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046245
 ((LATE FILED FOR: 4/29/2008 8:30:00 AM))Amendment
Bill No. CS/CS/HB 1399
Amendment No. 046245
CHAMBER ACTION
Senate House
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1Representatives Cannon and Aubuchon offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Paragraph (h) of subsection (2) of section
620.23, Florida Statutes, is amended to read:
7     20.23  Department of Transportation.--There is created a
8Department of Transportation which shall be a decentralized
9agency.
10     (2)
11     (h)  The commission shall appoint an executive director and
12assistant executive director, who shall serve under the
13direction, supervision, and control of the commission. The
14executive director, with the consent of the commission, shall
15employ such staff as are necessary to perform adequately the
16functions of the commission, within budgetary limitations. All
17employees of the commission are exempt from part II of chapter
18110 and shall serve at the pleasure of the commission. The
19salary and benefits of the executive director shall be set in
20accordance with the Senior Management Service. The salaries and
21benefits of all other employees of the commission shall be set
22in accordance with the Selected Exempt Service; provided,
23however, that the commission has shall have complete authority
24for fixing the salary of the executive director and assistant
25executive director.
26     Section 2.  Subsection (5) of section 125.42, Florida
27Statutes, is amended to read:
28     125.42  Water, sewage, gas, power, telephone, other
29utility, and television lines along county roads and highways.--
30     (5)  In the event of widening, repair, or reconstruction of
31any such road, the licensee shall move or remove such water,
32sewage, gas, power, telephone, and other utility lines and
33television lines at no cost to the county except as provided in
34s. 337.403(1)(e).
35     Section 3.  Paragraphs (a), (h), and (j) of subsection (6)
36of section 163.3177, Florida Statutes, are amended to read:
37     163.3177  Required and optional elements of comprehensive
38plan; studies and surveys.--
39     (6)  In addition to the requirements of subsections (1)-(5)
40and (12), the comprehensive plan shall include the following
41elements:
42     (a)  A future land use plan element designating proposed
43future general distribution, location, and extent of the uses of
44land for residential uses, commercial uses, industry,
45agriculture, recreation, conservation, education, public
46buildings and grounds, other public facilities, and other
47categories of the public and private uses of land. Counties are
48encouraged to designate rural land stewardship areas, pursuant
49to the provisions of paragraph (11)(d), as overlays on the
50future land use map. Each future land use category must be
51defined in terms of uses included, and must include standards to
52be followed in the control and distribution of population
53densities and building and structure intensities. The proposed
54distribution, location, and extent of the various categories of
55land use shall be shown on a land use map or map series which
56shall be supplemented by goals, policies, and measurable
57objectives. The future land use plan shall be based upon
58surveys, studies, and data regarding the area, including the
59amount of land required to accommodate anticipated growth; the
60projected population of the area; the character of undeveloped
61land; the availability of water supplies, public facilities, and
62services; the need for redevelopment, including the renewal of
63blighted areas and the elimination of nonconforming uses which
64are inconsistent with the character of the community; the
65compatibility of uses on lands adjacent to or closely proximate
66to military installations; lands adjacent to an airport as
67defined in s. 330.35 and consistent with provisions in s.
68333.02; and, in rural communities, the need for job creation,
69capital investment, and economic development that will
70strengthen and diversify the community's economy. The future
71land use plan may designate areas for future planned development
72use involving combinations of types of uses for which special
73regulations may be necessary to ensure development in accord
74with the principles and standards of the comprehensive plan and
75this act. The future land use plan element shall include
76criteria to be used to achieve the compatibility of adjacent or
77closely proximate lands with military installations; lands
78adjacent to an airport as defined in s. 330.35 and consistent
79with provisions in s. 333.02. In addition, for rural
80communities, the amount of land designated for future planned
81industrial use shall be based upon surveys and studies that
82reflect the need for job creation, capital investment, and the
83necessity to strengthen and diversify the local economies, and
84shall not be limited solely by the projected population of the
85rural community. The future land use plan of a county may also
86designate areas for possible future municipal incorporation. The
87land use maps or map series shall generally identify and depict
88historic district boundaries and shall designate historically
89significant properties meriting protection. For coastal
90counties, the future land use element must include, without
91limitation, regulatory incentives and criteria that encourage
92the preservation of recreational and commercial working
93waterfronts as defined in s. 342.07. The future land use element
94must clearly identify the land use categories in which public
95schools are an allowable use. When delineating the land use
96categories in which public schools are an allowable use, a local
97government shall include in the categories sufficient land
98proximate to residential development to meet the projected needs
99for schools in coordination with public school boards and may
100establish differing criteria for schools of different type or
101size. Each local government shall include lands contiguous to
102existing school sites, to the maximum extent possible, within
103the land use categories in which public schools are an allowable
104use. The failure by a local government to comply with these
105school siting requirements will result in the prohibition of the
106local government's ability to amend the local comprehensive
107plan, except for plan amendments described in s. 163.3187(1)(b),
108until the school siting requirements are met. Amendments
109proposed by a local government for purposes of identifying the
110land use categories in which public schools are an allowable use
111are exempt from the limitation on the frequency of plan
112amendments contained in s. 163.3187. The future land use element
113shall include criteria that encourage the location of schools
114proximate to urban residential areas to the extent possible and
115shall require that the local government seek to collocate public
116facilities, such as parks, libraries, and community centers,
117with schools to the extent possible and to encourage the use of
118elementary schools as focal points for neighborhoods. For
119schools serving predominantly rural counties, defined as a
120county with a population of 100,000 or fewer, an agricultural
121land use category shall be eligible for the location of public
122school facilities if the local comprehensive plan contains
123school siting criteria and the location is consistent with such
124criteria. Local governments required to update or amend their
125comprehensive plan to include criteria and address compatibility
126of lands adjacent to an airport as defined in s. 330.35 and
127consistent with provisions in s. 333.02 adjacent or closely
128proximate lands with existing military installations in their
129future land use plan element shall transmit the update or
130amendment to the state land planning agency department by June
13130, 2011 2006.
132     (h)1.  An intergovernmental coordination element showing
133relationships and stating principles and guidelines to be used
134in the accomplishment of coordination of the adopted
135comprehensive plan with the plans of school boards, regional
136water supply authorities, and other units of local government
137providing services but not having regulatory authority over the
138use of land, with the comprehensive plans of adjacent
139municipalities, the county, adjacent counties, or the region,
140with the state comprehensive plan and with the applicable
141regional water supply plan approved pursuant to s. 373.0361, as
142the case may require and as such adopted plans or plans in
143preparation may exist. This element of the local comprehensive
144plan shall demonstrate consideration of the particular effects
145of the local plan, when adopted, upon the development of
146adjacent municipalities, the county, adjacent counties, or the
147region, or upon the state comprehensive plan, as the case may
148require.
149     a.  The intergovernmental coordination element shall
150provide for procedures to identify and implement joint planning
151areas, especially for the purpose of annexation, municipal
152incorporation, and joint infrastructure service areas.
153     b.  The intergovernmental coordination element shall
154provide for recognition of campus master plans prepared pursuant
155to s. 1013.30, and airport master plans pursuant to paragraph
156(k).
157     c.  The intergovernmental coordination element may provide
158for a voluntary dispute resolution process as established
159pursuant to s. 186.509 for bringing to closure in a timely
160manner intergovernmental disputes. A local government may
161develop and use an alternative local dispute resolution process
162for this purpose.
163     d.  The intergovernmental coordination element shall
164provide for interlocal agreements, as established pursuant to s.
165333.03(1)(b).
166     2.  The intergovernmental coordination element shall
167further state principles and guidelines to be used in the
168accomplishment of coordination of the adopted comprehensive plan
169with the plans of school boards and other units of local
170government providing facilities and services but not having
171regulatory authority over the use of land. In addition, the
172intergovernmental coordination element shall describe joint
173processes for collaborative planning and decisionmaking on
174population projections and public school siting, the location
175and extension of public facilities subject to concurrency, and
176siting facilities with countywide significance, including
177locally unwanted land uses whose nature and identity are
178established in an agreement. Within 1 year of adopting their
179intergovernmental coordination elements, each county, all the
180municipalities within that county, the district school board,
181and any unit of local government service providers in that
182county shall establish by interlocal or other formal agreement
183executed by all affected entities, the joint processes described
184in this subparagraph consistent with their adopted
185intergovernmental coordination elements.
186     3.  To foster coordination between special districts and
187local general-purpose governments as local general-purpose
188governments implement local comprehensive plans, each
189independent special district must submit a public facilities
190report to the appropriate local government as required by s.
191189.415.
192     4.a.  Local governments must execute an interlocal
193agreement with the district school board, the county, and
194nonexempt municipalities pursuant to s. 163.31777. The local
195government shall amend the intergovernmental coordination
196element to provide that coordination between the local
197government and school board is pursuant to the agreement and
198shall state the obligations of the local government under the
199agreement.
200     b.  Plan amendments that comply with this subparagraph are
201exempt from the provisions of s. 163.3187(1).
202     5.  The state land planning agency shall establish a
203schedule for phased completion and transmittal of plan
204amendments to implement subparagraphs 1., 2., and 3. from all
205jurisdictions so as to accomplish their adoption by December 31,
2061999. A local government may complete and transmit its plan
207amendments to carry out these provisions prior to the scheduled
208date established by the state land planning agency. The plan
209amendments are exempt from the provisions of s. 163.3187(1).
210     6.  By January 1, 2004, any county having a population
211greater than 100,000, and the municipalities and special
212districts within that county, shall submit a report to the
213Department of Community Affairs which:
214     a.  Identifies all existing or proposed interlocal service
215delivery agreements regarding the following: education; sanitary
216sewer; public safety; solid waste; drainage; potable water;
217parks and recreation; and transportation facilities.
218     b.  Identifies any deficits or duplication in the provision
219of services within its jurisdiction, whether capital or
220operational. Upon request, the Department of Community Affairs
221shall provide technical assistance to the local governments in
222identifying deficits or duplication.
223     7.  Within 6 months after submission of the report, the
224Department of Community Affairs shall, through the appropriate
225regional planning council, coordinate a meeting of all local
226governments within the regional planning area to discuss the
227reports and potential strategies to remedy any identified
228deficiencies or duplications.
229     8.  Each local government shall update its
230intergovernmental coordination element based upon the findings
231in the report submitted pursuant to subparagraph 6. The report
232may be used as supporting data and analysis for the
233intergovernmental coordination element.
234     (j)  For each unit of local government within an urbanized
235area designated for purposes of s. 339.175, a transportation
236element, which shall be prepared and adopted in lieu of the
237requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
238and (d) and which shall address the following issues:
239     1.  Traffic circulation, including major thoroughfares and
240other routes, including bicycle and pedestrian ways.
241     2.  All alternative modes of travel, such as public
242transportation, pedestrian, and bicycle travel.
243     3.  Parking facilities.
244     4.  Aviation, rail, seaport facilities, access to those
245facilities, and intermodal terminals.
246     5.  The availability of facilities and services to serve
247existing land uses and the compatibility between future land use
248and transportation elements.
249     6.  The capability to evacuate the coastal population prior
250to an impending natural disaster.
251     7.  Airports, projected airport and aviation development,
252and land use compatibility around airports that includes areas
253defined in ss. 333.01 and 333.02.
254     8.  An identification of land use densities, building
255intensities, and transportation management programs to promote
256public transportation systems in designated public
257transportation corridors so as to encourage population densities
258sufficient to support such systems.
259     9.  May include transportation corridors, as defined in s.
260334.03, intended for future transportation facilities designated
261pursuant to s. 337.273. If transportation corridors are
262designated, the local government may adopt a transportation
263corridor management ordinance.
264     Section 4.  Subsection (3) of section 163.3178, Florida
265Statutes, is amended to read:
266     163.3178  Coastal management.--
267     (3)  Expansions to port harbors, spoil disposal sites,
268navigation channels, turning basins, harbor berths, and other
269related inwater harbor facilities of ports listed in s.
270403.021(9); port transportation facilities and projects listed
271in s. 311.07(3)(b); and intermodal transportation facilities
272identified pursuant to s. 311.09(3) and facilities determined by
273the Department of Community Affairs and applicable general
274purpose local government to be port-related industrial or
275commercial projects located within 3 miles of or in a port
276master plan area which rely upon the utilization of port and
277intermodal transportation facilities shall not be developments
278of regional impact where such expansions, projects, or
279facilities are consistent with comprehensive master plans that
280are in compliance with this section.
281     Section 5.  Paragraph (c) is added to subsection (2) of
282section 163.3182, Florida Statutes, and paragraph (d) of
283subsection (3), paragraph (a) of subsection (4), and subsections
284(5) and (8) of that section are amended, to read:
285     163.3182  Transportation concurrency backlogs.--
286     (2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
287AUTHORITIES.--
288     (c)  The Legislature finds and declares that there exists
289in many counties and municipalities areas with significant
290transportation deficiencies and inadequate transportation
291facilities; that many such insufficiencies and inadequacies
292severely limit or prohibit the satisfaction of transportation
293concurrency standards; that such transportation insufficiencies
294and inadequacies affect the health, safety, and welfare of the
295residents of such counties and municipalities; that such
296transportation insufficiencies and inadequacies adversely affect
297economic development and growth of the tax base for the areas in
298which such insufficiencies and inadequacies exist; and that the
299elimination of transportation deficiencies and inadequacies and
300the satisfaction of transportation concurrency standards are
301paramount public purposes for the state and its counties and
302municipalities.
303     (3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
304AUTHORITY.--Each transportation concurrency backlog authority
305has the powers necessary or convenient to carry out the purposes
306of this section, including the following powers in addition to
307others granted in this section:
308     (d)  To borrow money, including, but not limited to,
309issuing debt obligations, such as, but not limited to, bonds,
310notes, certificates, and similar debt instruments; to apply for
311and accept advances, loans, grants, contributions, and any other
312forms of financial assistance from the Federal Government or the
313state, county, or any other public body or from any sources,
314public or private, for the purposes of this part; to give such
315security as may be required; to enter into and carry out
316contracts or agreements; and to include in any contracts for
317financial assistance with the Federal Government for or with
318respect to a transportation concurrency backlog project and
319related activities such conditions imposed pursuant to federal
320laws as the transportation concurrency backlog authority
321considers reasonable and appropriate and which are not
322inconsistent with the purposes of this section.
323     (4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
324     (a)  Each transportation concurrency backlog authority
325shall adopt a transportation concurrency backlog plan as a part
326of the local government comprehensive plan within 6 months after
327the creation of the authority. The plan shall:
328     1.  Identify all transportation facilities that have been
329designated as deficient and require the expenditure of moneys to
330upgrade, modify, or mitigate the deficiency.
331     2.  Include a priority listing of all transportation
332facilities that have been designated as deficient and do not
333satisfy concurrency requirements pursuant to s. 163.3180, and
334the applicable local government comprehensive plan.
335     3.  Establish a schedule for financing and construction of
336transportation concurrency backlog projects that will eliminate
337transportation concurrency backlogs within the jurisdiction of
338the authority within 10 years after the transportation
339concurrency backlog plan adoption. The schedule shall be adopted
340as part of the local government comprehensive plan.
341Notwithstanding such schedule requirements, as long as the
342schedule provides for the elimination of all transportation
343concurrency backlogs within 10 years after the adoption of the
344concurrency backlog plan, the final maturity date of any debt
345incurred to finance or refinance the related projects may be no
346later than 40 years after the date such debt is incurred and the
347authority may continue operations and administer the trust fund
348established as provided in subsection (5) for as long as such
349debt remains outstanding.
350     (5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
351concurrency backlog authority shall establish a local
352transportation concurrency backlog trust fund upon creation of
353the authority. Each local trust fund shall be administered by
354the transportation concurrency backlog authority within which a
355transportation concurrency backlog has been identified. Each
356local trust fund shall continue to be funded pursuant to this
357section for as long as the projects set forth in the related
358transportation concurrency backlog plan remain to be completed
359or until any debt incurred to finance or refinance the related
360projects are no longer outstanding, whichever occurs later.
361Beginning in the first fiscal year after the creation of the
362authority, each local trust fund shall be funded by the proceeds
363of an ad valorem tax increment collected within each
364transportation concurrency backlog area to be determined
365annually and shall be a minimum of 25 percent of the difference
366between the amounts set forth in paragraphs (a) and (b), except
367that if all of the affected taxing authorities agree pursuant to
368an interlocal agreement, a particular local trust fund may be
369funded by the proceeds of an ad valorem tax increment greater
370than 25 percent of the difference between the amounts set forth
371in paragraphs (a) and (b):
372     (a)  The amount of ad valorem tax levied each year by each
373taxing authority, exclusive of any amount from any debt service
374millage, on taxable real property contained within the
375jurisdiction of the transportation concurrency backlog authority
376and within the transportation backlog area; and
377     (b)  The amount of ad valorem taxes which would have been
378produced by the rate upon which the tax is levied each year by
379or for each taxing authority, exclusive of any debt service
380millage, upon the total of the assessed value of the taxable
381real property within the transportation concurrency backlog area
382as shown on the most recent assessment roll used in connection
383with the taxation of such property of each taxing authority
384prior to the effective date of the ordinance funding the trust
385fund.
386     (8)  DISSOLUTION.--Upon completion of all transportation
387concurrency backlog projects and repayment or defeasance of all
388debt issued to finance or refinance such projects, a
389transportation concurrency backlog authority shall be dissolved,
390and its assets and liabilities shall be transferred to the
391county or municipality within which the authority is located.
392All remaining assets of the authority must be used for
393implementation of transportation projects within the
394jurisdiction of the authority. The local government
395comprehensive plan shall be amended to remove the transportation
396concurrency backlog plan.
397     Section 6.  Paragraph (c) of subsection (9) of section
398287.055, Florida Statutes, is amended to read:
399     287.055  Acquisition of professional architectural,
400engineering, landscape architectural, or surveying and mapping
401services; definitions; procedures; contingent fees prohibited;
402penalties.--
403     (9)  APPLICABILITY TO DESIGN-BUILD CONTRACTS.--
404     (c)  Except as otherwise provided in s. 337.11(8)(7), the
405Department of Management Services shall adopt rules for the
406award of design-build contracts to be followed by state
407agencies. Each other agency must adopt rules or ordinances for
408the award of design-build contracts. Municipalities, political
409subdivisions, school districts, and school boards shall award
410design-build contracts by the use of a competitive proposal
411selection process as described in this subsection, or by the use
412of a qualifications-based selection process pursuant to
413subsections (3), (4), and (5) for entering into a contract
414whereby the selected firm will, subsequent to competitive
415negotiations, establish a guaranteed maximum price and
416guaranteed completion date. If the procuring agency elects the
417option of qualifications-based selection, during the selection
418of the design-build firm the procuring agency shall employ or
419retain a licensed design professional appropriate to the project
420to serve as the agency's representative. Procedures for the use
421of a competitive proposal selection process must include as a
422minimum the following:
423     1.  The preparation of a design criteria package for the
424design and construction of the public construction project.
425     2.  The qualification and selection of no fewer than three
426design-build firms as the most qualified, based on the
427qualifications, availability, and past work of the firms,
428including the partners or members thereof.
429     3.  The criteria, procedures, and standards for the
430evaluation of design-build contract proposals or bids, based on
431price, technical, and design aspects of the public construction
432project, weighted for the project.
433     4.  The solicitation of competitive proposals, pursuant to
434a design criteria package, from those qualified design-build
435firms and the evaluation of the responses or bids submitted by
436those firms based on the evaluation criteria and procedures
437established prior to the solicitation of competitive proposals.
438     5.  For consultation with the employed or retained design
439criteria professional concerning the evaluation of the responses
440or bids submitted by the design-build firms, the supervision or
441approval by the agency of the detailed working drawings of the
442project; and for evaluation of the compliance of the project
443construction with the design criteria package by the design
444criteria professional.
445     6.  In the case of public emergencies, for the agency head
446to declare an emergency and authorize negotiations with the best
447qualified design-build firm available at that time.
448     Section 7.  Section 316.0741, Florida Statutes, is amended
449to read:
450     316.0741  High-occupancy-vehicle High occupancy vehicle
451lanes.--
452     (1)  As used in this section, the term:
453     (a)  "High-occupancy-vehicle High occupancy vehicle lane"
454or "HOV lane" means a lane of a public roadway designated for
455use by vehicles in which there is more than one occupant unless
456otherwise authorized by federal law.
457     (b)  "Hybrid vehicle" means a motor vehicle:
458     1.  That draws propulsion energy from onboard sources of
459stored energy which are both an internal combustion or heat
460engine using combustible fuel and a rechargeable energy-storage
461system; and
462     2.  That, in the case of a passenger automobile or light
463truck, has received a certificate of conformity under the Clean
464Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
465equivalent qualifying California standards for a low-emission
466vehicle.
467     (2)  The number of persons that must be in a vehicle to
468qualify for legal use of the HOV lane and the hours during which
469the lane will serve as an HOV lane, if it is not designated as
470such on a full-time basis, must also be indicated on a traffic
471control device.
472     (3)  Except as provided in subsection (4), a vehicle may
473not be driven in an HOV lane if the vehicle is occupied by fewer
474than the number of occupants indicated by a traffic control
475device. A driver who violates this section shall be cited for a
476moving violation, punishable as provided in chapter 318.
477     (4)(a)  Notwithstanding any other provision of this
478section, an inherently low-emission vehicle (ILEV) that is
479certified and labeled in accordance with federal regulations may
480be driven in an HOV lane at any time, regardless of its
481occupancy. In addition, upon the state's receipt of written
482notice from the proper federal regulatory agency authorizing
483such use, a vehicle defined as a hybrid vehicle under this
484section may be driven in an HOV lane at any time, regardless of
485its occupancy.
486     (b)  All eligible hybrid and all eligible other low-
487emission and energy-efficient vehicles driven in an HOV lane
488must comply with the minimum fuel economy standards in 23 U.S.C.
489s. 166(f)(3)(B).
490     (c)  Upon issuance of the applicable Environmental
491Protection Agency final rule pursuant to 23 U.S.C. s. 166(e),
492relating to the eligibility of hybrid and other low-emission and
493energy-efficient vehicles for operation in an HOV lane
494regardless of occupancy, the Department of Transportation shall
495review the rule and recommend to the Legislature any statutory
496changes necessary for compliance with the federal rule. The
497department shall provide its recommendations no later than 30
498days following issuance of the final rule.
499     (5)  The department shall issue a decal and registration
500certificate, to be renewed annually, reflecting the HOV lane
501designation on such vehicles meeting the criteria in subsection
502(4) authorizing driving in an HOV lane at any time such use. The
503department may charge a fee for a decal, not to exceed the costs
504of designing, producing, and distributing each decal, or $5,
505whichever is less. The proceeds from sale of the decals shall be
506deposited in the Highway Safety Operating Trust Fund. The
507department may, for reasons of operation and management of HOV
508facilities, limit or discontinue issuance of decals for the use
509of HOV facilities by hybrid and low-emission and energy-
510efficient vehicles, regardless of occupancy, if it has been
511determined by the Department of Transportation that the
512facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
513     (6)  Vehicles having decals by virtue of compliance with
514the minimum fuel economy standards under 23 U.S.C. s.
515166(f)(3)(B), and which are registered for use in high-occupancy
516toll lanes or express lanes in accordance with Department of
517Transportation rule, shall be allowed to use any HOV lanes
518redesignated as high-occupancy toll lanes or express lanes
519without payment of a toll.
520     (5)  As used in this section, the term "hybrid vehicle"
521means a motor vehicle:
522     (a)  That draws propulsion energy from onboard sources of
523stored energy which are both:
524     1.  An internal combustion or heat engine using combustible
525fuel; and
526     2.  A rechargeable energy storage system; and
527     (b)  That, in the case of a passenger automobile or light
528truck:
529     1.  Has received a certificate of conformity under the
530Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
531     2.  Meets or exceeds the equivalent qualifying California
532standards for a low-emission vehicle.
533     (7)(6)  The department may adopt rules necessary to
534administer this section.
535     Section 8.  Subsection (4) of section 316.193, Florida
536Statutes, is amended to read:
537     316.193  Driving under the influence; penalties.--
538     (4)(a)  Any person who is convicted of a violation of
539subsection (1) and who has a blood-alcohol level or breath-
540alcohol level of 0.15 0.20 or higher, or any person who is
541convicted of a violation of subsection (1) and who at the time
542of the offense was accompanied in the vehicle by a person under
543the age of 18 years, shall be punished:
544     1.(a)  By a fine of:
545     a.1.  Not less than $500 or more than $1,000 for a first
546conviction.
547     b.2.  Not less than $1,000 or more than $2,000 for a second
548conviction.
549     c.3.  Not less than $2,000 for a third or subsequent
550conviction.
551     2.(b)  By imprisonment for:
552     a.1.  Not more than 9 months for a first conviction.
553     b.2.  Not more than 12 months for a second conviction.
554     (b)  For the purposes of this subsection, only the instant
555offense is required to be a violation of subsection (1) by a
556person who has a blood-alcohol level or breath-alcohol level of
5570.15 0.20 or higher.
558     (c)  In addition to the penalties in subparagraphs (a)1.
559and 2. paragraphs (a) and (b), the court shall order the
560mandatory placement, at the convicted person's sole expense, of
561an ignition interlock device approved by the department in
562accordance with s. 316.1938 upon all vehicles that are
563individually or jointly leased or owned and routinely operated
564by the convicted person for not less than up to 6 continuous
565months for the first offense and for not less than at least 2
566continuous years for a second offense, when the convicted person
567qualifies for a permanent or restricted license. The
568installation of such device may not occur before July 1, 2003.
569     Section 9.  Effective October 1, 2008, paragraph (b) of
570subsection (1) and subsections (6) and (8) of section 316.302,
571Florida Statutes, are amended to read:
572     316.302  Commercial motor vehicles; safety regulations;
573transporters and shippers of hazardous materials; enforcement.--
574     (1)
575     (b)  Except as otherwise provided in this section, all
576owners or drivers of commercial motor vehicles that are engaged
577in intrastate commerce are subject to the rules and regulations
578contained in 49 C.F.R. parts 382, 385, and 390-397, with the
579exception of 49 C.F.R. s. 390.5 as it relates to the definition
580of bus, as such rules and regulations existed on October 1, 2007
5812005.
582     (6)  The state Department of Transportation shall perform
583the duties that are assigned to the Field Administrator, Federal
584Motor Carrier Safety Administration Regional Federal Highway
585Administrator under the federal rules, and an agent of that
586department, as described in s. 316.545(9), may enforce those
587rules.
588     (8)  For the purpose of enforcing this section, any law
589enforcement officer of the Department of Transportation or duly
590appointed agent who holds a current safety inspector
591certification from the Commercial Vehicle Safety Alliance may
592require the driver of any commercial vehicle operated on the
593highways of this state to stop and submit to an inspection of
594the vehicle or the driver's records. If the vehicle or driver is
595found to be operating in an unsafe condition, or if any required
596part or equipment is not present or is not in proper repair or
597adjustment, and the continued operation would present an unduly
598hazardous operating condition, the officer may require the
599vehicle or the driver to be removed from service pursuant to the
600North American Standard Uniform Out-of-Service Criteria, until
601corrected. However, if continuous operation would not present an
602unduly hazardous operating condition, the officer may give
603written notice requiring correction of the condition within 14
604days.
605     (a)  Any member of the Florida Highway Patrol or any law
606enforcement officer employed by a sheriff's office or municipal
607police department authorized to enforce the traffic laws of this
608state pursuant to s. 316.640 who has reason to believe that a
609vehicle or driver is operating in an unsafe condition may, as
610provided in subsection (10), enforce the provisions of this
611section.
612     (b)  Any person who fails to comply with an officer's
613request to submit to an inspection under this subsection commits
614a violation of s. 843.02 if the person resists the officer
615without violence or a violation of s. 843.01 if the person
616resists the officer with violence.
617     Section 10.  Subsection (2) of section 316.613, Florida
618Statutes, is amended to read:
619     316.613  Child restraint requirements.--
620     (2)  As used in this section, the term "motor vehicle"
621means a motor vehicle as defined in s. 316.003 which that is
622operated on the roadways, streets, and highways of the state.
623The term does not include:
624     (a)  A school bus as defined in s. 316.003(45).
625     (b)  A bus used for the transportation of persons for
626compensation, other than a bus regularly used to transport
627children to or from school, as defined in s. 316.615(1) (b), or
628in conjunction with school activities.
629     (c)  A farm tractor or implement of husbandry.
630     (d)  A truck having a gross vehicle weight rating of more
631than 26,000 of net weight of more than 5,000 pounds.
632     (e)  A motorcycle, moped, or bicycle.
633     Section 11.  Paragraph (a) of subsection (3) of section
634316.614, Florida Statutes, is amended to read:
635     316.614  Safety belt usage.--
636     (3)  As used in this section:
637     (a)  "Motor vehicle" means a motor vehicle as defined in s.
638316.003 which that is operated on the roadways, streets, and
639highways of this state. The term does not include:
640     1.  A school bus.
641     2.  A bus used for the transportation of persons for
642compensation.
643     3.  A farm tractor or implement of husbandry.
644     4.  A truck having a gross vehicle weight rating of more
645than 26,000 of a net weight of more than 5,000 pounds.
646     5.  A motorcycle, moped, or bicycle.
647     Section 12.  Paragraph (a) of subsection (2) of section
648316.656, Florida Statutes, is amended to read:
649     316.656  Mandatory adjudication; prohibition against
650accepting plea to lesser included offense.--
651     (2)(a)  No trial judge may accept a plea of guilty to a
652lesser offense from a person charged under the provisions of
653this act who has been given a breath or blood test to determine
654blood or breath alcohol content, the results of which show a
655blood or breath alcohol content by weight of 0.15 0.20 percent
656or more.
657     Section 13.  Section 322.64, Florida Statutes, is amended
658to read:
659     322.64  Holder of commercial driver's license; persons
660operating a commercial motor vehicle; driving with unlawful
661blood-alcohol level; refusal to submit to breath, urine, or
662blood test.--
663     (1)(a)  A law enforcement officer or correctional officer
664shall, on behalf of the department, disqualify from operating
665any commercial motor vehicle a person who while operating or in
666actual physical control of a commercial motor vehicle is
667arrested for a violation of s. 316.193, relating to unlawful
668blood-alcohol level or breath-alcohol level, or a person who has
669refused to submit to a breath, urine, or blood test authorized
670by s. 322.63 arising out of the operation or actual physical
671control of a commercial motor vehicle. A law enforcement officer
672or correctional officer shall, on behalf of the department,
673disqualify the holder of a commercial driver's license from
674operating any commercial motor vehicle if the licenseholder,
675while operating or in actual physical control of a motor
676vehicle, is arrested for a violation of s. 316.193, relating to
677unlawful blood-alcohol level or breath-alcohol level, or refused
678to submit to a breath, urine, or blood test authorized by s.
679322.63. Upon disqualification of the person, the officer shall
680take the person's driver's license and issue the person a 10-day
681temporary permit for the operation of noncommercial vehicles
682only if the person is otherwise eligible for the driving
683privilege and shall issue the person a notice of
684disqualification. If the person has been given a blood, breath,
685or urine test, the results of which are not available to the
686officer at the time of the arrest, the agency employing the
687officer shall transmit such results to the department within 5
688days after receipt of the results. If the department then
689determines that the person was arrested for a violation of s.
690316.193 and that the person had a blood-alcohol level or breath-
691alcohol level of 0.08 or higher, the department shall disqualify
692the person from operating a commercial motor vehicle pursuant to
693subsection (3).
694     (b)  The disqualification under paragraph (a) shall be
695pursuant to, and the notice of disqualification shall inform the
696driver of, the following:
697     1.a.  The driver refused to submit to a lawful breath,
698blood, or urine test and he or she is disqualified from
699operating a commercial motor vehicle for a period of 1 year, for
700a first refusal, or permanently, if he or she has previously
701been disqualified as a result of a refusal to submit to such a
702test; or
703     b.  The driver was driving or in actual physical control of
704a commercial motor vehicle, or any motor vehicle if the driver
705holds a commercial driver's license, had an unlawful blood-
706alcohol level or breath-alcohol level of 0.08 or higher, and his
707or her driving privilege shall be disqualified for a period of 1
708year for a first offense or permanently disqualified if his or
709her driving privilege has been previously disqualified under
710this section. violated s. 316.193 by driving with an unlawful
711blood-alcohol level and he or she is disqualified from operating
712a commercial motor vehicle for a period of 6 months for a first
713offense or for a period of 1 year if he or she has previously
714been disqualified, or his or her driving privilege has been
715previously suspended, for a violation of s. 316.193.
716     2.  The disqualification period for operating commercial
717vehicles shall commence on the date of arrest or issuance of the
718notice of disqualification, whichever is later.
719     3.  The driver may request a formal or informal review of
720the disqualification by the department within 10 days after the
721date of arrest or issuance of the notice of disqualification,
722whichever is later.
723     4.  The temporary permit issued at the time of arrest or
724disqualification expires will expire at midnight of the 10th day
725following the date of disqualification.
726     5.  The driver may submit to the department any materials
727relevant to the disqualification arrest.
728     (2)  Except as provided in paragraph (1)(a), the law
729enforcement officer shall forward to the department, within 5
730days after the date of the arrest or the issuance of the notice
731of disqualification, whichever is later, a copy of the notice of
732disqualification, the driver's license of the person
733disqualified arrested, and a report of the arrest, including, if
734applicable, an affidavit stating the officer's grounds for
735belief that the person disqualified arrested was operating or in
736actual physical control of a commercial motor vehicle, or holds
737a commercial driver's license, and had an unlawful blood-alcohol
738or breath-alcohol level in violation of s. 316.193; the results
739of any breath or blood or urine test or an affidavit stating
740that a breath, blood, or urine test was requested by a law
741enforcement officer or correctional officer and that the person
742arrested refused to submit; a copy of the notice of
743disqualification citation issued to the person arrested; and the
744officer's description of the person's field sobriety test, if
745any. The failure of the officer to submit materials within the
7465-day period specified in this subsection or subsection (1) does
747shall not affect the department's ability to consider any
748evidence submitted at or prior to the hearing. The officer may
749also submit a copy of a videotape of the field sobriety test or
750the attempt to administer such test and a copy of the crash
751report, if any.
752     (3)  If the department determines that the person arrested
753should be disqualified from operating a commercial motor vehicle
754pursuant to this section and if the notice of disqualification
755has not already been served upon the person by a law enforcement
756officer or correctional officer as provided in subsection (1),
757the department shall issue a notice of disqualification and,
758unless the notice is mailed pursuant to s. 322.251, a temporary
759permit which expires 10 days after the date of issuance if the
760driver is otherwise eligible.
761     (4)  If the person disqualified arrested requests an
762informal review pursuant to subparagraph (1)(b)3., the
763department shall conduct the informal review by a hearing
764officer employed by the department. Such informal review hearing
765shall consist solely of an examination by the department of the
766materials submitted by a law enforcement officer or correctional
767officer and by the person disqualified arrested, and the
768presence of an officer or witness is not required.
769     (5)  After completion of the informal review, notice of the
770department's decision sustaining, amending, or invalidating the
771disqualification must be provided to the person. Such notice
772must be mailed to the person at the last known address shown on
773the department's records, and to the address provided in the law
774enforcement officer's report if such address differs from the
775address of record, within 21 days after the expiration of the
776temporary permit issued pursuant to subsection (1) or subsection
777(3).
778     (6)(a)  If the person disqualified arrested requests a
779formal review, the department must schedule a hearing to be held
780within 30 days after such request is received by the department
781and must notify the person of the date, time, and place of the
782hearing.
783     (b)  Such formal review hearing shall be held before a
784hearing officer employed by the department, and the hearing
785officer shall be authorized to administer oaths, examine
786witnesses and take testimony, receive relevant evidence, issue
787subpoenas for the officers and witnesses identified in documents
788as provided in subsection (2), regulate the course and conduct
789of the hearing, and make a ruling on the disqualification. The
790department and the person disqualified arrested may subpoena
791witnesses, and the party requesting the presence of a witness
792shall be responsible for the payment of any witness fees. If the
793person who requests a formal review hearing fails to appear and
794the hearing officer finds such failure to be without just cause,
795the right to a formal hearing is waived and the department shall
796conduct an informal review of the disqualification under
797subsection (4).
798     (c)  A party may seek enforcement of a subpoena under
799paragraph (b) by filing a petition for enforcement in the
800circuit court of the judicial circuit in which the person
801failing to comply with the subpoena resides. A failure to comply
802with an order of the court shall result in a finding of contempt
803of court. However, a person shall not be in contempt while a
804subpoena is being challenged.
805     (d)  The department must, within 7 days after a formal
806review hearing, send notice to the person of the hearing
807officer's decision as to whether sufficient cause exists to
808sustain, amend, or invalidate the disqualification.
809     (7)  In a formal review hearing under subsection (6) or an
810informal review hearing under subsection (4), the hearing
811officer shall determine by a preponderance of the evidence
812whether sufficient cause exists to sustain, amend, or invalidate
813the disqualification. The scope of the review shall be limited
814to the following issues:
815     (a)  If the person was disqualified from operating a
816commercial motor vehicle for driving with an unlawful blood-
817alcohol level in violation of s. 316.193:
818     1.  Whether the arresting law enforcement officer had
819probable cause to believe that the person was driving or in
820actual physical control of a commercial motor vehicle, or any
821motor vehicle if the driver holds a commercial driver's license,
822in this state while he or she had any alcohol, chemical
823substances, or controlled substances in his or her body.
824     2.  Whether the person was placed under lawful arrest for a
825violation of s. 316.193.
826     2.3.  Whether the person had an unlawful blood-alcohol
827level or breath-alcohol level of 0.08 or higher as provided in
828s. 316.193.
829     (b)  If the person was disqualified from operating a
830commercial motor vehicle for refusal to submit to a breath,
831blood, or urine test:
832     1.  Whether the law enforcement officer had probable cause
833to believe that the person was driving or in actual physical
834control of a commercial motor vehicle, or any motor vehicle if
835the driver holds a commercial driver's license, in this state
836while he or she had any alcohol, chemical substances, or
837controlled substances in his or her body.
838     2.  Whether the person refused to submit to the test after
839being requested to do so by a law enforcement officer or
840correctional officer.
841     3.  Whether the person was told that if he or she refused
842to submit to such test he or she would be disqualified from
843operating a commercial motor vehicle for a period of 1 year or,
844in the case of a second refusal, permanently.
845     (8)  Based on the determination of the hearing officer
846pursuant to subsection (7) for both informal hearings under
847subsection (4) and formal hearings under subsection (6), the
848department shall:
849     (a)  Sustain the disqualification for a period of 1 year
850for a first refusal, or permanently if such person has been
851previously disqualified from operating a commercial motor
852vehicle as a result of a refusal to submit to such tests. The
853disqualification period commences on the date of the arrest or
854issuance of the notice of disqualification, whichever is later.
855     (b)  Sustain the disqualification:
856     1.  For a period of 1 year if the person was driving or in
857actual physical control of a commercial motor vehicle, or any
858motor vehicle if the driver holds a commercial driver's license,
859and had an unlawful blood-alcohol level or breath-alcohol level
860of 0.08 or higher; or 6 months for a violation of s. 316.193 or
861for a period of 1 year
862     2.  Permanently if the person has been previously
863disqualified from operating a commercial motor vehicle or his or
864her driving privilege has been previously suspended for driving
865or being in actual physical control of a commercial motor
866vehicle, or any motor vehicle if the driver holds a commercial
867driver's license, and had an unlawful blood-alcohol level or
868breath-alcohol level of 0.08 or higher as a result of a
869violation of s. 316.193.
870
871The disqualification period commences on the date of the arrest
872or issuance of the notice of disqualification, whichever is
873later.
874     (9)  A request for a formal review hearing or an informal
875review hearing shall not stay the disqualification. If the
876department fails to schedule the formal review hearing to be
877held within 30 days after receipt of the request therefor, the
878department shall invalidate the disqualification. If the
879scheduled hearing is continued at the department's initiative,
880the department shall issue a temporary driving permit limited to
881noncommercial vehicles which is shall be valid until the hearing
882is conducted if the person is otherwise eligible for the driving
883privilege. Such permit shall not be issued to a person who
884sought and obtained a continuance of the hearing. The permit
885issued under this subsection shall authorize driving for
886business purposes or employment use only.
887     (10)  A person who is disqualified from operating a
888commercial motor vehicle under subsection (1) or subsection (3)
889is eligible for issuance of a license for business or employment
890purposes only under s. 322.271 if the person is otherwise
891eligible for the driving privilege. However, such business or
892employment purposes license shall not authorize the driver to
893operate a commercial motor vehicle.
894     (11)  The formal review hearing may be conducted upon a
895review of the reports of a law enforcement officer or a
896correctional officer, including documents relating to the
897administration of a breath test or blood test or the refusal to
898take either test. However, as provided in subsection (6), the
899driver may subpoena the officer or any person who administered
900or analyzed a breath or blood test.
901     (12)  The formal review hearing and the informal review
902hearing are exempt from the provisions of chapter 120. The
903department is authorized to adopt rules for the conduct of
904reviews under this section.
905     (13)  A person may appeal any decision of the department
906sustaining the disqualification from operating a commercial
907motor vehicle by a petition for writ of certiorari to the
908circuit court in the county wherein such person resides or
909wherein a formal or informal review was conducted pursuant to s.
910322.31. However, an appeal shall not stay the disqualification.
911This subsection shall not be construed to provide for a de novo
912appeal.
913     (14)  The decision of the department under this section
914shall not be considered in any trial for a violation of s.
915316.193, s. 322.61, or s. 322.62, nor shall any written
916statement submitted by a person in his or her request for
917departmental review under this section be admissible into
918evidence against him or her in any such trial. The disposition
919of any related criminal proceedings shall not affect a
920disqualification imposed pursuant to this section.
921     (15)  This section does not preclude the suspension of the
922driving privilege pursuant to s. 322.2615. The driving privilege
923of a person who has been disqualified from operating a
924commercial motor vehicle also may be suspended for a violation
925of s. 316.193.
926     Section 14.  Notwithstanding any law to the contrary, a
927county, municipality, or special district may not own or operate
928an asphalt plant or a portable or stationary concrete batch
929plant having an independent mixer; however, this prohibition
930does not apply to any county that owns or is under contract to
931purchase an asphalt plant as of April 15, 2008, and that
932furnishes its plant-generated asphalt solely for use by local
933governments or company's under contract with local governments
934for projects within the boundaries of such county. Sale of plant
935generated asphalt to private entities or local governments
936outside the boundaries of such county is prohibited.
937     Section 15.  Paragraph (g) of subsection (5) of section
938337.0261, Florida Statutes, is amended to read:
939     337.0261  Construction aggregate materials.--
940     (5)  STRATEGIC AGGREGATES REVIEW TASK FORCE.--
941     (g)  The task force shall be dissolved on June 30, 2009
942July 1, 2008.
943     Section 16.  Paragraph (a) of subsection (7) of section
944337.11, Florida Statutes, is amended to read:
945     337.11  Contracting authority of department; bids;
946emergency repairs, supplemental agreements, and change orders;
947combined design and construction contracts; progress payments;
948records; requirements of vehicle registration.--
949     (7)(a)  If the head of the department determines that it is
950in the best interests of the public, the department may combine
951the design and construction phases of a building, a major
952bridge, a limited access facility, or a rail corridor project
953into a single contract. Such contract is referred to as a
954design-build contract. The department's goal shall be to procure
955up to 25 percent of the construction contracts that add capacity
956in the 5-year adopted work program as design-build contracts by
957July 1, 2013. Design-build contracts may be advertised and
958awarded notwithstanding the requirements of paragraph (3)(c).
959However, construction activities may not begin on any portion of
960such projects for which the department has not yet obtained
961title to the necessary rights-of-way and easements for the
962construction of that portion of the project has vested in the
963state or a local governmental entity and all railroad crossing
964and utility agreements have been executed. Title to rights-of-
965way shall be deemed to have vested in the state when the title
966has been dedicated to the public or acquired by prescription.
967     Section 17.  Subsection (7) of section 337.14, Florida
968Statutes, is amended to read:
969     337.14  Application for qualification; certificate of
970qualification; restrictions; request for hearing.--
971     (7)  No "contractor" as defined in s. 337.165(1)(d) or his
972or her "affiliate" as defined in s. 337.165(1)(a) qualified with
973the department under this section may also qualify under s.
974287.055 or s. 337.105 to provide testing services, construction,
975engineering, and inspection services to the department. This
976limitation shall not apply to any design-build prequalification
977under s. 337.11(8)(7).
978     Section 18.  Paragraph (a) of subsection (2) of section
979337.16, Florida Statutes, is amended to read:
980     337.16  Disqualification of delinquent contractors from
981bidding; determination of contractor nonresponsibility; denial,
982suspension, and revocation of certificates of qualification;
983grounds; hearing.--
984     (2)  For reasons other than delinquency in progress, the
985department, for good cause, may determine any contractor not
986having a certificate of qualification nonresponsible for a
987specified period of time or may deny, suspend, or revoke any
988certificate of qualification. Good cause includes, but is not
989limited to, circumstances in which a contractor or the
990contractor's official representative:
991     (a)  Makes or submits to the department false, deceptive,
992or fraudulent statements or materials in any bid proposal to the
993department, any application for a certificate of qualification,
994any certification of payment pursuant to s. 337.11(11)(10), or
995any administrative or judicial proceeding;
996     Section 19.  Paragraph (b) of subsection (1) of section
997337.18 is amended to read:
998     337.18  Surety bonds for construction or maintenance
999contracts; requirement with respect to contract award; bond
1000requirements; defaults; damage assessments.--
1001     (1)
1002     (b)  Prior to beginning any work under the contract, the
1003contractor shall maintain a copy of the payment and performance
1004bond required under this section at its principal place of
1005business and at the jobsite office, if one is established, and
1006the contractor shall provide a copy of the payment and
1007performance bond within 5 days after receipt of any written
1008request therefor. A copy of the payment and performance bond
1009required under this section may also be obtained directly from
1010the department via a request made pursuant to chapter 119. Upon
1011execution of the contract, and prior to beginning any work under
1012the contract, the contractor shall record in the public records
1013of the county where the improvement is located the payment and
1014performance bond required under this section. A claimant shall
1015have a right of action against the contractor and surety for the
1016amount due him or her, including unpaid finance charges due
1017under the claimant's contract. Such action shall not involve the
1018department in any expense.
1019     Section 20.  Subsections (1), (2), and (7) of section
1020337.185, Florida Statutes, are amended to read:
1021     337.185  State Arbitration Board.--
1022     (1)  To facilitate the prompt settlement of claims for
1023additional compensation arising out of construction and
1024maintenance contracts between the department and the various
1025contractors with whom it transacts business, the Legislature
1026does hereby establish the State Arbitration Board, referred to
1027in this section as the "board." For the purpose of this section,
1028"claim" shall mean the aggregate of all outstanding claims by a
1029party arising out of a construction or maintenance contract.
1030Every contractual claim in an amount up to $250,000 per contract
1031or, at the claimant's option, up to $500,000 per contract or,
1032upon agreement of the parties, up to $1 million per contract
1033that cannot be resolved by negotiation between the department
1034and the contractor shall be arbitrated by the board after
1035acceptance of the project by the department. As an exception,
1036either party to the dispute may request that the claim be
1037submitted to binding private arbitration. A court of law may not
1038consider the settlement of such a claim until the process
1039established by this section has been exhausted.
1040     (2)  The board shall be composed of three members. One
1041member shall be appointed by the head of the department, and one
1042member shall be elected by those construction or maintenance
1043companies who are under contract with the department. The third
1044member shall be chosen by agreement of the other two members.
1045Whenever the third member has a conflict of interest regarding
1046affiliation with one of the parties, the other two members shall
1047select an alternate member for that hearing. The head of the
1048department may select an alternative or substitute to serve as
1049the department member for any hearing or term. Each member shall
1050serve a 2-year term. The board shall elect a chair, each term,
1051who shall be the administrator of the board and custodian of its
1052records.
1053     (7)  The members of the board may receive compensation for
1054the performance of their duties hereunder, from administrative
1055fees received by the board, except that no employee of the
1056department may receive compensation from the board. The
1057compensation amount shall be determined by the board, but shall
1058not exceed $125 per hour, up to a maximum of $1,000 per day for
1059each member authorized to receive compensation. Nothing in this
1060section shall prevent the member elected by construction or
1061maintenance companies from being an employee of an association
1062affiliated with the industry, even if the sole responsibility of
1063that member is service on the board. Travel expenses for the
1064industry member may be paid by an industry association, if
1065necessary. The board may allocate funds annually for clerical
1066and other administrative services.
1067     Section 21.  Subsection (1) of section 337.403, Florida
1068Statutes, is amended to read:
1069     337.403  Relocation of utility; expenses.--
1070     (1)  Any utility heretofore or hereafter placed upon,
1071under, over, or along any public road or publicly owned rail
1072corridor that is found by the authority to be unreasonably
1073interfering in any way with the convenient, safe, or continuous
1074use, or the maintenance, improvement, extension, or expansion,
1075of such public road or publicly owned rail corridor shall, upon
107630 days' written notice to the utility or its agent by the
1077authority, be removed or relocated by such utility at its own
1078expense except as provided in paragraphs (a)-(f) (a), (b), and
1079(c).
1080     (a)  If the relocation of utility facilities, as referred
1081to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
1082627 of the 84th Congress, is necessitated by the construction of
1083a project on the federal-aid interstate system, including
1084extensions thereof within urban areas, and the cost of such
1085project is eligible and approved for reimbursement by the
1086Federal Government to the extent of 90 percent or more under the
1087Federal Aid Highway Act, or any amendment thereof, then in that
1088event the utility owning or operating such facilities shall
1089relocate such facilities upon order of the department, and the
1090state shall pay the entire expense properly attributable to such
1091relocation after deducting therefrom any increase in the value
1092of the new facility and any salvage value derived from the old
1093facility.
1094     (b)  When a joint agreement between the department and the
1095utility is executed for utility improvement, relocation, or
1096removal work to be accomplished as part of a contract for
1097construction of a transportation facility, the department may
1098participate in those utility improvement, relocation, or removal
1099costs that exceed the department's official estimate of the cost
1100of such work by more than 10 percent. The amount of such
1101participation shall be limited to the difference between the
1102official estimate of all the work in the joint agreement plus 10
1103percent and the amount awarded for this work in the construction
1104contract for such work. The department may not participate in
1105any utility improvement, relocation, or removal costs that occur
1106as a result of changes or additions during the course of the
1107contract.
1108     (c)  When an agreement between the department and utility
1109is executed for utility improvement, relocation, or removal work
1110to be accomplished in advance of a contract for construction of
1111a transportation facility, the department may participate in the
1112cost of clearing and grubbing necessary to perform such work.
1113     (d)  If the utility facility being removed or relocated was
1114initially installed to exclusively serve the department, its
1115tenants, or both the department and its tenants, the department
1116shall bear the costs of removal or relocation of that utility
1117facility. The department shall not be responsible, however, for
1118bearing the cost of removal or relocation of any subsequent
1119additions to that facility for the purpose of serving others.
1120     (e)  If, pursuant to an agreement between a utility and the
1121authority entered into after the effective date of this
1122subsection, the utility conveys, subordinates, or relinquishes a
1123compensable property right to the authority for the purpose of
1124accommodating the acquisition or use of the right-of-way by the
1125authority, without the agreement expressly addressing future
1126responsibility for cost of removal or relocation of the utility,
1127then the authority shall bear the cost of such removal or
1128relocation. Nothing in this paragraph is intended to impair or
1129restrict, or be used to interpret, the terms of any such
1130agreement entered into prior to the effective date of this
1131paragraph.
1132     (f)  If the utility is an electric facility being relocated
1133underground in order to enhance vehicular, bicycle, and
1134pedestrian safety and in which ownership of the electric
1135facility to be placed underground has been transferred from a
1136private to a public utility within the past 5 years, the
1137department shall incur all costs of the relocation.
1138     Section 22.  Subsections (4) and (5) of section 337.408,
1139Florida Statutes, are amended, subsection (7) is renumbered as
1140subsection (8), and a new subsection (7) is added to that
1141section, to read:
1142     337.408  Regulation of benches, transit shelters, street
1143light poles, waste disposal receptacles, and modular news racks
1144within rights-of-way.--
1145     (4)  The department has the authority to direct the
1146immediate relocation or removal of any bench, transit shelter,
1147waste disposal receptacle, public pay telephone, or modular news
1148rack which endangers life or property, except that transit bus
1149benches which have been placed in service prior to April 1,
11501992, are not required to comply with bench size and advertising
1151display size requirements which have been established by the
1152department prior to March 1, 1992. Any transit bus bench that
1153was in service prior to April 1, 1992, may be replaced with a
1154bus bench of the same size or smaller, if the bench is damaged
1155or destroyed or otherwise becomes unusable. The department is
1156authorized to adopt rules relating to the regulation of bench
1157size and advertising display size requirements. If a
1158municipality or county within which a bench is to be located has
1159adopted an ordinance or other applicable regulation that
1160establishes bench size or advertising display sign requirements
1161different from requirements specified in department rule, the
1162local government requirement shall be applicable within the
1163respective municipality or county. Placement of any bench or
1164advertising display on the National Highway System under a local
1165ordinance or regulation adopted pursuant to this subsection
1166shall be subject to approval of the Federal Highway
1167Administration.
1168     (5)  No bench, transit shelter, waste disposal receptacle,
1169public pay telephone, or modular news rack, or advertising
1170thereon, shall be erected or so placed on the right-of-way of
1171any road which conflicts with the requirements of federal law,
1172regulations, or safety standards, thereby causing the state or
1173any political subdivision the loss of federal funds. Competition
1174among persons seeking to provide bench, transit shelter, waste
1175disposal receptacle, or modular news rack services or
1176advertising on such benches, shelters, receptacles, or news
1177racks may be regulated, restricted, or denied by the appropriate
1178local government entity consistent with the provisions of this
1179section.
1180     (7)  Public pay telephones, including advertising displayed
1181thereon, may be installed within the right-of-way limits of any
1182municipal, county, or state road, except on a limited access
1183highway, provided that such pay telephones are installed by a
1184provider duly authorized and regulated by the Public Service
1185Commission pursuant to s. 364.3375, that such pay telephones are
1186operated in accordance with all applicable state and federal
1187telecommunications regulations, and that written authorization
1188has been given to a public pay telephone provider by the
1189appropriate municipal or county government. Each advertisement
1190shall be limited to a size no greater than 8 square feet and no
1191public pay telephone booth shall display more than 3 such
1192advertisements at any given time. No advertisements shall be
1193allowed on public pay telephones located in rest areas, welcome
1194centers, and other such facilities located on an interstate
1195highway.
1196     Section 23.  Subsection (6) is added to section 338.01,
1197Florida Statutes, to read:
1198     338.01  Authority to establish and regulate limited access
1199facilities.--
1200     (6)  All new limited access facilities and existing
1201transportation facilities on which new or replacement electronic
1202toll collection systems are installed shall be interoperable
1203with the department's electronic toll collection system.
1204     Section 24.  Present subsections (7) and (8) of section
1205338.165, Florida Statutes, are redesignated as subsections (8)
1206and (9), respectively, and a new subsection (7) is added to that
1207section, to read:
1208     338.165  Continuation of tolls.--
1209     (7)  This section does not apply to high-occupancy toll
1210lanes or express lanes.
1211     Section 25.  Section 338.166, Florida Statutes, is created
1212to read:
1213     338.166  High-occupancy toll lanes or express lanes.--
1214     (1)  Under s. 11, Art. VII of the State Constitution, the
1215department may request the Division of Bond Finance to issue
1216bonds secured by toll revenues collected on high-occupancy toll
1217lanes or express lanes located on Interstate 95 in Miami-Dade
1218and Broward Counties.
1219     (2)  The department may continue to collect the toll on the
1220high-occupancy toll lanes or express lanes after the discharge
1221of any bond indebtedness related to such project. All tolls so
1222collected shall first be used to pay the annual cost of the
1223operation, maintenance, and improvement of the high-occupancy
1224toll lanes or express lanes project or associated transportation
1225system.
1226     (3)  Any remaining toll revenue from the high-occupancy
1227toll lanes or express lanes shall be used by the department for
1228the construction, maintenance, or improvement of any road on the
1229State Highway System.
1230     (4)  The department is authorized to implement variable
1231rate tolls on high-occupancy toll lanes or express lanes.
1232     (5)  Except for high-occupancy toll lanes or express lanes,
1233tolls may not be charged for use of an interstate highway where
1234tolls were not charged as of July 1, 1997.
1235     (6)  This section does not apply to the turnpike system as
1236defined under the Florida Turnpike Enterprise Law.
1237     Section 26.  Paragraphs (d) and (e) are added to subsection
1238(1) of section 338.2216, Florida Statutes, to read:
1239     338.2216  Florida Turnpike Enterprise; powers and
1240authority.--
1241     (1)
1242     (d)  The Florida Turnpike Enterprise is directed to pursue
1243and implement new technologies and processes in its operations
1244and collection of tolls and the collection of other amounts
1245associated with road and infrastructure usage. Such technologies
1246and processes shall include, without limitation, video billing
1247and variable pricing.
1248     (e)1.  The Florida Turnpike Enterprise shall not under any
1249circumstances contract with any vendor for the retail sale of
1250fuel along the Florida Turnpike if such contract is negotiated
1251or bid together with any other contract, including, but not
1252limited to, the retail sale of food, maintenance services, or
1253construction, with the exception that any contract for the
1254retail sale of fuel along the Florida Turnpike shall be bid and
1255contracted together with the retail sale of food at any
1256convenience store attached to the fuel station.
1257     2.  All contracts related to service plazas, including, but
1258not limited to, the sale of fuel, the retail sale of food,
1259maintenance services, or construction, except for services
1260provided as defined in s. 287.055(2)(a), awarded by the Florida
1261Turnpike Enterprise shall be procured through individual
1262competitive solicitations and awarded to the most cost-effective  
1263responder. This paragraph does not prohibit the award of more
1264than one individual contract to a single vendor if he or she
1265submits the most cost-effective response.
1266     Section 27.  Paragraph (b) of subsection (1) of section
1267338.223, Florida Statutes, is amended to read:
1268     338.223  Proposed turnpike projects.--
1269     (1)
1270     (b)  Any proposed turnpike project or improvement shall be
1271developed in accordance with the Florida Transportation Plan and
1272the work program pursuant to s. 339.135. Turnpike projects that
1273add capacity, alter access, affect feeder roads, or affect the
1274operation of the local transportation system shall be included
1275in the transportation improvement plan of the affected
1276metropolitan planning organization. If such turnpike project
1277does not fall within the jurisdiction of a metropolitan planning
1278organization, the department shall notify the affected county
1279and provide for public hearings in accordance with s.
1280339.155(5)(6)(c).
1281     Section 28.  Section 338.231, Florida Statutes, is amended
1282to read:
1283     338.231  Turnpike tolls, fixing; pledge of tolls and other
1284revenues.--The department shall at all times fix, adjust,
1285charge, and collect such tolls and amounts for the use of the
1286turnpike system as are required in order to provide a fund
1287sufficient with other revenues of the turnpike system to pay the
1288cost of maintaining, improving, repairing, and operating such
1289turnpike system; to pay the principal of and interest on all
1290bonds issued to finance or refinance any portion of the turnpike
1291system as the same become due and payable; and to create
1292reserves for all such purposes.
1293     (1)  In the process of effectuating toll rate increases
1294over the period 1988 through 1992, the department shall, to the
1295maximum extent feasible, equalize the toll structure, within
1296each vehicle classification, so that the per mile toll rate will
1297be approximately the same throughout the turnpike system. New
1298turnpike projects may have toll rates higher than the uniform
1299system rate where such higher toll rates are necessary to
1300qualify the project in accordance with the financial criteria in
1301the turnpike law. Such higher rates may be reduced to the
1302uniform system rate when the project is generating sufficient
1303revenues to pay the full amount of debt service and operating
1304and maintenance costs at the uniform system rate. If, after 15
1305years of opening to traffic, the annual revenue of a turnpike
1306project does not meet or exceed the annual debt service
1307requirements and operating and maintenance costs attributable to
1308such project, the department shall, to the maximum extent
1309feasible, establish a toll rate for the project which is higher
1310than the uniform system rate as necessary to meet such annual
1311debt service requirements and operating and maintenance costs.
1312The department may, to the extent feasible, establish a
1313temporary toll rate at less than the uniform system rate for the
1314purpose of building patronage for the ultimate benefit of the
1315turnpike system. In no case shall the temporary rate be
1316established for more than 1 year. The requirements of this
1317subsection shall not apply when the application of such
1318requirements would violate any covenant established in a
1319resolution or trust indenture relating to the issuance of
1320turnpike bonds.
1321     (1)(2)  Notwithstanding any other provision of law, the
1322department may defer the scheduled July 1, 1993, toll rate
1323increase on the Homestead Extension of the Florida Turnpike
1324until July 1, 1995. The department may also advance funds to the
1325Turnpike General Reserve Trust Fund to replace estimated lost
1326revenues resulting from this deferral. The amount advanced must
1327be repaid within 12 years from the date of advance; however, the
1328repayment is subordinate to all other debt financing of the
1329turnpike system outstanding at the time repayment is due.
1330     (2)(3)  The department shall publish a proposed change in
1331the toll rate for the use of an existing toll facility, in the
1332manner provided for in s. 120.54, which will provide for public
1333notice and the opportunity for a public hearing before the
1334adoption of the proposed rate change. When the department is
1335evaluating a proposed turnpike toll project under s. 338.223 and
1336has determined that there is a high probability that the project
1337will pass the test of economic feasibility predicated on
1338proposed toll rates, the toll rate that is proposed to be
1339charged after the project is constructed must be adopted during
1340the planning and project development phase of the project, in
1341the manner provided for in s. 120.54, including public notice
1342and the opportunity for a public hearing. For such a new
1343project, the toll rate becomes effective upon the opening of the
1344project to traffic.
1345     (3)(a)(4)  For the period July 1, 1998, through June 30,
13462017, the department shall, to the maximum extent feasible,
1347program sufficient funds in the tentative work program such that
1348the percentage of turnpike toll and bond financed commitments in
1349Dade County, Broward County, and Palm Beach County as compared
1350to total turnpike toll and bond financed commitments shall be at
1351least 90 percent of the share of net toll collections
1352attributable to users of the turnpike system in Dade County,
1353Broward County, and Palm Beach County as compared to total net
1354toll collections attributable to users of the turnpike system.
1355The requirements of this subsection do not apply when the
1356application of such requirements would violate any covenant
1357established in a resolution or trust indenture relating to the
1358issuance of turnpike bonds. The department at any time for
1359economic considerations may establish lower temporary toll rates
1360for a new or existing toll facility for a period not to exceed 1
1361year, after which the toll rates promulgated under s. 120.54
1362shall become effective.
1363     (b)  The department shall also fix, adjust, charge, and
1364collect such amounts needed to cover the costs of administering
1365the different toll collection and payment methods and types of
1366accounts being offered and utilized, in the manner provided for
1367in s. 120.54, which will provide for public notice and the
1368opportunity for a public hearing before adoption. Such amounts
1369may stand alone, or be incorporated in a toll rate structure, or
1370be a combination thereof.
1371     (4)(5)  When bonds are outstanding which have been issued
1372to finance or refinance any turnpike project, the tolls and all
1373other revenues derived from the turnpike system and pledged to
1374such bonds shall be set aside as may be provided in the
1375resolution authorizing the issuance of such bonds or the trust
1376agreement securing the same. The tolls or other revenues or
1377other moneys so pledged and thereafter received by the
1378department are immediately subject to the lien of such pledge
1379without any physical delivery thereof or further act. The lien
1380of any such pledge is valid and binding as against all parties
1381having claims of any kind in tort or contract or otherwise
1382against the department irrespective of whether such parties have
1383notice thereof. Neither the resolution nor any trust agreement
1384by which a pledge is created need be filed or recorded except in
1385the records of the department.
1386     (5)(6)  In each fiscal year while any of the bonds of the
1387Broward County Expressway Authority series 1984 and series 1986-
1388A remain outstanding, the department is authorized to pledge
1389revenues from the turnpike system to the payment of principal
1390and interest of such series of bonds and the operation and
1391maintenance expenses of the Sawgrass Expressway, to the extent
1392gross toll revenues of the Sawgrass Expressway are insufficient
1393to make such payments. The terms of an agreement relative to the
1394pledge of turnpike system revenue will be negotiated with the
1395parties of the 1984 and 1986 Broward County Expressway Authority
1396lease-purchase agreements, and subject to the covenants of those
1397agreements. The agreement shall establish that the Sawgrass
1398Expressway shall be subject to the planning, management, and
1399operating control of the department limited only by the terms of
1400the lease-purchase agreements. The department shall provide for
1401the payment of operation and maintenance expenses of the
1402Sawgrass Expressway until such agreement is in effect. This
1403pledge of turnpike system revenues shall be subordinate to the
1404debt service requirements of any future issue of turnpike bonds,
1405the payment of turnpike system operation and maintenance
1406expenses, and subject to provisions of any subsequent resolution
1407or trust indenture relating to the issuance of such turnpike
1408bonds.
1409     (6)(7)  The use and disposition of revenues pledged to
1410bonds are subject to the provisions of ss. 338.22-338.241 and
1411such regulations as the resolution authorizing the issuance of
1412such bonds or such trust agreement may provide.
1413     Section 29.  Subsection (4) of section 339.12, Florida
1414Statutes, is amended to read:
1415     339.12  Aid and contributions by governmental entities for
1416department projects; federal aid.--
1417     (4)(a)  Prior to accepting the contribution of road bond
1418proceeds, time warrants, or cash for which reimbursement is
1419sought, the department shall enter into agreements with the
1420governing body of the governmental entity for the project or
1421project phases in accordance with specifications agreed upon
1422between the department and the governing body of the
1423governmental entity. The department in no instance is to receive
1424from such governmental entity an amount in excess of the actual
1425cost of the project or project phase. By specific provision in
1426the written agreement between the department and the governing
1427body of the governmental entity, the department may agree to
1428reimburse the governmental entity for the actual amount of the
1429bond proceeds, time warrants, or cash used on a highway project
1430or project phases that are not revenue producing and are
1431contained in the department's adopted work program, or any
1432public transportation project contained in the adopted work
1433program. Subject to appropriation of funds by the Legislature,
1434the department may commit state funds for reimbursement of such
1435projects or project phases. Reimbursement to the governmental
1436entity for such a project or project phase must be made from
1437funds appropriated by the Legislature, and reimbursement for the
1438cost of the project or project phase is to begin in the year the
1439project or project phase is scheduled in the work program as of
1440the date of the agreement. Funds advanced pursuant to this
1441section, which were originally designated for transportation
1442purposes and so reimbursed to a county or municipality, shall be
1443used by the county or municipality for any transportation
1444expenditure authorized under s. 336.025(7). Also, cities and
1445counties may receive funds from persons, and reimburse those
1446persons, for the purposes of this section. Such persons may
1447include, but are not limited to, those persons defined in s.
1448607.01401(19).
1449     (b)  Prior to entering an agreement to advance a project or
1450project phase pursuant to this subsection and subsection (5),
1451the department shall first update the estimated cost of the
1452project or project phase and certify that the estimate is
1453accurate and consistent with the amount estimated in the adopted
1454work program. If the original estimate and the updated estimate
1455vary, the department shall amend the adopted work program
1456according to the amendatory procedures for the work program set
1457forth in s. 339.135(7). The amendment shall reflect all
1458corresponding increases and decreases to the affected projects
1459within the adopted work program.
1460     (c)  The department may enter into agreements under this
1461subsection for a project or project phase not included in the
1462adopted work program. As used in this paragraph, the term
1463"project phase" means acquisition of rights-of-way,
1464construction, construction inspection, and related support
1465phases. The project or project phase must be a high priority of
1466the governmental entity. Reimbursement for a project or project
1467phase must be made from funds appropriated by the Legislature
1468pursuant to s. 339.135(5). All other provisions of this
1469subsection apply to agreements entered into under this
1470paragraph. The total amount of project agreements for projects
1471or project phases not included in the adopted work program
1472authorized by this paragraph may not at any time exceed $250
1473$100 million. However, notwithstanding such $250 $100 million
1474limit and any similar limit in s. 334.30, project advances for
1475any inland county with a population greater than 500,000
1476dedicating amounts equal to $500 million or more of its Local
1477Government Infrastructure Surtax pursuant to s. 212.055(2) for
1478improvements to the State Highway System which are included in
1479the local metropolitan planning organization's or the
1480department's long-range transportation plans shall be excluded
1481from the calculation of the statewide limit of project advances.
1482     (d)  The department may enter into agreements under this
1483subsection with any county that has a population of 150,000 or
1484less as determined by the most recent official estimate pursuant
1485to s. 186.901 for a project or project phase not included in the
1486adopted work program. As used in this paragraph, the term
1487"project phase" means acquisition of rights-of-way,
1488construction, construction inspection, and related support
1489phases. The project or project phase must be a high priority of
1490the governmental entity. Reimbursement for a project or project
1491phase must be made from funds appropriated by the Legislature
1492pursuant to s. 339.135(5). All other provisions of this
1493subsection apply to agreements entered into under this
1494paragraph. The total amount of project agreements for projects
1495or project phases not included in the adopted work program
1496authorized by this paragraph may not at any time exceed $200
1497million. The project must be included in the local government's
1498adopted comprehensive plan. The department is authorized to
1499enter into long-term repayment agreements of up to 30 years.
1500     Section 30.  Paragraph (d) of subsection (7) of section
1501339.135, Florida Statutes, is amended to read:
1502     339.135  Work program; legislative budget request;
1503definitions; preparation, adoption, execution, and amendment.--
1504     (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
1505     (d)1.  Whenever the department proposes any amendment to
1506the adopted work program, as defined in subparagraph (c)1. or
1507subparagraph (c)3., which deletes or defers a construction phase
1508on a capacity project, it shall notify each county affected by
1509the amendment and each municipality within the county. The
1510notification shall be issued in writing to the chief elected
1511official of each affected county, each municipality within the
1512county, and the chair of each affected metropolitan planning
1513organization. Each affected county and each municipality in the
1514county, is encouraged to coordinate with each other to determine
1515how the amendment effects local concurrency management and
1516regional transportation planning efforts. Each affected county,
1517and each municipality within the county, shall have 14 days to
1518provide written comments to the department regarding how the
1519amendment will effect its respective concurrency management
1520systems, including whether any development permits were issued
1521contingent upon the capacity improvement, if applicable. After
1522receipt of written comments from the affected local governments,
1523the department shall include any written comments submitted by
1524such local governments in its preparation of the proposed
1525amendment.
1526     2.  Following the 14-day comment period in subparagraph 1.,
1527if applicable, whenever the department proposes any amendment to
1528the adopted work program, which amendment is defined in
1529subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
1530subparagraph (c)4., it shall submit the proposed amendment to
1531the Governor for approval and shall immediately notify the
1532chairs of the legislative appropriations committees, the chairs
1533of the legislative transportation committees, and each member of
1534the Legislature who represents a district affected by the
1535proposed amendment. It shall also notify, each metropolitan
1536planning organization affected by the proposed amendment, and
1537each unit of local government affected by the proposed
1538amendment, unless it provided to each the notification required
1539by subparagraph 1. Such proposed amendment shall provide a
1540complete justification of the need for the proposed amendment.
1541     3.2.  The Governor shall not approve a proposed amendment
1542until 14 days following the notification required in
1543subparagraph 2. 1.
1544     4.3.  If either of the chairs of the legislative
1545appropriations committees or the President of the Senate or the
1546Speaker of the House of Representatives objects in writing to a
1547proposed amendment within 14 days following notification and
1548specifies the reasons for such objection, the Governor shall
1549disapprove the proposed amendment.
1550     Section 31.  Section 339.155, Florida Statutes, is amended
1551to read:
1552     339.155  Transportation planning.--
1553     (1)  THE FLORIDA TRANSPORTATION PLAN.--The department shall
1554develop and annually update a statewide transportation plan, to
1555be known as the Florida Transportation Plan. The plan shall be
1556designed so as to be easily read and understood by the general
1557public. The purpose of the Florida Transportation Plan is to
1558establish and define the state's long-range transportation goals
1559and objectives to be accomplished over a period of at least 20
1560years within the context of the State Comprehensive Plan, and
1561any other statutory mandates and authorizations and based upon
1562the prevailing principles of: preserving the existing
1563transportation infrastructure; enhancing Florida's economic
1564competitiveness; and improving travel choices to ensure
1565mobility. The Florida Transportation Plan shall consider the
1566needs of the entire state transportation system and examine the
1567use of all modes of transportation to effectively and
1568efficiently meet such needs.
1569     (2)  SCOPE OF PLANNING PROCESS.--The department shall carry
1570out a transportation planning process in conformance with s.
1571334.046(1). which provides for consideration of projects and
1572strategies that will:
1573     (a)  Support the economic vitality of the United States,
1574Florida, and the metropolitan areas, especially by enabling
1575global competitiveness, productivity, and efficiency;
1576     (b)  Increase the safety and security of the transportation
1577system for motorized and nonmotorized users;
1578     (c)  Increase the accessibility and mobility options
1579available to people and for freight;
1580     (d)  Protect and enhance the environment, promote energy
1581conservation, and improve quality of life;
1582     (e)  Enhance the integration and connectivity of the
1583transportation system, across and between modes throughout
1584Florida, for people and freight;
1585     (f)  Promote efficient system management and operation; and
1586     (g)  Emphasize the preservation of the existing
1587transportation system.
1588     (3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida
1589Transportation Plan shall be a unified, concise planning
1590document that clearly defines the state's long-range
1591transportation goals and objectives and documents the
1592department's short-range objectives developed to further such
1593goals and objectives. The plan shall:
1594     (a)  Include a glossary that clearly and succinctly defines
1595any and all phrases, words, or terms of art included in the
1596plan, with which the general public may be unfamiliar. and shall
1597consist of, at a minimum, the following components:
1598     (b)(a)  Document A long-range component documenting the
1599goals and long-term objectives necessary to implement the
1600results of the department's findings from its examination of the
1601prevailing principles and criteria provided under listed in
1602subsection (2) and s. 334.046(1). The long-range component must
1603     (c)  Be developed in cooperation with the metropolitan
1604planning organizations and reconciled, to the maximum extent
1605feasible, with the long-range plans developed by metropolitan
1606planning organizations pursuant to s. 339.175. The plan must
1607also
1608     (d)  Be developed in consultation with affected local
1609officials in nonmetropolitan areas and with any affected Indian
1610tribal governments. The plan must
1611     (e)  Provide an examination of transportation issues likely
1612to arise during at least a 20-year period. The long-range
1613component shall
1614     (f)  Be updated at least once every 5 years, or more often
1615as necessary, to reflect substantive changes to federal or state
1616law.
1617     (b)  A short-range component documenting the short-term
1618objectives and strategies necessary to implement the goals and
1619long-term objectives contained in the long-range component. The
1620short-range component must define the relationship between the
1621long-range goals and the short-range objectives, specify those
1622objectives against which the department's achievement of such
1623goals will be measured, and identify transportation strategies
1624necessary to efficiently achieve the goals and objectives in the
1625plan. It must provide a policy framework within which the
1626department's legislative budget request, the strategic
1627information resource management plan, and the work program are
1628developed. The short-range component shall serve as the
1629department's annual agency strategic plan pursuant to s.
1630186.021. The short-range component shall be developed consistent
1631with available and forecasted state and federal funds. The
1632short-range component shall also be submitted to the Florida
1633Transportation Commission.
1634     (4)  ANNUAL PERFORMANCE REPORT.--The department shall
1635develop an annual performance report evaluating the operation of
1636the department for the preceding fiscal year. The report shall
1637also include a summary of the financial operations of the
1638department and shall annually evaluate how well the adopted work
1639program meets the short-term objectives contained in the short-
1640range component of the Florida Transportation Plan. This
1641performance report shall be submitted to the Florida
1642Transportation Commission and the legislative appropriations and
1643transportation committees.
1644     (4)(5)  ADDITIONAL TRANSPORTATION PLANS.--
1645     (a)  Upon request by local governmental entities, the
1646department may in its discretion develop and design
1647transportation corridors, arterial and collector streets,
1648vehicular parking areas, and other support facilities which are
1649consistent with the plans of the department for major
1650transportation facilities. The department may render to local
1651governmental entities or their planning agencies such technical
1652assistance and services as are necessary so that local plans and
1653facilities are coordinated with the plans and facilities of the
1654department.
1655     (b)  Each regional planning council, as provided for in s.
1656186.504, or any successor agency thereto, shall develop, as an
1657element of its strategic regional policy plan, transportation
1658goals and policies. The transportation goals and policies must
1659be prioritized to comply with the prevailing principles provided
1660in subsection (2) and s. 334.046(1). The transportation goals
1661and policies shall be consistent, to the maximum extent
1662feasible, with the goals and policies of the metropolitan
1663planning organization and the Florida Transportation Plan. The
1664transportation goals and policies of the regional planning
1665council will be advisory only and shall be submitted to the
1666department and any affected metropolitan planning organization
1667for their consideration and comments. Metropolitan planning
1668organization plans and other local transportation plans shall be
1669developed consistent, to the maximum extent feasible, with the
1670regional transportation goals and policies. The regional
1671planning council shall review urbanized area transportation
1672plans and any other planning products stipulated in s. 339.175
1673and provide the department and respective metropolitan planning
1674organizations with written recommendations which the department
1675and the metropolitan planning organizations shall take under
1676advisement. Further, the regional planning councils shall
1677directly assist local governments which are not part of a
1678metropolitan area transportation planning process in the
1679development of the transportation element of their comprehensive
1680plans as required by s. 163.3177.
1681     (c)  Regional transportation plans may be developed in
1682regional transportation areas in accordance with an interlocal
1683agreement entered into pursuant to s. 163.01 by two or more
1684contiguous metropolitan planning organizations; one or more
1685metropolitan planning organizations and one or more contiguous
1686counties, none of which is a member of a metropolitan planning
1687organization; a multicounty regional transportation authority
1688created by or pursuant to law; two or more contiguous counties
1689that are not members of a metropolitan planning organization; or
1690metropolitan planning organizations comprised of three or more
1691counties.
1692     (d)  The interlocal agreement must, at a minimum, identify
1693the entity that will coordinate the development of the regional
1694transportation plan; delineate the boundaries of the regional
1695transportation area; provide the duration of the agreement and
1696specify how the agreement may be terminated, modified, or
1697rescinded; describe the process by which the regional
1698transportation plan will be developed; and provide how members
1699of the entity will resolve disagreements regarding
1700interpretation of the interlocal agreement or disputes relating
1701to the development or content of the regional transportation
1702plan. Such interlocal agreement shall become effective upon its
1703recordation in the official public records of each county in the
1704regional transportation area.
1705     (e)  The regional transportation plan developed pursuant to
1706this section must, at a minimum, identify regionally significant
1707transportation facilities located within a regional
1708transportation area and contain a prioritized list of regionally
1709significant projects. The level-of-service standards for
1710facilities to be funded under this subsection shall be adopted
1711by the appropriate local government in accordance with s.
1712163.3180(10). The projects shall be adopted into the capital
1713improvements schedule of the local government comprehensive plan
1714pursuant to s. 163.3177(3).
1715     (5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
1716TRANSPORTATION PLANNING.--
1717     (a)  During the development of the long-range component of
1718the Florida Transportation Plan and prior to substantive
1719revisions, the department shall provide citizens, affected
1720public agencies, representatives of transportation agency
1721employees, other affected employee representatives, private
1722providers of transportation, and other known interested parties
1723with an opportunity to comment on the proposed plan or
1724revisions. These opportunities shall include, at a minimum,
1725publishing a notice in the Florida Administrative Weekly and
1726within a newspaper of general circulation within the area of
1727each department district office.
1728     (b)  During development of major transportation
1729improvements, such as those increasing the capacity of a
1730facility through the addition of new lanes or providing new
1731access to a limited or controlled access facility or
1732construction of a facility in a new location, the department
1733shall hold one or more hearings prior to the selection of the
1734facility to be provided; prior to the selection of the site or
1735corridor of the proposed facility; and prior to the selection of
1736and commitment to a specific design proposal for the proposed
1737facility. Such public hearings shall be conducted so as to
1738provide an opportunity for effective participation by interested
1739persons in the process of transportation planning and site and
1740route selection and in the specific location and design of
1741transportation facilities. The various factors involved in the
1742decision or decisions and any alternative proposals shall be
1743clearly presented so that the persons attending the hearing may
1744present their views relating to the decision or decisions which
1745will be made.
1746     (c)  Opportunity for design hearings:
1747     1.  The department, prior to holding a design hearing,
1748shall duly notify all affected property owners of record, as
1749recorded in the property appraiser's office, by mail at least 20
1750days prior to the date set for the hearing. The affected
1751property owners shall be:
1752     a.  Those whose property lies in whole or in part within
1753300 feet on either side of the centerline of the proposed
1754facility.
1755     b.  Those whom the department determines will be
1756substantially affected environmentally, economically, socially,
1757or safetywise.
1758     2.  For each subsequent hearing, the department shall
1759publish notice prior to the hearing date in a newspaper of
1760general circulation for the area affected. These notices must be
1761published twice, with the first notice appearing at least 15
1762days, but no later than 30 days, before the hearing.
1763     3.  A copy of the notice of opportunity for the hearing
1764must be furnished to the United States Department of
1765Transportation and to the appropriate departments of the state
1766government at the time of publication.
1767     4.  The opportunity for another hearing shall be afforded
1768in any case when proposed locations or designs are so changed
1769from those presented in the notices specified above or at a
1770hearing as to have a substantially different social, economic,
1771or environmental effect.
1772     5.  The opportunity for a hearing shall be afforded in each
1773case in which the department is in doubt as to whether a hearing
1774is required.
1775     Section 32.  Subsection (3) and paragraphs (b) and (c) of
1776subsection (4) of section 339.2816, Florida Statutes, are
1777amended to read:
1778     339.2816  Small County Road Assistance Program.--
1779     (3)  Beginning with fiscal year 1999-2000 until fiscal year
17802009-2010, and beginning again with fiscal year 2012-2013, up to
1781$25 million annually from the State Transportation Trust Fund
1782may be used for the purposes of funding the Small County Road
1783Assistance Program as described in this section.
1784     (4)
1785     (b)  In determining a county's eligibility for assistance
1786under this program, the department may consider whether the
1787county has attempted to keep county roads in satisfactory
1788condition, including the amount of local option fuel tax and ad
1789valorem millage rate imposed by the county. The department may
1790also consider the extent to which the county has offered to
1791provide a match of local funds with state funds provided under
1792the program. At a minimum, small counties shall be eligible only
1793if:
1794     1.  The county has enacted the maximum rate of the local
1795option fuel tax authorized by s. 336.025(1)(a)., and has imposed
1796an ad valorem millage rate of at least 8 mills; or
1797     2.  The county has imposed an ad valorem millage rate of 10
1798mills.
1799     (c)  The following criteria shall be used to prioritize
1800road projects for funding under the program:
1801     1.  The primary criterion is the physical condition of the
1802road as measured by the department.
1803     2.  As secondary criteria the department may consider:
1804     a.  Whether a road is used as an evacuation route.
1805     b.  Whether a road has high levels of agricultural travel.
1806     c.  Whether a road is considered a major arterial route.
1807     d.  Whether a road is considered a feeder road.
1808     e.  Whether a road is located in a fiscally constrained
1809county, as defined in s. 218.67(1).
1810     f.e.  Other criteria related to the impact of a project on
1811the public road system or on the state or local economy as
1812determined by the department.
1813     Section 33.  Subsections (1) and (3) of section 339.2819,
1814Florida Statutes, are amended to read:
1815     339.2819  Transportation Regional Incentive Program.--
1816     (1)  There is created within the Department of
1817Transportation a Transportation Regional Incentive Program for
1818the purpose of providing funds to improve regionally significant
1819transportation facilities in regional transportation areas
1820created pursuant to s. 339.155(4)(5).
1821     (3)  The department shall allocate funding available for
1822the Transportation Regional Incentive Program to the districts
1823based on a factor derived from equal parts of population and
1824motor fuel collections for eligible counties in regional
1825transportation areas created pursuant to s. 339.155(4)(5).
1826     Section 34.  Subsection (6) of section 339.285, Florida
1827Statutes, is amended to read:
1828     339.285  Enhanced Bridge Program for Sustainable
1829Transportation.--
1830     (6)  Preference shall be given to bridge projects located
1831on corridors that connect to the Strategic Intermodal System,
1832created under s. 339.64, and that have been identified as
1833regionally significant in accordance with s. 339.155(4)(5)(c),
1834(d), and (e).
1835     Section 35.  Subsections (8) through (14) are added to
1836section 341.301, Florida Statutes, to read:
1837     341.301  Definitions; ss. 341.302 and 341.303.--As used in
1838ss. 341.302 and 341.303, the term:
1839     (8)  "Commuter rail passenger or passengers" means and
1840includes any and all persons, ticketed or unticketed, using the
1841commuter rail service on a department owned rail corridor:
1842     (a)  On board trains, locomotives, rail cars, or rail
1843equipment employed in commuter rail service or entraining and
1844detraining therefrom;
1845     (b)  On or about the rail corridor for any purpose related
1846to the commuter rail service, including, without limitation,
1847parking, inquiring about commuter rail service or purchasing
1848tickets therefor and coming to, waiting for, leaving from, or
1849observing trains, locomotives, rail cars, or rail equipment; or
1850     (c)  Meeting, assisting, or in the company of any person
1851described in paragraph (a) or paragraph (b).
1852     (9)  "Commuter rail service" means the transportation of
1853commuter rail passengers and other passengers by rail pursuant
1854to a rail program provided by the department or any other
1855governmental entities.
1856     (10)  "Rail corridor invitee" means and includes any and
1857all persons who are on or about a department-owned rail
1858corridor:
1859     (a)  For any purpose related to any ancillary development
1860thereon; or
1861     (b)  Meeting, assisting, or in the company of any person
1862described in paragraph (a).
1863     (11)  "Rail corridor" means a linear contiguous strip of
1864real property that is used for rail service. The term includes
1865the corridor and structures essential to the operation of a
1866railroad, including the land, structures, improvements, rights-
1867of-way, easements, rail lines, rail beds, guideway structures,
1868switches, yards, parking facilities, power relays, switching
1869houses, rail stations, ancillary development, and any other
1870facilities or equipment used for the purposes of construction,
1871operation, or maintenance of a railroad that provides rail
1872service.
1873     (12)  "Railroad operations" means the use of the rail
1874corridor to conduct commuter rail service, intercity rail
1875passenger service, or freight rail service.
1876     (13)  "Ancillary development" includes any lessee or
1877licensee of the department, including, but not limited to, other
1878governmental entities, vendors, retailers, restaurateurs, or
1879contract service providers, within a department-owned rail
1880corridor, except for providers of commuter rail service,
1881intercity rail passenger service, or freight rail service.
1882     (14)  "Governmental entity or entities" means as defined in
1883s. 11.45, including a "public agency" as defined in s. 163.01.
1884     Section 36.  Section 341.302, Florida Statutes, is amended
1885to read:
1886     341.302  Rail program, duties and responsibilities of the
1887department.--The department, in conjunction with other
1888governmental entities units and the private sector, shall
1889develop and implement a rail program of statewide application
1890designed to ensure the proper maintenance, safety,
1891revitalization, and expansion of the rail system to assure its
1892continued and increased availability to respond to statewide
1893mobility needs. Within the resources provided pursuant to
1894chapter 216, and as authorized under federal law Title 49 C.F.R.
1895part 212, the department shall:
1896     (1)  Provide the overall leadership, coordination, and
1897financial and technical assistance necessary to assure the
1898effective responses of the state's rail system to current and
1899anticipated mobility needs.
1900     (2)  Promote and facilitate the implementation of advanced
1901rail systems, including high-speed rail and magnetic levitation
1902systems.
1903     (3)  Develop and periodically update the rail system plan,
1904on the basis of an analysis of statewide transportation needs.
1905The plan shall be consistent with the Florida Transportation
1906Plan developed pursuant to s. 339.155. The rail system plan
1907shall include an identification of priorities, programs, and
1908funding levels required to meet statewide needs. The rail system
1909plan shall be developed in a manner that will assure the maximum
1910use of existing facilities and the optimum integration and
1911coordination of the various modes of transportation, public and
1912private, in the most cost-effective manner possible. The rail
1913system plan shall be updated at least every 2 years and include
1914plans for both passenger rail service and freight rail service.
1915     (4)  As part of the work program of the department,
1916formulate a specific program of projects and financing to
1917respond to identified railroad needs.
1918     (5)  Provide technical and financial assistance to units of
1919local government to address identified rail transportation
1920needs.
1921     (6)  Secure and administer federal grants, loans, and
1922apportionments for rail projects within this state when
1923necessary to further the statewide program.
1924     (7)  Develop and administer state standards concerning the
1925safety and performance of rail systems, hazardous material
1926handling, and operations. Such standards shall be developed
1927jointly with representatives of affected rail systems, with full
1928consideration given to nationwide industry norms, and shall
1929define the minimum acceptable standards for safety and
1930performance.
1931     (8)  Conduct, at a minimum, inspections of track and
1932rolling stock; train signals and related equipment; hazardous
1933materials transportation, including the loading, unloading, and
1934labeling of hazardous materials at shippers', receivers', and
1935transfer points; and train operating practices to determine
1936adherence to state and federal standards. Department personnel
1937may enforce any safety regulation issued under the Federal
1938Government's preemptive authority over interstate commerce.
1939     (9)  Assess penalties, in accordance with the applicable
1940federal regulations, for the failure to adhere to the state
1941standards.
1942     (10)  Administer rail operating and construction programs,
1943which programs shall include the regulation of maximum train
1944operating speeds, the opening and closing of public grade
1945crossings, the construction and rehabilitation of public grade
1946crossings, and the installation of traffic control devices at
1947public grade crossings, the administering of the programs by the
1948department including participation in the cost of the programs.
1949     (11)  Coordinate and facilitate the relocation of railroads
1950from congested urban areas to nonurban areas when relocation has
1951been determined feasible and desirable from the standpoint of
1952safety, operational efficiency, and economics.
1953     (12)  Implement a program of branch line continuance
1954projects when an analysis of the industrial and economic
1955potential of the line indicates that public involvement is
1956required to preserve essential rail service and facilities.
1957     (13)  Provide new rail service and equipment when:
1958     (a)  Pursuant to the transportation planning process, a
1959public need has been determined to exist;
1960     (b)  The cost of providing such service does not exceed the
1961sum of revenues from fares charged to users, services purchased
1962by other public agencies, local fund participation, and specific
1963legislative appropriation for this purpose; and
1964     (c)  Service cannot be reasonably provided by other
1965governmental or privately owned rail systems.
1966
1967The department may own, lease, and otherwise encumber
1968facilities, equipment, and appurtenances thereto, as necessary
1969to provide new rail services; or the department may provide such
1970service by contracts with privately owned service providers.
1971     (14)  Furnish required emergency rail transportation
1972service if no other private or public rail transportation
1973operation is available to supply the required service and such
1974service is clearly in the best interest of the people in the
1975communities being served. Such emergency service may be
1976furnished through contractual arrangement, actual operation of
1977state-owned equipment and facilities, or any other means
1978determined appropriate by the secretary.
1979     (15)  Assist in the development and implementation of
1980marketing programs for rail services and of information systems
1981directed toward assisting rail systems users.
1982     (16)  Conduct research into innovative or potentially
1983effective rail technologies and methods and maintain expertise
1984in state-of-the-art rail developments.
1985     (17)  The department is authorized to purchase the required
1986right-of-way, improvements, and appurtenances of the A-Line rail
1987corridor from CSX Transportation, Inc., for a maximum purchase
1988price of $436 million, as supported by an appraisal, for the
1989primary purpose of implementing commuter rail service in what is
1990commonly identified as the Central Florida Rail Corridor, and
1991consisting of an approximately 61.5-mile section of the existing
1992A-Line rail corridor running from a point at or near Deland,
1993Florida to a point at or near Poinciana, Florida.
1994     (18)  In conjunction with the acquisition, ownership,
1995construction, operation, maintenance, and management of a rail
1996corridor, have the authority to:
1997     (a)  Assume the obligation by contract to forever protect,
1998defend, and indemnify and hold harmless the freight rail
1999operator, or its successors, from whom the department has
2000acquired a real property interest in the rail corridor, and that
2001freight rail operator's officers, agents, and employees, from
2002and against any liability, cost, and expense including, but not
2003limited to, commuter rail passengers, rail corridor invitees,
2004and trespassers in the rail corridor, regardless of whether the
2005loss, damage, destruction, injury, or death giving rise to any
2006such liability, cost, or expense is caused in whole or in part
2007and to whatever nature or degree by the fault, failure,
2008negligence, misconduct, nonfeasance, or misfeasance of such
2009freight rail operator, its successors, or its officers, agents,
2010and employees, or any other person or persons whomsoever,
2011provided that such assumption of liability of the department by
2012contract shall not in any instance exceed the following
2013parameters of allocation of risk:
2014     1.  The department may be solely responsible for any loss,
2015injury, or damage to commuter rail passengers, rail corridor
2016invitees, or trespassers, regardless of circumstances or cause,
2017subject to subparagraphs 2., 3., and 4.
2018     2.  When only one train is involved in an incident, the
2019department may be solely responsible for any loss, injury, or
2020damage if the train is a department train or other train
2021pursuant to subparagraph 3., but only if in an instance when
2022only a freight rail operator train is involved the freight rail
2023operator is solely responsible for any loss, injury, or damage,
2024except for commuter rail passengers, rail corridor invitees, and
2025trespassers; and, the freight rail operator is solely
2026responsible for its property and all of its people in any
2027instance when its train is involved in an incident.
2028     3.  For the purposes of this subsection, any train involved
2029in an incident that is neither the department's train nor the
2030freight rail operator's train, hereinafter referred to in this
2031subsection as an "other train," may be treated as a department
2032train, solely for purposes of any allocation of liability
2033between the department and the freight rail operator only, but
2034only if the department and the freight rail operator share
2035responsibility equally as to third parties outside the rail
2036corridor who incur loss, injury, or damage as a result of any
2037incident involving both a department train and a freight rail
2038operator train; and, the allocation as between the department
2039and the freight rail operator, regardless of whether the other
2040train is treated as a department train, shall remain one-half
2041each as to third parties outside the rail corridor who incur
2042loss, injury, or damage as a result of the incident, and the
2043involvement of any other train shall not alter the sharing of
2044equal responsibility as to third parties outside the rail
2045corridor who incur loss, injury, or damage as a result of the
2046incident.
2047     4.  When more than one train is involved in an incident:
2048     a.  If only a department train and a freight rail
2049operator's train, or only another train as described in
2050subparagraph 3. and a freight rail operator's train, are
2051involved in an incident, the department may be responsible for
2052its property and all of its people, all commuter rail
2053passengers, rail corridor invitees, and trespassers, but only if
2054the freight rail operator is responsible for its property and
2055all of its people; and the department and the freight rail
2056operator share responsibility one-half each as to third parties
2057outside the rail corridor who incur loss, injury, or damage as a
2058result of the incident.
2059     b.  If a department train, a freight rail operator train,
2060and any other train are involved in an incident, the allocation
2061of liability as between the department and the freight rail
2062operator, regardless of whether the other train is treated as a
2063department train, shall remain one-half each as to third parties
2064outside the rail corridor who incur loss, injury, or damage as a
2065result of the incident; the involvement of any other train shall
2066not alter the sharing of equal responsibility as to third
2067parties outside the rail corridor who incur loss, injury, or
2068damage as a result of the incident; and, if the owner, operator,
2069or insurer of the other train makes any payment to injured third
2070parties outside the rail corridor who incur loss, injury, or
2071damage as a result of the incident, the allocation of credit
2072between the department and the freight rail operator as to such
2073payment shall not in any case reduce the freight rail operator's
2074third party sharing allocation of one-half under this paragraph
2075to less than one-third of the total third party liability.
2076     5.  Any such contractual duty to protect, defend,
2077indemnify, and hold harmless such a freight rail operator shall
2078expressly: include a specific cap on the amount of the
2079contractual duty, which amount shall not exceed $200 million
2080without prior legislative approval; require the department to
2081purchase liability insurance and establish a self-insurance
2082retention fund in the amount of the specific cap established
2083under this paragraph; provide that no such contractual duty
2084shall in any case be effective nor otherwise extend the
2085department's liability in scope and effect beyond the
2086contractual liability insurance and self-insurance retention
2087fund required pursuant to this paragraph; and provide that the
2088freight rail operator's compensation to the department for
2089future use of the department's rail corridor shall include a
2090monetary contribution to the cost of such liability coverage for
2091the sole benefit of the freight rail operator.
2092     (b)  Purchase liability insurance which amount shall not
2093exceed $200 million and establish a self-insurance retention
2094fund for the purpose of paying the deductible limit established
2095in the insurance policies it may obtain, including coverage for
2096the department, any freight rail operator as described in
2097paragraph (a), commuter rail service providers, governmental
2098entities, or ancillary development; however, the insureds shall
2099pay a reasonable monetary contribution to the cost of such
2100liability coverage for the sole benefit of the insured. Such
2101insurance and self-insurance retention fund may provide coverage
2102for all damages, including, but not limited to, compensatory,
2103special, and exemplary, and be maintained to provide an adequate
2104fund to cover claims and liabilities for loss, injury, or damage
2105arising out of or connected with the ownership, operation,
2106maintenance, and management of a rail corridor.
2107     (c)  Incur expenses for the purchase of advertisements,
2108marketing, and promotional items.
2109
2110Neither the assumption by contract to protect, defend,
2111indemnify, and hold harmless; the purchase of insurance; nor the
2112establishment of a self-insurance retention fund shall be deemed
2113to be a waiver of any defense of sovereign immunity for torts
2114nor deemed to increase the limits of the department's or the
2115governmental entity's liability for torts as provided in s.
2116768.28. The requirements of s. 287.022(1) shall not apply to the
2117purchase of any insurance hereunder. The provisions of this
2118subsection shall apply and inure fully as to any other
2119governmental entity providing commuter rail service and
2120constructing, operating, maintaining, or managing a rail
2121corridor on publicly owned right-of-way under contract by the
2122governmental entity with the department or a governmental entity
2123designated by the department.
2124     (19)(17)  Exercise such other functions, powers, and duties
2125in connection with the rail system plan as are necessary to
2126develop a safe, efficient, and effective statewide
2127transportation system.
2128     Section 37.  Section 341.3023, Florida Statutes, is created
2129to read:
2130     341.3023  Commuter rail programs and intercity rail
2131transportation system study.--
2132     (1)  The department shall undertake a comprehensive review
2133and study of commuter railroad programs and intercity railroad
2134transportation system plans and their impacts in the state
2135through 2028.
2136     (2)  The review and study shall encompass and include
2137information concerning:
2138     (a)  Commuter rail programs and intercity rail
2139transportation system facility and improvement needs and plans,
2140including those associated with connectivity to such facilities
2141and improvements, outlined or contained in, without limitation
2142thereto, the current Florida Transportation Plan developed
2143pursuant to s. 339.155(1); regional transportation plans
2144developed pursuant to s. 339.155(5); the Strategic Intermodal
2145System Plan developed pursuant to s. 339.64; the adopted work
2146plan developed pursuant to s. 339.135; long-range transportation
2147plans developed pursuant to s. 339.175(7); transportation
2148improvement plans of relevant metropolitan planning
2149organizations developed pursuant to s. 339.175(8); plans,
2150information, and studies prepared for or by the authorities
2151created in parts I, II, III, and V of chapter 343; relevant
2152studies and information previously prepared by the department
2153and the Transportation Commission; and the transportation and
2154capital improvement elements of relevant approved local
2155government comprehensive plans.
2156     (b)  A detailed review of funding in the state for commuter
2157rail programs and intercity rail transportation system
2158improvements, projects, facilities, equipment, rights-of-way,
2159operating costs, and other costs during the previous 20 years
2160from state, federal, and local government sources.
2161     (c)  An assessment of the impacts of commuter rail programs
2162and intercity rail transportation system improvements, projects,
2163and facilities that have been undertaken in the state during the
2164previous 20 years and their impact on the state, regional, and
2165local transportation system and Florida's economic development.
2166     (d)  Proposed commuter rail programs and intercity rail
2167transportation system improvements, projects, and facilities
2168throughout the state to be undertaken during the next 20 years,
2169including, based upon the best available, existing data, a
2170detailed listing of specific projects with estimates of the
2171costs of each specific project; projected timelines for such
2172improvements, projects, and facilities; and the estimated
2173priority of each such improvement, project, and facility.
2174     (e)  A map of those proposed improvements, projects, and
2175facilities.
2176     (f)  A finance plan based upon reasonable projections of
2177anticipated revenues available to the department and units of
2178local government, including both 10-year and 20-year cost-
2179feasible components, for such improvements, projects, and
2180facilities that demonstrates how or what portion of such
2181improvements, projects, and facilities can be implemented.
2182     (g)  A feasibility study of the best alternatives for
2183implementing intercity passenger railroad service between the
2184Tampa Bay region and the greater Orlando area.
2185     (h)  A proposed prioritization process, including
2186alternatives, for commuter railroad and intercity railroad
2187improvements, projects, and facilities.
2188     (i)  Funding alternatives for commuter rail programs and
2189intercity rail transportation system improvements, projects, and
2190facilities including specific resources, both public and
2191private, that are reasonably expected to be available to
2192accomplish such improvements, projects, and facilities and any
2193innovative financing techniques that might be used to fund such
2194improvements, projects, and facilities.
2195     (3)  The report shall also include detailed information and
2196findings about negative impacts caused by current, or projected
2197to be caused by proposed, commuter rail programs and intercity
2198rail transportation system projects or freight railroad traffic
2199in urban areas of the state. For the purpose of this section,
2200"negative impacts" means those caused by noise, vibration, and
2201vehicular traffic congestion and delays occurring at rail and
2202road intersections. "Urban areas" means those areas within or
2203adjacent to a municipality generally characterized by high
2204density development and building patterns, greater concentration
2205of population, and a high level and concentration of public
2206services and facilities. The Orlando commuter rail project means
2207the Central Florida Rail Corridor, a line of railroad between
2208Deland and Poinciana. The report shall include, without
2209limitation:
2210     (a)  Options and alternatives for eliminating negative
2211impacts associated with increased freight railroad traffic and
2212freight railroad congestions within urban areas resulting from
2213commuter rail programs or intercity rail transportation system
2214improvements, projects, and facilities, including specifically
2215those associated with the Orlando commuter railroad project.
2216     (b)  Proposed freight railroad improvements, projects, and
2217facilities to be undertaken in the next 20 years, including
2218those associated with the Orlando commuter railroad project, to
2219eliminate such negative impacts, including, based upon the best
2220available, existing data, a detailed listing of specific
2221projects with estimates of the costs of each specific
2222improvement, project, and facility; projected timelines for such
2223improvements, projects, and facilities; the estimated priority
2224of each such improvement, project, and facility; and the
2225benefits to public safety, economic development, and downtown
2226development and redevelopment from such improvements, projects,
2227and facilities.
2228     (c)  A map of those proposed improvements, projects, and
2229facilities.
2230     (d)  A finance plan based upon reasonable projections of
2231anticipated revenues available to the department and units of
2232local government, including both 10-year and 20-year cost-
2233feasible components, for such improvements, projects, and
2234facilities that demonstrates how or what portion of such
2235improvements, projects, and facilities can be implemented, as it
2236is the intent of the Legislature and the public policy of the
2237state that such negative impacts of commuter rail programs, and
2238intercity rail transportation system projects funded by the
2239state, including those associated with the Orlando commuter
2240railroad project, be eliminated not later than 8 years after
2241commuter rail programs and intercity rail transportation system
2242projects begin operation.
2243     (4)  The report containing the information required
2244pursuant to subsections (1), (2), and (3) shall be delivered to
2245the Governor, the President of the Senate, the Speaker of the
2246House of Representatives, and the leaders of the minority
2247parties of the Senate and House of Representatives on or before
2248January 15, 2009.
2249     Section 38.  Part III of chapter 343, Florida Statutes,
2250consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,
2251343.76, and 343.77, is repealed.
2252     Section 39.  Subsection (4) of section 348.0003, Florida
2253Statutes, is amended to read:
2254     348.0003  Expressway authority; formation; membership.--
2255     (4)(a)  An authority may employ an executive secretary, an
2256executive director, its own counsel and legal staff, technical
2257experts, and such engineers and employees, permanent or
2258temporary, as it may require and shall determine the
2259qualifications and fix the compensation of such persons, firms,
2260or corporations. An authority may employ a fiscal agent or
2261agents; however, the authority must solicit sealed proposals
2262from at least three persons, firms, or corporations for the
2263performance of any services as fiscal agents. An authority may
2264delegate to one or more of its agents or employees such of its
2265power as it deems necessary to carry out the purposes of the
2266Florida Expressway Authority Act, subject always to the
2267supervision and control of the authority. Members of an
2268authority may be removed from office by the Governor for
2269misconduct, malfeasance, misfeasance, or nonfeasance in office.
2270     (b)  Members of an authority are entitled to receive from
2271the authority their travel and other necessary expenses incurred
2272in connection with the business of the authority as provided in
2273s. 112.061, but they may not draw salaries or other
2274compensation.
2275     (c)  Members of each expressway an authority,
2276transportation authority, bridge authority, or toll authority,
2277created pursuant to this chapter, chapter 343, or chapter 349,
2278or pursuant to any other legislative enactment, shall be
2279required to comply with the applicable financial disclosure
2280requirements of s. 8, Art. II of the State Constitution. This
2281subsection does not subject a statutorily created expressway
2282authority, transportation authority, bridge authority, or toll
2283authority, other than one created under this part, to any of the
2284requirements of this part other than those contained in this
2285subsection.
2286     Section 40.  Paragraph (c) is added to subsection (1) of
2287section 348.0004, Florida Statutes, to read:
2288     348.0004  Purposes and powers.--
2289     (1)
2290     (c)  Notwithstanding any other provision of law, expressway
2291authorities as defined in chapter 348 may index toll rates on
2292toll facilities to the annual Consumer Price Index or similar
2293inflation indicators. Once a toll rate index has been
2294implemented pursuant to this paragraph, the toll rate index
2295shall remain in place and may not be revoked. Toll rate index
2296for inflation under this subsection must be adopted and approved
2297by the expressway authority board at a public meeting and may be
2298made no more frequently than once a year and must be made no
2299less frequently than once every 5 years as necessary to
2300accommodate cash toll rate schedules. Toll rates may be
2301increased beyond these limits as directed by bond documents,
2302covenants, or governing body authorization or pursuant to
2303department administrative rule.
2304     Section 41.  Subsection (1) of section 479.01, Florida
2305Statutes, is amended to read:
2306     479.01  Definitions.--As used in this chapter, the term:
2307     (1)  "Automatic changeable facing" means a facing that
2308which through a mechanical system is capable of delivering two
2309or more advertising messages through an automated or remotely
2310controlled process and shall not rotate so rapidly as to cause
2311distraction to a motorist.
2312     Section 42.  Subsections (1), (5), and (9) of section
2313479.07, Florida Statutes, are amended to read:
2314     479.07  Sign permits.--
2315     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
2316person may not erect, operate, use, or maintain, or cause to be
2317erected, operated, used, or maintained, any sign on the State
2318Highway System outside an urban incorporated area, as defined in
2319s. 334.03(32), or on any portion of the interstate or federal-
2320aid primary highway system without first obtaining a permit for
2321the sign from the department and paying the annual fee as
2322provided in this section. For purposes of this section, "on any
2323portion of the State Highway System, interstate, or federal-aid
2324primary system" shall mean a sign located within the controlled
2325area which is visible from any portion of the main-traveled way
2326of such system.
2327     (5)(a)  For each permit issued, the department shall
2328furnish to the applicant a serially numbered permanent metal
2329permit tag. The permittee is responsible for maintaining a valid
2330permit tag on each permitted sign facing at all times. The tag
2331shall be securely attached to the sign facing or, if there is no
2332facing, on the pole nearest the highway; and it shall be
2333attached in such a manner as to be plainly visible from the
2334main-traveled way. Effective July 1, 2011, the tag shall be
2335securely attached to the upper 50 percent of the pole nearest
2336the highway and shall be attached in such a manner as to be
2337plainly visible from the main-traveled way. The permit will
2338become void unless the permit tag is properly and permanently
2339displayed at the permitted site within 30 days after the date of
2340permit issuance. If the permittee fails to erect a completed
2341sign on the permitted site within 270 days after the date on
2342which the permit was issued, the permit will be void, and the
2343department may not issue a new permit to that permittee for the
2344same location for 270 days after the date on which the permit
2345became void.
2346     (b)  If a permit tag is lost, stolen, or destroyed, the
2347permittee to whom the tag was issued may must apply to the
2348department for a replacement tag. The department shall establish
2349by rule a service fee for replacement tags in an amount that
2350will recover the actual cost of providing the replacement tag.
2351Upon receipt of the application accompanied by the a service fee
2352of $3, the department shall issue a replacement permit tag.
2353Alternatively, the permittee may provide its own replacement tag
2354pursuant to department specifications which the department shall
2355establish by rule at the time it establishes the service fee for
2356replacement tags.
2357     (9)(a)  A permit shall not be granted for any sign for
2358which a permit had not been granted by the effective date of
2359this act unless such sign is located at least:
2360     1.  One thousand five hundred feet from any other permitted
2361sign on the same side of the highway, if on an interstate
2362highway.
2363     2.  One thousand feet from any other permitted sign on the
2364same side of the highway, if on a federal-aid primary highway.
2365
2366The minimum spacing provided in this paragraph does not preclude
2367the permitting of V-type, back-to-back, side-to-side, stacked,
2368or double-faced signs at the permitted sign site. If a sign is
2369visible from the controlled area of more than one highway
2370subject to the jurisdiction of the department, the sign shall
2371meet the permitting requirements of, and, if the sign meets the
2372applicable permitting requirements, be permitted to, the highway
2373with the more stringent permitting requirements.
2374     (b)  A permit shall not be granted for a sign pursuant to
2375this chapter to locate such sign on any portion of the
2376interstate or federal-aid primary highway system, which sign:
2377     1.  Exceeds 50 feet in sign structure height above the
2378crown of the main-traveled way, if outside an incorporated area;
2379     2.  Exceeds 65 feet in sign structure height above the
2380crown of the main-traveled way, if inside an incorporated area;
2381or
2382     3.  Exceeds 950 square feet of sign facing including all
2383embellishments.
2384     (c)  Notwithstanding subparagraph (a)1., there is
2385established a pilot program in Orange, Hillsborough, and Osceola
2386Counties, and within the boundaries of the City of Miami, under
2387which the distance between permitted signs on the same side of
2388an interstate highway may be reduced to 1,000 feet if all other
2389requirements of this chapter are met and if:
2390     1.  The local government has adopted a plan, program,
2391resolution, ordinance, or other policy encouraging the voluntary
2392removal of signs in a downtown, historic, redevelopment, infill,
2393or other designated area which also provides for a new or
2394replacement sign to be erected on an interstate highway within
2395that jurisdiction if a sign in the designated area is removed;
2396     2.  The sign owner and the local government mutually agree
2397to the terms of the removal and replacement; and
2398     3.  The local government notifies the department of its
2399intention to allow such removal and replacement as agreed upon
2400pursuant to subparagraph 2.
2401
2402The department shall maintain statistics tracking the use of the
2403provisions of this pilot program based on the notifications
2404received by the department from local governments under this
2405paragraph.
2406     Section 43.  Section 479.08, Florida Statutes, is amended
2407to read:
2408     479.08  Denial or revocation of permit.--The department has
2409the authority to deny or revoke any permit requested or granted
2410under this chapter in any case in which it determines that the
2411application for the permit contains knowingly false or knowingly
2412misleading information. The department has the authority to
2413revoke any permit granted under this chapter in any case in
2414which or that the permittee has violated any of the provisions
2415of this chapter, unless such permittee, within 30 days after the
2416receipt of notice by the department, corrects such false or
2417misleading information and complies with the provisions of this
2418chapter. For the purpose of this section, the notice of
2419violation issued by the department shall describe in detail the
2420alleged violation. Any person aggrieved by any action of the
2421department in denying or revoking a permit under this chapter
2422may, within 30 days after receipt of the notice, apply to the
2423department for an administrative hearing pursuant to chapter
2424120. If a timely request for hearing has been filed and the
2425department issues a final order revoking a permit, such
2426revocation shall be effective 30 days after the date of
2427rendition. Except for department action pursuant to s.
2428479.107(1), the filing of a timely and proper notice of appeal
2429shall operate to stay the revocation until the department's
2430action is upheld.
2431     Section 44.  Subsections (1), (3), (4), and (5) of section
2432479.261, Florida Statutes, are amended to read:
2433     479.261  Logo sign program.--
2434     (1)  The department shall establish a logo sign program for
2435the rights-of-way of the interstate highway system to provide
2436information to motorists about available gas, food, lodging, and
2437camping, attractions, and other services, as approved by the
2438Federal Highway Administration, at interchanges, through the use
2439of business logos, and may include additional interchanges under
2440the program. A logo sign for nearby attractions may be added to
2441this program if allowed by federal rules.
2442     (a)  An attraction as used in this chapter is defined as an
2443establishment, site, facility, or landmark that which is open a
2444minimum of 5 days a week for 52 weeks a year; that which charges
2445an admission for entry; which has as its principal focus family-
2446oriented entertainment, cultural, educational, recreational,
2447scientific, or historical activities; and that which is publicly
2448recognized as a bona fide tourist attraction. However, the
2449permits for businesses seeking to participate in the attractions
2450logo sign program shall be awarded by the department annually to
2451the highest bidders, notwithstanding the limitation on fees in
2452subsection (5), which are qualified for available space at each
2453qualified location, but the fees therefor may not be less than
2454the fees established for logo participants in other logo
2455categories.
2456     (b)  The department shall incorporate the use of RV-
2457friendly markers on specific information logo signs for
2458establishments that cater to the needs of persons driving
2459recreational vehicles. Establishments that qualify for
2460participation in the specific information logo program and that
2461also qualify as "RV-friendly" may request the RV-friendly marker
2462on their specific information logo sign. An RV-friendly marker
2463must consist of a design approved by the Federal Highway
2464Administration. The department shall adopt rules in accordance
2465with chapter 120 to administer this paragraph, including rules
2466setting forth the minimum requirements that establishments must
2467meet in order to qualify as RV-friendly. These requirements
2468shall include large parking spaces, entrances, and exits that
2469can easily accommodate recreational vehicles and facilities
2470having appropriate overhead clearances, if applicable.
2471     (c)  The department may implement a 3-year rotation-based
2472logo program providing for the removal and addition of
2473participating businesses in the program.
2474     (3)  Logo signs may be installed upon the issuance of an
2475annual permit by the department or its agent and payment of a an
2476application and permit fee to the department or its agent.
2477     (4)  The department may contract pursuant to s. 287.057 for
2478the provision of services related to the logo sign program,
2479including recruitment and qualification of businesses, review of
2480applications, permit issuance, and fabrication, installation,
2481and maintenance of logo signs. The department may reject all
2482proposals and seek another request for proposals or otherwise
2483perform the work. If the department contracts for the provision
2484of services for the logo sign program, the contract must
2485require, unless the business owner declines, that businesses
2486that previously entered into agreements with the department to
2487privately fund logo sign construction and installation be
2488reimbursed by the contractor for the cost of the signs which has
2489not been recovered through a previously agreed upon waiver of
2490fees. The contract also may allow the contractor to retain a
2491portion of the annual fees as compensation for its services.
2492     (5)  Permit fees for businesses that participate in the
2493program must be established in an amount sufficient to offset
2494the total cost to the department for the program, including
2495contract costs. The department shall provide the services in the
2496most efficient and cost-effective manner through department
2497staff or by contracting for some or all of the services. The
2498department shall adopt rules that set reasonable rates based
2499upon factors such as population, traffic volume, market demand,
2500and costs for annual permit fees. However, annual permit fees
2501for sign locations inside an urban area, as defined in s.
2502334.03(32), may not exceed $5,000 and annual permit fees for
2503sign locations outside an urban area, as defined in s.
2504334.03(32), may not exceed $2,500. After recovering program
2505costs, the proceeds from the logo program shall be deposited
2506into the State Transportation Trust Fund and used for
2507transportation purposes. Such annual permit fee shall not exceed
2508$1,250.
2509     Section 45.  Section 212.0606, Florida Statutes, is amended
2510to read:
2511     212.0606  Rental car surcharge; discretionary local rental
2512car surcharge.--
2513     (1)  A surcharge of $2 $2.00 per day or any part of a day
2514is imposed upon the lease or rental of a motor vehicle licensed
2515for hire and designed to carry fewer less than nine passengers,
2516regardless of whether such motor vehicle is licensed in Florida.
2517The surcharge applies to only the first 30 days of the term of
2518any lease or rental and. The surcharge is subject to all
2519applicable taxes imposed by this chapter.
2520     (2)(a)  Notwithstanding s. the provisions of section
2521212.20, and less costs of administration, 80 percent of the
2522proceeds of the this surcharge imposed under subsection (1)
2523shall be deposited in the State Transportation Trust Fund, 15.75
2524percent of the proceeds of this surcharge shall be deposited in
2525the Tourism Promotional Trust Fund created in s. 288.122, and
25264.25 percent of the proceeds of this surcharge shall be
2527deposited in the Florida International Trade and Promotion Trust
2528Fund. As used in For the purposes of this subsection, "proceeds"
2529of the surcharge means all funds collected and received by the
2530department under subsection (1) this section, including interest
2531and penalties on delinquent surcharges. The department shall
2532provide the Department of Transportation rental car surcharge
2533revenue information for the previous state fiscal year by
2534September 1 of each year.
2535     (b)  Notwithstanding any other provision of law, in fiscal
2536year 2007-2008 and each year thereafter, the proceeds deposited
2537in the State Transportation Trust Fund shall be allocated on an
2538annual basis in the Department of Transportation's work program
2539to each department district, except the Turnpike District. The
2540amount allocated for each district shall be based upon the
2541amount of proceeds attributed to the counties within each
2542respective district.
2543     (3)(a)  In addition to the surcharge imposed under
2544subsection (1), each county containing an international airport
2545may levy a discretionary local surcharge pursuant to county
2546ordinance and subject to approval by a majority vote of the
2547electorate of the county voting in a referendum on the local
2548surcharge of $2 per day, or any part of a day, upon the lease or
2549rental, originating at an international airport, of a motor
2550vehicle licensed for hire and designed to carry fewer than nine
2551passengers, regardless of whether such motor vehicle is licensed
2552in this state. The surcharge may be applied to only the first 30
2553days of the term of the lease or rental and is subject to all
2554applicable taxes imposed by this chapter.
2555     (b)  If the ordinance authorizing the imposition of the
2556surcharge is approved by such referendum, a certified copy of
2557the ordinance shall be furnished by the county to the department
2558within 10 days after such approval, but no later than November
255916 prior to the effective date. The notice must specify the time
2560period during which the surcharge will be in effect and must
2561include a copy of the ordinance and such other information as
2562the department requires by rule. Failure to timely provide such
2563notification to the department shall result in delay of the
2564effective date for a period of 1 year. The effective date for
2565any county to impose the surcharge shall be January 1 following
2566the year in which the ordinance was approved by referendum. A
2567local surcharge may not terminate on a date other than December
256831.
2569     (c)  Any dealer that collects the local surcharge but fails
2570to report surcharge collections by county, as required by
2571paragraph (4)(b), shall have the surcharge proceeds deposited
2572into the Solid Waste Management Trust Fund and then transferred
2573to the Local Option Fuel Tax Trust Fund, which is separate from
2574the county surcharge collection accounts. The department shall
2575distribute funds in this account, less the cost of
2576administration, using a distribution factor determined for each
2577county that levies a surcharge based on the county's latest
2578official population determined pursuant to s. 186.901 and
2579multiplied by the amount of funds in the account and available
2580for distribution.
2581     (d)  Notwithstanding s. 212.20, and less the costs of
2582administration, the proceeds of the local surcharge imposed
2583under paragraph (a) shall be transferred to the Local Option
2584Fuel Tax Trust Fund and distributed monthly by the department
2585under s.
2586336.025(3)(a)1. or (4)(a) and used solely for costs associated
2587with the construction, reconstruction, operation, maintenance,
2588and repair of facilities under a commuter rail service program
2589provided by the state or other governmental entity in the county
2590served by the commuter rail program from which the surcharge was
2591collected. As used in this subsection, "proceeds" of the local
2592surcharge means all funds collected and received by the
2593department under this subsection, including interest and
2594penalties on delinquent surcharges.
2595     (4)(3)(a)  Except as provided in this section, the
2596department shall administer, collect, and enforce the surcharge
2597and local surcharge as provided in this chapter.
2598     (b)  The department shall require dealers to report
2599surcharge collections according to the county to which the
2600surcharge and local surcharge was attributed. For purposes of
2601this section, the surcharge and local surcharge shall be
2602attributed to the county where the rental agreement was entered
2603into.
2604     (c)  Dealers who collect a the rental car surcharge shall
2605report to the department all surcharge and local surcharge
2606revenues attributed to the county where the rental agreement was
2607entered into on a timely filed return for each required
2608reporting period. The provisions of this chapter which apply to
2609interest and penalties on delinquent taxes shall apply to the
2610surcharge and local surcharge. The surcharge and local surcharge
2611shall not be included in the calculation of estimated taxes
2612pursuant to s. 212.11. The dealer's credit provided in s. 212.12
2613shall not apply to any amount collected under this section.
2614     (5)(4)  The surcharge and any local surcharge imposed by
2615this section does not apply to a motor vehicle provided at no
2616charge to a person whose motor vehicle is being repaired,
2617adjusted, or serviced by the entity providing the replacement
2618motor vehicle.
2619     Section 46.  Business partnerships; display of names.--
2620     (1)  School districts are encouraged to partner with local
2621businesses for the purposes of mentorship opportunities,
2622development of employment options and additional funding
2623sources, and other mutual benefits.
2624     (2)  As a pilot program through June 30, 2011, the Palm
2625Beach County School District may publicly display the names and
2626recognitions of their business partners on school district
2627property in unincorporated areas. Examples of appropriate
2628business partner recognition include "Project Graduation" and
2629athletic sponsorships. The district shall make every effort to
2630display business partner names in a manner that is consistent
2631with the county standards for uniformity in size, color, and
2632placement of the signs. Whenever the provisions of this section
2633are inconsistent with the provisions of the county ordinances or
2634regulations relating to signs or the provisions of chapter 125,
2635chapter 166, or chapter 479, Florida Statutes, in the
2636unincorporated areas, the provisions of this section shall
2637prevail.
2638     Section 47.  Paragraph (d) of subsection (10) of section
2639768.28, Florida Statutes, is amended to read:
2640     768.28  Waiver of sovereign immunity in tort actions;
2641recovery limits; limitation on attorney fees; statute of
2642limitations; exclusions; indemnification; risk management
2643programs.--
2644     (10)
2645     (d)1.  For the purposes of this section, operators,
2646dispatchers, and providers of security for rail services and
2647rail facility maintenance providers in any rail corridor owned
2648by the Department of Transportation the South Florida Rail
2649Corridor, or any of their employees or agents, performing such
2650services under contract with and on behalf of the South Florida
2651Regional Transportation Authority or the Department of
2652Transportation, or a governmental entity that is under contract
2653with the Department of Transportation to perform such services
2654or a governmental entity designated by the Department of
2655Transportation, shall be considered agents of the state while
2656acting within the scope of and pursuant to guidelines
2657established in said contract or by rule. This subsection shall
2658not be construed as designating persons providing contracted
2659operator, dispatcher, security services, rail facility
2660maintenance, or other services as employees or agents of the
2661state for the purposes of the Federal Employers Liability Act,
2662the Federal Railway Labor Act, or chapter 440.
2663     2.  The Department of Transportation shall ensure that
2664operators, dispatchers, and providers of security for rail
2665services and rail facility maintenance providers in any rail
2666corridor owned by the Department of Transportation meet
2667requirements, as applicable to the service provided,
2668demonstrating that, at a minimum, the provider:
2669     a.  Has complete knowledge of railroad specific dispatch
2670operating rules, physical characteristics of the rail line for
2671which the provider is responsible, and overall railroad
2672operations including responsibilities of various departments
2673within the railroad organization.
2674     b.  Has complete knowledge of railroad track maintenance
2675standards and the Federal Railroad Administration Track Safety
2676Standards, 49 C.F.R. part 213, and the Railroad Worker
2677Protection, 49 C.F.R. part 214.
2678     c.  Meets the requirements of 49 C.F.R. s. 213.7,
2679specifying the minimum qualifications and abilities for those
2680persons to supervise the restoration and renewal of railroad
2681track and for those persons to inspect such track for compliance
2682with railroad specific maintenance standards and Federal
2683Railroad Administration track safety standards.
2684     d.  Has complete knowledge of railroad signal maintenance
2685standards and Federal Railroad Administration Grade Crossing
2686Signal System Safety Standards, 49 C.F.R. part 234, and the
2687Railroad Worker Protection, 49 C.F.R. part 214.
2688     e.  Has the ability to read and understand highly complex
2689wiring diagrams and technical instruction manuals relating to
2690railroad signals.
2691     f.  Understands rail corridor operating and safety rules.
2692     g.  Has the ability to develop and comply with Federal
2693Transit Administration Management plans.
2694     h.  Has the ability to develop and comply with Federal
2695Railroad Administration Safety and Security Program plans.
2696     Section 48.  The Department of Transportation, in
2697consultation with the Department of Law Enforcement, the
2698Division of Emergency Management of the Department of Community
2699Affairs, and the Office of Tourism, Trade, and Economic
2700Development, and metropolitan planning organizations and
2701regional planning councils within whose jurisdictional area the
2702I-95 corridor lies, shall complete a study of transportation
2703alternatives for the travel corridor parallel to Interstate 95
2704which takes into account the transportation, emergency
2705management, homeland security, and economic development needs of
2706the state. The report must include identification of cost-
2707effective measures that may be implemented to alleviate
2708congestion on Interstate 95, facilitate emergency and security
2709responses, and foster economic development. The Department of
2710Transportation shall send the report to the Governor, the
2711President of the Senate, the Speaker of the House of
2712Representatives, and each affected metropolitan planning
2713organization by June 30, 2009.
2714     Section 49.  Notwithstanding any provision of chapter 74-
2715400, Laws of Florida, public funds may be used for the
2716alteration of Old Cutler Road, between Southwest 136th Street
2717and Southwest 184th Street, in the Village of Palmetto Bay.
2718     (1)  The alteration may include the installation of
2719sidewalks, curbing, and landscaping to enhance pedestrian access
2720to the road.
2721     (2)  The official approval of the project by the Department
2722of State must be obtained before any alteration is started.
2723     Section 50.  For the purpose of incorporating the amendment
2724made by this act to section 316.193, Florida Statutes, in a
2725reference thereto, paragraph (a) of subsection (3) of section
2726316.066, Florida Statutes, is reenacted to read:
2727     316.066  Written reports of crashes.--
2728     (3)(a)  Every law enforcement officer who in the regular
2729course of duty investigates a motor vehicle crash:
2730     1.  Which crash resulted in death or personal injury shall,
2731within 10 days after completing the investigation, forward a
2732written report of the crash to the department or traffic records
2733center.
2734     2.  Which crash involved a violation of s. 316.061(1) or s.
2735316.193 shall, within 10 days after completing the
2736investigation, forward a written report of the crash to the
2737department or traffic records center.
2738     3.  In which crash a vehicle was rendered inoperative to a
2739degree which required a wrecker to remove it from traffic may,
2740within 10 days after completing the investigation, forward a
2741written report of the crash to the department or traffic records
2742center if such action is appropriate, in the officer's
2743discretion.
2744     Section 51.  For the purpose of incorporating the amendment
2745made by this act to section 316.193, Florida Statutes, in a
2746reference thereto, paragraph (b) of subsection (4) of section
2747316.072, Florida Statutes, is reenacted to read:
2748     316.072  Obedience to and effect of traffic laws.--
2749     (4)  PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;
2750EXCEPTIONS.--
2751     (b)  Unless specifically made applicable, the provisions of
2752this chapter, except those contained in ss. 316.192, 316.1925,
2753and 316.193, shall not apply to persons, teams, or motor
2754vehicles and other equipment while actually engaged in work upon
2755the surface of a highway, but shall apply to such persons and
2756vehicles when traveling to or from such work.
2757     Section 52.  For the purpose of incorporating the amendment
2758made by this act to section 316.193, Florida Statutes, in a
2759reference thereto, subsection (3) of section 316.1932, Florida
2760Statutes, is reenacted to read:
2761     316.1932  Tests for alcohol, chemical substances, or
2762controlled substances; implied consent; refusal.--
2763     (3)  Notwithstanding any provision of law pertaining to the
2764confidentiality of hospital records or other medical records,
2765information relating to the alcoholic content of the blood or
2766breath or the presence of chemical substances or controlled
2767substances in the blood obtained pursuant to this section shall
2768be released to a court, prosecuting attorney, defense attorney,
2769or law enforcement officer in connection with an alleged
2770violation of s. 316.193 upon request for such information.
2771     Section 53.  For the purpose of incorporating the amendment
2772made by this act to section 316.193, Florida Statutes, in a
2773reference thereto, subsection (4) of section 316.1933, Florida
2774Statutes, is reenacted to read:
2775     316.1933  Blood test for impairment or intoxication in
2776cases of death or serious bodily injury; right to use reasonable
2777force.--
2778     (4)  Notwithstanding any provision of law pertaining to the
2779confidentiality of hospital records or other medical records,
2780information relating to the alcoholic content of the blood or
2781the presence of chemical substances or controlled substances in
2782the blood obtained pursuant to this section shall be released to
2783a court, prosecuting attorney, defense attorney, or law
2784enforcement officer in connection with an alleged violation of
2785s. 316.193 upon request for such information.
2786     Section 54.  For the purpose of incorporating the amendment
2787made by this act to section 316.193, Florida Statutes, in
2788references thereto, subsection (1) and paragraph (d) of
2789subsection (2) of section 316.1937, Florida Statutes, are
2790reenacted to read:
2791     316.1937  Ignition interlock devices, requiring; unlawful
2792acts.--
2793     (1)  In addition to any other authorized penalties, the
2794court may require that any person who is convicted of driving
2795under the influence in violation of s. 316.193 shall not operate
2796a motor vehicle unless that vehicle is equipped with a
2797functioning ignition interlock device certified by the
2798department as provided in s. 316.1938, and installed in such a
2799manner that the vehicle will not start if the operator's blood
2800alcohol level is in excess of 0.05 percent or as otherwise
2801specified by the court. The court may require the use of an
2802approved ignition interlock device for a period of not less than
28036 months, if the person is permitted to operate a motor vehicle,
2804whether or not the privilege to operate a motor vehicle is
2805restricted, as determined by the court. The court, however,
2806shall order placement of an ignition interlock device in those
2807circumstances required by s. 316.193.
2808     (2)  If the court imposes the use of an ignition interlock
2809device, the court shall:
2810     (d)  Determine the person's ability to pay for installation
2811of the device if the person claims inability to pay. If the
2812court determines that the person is unable to pay for
2813installation of the device, the court may order that any portion
2814of a fine paid by the person for a violation of s. 316.193 shall
2815be allocated to defray the costs of installing the device.
2816     Section 55.  For the purpose of incorporating the amendment
2817made by this act to section 316.193, Florida Statutes, in a
2818reference thereto, paragraph (b) of subsection (1) of section
2819316.1939, Florida Statutes, is reenacted to read:
2820     316.1939  Refusal to submit to testing; penalties.--
2821     (1)  Any person who has refused to submit to a chemical or
2822physical test of his or her breath, blood, or urine, as
2823described in s. 316.1932, and whose driving privilege was
2824previously suspended for a prior refusal to submit to a lawful
2825test of his or her breath, urine, or blood, and:
2826     (b)  Who was placed under lawful arrest for a violation of
2827s. 316.193 unless such test was requested pursuant to s.
2828316.1932(1)(c);
2829
2830commits a misdemeanor of the first degree and is subject to
2831punishment as provided in s. 775.082 or s. 775.083.
2832     Section 56.  For the purpose of incorporating the amendment
2833made by this act to section 316.193, Florida Statutes, in a
2834reference thereto, subsection (1) of section 316.656, Florida
2835Statutes, is reenacted to read:
2836     316.656  Mandatory adjudication; prohibition against
2837accepting plea to lesser included offense.--
2838     (1)  Notwithstanding the provisions of s. 948.01, no court
2839may suspend, defer, or withhold adjudication of guilt or
2840imposition of sentence for any violation of s. 316.193, for
2841manslaughter resulting from the operation of a motor vehicle, or
2842for vehicular homicide.
2843     Section 57.  For the purpose of incorporating the amendment
2844made by this act to section 316.193, Florida Statutes, in
2845references thereto, subsections (4) and (5) of section 318.143,
2846Florida Statutes, are reenacted to read:
2847     318.143  Sanctions for infractions by minors.--
2848     (4)  For the first conviction for a violation of s.
2849316.193, the court may order the Department of Highway Safety
2850and Motor Vehicles to revoke the minor's driver's license until
2851the minor is 18 years of age. For a second or subsequent
2852conviction for such a violation, the court may order the
2853Department of Highway Safety and Motor Vehicles to revoke the
2854minor's driver's license until the minor is 21 years of age.
2855     (5)  A minor who is arrested for a violation of s. 316.193
2856may be released from custody as soon as:
2857     (a)  The minor is no longer under the influence of
2858alcoholic beverages, of any chemical substance set forth in s.
2859877.111, or of any substance controlled under chapter 893, and
2860is not affected to the extent that his or her normal faculties
2861are impaired;
2862     (b)  The minor's blood-alcohol level is less than 0.05
2863percent; or
2864     (c)  Six hours have elapsed after the minor's arrest.
2865     Section 58.  For the purpose of incorporating the amendment
2866made by this act to section 316.193, Florida Statutes, in a
2867reference thereto, subsection (3) of section 318.17, Florida
2868Statutes, is reenacted to read:
2869     318.17  Offenses excepted.--No provision of this chapter is
2870available to a person who is charged with any of the following
2871offenses:
2872     (3)  Driving, or being in actual physical control of, any
2873vehicle while under the influence of alcoholic beverages, any
2874chemical substance set forth in s. 877.111, or any substance
2875controlled under chapter 893, in violation of s. 316.193, or
2876driving with an unlawful blood-alcohol level;
2877     Section 59.  For the purpose of incorporating the amendment
2878made by this act to section 316.193, Florida Statutes, in a
2879reference thereto, paragraph (c) of subsection (1) of section
2880320.055, Florida Statutes, is reenacted to read:
2881     320.055  Registration periods; renewal periods.--The
2882following registration periods and renewal periods are
2883established:
2884     (1)
2885     (c)  Notwithstanding the requirements of paragraph (a), the
2886owner of a motor vehicle subject to paragraph (a) who has had
2887his or her driver's license suspended pursuant to a violation of
2888s. 316.193 or pursuant to s. 322.26(2) for driving under the
2889influence must obtain a 6-month registration as a condition of
2890reinstating the license, subject to renewal during the 3-year
2891period that financial responsibility requirements apply. The
2892registration period begins the first day of the birth month of
2893the owner and ends the last day of the fifth month immediately
2894following the owner's birth month. For such vehicles, the
2895department shall issue a vehicle registration certificate that
2896is valid for 6 months and shall issue a validation sticker that
2897displays an expiration date of 6 months after the date of
2898issuance. The license tax required by s. 320.08 and all other
2899applicable license taxes shall be one-half of the amount
2900otherwise required, except the service charge required by s.
2901320.04 shall be paid in full for each 6-month registration. A
2902vehicle required to be registered under this paragraph is not
2903eligible for the extended registration period under paragraph
2904(b).
2905     Section 60.  For the purpose of incorporating the amendment
2906made by this act to section 316.193, Florida Statutes, in a
2907reference thereto, subsection (2) of section 322.03, Florida
2908Statutes, is reenacted to read:
2909     322.03  Drivers must be licensed; penalties.--
2910     (2)  Prior to issuing a driver's license, the department
2911shall require any person who has been convicted two or more
2912times of a violation of s. 316.193 or of a substantially similar
2913alcohol-related or drug-related offense outside this state
2914within the preceding 5 years, or who has been convicted of three
2915or more such offenses within the preceding 10 years, to present
2916proof of successful completion of or enrollment in a department-
2917approved substance abuse education course. If the person fails
2918to complete such education course within 90 days after issuance,
2919the department shall cancel the license. Further, prior to
2920issuing the driver's license the department shall require such
2921person to present proof of financial responsibility as provided
2922in s. 324.031. For the purposes of this paragraph, a previous
2923conviction for violation of former s. 316.028, former s.
2924316.1931, or former s. 860.01 shall be considered a previous
2925conviction for violation of s. 316.193.
2926     Section 61.  For the purpose of incorporating the amendment
2927made by this act to section 316.193, Florida Statutes, in a
2928reference thereto, paragraph (a) of subsection (2) of section
2929322.0602, Florida Statutes, is reenacted to read:
2930     322.0602  Youthful Drunk Driver Visitation Program.--
2931     (2)  COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE FOR
2932PARTICIPATION.--
2933     (a)  If a person is convicted of a violation of s. 316.193,
2934the court may order, as a term and condition of probation in
2935addition to any other term or condition required or authorized
2936by law, that the probationer participate in the Youthful Drunk
2937Driver Visitation Program.
2938     Section 62.  For the purpose of incorporating the amendment
2939made by this act to section 316.193, Florida Statutes, in a
2940reference thereto, subsection (8) of section 322.21, Florida
2941Statutes, is reenacted to read:
2942     322.21  License fees; procedure for handling and collecting
2943fees.--
2944     (8)  Any person who applies for reinstatement following the
2945suspension or revocation of the person's driver's license shall
2946pay a service fee of $35 following a suspension, and $60
2947following a revocation, which is in addition to the fee for a
2948license. Any person who applies for reinstatement of a
2949commercial driver's license following the disqualification of
2950the person's privilege to operate a commercial motor vehicle
2951shall pay a service fee of $60, which is in addition to the fee
2952for a license. The department shall collect all of these fees at
2953the time of reinstatement. The department shall issue proper
2954receipts for such fees and shall promptly transmit all funds
2955received by it as follows:
2956     (a)  Of the $35 fee received from a licensee for
2957reinstatement following a suspension, the department shall
2958deposit $15 in the General Revenue Fund and $20 in the Highway
2959Safety Operating Trust Fund.
2960     (b)  Of the $60 fee received from a licensee for
2961reinstatement following a revocation or disqualification, the
2962department shall deposit $35 in the General Revenue Fund and $25
2963in the Highway Safety Operating Trust Fund.
2964
2965If the revocation or suspension of the driver's license was for
2966a violation of s. 316.193, or for refusal to submit to a lawful
2967breath, blood, or urine test, an additional fee of $115 must be
2968charged. However, only one $115 fee may be collected from one
2969person convicted of violations arising out of the same incident.
2970The department shall collect the $115 fee and deposit the fee
2971into the Highway Safety Operating Trust Fund at the time of
2972reinstatement of the person's driver's license, but the fee may
2973not be collected if the suspension or revocation is overturned.
2974If the revocation or suspension of the driver's license was for
2975a conviction for a violation of s. 817.234(8) or (9) or s.
2976817.505, an additional fee of $180 is imposed for each offense.
2977The department shall collect and deposit the additional fee into
2978the Highway Safety Operating Trust Fund at the time of
2979reinstatement of the person's driver's license.
2980     Section 63.  For the purpose of incorporating the amendment
2981made by this act to section 316.193, Florida Statutes, in a
2982reference thereto, subsection (5) of section 322.25, Florida
2983Statutes, is reenacted to read:
2984     322.25  When court to forward license to department and
2985report convictions; temporary reinstatement of driving
2986privileges.--
2987     (5)  For the purpose of this chapter, the entrance of a
2988plea of nolo contendere by the defendant to a charge of driving
2989while intoxicated, driving under the influence, driving with an
2990unlawful blood-alcohol level, or any other alcohol-related or
2991drug-related traffic offense similar to the offenses specified
2992in s. 316.193, accepted by the court and under which plea the
2993court has entered a fine or sentence, whether in this state or
2994any other state or country, shall be equivalent to a conviction.
2995     Section 64.  For the purpose of incorporating the amendment
2996made by this act to section 316.193, Florida Statutes, in a
2997reference thereto, paragraph (a) of subsection (1) of section
2998322.26, Florida Statutes, is reenacted to read:
2999     322.26  Mandatory revocation of license by department.--The
3000department shall forthwith revoke the license or driving
3001privilege of any person upon receiving a record of such person's
3002conviction of any of the following offenses:
3003     (1)(a)  Murder resulting from the operation of a motor
3004vehicle, DUI manslaughter where the conviction represents a
3005subsequent DUI-related conviction, or a fourth violation of s.
3006316.193 or former s. 316.1931. For such cases, the revocation of
3007the driver's license or driving privilege shall be permanent.
3008     Section 65.  For the purpose of incorporating the amendment
3009made by this act to section 316.193, Florida Statutes, in
3010references thereto, paragraph (a) of subsection (14) and
3011subsection (16) of section 322.2615, Florida Statutes, are
3012reenacted to read:
3013     322.2615  Suspension of license; right to review.--
3014     (14)(a)  The decision of the department under this section
3015or any circuit court review thereof may not be considered in any
3016trial for a violation of s. 316.193, and a written statement
3017submitted by a person in his or her request for departmental
3018review under this section may not be admitted into evidence
3019against him or her in any such trial.
3020     (16)  The department shall invalidate a suspension for
3021driving with an unlawful blood-alcohol level or breath-alcohol
3022level imposed under this section if the suspended person is
3023found not guilty at trial of an underlying violation of s.
3024316.193.
3025     Section 66.  For the purpose of incorporating the amendment
3026made by this act to section 316.193, Florida Statutes, in
3027references thereto, subsections (15) and (19) of section
3028322.2616, Florida Statutes, are reenacted to read:
3029     322.2616  Suspension of license; persons under 21 years of
3030age; right to review.--
3031     (15)  The decision of the department under this section
3032shall not be considered in any trial for a violation of s.
3033316.193, nor shall any written statement submitted by a person
3034in his or her request for departmental review under this section
3035be admissible into evidence against him or her in any such
3036trial. The disposition of any related criminal proceedings shall
3037not affect a suspension imposed under this section.
3038     (19)  A violation of this section is neither a traffic
3039infraction nor a criminal offense, nor does being detained
3040pursuant to this section constitute an arrest. A violation of
3041this section is subject to the administrative action provisions
3042of this section, which are administered by the department
3043through its administrative processes. Administrative actions
3044taken pursuant to this section shall be recorded in the motor
3045vehicle records maintained by the department. This section does
3046not bar prosecution under s. 316.193. However, if the department
3047suspends a person's license under s. 322.2615 for a violation of
3048s. 316.193, it may not also suspend the person's license under
3049this section for the same episode that was the basis for the
3050suspension under s. 322.2615.
3051     Section 67.  For the purpose of incorporating the amendment
3052made by this act to section 316.193, Florida Statutes, in a
3053reference thereto, paragraph (b) of subsection (1) of section
3054322.264, Florida Statutes, is reenacted to read:
3055     322.264  "Habitual traffic offender" defined.--A "habitual
3056traffic offender" is any person whose record, as maintained by
3057the Department of Highway Safety and Motor Vehicles, shows that
3058such person has accumulated the specified number of convictions
3059for offenses described in subsection (1) or subsection (2)
3060within a 5-year period:
3061     (1)  Three or more convictions of any one or more of the
3062following offenses arising out of separate acts:
3063     (b)  Any violation of s. 316.193, former s. 316.1931, or
3064former s. 860.01;
3065
3066Any violation of any federal law, any law of another state or
3067country, or any valid ordinance of a municipality or county of
3068another state similar to a statutory prohibition specified in
3069subsection (1) or subsection (2) shall be counted as a violation
3070of such prohibition. In computing the number of convictions, all
3071convictions during the 5 years previous to July 1, 1972, will be
3072used, provided at least one conviction occurs after that date.
3073The fact that previous convictions may have resulted in
3074suspension, revocation, or disqualification under another
3075section does not exempt them from being used for suspension or
3076revocation under this section as a habitual offender.
3077     Section 68.  For the purpose of incorporating the amendment
3078made by this act to section 316.193, Florida Statutes, in
3079references thereto, paragraphs (a) and (c) of subsection (2) and
3080subsection (4) of section 322.271, Florida Statutes, are
3081reenacted to read:
3082     322.271  Authority to modify revocation, cancellation, or
3083suspension order.--
3084     (2)(a)  Upon such hearing, the person whose license has
3085been suspended, canceled, or revoked may show that such
3086suspension, cancellation, or revocation of his or her license
3087causes a serious hardship and precludes the person's carrying
3088out his or her normal business occupation, trade, or employment
3089and that the use of the person's license in the normal course of
3090his or her business is necessary to the proper support of the
3091person or his or her family. Except as otherwise provided in
3092this subsection, the department shall require proof of the
3093successful completion of the applicable department-approved
3094driver training course operating pursuant to s. 318.1451 or DUI
3095program substance abuse education course and evaluation as
3096provided in s. 316.193(5). Letters of recommendation from
3097respected business persons in the community, law enforcement
3098officers, or judicial officers may also be required to determine
3099whether such person should be permitted to operate a motor
3100vehicle on a restricted basis for business or employment use
3101only and in determining whether such person can be trusted to so
3102operate a motor vehicle. If a driver's license has been
3103suspended under the point system or pursuant to s. 322.2615, the
3104department shall require proof of enrollment in the applicable
3105department-approved driver training course or licensed DUI
3106program substance abuse education course, including evaluation
3107and treatment, if referred, and may require letters of
3108recommendation described in this subsection to determine if the
3109driver should be reinstated on a restricted basis. If such
3110person fails to complete the approved course within 90 days
3111after reinstatement or subsequently fails to complete treatment,
3112if applicable, the department shall cancel his or her driver's
3113license until the course and treatment, if applicable, is
3114successfully completed, notwithstanding the terms of the court
3115order or any suspension or revocation of the driving privilege.
3116The department may temporarily reinstate the driving privilege
3117on a restricted basis upon verification from the DUI program
3118that the offender has reentered and is currently participating
3119in treatment and has completed the DUI education course and
3120evaluation requirement. If the DUI program notifies the
3121department of the second failure to complete treatment, the
3122department shall reinstate the driving privilege only after
3123notice of completion of treatment from the DUI program. The
3124privilege of driving on a limited or restricted basis for
3125business or employment use shall not be granted to a person who
3126has been convicted of a violation of s. 316.193 until completion
3127of the DUI program substance abuse education course and
3128evaluations as provided in s. 316.193(5). Except as provided in
3129paragraph (b), the privilege of driving on a limited or
3130restricted basis for business or employment use shall not be
3131granted to a person whose license is revoked pursuant to s.
3132322.28 or suspended pursuant to s. 322.2615 and who has been
3133convicted of a violation of s. 316.193 two or more times or
3134whose license has been suspended two or more times for refusal
3135to submit to a test pursuant to s. 322.2615 or former s.
3136322.261.
3137     (c)  For the purpose of this section, a previous conviction
3138of driving under the influence, driving while intoxicated,
3139driving with an unlawful blood-alcohol level, or any other
3140similar alcohol-related or drug-related offense outside this
3141state or a previous conviction of former s. 316.1931, former s.
3142316.028, or former s. 860.01 shall be considered a previous
3143conviction for violation of s. 316.193.
3144     (4)  Notwithstanding the provisions of s. 322.28(2)(e), a
3145person whose driving privilege has been permanently revoked
3146because he or she has been convicted of DUI manslaughter in
3147violation of s. 316.193 and has no prior convictions for DUI-
3148related offenses may, upon the expiration of 5 years after the
3149date of such revocation or the expiration of 5 years after the
3150termination of any term of incarceration under s. 316.193 or
3151former s. 316.1931, whichever date is later, petition the
3152department for reinstatement of his or her driving privilege.
3153     (a)  Within 30 days after the receipt of such a petition,
3154the department shall afford the petitioner an opportunity for a
3155hearing. At the hearing, the petitioner must demonstrate to the
3156department that he or she:
3157     1.  Has not been arrested for a drug-related offense during
3158the 5 years preceding the filing of the petition;
3159     2.  Has not driven a motor vehicle without a license for at
3160least 5 years prior to the hearing;
3161     3.  Has been drug-free for at least 5 years prior to the
3162hearing; and
3163     4.  Has completed a DUI program licensed by the department.
3164     (b)  At such hearing, the department shall determine the
3165petitioner's qualification, fitness, and need to drive. Upon
3166such determination, the department may, in its discretion,
3167reinstate the driver's license of the petitioner. Such
3168reinstatement must be made subject to the following
3169qualifications:
3170     1.  The license must be restricted for employment purposes
3171for not less than 1 year; and
3172     2.  Such person must be supervised by a DUI program
3173licensed by the department and report to the program for such
3174supervision and education at least four times a year or
3175additionally as required by the program for the remainder of the
3176revocation period. Such supervision shall include evaluation,
3177education, referral into treatment, and other activities
3178required by the department.
3179     (c)  Such person must assume the reasonable costs of
3180supervision. If such person fails to comply with the required
3181supervision, the program shall report the failure to the
3182department, and the department shall cancel such person's
3183driving privilege.
3184     (d)  If, after reinstatement, such person is convicted of
3185an offense for which mandatory revocation of his or her license
3186is required, the department shall revoke his or her driving
3187privilege.
3188     (e)  The department shall adopt rules regulating the
3189providing of services by DUI programs pursuant to this section.
3190     Section 69.  For the purpose of incorporating the amendment
3191made by this act to section 316.193, Florida Statutes, in
3192references thereto, subsection (2), paragraphs (a) and (c) of
3193subsection (3), and subsection (4) of section 322.2715, Florida
3194Statutes, are reenacted to read:
3195     322.2715  Ignition interlock device.--
3196     (2)  For purposes of this section, any conviction for a
3197violation of s. 316.193, a previous conviction for a violation
3198of former s. 316.1931, or a conviction outside this state for
3199driving under the influence, driving while intoxicated, driving
3200with an unlawful blood-alcohol level, or any other similar
3201alcohol-related or drug-related traffic offense is a conviction
3202of driving under the influence.
3203     (3)  If the person is convicted of:
3204     (a)  A first offense of driving under the influence under
3205s. 316.193 and has an unlawful blood-alcohol level or breath-
3206alcohol level as specified in s. 316.193(4), or if a person is
3207convicted of a violation of s. 316.193 and was at the time of
3208the offense accompanied in the vehicle by a person younger than
320918 years of age, the person shall have the ignition interlock
3210device installed for 6 months for the first offense and for at
3211least 2 years for a second offense.
3212     (c)  A third offense of driving under the influence which
3213occurs within 10 years after a prior conviction for a violation
3214of s. 316.193, the ignition interlock device shall be installed
3215for a period of not less than 2 years.
3216     (4)  If the court fails to order the mandatory placement of
3217the ignition interlock device or fails to order for the
3218applicable period the mandatory placement of an ignition
3219interlock device under s. 316.193 or s. 316.1937 at the time of
3220imposing sentence or within 30 days thereafter, the department
3221shall immediately require that the ignition interlock device be
3222installed as provided in this section, except that consideration
3223may be given to those individuals having a documented medical
3224condition that would prohibit the device from functioning
3225normally. This subsection applies to the reinstatement of the
3226driving privilege following a revocation, suspension, or
3227cancellation that is based upon a conviction for the offense of
3228driving under the influence which occurs on or after July 1,
32292005.
3230     Section 70.  For the purpose of incorporating the amendment
3231made by this act to section 316.193, Florida Statutes, in a
3232reference thereto, subsection (2) of section 322.28, Florida
3233Statutes, is reenacted to read:
3234     322.28  Period of suspension or revocation.--
3235     (2)  In a prosecution for a violation of s. 316.193 or
3236former s. 316.1931, the following provisions apply:
3237     (a)  Upon conviction of the driver, the court, along with
3238imposing sentence, shall revoke the driver's license or driving
3239privilege of the person so convicted, effective on the date of
3240conviction, and shall prescribe the period of such revocation in
3241accordance with the following provisions:
3242     1.  Upon a first conviction for a violation of the
3243provisions of s. 316.193, except a violation resulting in death,
3244the driver's license or driving privilege shall be revoked for
3245not less than 180 days or more than 1 year.
3246     2.  Upon a second conviction for an offense that occurs
3247within a period of 5 years after the date of a prior conviction
3248for a violation of the provisions of s. 316.193 or former s.
3249316.1931 or a combination of such sections, the driver's license
3250or driving privilege shall be revoked for not less than 5 years.
3251     3.  Upon a third conviction for an offense that occurs
3252within a period of 10 years after the date of a prior conviction
3253for the violation of the provisions of s. 316.193 or former s.
3254316.1931 or a combination of such sections, the driver's license
3255or driving privilege shall be revoked for not less than 10
3256years.
3257
3258For the purposes of this paragraph, a previous conviction
3259outside this state for driving under the influence, driving
3260while intoxicated, driving with an unlawful blood-alcohol level,
3261or any other alcohol-related or drug-related traffic offense
3262similar to the offense of driving under the influence as
3263proscribed by s. 316.193 will be considered a previous
3264conviction for violation of s. 316.193, and a conviction for
3265violation of former s. 316.028, former s. 316.1931, or former s.
3266860.01 is considered a conviction for violation of s. 316.193.
3267     (b)  If the period of revocation was not specified by the
3268court at the time of imposing sentence or within 30 days
3269thereafter, and is not otherwise specified by law, the
3270department shall forthwith revoke the driver's license or
3271driving privilege for the maximum period applicable under
3272paragraph (a) for a first conviction and for the minimum period
3273applicable under paragraph (a) for any subsequent convictions.
3274The driver may, within 30 days after such revocation by the
3275department, petition the court for further hearing on the period
3276of revocation, and the court may reopen the case and determine
3277the period of revocation within the limits specified in
3278paragraph (a).
3279     (c)  The forfeiture of bail bond, not vacated within 20
3280days, in any prosecution for the offense of driving while under
3281the influence of alcoholic beverages, chemical substances, or
3282controlled substances to the extent of depriving the defendant
3283of his or her normal faculties shall be deemed equivalent to a
3284conviction for the purposes of this paragraph, and the
3285department shall forthwith revoke the defendant's driver's
3286license or driving privilege for the maximum period applicable
3287under paragraph (a) for a first conviction and for the minimum
3288period applicable under paragraph (a) for a second or subsequent
3289conviction; however, if the defendant is later convicted of the
3290charge, the period of revocation imposed by the department for
3291such conviction shall not exceed the difference between the
3292applicable maximum for a first conviction or minimum for a
3293second or subsequent conviction and the revocation period under
3294this subsection that has actually elapsed; upon conviction of
3295such charge, the court may impose revocation for a period of
3296time as specified in paragraph (a). This paragraph does not
3297apply if an appropriate motion contesting the forfeiture is
3298filed within the 20-day period.
3299     (d)  When any driver's license or driving privilege has
3300been revoked pursuant to the provisions of this section, the
3301department shall not grant a new license, except upon
3302reexamination of the licensee after the expiration of the period
3303of revocation so prescribed. However, the court may, in its
3304sound discretion, issue an order of reinstatement on a form
3305furnished by the department which the person may take to any
3306driver's license examining office for reinstatement by the
3307department pursuant to s. 322.282.
3308     (e)  The court shall permanently revoke the driver's
3309license or driving privilege of a person who has been convicted
3310four times for violation of s. 316.193 or former s. 316.1931 or
3311a combination of such sections. The court shall permanently
3312revoke the driver's license or driving privilege of any person
3313who has been convicted of DUI manslaughter in violation of s.
3314316.193. If the court has not permanently revoked such driver's
3315license or driving privilege within 30 days after imposing
3316sentence, the department shall permanently revoke the driver's
3317license or driving privilege pursuant to this paragraph. No
3318driver's license or driving privilege may be issued or granted
3319to any such person. This paragraph applies only if at least one
3320of the convictions for violation of s. 316.193 or former s.
3321316.1931 was for a violation that occurred after July 1, 1982.
3322For the purposes of this paragraph, a conviction for violation
3323of former s. 316.028, former s. 316.1931, or former s. 860.01 is
3324also considered a conviction for violation of s. 316.193. Also,
3325a conviction of driving under the influence, driving while
3326intoxicated, driving with an unlawful blood-alcohol level, or
3327any other similar alcohol-related or drug-related traffic
3328offense outside this state is considered a conviction for the
3329purposes of this paragraph.
3330     Section 71.  For the purpose of incorporating the amendment
3331made by this act to section 316.193, Florida Statutes, in
3332references thereto, paragraph (a) of subsection (2) of section
3333322.282, Florida Statutes, is reenacted to read:
3334     322.282  Procedure when court revokes or suspends license
3335or driving privilege and orders reinstatement.--When a court
3336suspends or revokes a person's license or driving privilege and,
3337in its discretion, orders reinstatement as provided by s.
3338322.28(2)(d) or former s. 322.261(5):
3339     (2)(a)  The court shall issue an order of reinstatement, on
3340a form to be furnished by the department, which the person may
3341take to any driver's license examining office. The department
3342shall issue a temporary driver's permit to a licensee who
3343presents the court's order of reinstatement, proof of completion
3344of a department-approved driver training or substance abuse
3345education course, and a written request for a hearing under s.
3346322.271. The permit shall not be issued if a record check by the
3347department shows that the person has previously been convicted
3348for a violation of s. 316.193, former s. 316.1931, former s.
3349316.028, former s. 860.01, or a previous conviction outside this
3350state for driving under the influence, driving while
3351intoxicated, driving with an unlawful blood-alcohol level, or
3352any similar alcohol-related or drug-related traffic offense;
3353that the person's driving privilege has been previously
3354suspended for refusal to submit to a lawful test of breath,
3355blood, or urine; or that the person is otherwise not entitled to
3356issuance of a driver's license. This paragraph shall not be
3357construed to prevent the reinstatement of a license or driving
3358privilege that is presently suspended for driving with an
3359unlawful blood-alcohol level or a refusal to submit to a breath,
3360urine, or blood test and is also revoked for a conviction for a
3361violation of s. 316.193 or former s. 316.1931, if the suspension
3362and revocation arise out of the same incident.
3363     Section 72.  For the purpose of incorporating the amendment
3364made by this act to section 316.193, Florida Statutes, in a
3365reference thereto, paragraph (a) of subsection (1) of section
3366322.291, Florida Statutes, is reenacted to read:
3367     322.291  Driver improvement schools or DUI programs;
3368required in certain suspension and revocation cases.--Except as
3369provided in s. 322.03(2), any person:
3370     (1)  Whose driving privilege has been revoked:
3371     (a)  Upon conviction for:
3372     1.  Driving, or being in actual physical control of, any
3373vehicle while under the influence of alcoholic beverages, any
3374chemical substance set forth in s. 877.111, or any substance
3375controlled under chapter 893, in violation of s. 316.193;
3376     2.  Driving with an unlawful blood- or breath-alcohol
3377level;
3378     3.  Manslaughter resulting from the operation of a motor
3379vehicle;
3380     4.  Failure to stop and render aid as required under the
3381laws of this state in the event of a motor vehicle crash
3382resulting in the death or personal injury of another;
3383     5.  Reckless driving; or
3384
3385shall, before the driving privilege may be reinstated, present
3386to the department proof of enrollment in a department-approved
3387advanced driver improvement course operating pursuant to s.
3388318.1451 or a substance abuse education course conducted by a
3389DUI program licensed pursuant to s. 322.292, which shall include
3390a psychosocial evaluation and treatment, if referred. If the
3391person fails to complete such course or evaluation within 90
3392days after reinstatement, or subsequently fails to complete
3393treatment, if referred, the DUI program shall notify the
3394department of the failure. Upon receipt of the notice, the
3395department shall cancel the offender's driving privilege,
3396notwithstanding the expiration of the suspension or revocation
3397of the driving privilege. The department may temporarily
3398reinstate the driving privilege upon verification from the DUI
3399program that the offender has completed the education course and
3400evaluation requirement and has reentered and is currently
3401participating in treatment. If the DUI program notifies the
3402department of the second failure to complete treatment, the
3403department shall reinstate the driving privilege only after
3404notice of completion of treatment from the DUI program.
3405     Section 73.  For the purpose of incorporating the amendment
3406made by this act to section 316.193, Florida Statutes, in a
3407reference thereto, paragraph (a) of subsection (9) of section
3408322.34, Florida Statutes, is reenacted to read:
3409     322.34  Driving while license suspended, revoked, canceled,
3410or disqualified.--
3411     (9)(a)  A motor vehicle that is driven by a person under
3412the influence of alcohol or drugs in violation of s. 316.193 is
3413subject to seizure and forfeiture under ss. 932.701-932.707 and
3414is subject to liens for recovering, towing, or storing vehicles
3415under s. 713.78 if, at the time of the offense, the person's
3416driver's license is suspended, revoked, or canceled as a result
3417of a prior conviction for driving under the influence.
3418     Section 74.  For the purpose of incorporating the amendment
3419made by this act to section 316.193, Florida Statutes, in a
3420reference thereto, subsection (3) of section 322.62, Florida
3421Statutes, is reenacted to read:
3422     322.62  Driving under the influence; commercial motor
3423vehicle operators.--
3424     (3)  This section does not supersede s. 316.193. Nothing in
3425this section prohibits the prosecution of a person who drives a
3426commercial motor vehicle for driving under the influence of
3427alcohol or controlled substances whether or not such person is
3428also prosecuted for a violation of this section.
3429     Section 75.  For the purpose of incorporating the amendment
3430made by this act to section 316.193, Florida Statutes, in
3431references thereto, paragraph (d) of subsection (2) and
3432subsection (6) of section 322.63, Florida Statutes, are
3433reenacted to read:
3434     322.63  Alcohol or drug testing; commercial motor vehicle
3435operators.--
3436     (2)  The chemical and physical tests authorized by this
3437section shall only be required if a law enforcement officer has
3438reasonable cause to believe that a person driving a commercial
3439motor vehicle has any alcohol, chemical substance, or controlled
3440substance in his or her body.
3441     (d)  The administration of one test under paragraph (a),
3442paragraph (b), or paragraph (c) shall not preclude the
3443administration of a different test under paragraph (a),
3444paragraph (b), or paragraph (c). However, a urine test may not
3445be used to determine alcohol concentration and a breath test may
3446not be used to determine the presence of controlled substances
3447or chemical substances in a person's body. Notwithstanding the
3448provisions of this paragraph, in the event a Florida licensee
3449has been convicted in another state for an offense substantially
3450similar to s. 316.193 or to s. 322.62, which conviction was
3451based upon evidence of test results prohibited by this
3452paragraph, that out-of-state conviction shall constitute a
3453conviction for the purposes of this chapter.
3454     (6)  Notwithstanding any provision of law pertaining to the
3455confidentiality of hospital records or other medical records,
3456information relating to the alcohol content of a person's blood
3457or the presence of chemical substances or controlled substances
3458in a person's blood obtained pursuant to this section shall be
3459released to a court, prosecuting attorney, defense attorney, or
3460law enforcement officer in connection with an alleged violation
3461of s. 316.193 or s. 322.62 upon request for such information.
3462     Section 76.  For the purpose of incorporating the amendment
3463made by this act to section 316.193, Florida Statutes, in
3464references thereto, subsections (1) and (2), paragraph (a) of
3465subsection (7), paragraph (b) of subsection (8), and subsections
3466(14) and (15) of section 322.64, Florida Statutes, are reenacted
3467to read:
3468     322.64  Holder of commercial driver's license; driving with
3469unlawful blood-alcohol level; refusal to submit to breath,
3470urine, or blood test.--
3471     (1)(a)  A law enforcement officer or correctional officer
3472shall, on behalf of the department, disqualify from operating
3473any commercial motor vehicle a person who while operating or in
3474actual physical control of a commercial motor vehicle is
3475arrested for a violation of s. 316.193, relating to unlawful
3476blood-alcohol level or breath-alcohol level, or a person who has
3477refused to submit to a breath, urine, or blood test authorized
3478by s. 322.63 arising out of the operation or actual physical
3479control of a commercial motor vehicle. Upon disqualification of
3480the person, the officer shall take the person's driver's license
3481and issue the person a 10-day temporary permit for the operation
3482of noncommercial vehicles only if the person is otherwise
3483eligible for the driving privilege and shall issue the person a
3484notice of disqualification. If the person has been given a
3485blood, breath, or urine test, the results of which are not
3486available to the officer at the time of the arrest, the agency
3487employing the officer shall transmit such results to the
3488department within 5 days after receipt of the results. If the
3489department then determines that the person was arrested for a
3490violation of s. 316.193 and that the person had a blood-alcohol
3491level or breath-alcohol level of 0.08 or higher, the department
3492shall disqualify the person from operating a commercial motor
3493vehicle pursuant to subsection (3).
3494     (b)  The disqualification under paragraph (a) shall be
3495pursuant to, and the notice of disqualification shall inform the
3496driver of, the following:
3497     1.a.  The driver refused to submit to a lawful breath,
3498blood, or urine test and he or she is disqualified from
3499operating a commercial motor vehicle for a period of 1 year, for
3500a first refusal, or permanently, if he or she has previously
3501been disqualified as a result of a refusal to submit to such a
3502test; or
3503     b.  The driver violated s. 316.193 by driving with an
3504unlawful blood-alcohol level and he or she is disqualified from
3505operating a commercial motor vehicle for a period of 6 months
3506for a first offense or for a period of 1 year if he or she has
3507previously been disqualified, or his or her driving privilege
3508has been previously suspended, for a violation of s. 316.193.
3509     2.  The disqualification period for operating commercial
3510vehicles shall commence on the date of arrest or issuance of
3511notice of disqualification, whichever is later.
3512     3.  The driver may request a formal or informal review of
3513the disqualification by the department within 10 days after the
3514date of arrest or issuance of notice of disqualification,
3515whichever is later.
3516     4.  The temporary permit issued at the time of arrest or
3517disqualification will expire at midnight of the 10th day
3518following the date of disqualification.
3519     5.  The driver may submit to the department any materials
3520relevant to the arrest.
3521     (2)  Except as provided in paragraph (1)(a), the law
3522enforcement officer shall forward to the department, within 5
3523days after the date of the arrest or the issuance of the notice
3524of disqualification, whichever is later, a copy of the notice of
3525disqualification, the driver's license of the person arrested,
3526and a report of the arrest, including, if applicable, an
3527affidavit stating the officer's grounds for belief that the
3528person arrested was in violation of s. 316.193; the results of
3529any breath or blood test or an affidavit stating that a breath,
3530blood, or urine test was requested by a law enforcement officer
3531or correctional officer and that the person arrested refused to
3532submit; a copy of the citation issued to the person arrested;
3533and the officer's description of the person's field sobriety
3534test, if any. The failure of the officer to submit materials
3535within the 5-day period specified in this subsection or
3536subsection (1) shall not affect the department's ability to
3537consider any evidence submitted at or prior to the hearing. The
3538officer may also submit a copy of a videotape of the field
3539sobriety test or the attempt to administer such test.
3540     (7)  In a formal review hearing under subsection (6) or an
3541informal review hearing under subsection (4), the hearing
3542officer shall determine by a preponderance of the evidence
3543whether sufficient cause exists to sustain, amend, or invalidate
3544the disqualification. The scope of the review shall be limited
3545to the following issues:
3546     (a)  If the person was disqualified from operating a
3547commercial motor vehicle for driving with an unlawful blood-
3548alcohol level in violation of s. 316.193:
3549     1.  Whether the arresting law enforcement officer had
3550probable cause to believe that the person was driving or in
3551actual physical control of a commercial motor vehicle in this
3552state while he or she had any alcohol, chemical substances, or
3553controlled substances in his or her body.
3554     2.  Whether the person was placed under lawful arrest for a
3555violation of s. 316.193.
3556     3.  Whether the person had an unlawful blood-alcohol level
3557as provided in s. 316.193.
3558     (8)  Based on the determination of the hearing officer
3559pursuant to subsection (7) for both informal hearings under
3560subsection (4) and formal hearings under subsection (6), the
3561department shall:
3562     (b)  Sustain the disqualification for a period of 6 months
3563for a violation of s. 316.193 or for a period of 1 year if the
3564person has been previously disqualified from operating a
3565commercial motor vehicle or his or her driving privilege has
3566been previously suspended as a result of a violation of s.
3567316.193. The disqualification period commences on the date of
3568the arrest or issuance of the notice of disqualification,
3569whichever is later.
3570     (14)  The decision of the department under this section
3571shall not be considered in any trial for a violation of s.
3572316.193, s. 322.61, or s. 322.62, nor shall any written
3573statement submitted by a person in his or her request for
3574departmental review under this section be admissible into
3575evidence against him or her in any such trial. The disposition
3576of any related criminal proceedings shall not affect a
3577disqualification imposed pursuant to this section.
3578     (15)  This section does not preclude the suspension of the
3579driving privilege pursuant to s. 322.2615. The driving privilege
3580of a person who has been disqualified from operating a
3581commercial motor vehicle also may be suspended for a violation
3582of s. 316.193.
3583     Section 77.  For the purpose of incorporating the amendment
3584made by this act to section 316.193, Florida Statutes, in a
3585reference thereto, paragraph (f) of subsection (4) of section
3586323.001, Florida Statutes, is reenacted to read:
3587     323.001  Wrecker operator storage facilities; vehicle
3588holds.--
3589     (4)  The requirements for a written hold apply when the
3590following conditions are present:
3591     (f)  The vehicle is impounded or immobilized pursuant to s.
3592316.193 or s. 322.34; or
3593     Section 78.  For the purpose of incorporating the amendment
3594made by this act to section 316.193, Florida Statutes, in
3595references thereto, section 324.023, Florida Statutes, is
3596reenacted to read:
3597     324.023  Financial responsibility for bodily injury or
3598death.--In addition to any other financial responsibility
3599required by law, every owner or operator of a motor vehicle that
3600is required to be registered in this state, or that is located
3601within this state, and who, regardless of adjudication of guilt,
3602has been found guilty of or entered a plea of guilty or nolo
3603contendere to a charge of driving under the influence under s.
3604316.193 after October 1, 2007, shall, by one of the methods
3605established in s. 324.031(1), (2), or (3), establish and
3606maintain the ability to respond in damages for liability on
3607account of accidents arising out of the use of a motor vehicle
3608in the amount of $100,000 because of bodily injury to, or death
3609of, one person in any one crash and, subject to such limits for
3610one person, in the amount of $300,000 because of bodily injury
3611to, or death of, two or more persons in any one crash and in the
3612amount of $50,000 because of property damage in any one crash.
3613If the owner or operator chooses to establish and maintain such
3614ability by posting a bond or furnishing a certificate of deposit
3615pursuant to s. 324.031(2) or (3), such bond or certificate of
3616deposit must be in an amount not less than $350,000. Such higher
3617limits must be carried for a minimum period of 3 years. If the
3618owner or operator has not been convicted of driving under the
3619influence or a felony traffic offense for a period of 3 years
3620from the date of reinstatement of driving privileges for a
3621violation of s. 316.193, the owner or operator shall be exempt
3622from this section.
3623     Section 79.  For the purpose of incorporating the amendment
3624made by this act to section 316.193, Florida Statutes, in a
3625reference thereto, section 324.131, Florida Statutes, is
3626reenacted to read:
3627     324.131  Period of suspension.--Such license, registration
3628and nonresident's operating privilege shall remain so suspended
3629and shall not be renewed, nor shall any such license or
3630registration be thereafter issued in the name of such person,
3631including any such person not previously licensed, unless and
3632until every such judgment is stayed, satisfied in full or to the
3633extent of the limits stated in s. 324.021(7) and until the said
3634person gives proof of financial responsibility as provided in s.
3635324.031, such proof to be maintained for 3 years. In addition,
3636if the person's license or registration has been suspended or
3637revoked due to a violation of s. 316.193 or pursuant to s.
3638322.26(2), that person shall maintain noncancelable liability
3639coverage for each motor vehicle registered in his or her name,
3640as described in s. 627.7275(2), and must present proof that
3641coverage is in force on a form adopted by the Department of
3642Highway Safety and Motor Vehicles, such proof to be maintained
3643for 3 years.
3644     Section 80.  For the purpose of incorporating the amendment
3645made by this act to section 316.193, Florida Statutes, in a
3646reference thereto, subsection (6) of section 327.35, Florida
3647Statutes, is reenacted to read:
3648     327.35  Boating under the influence; penalties; "designated
3649drivers".--
3650     (6)  With respect to any person convicted of a violation of
3651subsection (1), regardless of any other penalty imposed:
3652     (a)  For the first conviction, the court shall place the
3653defendant on probation for a period not to exceed 1 year and, as
3654a condition of such probation, shall order the defendant to
3655participate in public service or a community work project for a
3656minimum of 50 hours. The court must also, as a condition of
3657probation, order the impoundment or immobilization of the vessel
3658that was operated by or in the actual control of the defendant
3659or any one vehicle registered in the defendant's name at the
3660time of impoundment or immobilization, for a period of 10 days
3661or for the unexpired term of any lease or rental agreement that
3662expires within 10 days. The impoundment or immobilization must
3663not occur concurrently with the incarceration of the defendant.
3664The impoundment or immobilization order may be dismissed in
3665accordance with paragraph (e) or paragraph (f). The total period
3666of probation and incarceration may not exceed 1 year.
3667     (b)  For the second conviction for an offense that occurs
3668within a period of 5 years after the date of a prior conviction
3669for violation of this section, the court shall order
3670imprisonment for not less than 10 days. The court must also, as
3671a condition of probation, order the impoundment or
3672immobilization of the vessel that was operated by or in the
3673actual control of the defendant or any one vehicle registered in
3674the defendant's name at the time of impoundment or
3675immobilization, for a period of 30 days or for the unexpired
3676term of any lease or rental agreement that expires within 30
3677days. The impoundment or immobilization must not occur
3678concurrently with the incarceration of the defendant. The
3679impoundment or immobilization order may be dismissed in
3680accordance with paragraph (e) or paragraph (f). At least 48
3681hours of confinement must be consecutive.
3682     (c)  For the third or subsequent conviction for an offense
3683that occurs within a period of 10 years after the date of a
3684prior conviction for violation of this section, the court shall
3685order imprisonment for not less than 30 days. The court must
3686also, as a condition of probation, order the impoundment or
3687immobilization of the vessel that was operated by or in the
3688actual control of the defendant or any one vehicle registered in
3689the defendant's name at the time of impoundment or
3690immobilization, for a period of 90 days or for the unexpired
3691term of any lease or rental agreement that expires within 90
3692days. The impoundment or immobilization must not occur
3693concurrently with the incarceration of the defendant. The
3694impoundment or immobilization order may be dismissed in
3695accordance with paragraph (e) or paragraph (f). At least 48
3696hours of confinement must be consecutive.
3697     (d)  The court must at the time of sentencing the defendant
3698issue an order for the impoundment or immobilization of a
3699vessel. Within 7 business days after the date that the court
3700issues the order of impoundment, and once again 30 business days
3701before the actual impoundment or immobilization of the vessel,
3702the clerk of the court must send notice by certified mail,
3703return receipt requested, to the registered owner of each
3704vessel, if the registered owner is a person other than the
3705defendant, and to each person of record claiming a lien against
3706the vessel.
3707     (e)  A person who owns but was not operating the vessel
3708when the offense occurred may submit to the court a police
3709report indicating that the vessel was stolen at the time of the
3710offense or documentation of having purchased the vessel after
3711the offense was committed from an entity other than the
3712defendant or the defendant's agent. If the court finds that the
3713vessel was stolen or that the sale was not made to circumvent
3714the order and allow the defendant continued access to the
3715vessel, the order must be dismissed and the owner of the vessel
3716will incur no costs. If the court denies the request to dismiss
3717the order of impoundment or immobilization, the petitioner may
3718request an evidentiary hearing.
3719     (f)  A person who owns but was not operating the vessel
3720when the offense occurred, and whose vessel was stolen or who
3721purchased the vessel after the offense was committed directly
3722from the defendant or the defendant's agent, may request an
3723evidentiary hearing to determine whether the impoundment or
3724immobilization should occur. If the court finds that either the
3725vessel was stolen or the purchase was made without knowledge of
3726the offense, that the purchaser had no relationship to the
3727defendant other than through the transaction, and that such
3728purchase would not circumvent the order and allow the defendant
3729continued access to the vessel, the order must be dismissed and
3730the owner of the vessel will incur no costs.
3731     (g)  All costs and fees for the impoundment or
3732immobilization, including the cost of notification, must be paid
3733by the owner of the vessel or, if the vessel is leased or
3734rented, by the person leasing or renting the vessel, unless the
3735impoundment or immobilization order is dismissed.
3736     (h)  The person who owns a vessel that is impounded or
3737immobilized under this paragraph, or a person who has a lien of
3738record against such a vessel and who has not requested a review
3739of the impoundment pursuant to paragraph (e) or paragraph (f),
3740may, within 10 days after the date that person has knowledge of
3741the location of the vessel, file a complaint in the county in
3742which the owner resides to determine whether the vessel was
3743wrongfully taken or withheld from the owner or lienholder. Upon
3744the filing of a complaint, the owner or lienholder may have the
3745vessel released by posting with the court a bond or other
3746adequate security equal to the amount of the costs and fees for
3747impoundment or immobilization, including towing or storage, to
3748ensure the payment of the costs and fees if the owner or
3749lienholder does not prevail. When the bond is posted and the fee
3750is paid as set forth in s. 28.24, the clerk of the court shall
3751issue a certificate releasing the vessel. At the time of
3752release, after reasonable inspection, the owner or lienholder
3753must give a receipt to the towing or storage company indicating
3754any loss or damage to the vessel or to the contents of the
3755vessel.
3756     (i)  A defendant, in the court's discretion, may be
3757required to serve all or any portion of a term of imprisonment
3758to which the defendant has been sentenced pursuant to this
3759section in a residential alcoholism treatment program or a
3760residential drug abuse treatment program. Any time spent in such
3761a program must be credited by the court toward the term of
3762imprisonment.
3763
3764For the purposes of this section, any conviction for a violation
3765of s. 316.193, a previous conviction for the violation of former
3766s. 316.1931, former s. 860.01, or former s. 316.028, or a
3767previous conviction outside this state for driving under the
3768influence, driving while intoxicated, driving with an unlawful
3769blood-alcohol level, driving with an unlawful breath-alcohol
3770level, or any other similar alcohol-related or drug-related
3771traffic offense, is also considered a previous conviction for
3772violation of this section.
3773     Section 81.  For the purpose of incorporating the amendment
3774made by this act to section 316.193, Florida Statutes, in a
3775reference thereto, subsection (1) of section 337.195, Florida
3776Statutes, is reenacted to read:
3777     337.195  Limits on liability.--
3778     (1)  In a civil action for the death of or injury to a
3779person, or for damage to property, against the Department of
3780Transportation or its agents, consultants, or contractors for
3781work performed on a highway, road, street, bridge, or other
3782transportation facility when the death, injury, or damage
3783resulted from a motor vehicle crash within a construction zone
3784in which the driver of one of the vehicles was under the
3785influence of alcoholic beverages as set forth in s. 316.193,
3786under the influence of any chemical substance as set forth in s.
3787877.111, or illegally under the influence of any substance
3788controlled under chapter 893 to the extent that her or his
3789normal faculties were impaired or that she or he operated a
3790vehicle recklessly as defined in s. 316.192, it is presumed that
3791the driver's operation of the vehicle was the sole proximate
3792cause of her or his own death, injury, or damage. This
3793presumption can be overcome if the gross negligence or
3794intentional misconduct of the Department of Transportation, or
3795of its agents, consultants, or contractors, was a proximate
3796cause of the driver's death, injury, or damage.
3797     Section 82.  For the purpose of incorporating the amendment
3798made by this act to section 316.193, Florida Statutes, in a
3799reference thereto, paragraph (c) of subsection (17) of section
3800440.02, Florida Statutes, is reenacted to read:
3801     440.02  Definitions.--When used in this chapter, unless the
3802context clearly requires otherwise, the following terms shall
3803have the following meanings:
3804     (17)
3805     (c)  "Employment" does not include service performed by or
3806as:
3807     1.  Domestic servants in private homes.
3808     2.  Agricultural labor performed on a farm in the employ of
3809a bona fide farmer, or association of farmers, that employs 5 or
3810fewer regular employees and that employs fewer than 12 other
3811employees at one time for seasonal agricultural labor that is
3812completed in less than 30 days, provided such seasonal
3813employment does not exceed 45 days in the same calendar year.
3814The term "farm" includes stock, dairy, poultry, fruit, fur-
3815bearing animals, fish, and truck farms, ranches, nurseries, and
3816orchards. The term "agricultural labor" includes field foremen,
3817timekeepers, checkers, and other farm labor supervisory
3818personnel.
3819     3.  Professional athletes, such as professional boxers,
3820wrestlers, baseball, football, basketball, hockey, polo, tennis,
3821jai alai, and similar players, and motorsports teams competing
3822in a motor racing event as defined in s. 549.08.
3823     4.  Labor under a sentence of a court to perform community
3824services as provided in s. 316.193.
3825     5.  State prisoners or county inmates, except those
3826performing services for private employers or those enumerated in
3827s. 948.036(1).
3828     Section 83.  For the purpose of incorporating the amendment
3829made by this act to section 316.193, Florida Statutes, in a
3830reference thereto, paragraph (b) of subsection (7) of section
3831440.09, Florida Statutes, is reenacted to read:
3832     440.09  Coverage.--
3833     (7)
3834     (b)  If the employee has, at the time of the injury, a
3835blood alcohol level equal to or greater than the level specified
3836in s. 316.193, or if the employee has a positive confirmation of
3837a drug as defined in this act, it is presumed that the injury
3838was occasioned primarily by the intoxication of, or by the
3839influence of the drug upon, the employee. If the employer has
3840implemented a drug-free workplace, this presumption may be
3841rebutted only by evidence that there is no reasonable hypothesis
3842that the intoxication or drug influence contributed to the
3843injury. In the absence of a drug-free workplace program, this
3844presumption may be rebutted by clear and convincing evidence
3845that the intoxication or influence of the drug did not
3846contribute to the injury. Percent by weight of alcohol in the
3847blood must be based upon grams of alcohol per 100 milliliters of
3848blood. If the results are positive, the testing facility must
3849maintain the specimen for a minimum of 90 days. Blood serum may
3850be used for testing purposes under this chapter; however, if
3851this test is used, the presumptions under this section do not
3852arise unless the blood alcohol level is proved to be medically
3853and scientifically equivalent to or greater than the comparable
3854blood alcohol level that would have been obtained if the test
3855were based on percent by weight of alcohol in the blood.
3856However, if, before the accident, the employer had actual
3857knowledge of and expressly acquiesced in the employee's presence
3858at the workplace while under the influence of such alcohol or
3859drug, the presumptions specified in this subsection do not
3860apply.
3861     Section 84.  For the purpose of incorporating the amendment
3862made by this act to section 316.193, Florida Statutes, in a
3863reference thereto, paragraph (d) of subsection (1) of section
3864493.6106, Florida Statutes, is reenacted to read:
3865     493.6106  License requirements; posting.--
3866     (1)  Each individual licensed by the department must:
3867     (d)  Not be a chronic and habitual user of alcoholic
3868beverages to the extent that her or his normal faculties are
3869impaired; not have been committed under chapter 397, former
3870chapter 396, or a similar law in any other state; not have been
3871found to be a habitual offender under s. 856.011(3) or a similar
3872law in any other state; and not have had two or more convictions
3873under s. 316.193 or a similar law in any other state within the
38743-year period immediately preceding the date the application was
3875filed, unless the individual establishes that she or he is not
3876currently impaired and has successfully completed a
3877rehabilitation course.
3878     Section 85.  For the purpose of incorporating the amendment
3879made by this act to section 316.193, Florida Statutes, in a
3880reference thereto, paragraph (a) of subsection (2) of section
3881627.7275, Florida Statutes, is reenacted to read:
3882     627.7275  Motor vehicle liability.--
3883     (2)(a)  Insurers writing motor vehicle insurance in this
3884state shall make available, subject to the insurers' usual
3885underwriting restrictions:
3886     1.  Coverage under policies as described in subsection (1)
3887to any applicant for private passenger motor vehicle insurance
3888coverage who is seeking the coverage in order to reinstate the
3889applicant's driving privileges in this state when the driving
3890privileges were revoked or suspended pursuant to s. 316.646 or
3891s. 324.0221 due to the failure of the applicant to maintain
3892required security.
3893     2.  Coverage under policies as described in subsection (1),
3894which also provides liability coverage for bodily injury, death,
3895and property damage arising out of the ownership, maintenance,
3896or use of the motor vehicle in an amount not less than the
3897limits described in s. 324.021(7) and conforms to the
3898requirements of s. 324.151, to any applicant for private
3899passenger motor vehicle insurance coverage who is seeking the
3900coverage in order to reinstate the applicant's driving
3901privileges in this state after such privileges were revoked or
3902suspended under s. 316.193 or s. 322.26(2) for driving under the
3903influence.
3904     Section 86.  For the purpose of incorporating the amendment
3905made by this act to section 316.193, Florida Statutes, in a
3906reference thereto, subsection (4) of section 627.758, Florida
3907Statutes, is reenacted to read:
3908     627.758  Surety on auto club traffic arrest bond;
3909conditions, limit; bail bond.--
3910     (4)  Notwithstanding the provisions of s. 626.311 or
3911chapter 648, any surety insurer identified in a guaranteed
3912traffic arrest bond certificate or any licensed general lines
3913agent of the surety insurer may execute a bail bond for the
3914automobile club or association member identified in the
3915guaranteed traffic arrest bond certificate in an amount not in
3916excess of $5,000 for any violation of chapter 316 or any similar
3917traffic law or ordinance except for driving under the influence
3918of alcoholic beverages, chemical substances, or controlled
3919substances, as prohibited by s. 316.193.
3920     Section 87.  For the purpose of incorporating the amendment
3921made by this act to section 316.193, Florida Statutes, in
3922references thereto, paragraph (f) of subsection (2) and
3923paragraph (f) of subsection (10) of section 790.06, Florida
3924Statutes, are reenacted to read:
3925     790.06  License to carry concealed weapon or firearm.--
3926     (2)  The Department of Agriculture and Consumer Services
3927shall issue a license if the applicant:
3928     (f)  Does not chronically and habitually use alcoholic
3929beverages or other substances to the extent that his or her
3930normal faculties are impaired. It shall be presumed that an
3931applicant chronically and habitually uses alcoholic beverages or
3932other substances to the extent that his or her normal faculties
3933are impaired if the applicant has been committed under chapter
3934397 or under the provisions of former chapter 396 or has been
3935convicted under s. 790.151 or has been deemed a habitual
3936offender under s. 856.011(3), or has had two or more convictions
3937under s. 316.193 or similar laws of any other state, within the
39383-year period immediately preceding the date on which the
3939application is submitted;
3940     (10)  A license issued under this section shall be
3941suspended or revoked pursuant to chapter 120 if the licensee:
3942     (f)  Is convicted of a second violation of s. 316.193, or a
3943similar law of another state, within 3 years of a previous
3944conviction of such section, or similar law of another state,
3945even though the first violation may have occurred prior to the
3946date on which the application was submitted;
3947     Section 88.  For the purpose of incorporating the amendment
3948made by this act to section 316.193, Florida Statutes, in a
3949reference thereto, subsection (2) of section 903.36, Florida
3950Statutes, is reenacted to read:
3951     903.36  Guaranteed arrest bond certificates as cash bail.--
3952     (2)  The execution of a bail bond by a licensed general
3953lines agent of a surety insurer for the automobile club or
3954association member identified in the guaranteed traffic arrest
3955bond certificate, as provided in s. 627.758(4), shall be
3956accepted as bail in an amount not to exceed $5,000 for the
3957appearance of the person named in the certificate in any court
3958to answer for the violation of a provision of chapter 316 or a
3959similar traffic law or ordinance, except driving under the
3960influence of alcoholic beverages, chemical substances, or
3961controlled substances, as prohibited by s. 316.193. Presentation
3962of the guaranteed traffic arrest bond certificate and a power of
3963attorney from the surety insurer for its licensed general lines
3964agents is authorization for such agent to execute the bail bond.
3965     Section 89.  For the purpose of incorporating the amendment
3966made by this act to section 316.193, Florida Statutes, in
3967references thereto, paragraph (c) of subsection (4) of section
3968907.041, Florida Statutes, is reenacted to read:
3969     907.041  Pretrial detention and release.--
3970     (4)  PRETRIAL DETENTION.--
3971     (c)  The court may order pretrial detention if it finds a
3972substantial probability, based on a defendant's past and present
3973patterns of behavior, the criteria in s. 903.046, and any other
3974relevant facts, that any of the following circumstances exists:
3975     1.  The defendant has previously violated conditions of
3976release and that no further conditions of release are reasonably
3977likely to assure the defendant's appearance at subsequent
3978proceedings;
3979     2.  The defendant, with the intent to obstruct the judicial
3980process, has threatened, intimidated, or injured any victim,
3981potential witness, juror, or judicial officer, or has attempted
3982or conspired to do so, and that no condition of release will
3983reasonably prevent the obstruction of the judicial process;
3984     3.  The defendant is charged with trafficking in controlled
3985substances as defined by s. 893.135, that there is a substantial
3986probability that the defendant has committed the offense, and
3987that no conditions of release will reasonably assure the
3988defendant's appearance at subsequent criminal proceedings; or
3989     4.  The defendant is charged with DUI manslaughter, as
3990defined by s. 316.193, and that there is a substantial
3991probability that the defendant committed the crime and that the
3992defendant poses a threat of harm to the community; conditions
3993that would support a finding by the court pursuant to this
3994subparagraph that the defendant poses a threat of harm to the
3995community include, but are not limited to, any of the following:
3996     a.  The defendant has previously been convicted of any
3997crime under s. 316.193, or of any crime in any other state or
3998territory of the United States that is substantially similar to
3999any crime under s. 316.193;
4000     b.  The defendant was driving with a suspended driver's
4001license when the charged crime was committed; or
4002     c.  The defendant has previously been found guilty of, or
4003has had adjudication of guilt withheld for, driving while the
4004defendant's driver's license was suspended or revoked in
4005violation of s. 322.34;
4006     5.  The defendant poses the threat of harm to the
4007community. The court may so conclude, if it finds that the
4008defendant is presently charged with a dangerous crime, that
4009there is a substantial probability that the defendant committed
4010such crime, that the factual circumstances of the crime indicate
4011a disregard for the safety of the community, and that there are
4012no conditions of release reasonably sufficient to protect the
4013community from the risk of physical harm to persons.
4014     6.  The defendant was on probation, parole, or other
4015release pending completion of sentence or on pretrial release
4016for a dangerous crime at the time the current offense was
4017committed; or
4018     7.  The defendant has violated one or more conditions of
4019pretrial release or bond for the offense currently before the
4020court and the violation, in the discretion of the court,
4021supports a finding that no conditions of release can reasonably
4022protect the community from risk of physical harm to persons or
4023assure the presence of the accused at trial.
4024     Section 90.  Motor fuel tax relief.--
4025     (1)  This section may be cited as the "Florida Motor Fuel
4026Tax Relief Act of 2008."
4027     (2)  Beginning at 12:01 a.m. July 1, 2008, and ending at
4028midnight July 7, 2008, the tax levied under s. 206.41(1)(g),
4029Florida Statutes, shall be reduced by 10 cents per gallon.
4030During this period, licensed terminal suppliers, wholesalers,
4031and importers of motor fuel shall charge and collect the reduced
4032rate of tax on sales of motor fuel to retail dealers located in
4033this state.
4034     (3)  It is the intent of the Legislature that the tax
4035reduction set forth in this section be passed on to the ultimate
4036consumer. The Attorney General may investigate violations of
4037this section .
4038     (4)  Refunds authorized under s. 206.41(4), Florida
4039Statutes, for fuel purchased during the period described in
4040subsection (2) shall be reduced by the amount of the tax
4041reduction set forth in that subsection.
4042     (5)  The executive director of the Department of Revenue is
4043authorized to adopt emergency rules under ss. 120.536(1) and
4044120.54(4), Florida Statutes, to implement this section.
4045Notwithstanding any other law, the emergency rules shall remain
4046effective for 6 months after the date of adoption of the rules.
4047     (6)  A terminal supplier, wholesaler, importer, reseller,
4048or retail dealer of motor fuel may not retain any part of the
4049tax reduction set forth in this section or interfere with
4050providing the full benefit of the tax reduction to the retail
4051purchaser of motor fuel. A person who violates subsections (2)
4052through (5) commits a felony of the third degree, punishable as
4053provided in s. 775.082 or s. 775.083, Florida Statutes.
4054     Section 91.  Paragraph (a) of subsection (1) of section
405516.56, Florida Statutes, is amended to read:
4056     16.56  Office of Statewide Prosecution.--
4057     (1)  There is created in the Department of Legal Affairs an
4058Office of Statewide Prosecution. The office shall be a separate
4059"budget entity" as that term is defined in chapter 216. The
4060office may:
4061     (a)  Investigate and prosecute the offenses of:
4062     1.  Bribery, burglary, criminal usury, extortion, gambling,
4063kidnapping, larceny, murder, prostitution, perjury, robbery,
4064carjacking, and home-invasion robbery;
4065     2.  Any crime involving narcotic or other dangerous drugs;
4066     3.  Any violation of the provisions of the Florida RICO
4067(Racketeer Influenced and Corrupt Organization) Act, including
4068any offense listed in the definition of racketeering activity in
4069s. 895.02(1)(a), providing such listed offense is investigated
4070in connection with a violation of s. 895.03 and is charged in a
4071separate count of an information or indictment containing a
4072count charging a violation of s. 895.03, the prosecution of
4073which listed offense may continue independently if the
4074prosecution of the violation of s. 895.03 is terminated for any
4075reason;
4076     4.  Any violation of the provisions of the Florida Anti-
4077Fencing Act;
4078     5.  Any violation of the provisions of the Florida
4079Antitrust Act of 1980, as amended;
4080     6.  Any crime involving, or resulting in, fraud or deceit
4081upon any person;
4082     7.  Any violation of s. 847.0135, relating to computer
4083pornography and child exploitation prevention, or any offense
4084related to a violation of s. 847.0135 or any violation of
4085chapter 827 where the crime is facilitated by or connected to
4086the use of the Internet or any device capable of electronic data
4087storage or transmission;
4088     8.  Any violation of the provisions of chapter 815;
4089     9.  Any criminal violation of part I of chapter 499;
4090     10.  Any violation of the provisions of the Florida Motor
4091Fuel Tax Relief Act of 2004 or the Florida Motor Fuel Tax Relief
4092Act of 2008;
4093     11.  Any criminal violation of s. 409.920 or s. 409.9201;
4094or
4095     12.  Any crime involving voter registration, voting, or
4096candidate or issue petition activities;
4097
4098or any attempt, solicitation, or conspiracy to commit any of the
4099crimes specifically enumerated above. The office shall have such
4100power only when any such offense is occurring, or has occurred,
4101in two or more judicial circuits as part of a related
4102transaction, or when any such offense is connected with an
4103organized criminal conspiracy affecting two or more judicial
4104circuits.
4105     Section 92.  Subsection (1) of section 206.026, Florida
4106Statutes, is amended to read:
4107     206.026  Certain persons prohibited from holding a terminal
4108supplier, importer, exporter, blender, carrier, terminal
4109operator, or wholesaler license; suspension and revocation.--
4110     (1)  No corporation, except a publicly held corporation
4111regularly traded on a national securities exchange and not over
4112the counter, general or limited partnership, sole
4113proprietorship, business trust, joint venture or unincorporated
4114association, or other business entity shall hold a terminal
4115supplier, importer, exporter, blender, carrier, terminal
4116operator, or wholesaler license in this state if any one of the
4117persons or entities specified in paragraph (a) has been
4118determined by the department not to be of good moral character
4119or has been convicted of any offense specified in paragraph (b):
4120     (a)1.  The licenseholder.
4121     2.  The sole proprietor of the licenseholder.
4122     3.  A corporate officer or director of the licenseholder.
4123     4.  A general or limited partner of the licenseholder.
4124     5.  A trustee of the licenseholder.
4125     6.  A member of an unincorporated association
4126licenseholder.
4127     7.  A joint venturer of the licenseholder.
4128     8.  The owner of any equity interest in the licenseholder,
4129whether as a common shareholder, general or limited partner,
4130voting trustee, or trust beneficiary.
4131     9.  An owner of any interest in the license or
4132licenseholder, including any immediate family member of the
4133owner, or holder of any debt, mortgage, contract, or concession
4134from the licenseholder, who by virtue thereof is able to control
4135the business of the licenseholder.
4136     (b)1.  A felony in this state.
4137     2.  Any felony in any other state which would be a felony
4138if committed in this state under the laws of Florida.
4139     3.  Any felony under the laws of the United States.
4140     4.  A felony under the Florida Motor Fuel Tax Relief Act of
41412004 or a felony under the Florida Motor Fuel Tax Relief Act of
41422008.
4143     Section 93.  Subsection (3) of section 206.404, Florida
4144Statutes, is amended to read:
4145     206.404  License requirements for retail dealers and
4146resellers; penalty.--
4147     (3)  Any retail dealer or reseller in violation of the
4148provisions of this chapter, or the provisions of the Florida
4149Motor Fuel Tax Relief Act of 2004, or the Florida Motor Fuel Tax
4150Relief Act of 2008 shall be subject to revocation of his or her
4151license under chapter 212.
4152     Section 94.  To achieve the intent of the Legislature set
4153forth in the Florida Motor Fuel Tax Relief Act of 2008 as
4154created by this act, a retail dealer of motor fuel, at the
4155dealer's option, may manage its motor fuel inventory in such a
4156way that the benefit to residents of this state of the tax
4157reduction is maximized during the affected time period. A retail
4158dealer of motor fuel may sell motor fuel purchased without the
4159tax reduction at an amount determined as if the tax reduction
4160applied and may sell motor fuel purchased with the tax reduction
4161at an amount determined as if the tax reduction did not apply if
4162the retail dealer can show that the number of gallons purchased
4163with the reduced tax equals the number of gallons sold at a
4164price reflecting the reduced tax.
4165     Section 95.  Except as otherwise expressly provided in this
4166act, this act shall take effect upon becoming a law.
4167
4168
4169
-----------------------------------------------------
4170
T I T L E  A M E N D M E N T
4171     Remove the entire title and insert:
4172
A bill to be entitled
4173An act relating to the Department of Transportation;
4174amending s. 20.23, F.S.; providing for the salary and
4175benefits of the executive director of the Florida
4176Transportation Commission to be set in accordance with the
4177Senior Management Service; amending s. 125.42, F.S.;
4178providing for counties to incur certain costs related to
4179relocation or removal of certain utility facilities under
4180specified circumstances; amending s. 163.3177, F.S.;
4181revising requirements for comprehensive plans; providing a
4182timeframe for submission of certain information to the
4183state land planning agency; providing for airports, land
4184adjacent to airports, and certain interlocal agreements
4185relating thereto in certain elements of the plan; amending
4186s. 163.3178, F.S.; providing that certain port-related
4187facilities are not developments of regional impact under
4188certain circumstances; amending s. 163.3182, F.S.,
4189relating to transportation concurrency backlog
4190authorities; providing legislative findings and
4191declarations; expanding the power of authorities to borrow
4192money to include issuing certain debt obligations;
4193providing a maximum maturity date for certain debt
4194incurred to finance or refinance certain transportation
4195concurrency backlog projects; authorizing authorities to
4196continue operations and administer certain trust funds for
4197the period of the remaining outstanding debt; requiring
4198local transportation concurrency backlog trust funds to
4199continue to be funded for certain purposes; providing for
4200increased ad valorem tax increment funding for such trust
4201funds under certain circumstances; revising provisions for
4202dissolution of an authority; amending s. 287.055, F.S.;
4203conforming a cross-reference; amending s. 316.0741, F.S.;
4204redefining the term "hybrid vehicle"; authorizing the
4205driving of a hybrid, low-emission, or energy-efficient
4206vehicle in a high-occupancy-vehicle lane regardless of
4207occupancy; requiring certain vehicles to comply with
4208specified federal standards to be driven in an HOV lane
4209regardless of occupancy; revising provisions for issuance
4210of a decal and certificate; providing for the Department
4211of Highway Safety and Motor Vehicles to limit or
4212discontinue issuance of decals for the use of HOV
4213facilities by hybrid and low-emission and energy-efficient
4214vehicles under certain circumstances; directing the
4215department to review a specified federal rule and make a
4216report to the Legislature; exempting certain vehicles from
4217the payment of certain tolls; amending s. 316.193, F.S.;
4218revising the prohibition against driving under the
4219influence of alcohol; revising the blood-alcohol or
4220breath-alcohol level at which certain penalties apply;
4221revising requirement for placement of an ignition
4222interlock device; amending s. 316.302, F.S.; revising
4223references to rules, regulations, and criteria governing
4224commercial motor vehicles engaged in intrastate commerce;
4225providing that the department performs duties assigned to
4226the Field Administrator of the Federal Motor Carrier
4227Safety Administration under the federal rules and may
4228enforce those rules; amending ss. 316.613 and 316.614,
4229F.S.; revising the definition of "motor vehicle" for
4230purposes of child restraint and safety belt usage
4231requirements; amending s. 316.656, F.S.; revising the
4232prohibition against a judge accepting a plea to a lesser
4233offense from a person charged under certain DUI
4234provisions; revising the blood-alcohol or breath-alcohol
4235level at which the prohibition applies; amending s.
4236322.64, F.S.; providing that refusal to submit to a
4237breath, urine, or blood test disqualifies a person from
4238operating a commercial motor vehicle; providing a period
4239of disqualification if a person has an unlawful blood-
4240alcohol or breath-alcohol level; providing for issuance of
4241a notice of disqualification; revising the requirements
4242for a formal review hearing following a person's
4243disqualification from operating a commercial motor
4244vehicle; providing that a county, municipality, or special
4245district may not own or operate an asphalt plant or a
4246portable or stationary concrete batch plant having an
4247independent mixer; provides exemptions; amending s.
4248337.0261, F.S.; revising the sunset date for the Strategic
4249Aggregate Review Task Force; amending s. 337.11, F.S.;
4250establishing a goal for the procurement of design-build
4251contracts; amending ss. 337.14 and 337.16, F.S.;
4252conforming cross-references; amending s. 337.18, F.S.;
4253requiring the contractor to maintain a copy of the
4254required payment and performance bond at certain locations
4255and provide a copy upon request; providing that a copy may
4256be obtained directly from the department; removing a
4257provision requiring a copy be recorded in the public
4258records of the county; amending s. 337.185, F.S.;
4259providing for the State Arbitration Board to arbitrate
4260certain claims relating to maintenance contracts;
4261providing for a member of the board to be elected by
4262maintenance companies as well as construction companies;
4263amending s. 337.403, F.S.; providing for the department or
4264local governmental entity to pay certain costs of removal
4265or relocation of a utility facility that is found to be
4266interfering with the use, maintenance, improvement,
4267extension, or expansion of a public road or publicly owned
4268rail corridor under described circumstances; amending s.
4269337.408, F.S.; providing for public pay telephones and
4270advertising thereon to be installed within the right-of-
4271way limits of any municipal, county, or state road;
4272amending s. 338.01, F.S.; requiring new and replacement
4273electronic toll collection systems to be interoperable
4274with the department's system; amending s. 338.165, F.S.;
4275providing that provisions requiring the continuation of
4276tolls following the discharge of bond indebtedness does
4277not apply to high-occupancy toll lanes or express lanes;
4278creating s. 338.166, F.S.; authorizing the department to
4279request that bonds be issued which are secured by toll
4280revenues from high-occupancy toll or express lanes in a
4281specified location; providing for the department to
4282continue to collect tolls after discharge of indebtedness;
4283authorizing the use of excess toll revenues for
4284improvements to the State Highway System; authorizing the
4285implementation of variable rate tolls on high-occupancy
4286toll lanes or express lanes; amending s. 338.2216, F.S.;
4287directing the Florida Turnpike Enterprise to implement new
4288technologies and processes in its operations and
4289collection of tolls and other amounts; providing contract
4290bid requirements for fuel and food on the turnpike system;
4291amending s. 338.223, F.S.; conforming a cross-reference;
4292amending s. 338.231, F.S.; revising provisions for
4293establishing and collecting tolls; authorizing collection
4294of amounts to cover costs of toll collection and payment
4295methods; requiring public notice and hearing; amending s.
4296339.12, F.S.; revising requirements for aid and
4297contributions by governmental entities for transportation
4298projects; revising limits under which the department may
4299enter into an agreement with a county for a project or
4300project phase not in the adopted work program; authorizing
4301the department to enter into certain long-term repayment
4302agreements; amending s. 339.135, F.S.; revising certain
4303notice provisions that require the Department of
4304Transportation to notify local governments regarding
4305amendments to an adopted 5-year work program; amending s.
4306339.155, F.S.; revising provisions for development of the
4307Florida Transportation Plan; amending s. 339.2816, F.S.,
4308relating to the small county road assistance program;
4309providing for resumption of certain funding for the
4310program; revising the criteria for counties eligible to
4311participate in the program; amending ss. 339.2819 and
4312339.285, F.S.; conforming cross-references; amending s.
4313341.301, F.S.; providing definitions relating to commuter
4314rail service, rail corridors, and railroad operation for
4315purposes of the rail program within the department;
4316amending s. 341.302, F.S.; authorizing the department to
4317purchase specified property for the purpose of
4318implementing commuter rail service; authorizing the
4319department to assume certain liability on a rail corridor;
4320authorizing the department to indemnify and hold harmless
4321a railroad company when the department acquires a rail
4322corridor from the company; providing allocation of risk;
4323providing a specific cap on the amount of the contractual
4324duty for such indemnification; authorizing the department
4325to purchase and provide insurance in relation to rail
4326corridors; authorizing marketing and promotional expenses;
4327extending provisions to other governmental entities
4328providing commuter rail service on public right-of-way;
4329creating s. 341.3023, F.S.; requiring the department to
4330review and study commuter rail programs and intercity rail
4331transportation systems; requiring a report to the Governor
4332and the Legislature; repealing part III of ch. 343 F.S.;
4333abolishing the Tampa Bay Commuter Transit Authority;
4334amending s. 348.0003, F.S.; providing for financial
4335disclosure for expressway, transportation, bridge, and
4336toll authorities; amending s. 348.0004, F.S.; providing
4337for certain expressway authorities to index toll rate
4338increases; amending s. 479.01, F.S.; revising provisions
4339for outdoor advertising; revising the definition of the
4340term "automatic changeable facing"; amending s. 479.07,
4341F.S.; revising a prohibition against signs on the State
4342Highway System; revising requirements for display of the
4343sign permit tag; directing the department to establish by
4344rule a fee for furnishing a replacement permit tag;
4345revising the pilot project for permitted signs to include
4346Hillsborough County and areas within the boundaries of the
4347City of Miami; amending s. 479.08, F.S.; revising
4348provisions for denial or revocation of a sign permit;
4349amending s. 479.156, F.S.; revising provisions for a
4350municipality or county to permit and regulate wall murals;
4351amending s. 479.261, F.S.; revising requirements for the
4352logo sign program of the interstate highway system;
4353deleting provisions providing for permits to be awarded to
4354the highest bidders; requiring the department to implement
4355a rotation-based logo program; requiring the department to
4356adopt rules that set reasonable rates based on certain
4357factors for annual permit fees; requiring that such fees
4358not exceed a certain amount for sign locations inside and
4359outside an urban area; amending s. 212.0606, F.S.;
4360providing for the imposition by countywide referendum of
4361an additional surcharge on the lease or rental of a motor
4362vehicle; providing the proceeds of the surcharge to be
4363transferred to the Local Option Fuel Tax Trust Fund and
4364used for the construction and maintenance of commuter rail
4365service facilities; creating a business partnership pilot
4366program; authorizing the Palm Beach County School District
4367to display names of business partners on district property
4368in unincorporated areas; exempting the program from
4369specified provisions; amending s. 768.28, F.S.; expanding
4370the list of entities considered agents of the state;
4371providing for construction in relation to certain federal
4372laws; requiring the department to ensure certain providers
4373of railroad related services meet certain requirements;
4374requiring the department to conduct a study of
4375transportation alternatives for the Interstate 95
4376corridor; requiring a report to the Governor and the
4377Legislature; reenacting ss. 316.066(3)(a), 316.072(4)(b),
4378316.1932(3), 316.1933(4), 316.1937(1) and (2)(d),
4379316.1939(1)(b), 316.656(1), 318.143(4) and (5), 318.17(3),
4380320.055(1)(c), 322.03(2), 322.0602(2)(a), 322.21(8),
4381322.25(5), 322.26(1)(a), 322.2615(14)(a) and (16),
4382322.2616(15) and (19), 322.264(1)(b), 322.271(2)(a), (c)
4383and (4), 322.2715(2), (3)(a), (c), and (4), 322.28(2),
4384322.282(2)(a), 322.291(1)(a), 322.34(9)(a), 322.62(3),
4385322.63(2)(d) and (6), 322.64(1), (2), (7)(a), (8)(b),
4386(14), and (15), 323.001(4)(f), 324.023, 324.131,
4387327.35(6), 337.195(1), 440.02(17)(c), 440.09(7)(b),
4388493.6106(1)(d), 627.7275(2)(a), 627.758(4), 790.06(2)(f)
4389and (10)(f), 903.36(2), and 907.041(4)(c), F.S., relating
4390to written reports of crashes, obedience to and effect of
4391traffic laws, tests for alcohol, chemical substances, or
4392controlled substances, implied consent, refusal, blood
4393test for impairment or intoxication in cases of death or
4394serious bodily injury, right to use reasonable force,
4395ignition interlock devices, requiring, unlawful acts,
4396refusal to submit to testing, penalties, mandatory
4397adjudication, prohibition against accepting plea to lesser
4398included offense, sanctions for infractions by minors,
4399offenses excepted, registration periods, renewal periods,
4400drivers must be licensed, penalties, youthful drunk driver
4401visitation program, license fees, procedure for handling
4402and collecting fees, when court to forward license to
4403department and report convictions, temporary reinstatement
4404of driving privileges, mandatory revocation of license by
4405department, suspension of license, right to review,
4406suspension of license, persons under 21 years of age,
4407right to review, "habitual traffic offender" defined,
4408authority to modify revocation, cancellation, or
4409suspension order, ignition interlock device, period of
4410suspension or revocation, procedure when court revokes or
4411suspends license or driving privilege and orders
4412reinstatement, driver improvement schools or dui programs,
4413required in certain suspension and revocation cases,
4414driving while license suspended, revoked, canceled, or
4415disqualified, driving under the influence, commercial
4416motor vehicle operators, alcohol or drug testing,
4417commercial motor vehicle operators, holder of commercial
4418driver's license, driving with unlawful blood-alcohol
4419level, refusal to submit to breath, urine, or blood test,
4420wrecker operator storage facilities, vehicle holds,
4421financial responsibility for bodily injury or death,
4422period of suspension, boating under the influence,
4423penalties, "designated drivers," limits on liability,
4424definitions, coverage, license requirements, posting,
4425motor vehicle liability, surety on auto club traffic
4426arrest bond, conditions, limit, bail bond, license to
4427carry concealed weapon or firearm, guaranteed arrest bond
4428certificates as cash bail, and pretrial detention and
4429release, to incorporate references in changes made by the
4430act; providing a short title; providing for a reduction in
4431the motor fuel tax for 2 weeks; providing dealer
4432requirements; providing legislative intent; providing for
4433a reduction in certain refunds for the same period;
4434authorizing the executive director of the Department of
4435Revenue to adopt emergency rules for certain purposes;
4436making unlawful certain activities of certain entities
4437relating to the tax reduction; providing criminal
4438penalties; amending s. 16.56, F.S.; including offenses
4439specified in this act under the investigation and
4440prosecution authority of the Office of Statewide
4441Prosecution; amending s. 206.026, F.S.; including offenses
4442specified in this act under provisions prohibiting certain
4443persons from holding certain licenses for certain
4444violations; amending s. 206.404, F.S.; providing for
4445revocation of certain licenses for violations of this act;
4446authorizing motor fuel dealers to manage motor fuel
4447inventory to maximize tax-reduction benefits; providing
4448criteria; providing effective dates.An act relating to the
4449Department of Transportation; amending s. 20.23, F.S.;
4450providing for the salary and benefits of the executive
4451director of the Florida Transportation Commission to be
4452set in accordance with the Senior Management Service;
4453amending s. 125.42, F.S.; providing for counties to incur
4454certain costs related to relocation or removal of certain
4455utility facilities under specified circumstances; amending
4456s. 163.3177, F.S.; revising requirements for comprehensive
4457plans; providing a timeframe for submission of certain
4458information to the state land planning agency; providing
4459for airports, land adjacent to airports, and certain
4460interlocal agreements relating thereto in certain elements
4461of the plan; amending s. 163.3178, F.S.; providing that
4462certain port-related facilities are not developments of
4463regional impact under certain circumstances; amending s.
4464163.3182, F.S., relating to transportation concurrency
4465backlog authorities; providing legislative findings and
4466declarations; expanding the power of authorities to borrow
4467money to include issuing certain debt obligations;
4468providing a maximum maturity date for certain debt
4469incurred to finance or refinance certain transportation
4470concurrency backlog projects; authorizing authorities to
4471continue operations and administer certain trust funds for
4472the period of the remaining outstanding debt; requiring
4473local transportation concurrency backlog trust funds to
4474continue to be funded for certain purposes; providing for
4475increased ad valorem tax increment funding for such trust
4476funds under certain circumstances; revising provisions for
4477dissolution of an authority; amending s. 287.055, F.S.;
4478conforming a cross-reference; amending s. 316.0741, F.S.;
4479redefining the term "hybrid vehicle"; authorizing the
4480driving of a hybrid, low-emission, or energy-efficient
4481vehicle in a high-occupancy-vehicle lane regardless of
4482occupancy; requiring certain vehicles to comply with
4483specified federal standards to be driven in an HOV lane
4484regardless of occupancy; revising provisions for issuance
4485of a decal and certificate; providing for the Department
4486of Highway Safety and Motor Vehicles to limit or
4487discontinue issuance of decals for the use of HOV
4488facilities by hybrid and low-emission and energy-efficient
4489vehicles under certain circumstances; directing the
4490department to review a specified federal rule and make a
4491report to the Legislature; exempting certain vehicles from
4492the payment of certain tolls; amending s. 316.193, F.S.;
4493revising the prohibition against driving under the
4494influence of alcohol; revising the blood-alcohol or
4495breath-alcohol level at which certain penalties apply;
4496revising requirement for placement of an ignition
4497interlock device; amending s. 316.302, F.S.; revising
4498references to rules, regulations, and criteria governing
4499commercial motor vehicles engaged in intrastate commerce;
4500providing that the department performs duties assigned to
4501the Field Administrator of the Federal Motor Carrier
4502Safety Administration under the federal rules and may
4503enforce those rules; amending ss. 316.613 and 316.614,
4504F.S.; revising the definition of "motor vehicle" for
4505purposes of child restraint and safety belt usage
4506requirements; amending s. 316.656, F.S.; revising the
4507prohibition against a judge accepting a plea to a lesser
4508offense from a person charged under certain DUI
4509provisions; revising the blood-alcohol or breath-alcohol
4510level at which the prohibition applies; amending s.
4511322.64, F.S.; providing that refusal to submit to a
4512breath, urine, or blood test disqualifies a person from
4513operating a commercial motor vehicle; providing a period
4514of disqualification if a person has an unlawful blood-
4515alcohol or breath-alcohol level; providing for issuance of
4516a notice of disqualification; revising the requirements
4517for a formal review hearing following a person's
4518disqualification from operating a commercial motor
4519vehicle; providing that a county, municipality, or special
4520district may not own or operate an asphalt plant or a
4521portable or stationary concrete batch plant having an
4522independent mixer; provides exemptions; amending s.
4523337.0261, F.S.; revising the sunset date for the Strategic
4524Aggregate Review Task Force; amending s. 337.11, F.S.;
4525establishing a goal for the procurement of design-build
4526contracts; amending ss. 337.14 and 337.16, F.S.;
4527conforming cross-references; amending s. 337.18, F.S.;
4528requiring the contractor to maintain a copy of the
4529required payment and performance bond at certain locations
4530and provide a copy upon request; providing that a copy may
4531be obtained directly from the department; removing a
4532provision requiring a copy be recorded in the public
4533records of the county; amending s. 337.185, F.S.;
4534providing for the State Arbitration Board to arbitrate
4535certain claims relating to maintenance contracts;
4536providing for a member of the board to be elected by
4537maintenance companies as well as construction companies;
4538amending s. 337.403, F.S.; providing for the department or
4539local governmental entity to pay certain costs of removal
4540or relocation of a utility facility that is found to be
4541interfering with the use, maintenance, improvement,
4542extension, or expansion of a public road or publicly owned
4543rail corridor under described circumstances; amending s.
4544337.408, F.S.; providing for public pay telephones and
4545advertising thereon to be installed within the right-of-
4546way limits of any municipal, county, or state road;
4547amending s. 338.01, F.S.; requiring new and replacement
4548electronic toll collection systems to be interoperable
4549with the department's system; amending s. 338.165, F.S.;
4550providing that provisions requiring the continuation of
4551tolls following the discharge of bond indebtedness does
4552not apply to high-occupancy toll lanes or express lanes;
4553creating s. 338.166, F.S.; authorizing the department to
4554request that bonds be issued which are secured by toll
4555revenues from high-occupancy toll or express lanes in a
4556specified location; providing for the department to
4557continue to collect tolls after discharge of indebtedness;
4558authorizing the use of excess toll revenues for
4559improvements to the State Highway System; authorizing the
4560implementation of variable rate tolls on high-occupancy
4561toll lanes or express lanes; amending s. 338.2216, F.S.;
4562directing the Florida Turnpike Enterprise to implement new
4563technologies and processes in its operations and
4564collection of tolls and other amounts; providing contract
4565bid requirements for fuel and food on the turnpike system;
4566amending s. 338.223, F.S.; conforming a cross-reference;
4567amending s. 338.231, F.S.; revising provisions for
4568establishing and collecting tolls; authorizing collection
4569of amounts to cover costs of toll collection and payment
4570methods; requiring public notice and hearing; amending s.
4571339.12, F.S.; revising requirements for aid and
4572contributions by governmental entities for transportation
4573projects; revising limits under which the department may
4574enter into an agreement with a county for a project or
4575project phase not in the adopted work program; authorizing
4576the department to enter into certain long-term repayment
4577agreements; amending s. 339.135, F.S.; revising certain
4578notice provisions that require the Department of
4579Transportation to notify local governments regarding
4580amendments to an adopted 5-year work program; amending s.
4581339.155, F.S.; revising provisions for development of the
4582Florida Transportation Plan; amending s. 339.2816, F.S.,
4583relating to the small county road assistance program;
4584providing for resumption of certain funding for the
4585program; revising the criteria for counties eligible to
4586participate in the program; amending ss. 339.2819 and
4587339.285, F.S.; conforming cross-references; amending s.
4588341.301, F.S.; providing definitions relating to commuter
4589rail service, rail corridors, and railroad operation for
4590purposes of the rail program within the department;
4591amending s. 341.302, F.S.; authorizing the department to
4592purchase specified property for the purpose of
4593implementing commuter rail service; authorizing the
4594department to assume certain liability on a rail corridor;
4595authorizing the department to indemnify and hold harmless
4596a railroad company when the department acquires a rail
4597corridor from the company; providing allocation of risk;
4598providing a specific cap on the amount of the contractual
4599duty for such indemnification; authorizing the department
4600to purchase and provide insurance in relation to rail
4601corridors; authorizing marketing and promotional expenses;
4602extending provisions to other governmental entities
4603providing commuter rail service on public right-of-way;
4604creating s. 341.3023, F.S.; requiring the department to
4605review and study commuter rail programs and intercity rail
4606transportation systems; requiring a report to the Governor
4607and the Legislature; repealing part III of ch. 343 F.S.;
4608abolishing the Tampa Bay Commuter Transit Authority;
4609amending s. 348.0003, F.S.; providing for financial
4610disclosure for expressway, transportation, bridge, and
4611toll authorities; amending s. 348.0004, F.S.; providing
4612for certain expressway authorities to index toll rate
4613increases; amending s. 479.01, F.S.; revising provisions
4614for outdoor advertising; revising the definition of the
4615term "automatic changeable facing"; amending s. 479.07,
4616F.S.; revising a prohibition against signs on the State
4617Highway System; revising requirements for display of the
4618sign permit tag; directing the department to establish by
4619rule a fee for furnishing a replacement permit tag;
4620revising the pilot project for permitted signs to include
4621Hillsborough County and areas within the boundaries of the
4622City of Miami; amending s. 479.08, F.S.; revising
4623provisions for denial or revocation of a sign permit;
4624amending s. 479.261, F.S.; revising requirements for the
4625logo sign program of the interstate highway system;
4626deleting provisions providing for permits to be awarded to
4627the highest bidders; requiring the department to implement
4628a rotation-based logo program; requiring the department to
4629adopt rules that set reasonable rates based on certain
4630factors for annual permit fees; requiring that such fees
4631not exceed a certain amount for sign locations inside and
4632outside an urban area; amending s. 212.0606, F.S.;
4633providing for the imposition by countywide referendum of
4634an additional surcharge on the lease or rental of a motor
4635vehicle; providing the proceeds of the surcharge to be
4636transferred to the Local Option Fuel Tax Trust Fund and
4637used for the construction and maintenance of commuter rail
4638service facilities; creating a business partnership pilot
4639program; authorizing the Palm Beach County School District
4640to display names of business partners on district property
4641in unincorporated areas; exempting the program from
4642specified provisions; amending s. 768.28, F.S.; expanding
4643the list of entities considered agents of the state;
4644providing for construction in relation to certain federal
4645laws; requiring the department to ensure certain providers
4646of railroad related services meet certain requirements;
4647requiring the department to conduct a study of
4648transportation alternatives for the Interstate 95
4649corridor; requiring a report to the Governor and the
4650Legislature; reenacting ss. 316.066(3)(a), 316.072(4)(b),
4651316.1932(3), 316.1933(4), 316.1937(1) and (2)(d),
4652316.1939(1)(b), 316.656(1), 318.143(4) and (5), 318.17(3),
4653320.055(1)(c), 322.03(2), 322.0602(2)(a), 322.21(8),
4654322.25(5), 322.26(1)(a), 322.2615(14)(a) and (16),
4655322.2616(15) and (19), 322.264(1)(b), 322.271(2)(a), (c)
4656and (4), 322.2715(2), (3)(a), (c), and (4), 322.28(2),
4657322.282(2)(a), 322.291(1)(a), 322.34(9)(a), 322.62(3),
4658322.63(2)(d) and (6), 322.64(1), (2), (7)(a), (8)(b),
4659(14), and (15), 323.001(4)(f), 324.023, 324.131,
4660327.35(6), 337.195(1), 440.02(17)(c), 440.09(7)(b),
4661493.6106(1)(d), 627.7275(2)(a), 627.758(4), 790.06(2)(f)
4662and (10)(f), 903.36(2), and 907.041(4)(c), F.S., relating
4663to written reports of crashes, obedience to and effect of
4664traffic laws, tests for alcohol, chemical substances, or
4665controlled substances, implied consent, refusal, blood
4666test for impairment or intoxication in cases of death or
4667serious bodily injury, right to use reasonable force,
4668ignition interlock devices, requiring, unlawful acts,
4669refusal to submit to testing, penalties, mandatory
4670adjudication, prohibition against accepting plea to lesser
4671included offense, sanctions for infractions by minors,
4672offenses excepted, registration periods, renewal periods,
4673drivers must be licensed, penalties, youthful drunk driver
4674visitation program, license fees, procedure for handling
4675and collecting fees, when court to forward license to
4676department and report convictions, temporary reinstatement
4677of driving privileges, mandatory revocation of license by
4678department, suspension of license, right to review,
4679suspension of license, persons under 21 years of age,
4680right to review, "habitual traffic offender" defined,
4681authority to modify revocation, cancellation, or
4682suspension order, ignition interlock device, period of
4683suspension or revocation, procedure when court revokes or
4684suspends license or driving privilege and orders
4685reinstatement, driver improvement schools or dui programs,
4686required in certain suspension and revocation cases,
4687driving while license suspended, revoked, canceled, or
4688disqualified, driving under the influence, commercial
4689motor vehicle operators, alcohol or drug testing,
4690commercial motor vehicle operators, holder of commercial
4691driver's license, driving with unlawful blood-alcohol
4692level, refusal to submit to breath, urine, or blood test,
4693wrecker operator storage facilities, vehicle holds,
4694financial responsibility for bodily injury or death,
4695period of suspension, boating under the influence,
4696penalties, "designated drivers," limits on liability,
4697definitions, coverage, license requirements, posting,
4698motor vehicle liability, surety on auto club traffic
4699arrest bond, conditions, limit, bail bond, license to
4700carry concealed weapon or firearm, guaranteed arrest bond
4701certificates as cash bail, and pretrial detention and
4702release, to incorporate references in changes made by the
4703act; providing a short title; providing for a reduction in
4704the motor fuel tax for 1 week; providing dealer
4705requirements; providing legislative intent; providing for
4706a reduction in certain refunds for the same period;
4707authorizing the executive director of the Department of
4708Revenue to adopt emergency rules for certain purposes;
4709making unlawful certain activities of certain entities
4710relating to the tax reduction; providing criminal
4711penalties; amending s. 16.56, F.S.; including offenses
4712specified in this act under the investigation and
4713prosecution authority of the Office of Statewide
4714Prosecution; amending s. 206.026, F.S.; including offenses
4715specified in this act under provisions prohibiting certain
4716persons from holding certain licenses for certain
4717violations; amending s. 206.404, F.S.; providing for
4718revocation of certain licenses for violations of this act;
4719authorizing motor fuel dealers to manage motor fuel
4720inventory to maximize tax-reduction benefits; providing
4721criteria; providing effective dates.


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