees, and trespassers, but only if
2311the freight rail operator is responsible for its property and
2312all of its people; and the department and the freight rail
2313operator share responsibility one-half each as to third parties
2314outside the rail corridor who incur loss, injury, or damage as a
2315result of the incident.
2316     b.  If a department train, a freight rail operator train,
2317and any other train are involved in an incident, the allocation
2318of liability as between the department and the freight rail
2319operator, regardless of whether the other train is treated as a
2320department train, shall remain one-half each as to third parties
2321outside the rail corridor who incur loss, injury, or damage as a
2322result of the incident; the involvement of any other train shall
2323not alter the sharing of equal responsibility as to third
2324parties outside the rail corridor who incur loss, injury, or
2325damage as a result of the incident; and, if the owner, operator,
2326or insurer of the other train makes any payment to injured third
2327parties outside the rail corridor who incur loss, injury, or
2328damage as a result of the incident, the allocation of credit
2329between the department and the freight rail operator as to such
2330payment shall not in any case reduce the freight rail operator's
2331third party sharing allocation of one-half under this paragraph
2332to less than one-third of the total third party liability.
2333     5.  Any such contractual duty to protect, defend,
2334indemnify, and hold harmless such a freight rail operator shall
2335expressly: include a specific cap on the amount of the
2336contractual duty, which amount shall not exceed $200 million
2337without prior legislative approval; require the department to
2338purchase liability insurance and establish a self-insurance
2339retention fund in the amount of the specific cap established
2340under this paragraph; provide that no such contractual duty
2341shall in any case be effective nor otherwise extend the
2342department's liability in scope and effect beyond the
2343contractual liability insurance and self-insurance retention
2344fund required pursuant to this paragraph; and provide that the
2345freight rail operator's compensation to the department for
2346future use of the department's rail corridor shall include a
2347monetary contribution to the cost of such liability coverage for
2348the sole benefit of the freight rail operator.
2349     (b)  Purchase liability insurance which amount shall not
2350exceed $200 million and establish a self-insurance retention
2351fund for the purpose of paying the deductible limit established
2352in the insurance policies it may obtain, including coverage for
2353the department, any freight rail operator as described in
2354paragraph (a), commuter rail service providers, governmental
2355entities, or ancillary development; however, the insureds shall
2356pay a reasonable monetary contribution to the cost of such
2357liability coverage for the sole benefit of the insured. Such
2358insurance and self-insurance retention fund may provide coverage
2359for all damages, including, but not limited to, compensatory,
2360special, and exemplary, and be maintained to provide an adequate
2361fund to cover claims and liabilities for loss, injury, or damage
2362arising out of or connected with the ownership, operation,
2363maintenance, and management of a rail corridor.
2364     (c)  Incur expenses for the purchase of advertisements,
2365marketing, and promotional items.
2366
2367Neither the assumption by contract to protect, defend,
2368indemnify, and hold harmless; the purchase of insurance; nor the
2369establishment of a self-insurance retention fund shall be deemed
2370to be a waiver of any defense of sovereign immunity for torts
2371nor deemed to increase the limits of the department's or the
2372governmental entity's liability for torts as provided in s.
2373768.28. The requirements of s. 287.022(1) shall not apply to the
2374purchase of any insurance hereunder. The provisions of this
2375subsection shall apply and inure fully as to any other
2376governmental entity providing commuter rail service and
2377constructing, operating, maintaining, or managing a rail
2378corridor on publicly owned right-of-way under contract by the
2379governmental entity with the department or a governmental entity
2380designated by the department.
2381     (19)(17)  Exercise such other functions, powers, and duties
2382in connection with the rail system plan as are necessary to
2383develop a safe, efficient, and effective statewide
2384transportation system.
2385     Section 37.  Section 341.3023, Florida Statutes, is created
2386to read:
2387     341.3023  Commuter rail programs and intercity rail
2388transportation system study.--
2389     (1)  The department shall undertake a comprehensive review
2390and study of commuter railroad programs and intercity railroad
2391transportation system plans and their impacts in the state
2392through 2028.
2393     (2)  The review and study shall encompass and include
2394information concerning:
2395     (a)  Commuter rail programs and intercity rail
2396transportation system facility and improvement needs and plans,
2397including those associated with connectivity to such facilities
2398and improvements, outlined or contained in, without limitation
2399thereto, the current Florida Transportation Plan developed
2400pursuant to s. 339.155(1); regional transportation plans
2401developed pursuant to s. 339.155(5); the Strategic Intermodal
2402System Plan developed pursuant to s. 339.64; the adopted work
2403plan developed pursuant to s. 339.135; long-range transportation
2404plans developed pursuant to s. 339.175(7); transportation
2405improvement plans of relevant metropolitan planning
2406organizations developed pursuant to s. 339.175(8); plans,
2407information, and studies prepared for or by the authorities
2408created in parts I, II, III, and V of chapter 343; relevant
2409studies and information previously prepared by the department
2410and the Transportation Commission; and the transportation and
2411capital improvement elements of relevant approved local
2412government comprehensive plans.
2413     (b)  A detailed review of funding in the state for commuter
2414rail programs and intercity rail transportation system
2415improvements, projects, facilities, equipment, rights-of-way,
2416operating costs, and other costs during the previous 20 years
2417from state, federal, and local government sources.
2418     (c)  An assessment of the impacts of commuter rail programs
2419and intercity rail transportation system improvements, projects,
2420and facilities that have been undertaken in the state during the
2421previous 20 years and their impact on the state, regional, and
2422local transportation system and Florida's economic development.
2423     (d)  Proposed commuter rail programs and intercity rail
2424transportation system improvements, projects, and facilities
2425throughout the state to be undertaken during the next 20 years,
2426including, based upon the best available, existing data, a
2427detailed listing of specific projects with estimates of the
2428costs of each specific project; projected timelines for such
2429improvements, projects, and facilities; and the estimated
2430priority of each such improvement, project, and facility.
2431     (e)  A map of those proposed improvements, projects, and
2432facilities.
2433     (f)  A finance plan based upon reasonable projections of
2434anticipated revenues available to the department and units of
2435local government, including both 10-year and 20-year cost-
2436feasible components, for such improvements, projects, and
2437facilities that demonstrates how or what portion of such
2438improvements, projects, and facilities can be implemented.
2439     (g)  A feasibility study of the best alternatives for
2440implementing intercity passenger railroad service between the
2441Tampa Bay region and the greater Orlando area.
2442     (h)  A proposed prioritization process, including
2443alternatives, for commuter railroad and intercity railroad
2444improvements, projects, and facilities.
2445     (i)  Funding alternatives for commuter rail programs and
2446intercity rail transportation system improvements, projects, and
2447facilities including specific resources, both public and
2448private, that are reasonably expected to be available to
2449accomplish such improvements, projects, and facilities and any
2450innovative financing techniques that might be used to fund such
2451improvements, projects, and facilities.
2452     (3)  The report shall also include detailed information and
2453findings about negative impacts caused by current, or projected
2454to be caused by proposed, commuter rail programs and intercity
2455rail transportation system projects or freight railroad traffic
2456in urban areas of the state. For the purpose of this section,
2457"negative impacts" means those caused by noise, vibration, and
2458vehicular traffic congestion and delays occurring at rail and
2459road intersections. "Urban areas" means those areas within or
2460adjacent to a municipality generally characterized by high
2461density development and building patterns, greater concentration
2462of population, and a high level and concentration of public
2463services and facilities. The Orlando commuter rail project means
2464the Central Florida Rail Corridor, a line of railroad between
2465Deland and Poinciana. The report shall include, without
2466limitation:
2467     (a)  Options and alternatives for eliminating negative
2468impacts associated with increased freight railroad traffic and
2469freight railroad congestions within urban areas resulting from
2470commuter rail programs or intercity rail transportation system
2471improvements, projects, and facilities, including specifically
2472those associated with the Orlando commuter railroad project.
2473     (b)  Proposed freight railroad improvements, projects, and
2474facilities to be undertaken in the next 20 years, including
2475those associated with the Orlando commuter railroad project, to
2476eliminate such negative impacts, including, based upon the best
2477available, existing data, a detailed listing of specific
2478projects with estimates of the costs of each specific
2479improvement, project, and facility; projected timelines for such
2480improvements, projects, and facilities; the estimated priority
2481of each such improvement, project, and facility; and the
2482benefits to public safety, economic development, and downtown
2483development and redevelopment from such improvements, projects,
2484and facilities.
2485     (c)  A map of those proposed improvements, projects, and
2486facilities.
2487     (d)  A finance plan based upon reasonable projections of
2488anticipated revenues available to the department and units of
2489local government, including both 10-year and 20-year cost-
2490feasible components, for such improvements, projects, and
2491facilities that demonstrates how or what portion of such
2492improvements, projects, and facilities can be implemented, as it
2493is the intent of the Legislature and the public policy of the
2494state that such negative impacts of commuter rail programs, and
2495intercity rail transportation system projects funded by the
2496state, including those associated with the Orlando commuter
2497railroad project, be eliminated not later than 8 years after
2498commuter rail programs and intercity rail transportation system
2499projects begin operation.
2500     (4)  The report containing the information required
2501pursuant to subsections (1), (2), and (3) shall be delivered to
2502the Governor, the President of the Senate, the Speaker of the
2503House of Representatives, and the leaders of the minority
2504parties of the Senate and House of Representatives on or before
2505January 15, 2009.
2506     Section 38.  Part III of chapter 343, Florida Statutes,
2507consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,
2508343.76, and 343.77, is repealed.
2509     Section 39.  Subsection (4) of section 348.0003, Florida
2510Statutes, is amended to read:
2511     348.0003  Expressway authority; formation; membership.--
2512     (4)(a)  An authority may employ an executive secretary, an
2513executive director, its own counsel and legal staff, technical
2514experts, and such engineers and employees, permanent or
2515temporary, as it may require and shall determine the
2516qualifications and fix the compensation of such persons, firms,
2517or corporations. An authority may employ a fiscal agent or
2518agents; however, the authority must solicit sealed proposals
2519from at least three persons, firms, or corporations for the
2520performance of any services as fiscal agents. An authority may
2521delegate to one or more of its agents or employees such of its
2522power as it deems necessary to carry out the purposes of the
2523Florida Expressway Authority Act, subject always to the
2524supervision and control of the authority. Members of an
2525authority may be removed from office by the Governor for
2526misconduct, malfeasance, misfeasance, or nonfeasance in office.
2527     (b)  Members of an authority are entitled to receive from
2528the authority their travel and other necessary expenses incurred
2529in connection with the business of the authority as provided in
2530s. 112.061, but they may not draw salaries or other
2531compensation.
2532     (c)  Members of each expressway an authority,
2533transportation authority, bridge authority, or toll authority,
2534created pursuant to this chapter, chapter 343, or chapter 349,
2535or pursuant to any other legislative enactment, shall be
2536required to comply with the applicable financial disclosure
2537requirements of s. 8, Art. II of the State Constitution. This
2538subsection does not subject a statutorily created expressway
2539authority, transportation authority, bridge authority, or toll
2540authority, other than one created under this part, to any of the
2541requirements of this part other than those contained in this
2542subsection.
2543     Section 40.  Paragraph (c) is added to subsection (1) of
2544section 348.0004, Florida Statutes, to read:
2545     348.0004  Purposes and powers.--
2546     (1)
2547     (c)  Notwithstanding any other provision of law, expressway
2548authorities created under parts I-X of chapter 348 may index
2549toll rates on toll facilities to the annual Consumer Price Index
2550or similar inflation indicators. Once a toll rate index has been
2551implemented pursuant to this paragraph, the toll rate index
2552shall remain in place and may not be revoked. Toll rate index
2553for inflation under this subsection must be adopted and approved
2554by the expressway authority board at a public meeting and may be
2555made no more frequently than once a year and must be made no
2556less frequently than once every 5 years as necessary to
2557accommodate cash toll rate schedules. Toll rates may be
2558increased beyond these limits as directed by bond documents,
2559covenants, or governing body authorization or pursuant to
2560department administrative rule.
2561     Section 41.  Subsection (1) of section 479.01, Florida
2562Statutes, is amended to read:
2563     479.01  Definitions.--As used in this chapter, the term:
2564     (1)  "Automatic changeable facing" means a facing that
2565which through a mechanical system is capable of delivering two
2566or more advertising messages through an automated or remotely
2567controlled process and shall not rotate so rapidly as to cause
2568distraction to a motorist.
2569     Section 42.  Subsections (1), (5), and (9) of section
2570479.07, Florida Statutes, are amended to read:
2571     479.07  Sign permits.--
2572     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
2573person may not erect, operate, use, or maintain, or cause to be
2574erected, operated, used, or maintained, any sign on the State
2575Highway System outside an urban incorporated area, as defined in
2576s. 334.03(32), or on any portion of the interstate or federal-
2577aid primary highway system without first obtaining a permit for
2578the sign from the department and paying the annual fee as
2579provided in this section. For purposes of this section, "on any
2580portion of the State Highway System, interstate, or federal-aid
2581primary system" shall mean a sign located within the controlled
2582area which is visible from any portion of the main-traveled way
2583of such system.
2584     (5)(a)  For each permit issued, the department shall
2585furnish to the applicant a serially numbered permanent metal
2586permit tag. The permittee is responsible for maintaining a valid
2587permit tag on each permitted sign facing at all times. The tag
2588shall be securely attached to the sign facing or, if there is no
2589facing, on the pole nearest the highway; and it shall be
2590attached in such a manner as to be plainly visible from the
2591main-traveled way. Effective July 1, 2011, the tag shall be
2592securely attached to the upper 50 percent of the pole nearest
2593the highway and shall be attached in such a manner as to be
2594plainly visible from the main-traveled way. The permit will
2595become void unless the permit tag is properly and permanently
2596displayed at the permitted site within 30 days after the date of
2597permit issuance. If the permittee fails to erect a completed
2598sign on the permitted site within 270 days after the date on
2599which the permit was issued, the permit will be void, and the
2600department may not issue a new permit to that permittee for the
2601same location for 270 days after the date on which the permit
2602became void.
2603     (b)  If a permit tag is lost, stolen, or destroyed, the
2604permittee to whom the tag was issued may must apply to the
2605department for a replacement tag. The department shall establish
2606by rule a service fee for replacement tags in an amount that
2607will recover the actual cost of providing the replacement tag.
2608Upon receipt of the application accompanied by the a service fee
2609of $3, the department shall issue a replacement permit tag.
2610Alternatively, the permittee may provide its own replacement tag
2611pursuant to department specifications which the department shall
2612establish by rule at the time it establishes the service fee for
2613replacement tags.
2614     (9)(a)  A permit shall not be granted for any sign for
2615which a permit had not been granted by the effective date of
2616this act unless such sign is located at least:
2617     1.  One thousand five hundred feet from any other permitted
2618sign on the same side of the highway, if on an interstate
2619highway.
2620     2.  One thousand feet from any other permitted sign on the
2621same side of the highway, if on a federal-aid primary highway.
2622
2623The minimum spacing provided in this paragraph does not preclude
2624the permitting of V-type, back-to-back, side-to-side, stacked,
2625or double-faced signs at the permitted sign site. If a sign is
2626visible from the controlled area of more than one highway
2627subject to the jurisdiction of the department, the sign shall
2628meet the permitting requirements of, and, if the sign meets the
2629applicable permitting requirements, be permitted to, the highway
2630with the more stringent permitting requirements.
2631     (b)  A permit shall not be granted for a sign pursuant to
2632this chapter to locate such sign on any portion of the
2633interstate or federal-aid primary highway system, which sign:
2634     1.  Exceeds 50 feet in sign structure height above the
2635crown of the main-traveled way, if outside an incorporated area;
2636     2.  Exceeds 65 feet in sign structure height above the
2637crown of the main-traveled way, if inside an incorporated area;
2638or
2639     3.  Exceeds 950 square feet of sign facing including all
2640embellishments.
2641     (c)  Notwithstanding subparagraph (a)1., there is
2642established a pilot program in Orange, Hillsborough, and Osceola
2643Counties, and within the boundaries of the City of Miami, under
2644which the distance between permitted signs on the same side of
2645an interstate highway may be reduced to 1,000 feet if all other
2646requirements of this chapter are met and if:
2647     1.  The local government has adopted a plan, program,
2648resolution, ordinance, or other policy encouraging the voluntary
2649removal of signs in a downtown, historic, redevelopment, infill,
2650or other designated area which also provides for a new or
2651replacement sign to be erected on an interstate highway within
2652that jurisdiction if a sign in the designated area is removed;
2653     2.  The sign owner and the local government mutually agree
2654to the terms of the removal and replacement; and
2655     3.  The local government notifies the department of its
2656intention to allow such removal and replacement as agreed upon
2657pursuant to subparagraph 2.
2658
2659The department shall maintain statistics tracking the use of the
2660provisions of this pilot program based on the notifications
2661received by the department from local governments under this
2662paragraph.
2663     Section 43.  Section 479.08, Florida Statutes, is amended
2664to read:
2665     479.08  Denial or revocation of permit.--The department has
2666the authority to deny or revoke any permit requested or granted
2667under this chapter in any case in which it determines that the
2668application for the permit contains knowingly false or knowingly
2669misleading information. The department has the authority to
2670revoke any permit granted under this chapter in any case in
2671which or that the permittee has violated any of the provisions
2672of this chapter, unless such permittee, within 30 days after the
2673receipt of notice by the department, corrects such false or
2674misleading information and complies with the provisions of this
2675chapter. For the purpose of this section, the notice of
2676violation issued by the department shall describe in detail the
2677alleged violation. Any person aggrieved by any action of the
2678department in denying or revoking a permit under this chapter
2679may, within 30 days after receipt of the notice, apply to the
2680department for an administrative hearing pursuant to chapter
2681120. If a timely request for hearing has been filed and the
2682department issues a final order revoking a permit, such
2683revocation shall be effective 30 days after the date of
2684rendition. Except for department action pursuant to s.
2685479.107(1), the filing of a timely and proper notice of appeal
2686shall operate to stay the revocation until the department's
2687action is upheld.
2688     Section 44.  Section 479.156, Florida Statutes, is amended
2689to read:
2690     479.156  Wall murals.--Notwithstanding any other provision
2691of this chapter, a municipality or county may permit and
2692regulate wall murals within areas designated by such government.
2693If a municipality or county permits wall murals, a wall mural
2694that displays a commercial message and is within 660 feet of the
2695nearest edge of the right-of-way within an area adjacent to the
2696interstate highway system or the federal-aid primary highway
2697system shall be located in an area that is zoned for industrial
2698or commercial use and the municipality or county shall establish
2699and enforce regulations for such areas that, at a minimum, set
2700forth criteria governing the size, lighting, and spacing of wall
2701murals consistent with the intent of the Highway Beautification
2702Act of 1965 and with customary use. Whenever a municipality or
2703county exercises such control and makes a determination of  
2704customary use, pursuant to 23 U.S.C. s. 131(d), such
2705determination shall be accepted in lieu of controls in the
2706agreement between the state and the United States Department of
2707Transportation, and the department shall certify effective local
2708control pursuant to 23 U.S.C. s. 131(d) and C.F.R. s.
2709750.706(c). A wall mural that is subject to municipal or county
2710regulation and the Highway Beautification Act of 1965 must be
2711approved by the Department of Transportation pursuant to and the
2712Federal Highway Administration and may not violate the agreement
2713and between the state and the United States Department of
2714Transportation or violate federal regulations enforced by the
2715Department of Transportation under s. 479.02(1). The existence
2716of a wall mural as defined in s. 479.01(27) shall not be
2717considered in determining whether a sign as defined in s.
2718479.01(17), either existing or new, is in compliance with s.
2719479.07(9)(a).
2720     Section 45.  Subsections (1), (3), (4), and (5) of section
2721479.261, Florida Statutes, are amended to read:
2722     479.261  Logo sign program.--
2723     (1)  The department shall establish a logo sign program for
2724the rights-of-way of the interstate highway system to provide
2725information to motorists about available gas, food, lodging, and
2726camping, attractions, and other services, as approved by the
2727Federal Highway Administration, at interchanges, through the use
2728of business logos, and may include additional interchanges under
2729the program. A logo sign for nearby attractions may be added to
2730this program if allowed by federal rules.
2731     (a)  An attraction as used in this chapter is defined as an
2732establishment, site, facility, or landmark that which is open a
2733minimum of 5 days a week for 52 weeks a year; that which charges
2734an admission for entry; which has as its principal focus family-
2735oriented entertainment, cultural, educational, recreational,
2736scientific, or historical activities; and that which is publicly
2737recognized as a bona fide tourist attraction. However, the
2738permits for businesses seeking to participate in the attractions
2739logo sign program shall be awarded by the department annually to
2740the highest bidders, notwithstanding the limitation on fees in
2741subsection (5), which are qualified for available space at each
2742qualified location, but the fees therefor may not be less than
2743the fees established for logo participants in other logo
2744categories.
2745     (b)  The department shall incorporate the use of RV-
2746friendly markers on specific information logo signs for
2747establishments that cater to the needs of persons driving
2748recreational vehicles. Establishments that qualify for
2749participation in the specific information logo program and that
2750also qualify as "RV-friendly" may request the RV-friendly marker
2751on their specific information logo sign. An RV-friendly marker
2752must consist of a design approved by the Federal Highway
2753Administration. The department shall adopt rules in accordance
2754with chapter 120 to administer this paragraph, including rules
2755setting forth the minimum requirements that establishments must
2756meet in order to qualify as RV-friendly. These requirements
2757shall include large parking spaces, entrances, and exits that
2758can easily accommodate recreational vehicles and facilities
2759having appropriate overhead clearances, if applicable.
2760     (c)  The department may implement a 3-year rotation-based
2761logo program providing for the removal and addition of
2762participating businesses in the program.
2763     (3)  Logo signs may be installed upon the issuance of an
2764annual permit by the department or its agent and payment of a an
2765application and permit fee to the department or its agent.
2766     (4)  The department may contract pursuant to s. 287.057 for
2767the provision of services related to the logo sign program,
2768including recruitment and qualification of businesses, review of
2769applications, permit issuance, and fabrication, installation,
2770and maintenance of logo signs. The department may reject all
2771proposals and seek another request for proposals or otherwise
2772perform the work. If the department contracts for the provision
2773of services for the logo sign program, the contract must
2774require, unless the business owner declines, that businesses
2775that previously entered into agreements with the department to
2776privately fund logo sign construction and installation be
2777reimbursed by the contractor for the cost of the signs which has
2778not been recovered through a previously agreed upon waiver of
2779fees. The contract also may allow the contractor to retain a
2780portion of the annual fees as compensation for its services.
2781     (5)  Permit fees for businesses that participate in the
2782program must be established in an amount sufficient to offset
2783the total cost to the department for the program, including
2784contract costs. The department shall provide the services in the
2785most efficient and cost-effective manner through department
2786staff or by contracting for some or all of the services. The
2787department shall adopt rules that set reasonable rates based
2788upon factors such as population, traffic volume, market demand,
2789and costs for annual permit fees. However, annual permit fees
2790for sign locations inside an urban area, as defined in s.
2791334.03(32), may not exceed $5,000 and annual permit fees for
2792sign locations outside an urban area, as defined in s.
2793334.03(32), may not exceed $2,500. After recovering program
2794costs, the proceeds from the logo program shall be deposited
2795into the State Transportation Trust Fund and used for
2796transportation purposes. Such annual permit fee shall not exceed
2797$1,250.
2798     Section 46.  Business partnerships; display of names.--
2799     (1)  School districts are encouraged to partner with local
2800businesses for the purposes of mentorship opportunities,
2801development of employment options and additional funding
2802sources, and other mutual benefits.
2803     (2)  As a pilot program through June 30, 2011, the Palm
2804Beach County School District may publicly display the names and
2805recognitions of their business partners on school district
2806property in unincorporated areas. Examples of appropriate
2807business partner recognition include "Project Graduation" and
2808athletic sponsorships. The district shall make every effort to
2809display business partner names in a manner that is consistent
2810with the county standards for uniformity in size, color, and
2811placement of the signs. Whenever the provisions of this section
2812are inconsistent with the provisions of the county ordinances or
2813regulations relating to signs or the provisions of chapter 125,
2814chapter 166, or chapter 479, Florida Statutes, in the
2815unincorporated areas, the provisions of this section shall
2816prevail.
2817     Section 47.  Paragraph (d) of subsection (10) of section
2818768.28, Florida Statutes, is amended to read:
2819     768.28  Waiver of sovereign immunity in tort actions;
2820recovery limits; limitation on attorney fees; statute of
2821limitations; exclusions; indemnification; risk management
2822programs.--
2823     (10)
2824     (d)1.  For the purposes of this section, operators,
2825dispatchers, and providers of security for rail services and
2826rail facility maintenance providers in any rail corridor owned
2827by the Department of Transportation the South Florida Rail
2828Corridor, or any of their employees or agents, performing such
2829services under contract with and on behalf of the South Florida
2830Regional Transportation Authority or the Department of
2831Transportation, or a governmental entity that is under contract
2832with the Department of Transportation to perform such services
2833or a governmental entity designated by the Department of
2834Transportation, shall be considered agents of the state while
2835acting within the scope of and pursuant to guidelines
2836established in said contract or by rule. This subsection shall
2837not be construed as designating persons providing contracted
2838operator, dispatcher, security services, rail facility
2839maintenance, or other services as employees or agents of the
2840state for the purposes of the Federal Employers Liability Act,
2841the Federal Railway Labor Act, or chapter 440.
2842     2.  The Department of Transportation shall ensure that
2843operators, dispatchers, and providers of security for rail
2844services and rail facility maintenance providers in any rail
2845corridor owned by the Department of Transportation meet
2846requirements, as applicable to the service provided,
2847demonstrating that, at a minimum, the provider:
2848     a.  Has complete knowledge of railroad specific dispatch
2849operating rules, physical characteristics of the rail line for
2850which the provider is responsible, and overall railroad
2851operations including responsibilities of various departments
2852within the railroad organization.
2853     b.  Has complete knowledge of railroad track maintenance
2854standards and the Federal Railroad Administration Track Safety
2855Standards, 49 C.F.R. part 213, and the Railroad Worker
2856Protection, 49 C.F.R. part 214.
2857     c.  Meets the requirements of 49 C.F.R. s. 213.7,
2858specifying the minimum qualifications and abilities for those
2859persons to supervise the restoration and renewal of railroad
2860track and for those persons to inspect such track for compliance
2861with railroad specific maintenance standards and Federal
2862Railroad Administration track safety standards.
2863     d.  Has complete knowledge of railroad signal maintenance
2864standards and Federal Railroad Administration Grade Crossing
2865Signal System Safety Standards, 49 C.F.R. part 234, and the
2866Railroad Worker Protection, 49 C.F.R. part 214.
2867     e.  Has the ability to read and understand highly complex
2868wiring diagrams and technical instruction manuals relating to
2869railroad signals.
2870     f.  Understands rail corridor operating and safety rules.
2871     g.  Has the ability to develop and comply with Federal
2872Transit Administration Management plans.
2873     h.  Has the ability to develop and comply with Federal
2874Railroad Administration Safety and Security Program plans.
2875     Section 48.  The Department of Transportation, in
2876consultation with the Department of Law Enforcement, the
2877Division of Emergency Management of the Department of Community
2878Affairs, and the Office of Tourism, Trade, and Economic
2879Development, and metropolitan planning organizations and
2880regional planning councils within whose jurisdictional area the
2881I-95 corridor lies, shall complete a study of transportation
2882alternatives for the travel corridor parallel to Interstate 95
2883which takes into account the transportation, emergency
2884management, homeland security, and economic development needs of
2885the state. The report must include identification of cost-
2886effective measures that may be implemented to alleviate
2887congestion on Interstate 95, facilitate emergency and security
2888responses, and foster economic development. The Department of
2889Transportation shall send the report to the Governor, the
2890President of the Senate, the Speaker of the House of
2891Representatives, and each affected metropolitan planning
2892organization by June 30, 2009.
2893     Section 49.  Notwithstanding any provision of chapter 74-
2894400, Laws of Florida, public funds may be used for the
2895alteration of Old Cutler Road, between Southwest 136th Street
2896and Southwest 184th Street, in the Village of Palmetto Bay.
2897     (1)  The alteration may include the installation of
2898sidewalks, curbing, and landscaping to enhance pedestrian access
2899to the road.
2900     (2)  The official approval of the project by the Department
2901of State must be obtained before any alteration is started.
2902     Section 50.  For the purpose of incorporating the amendment
2903made by this act to section 316.193, Florida Statutes, in a
2904reference thereto, paragraph (a) of subsection (3) of section
2905316.066, Florida Statutes, is reenacted to read:
2906     316.066  Written reports of crashes.--
2907     (3)(a)  Every law enforcement officer who in the regular
2908course of duty investigates a motor vehicle crash:
2909     1.  Which crash resulted in death or personal injury shall,
2910within 10 days after completing the investigation, forward a
2911written report of the crash to the department or traffic records
2912center.
2913     2.  Which crash involved a violation of s. 316.061(1) or s.
2914316.193 shall, within 10 days after completing the
2915investigation, forward a written report of the crash to the
2916department or traffic records center.
2917     3.  In which crash a vehicle was rendered inoperative to a
2918degree which required a wrecker to remove it from traffic may,
2919within 10 days after completing the investigation, forward a
2920written report of the crash to the department or traffic records
2921center if such action is appropriate, in the officer's
2922discretion.
2923     Section 51.  For the purpose of incorporating the amendment
2924made by this act to section 316.193, Florida Statutes, in a
2925reference thereto, paragraph (b) of subsection (4) of section
2926316.072, Florida Statutes, is reenacted to read:
2927     316.072  Obedience to and effect of traffic laws.--
2928     (4)  PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;
2929EXCEPTIONS.--
2930     (b)  Unless specifically made applicable, the provisions of
2931this chapter, except those contained in ss. 316.192, 316.1925,
2932and 316.193, shall not apply to persons, teams, or motor
2933vehicles and other equipment while actually engaged in work upon
2934the surface of a highway, but shall apply to such persons and
2935vehicles when traveling to or from such work.
2936     Section 52.  For the purpose of incorporating the amendment
2937made by this act to section 316.193, Florida Statutes, in a
2938reference thereto, subsection (3) of section 316.1932, Florida
2939Statutes, is reenacted to read:
2940     316.1932  Tests for alcohol, chemical substances, or
2941controlled substances; implied consent; refusal.--
2942     (3)  Notwithstanding any provision of law pertaining to the
2943confidentiality of hospital records or other medical records,
2944information relating to the alcoholic content of the blood or
2945breath or the presence of chemical substances or controlled
2946substances in the blood obtained pursuant to this section shall
2947be released to a court, prosecuting attorney, defense attorney,
2948or law enforcement officer in connection with an alleged
2949violation of s. 316.193 upon request for such information.
2950     Section 53.  For the purpose of incorporating the amendment
2951made by this act to section 316.193, Florida Statutes, in a
2952reference thereto, subsection (4) of section 316.1933, Florida
2953Statutes, is reenacted to read:
2954     316.1933  Blood test for impairment or intoxication in
2955cases of death or serious bodily injury; right to use reasonable
2956force.--
2957     (4)  Notwithstanding any provision of law pertaining to the
2958confidentiality of hospital records or other medical records,
2959information relating to the alcoholic content of the blood or
2960the presence of chemical substances or controlled substances in
2961the blood obtained pursuant to this section shall be released to
2962a court, prosecuting attorney, defense attorney, or law
2963enforcement officer in connection with an alleged violation of
2964s. 316.193 upon request for such information.
2965     Section 54.  For the purpose of incorporating the amendment
2966made by this act to section 316.193, Florida Statutes, in
2967references thereto, subsection (1) and paragraph (d) of
2968subsection (2) of section 316.1937, Florida Statutes, are
2969reenacted to read:
2970     316.1937  Ignition interlock devices, requiring; unlawful
2971acts.--
2972     (1)  In addition to any other authorized penalties, the
2973court may require that any person who is convicted of driving
2974under the influence in violation of s. 316.193 shall not operate
2975a motor vehicle unless that vehicle is equipped with a
2976functioning ignition interlock device certified by the
2977department as provided in s. 316.1938, and installed in such a
2978manner that the vehicle will not start if the operator's blood
2979alcohol level is in excess of 0.05 percent or as otherwise
2980specified by the court. The court may require the use of an
2981approved ignition interlock device for a period of not less than
29826 months, if the person is permitted to operate a motor vehicle,
2983whether or not the privilege to operate a motor vehicle is
2984restricted, as determined by the court. The court, however,
2985shall order placement of an ignition interlock device in those
2986circumstances required by s. 316.193.
2987     (2)  If the court imposes the use of an ignition interlock
2988device, the court shall:
2989     (d)  Determine the person's ability to pay for installation
2990of the device if the person claims inability to pay. If the
2991court determines that the person is unable to pay for
2992installation of the device, the court may order that any portion
2993of a fine paid by the person for a violation of s. 316.193 shall
2994be allocated to defray the costs of installing the device.
2995     Section 55.  For the purpose of incorporating the amendment
2996made by this act to section 316.193, Florida Statutes, in a
2997reference thereto, paragraph (b) of subsection (1) of section
2998316.1939, Florida Statutes, is reenacted to read:
2999     316.1939  Refusal to submit to testing; penalties.--
3000     (1)  Any person who has refused to submit to a chemical or
3001physical test of his or her breath, blood, or urine, as
3002described in s. 316.1932, and whose driving privilege was
3003previously suspended for a prior refusal to submit to a lawful
3004test of his or her breath, urine, or blood, and:
3005     (b)  Who was placed under lawful arrest for a violation of
3006s. 316.193 unless such test was requested pursuant to s.
3007316.1932(1)(c);
3008
3009commits a misdemeanor of the first degree and is subject to
3010punishment as provided in s. 775.082 or s. 775.083.
3011     Section 56.  For the purpose of incorporating the amendment
3012made by this act to section 316.193, Florida Statutes, in a
3013reference thereto, subsection (1) of section 316.656, Florida
3014Statutes, is reenacted to read:
3015     316.656  Mandatory adjudication; prohibition against
3016accepting plea to lesser included offense.--
3017     (1)  Notwithstanding the provisions of s. 948.01, no court
3018may suspend, defer, or withhold adjudication of guilt or
3019imposition of sentence for any violation of s. 316.193, for
3020manslaughter resulting from the operation of a motor vehicle, or
3021for vehicular homicide.
3022     Section 57.  For the purpose of incorporating the amendment
3023made by this act to section 316.193, Florida Statutes, in
3024references thereto, subsections (4) and (5) of section 318.143,
3025Florida Statutes, are reenacted to read:
3026     318.143  Sanctions for infractions by minors.--
3027     (4)  For the first conviction for a violation of s.
3028316.193, the court may order the Department of Highway Safety
3029and Motor Vehicles to revoke the minor's driver's license until
3030the minor is 18 years of age. For a second or subsequent
3031conviction for such a violation, the court may order the
3032Department of Highway Safety and Motor Vehicles to revoke the
3033minor's driver's license until the minor is 21 years of age.
3034     (5)  A minor who is arrested for a violation of s. 316.193
3035may be released from custody as soon as:
3036     (a)  The minor is no longer under the influence of
3037alcoholic beverages, of any chemical substance set forth in s.
3038877.111, or of any substance controlled under chapter 893, and
3039is not affected to the extent that his or her normal faculties
3040are impaired;
3041     (b)  The minor's blood-alcohol level is less than 0.05
3042percent; or
3043     (c)  Six hours have elapsed after the minor's arrest.
3044     Section 58.  For the purpose of incorporating the amendment
3045made by this act to section 316.193, Florida Statutes, in a
3046reference thereto, subsection (3) of section 318.17, Florida
3047Statutes, is reenacted to read:
3048     318.17  Offenses excepted.--No provision of this chapter is
3049available to a person who is charged with any of the following
3050offenses:
3051     (3)  Driving, or being in actual physical control of, any
3052vehicle while under the influence of alcoholic beverages, any
3053chemical substance set forth in s. 877.111, or any substance
3054controlled under chapter 893, in violation of s. 316.193, or
3055driving with an unlawful blood-alcohol level;
3056     Section 59.  For the purpose of incorporating the amendment
3057made by this act to section 316.193, Florida Statutes, in a
3058reference thereto, paragraph (c) of subsection (1) of section
3059320.055, Florida Statutes, is reenacted to read:
3060     320.055  Registration periods; renewal periods.--The
3061following registration periods and renewal periods are
3062established:
3063     (1)
3064     (c)  Notwithstanding the requirements of paragraph (a), the
3065owner of a motor vehicle subject to paragraph (a) who has had
3066his or her driver's license suspended pursuant to a violation of
3067s. 316.193 or pursuant to s. 322.26(2) for driving under the
3068influence must obtain a 6-month registration as a condition of
3069reinstating the license, subject to renewal during the 3-year
3070period that financial responsibility requirements apply. The
3071registration period begins the first day of the birth month of
3072the owner and ends the last day of the fifth month immediately
3073following the owner's birth month. For such vehicles, the
3074department shall issue a vehicle registration certificate that
3075is valid for 6 months and shall issue a validation sticker that
3076displays an expiration date of 6 months after the date of
3077issuance. The license tax required by s. 320.08 and all other
3078applicable license taxes shall be one-half of the amount
3079otherwise required, except the service charge required by s.
3080320.04 shall be paid in full for each 6-month registration. A
3081vehicle required to be registered under this paragraph is not
3082eligible for the extended registration period under paragraph
3083(b).
3084     Section 60.  For the purpose of incorporating the amendment
3085made by this act to section 316.193, Florida Statutes, in a
3086reference thereto, subsection (2) of section 322.03, Florida
3087Statutes, is reenacted to read:
3088     322.03  Drivers must be licensed; penalties.--
3089     (2)  Prior to issuing a driver's license, the department
3090shall require any person who has been convicted two or more
3091times of a violation of s. 316.193 or of a substantially similar
3092alcohol-related or drug-related offense outside this state
3093within the preceding 5 years, or who has been convicted of three
3094or more such offenses within the preceding 10 years, to present
3095proof of successful completion of or enrollment in a department-
3096approved substance abuse education course. If the person fails
3097to complete such education course within 90 days after issuance,
3098the department shall cancel the license. Further, prior to
3099issuing the driver's license the department shall require such
3100person to present proof of financial responsibility as provided
3101in s. 324.031. For the purposes of this paragraph, a previous
3102conviction for violation of former s. 316.028, former s.
3103316.1931, or former s. 860.01 shall be considered a previous
3104conviction for violation of s. 316.193.
3105     Section 61.  For the purpose of incorporating the amendment
3106made by this act to section 316.193, Florida Statutes, in a
3107reference thereto, paragraph (a) of subsection (2) of section
3108322.0602, Florida Statutes, is reenacted to read:
3109     322.0602  Youthful Drunk Driver Visitation Program.--
3110     (2)  COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE FOR
3111PARTICIPATION.--
3112     (a)  If a person is convicted of a violation of s. 316.193,
3113the court may order, as a term and condition of probation in
3114addition to any other term or condition required or authorized
3115by law, that the probationer participate in the Youthful Drunk
3116Driver Visitation Program.
3117     Section 62.  For the purpose of incorporating the amendment
3118made by this act to section 316.193, Florida Statutes, in a
3119reference thereto, subsection (8) of section 322.21, Florida
3120Statutes, is reenacted to read:
3121     322.21  License fees; procedure for handling and collecting
3122fees.--
3123     (8)  Any person who applies for reinstatement following the
3124suspension or revocation of the person's driver's license shall
3125pay a service fee of $35 following a suspension, and $60
3126following a revocation, which is in addition to the fee for a
3127license. Any person who applies for reinstatement of a
3128commercial driver's license following the disqualification of
3129the person's privilege to operate a commercial motor vehicle
3130shall pay a service fee of $60, which is in addition to the fee
3131for a license. The department shall collect all of these fees at
3132the time of reinstatement. The department shall issue proper
3133receipts for such fees and shall promptly transmit all funds
3134received by it as follows:
3135     (a)  Of the $35 fee received from a licensee for
3136reinstatement following a suspension, the department shall
3137deposit $15 in the General Revenue Fund and $20 in the Highway
3138Safety Operating Trust Fund.
3139     (b)  Of the $60 fee received from a licensee for
3140reinstatement following a revocation or disqualification, the
3141department shall deposit $35 in the General Revenue Fund and $25
3142in the Highway Safety Operating Trust Fund.
3143
3144If the revocation or suspension of the driver's license was for
3145a violation of s. 316.193, or for refusal to submit to a lawful
3146breath, blood, or urine test, an additional fee of $115 must be
3147charged. However, only one $115 fee may be collected from one
3148person convicted of violations arising out of the same incident.
3149The department shall collect the $115 fee and deposit the fee
3150into the Highway Safety Operating Trust Fund at the time of
3151reinstatement of the person's driver's license, but the fee may
3152not be collected if the suspension or revocation is overturned.
3153If the revocation or suspension of the driver's license was for
3154a conviction for a violation of s. 817.234(8) or (9) or s.
3155817.505, an additional fee of $180 is imposed for each offense.
3156The department shall collect and deposit the additional fee into
3157the Highway Safety Operating Trust Fund at the time of
3158reinstatement of the person's driver's license.
3159     Section 63.  For the purpose of incorporating the amendment
3160made by this act to section 316.193, Florida Statutes, in a
3161reference thereto, subsection (5) of section 322.25, Florida
3162Statutes, is reenacted to read:
3163     322.25  When court to forward license to department and
3164report convictions; temporary reinstatement of driving
3165privileges.--
3166     (5)  For the purpose of this chapter, the entrance of a
3167plea of nolo contendere by the defendant to a charge of driving
3168while intoxicated, driving under the influence, driving with an
3169unlawful blood-alcohol level, or any other alcohol-related or
3170drug-related traffic offense similar to the offenses specified
3171in s. 316.193, accepted by the court and under which plea the
3172court has entered a fine or sentence, whether in this state or
3173any other state or country, shall be equivalent to a conviction.
3174     Section 64.  For the purpose of incorporating the amendment
3175made by this act to section 316.193, Florida Statutes, in a
3176reference thereto, paragraph (a) of subsection (1) of section
3177322.26, Florida Statutes, is reenacted to read:
3178     322.26  Mandatory revocation of license by department.--The
3179department shall forthwith revoke the license or driving
3180privilege of any person upon receiving a record of such person's
3181conviction of any of the following offenses:
3182     (1)(a)  Murder resulting from the operation of a motor
3183vehicle, DUI manslaughter where the conviction represents a
3184subsequent DUI-related conviction, or a fourth violation of s.
3185316.193 or former s. 316.1931. For such cases, the revocation of
3186the driver's license or driving privilege shall be permanent.
3187     Section 65.  For the purpose of incorporating the amendment
3188made by this act to section 316.193, Florida Statutes, in
3189references thereto, paragraph (a) of subsection (14) and
3190subsection (16) of section 322.2615, Florida Statutes, are
3191reenacted to read:
3192     322.2615  Suspension of license; right to review.--
3193     (14)(a)  The decision of the department under this section
3194or any circuit court review thereof may not be considered in any
3195trial for a violation of s. 316.193, and a written statement
3196submitted by a person in his or her request for departmental
3197review under this section may not be admitted into evidence
3198against him or her in any such trial.
3199     (16)  The department shall invalidate a suspension for
3200driving with an unlawful blood-alcohol level or breath-alcohol
3201level imposed under this section if the suspended person is
3202found not guilty at trial of an underlying violation of s.
3203316.193.
3204     Section 66.  For the purpose of incorporating the amendment
3205made by this act to section 316.193, Florida Statutes, in
3206references thereto, subsections (15) and (19) of section
3207322.2616, Florida Statutes, are reenacted to read:
3208     322.2616  Suspension of license; persons under 21 years of
3209age; right to review.--
3210     (15)  The decision of the department under this section
3211shall not be considered in any trial for a violation of s.
3212316.193, nor shall any written statement submitted by a person
3213in his or her request for departmental review under this section
3214be admissible into evidence against him or her in any such
3215trial. The disposition of any related criminal proceedings shall
3216not affect a suspension imposed under this section.
3217     (19)  A violation of this section is neither a traffic
3218infraction nor a criminal offense, nor does being detained
3219pursuant to this section constitute an arrest. A violation of
3220this section is subject to the administrative action provisions
3221of this section, which are administered by the department
3222through its administrative processes. Administrative actions
3223taken pursuant to this section shall be recorded in the motor
3224vehicle records maintained by the department. This section does
3225not bar prosecution under s. 316.193. However, if the department
3226suspends a person's license under s. 322.2615 for a violation of
3227s. 316.193, it may not also suspend the person's license under
3228this section for the same episode that was the basis for the
3229suspension under s. 322.2615.
3230     Section 67.  For the purpose of incorporating the amendment
3231made by this act to section 316.193, Florida Statutes, in a
3232reference thereto, paragraph (b) of subsection (1) of section
3233322.264, Florida Statutes, is reenacted to read:
3234     322.264  "Habitual traffic offender" defined.--A "habitual
3235traffic offender" is any person whose record, as maintained by
3236the Department of Highway Safety and Motor Vehicles, shows that
3237such person has accumulated the specified number of convictions
3238for offenses described in subsection (1) or subsection (2)
3239within a 5-year period:
3240     (1)  Three or more convictions of any one or more of the
3241following offenses arising out of separate acts:
3242     (b)  Any violation of s. 316.193, former s. 316.1931, or
3243former s. 860.01;
3244
3245Any violation of any federal law, any law of another state or
3246country, or any valid ordinance of a municipality or county of
3247another state similar to a statutory prohibition specified in
3248subsection (1) or subsection (2) shall be counted as a violation
3249of such prohibition. In computing the number of convictions, all
3250convictions during the 5 years previous to July 1, 1972, will be
3251used, provided at least one conviction occurs after that date.
3252The fact that previous convictions may have resulted in
3253suspension, revocation, or disqualification under another
3254section does not exempt them from being used for suspension or
3255revocation under this section as a habitual offender.
3256     Section 68.  For the purpose of incorporating the amendment
3257made by this act to section 316.193, Florida Statutes, in
3258references thereto, paragraphs (a) and (c) of subsection (2) and
3259subsection (4) of section 322.271, Florida Statutes, are
3260reenacted to read:
3261     322.271  Authority to modify revocation, cancellation, or
3262suspension order.--
3263     (2)(a)  Upon such hearing, the person whose license has
3264been suspended, canceled, or revoked may show that such
3265suspension, cancellation, or revocation of his or her license
3266causes a serious hardship and precludes the person's carrying
3267out his or her normal business occupation, trade, or employment
3268and that the use of the person's license in the normal course of
3269his or her business is necessary to the proper support of the
3270person or his or her family. Except as otherwise provided in
3271this subsection, the department shall require proof of the
3272successful completion of the applicable department-approved
3273driver training course operating pursuant to s. 318.1451 or DUI
3274program substance abuse education course and evaluation as
3275provided in s. 316.193(5). Letters of recommendation from
3276respected business persons in the community, law enforcement
3277officers, or judicial officers may also be required to determine
3278whether such person should be permitted to operate a motor
3279vehicle on a restricted basis for business or employment use
3280only and in determining whether such person can be trusted to so
3281operate a motor vehicle. If a driver's license has been
3282suspended under the point system or pursuant to s. 322.2615, the
3283department shall require proof of enrollment in the applicable
3284department-approved driver training course or licensed DUI
3285program substance abuse education course, including evaluation
3286and treatment, if referred, and may require letters of
3287recommendation described in this subsection to determine if the
3288driver should be reinstated on a restricted basis. If such
3289person fails to complete the approved course within 90 days
3290after reinstatement or subsequently fails to complete treatment,
3291if applicable, the department shall cancel his or her driver's
3292license until the course and treatment, if applicable, is
3293successfully completed, notwithstanding the terms of the court
3294order or any suspension or revocation of the driving privilege.
3295The department may temporarily reinstate the driving privilege
3296on a restricted basis upon verification from the DUI program
3297that the offender has reentered and is currently participating
3298in treatment and has completed the DUI education course and
3299evaluation requirement. If the DUI program notifies the
3300department of the second failure to complete treatment, the
3301department shall reinstate the driving privilege only after
3302notice of completion of treatment from the DUI program. The
3303privilege of driving on a limited or restricted basis for
3304business or employment use shall not be granted to a person who
3305has been convicted of a violation of s. 316.193 until completion
3306of the DUI program substance abuse education course and
3307evaluations as provided in s. 316.193(5). Except as provided in
3308paragraph (b), the privilege of driving on a limited or
3309restricted basis for business or employment use shall not be
3310granted to a person whose license is revoked pursuant to s.
3311322.28 or suspended pursuant to s. 322.2615 and who has been
3312convicted of a violation of s. 316.193 two or more times or
3313whose license has been suspended two or more times for refusal
3314to submit to a test pursuant to s. 322.2615 or former s.
3315322.261.
3316     (c)  For the purpose of this section, a previous conviction
3317of driving under the influence, driving while intoxicated,
3318driving with an unlawful blood-alcohol level, or any other
3319similar alcohol-related or drug-related offense outside this
3320state or a previous conviction of former s. 316.1931, former s.
3321316.028, or former s. 860.01 shall be considered a previous
3322conviction for violation of s. 316.193.
3323     (4)  Notwithstanding the provisions of s. 322.28(2)(e), a
3324person whose driving privilege has been permanently revoked
3325because he or she has been convicted of DUI manslaughter in
3326violation of s. 316.193 and has no prior convictions for DUI-
3327related offenses may, upon the expiration of 5 years after the
3328date of such revocation or the expiration of 5 years after the
3329termination of any term of incarceration under s. 316.193 or
3330former s. 316.1931, whichever date is later, petition the
3331department for reinstatement of his or her driving privilege.
3332     (a)  Within 30 days after the receipt of such a petition,
3333the department shall afford the petitioner an opportunity for a
3334hearing. At the hearing, the petitioner must demonstrate to the
3335department that he or she:
3336     1.  Has not been arrested for a drug-related offense during
3337the 5 years preceding the filing of the petition;
3338     2.  Has not driven a motor vehicle without a license for at
3339least 5 years prior to the hearing;
3340     3.  Has been drug-free for at least 5 years prior to the
3341hearing; and
3342     4.  Has completed a DUI program licensed by the department.
3343     (b)  At such hearing, the department shall determine the
3344petitioner's qualification, fitness, and need to drive. Upon
3345such determination, the department may, in its discretion,
3346reinstate the driver's license of the petitioner. Such
3347reinstatement must be made subject to the following
3348qualifications:
3349     1.  The license must be restricted for employment purposes
3350for not less than 1 year; and
3351     2.  Such person must be supervised by a DUI program
3352licensed by the department and report to the program for such
3353supervision and education at least four times a year or
3354additionally as required by the program for the remainder of the
3355revocation period. Such supervision shall include evaluation,
3356education, referral into treatment, and other activities
3357required by the department.
3358     (c)  Such person must assume the reasonable costs of
3359supervision. If such person fails to comply with the required
3360supervision, the program shall report the failure to the
3361department, and the department shall cancel such person's
3362driving privilege.
3363     (d)  If, after reinstatement, such person is convicted of
3364an offense for which mandatory revocation of his or her license
3365is required, the department shall revoke his or her driving
3366privilege.
3367     (e)  The department shall adopt rules regulating the
3368providing of services by DUI programs pursuant to this section.
3369     Section 69.  For the purpose of incorporating the amendment
3370made by this act to section 316.193, Florida Statutes, in
3371references thereto, subsection (2), paragraphs (a) and (c) of
3372subsection (3), and subsection (4) of section 322.2715, Florida
3373Statutes, are reenacted to read:
3374     322.2715  Ignition interlock device.--
3375     (2)  For purposes of this section, any conviction for a
3376violation of s. 316.193, a previous conviction for a violation
3377of former s. 316.1931, or a conviction outside this state for
3378driving under the influence, driving while intoxicated, driving
3379with an unlawful blood-alcohol level, or any other similar
3380alcohol-related or drug-related traffic offense is a conviction
3381of driving under the influence.
3382     (3)  If the person is convicted of:
3383     (a)  A first offense of driving under the influence under
3384s. 316.193 and has an unlawful blood-alcohol level or breath-
3385alcohol level as specified in s. 316.193(4), or if a person is
3386convicted of a violation of s. 316.193 and was at the time of
3387the offense accompanied in the vehicle by a person younger than
338818 years of age, the person shall have the ignition interlock
3389device installed for 6 months for the first offense and for at
3390least 2 years for a second offense.
3391     (c)  A third offense of driving under the influence which
3392occurs within 10 years after a prior conviction for a violation
3393of s. 316.193, the ignition interlock device shall be installed
3394for a period of not less than 2 years.
3395     (4)  If the court fails to order the mandatory placement of
3396the ignition interlock device or fails to order for the
3397applicable period the mandatory placement of an ignition
3398interlock device under s. 316.193 or s. 316.1937 at the time of
3399imposing sentence or within 30 days thereafter, the department
3400shall immediately require that the ignition interlock device be
3401installed as provided in this section, except that consideration
3402may be given to those individuals having a documented medical
3403condition that would prohibit the device from functioning
3404normally. This subsection applies to the reinstatement of the
3405driving privilege following a revocation, suspension, or
3406cancellation that is based upon a conviction for the offense of
3407driving under the influence which occurs on or after July 1,
34082005.
3409     Section 70.  For the purpose of incorporating the amendment
3410made by this act to section 316.193, Florida Statutes, in a
3411reference thereto, subsection (2) of section 322.28, Florida
3412Statutes, is reenacted to read:
3413     322.28  Period of suspension or revocation.--
3414     (2)  In a prosecution for a violation of s. 316.193 or
3415former s. 316.1931, the following provisions apply:
3416     (a)  Upon conviction of the driver, the court, along with
3417imposing sentence, shall revoke the driver's license or driving
3418privilege of the person so convicted, effective on the date of
3419conviction, and shall prescribe the period of such revocation in
3420accordance with the following provisions:
3421     1.  Upon a first conviction for a violation of the
3422provisions of s. 316.193, except a violation resulting in death,
3423the driver's license or driving privilege shall be revoked for
3424not less than 180 days or more than 1 year.
3425     2.  Upon a second conviction for an offense that occurs
3426within a period of 5 years after the date of a prior conviction
3427for a violation of the provisions of s. 316.193 or former s.
3428316.1931 or a combination of such sections, the driver's license
3429or driving privilege shall be revoked for not less than 5 years.
3430     3.  Upon a third conviction for an offense that occurs
3431within a period of 10 years after the date of a prior conviction
3432for the violation of the provisions of s. 316.193 or former s.
3433316.1931 or a combination of such sections, the driver's license
3434or driving privilege shall be revoked for not less than 10
3435years.
3436
3437For the purposes of this paragraph, a previous conviction
3438outside this state for driving under the influence, driving
3439while intoxicated, driving with an unlawful blood-alcohol level,
3440or any other alcohol-related or drug-related traffic offense
3441similar to the offense of driving under the influence as
3442proscribed by s. 316.193 will be considered a previous
3443conviction for violation of s. 316.193, and a conviction for
3444violation of former s. 316.028, former s. 316.1931, or former s.
3445860.01 is considered a conviction for violation of s. 316.193.
3446     (b)  If the period of revocation was not specified by the
3447court at the time of imposing sentence or within 30 days
3448thereafter, and is not otherwise specified by law, the
3449department shall forthwith revoke the driver's license or
3450driving privilege for the maximum period applicable under
3451paragraph (a) for a first conviction and for the minimum period
3452applicable under paragraph (a) for any subsequent convictions.
3453The driver may, within 30 days after such revocation by the
3454department, petition the court for further hearing on the period
3455of revocation, and the court may reopen the case and determine
3456the period of revocation within the limits specified in
3457paragraph (a).
3458     (c)  The forfeiture of bail bond, not vacated within 20
3459days, in any prosecution for the offense of driving while under
3460the influence of alcoholic beverages, chemical substances, or
3461controlled substances to the extent of depriving the defendant
3462of his or her normal faculties shall be deemed equivalent to a
3463conviction for the purposes of this paragraph, and the
3464department shall forthwith revoke the defendant's driver's
3465license or driving privilege for the maximum period applicable
3466under paragraph (a) for a first conviction and for the minimum
3467period applicable under paragraph (a) for a second or subsequent
3468conviction; however, if the defendant is later convicted of the
3469charge, the period of revocation imposed by the department for
3470such conviction shall not exceed the difference between the
3471applicable maximum for a first conviction or minimum for a
3472second or subsequent conviction and the revocation period under
3473this subsection that has actually elapsed; upon conviction of
3474such charge, the court may impose revocation for a period of
3475time as specified in paragraph (a). This paragraph does not
3476apply if an appropriate motion contesting the forfeiture is
3477filed within the 20-day period.
3478     (d)  When any driver's license or driving privilege has
3479been revoked pursuant to the provisions of this section, the
3480department shall not grant a new license, except upon
3481reexamination of the licensee after the expiration of the period
3482of revocation so prescribed. However, the court may, in its
3483sound discretion, issue an order of reinstatement on a form
3484furnished by the department which the person may take to any
3485driver's license examining office for reinstatement by the
3486department pursuant to s. 322.282.
3487     (e)  The court shall permanently revoke the driver's
3488license or driving privilege of a person who has been convicted
3489four times for violation of s. 316.193 or former s. 316.1931 or
3490a combination of such sections. The court shall permanently
3491revoke the driver's license or driving privilege of any person
3492who has been convicted of DUI manslaughter in violation of s.
3493316.193. If the court has not permanently revoked such driver's
3494license or driving privilege within 30 days after imposing
3495sentence, the department shall permanently revoke the driver's
3496license or driving privilege pursuant to this paragraph. No
3497driver's license or driving privilege may be issued or granted
3498to any such person. This paragraph applies only if at least one
3499of the convictions for violation of s. 316.193 or former s.
3500316.1931 was for a violation that occurred after July 1, 1982.
3501For the purposes of this paragraph, a conviction for violation
3502of former s. 316.028, former s. 316.1931, or former s. 860.01 is
3503also considered a conviction for violation of s. 316.193. Also,
3504a conviction of driving under the influence, driving while
3505intoxicated, driving with an unlawful blood-alcohol level, or
3506any other similar alcohol-related or drug-related traffic
3507offense outside this state is considered a conviction for the
3508purposes of this paragraph.
3509     Section 71.  For the purpose of incorporating the amendment
3510made by this act to section 316.193, Florida Statutes, in
3511references thereto, paragraph (a) of subsection (2) of section
3512322.282, Florida Statutes, is reenacted to read:
3513     322.282  Procedure when court revokes or suspends license
3514or driving privilege and orders reinstatement.--When a court
3515suspends or revokes a person's license or driving privilege and,
3516in its discretion, orders reinstatement as provided by s.
3517322.28(2)(d) or former s. 322.261(5):
3518     (2)(a)  The court shall issue an order of reinstatement, on
3519a form to be furnished by the department, which the person may
3520take to any driver's license examining office. The department
3521shall issue a temporary driver's permit to a licensee who
3522presents the court's order of reinstatement, proof of completion
3523of a department-approved driver training or substance abuse
3524education course, and a written request for a hearing under s.
3525322.271. The permit shall not be issued if a record check by the
3526department shows that the person has previously been convicted
3527for a violation of s. 316.193, former s. 316.1931, former s.
3528316.028, former s. 860.01, or a previous conviction outside this
3529state for driving under the influence, driving while
3530intoxicated, driving with an unlawful blood-alcohol level, or
3531any similar alcohol-related or drug-related traffic offense;
3532that the person's driving privilege has been previously
3533suspended for refusal to submit to a lawful test of breath,
3534blood, or urine; or that the person is otherwise not entitled to
3535issuance of a driver's license. This paragraph shall not be
3536construed to prevent the reinstatement of a license or driving
3537privilege that is presently suspended for driving with an
3538unlawful blood-alcohol level or a refusal to submit to a breath,
3539urine, or blood test and is also revoked for a conviction for a
3540violation of s. 316.193 or former s. 316.1931, if the suspension
3541and revocation arise out of the same incident.
3542     Section 72.  For the purpose of incorporating the amendment
3543made by this act to section 316.193, Florida Statutes, in a
3544reference thereto, paragraph (a) of subsection (1) of section
3545322.291, Florida Statutes, is reenacted to read:
3546     322.291  Driver improvement schools or DUI programs;
3547required in certain suspension and revocation cases.--Except as
3548provided in s. 322.03(2), any person:
3549     (1)  Whose driving privilege has been revoked:
3550     (a)  Upon conviction for:
3551     1.  Driving, or being in actual physical control of, any
3552vehicle while under the influence of alcoholic beverages, any
3553chemical substance set forth in s. 877.111, or any substance
3554controlled under chapter 893, in violation of s. 316.193;
3555     2.  Driving with an unlawful blood- or breath-alcohol
3556level;
3557     3.  Manslaughter resulting from the operation of a motor
3558vehicle;
3559     4.  Failure to stop and render aid as required under the
3560laws of this state in the event of a motor vehicle crash
3561resulting in the death or personal injury of another;
3562     5.  Reckless driving; or
3563
3564shall, before the driving privilege may be reinstated, present
3565to the department proof of enrollment in a department-approved
3566advanced driver improvement course operating pursuant to s.
3567318.1451 or a substance abuse education course conducted by a
3568DUI program licensed pursuant to s. 322.292, which shall include
3569a psychosocial evaluation and treatment, if referred. If the
3570person fails to complete such course or evaluation within 90
3571days after reinstatement, or subsequently fails to complete
3572treatment, if referred, the DUI program shall notify the
3573department of the failure. Upon receipt of the notice, the
3574department shall cancel the offender's driving privilege,
3575notwithstanding the expiration of the suspension or revocation
3576of the driving privilege. The department may temporarily
3577reinstate the driving privilege upon verification from the DUI
3578program that the offender has completed the education course and
3579evaluation requirement and has reentered and is currently
3580participating in treatment. If the DUI program notifies the
3581department of the second failure to complete treatment, the
3582department shall reinstate the driving privilege only after
3583notice of completion of treatment from the DUI program.
3584     Section 73.  For the purpose of incorporating the amendment
3585made by this act to section 316.193, Florida Statutes, in a
3586reference thereto, paragraph (a) of subsection (9) of section
3587322.34, Florida Statutes, is reenacted to read:
3588     322.34  Driving while license suspended, revoked, canceled,
3589or disqualified.--
3590     (9)(a)  A motor vehicle that is driven by a person under
3591the influence of alcohol or drugs in violation of s. 316.193 is
3592subject to seizure and forfeiture under ss. 932.701-932.707 and
3593is subject to liens for recovering, towing, or storing vehicles
3594under s. 713.78 if, at the time of the offense, the person's
3595driver's license is suspended, revoked, or canceled as a result
3596of a prior conviction for driving under the influence.
3597     Section 74.  For the purpose of incorporating the amendment
3598made by this act to section 316.193, Florida Statutes, in a
3599reference thereto, subsection (3) of section 322.62, Florida
3600Statutes, is reenacted to read:
3601     322.62  Driving under the influence; commercial motor
3602vehicle operators.--
3603     (3)  This section does not supersede s. 316.193. Nothing in
3604this section prohibits the prosecution of a person who drives a
3605commercial motor vehicle for driving under the influence of
3606alcohol or controlled substances whether or not such person is
3607also prosecuted for a violation of this section.
3608     Section 75.  For the purpose of incorporating the amendment
3609made by this act to section 316.193, Florida Statutes, in
3610references thereto, paragraph (d) of subsection (2) and
3611subsection (6) of section 322.63, Florida Statutes, are
3612reenacted to read:
3613     322.63  Alcohol or drug testing; commercial motor vehicle
3614operators.--
3615     (2)  The chemical and physical tests authorized by this
3616section shall only be required if a law enforcement officer has
3617reasonable cause to believe that a person driving a commercial
3618motor vehicle has any alcohol, chemical substance, or controlled
3619substance in his or her body.
3620     (d)  The administration of one test under paragraph (a),
3621paragraph (b), or paragraph (c) shall not preclude the
3622administration of a different test under paragraph (a),
3623paragraph (b), or paragraph (c). However, a urine test may not
3624be used to determine alcohol concentration and a breath test may
3625not be used to determine the presence of controlled substances
3626or chemical substances in a person's body. Notwithstanding the
3627provisions of this paragraph, in the event a Florida licensee
3628has been convicted in another state for an offense substantially
3629similar to s. 316.193 or to s. 322.62, which conviction was
3630based upon evidence of test results prohibited by this
3631paragraph, that out-of-state conviction shall constitute a
3632conviction for the purposes of this chapter.
3633     (6)  Notwithstanding any provision of law pertaining to the
3634confidentiality of hospital records or other medical records,
3635information relating to the alcohol content of a person's blood
3636or the presence of chemical substances or controlled substances
3637in a person's blood obtained pursuant to this section shall be
3638released to a court, prosecuting attorney, defense attorney, or
3639law enforcement officer in connection with an alleged violation
3640of s. 316.193 or s. 322.62 upon request for such information.
3641     Section 76.  For the purpose of incorporating the amendment
3642made by this act to section 316.193, Florida Statutes, in
3643references thereto, subsections (1) and (2), paragraph (a) of
3644subsection (7), paragraph (b) of subsection (8), and subsections
3645(14) and (15) of section 322.64, Florida Statutes, are reenacted
3646to read:
3647     322.64  Holder of commercial driver's license; driving with
3648unlawful blood-alcohol level; refusal to submit to breath,
3649urine, or blood test.--
3650     (1)(a)  A law enforcement officer or correctional officer
3651shall, on behalf of the department, disqualify from operating
3652any commercial motor vehicle a person who while operating or in
3653actual physical control of a commercial motor vehicle is
3654arrested for a violation of s. 316.193, relating to unlawful
3655blood-alcohol level or breath-alcohol level, or a person who has
3656refused to submit to a breath, urine, or blood test authorized
3657by s. 322.63 arising out of the operation or actual physical
3658control of a commercial motor vehicle. Upon disqualification of
3659the person, the officer shall take the person's driver's license
3660and issue the person a 10-day temporary permit for the operation
3661of noncommercial vehicles only if the person is otherwise
3662eligible for the driving privilege and shall issue the person a
3663notice of disqualification. If the person has been given a
3664blood, breath, or urine test, the results of which are not
3665available to the officer at the time of the arrest, the agency
3666employing the officer shall transmit such results to the
3667department within 5 days after receipt of the results. If the
3668department then determines that the person was arrested for a
3669violation of s. 316.193 and that the person had a blood-alcohol
3670level or breath-alcohol level of 0.08 or higher, the department
3671shall disqualify the person from operating a commercial motor
3672vehicle pursuant to subsection (3).
3673     (b)  The disqualification under paragraph (a) shall be
3674pursuant to, and the notice of disqualification shall inform the
3675driver of, the following:
3676     1.a.  The driver refused to submit to a lawful breath,
3677blood, or urine test and he or she is disqualified from
3678operating a commercial motor vehicle for a period of 1 year, for
3679a first refusal, or permanently, if he or she has previously
3680been disqualified as a result of a refusal to submit to such a
3681test; or
3682     b.  The driver violated s. 316.193 by driving with an
3683unlawful blood-alcohol level and he or she is disqualified from
3684operating a commercial motor vehicle for a period of 6 months
3685for a first offense or for a period of 1 year if he or she has
3686previously been disqualified, or his or her driving privilege
3687has been previously suspended, for a violation of s. 316.193.
3688     2.  The disqualification period for operating commercial
3689vehicles shall commence on the date of arrest or issuance of
3690notice of disqualification, whichever is later.
3691     3.  The driver may request a formal or informal review of
3692the disqualification by the department within 10 days after the
3693date of arrest or issuance of notice of disqualification,
3694whichever is later.
3695     4.  The temporary permit issued at the time of arrest or
3696disqualification will expire at midnight of the 10th day
3697following the date of disqualification.
3698     5.  The driver may submit to the department any materials
3699relevant to the arrest.
3700     (2)  Except as provided in paragraph (1)(a), the law
3701enforcement officer shall forward to the department, within 5
3702days after the date of the arrest or the issuance of the notice
3703of disqualification, whichever is later, a copy of the notice of
3704disqualification, the driver's license of the person arrested,
3705and a report of the arrest, including, if applicable, an
3706affidavit stating the officer's grounds for belief that the
3707person arrested was in violation of s. 316.193; the results of
3708any breath or blood test or an affidavit stating that a breath,
3709blood, or urine test was requested by a law enforcement officer
3710or correctional officer and that the person arrested refused to
3711submit; a copy of the citation issued to the person arrested;
3712and the officer's description of the person's field sobriety
3713test, if any. The failure of the officer to submit materials
3714within the 5-day period specified in this subsection or
3715subsection (1) shall not affect the department's ability to
3716consider any evidence submitted at or prior to the hearing. The
3717officer may also submit a copy of a videotape of the field
3718sobriety test or the attempt to administer such test.
3719     (7)  In a formal review hearing under subsection (6) or an
3720informal review hearing under subsection (4), the hearing
3721officer shall determine by a preponderance of the evidence
3722whether sufficient cause exists to sustain, amend, or invalidate
3723the disqualification. The scope of the review shall be limited
3724to the following issues:
3725     (a)  If the person was disqualified from operating a
3726commercial motor vehicle for driving with an unlawful blood-
3727alcohol level in violation of s. 316.193:
3728     1.  Whether the arresting law enforcement officer had
3729probable cause to believe that the person was driving or in
3730actual physical control of a commercial motor vehicle in this
3731state while he or she had any alcohol, chemical substances, or
3732controlled substances in his or her body.
3733     2.  Whether the person was placed under lawful arrest for a
3734violation of s. 316.193.
3735     3.  Whether the person had an unlawful blood-alcohol level
3736as provided in s. 316.193.
3737     (8)  Based on the determination of the hearing officer
3738pursuant to subsection (7) for both informal hearings under
3739subsection (4) and formal hearings under subsection (6), the
3740department shall:
3741     (b)  Sustain the disqualification for a period of 6 months
3742for a violation of s. 316.193 or for a period of 1 year if the
3743person has been previously disqualified from operating a
3744commercial motor vehicle or his or her driving privilege has
3745been previously suspended as a result of a violation of s.
3746316.193. The disqualification period commences on the date of
3747the arrest or issuance of the notice of disqualification,
3748whichever is later.
3749     (14)  The decision of the department under this section
3750shall not be considered in any trial for a violation of s.
3751316.193, s. 322.61, or s. 322.62, nor shall any written
3752statement submitted by a person in his or her request for
3753departmental review under this section be admissible into
3754evidence against him or her in any such trial. The disposition
3755of any related criminal proceedings shall not affect a
3756disqualification imposed pursuant to this section.
3757     (15)  This section does not preclude the suspension of the
3758driving privilege pursuant to s. 322.2615. The driving privilege
3759of a person who has been disqualified from operating a
3760commercial motor vehicle also may be suspended for a violation
3761of s. 316.193.
3762     Section 77.  For the purpose of incorporating the amendment
3763made by this act to section 316.193, Florida Statutes, in a
3764reference thereto, paragraph (f) of subsection (4) of section
3765323.001, Florida Statutes, is reenacted to read:
3766     323.001  Wrecker operator storage facilities; vehicle
3767holds.--
3768     (4)  The requirements for a written hold apply when the
3769following conditions are present:
3770     (f)  The vehicle is impounded or immobilized pursuant to s.
3771316.193 or s. 322.34; or
3772     Section 78.  For the purpose of incorporating the amendment
3773made by this act to section 316.193, Florida Statutes, in
3774references thereto, section 324.023, Florida Statutes, is
3775reenacted to read:
3776     324.023  Financial responsibility for bodily injury or
3777death.--In addition to any other financial responsibility
3778required by law, every owner or operator of a motor vehicle that
3779is required to be registered in this state, or that is located
3780within this state, and who, regardless of adjudication of guilt,
3781has been found guilty of or entered a plea of guilty or nolo
3782contendere to a charge of driving under the influence under s.
3783316.193 after October 1, 2007, shall, by one of the methods
3784established in s. 324.031(1), (2), or (3), establish and
3785maintain the ability to respond in damages for liability on
3786account of accidents arising out of the use of a motor vehicle
3787in the amount of $100,000 because of bodily injury to, or death
3788of, one person in any one crash and, subject to such limits for
3789one person, in the amount of $300,000 because of bodily injury
3790to, or death of, two or more persons in any one crash and in the
3791amount of $50,000 because of property damage in any one crash.
3792If the owner or operator chooses to establish and maintain such
3793ability by posting a bond or furnishing a certificate of deposit
3794pursuant to s. 324.031(2) or (3), such bond or certificate of
3795deposit must be in an amount not less than $350,000. Such higher
3796limits must be carried for a minimum period of 3 years. If the
3797owner or operator has not been convicted of driving under the
3798influence or a felony traffic offense for a period of 3 years
3799from the date of reinstatement of driving privileges for a
3800violation of s. 316.193, the owner or operator shall be exempt
3801from this section.
3802     Section 79.  For the purpose of incorporating the amendment
3803made by this act to section 316.193, Florida Statutes, in a
3804reference thereto, section 324.131, Florida Statutes, is
3805reenacted to read:
3806     324.131  Period of suspension.--Such license, registration
3807and nonresident's operating privilege shall remain so suspended
3808and shall not be renewed, nor shall any such license or
3809registration be thereafter issued in the name of such person,
3810including any such person not previously licensed, unless and
3811until every such judgment is stayed, satisfied in full or to the
3812extent of the limits stated in s. 324.021(7) and until the said
3813person gives proof of financial responsibility as provided in s.
3814324.031, such proof to be maintained for 3 years. In addition,
3815if the person's license or registration has been suspended or
3816revoked due to a violation of s. 316.193 or pursuant to s.
3817322.26(2), that person shall maintain noncancelable liability
3818coverage for each motor vehicle registered in his or her name,
3819as described in s. 627.7275(2), and must present proof that
3820coverage is in force on a form adopted by the Department of
3821Highway Safety and Motor Vehicles, such proof to be maintained
3822for 3 years.
3823     Section 80.  For the purpose of incorporating the amendment
3824made by this act to section 316.193, Florida Statutes, in a
3825reference thereto, subsection (6) of section 327.35, Florida
3826Statutes, is reenacted to read:
3827     327.35  Boating under the influence; penalties; "designated
3828drivers".--
3829     (6)  With respect to any person convicted of a violation of
3830subsection (1), regardless of any other penalty imposed:
3831     (a)  For the first conviction, the court shall place the
3832defendant on probation for a period not to exceed 1 year and, as
3833a condition of such probation, shall order the defendant to
3834participate in public service or a community work project for a
3835minimum of 50 hours. The court must also, as a condition of
3836probation, order the impoundment or immobilization of the vessel
3837that was operated by or in the actual control of the defendant
3838or any one vehicle registered in the defendant's name at the
3839time of impoundment or immobilization, for a period of 10 days
3840or for the unexpired term of any lease or rental agreement that
3841expires within 10 days. The impoundment or immobilization must
3842not occur concurrently with the incarceration of the defendant.
3843The impoundment or immobilization order may be dismissed in
3844accordance with paragraph (e) or paragraph (f). The total period
3845of probation and incarceration may not exceed 1 year.
3846     (b)  For the second conviction for an offense that occurs
3847within a period of 5 years after the date of a prior conviction
3848for violation of this section, the court shall order
3849imprisonment for not less than 10 days. The court must also, as
3850a condition of probation, order the impoundment or
3851immobilization of the vessel that was operated by or in the
3852actual control of the defendant or any one vehicle registered in
3853the defendant's name at the time of impoundment or
3854immobilization, for a period of 30 days or for the unexpired
3855term of any lease or rental agreement that expires within 30
3856days. The impoundment or immobilization must not occur
3857concurrently with the incarceration of the defendant. The
3858impoundment or immobilization order may be dismissed in
3859accordance with paragraph (e) or paragraph (f). At least 48
3860hours of confinement must be consecutive.
3861     (c)  For the third or subsequent conviction for an offense
3862that occurs within a period of 10 years after the date of a
3863prior conviction for violation of this section, the court shall
3864order imprisonment for not less than 30 days. The court must
3865also, as a condition of probation, order the impoundment or
3866immobilization of the vessel that was operated by or in the
3867actual control of the defendant or any one vehicle registered in
3868the defendant's name at the time of impoundment or
3869immobilization, for a period of 90 days or for the unexpired
3870term of any lease or rental agreement that expires within 90
3871days. The impoundment or immobilization must not occur
3872concurrently with the incarceration of the defendant. The
3873impoundment or immobilization order may be dismissed in
3874accordance with paragraph (e) or paragraph (f). At least 48
3875hours of confinement must be consecutive.
3876     (d)  The court must at the time of sentencing the defendant
3877issue an order for the impoundment or immobilization of a
3878vessel. Within 7 business days after the date that the court
3879issues the order of impoundment, and once again 30 business days
3880before the actual impoundment or immobilization of the vessel,
3881the clerk of the court must send notice by certified mail,
3882return receipt requested, to the registered owner of each
3883vessel, if the registered owner is a person other than the
3884defendant, and to each person of record claiming a lien against
3885the vessel.
3886     (e)  A person who owns but was not operating the vessel
3887when the offense occurred may submit to the court a police
3888report indicating that the vessel was stolen at the time of the
3889offense or documentation of having purchased the vessel after
3890the offense was committed from an entity other than the
3891defendant or the defendant's agent. If the court finds that the
3892vessel was stolen or that the sale was not made to circumvent
3893the order and allow the defendant continued access to the
3894vessel, the order must be dismissed and the owner of the vessel
3895will incur no costs. If the court denies the request to dismiss
3896the order of impoundment or immobilization, the petitioner may
3897request an evidentiary hearing.
3898     (f)  A person who owns but was not operating the vessel
3899when the offense occurred, and whose vessel was stolen or who
3900purchased the vessel after the offense was committed directly
3901from the defendant or the defendant's agent, may request an
3902evidentiary hearing to determine whether the impoundment or
3903immobilization should occur. If the court finds that either the
3904vessel was stolen or the purchase was made without knowledge of
3905the offense, that the purchaser had no relationship to the
3906defendant other than through the transaction, and that such
3907purchase would not circumvent the order and allow the defendant
3908continued access to the vessel, the order must be dismissed and
3909the owner of the vessel will incur no costs.
3910     (g)  All costs and fees for the impoundment or
3911immobilization, including the cost of notification, must be paid
3912by the owner of the vessel or, if the vessel is leased or
3913rented, by the person leasing or renting the vessel, unless the
3914impoundment or immobilization order is dismissed.
3915     (h)  The person who owns a vessel that is impounded or
3916immobilized under this paragraph, or a person who has a lien of
3917record against such a vessel and who has not requested a review
3918of the impoundment pursuant to paragraph (e) or paragraph (f),
3919may, within 10 days after the date that person has knowledge of
3920the location of the vessel, file a complaint in the county in
3921which the owner resides to determine whether the vessel was
3922wrongfully taken or withheld from the owner or lienholder. Upon
3923the filing of a complaint, the owner or lienholder may have the
3924vessel released by posting with the court a bond or other
3925adequate security equal to the amount of the costs and fees for
3926impoundment or immobilization, including towing or storage, to
3927ensure the payment of the costs and fees if the owner or
3928lienholder does not prevail. When the bond is posted and the fee
3929is paid as set forth in s. 28.24, the clerk of the court shall
3930issue a certificate releasing the vessel. At the time of
3931release, after reasonable inspection, the owner or lienholder
3932must give a receipt to the towing or storage company indicating
3933any loss or damage to the vessel or to the contents of the
3934vessel.
3935     (i)  A defendant, in the court's discretion, may be
3936required to serve all or any portion of a term of imprisonment
3937to which the defendant has been sentenced pursuant to this
3938section in a residential alcoholism treatment program or a
3939residential drug abuse treatment program. Any time spent in such
3940a program must be credited by the court toward the term of
3941imprisonment.
3942
3943For the purposes of this section, any conviction for a violation
3944of s. 316.193, a previous conviction for the violation of former
3945s. 316.1931, former s. 860.01, or former s. 316.028, or a
3946previous conviction outside this state for driving under the
3947influence, driving while intoxicated, driving with an unlawful
3948blood-alcohol level, driving with an unlawful breath-alcohol
3949level, or any other similar alcohol-related or drug-related
3950traffic offense, is also considered a previous conviction for
3951violation of this section.
3952     Section 81.  For the purpose of incorporating the amendment
3953made by this act to section 316.193, Florida Statutes, in a
3954reference thereto, subsection (1) of section 337.195, Florida
3955Statutes, is reenacted to read:
3956     337.195  Limits on liability.--
3957     (1)  In a civil action for the death of or injury to a
3958person, or for damage to property, against the Department of
3959Transportation or its agents, consultants, or contractors for
3960work performed on a highway, road, street, bridge, or other
3961transportation facility when the death, injury, or damage
3962resulted from a motor vehicle crash within a construction zone
3963in which the driver of one of the vehicles was under the
3964influence of alcoholic beverages as set forth in s. 316.193,
3965under the influence of any chemical substance as set forth in s.
3966877.111, or illegally under the influence of any substance
3967controlled under chapter 893 to the extent that her or his
3968normal faculties were impaired or that she or he operated a
3969vehicle recklessly as defined in s. 316.192, it is presumed that
3970the driver's operation of the vehicle was the sole proximate
3971cause of her or his own death, injury, or damage. This
3972presumption can be overcome if the gross negligence or
3973intentional misconduct of the Department of Transportation, or
3974of its agents, consultants, or contractors, was a proximate
3975cause of the driver's death, injury, or damage.
3976     Section 82.  For the purpose of incorporating the amendment
3977made by this act to section 316.193, Florida Statutes, in a
3978reference thereto, paragraph (c) of subsection (17) of section
3979440.02, Florida Statutes, is reenacted to read:
3980     440.02  Definitions.--When used in this chapter, unless the
3981context clearly requires otherwise, the following terms shall
3982have the following meanings:
3983     (17)
3984     (c)  "Employment" does not include service performed by or
3985as:
3986     1.  Domestic servants in private homes.
3987     2.  Agricultural labor performed on a farm in the employ of
3988a bona fide farmer, or association of farmers, that employs 5 or
3989fewer regular employees and that employs fewer than 12 other
3990employees at one time for seasonal agricultural labor that is
3991completed in less than 30 days, provided such seasonal
3992employment does not exceed 45 days in the same calendar year.
3993The term "farm" includes stock, dairy, poultry, fruit, fur-
3994bearing animals, fish, and truck farms, ranches, nurseries, and
3995orchards. The term "agricultural labor" includes field foremen,
3996timekeepers, checkers, and other farm labor supervisory
3997personnel.
3998     3.  Professional athletes, such as professional boxers,
3999wrestlers, baseball, football, basketball, hockey, polo, tennis,
4000jai alai, and similar players, and motorsports teams competing
4001in a motor racing event as defined in s. 549.08.
4002     4.  Labor under a sentence of a court to perform community
4003services as provided in s. 316.193.
4004     5.  State prisoners or county inmates, except those
4005performing services for private employers or those enumerated in
4006s. 948.036(1).
4007     Section 83.  For the purpose of incorporating the amendment
4008made by this act to section 316.193, Florida Statutes, in a
4009reference thereto, paragraph (b) of subsection (7) of section
4010440.09, Florida Statutes, is reenacted to read:
4011     440.09  Coverage.--
4012     (7)
4013     (b)  If the employee has, at the time of the injury, a
4014blood alcohol level equal to or greater than the level specified
4015in s. 316.193, or if the employee has a positive confirmation of
4016a drug as defined in this act, it is presumed that the injury
4017was occasioned primarily by the intoxication of, or by the
4018influence of the drug upon, the employee. If the employer has
4019implemented a drug-free workplace, this presumption may be
4020rebutted only by evidence that there is no reasonable hypothesis
4021that the intoxication or drug influence contributed to the
4022injury. In the absence of a drug-free workplace program, this
4023presumption may be rebutted by clear and convincing evidence
4024that the intoxication or influence of the drug did not
4025contribute to the injury. Percent by weight of alcohol in the
4026blood must be based upon grams of alcohol per 100 milliliters of
4027blood. If the results are positive, the testing facility must
4028maintain the specimen for a minimum of 90 days. Blood serum may
4029be used for testing purposes under this chapter; however, if
4030this test is used, the presumptions under this section do not
4031arise unless the blood alcohol level is proved to be medically
4032and scientifically equivalent to or greater than the comparable
4033blood alcohol level that would have been obtained if the test
4034were based on percent by weight of alcohol in the blood.
4035However, if, before the accident, the employer had actual
4036knowledge of and expressly acquiesced in the employee's presence
4037at the workplace while under the influence of such alcohol or
4038drug, the presumptions specified in this subsection do not
4039apply.
4040     Section 84.  For the purpose of incorporating the amendment
4041made by this act to section 316.193, Florida Statutes, in a
4042reference thereto, paragraph (d) of subsection (1) of section
4043493.6106, Florida Statutes, is reenacted to read:
4044     493.6106  License requirements; posting.--
4045     (1)  Each individual licensed by the department must:
4046     (d)  Not be a chronic and habitual user of alcoholic
4047beverages to the extent that her or his normal faculties are
4048impaired; not have been committed under chapter 397, former
4049chapter 396, or a similar law in any other state; not have been
4050found to be a habitual offender under s. 856.011(3) or a similar
4051law in any other state; and not have had two or more convictions
4052under s. 316.193 or a similar law in any other state within the
40533-year period immediately preceding the date the application was
4054filed, unless the individual establishes that she or he is not
4055currently impaired and has successfully completed a
4056rehabilitation course.
4057     Section 85.  For the purpose of incorporating the amendment
4058made by this act to section 316.193, Florida Statutes, in a
4059reference thereto, paragraph (a) of subsection (2) of section
4060627.7275, Florida Statutes, is reenacted to read:
4061     627.7275  Motor vehicle liability.--
4062     (2)(a)  Insurers writing motor vehicle insurance in this
4063state shall make available, subject to the insurers' usual
4064underwriting restrictions:
4065     1.  Coverage under policies as described in subsection (1)
4066to any applicant for private passenger motor vehicle insurance
4067coverage who is seeking the coverage in order to reinstate the
4068applicant's driving privileges in this state when the driving
4069privileges were revoked or suspended pursuant to s. 316.646 or
4070s. 324.0221 due to the failure of the applicant to maintain
4071required security.
4072     2.  Coverage under policies as described in subsection (1),
4073which also provides liability coverage for bodily injury, death,
4074and property damage arising out of the ownership, maintenance,
4075or use of the motor vehicle in an amount not less than the
4076limits described in s. 324.021(7) and conforms to the
4077requirements of s. 324.151, to any applicant for private
4078passenger motor vehicle insurance coverage who is seeking the
4079coverage in order to reinstate the applicant's driving
4080privileges in this state after such privileges were revoked or
4081suspended under s. 316.193 or s. 322.26(2) for driving under the
4082influence.
4083     Section 86.  For the purpose of incorporating the amendment
4084made by this act to section 316.193, Florida Statutes, in a
4085reference thereto, subsection (4) of section 627.758, Florida
4086Statutes, is reenacted to read:
4087     627.758  Surety on auto club traffic arrest bond;
4088conditions, limit; bail bond.--
4089     (4)  Notwithstanding the provisions of s. 626.311 or
4090chapter 648, any surety insurer identified in a guaranteed
4091traffic arrest bond certificate or any licensed general lines
4092agent of the surety insurer may execute a bail bond for the
4093automobile club or association member identified in the
4094guaranteed traffic arrest bond certificate in an amount not in
4095excess of $5,000 for any violation of chapter 316 or any similar
4096traffic law or ordinance except for driving under the influence
4097of alcoholic beverages, chemical substances, or controlled
4098substances, as prohibited by s. 316.193.
4099     Section 87.  For the purpose of incorporating the amendment
4100made by this act to section 316.193, Florida Statutes, in
4101references thereto, paragraph (f) of subsection (2) and
4102paragraph (f) of subsection (10) of section 790.06, Florida
4103Statutes, are reenacted to read:
4104     790.06  License to carry concealed weapon or firearm.--
4105     (2)  The Department of Agriculture and Consumer Services
4106shall issue a license if the applicant:
4107     (f)  Does not chronically and habitually use alcoholic
4108beverages or other substances to the extent that his or her
4109normal faculties are impaired. It shall be presumed that an
4110applicant chronically and habitually uses alcoholic beverages or
4111other substances to the extent that his or her normal faculties
4112are impaired if the applicant has been committed under chapter
4113397 or under the provisions of former chapter 396 or has been
4114convicted under s. 790.151 or has been deemed a habitual
4115offender under s. 856.011(3), or has had two or more convictions
4116under s. 316.193 or similar laws of any other state, within the
41173-year period immediately preceding the date on which the
4118application is submitted;
4119     (10)  A license issued under this section shall be
4120suspended or revoked pursuant to chapter 120 if the licensee:
4121     (f)  Is convicted of a second violation of s. 316.193, or a
4122similar law of another state, within 3 years of a previous
4123conviction of such section, or similar law of another state,
4124even though the first violation may have occurred prior to the
4125date on which the application was submitted;
4126     Section 88.  For the purpose of incorporating the amendment
4127made by this act to section 316.193, Florida Statutes, in a
4128reference thereto, subsection (2) of section 903.36, Florida
4129Statutes, is reenacted to read:
4130     903.36  Guaranteed arrest bond certificates as cash bail.--
4131     (2)  The execution of a bail bond by a licensed general
4132lines agent of a surety insurer for the automobile club or
4133association member identified in the guaranteed traffic arrest
4134bond certificate, as provided in s. 627.758(4), shall be
4135accepted as bail in an amount not to exceed $5,000 for the
4136appearance of the person named in the certificate in any court
4137to answer for the violation of a provision of chapter 316 or a
4138similar traffic law or ordinance, except driving under the
4139influence of alcoholic beverages, chemical substances, or
4140controlled substances, as prohibited by s. 316.193. Presentation
4141of the guaranteed traffic arrest bond certificate and a power of
4142attorney from the surety insurer for its licensed general lines
4143agents is authorization for such agent to execute the bail bond.
4144     Section 89.  For the purpose of incorporating the amendment
4145made by this act to section 316.193, Florida Statutes, in
4146references thereto, paragraph (c) of subsection (4) of section
4147907.041, Florida Statutes, is reenacted to read:
4148     907.041  Pretrial detention and release.--
4149     (4)  PRETRIAL DETENTION.--
4150     (c)  The court may order pretrial detention if it finds a
4151substantial probability, based on a defendant's past and present
4152patterns of behavior, the criteria in s. 903.046, and any other
4153relevant facts, that any of the following circumstances exists:
4154     1.  The defendant has previously violated conditions of
4155release and that no further conditions of release are reasonably
4156likely to assure the defendant's appearance at subsequent
4157proceedings;
4158     2.  The defendant, with the intent to obstruct the judicial
4159process, has threatened, intimidated, or injured any victim,
4160potential witness, juror, or judicial officer, or has attempted
4161or conspired to do so, and that no condition of release will
4162reasonably prevent the obstruction of the judicial process;
4163     3.  The defendant is charged with trafficking in controlled
4164substances as defined by s. 893.135, that there is a substantial
4165probability that the defendant has committed the offense, and
4166that no conditions of release will reasonably assure the
4167defendant's appearance at subsequent criminal proceedings; or
4168     4.  The defendant is charged with DUI manslaughter, as
4169defined by s. 316.193, and that there is a substantial
4170probability that the defendant committed the crime and that the
4171defendant poses a threat of harm to the community; conditions
4172that would support a finding by the court pursuant to this
4173subparagraph that the defendant poses a threat of harm to the
4174community include, but are not limited to, any of the following:
4175     a.  The defendant has previously been convicted of any
4176crime under s. 316.193, or of any crime in any other state or
4177territory of the United States that is substantially similar to
4178any crime under s. 316.193;
4179     b.  The defendant was driving with a suspended driver's
4180license when the charged crime was committed; or
4181     c.  The defendant has previously been found guilty of, or
4182has had adjudication of guilt withheld for, driving while the
4183defendant's driver's license was suspended or revoked in
4184violation of s. 322.34;
4185     5.  The defendant poses the threat of harm to the
4186community. The court may so conclude, if it finds that the
4187defendant is presently charged with a dangerous crime, that
4188there is a substantial probability that the defendant committed
4189such crime, that the factual circumstances of the crime indicate
4190a disregard for the safety of the community, and that there are
4191no conditions of release reasonably sufficient to protect the
4192community from the risk of physical harm to persons.
4193     6.  The defendant was on probation, parole, or other
4194release pending completion of sentence or on pretrial release
4195for a dangerous crime at the time the current offense was
4196committed; or
4197     7.  The defendant has violated one or more conditions of
4198pretrial release or bond for the offense currently before the
4199court and the violation, in the discretion of the court,
4200supports a finding that no conditions of release can reasonably
4201protect the community from risk of physical harm to persons or
4202assure the presence of the accused at trial.
4203     Section 90.  Subsection (1) of section 120.52, Florida
4204Statutes, is amended to read:
4205     120.52  Definitions.--As used in this act:
4206     (1)  "Agency" means:
4207     (a)  The Governor in the exercise of all executive powers
4208other than those derived from the constitution.
4209     (b)  Each:
4210     1.  State officer and state department, and each
4211departmental unit described in s. 20.04.
4212     2.  Authority, including a regional water supply authority.
4213     3.  Board, including the Board of Governors of the State
4214University System and a state university board of trustees when
4215acting pursuant to statutory authority derived from the
4216Legislature.
4217     4.  Commission, including the Commission on Ethics and the
4218Fish and Wildlife Conservation Commission when acting pursuant
4219to statutory authority derived from the Legislature.
4220     5.  Regional planning agency.
4221     6.  Multicounty special district with a majority of its
4222governing board comprised of nonelected persons.
4223     7.  Educational units.
4224     8.  Entity described in chapters 163, 373, 380, and 582 and
4225s. 186.504.
4226     (c)  Each other unit of government in the state, including
4227counties and municipalities, to the extent they are expressly
4228made subject to this act by general or special law or existing
4229judicial decisions.
4230
4231This definition does not include any legal entity or agency
4232created in whole or in part pursuant to chapter 361, part II,
4233any metropolitan planning organization created pursuant to s.
4234339.175, any separate legal or administrative entity created
4235pursuant to s. 339.175 of which a metropolitan planning
4236organization is a member, an expressway authority pursuant to
4237chapter 348 or any transportation authority under chapter 343 or
4238chapter 349, any legal or administrative entity created by an
4239interlocal agreement pursuant to s. 163.01(7), unless any party
4240to such agreement is otherwise an agency as defined in this
4241subsection, or any multicounty special district with a majority
4242of its governing board comprised of elected persons; however,
4243this definition shall include a regional water supply authority.
4244     Section 91.  Except as otherwise expressly provided in this
4245act, this act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.
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