November 29, 2020
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162105
  Amendment
Bill No. CS/CS/SB 682
Amendment No. 162105
CHAMBER ACTION
Senate House
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1Representative Cannon offered the following:
2
3     Amendment (with title amendment)
4     Remove line 26 and insert:
5     Section 2.  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 3.  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 4.  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 5.  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 6.  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 7.  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 8.  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 9.  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 10.  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 11.  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 12.  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 13.  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 14.  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 15.  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 16.  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 17.  Subsection (7) of section 337.11, Florida
944Statutes, 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)  If the department determines that it is in the best
950interest of the public, the department may pay a stipend to
951unsuccessful firms who have submitted responsive proposals for
952construction or maintenance contracts. The decision and amount
953of a stipend will be based upon department analysis of the
954estimated proposal development costs and the anticipated degree
955of competition during the procurement process. Stipends shall be
956used to encourage competition and compensate unsuccessful firms
957for a portion of their proposal development costs. The
958department shall retain the right to use ideas from unsuccessful
959firms that accept a stipend.
960     (8)(7)(a)  If the head of the department determines that it
961is in the best interests of the public, the department may
962combine the design and construction phases of a building, a
963major bridge, a limited access facility, or a rail corridor
964project into a single contract. Such contract is referred to as
965a design-build contract. The department's goal shall be to
966procure up to 25 percent of the construction contracts which add
967capacity in the 5-year adopted work program as design-build
968contracts by July 1, 2013. Design-build contracts may be
969advertised and awarded notwithstanding the requirements of
970paragraph (3)(c). However, construction activities may not begin
971on any portion of such projects for which the department has not
972yet obtained title to the necessary rights-of-way and easements
973for the construction of that portion of the project has vested
974in the state or a local governmental entity and all railroad
975crossing and utility agreements have been executed. Title to
976rights-of-way shall be deemed to have vested in the state when
977the title has been dedicated to the public or acquired by
978prescription.
979     (b)  The department shall adopt by rule procedures for
980administering design-build contracts. Such procedures shall
981include, but not be limited to:
982     1.  Prequalification requirements.
983     2.  Public announcement procedures.
984     3.  Scope of service requirements.
985     4.  Letters of interest requirements.
986     5.  Short-listing criteria and procedures.
987     6.  Bid proposal requirements.
988     7.  Technical review committee.
989     8.  Selection and award processes.
990     9.  Stipend requirements.
991     Section 18.  Subsection (7) of section 337.14, Florida
992Statutes, is amended to read:
993     337.14  Application for qualification; certificate of
994qualification; restrictions; request for hearing.--
995     (7)  No "contractor" as defined in s. 337.165(1)(d) or his
996or her "affiliate" as defined in s. 337.165(1)(a) qualified with
997the department under this section may also qualify under s.
998287.055 or s. 337.105 to provide testing services, construction,
999engineering, and inspection services to the department. This
1000limitation shall not apply to any design-build prequalification
1001under s. 337.11(8)(7).
1002     Section 19.  Paragraph (a) of subsection (2) of section
1003337.16, Florida Statutes, is amended to read:
1004     337.16  Disqualification of delinquent contractors from
1005bidding; determination of contractor nonresponsibility; denial,
1006suspension, and revocation of certificates of qualification;
1007grounds; hearing.--
1008     (2)  For reasons other than delinquency in progress, the
1009department, for good cause, may determine any contractor not
1010having a certificate of qualification nonresponsible for a
1011specified period of time or may deny, suspend, or revoke any
1012certificate of qualification. Good cause includes, but is not
1013limited to, circumstances in which a contractor or the
1014contractor's official representative:
1015     (a)  Makes or submits to the department false, deceptive,
1016or fraudulent statements or materials in any bid proposal to the
1017department, any application for a certificate of qualification,
1018any certification of payment pursuant to s. 337.11(11)(10), or
1019any administrative or judicial proceeding;
1020     Section 20.  Paragraph (b) of subsection (1) of section
1021337.18 is amended to read:
1022     337.18  Surety bonds for construction or maintenance
1023contracts; requirement with respect to contract award; bond
1024requirements; defaults; damage assessments.--
1025     (1)
1026     (b)  Prior to beginning any work under the contract, the
1027contractor shall maintain a copy of the payment and performance
1028bond required under this section at its principal place of
1029business and at the jobsite office, if one is established, and
1030the contractor shall provide a copy of the payment and
1031performance bond within 5 days after receipt of any written
1032request therefor. A copy of the payment and performance bond
1033required under this section may also be obtained directly from
1034the department via a request made pursuant to chapter 119. Upon
1035execution of the contract, and prior to beginning any work under
1036the contract, the contractor shall record in the public records
1037of the county where the improvement is located the payment and
1038performance bond required under this section. A claimant shall
1039have a right of action against the contractor and surety for the
1040amount due him or her, including unpaid finance charges due
1041under the claimant's contract. Such action shall not involve the
1042department in any expense.
1043     Section 21.  Subsections (1), (2), and (7) of section
1044337.185, Florida Statutes, are amended to read:
1045     337.185  State Arbitration Board.--
1046     (1)  To facilitate the prompt settlement of claims for
1047additional compensation arising out of construction and
1048maintenance contracts between the department and the various
1049contractors with whom it transacts business, the Legislature
1050does hereby establish the State Arbitration Board, referred to
1051in this section as the "board." For the purpose of this section,
1052"claim" shall mean the aggregate of all outstanding claims by a
1053party arising out of a construction or maintenance contract.
1054Every contractual claim in an amount up to $250,000 per contract
1055or, at the claimant's option, up to $500,000 per contract or,
1056upon agreement of the parties, up to $1 million per contract
1057that cannot be resolved by negotiation between the department
1058and the contractor shall be arbitrated by the board after
1059acceptance of the project by the department. As an exception,
1060either party to the dispute may request that the claim be
1061submitted to binding private arbitration. A court of law may not
1062consider the settlement of such a claim until the process
1063established by this section has been exhausted.
1064     (2)  The board shall be composed of three members. One
1065member shall be appointed by the head of the department, and one
1066member shall be elected by those construction or maintenance
1067companies who are under contract with the department. The third
1068member shall be chosen by agreement of the other two members.
1069Whenever the third member has a conflict of interest regarding
1070affiliation with one of the parties, the other two members shall
1071select an alternate member for that hearing. The head of the
1072department may select an alternative or substitute to serve as
1073the department member for any hearing or term. Each member shall
1074serve a 2-year term. The board shall elect a chair, each term,
1075who shall be the administrator of the board and custodian of its
1076records.
1077     (7)  The members of the board may receive compensation for
1078the performance of their duties hereunder, from administrative
1079fees received by the board, except that no employee of the
1080department may receive compensation from the board. The
1081compensation amount shall be determined by the board, but shall
1082not exceed $125 per hour, up to a maximum of $1,000 per day for
1083each member authorized to receive compensation. Nothing in this
1084section shall prevent the member elected by construction or
1085maintenance companies from being an employee of an association
1086affiliated with the industry, even if the sole responsibility of
1087that member is service on the board. Travel expenses for the
1088industry member may be paid by an industry association, if
1089necessary. The board may allocate funds annually for clerical
1090and other administrative services.
1091     Section 22.  Subsection (1) of section 337.403, Florida
1092Statutes, is amended to read:
1093     337.403  Relocation of utility; expenses.--
1094     (1)  Any utility heretofore or hereafter placed upon,
1095under, over, or along any public road or publicly owned rail
1096corridor that is found by the authority to be unreasonably
1097interfering in any way with the convenient, safe, or continuous
1098use, or the maintenance, improvement, extension, or expansion,
1099of such public road or publicly owned rail corridor shall, upon
110030 days' written notice to the utility or its agent by the
1101authority, be removed or relocated by such utility at its own
1102expense except as provided in paragraphs (a)-(f) (a), (b), and
1103(c).
1104     (a)  If the relocation of utility facilities, as referred
1105to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
1106627 of the 84th Congress, is necessitated by the construction of
1107a project on the federal-aid interstate system, including
1108extensions thereof within urban areas, and the cost of such
1109project is eligible and approved for reimbursement by the
1110Federal Government to the extent of 90 percent or more under the
1111Federal Aid Highway Act, or any amendment thereof, then in that
1112event the utility owning or operating such facilities shall
1113relocate such facilities upon order of the department, and the
1114state shall pay the entire expense properly attributable to such
1115relocation after deducting therefrom any increase in the value
1116of the new facility and any salvage value derived from the old
1117facility.
1118     (b)  When a joint agreement between the department and the
1119utility is executed for utility improvement, relocation, or
1120removal work to be accomplished as part of a contract for
1121construction of a transportation facility, the department may
1122participate in those utility improvement, relocation, or removal
1123costs that exceed the department's official estimate of the cost
1124of such work by more than 10 percent. The amount of such
1125participation shall be limited to the difference between the
1126official estimate of all the work in the joint agreement plus 10
1127percent and the amount awarded for this work in the construction
1128contract for such work. The department may not participate in
1129any utility improvement, relocation, or removal costs that occur
1130as a result of changes or additions during the course of the
1131contract.
1132     (c)  When an agreement between the department and utility
1133is executed for utility improvement, relocation, or removal work
1134to be accomplished in advance of a contract for construction of
1135a transportation facility, the department may participate in the
1136cost of clearing and grubbing necessary to perform such work.
1137     (d)  If the utility facility being removed or relocated was
1138initially installed to exclusively serve the department, its
1139tenants, or both the department and its tenants, the department
1140shall bear the costs of removal or relocation of that utility
1141facility. The department shall not be responsible, however, for
1142bearing the cost of removal or relocation of any subsequent
1143additions to that facility for the purpose of serving others.
1144     (e)  If, pursuant to an agreement between a utility and the
1145authority entered into after the effective date of this
1146subsection, the utility conveys, subordinates, or relinquishes a
1147compensable property right to the authority for the purpose of
1148accommodating the acquisition or use of the right-of-way by the
1149authority, without the agreement expressly addressing future
1150responsibility for cost of removal or relocation of the utility,
1151then the authority shall bear the cost of such removal or
1152relocation. Nothing in this paragraph is intended to impair or
1153restrict, or be used to interpret, the terms of any such
1154agreement entered into prior to the effective date of this
1155paragraph.
1156     (f)  If the utility is an electric facility being relocated
1157underground in order to enhance vehicular, bicycle, and
1158pedestrian safety and in which ownership of the electric
1159facility to be placed underground has been transferred from a
1160private to a public utility within the past 5 years, the
1161department shall incur all costs of the relocation.
1162     Section 23.  Subsections (4) and (5) of section 337.408,
1163Florida Statutes, are amended, subsection (7) is renumbered as
1164subsection (8), and a new subsection (7) is added to that
1165section, to read:
1166     337.408  Regulation of benches, transit shelters, street
1167light poles, waste disposal receptacles, and modular news racks
1168within rights-of-way.--
1169     (4)  The department has the authority to direct the
1170immediate relocation or removal of any bench, transit shelter,
1171waste disposal receptacle, public pay telephone, or modular news
1172rack which endangers life or property, except that transit bus
1173benches which have been placed in service prior to April 1,
11741992, are not required to comply with bench size and advertising
1175display size requirements which have been established by the
1176department prior to March 1, 1992. Any transit bus bench that
1177was in service prior to April 1, 1992, may be replaced with a
1178bus bench of the same size or smaller, if the bench is damaged
1179or destroyed or otherwise becomes unusable. The department is
1180authorized to adopt rules relating to the regulation of bench
1181size and advertising display size requirements. If a
1182municipality or county within which a bench is to be located has
1183adopted an ordinance or other applicable regulation that
1184establishes bench size or advertising display sign requirements
1185different from requirements specified in department rule, the
1186local government requirement shall be applicable within the
1187respective municipality or county. Placement of any bench or
1188advertising display on the National Highway System under a local
1189ordinance or regulation adopted pursuant to this subsection
1190shall be subject to approval of the Federal Highway
1191Administration.
1192     (5)  No bench, transit shelter, waste disposal receptacle,
1193public pay telephone, or modular news rack, or advertising
1194thereon, shall be erected or so placed on the right-of-way of
1195any road which conflicts with the requirements of federal law,
1196regulations, or safety standards, thereby causing the state or
1197any political subdivision the loss of federal funds. Competition
1198among persons seeking to provide bench, transit shelter, waste
1199disposal receptacle, or modular news rack services or
1200advertising on such benches, shelters, receptacles, or news
1201racks may be regulated, restricted, or denied by the appropriate
1202local government entity consistent with the provisions of this
1203section.
1204     (7)  Public pay telephones, including advertising displayed
1205thereon, may be installed within the right-of-way limits of any
1206municipal, county, or state road, except on a limited access
1207highway, provided that such pay telephones are installed by a
1208provider duly authorized and regulated by the Public Service
1209Commission pursuant to s. 364.3375, that such pay telephones are
1210operated in accordance with all applicable state and federal
1211telecommunications regulations, and that written authorization
1212has been given to a public pay telephone provider by the
1213appropriate municipal or county government. Each advertisement
1214shall be limited to a size no greater than 8 square feet and no
1215public pay telephone booth shall display more than 3 such
1216advertisements at any given time. No advertisements shall be
1217allowed on public pay telephones located in rest areas, welcome
1218centers, and other such facilities located on an interstate
1219highway.
1220     Section 24.  Subsection (6) is added to section 338.01,
1221Florida Statutes, to read:
1222     338.01  Authority to establish and regulate limited access
1223facilities.--
1224     (6)  All new limited access facilities and existing
1225transportation facilities on which new or replacement electronic
1226toll collection systems are installed shall be interoperable
1227with the department's electronic toll collection system.
1228     Section 25.  Present subsections (7) and (8) of section
1229338.165, Florida Statutes, are redesignated as subsections (8)
1230and (9), respectively, and a new subsection (7) is added to that
1231section, to read:
1232     338.165  Continuation of tolls.--
1233     (7)  This section does not apply to high-occupancy toll
1234lanes or express lanes.
1235     Section 26.  Section 338.166, Florida Statutes, is created
1236to read:
1237     338.166  High-occupancy toll lanes or express lanes.--
1238     (1)  Under s. 11, Art. VII of the State Constitution, the
1239department may request the Division of Bond Finance to issue
1240bonds secured by toll revenues collected on high-occupancy toll
1241lanes or express lanes located on Interstate 95 in Miami-Dade
1242and Broward Counties.
1243     (2)  The department may continue to collect the toll on the
1244high-occupancy toll lanes or express lanes after the discharge
1245of any bond indebtedness related to such project. All tolls so
1246collected shall first be used to pay the annual cost of the
1247operation, maintenance, and improvement of the high-occupancy
1248toll lanes or express lanes project or associated transportation
1249system.
1250     (3)  Any remaining toll revenue from the high-occupancy
1251toll lanes or express lanes shall be used by the department for
1252the construction, maintenance, or improvement of any road on the
1253State Highway System.
1254     (4)  The department is authorized to implement variable
1255rate tolls on high-occupancy toll lanes or express lanes.
1256     (5)  Except for high-occupancy toll lanes or express lanes,
1257tolls may not be charged for use of an interstate highway where
1258tolls were not charged as of July 1, 1997.
1259     (6)  This section does not apply to the turnpike system as
1260defined under the Florida Turnpike Enterprise Law.
1261     Section 27.  Paragraphs (d) and (e) are added to subsection
1262(1) of section 338.2216, Florida Statutes, to read:
1263     338.2216  Florida Turnpike Enterprise; powers and
1264authority.--
1265     (1)
1266     (d)  The Florida Turnpike Enterprise is directed to pursue
1267and implement new technologies and processes in its operations
1268and collection of tolls and the collection of other amounts
1269associated with road and infrastructure usage. Such technologies
1270and processes shall include, without limitation, video billing
1271and variable pricing.
1272     (e)1.  The Florida Turnpike Enterprise shall not under any
1273circumstances contract with any vendor for the retail sale of
1274fuel along the Florida Turnpike if such contract is negotiated
1275or bid together with any other contract, including, but not
1276limited to, the retail sale of food, maintenance services, or
1277construction, with the exception that any contract for the
1278retail sale of fuel along the Florida Turnpike shall be bid and
1279contracted together with the retail sale of food at any
1280convenience store attached to the fuel station.
1281     2.  All contracts related to service plazas, including, but
1282not limited to, the sale of fuel, the retail sale of food,
1283maintenance services, or construction, except for services
1284provided as defined in s. 287.055(2)(a), awarded by the Florida
1285Turnpike Enterprise shall be procured through individual
1286competitive solicitations and awarded to the most cost-effective  
1287responder. This paragraph does not prohibit the award of more
1288than one individual contract to a single vendor if he or she
1289submits the most cost-effective response.
1290     Section 28.  Paragraph (b) of subsection (1) of section
1291338.223, Florida Statutes, is amended to read:
1292     338.223  Proposed turnpike projects.--
1293     (1)
1294     (b)  Any proposed turnpike project or improvement shall be
1295developed in accordance with the Florida Transportation Plan and
1296the work program pursuant to s. 339.135. Turnpike projects that
1297add capacity, alter access, affect feeder roads, or affect the
1298operation of the local transportation system shall be included
1299in the transportation improvement plan of the affected
1300metropolitan planning organization. If such turnpike project
1301does not fall within the jurisdiction of a metropolitan planning
1302organization, the department shall notify the affected county
1303and provide for public hearings in accordance with s.
1304339.155(5)(6)(c).
1305     Section 29.  Section 338.231, Florida Statutes, is amended
1306to read:
1307     338.231  Turnpike tolls, fixing; pledge of tolls and other
1308revenues.--The department shall at all times fix, adjust,
1309charge, and collect such tolls and amounts for the use of the
1310turnpike system as are required in order to provide a fund
1311sufficient with other revenues of the turnpike system to pay the
1312cost of maintaining, improving, repairing, and operating such
1313turnpike system; to pay the principal of and interest on all
1314bonds issued to finance or refinance any portion of the turnpike
1315system as the same become due and payable; and to create
1316reserves for all such purposes.
1317     (1)  In the process of effectuating toll rate increases
1318over the period 1988 through 1992, the department shall, to the
1319maximum extent feasible, equalize the toll structure, within
1320each vehicle classification, so that the per mile toll rate will
1321be approximately the same throughout the turnpike system. New
1322turnpike projects may have toll rates higher than the uniform
1323system rate where such higher toll rates are necessary to
1324qualify the project in accordance with the financial criteria in
1325the turnpike law. Such higher rates may be reduced to the
1326uniform system rate when the project is generating sufficient
1327revenues to pay the full amount of debt service and operating
1328and maintenance costs at the uniform system rate. If, after 15
1329years of opening to traffic, the annual revenue of a turnpike
1330project does not meet or exceed the annual debt service
1331requirements and operating and maintenance costs attributable to
1332such project, the department shall, to the maximum extent
1333feasible, establish a toll rate for the project which is higher
1334than the uniform system rate as necessary to meet such annual
1335debt service requirements and operating and maintenance costs.
1336The department may, to the extent feasible, establish a
1337temporary toll rate at less than the uniform system rate for the
1338purpose of building patronage for the ultimate benefit of the
1339turnpike system. In no case shall the temporary rate be
1340established for more than 1 year. The requirements of this
1341subsection shall not apply when the application of such
1342requirements would violate any covenant established in a
1343resolution or trust indenture relating to the issuance of
1344turnpike bonds.
1345     (1)(2)  Notwithstanding any other provision of law, the
1346department may defer the scheduled July 1, 1993, toll rate
1347increase on the Homestead Extension of the Florida Turnpike
1348until July 1, 1995. The department may also advance funds to the
1349Turnpike General Reserve Trust Fund to replace estimated lost
1350revenues resulting from this deferral. The amount advanced must
1351be repaid within 12 years from the date of advance; however, the
1352repayment is subordinate to all other debt financing of the
1353turnpike system outstanding at the time repayment is due.
1354     (2)(3)  The department shall publish a proposed change in
1355the toll rate for the use of an existing toll facility, in the
1356manner provided for in s. 120.54, which will provide for public
1357notice and the opportunity for a public hearing before the
1358adoption of the proposed rate change. When the department is
1359evaluating a proposed turnpike toll project under s. 338.223 and
1360has determined that there is a high probability that the project
1361will pass the test of economic feasibility predicated on
1362proposed toll rates, the toll rate that is proposed to be
1363charged after the project is constructed must be adopted during
1364the planning and project development phase of the project, in
1365the manner provided for in s. 120.54, including public notice
1366and the opportunity for a public hearing. For such a new
1367project, the toll rate becomes effective upon the opening of the
1368project to traffic.
1369     (3)(a)(4)  For the period July 1, 1998, through June 30,
13702017, the department shall, to the maximum extent feasible,
1371program sufficient funds in the tentative work program such that
1372the percentage of turnpike toll and bond financed commitments in
1373Dade County, Broward County, and Palm Beach County as compared
1374to total turnpike toll and bond financed commitments shall be at
1375least 90 percent of the share of net toll collections
1376attributable to users of the turnpike system in Dade County,
1377Broward County, and Palm Beach County as compared to total net
1378toll collections attributable to users of the turnpike system.
1379The requirements of this subsection do not apply when the
1380application of such requirements would violate any covenant
1381established in a resolution or trust indenture relating to the
1382issuance of turnpike bonds. The department at any time for
1383economic considerations may establish lower temporary toll rates
1384for a new or existing toll facility for a period not to exceed 1
1385year, after which the toll rates promulgated under s. 120.54
1386shall become effective.
1387     (b)  The department shall also fix, adjust, charge, and
1388collect such amounts needed to cover the costs of administering
1389the different toll collection and payment methods and types of
1390accounts being offered and utilized, in the manner provided for
1391in s. 120.54, which will provide for public notice and the
1392opportunity for a public hearing before adoption. Such amounts
1393may stand alone, or be incorporated in a toll rate structure, or
1394be a combination thereof.
1395     (4)(5)  When bonds are outstanding which have been issued
1396to finance or refinance any turnpike project, the tolls and all
1397other revenues derived from the turnpike system and pledged to
1398such bonds shall be set aside as may be provided in the
1399resolution authorizing the issuance of such bonds or the trust
1400agreement securing the same. The tolls or other revenues or
1401other moneys so pledged and thereafter received by the
1402department are immediately subject to the lien of such pledge
1403without any physical delivery thereof or further act. The lien
1404of any such pledge is valid and binding as against all parties
1405having claims of any kind in tort or contract or otherwise
1406against the department irrespective of whether such parties have
1407notice thereof. Neither the resolution nor any trust agreement
1408by which a pledge is created need be filed or recorded except in
1409the records of the department.
1410     (5)(6)  In each fiscal year while any of the bonds of the
1411Broward County Expressway Authority series 1984 and series 1986-
1412A remain outstanding, the department is authorized to pledge
1413revenues from the turnpike system to the payment of principal
1414and interest of such series of bonds and the operation and
1415maintenance expenses of the Sawgrass Expressway, to the extent
1416gross toll revenues of the Sawgrass Expressway are insufficient
1417to make such payments. The terms of an agreement relative to the
1418pledge of turnpike system revenue will be negotiated with the
1419parties of the 1984 and 1986 Broward County Expressway Authority
1420lease-purchase agreements, and subject to the covenants of those
1421agreements. The agreement shall establish that the Sawgrass
1422Expressway shall be subject to the planning, management, and
1423operating control of the department limited only by the terms of
1424the lease-purchase agreements. The department shall provide for
1425the payment of operation and maintenance expenses of the
1426Sawgrass Expressway until such agreement is in effect. This
1427pledge of turnpike system revenues shall be subordinate to the
1428debt service requirements of any future issue of turnpike bonds,
1429the payment of turnpike system operation and maintenance
1430expenses, and subject to provisions of any subsequent resolution
1431or trust indenture relating to the issuance of such turnpike
1432bonds.
1433     (6)(7)  The use and disposition of revenues pledged to
1434bonds are subject to the provisions of ss. 338.22-338.241 and
1435such regulations as the resolution authorizing the issuance of
1436such bonds or such trust agreement may provide.
1437     Section 30.  Subsection (4) of section 339.12, Florida
1438Statutes, is amended to read:
1439     339.12  Aid and contributions by governmental entities for
1440department projects; federal aid.--
1441     (4)(a)  Prior to accepting the contribution of road bond
1442proceeds, time warrants, or cash for which reimbursement is
1443sought, the department shall enter into agreements with the
1444governing body of the governmental entity for the project or
1445project phases in accordance with specifications agreed upon
1446between the department and the governing body of the
1447governmental entity. The department in no instance is to receive
1448from such governmental entity an amount in excess of the actual
1449cost of the project or project phase. By specific provision in
1450the written agreement between the department and the governing
1451body of the governmental entity, the department may agree to
1452reimburse the governmental entity for the actual amount of the
1453bond proceeds, time warrants, or cash used on a highway project
1454or project phases that are not revenue producing and are
1455contained in the department's adopted work program, or any
1456public transportation project contained in the adopted work
1457program. Subject to appropriation of funds by the Legislature,
1458the department may commit state funds for reimbursement of such
1459projects or project phases. Reimbursement to the governmental
1460entity for such a project or project phase must be made from
1461funds appropriated by the Legislature, and reimbursement for the
1462cost of the project or project phase is to begin in the year the
1463project or project phase is scheduled in the work program as of
1464the date of the agreement. Funds advanced pursuant to this
1465section, which were originally designated for transportation
1466purposes and so reimbursed to a county or municipality, shall be
1467used by the county or municipality for any transportation
1468expenditure authorized under s. 336.025(7). Also, cities and
1469counties may receive funds from persons, and reimburse those
1470persons, for the purposes of this section. Such persons may
1471include, but are not limited to, those persons defined in s.
1472607.01401(19).
1473     (b)  Prior to entering an agreement to advance a project or
1474project phase pursuant to this subsection and subsection (5),
1475the department shall first update the estimated cost of the
1476project or project phase and certify that the estimate is
1477accurate and consistent with the amount estimated in the adopted
1478work program. If the original estimate and the updated estimate
1479vary, the department shall amend the adopted work program
1480according to the amendatory procedures for the work program set
1481forth in s. 339.135(7). The amendment shall reflect all
1482corresponding increases and decreases to the affected projects
1483within the adopted work program.
1484     (c)  The department may enter into agreements under this
1485subsection 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 $250
1497$100 million. However, notwithstanding such $250 $100 million
1498limit and any similar limit in s. 334.30, project advances for
1499any inland county with a population greater than 500,000
1500dedicating amounts equal to $500 million or more of its Local
1501Government Infrastructure Surtax pursuant to s. 212.055(2) for
1502improvements to the State Highway System which are included in
1503the local metropolitan planning organization's or the
1504department's long-range transportation plans shall be excluded
1505from the calculation of the statewide limit of project advances.
1506     (d)  The department may enter into agreements under this
1507subsection with any county that has a population of 150,000 or
1508less as determined by the most recent official estimate pursuant
1509to s. 186.901 for a project or project phase not included in the
1510adopted work program. As used in this paragraph, the term
1511"project phase" means acquisition of rights-of-way,
1512construction, construction inspection, and related support
1513phases. The project or project phase must be a high priority of
1514the governmental entity. Reimbursement for a project or project
1515phase must be made from funds appropriated by the Legislature
1516pursuant to s. 339.135(5). All other provisions of this
1517subsection apply to agreements entered into under this
1518paragraph. The total amount of project agreements for projects
1519or project phases not included in the adopted work program
1520authorized by this paragraph may not at any time exceed $200
1521million. The project must be included in the local government's
1522adopted comprehensive plan. The department is authorized to
1523enter into long-term repayment agreements of up to 30 years.
1524     Section 31.  Paragraph (d) of subsection (7) of section
1525339.135, Florida Statutes, is amended to read:
1526     339.135  Work program; legislative budget request;
1527definitions; preparation, adoption, execution, and amendment.--
1528     (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
1529     (d)1.  Whenever the department proposes any amendment to
1530the adopted work program, as defined in subparagraph (c)1. or
1531subparagraph (c)3., which deletes or defers a construction phase
1532on a capacity project, it shall notify each county affected by
1533the amendment and each municipality within the county. The
1534notification shall be issued in writing to the chief elected
1535official of each affected county, each municipality within the
1536county, and the chair of each affected metropolitan planning
1537organization. Each affected county and each municipality in the
1538county, is encouraged to coordinate with each other to determine
1539how the amendment effects local concurrency management and
1540regional transportation planning efforts. Each affected county,
1541and each municipality within the county, shall have 14 days to
1542provide written comments to the department regarding how the
1543amendment will effect its respective concurrency management
1544systems, including whether any development permits were issued
1545contingent upon the capacity improvement, if applicable. After
1546receipt of written comments from the affected local governments,
1547the department shall include any written comments submitted by
1548such local governments in its preparation of the proposed
1549amendment.
1550     2.  Following the 14-day comment period in subparagraph 1.,
1551if applicable, whenever the department proposes any amendment to
1552the adopted work program, which amendment is defined in
1553subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
1554subparagraph (c)4., it shall submit the proposed amendment to
1555the Governor for approval and shall immediately notify the
1556chairs of the legislative appropriations committees, the chairs
1557of the legislative transportation committees, and each member of
1558the Legislature who represents a district affected by the
1559proposed amendment. It shall also notify, each metropolitan
1560planning organization affected by the proposed amendment, and
1561each unit of local government affected by the proposed
1562amendment, unless it provided to each the notification required
1563by subparagraph 1. Such proposed amendment shall provide a
1564complete justification of the need for the proposed amendment.
1565     3.2.  The Governor shall not approve a proposed amendment
1566until 14 days following the notification required in
1567subparagraph 2. 1.
1568     4.3.  If either of the chairs of the legislative
1569appropriations committees or the President of the Senate or the
1570Speaker of the House of Representatives objects in writing to a
1571proposed amendment within 14 days following notification and
1572specifies the reasons for such objection, the Governor shall
1573disapprove the proposed amendment.
1574     Section 32.  Section 339.155, Florida Statutes, is amended
1575to read:
1576     339.155  Transportation planning.--
1577     (1)  THE FLORIDA TRANSPORTATION PLAN.--The department shall
1578develop and annually update a statewide transportation plan, to
1579be known as the Florida Transportation Plan. The plan shall be
1580designed so as to be easily read and understood by the general
1581public. The purpose of the Florida Transportation Plan is to
1582establish and define the state's long-range transportation goals
1583and objectives to be accomplished over a period of at least 20
1584years within the context of the State Comprehensive Plan, and
1585any other statutory mandates and authorizations and based upon
1586the prevailing principles of: preserving the existing
1587transportation infrastructure; enhancing Florida's economic
1588competitiveness; and improving travel choices to ensure
1589mobility. The Florida Transportation Plan shall consider the
1590needs of the entire state transportation system and examine the
1591use of all modes of transportation to effectively and
1592efficiently meet such needs.
1593     (2)  SCOPE OF PLANNING PROCESS.--The department shall carry
1594out a transportation planning process in conformance with s.
1595334.046(1). which provides for consideration of projects and
1596strategies that will:
1597     (a)  Support the economic vitality of the United States,
1598Florida, and the metropolitan areas, especially by enabling
1599global competitiveness, productivity, and efficiency;
1600     (b)  Increase the safety and security of the transportation
1601system for motorized and nonmotorized users;
1602     (c)  Increase the accessibility and mobility options
1603available to people and for freight;
1604     (d)  Protect and enhance the environment, promote energy
1605conservation, and improve quality of life;
1606     (e)  Enhance the integration and connectivity of the
1607transportation system, across and between modes throughout
1608Florida, for people and freight;
1609     (f)  Promote efficient system management and operation; and
1610     (g)  Emphasize the preservation of the existing
1611transportation system.
1612     (3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida
1613Transportation Plan shall be a unified, concise planning
1614document that clearly defines the state's long-range
1615transportation goals and objectives and documents the
1616department's short-range objectives developed to further such
1617goals and objectives. The plan shall:
1618     (a)  Include a glossary that clearly and succinctly defines
1619any and all phrases, words, or terms of art included in the
1620plan, with which the general public may be unfamiliar. and shall
1621consist of, at a minimum, the following components:
1622     (b)(a)  Document A long-range component documenting the
1623goals and long-term objectives necessary to implement the
1624results of the department's findings from its examination of the
1625prevailing principles and criteria provided under listed in
1626subsection (2) and s. 334.046(1). The long-range component must
1627     (c)  Be developed in cooperation with the metropolitan
1628planning organizations and reconciled, to the maximum extent
1629feasible, with the long-range plans developed by metropolitan
1630planning organizations pursuant to s. 339.175. The plan must
1631also
1632     (d)  Be developed in consultation with affected local
1633officials in nonmetropolitan areas and with any affected Indian
1634tribal governments. The plan must
1635     (e)  Provide an examination of transportation issues likely
1636to arise during at least a 20-year period. The long-range
1637component shall
1638     (f)  Be updated at least once every 5 years, or more often
1639as necessary, to reflect substantive changes to federal or state
1640law.
1641     (b)  A short-range component documenting the short-term
1642objectives and strategies necessary to implement the goals and
1643long-term objectives contained in the long-range component. The
1644short-range component must define the relationship between the
1645long-range goals and the short-range objectives, specify those
1646objectives against which the department's achievement of such
1647goals will be measured, and identify transportation strategies
1648necessary to efficiently achieve the goals and objectives in the
1649plan. It must provide a policy framework within which the
1650department's legislative budget request, the strategic
1651information resource management plan, and the work program are
1652developed. The short-range component shall serve as the
1653department's annual agency strategic plan pursuant to s.
1654186.021. The short-range component shall be developed consistent
1655with available and forecasted state and federal funds. The
1656short-range component shall also be submitted to the Florida
1657Transportation Commission.
1658     (4)  ANNUAL PERFORMANCE REPORT.--The department shall
1659develop an annual performance report evaluating the operation of
1660the department for the preceding fiscal year. The report shall
1661also include a summary of the financial operations of the
1662department and shall annually evaluate how well the adopted work
1663program meets the short-term objectives contained in the short-
1664range component of the Florida Transportation Plan. This
1665performance report shall be submitted to the Florida
1666Transportation Commission and the legislative appropriations and
1667transportation committees.
1668     (4)(5)  ADDITIONAL TRANSPORTATION PLANS.--
1669     (a)  Upon request by local governmental entities, the
1670department may in its discretion develop and design
1671transportation corridors, arterial and collector streets,
1672vehicular parking areas, and other support facilities which are
1673consistent with the plans of the department for major
1674transportation facilities. The department may render to local
1675governmental entities or their planning agencies such technical
1676assistance and services as are necessary so that local plans and
1677facilities are coordinated with the plans and facilities of the
1678department.
1679     (b)  Each regional planning council, as provided for in s.
1680186.504, or any successor agency thereto, shall develop, as an
1681element of its strategic regional policy plan, transportation
1682goals and policies. The transportation goals and policies must
1683be prioritized to comply with the prevailing principles provided
1684in subsection (2) and s. 334.046(1). The transportation goals
1685and policies shall be consistent, to the maximum extent
1686feasible, with the goals and policies of the metropolitan
1687planning organization and the Florida Transportation Plan. The
1688transportation goals and policies of the regional planning
1689council will be advisory only and shall be submitted to the
1690department and any affected metropolitan planning organization
1691for their consideration and comments. Metropolitan planning
1692organization plans and other local transportation plans shall be
1693developed consistent, to the maximum extent feasible, with the
1694regional transportation goals and policies. The regional
1695planning council shall review urbanized area transportation
1696plans and any other planning products stipulated in s. 339.175
1697and provide the department and respective metropolitan planning
1698organizations with written recommendations which the department
1699and the metropolitan planning organizations shall take under
1700advisement. Further, the regional planning councils shall
1701directly assist local governments which are not part of a
1702metropolitan area transportation planning process in the
1703development of the transportation element of their comprehensive
1704plans as required by s. 163.3177.
1705     (c)  Regional transportation plans may be developed in
1706regional transportation areas in accordance with an interlocal
1707agreement entered into pursuant to s. 163.01 by two or more
1708contiguous metropolitan planning organizations; one or more
1709metropolitan planning organizations and one or more contiguous
1710counties, none of which is a member of a metropolitan planning
1711organization; a multicounty regional transportation authority
1712created by or pursuant to law; two or more contiguous counties
1713that are not members of a metropolitan planning organization; or
1714metropolitan planning organizations comprised of three or more
1715counties.
1716     (d)  The interlocal agreement must, at a minimum, identify
1717the entity that will coordinate the development of the regional
1718transportation plan; delineate the boundaries of the regional
1719transportation area; provide the duration of the agreement and
1720specify how the agreement may be terminated, modified, or
1721rescinded; describe the process by which the regional
1722transportation plan will be developed; and provide how members
1723of the entity will resolve disagreements regarding
1724interpretation of the interlocal agreement or disputes relating
1725to the development or content of the regional transportation
1726plan. Such interlocal agreement shall become effective upon its
1727recordation in the official public records of each county in the
1728regional transportation area.
1729     (e)  The regional transportation plan developed pursuant to
1730this section must, at a minimum, identify regionally significant
1731transportation facilities located within a regional
1732transportation area and contain a prioritized list of regionally
1733significant projects. The level-of-service standards for
1734facilities to be funded under this subsection shall be adopted
1735by the appropriate local government in accordance with s.
1736163.3180(10). The projects shall be adopted into the capital
1737improvements schedule of the local government comprehensive plan
1738pursuant to s. 163.3177(3).
1739     (5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
1740TRANSPORTATION PLANNING.--
1741     (a)  During the development of the long-range component of
1742the Florida Transportation Plan and prior to substantive
1743revisions, the department shall provide citizens, affected
1744public agencies, representatives of transportation agency
1745employees, other affected employee representatives, private
1746providers of transportation, and other known interested parties
1747with an opportunity to comment on the proposed plan or
1748revisions. These opportunities shall include, at a minimum,
1749publishing a notice in the Florida Administrative Weekly and
1750within a newspaper of general circulation within the area of
1751each department district office.
1752     (b)  During development of major transportation
1753improvements, such as those increasing the capacity of a
1754facility through the addition of new lanes or providing new
1755access to a limited or controlled access facility or
1756construction of a facility in a new location, the department
1757shall hold one or more hearings prior to the selection of the
1758facility to be provided; prior to the selection of the site or
1759corridor of the proposed facility; and prior to the selection of
1760and commitment to a specific design proposal for the proposed
1761facility. Such public hearings shall be conducted so as to
1762provide an opportunity for effective participation by interested
1763persons in the process of transportation planning and site and
1764route selection and in the specific location and design of
1765transportation facilities. The various factors involved in the
1766decision or decisions and any alternative proposals shall be
1767clearly presented so that the persons attending the hearing may
1768present their views relating to the decision or decisions which
1769will be made.
1770     (c)  Opportunity for design hearings:
1771     1.  The department, prior to holding a design hearing,
1772shall duly notify all affected property owners of record, as
1773recorded in the property appraiser's office, by mail at least 20
1774days prior to the date set for the hearing. The affected
1775property owners shall be:
1776     a.  Those whose property lies in whole or in part within
1777300 feet on either side of the centerline of the proposed
1778facility.
1779     b.  Those whom the department determines will be
1780substantially affected environmentally, economically, socially,
1781or safetywise.
1782     2.  For each subsequent hearing, the department shall
1783publish notice prior to the hearing date in a newspaper of
1784general circulation for the area affected. These notices must be
1785published twice, with the first notice appearing at least 15
1786days, but no later than 30 days, before the hearing.
1787     3.  A copy of the notice of opportunity for the hearing
1788must be furnished to the United States Department of
1789Transportation and to the appropriate departments of the state
1790government at the time of publication.
1791     4.  The opportunity for another hearing shall be afforded
1792in any case when proposed locations or designs are so changed
1793from those presented in the notices specified above or at a
1794hearing as to have a substantially different social, economic,
1795or environmental effect.
1796     5.  The opportunity for a hearing shall be afforded in each
1797case in which the department is in doubt as to whether a hearing
1798is required.
1799     Section 33.  Subsection (3) and paragraphs (b) and (c) of
1800subsection (4) of section 339.2816, Florida Statutes, are
1801amended to read:
1802     339.2816  Small County Road Assistance Program.--
1803     (3)  Beginning with fiscal year 1999-2000 until fiscal year
18042009-2010, and beginning again with fiscal year 2012-2013, up to
1805$25 million annually from the State Transportation Trust Fund
1806may be used for the purposes of funding the Small County Road
1807Assistance Program as described in this section.
1808     (4)
1809     (b)  In determining a county's eligibility for assistance
1810under this program, the department may consider whether the
1811county has attempted to keep county roads in satisfactory
1812condition, including the amount of local option fuel tax and ad
1813valorem millage rate imposed by the county. The department may
1814also consider the extent to which the county has offered to
1815provide a match of local funds with state funds provided under
1816the program. At a minimum, small counties shall be eligible only
1817if:
1818     1.  The county has enacted the maximum rate of the local
1819option fuel tax authorized by s. 336.025(1)(a)., and has imposed
1820an ad valorem millage rate of at least 8 mills; or
1821     2.  The county has imposed an ad valorem millage rate of 10
1822mills.
1823     (c)  The following criteria shall be used to prioritize
1824road projects for funding under the program:
1825     1.  The primary criterion is the physical condition of the
1826road as measured by the department.
1827     2.  As secondary criteria the department may consider:
1828     a.  Whether a road is used as an evacuation route.
1829     b.  Whether a road has high levels of agricultural travel.
1830     c.  Whether a road is considered a major arterial route.
1831     d.  Whether a road is considered a feeder road.
1832     e.  Whether a road is located in a fiscally constrained
1833county, as defined in s. 218.67(1).
1834     f.e.  Other criteria related to the impact of a project on
1835the public road system or on the state or local economy as
1836determined by the department.
1837     Section 34.  Subsections (1) and (3) of section 339.2819,
1838Florida Statutes, are amended to read:
1839     339.2819  Transportation Regional Incentive Program.--
1840     (1)  There is created within the Department of
1841Transportation a Transportation Regional Incentive Program for
1842the purpose of providing funds to improve regionally significant
1843transportation facilities in regional transportation areas
1844created pursuant to s. 339.155(4)(5).
1845     (3)  The department shall allocate funding available for
1846the Transportation Regional Incentive Program to the districts
1847based on a factor derived from equal parts of population and
1848motor fuel collections for eligible counties in regional
1849transportation areas created pursuant to s. 339.155(4)(5).
1850     Section 35.  Subsection (6) of section 339.285, Florida
1851Statutes, is amended to read:
1852     339.285  Enhanced Bridge Program for Sustainable
1853Transportation.--
1854     (6)  Preference shall be given to bridge projects located
1855on corridors that connect to the Strategic Intermodal System,
1856created under s. 339.64, and that have been identified as
1857regionally significant in accordance with s. 339.155(4)(5)(c),
1858(d), and (e).
1859     Section 36.  Part III of chapter 343, Florida Statutes,
1860consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,
1861343.76, and 343.77, is repealed.
1862     Section 37.  Subsection (4) of section 348.0003, Florida
1863Statutes, is amended to read:
1864     348.0003  Expressway authority; formation; membership.--
1865     (4)(a)  An authority may employ an executive secretary, an
1866executive director, its own counsel and legal staff, technical
1867experts, and such engineers and employees, permanent or
1868temporary, as it may require and shall determine the
1869qualifications and fix the compensation of such persons, firms,
1870or corporations. An authority may employ a fiscal agent or
1871agents; however, the authority must solicit sealed proposals
1872from at least three persons, firms, or corporations for the
1873performance of any services as fiscal agents. An authority may
1874delegate to one or more of its agents or employees such of its
1875power as it deems necessary to carry out the purposes of the
1876Florida Expressway Authority Act, subject always to the
1877supervision and control of the authority. Members of an
1878authority may be removed from office by the Governor for
1879misconduct, malfeasance, misfeasance, or nonfeasance in office.
1880     (b)  Members of an authority are entitled to receive from
1881the authority their travel and other necessary expenses incurred
1882in connection with the business of the authority as provided in
1883s. 112.061, but they may not draw salaries or other
1884compensation.
1885     (c)  Members of each expressway an authority,
1886transportation authority, bridge authority, or toll authority,
1887created pursuant to this chapter, chapter 343, or chapter 349,
1888or pursuant to any other legislative enactment, shall be
1889required to comply with the applicable financial disclosure
1890requirements of s. 8, Art. II of the State Constitution. This
1891subsection does not subject a statutorily created expressway
1892authority, transportation authority, bridge authority, or toll
1893authority, other than one created under this part, to any of the
1894requirements of this part other than those contained in this
1895subsection.
1896     Section 38.  Paragraph (c) is added to subsection (1) of
1897section 348.0004, Florida Statutes, to read:
1898     348.0004  Purposes and powers.--
1899     (1)
1900     (c)  Notwithstanding any other provision of law, expressway
1901authorities created under parts I-X of chapter 348 may index
1902toll rates on toll facilities to the annual Consumer Price Index
1903or similar inflation indicators. Once a toll rate index has been
1904implemented pursuant to this paragraph, the toll rate index
1905shall remain in place and may not be revoked. Toll rate index
1906for inflation under this subsection must be adopted and approved
1907by the expressway authority board at a public meeting and may be
1908made no more frequently than once a year and must be made no
1909less frequently than once every 5 years as necessary to
1910accommodate cash toll rate schedules. Toll rates may be
1911increased beyond these limits as directed by bond documents,
1912covenants, or governing body authorization or pursuant to
1913department administrative rule.
1914     Section 39.  Subsection (1) of section 479.01, Florida
1915Statutes, is amended to read:
1916     479.01  Definitions.--As used in this chapter, the term:
1917     (1)  "Automatic changeable facing" means a facing that
1918which through a mechanical system is capable of delivering two
1919or more advertising messages through an automated or remotely
1920controlled process and shall not rotate so rapidly as to cause
1921distraction to a motorist.
1922     Section 40.  Subsections (1), (5), and (9) of section
1923479.07, Florida Statutes, are amended to read:
1924     479.07  Sign permits.--
1925     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
1926person may not erect, operate, use, or maintain, or cause to be
1927erected, operated, used, or maintained, any sign on the State
1928Highway System outside an urban incorporated area, as defined in
1929s. 334.03(32), or on any portion of the interstate or federal-
1930aid primary highway system without first obtaining a permit for
1931the sign from the department and paying the annual fee as
1932provided in this section. For purposes of this section, "on any
1933portion of the State Highway System, interstate, or federal-aid
1934primary system" shall mean a sign located within the controlled
1935area which is visible from any portion of the main-traveled way
1936of such system.
1937     (5)(a)  For each permit issued, the department shall
1938furnish to the applicant a serially numbered permanent metal
1939permit tag. The permittee is responsible for maintaining a valid
1940permit tag on each permitted sign facing at all times. The tag
1941shall be securely attached to the sign facing or, if there is no
1942facing, on the pole nearest the highway; and it shall be
1943attached in such a manner as to be plainly visible from the
1944main-traveled way. Effective July 1, 2011, the tag shall be
1945securely attached to the upper 50 percent of the pole nearest
1946the highway and shall be attached in such a manner as to be
1947plainly visible from the main-traveled way. The permit will
1948become void unless the permit tag is properly and permanently
1949displayed at the permitted site within 30 days after the date of
1950permit issuance. If the permittee fails to erect a completed
1951sign on the permitted site within 270 days after the date on
1952which the permit was issued, the permit will be void, and the
1953department may not issue a new permit to that permittee for the
1954same location for 270 days after the date on which the permit
1955became void.
1956     (b)  If a permit tag is lost, stolen, or destroyed, the
1957permittee to whom the tag was issued may must apply to the
1958department for a replacement tag. The department shall establish
1959by rule a service fee for replacement tags in an amount that
1960will recover the actual cost of providing the replacement tag.
1961Upon receipt of the application accompanied by the a service fee
1962of $3, the department shall issue a replacement permit tag.
1963Alternatively, the permittee may provide its own replacement tag
1964pursuant to department specifications which the department shall
1965establish by rule at the time it establishes the service fee for
1966replacement tags.
1967     (9)(a)  A permit shall not be granted for any sign for
1968which a permit had not been granted by the effective date of
1969this act unless such sign is located at least:
1970     1.  One thousand five hundred feet from any other permitted
1971sign on the same side of the highway, if on an interstate
1972highway.
1973     2.  One thousand feet from any other permitted sign on the
1974same side of the highway, if on a federal-aid primary highway.
1975
1976The minimum spacing provided in this paragraph does not preclude
1977the permitting of V-type, back-to-back, side-to-side, stacked,
1978or double-faced signs at the permitted sign site. If a sign is
1979visible from the controlled area of more than one highway
1980subject to the jurisdiction of the department, the sign shall
1981meet the permitting requirements of, and, if the sign meets the
1982applicable permitting requirements, be permitted to, the highway
1983with the more stringent permitting requirements.
1984     (b)  A permit shall not be granted for a sign pursuant to
1985this chapter to locate such sign on any portion of the
1986interstate or federal-aid primary highway system, which sign:
1987     1.  Exceeds 50 feet in sign structure height above the
1988crown of the main-traveled way, if outside an incorporated area;
1989     2.  Exceeds 65 feet in sign structure height above the
1990crown of the main-traveled way, if inside an incorporated area;
1991or
1992     3.  Exceeds 950 square feet of sign facing including all
1993embellishments.
1994     (c)  Notwithstanding subparagraph (a)1., there is
1995established a pilot program in Orange, Hillsborough, and Osceola
1996Counties, and within the boundaries of the City of Miami, under
1997which the distance between permitted signs on the same side of
1998an interstate highway may be reduced to 1,000 feet if all other
1999requirements of this chapter are met and if:
2000     1.  The local government has adopted a plan, program,
2001resolution, ordinance, or other policy encouraging the voluntary
2002removal of signs in a downtown, historic, redevelopment, infill,
2003or other designated area which also provides for a new or
2004replacement sign to be erected on an interstate highway within
2005that jurisdiction if a sign in the designated area is removed;
2006     2.  The sign owner and the local government mutually agree
2007to the terms of the removal and replacement; and
2008     3.  The local government notifies the department of its
2009intention to allow such removal and replacement as agreed upon
2010pursuant to subparagraph 2.
2011
2012The department shall maintain statistics tracking the use of the
2013provisions of this pilot program based on the notifications
2014received by the department from local governments under this
2015paragraph.
2016     Section 41.  Section 479.08, Florida Statutes, is amended
2017to read:
2018     479.08  Denial or revocation of permit.--The department has
2019the authority to deny or revoke any permit requested or granted
2020under this chapter in any case in which it determines that the
2021application for the permit contains knowingly false or knowingly
2022misleading information. The department has the authority to
2023revoke any permit granted under this chapter in any case in
2024which or that the permittee has violated any of the provisions
2025of this chapter, unless such permittee, within 30 days after the
2026receipt of notice by the department, corrects such false or
2027misleading information and complies with the provisions of this
2028chapter. For the purpose of this section, the notice of
2029violation issued by the department shall describe in detail the
2030alleged violation. Any person aggrieved by any action of the
2031department in denying or revoking a permit under this chapter
2032may, within 30 days after receipt of the notice, apply to the
2033department for an administrative hearing pursuant to chapter
2034120. If a timely request for hearing has been filed and the
2035department issues a final order revoking a permit, such
2036revocation shall be effective 30 days after the date of
2037rendition. Except for department action pursuant to s.
2038479.107(1), the filing of a timely and proper notice of appeal
2039shall operate to stay the revocation until the department's
2040action is upheld.
2041     Section 42.  Section 479.156, Florida Statutes, is amended
2042to read:
2043     479.156  Wall murals.--Notwithstanding any other provision
2044of this chapter, a municipality or county may permit and
2045regulate wall murals within areas designated by such government.
2046If a municipality or county permits wall murals, a wall mural
2047that displays a commercial message and is within 660 feet of the
2048nearest edge of the right-of-way within an area adjacent to the
2049interstate highway system or the federal-aid primary highway
2050system shall be located in an area that is zoned for industrial
2051or commercial use and the municipality or county shall establish
2052and enforce regulations for such areas that, at a minimum, set
2053forth criteria governing the size, lighting, and spacing of wall
2054murals consistent with the intent of the Highway Beautification
2055Act of 1965 and with customary use. Whenever a municipality or
2056county exercises such control and makes a determination of
2057customary use, pursuant to 23 U.S.C. s. 131(d), such
2058determination shall be accepted in lieu of controls in the
2059agreement between the state and the United States Department of
2060Transportation, and the Department of Transportation shall
2061notify the Federal Highway Administration pursuant to the
2062agreement, 23 U.S.C. s. 131(d), and 23 C.F.R. s. 750.706(c). A
2063wall mural that is subject to municipal or county regulation and
2064the Highway Beautification Act of 1965 must be approved by the
2065Department of Transportation and the Federal Highway
2066Administration where required by federal law and federal
2067regulation pursuant to and may not violate the agreement between
2068the state and the United States Department of Transportation and
2069or violate federal regulations enforced by the Department of
2070Transportation under s. 479.02(1). The existence of a wall mural
2071as defined in s. 479.01(27) shall not be considered in
2072determining whether a sign as defined in s. 479.01(17), either
2073existing or new, is in compliance with s. 479.07(9)(a).
2074     Section 43.  Subsections (1), (3), (4), and (5) of section
2075479.261, Florida Statutes, are amended to read:
2076     479.261  Logo sign program.--
2077     (1)  The department shall establish a logo sign program for
2078the rights-of-way of the interstate highway system to provide
2079information to motorists about available gas, food, lodging, and
2080camping, attractions, and other services, as approved by the
2081Federal Highway Administration, at interchanges, through the use
2082of business logos, and may include additional interchanges under
2083the program. A logo sign for nearby attractions may be added to
2084this program if allowed by federal rules.
2085     (a)  An attraction as used in this chapter is defined as an
2086establishment, site, facility, or landmark that which is open a
2087minimum of 5 days a week for 52 weeks a year; that which charges
2088an admission for entry; which has as its principal focus family-
2089oriented entertainment, cultural, educational, recreational,
2090scientific, or historical activities; and that which is publicly
2091recognized as a bona fide tourist attraction. However, the
2092permits for businesses seeking to participate in the attractions
2093logo sign program shall be awarded by the department annually to
2094the highest bidders, notwithstanding the limitation on fees in
2095subsection (5), which are qualified for available space at each
2096qualified location, but the fees therefor may not be less than
2097the fees established for logo participants in other logo
2098categories.
2099     (b)  The department shall incorporate the use of RV-
2100friendly markers on specific information logo signs for
2101establishments that cater to the needs of persons driving
2102recreational vehicles. Establishments that qualify for
2103participation in the specific information logo program and that
2104also qualify as "RV-friendly" may request the RV-friendly marker
2105on their specific information logo sign. An RV-friendly marker
2106must consist of a design approved by the Federal Highway
2107Administration. The department shall adopt rules in accordance
2108with chapter 120 to administer this paragraph, including rules
2109setting forth the minimum requirements that establishments must
2110meet in order to qualify as RV-friendly. These requirements
2111shall include large parking spaces, entrances, and exits that
2112can easily accommodate recreational vehicles and facilities
2113having appropriate overhead clearances, if applicable.
2114     (c)  The department may implement a 3-year rotation-based
2115logo program providing for the removal and addition of
2116participating businesses in the program.
2117     (3)  Logo signs may be installed upon the issuance of an
2118annual permit by the department or its agent and payment of a an
2119application and permit fee to the department or its agent.
2120     (4)  The department may contract pursuant to s. 287.057 for
2121the provision of services related to the logo sign program,
2122including recruitment and qualification of businesses, review of
2123applications, permit issuance, and fabrication, installation,
2124and maintenance of logo signs. The department may reject all
2125proposals and seek another request for proposals or otherwise
2126perform the work. If the department contracts for the provision
2127of services for the logo sign program, the contract must
2128require, unless the business owner declines, that businesses
2129that previously entered into agreements with the department to
2130privately fund logo sign construction and installation be
2131reimbursed by the contractor for the cost of the signs which has
2132not been recovered through a previously agreed upon waiver of
2133fees. The contract also may allow the contractor to retain a
2134portion of the annual fees as compensation for its services.
2135     (5)  Permit fees for businesses that participate in the
2136program must be established in an amount sufficient to offset
2137the total cost to the department for the program, including
2138contract costs. The department shall provide the services in the
2139most efficient and cost-effective manner through department
2140staff or by contracting for some or all of the services. The
2141department shall adopt rules that set reasonable rates based
2142upon factors such as population, traffic volume, market demand,
2143and costs for annual permit fees. However, annual permit fees
2144for sign locations inside an urban area, as defined in s.
2145334.03(32), may not exceed $5,000 and annual permit fees for
2146sign locations outside an urban area, as defined in s.
2147334.03(32), may not exceed $2,500. After recovering program
2148costs, the proceeds from the logo program shall be deposited
2149into the State Transportation Trust Fund and used for
2150transportation purposes. Such annual permit fee shall not exceed
2151$1,250.
2152     Section 44.  Business partnerships; display of names.--
2153     (1)  School districts are encouraged to partner with local
2154businesses for the purposes of mentorship opportunities,
2155development of employment options and additional funding
2156sources, and other mutual benefits.
2157     (2)  As a pilot program through June 30, 2011, the Palm
2158Beach County School District may publicly display the names and
2159recognitions of their business partners on school district
2160property in unincorporated areas. Examples of appropriate
2161business partner recognition include "Project Graduation" and
2162athletic sponsorships. The district shall make every effort to
2163display business partner names in a manner that is consistent
2164with the county standards for uniformity in size, color, and
2165placement of the signs. Whenever the provisions of this section
2166are inconsistent with the provisions of the county ordinances or
2167regulations relating to signs or the provisions of chapter 125,
2168chapter 166, or chapter 479, Florida Statutes, in the
2169unincorporated areas, the provisions of this section shall
2170prevail.
2171     Section 45.  Notwithstanding any provision of chapter 74-
2172400, Laws of Florida, public funds may be used for the
2173alteration of Old Cutler Road, between Southwest 136th Street
2174and Southwest 184th Street, in the Village of Palmetto Bay.
2175     (1)  The alteration may include the installation of
2176sidewalks, curbing, and landscaping to enhance pedestrian access
2177to the road.
2178     (2)  The official approval of the project by the Department
2179of State must be obtained before any alteration is started.
2180     Section 46.  Subsection (1) of section 120.52, Florida
2181Statutes, is amended to read:
2182     120.52  Definitions.--As used in this act:
2183     (1)  "Agency" means:
2184     (a)  The Governor in the exercise of all executive powers
2185other than those derived from the constitution.
2186     (b)  Each:
2187     1.  State officer and state department, and each
2188departmental unit described in s. 20.04.
2189     2.  Authority, including a regional water supply authority.
2190     3.  Board, including the Board of Governors of the State
2191University System and a state university board of trustees when
2192acting pursuant to statutory authority derived from the
2193Legislature.
2194     4.  Commission, including the Commission on Ethics and the
2195Fish and Wildlife Conservation Commission when acting pursuant
2196to statutory authority derived from the Legislature.
2197     5.  Regional planning agency.
2198     6.  Multicounty special district with a majority of its
2199governing board comprised of nonelected persons.
2200     7.  Educational units.
2201     8.  Entity described in chapters 163, 373, 380, and 582 and
2202s. 186.504.
2203     (c)  Each other unit of government in the state, including
2204counties and municipalities, to the extent they are expressly
2205made subject to this act by general or special law or existing
2206judicial decisions.
2207
2208This definition does not include any legal entity or agency
2209created in whole or in part pursuant to chapter 361, part II,
2210any metropolitan planning organization created pursuant to s.
2211339.175, any separate legal or administrative entity created
2212pursuant to s. 339.175 of which a metropolitan planning
2213organization is a member, an expressway authority pursuant to
2214chapter 348 or any transportation authority under chapter 343 or
2215chapter 349, any legal or administrative entity created by an
2216interlocal agreement pursuant to s. 163.01(7), unless any party
2217to such agreement is otherwise an agency as defined in this
2218subsection, or any multicounty special district with a majority
2219of its governing board comprised of elected persons; however,
2220this definition shall include a regional water supply authority.
2221     Section 47.  The Legislature directs the Department of
2222Transportation to establish an approved transportation
2223methodology which recognizes that a planned, sustainable
2224development of regional impact will likely achieve an internal
2225capture rate greater than 30 percent when fully developed. The
2226transportation methodology must use a regional transportation
2227model that incorporates professionally accepted modeling
2228techniques applicable to well-planned, sustainable communities
2229of the size, location, mix of uses, and design features
2230consistent with such communities. The adopted transportation
2231methodology shall serve as the basis for sustainable development
2232traffic impact assessments by the department. The methodology
2233review must be completed and in use by March 1, 2009.
2234     Section 48.  Except as otherwise expressly provided in this
2235act, this act shall take effect upon becoming a law.
2236
2237
2238
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2239
T I T L E  A M E N D M E N T
2240     Remove line 5 and insert:
2241corridor; amending s. 20.23, F.S.; providing for the salary and
2242benefits of the executive director of the Florida Transportation
2243Commission to be set in accordance with the Senior Management
2244Service; amending s. 125.42, F.S.; providing for counties to
2245incur certain costs related to relocation or removal of certain
2246utility facilities under specified circumstances; amending s.
2247163.3177, F.S.; revising requirements for comprehensive plans;
2248providing a timeframe for submission of certain information to
2249the state land planning agency; providing for airports, land
2250adjacent to airports, and certain interlocal agreements relating
2251thereto in certain elements of the plan; amending s. 163.3178,
2252F.S.; providing that certain port-related facilities are not
2253developments of regional impact under certain circumstances;
2254amending s. 163.3182, F.S., relating to transportation
2255concurrency backlog authorities; providing legislative findings
2256and declarations; expanding the power of authorities to borrow
2257money to include issuing certain debt obligations; providing a
2258maximum maturity date for certain debt incurred to finance or
2259refinance certain transportation concurrency backlog projects;
2260authorizing authorities to continue operations and administer
2261certain trust funds for the period of the remaining outstanding
2262debt; requiring local transportation concurrency backlog trust
2263funds to continue to be funded for certain purposes; providing
2264for increased ad valorem tax increment funding for such trust
2265funds under certain circumstances; revising provisions for
2266dissolution of an authority; amending s. 287.055, F.S.;
2267conforming a cross-reference; amending s. 316.0741, F.S.;
2268redefining the term "hybrid vehicle"; authorizing the driving of
2269a hybrid, low-emission, or energy-efficient vehicle in a high-
2270occupancy-vehicle lane regardless of occupancy; requiring
2271certain vehicles to comply with specified federal standards to
2272be driven in an HOV lane regardless of occupancy; revising
2273provisions for issuance of a decal and certificate; providing
2274for the Department of Highway Safety and Motor Vehicles to limit
2275or discontinue issuance of decals for the use of HOV facilities
2276by hybrid and low-emission and energy-efficient vehicles under
2277certain circumstances; directing the department to review a
2278specified federal rule and make a report to the Legislature;
2279exempting certain vehicles from the payment of certain tolls;
2280amending s. 316.193, F.S.; revising the prohibition against
2281driving under the influence of alcohol; revising the blood-
2282alcohol or breath-alcohol level at which certain penalties
2283apply; revising requirement for placement of an ignition
2284interlock device; amending s. 316.302, F.S.; revising references
2285to rules, regulations, and criteria governing commercial motor
2286vehicles engaged in intrastate commerce; providing that the
2287department performs duties assigned to the Field Administrator
2288of the Federal Motor Carrier Safety Administration under the
2289federal rules and may enforce those rules; amending ss. 316.613
2290and 316.614, F.S.; revising the definition of "motor vehicle"
2291for purposes of child restraint and safety belt usage
2292requirements; amending s. 316.656, F.S.; revising the
2293prohibition against a judge accepting a plea to a lesser offense
2294from a person charged under certain DUI provisions; revising the
2295blood-alcohol or breath-alcohol level at which the prohibition
2296applies; amending s. 322.64, F.S.; providing that refusal to
2297submit to a breath, urine, or blood test disqualifies a person
2298from operating a commercial motor vehicle; providing a period of
2299disqualification if a person has an unlawful blood-alcohol or
2300breath-alcohol level; providing for issuance of a notice of
2301disqualification; revising the requirements for a formal review
2302hearing following a person's disqualification from operating a
2303commercial motor vehicle; providing that a county, municipality,
2304or special district may not own or operate an asphalt plant or a
2305portable or stationary concrete batch plant having an
2306independent mixer; provides exemptions; amending s. 337.0261,
2307F.S.; revising the sunset date for the Strategic Aggregate
2308Review Task Force; amending s. 337.11, F.S.; providing for the
2309department to pay a portion of certain proposal development
2310costs; requiring the department to advertise certain contracts
2311as design-build contracts; amending ss. 337.14 and 337.16, F.S.;
2312conforming cross-references; amending s. 337.18, F.S.; requiring
2313the contractor to maintain a copy of the required payment and
2314performance bond at certain locations and provide a copy upon
2315request; providing that a copy may be obtained directly from the
2316department; removing a provision requiring a copy be recorded in
2317the public records of the county; amending s. 337.185, F.S.;
2318providing for the State Arbitration Board to arbitrate certain
2319claims relating to maintenance contracts; providing for a member
2320of the board to be elected by maintenance companies as well as
2321construction companies; amending s. 337.403, F.S.; providing for
2322the department or local governmental entity to pay certain costs
2323of removal or relocation of a utility facility that is found to
2324be interfering with the use, maintenance, improvement,
2325extension, or expansion of a public road or publicly owned rail
2326corridor under described circumstances; amending s. 337.408,
2327F.S.; providing for public pay telephones and advertising
2328thereon to be installed within the right-of-way limits of any
2329municipal, county, or state road; amending s. 338.01, F.S.;
2330requiring new and replacement electronic toll collection systems
2331to be interoperable with the department's system; amending s.
2332338.165, F.S.; providing that provisions requiring the
2333continuation of tolls following the discharge of bond
2334indebtedness does not apply to high-occupancy toll lanes or
2335express lanes; creating s. 338.166, F.S.; authorizing the
2336department to request that bonds be issued which are secured by
2337toll revenues from high-occupancy toll or express lanes in a
2338specified location; providing for the department to continue to
2339collect tolls after discharge of indebtedness; authorizing the
2340use of excess toll revenues for improvements to the State
2341Highway System; authorizing the implementation of variable rate
2342tolls on high-occupancy toll lanes or express lanes; amending s.
2343338.2216, F.S.; directing the Florida Turnpike Enterprise to
2344implement new technologies and processes in its operations and
2345collection of tolls and other amounts; providing contract bid
2346requirements for fuel and food on the turnpike system; amending
2347s. 338.223, F.S.; conforming a cross-reference; amending s.
2348338.231, F.S.; revising provisions for establishing and
2349collecting tolls; authorizing collection of amounts to cover
2350costs of toll collection and payment methods; requiring public
2351notice and hearing; amending s. 339.12, F.S.; revising
2352requirements for aid and contributions by governmental entities
2353for transportation projects; revising limits under which the
2354department may enter into an agreement with a county for a
2355project or project phase not in the adopted work program;
2356authorizing the department to enter into certain long-term
2357repayment agreements; amending s. 339.135, F.S.; revising
2358certain notice provisions that require the Department of
2359Transportation to notify local governments regarding amendments
2360to an adopted 5-year work program; amending s. 339.155, F.S.;
2361revising provisions for development of the Florida
2362Transportation Plan; amending s. 339.2816, F.S., relating to the
2363small county road assistance program; providing for resumption
2364of certain funding for the program; revising the criteria for
2365counties eligible to participate in the program; amending ss.
2366339.2819 and 339.285, F.S.; conforming cross-references;
2367repealing part III of ch. 343 F.S.; abolishing the Tampa Bay
2368Commuter Transit Authority; amending s. 348.0003, F.S.;
2369providing for financial disclosure for expressway,
2370transportation, bridge, and toll authorities; amending s.
2371348.0004, F.S.; providing for certain expressway authorities to
2372index toll rate increases; amending s. 479.01, F.S.; revising
2373provisions for outdoor advertising; revising the definition of
2374the term "automatic changeable facing"; amending s. 479.07,
2375F.S.; revising a prohibition against signs on the State Highway
2376System; revising requirements for display of the sign permit
2377tag; directing the department to establish by rule a fee for
2378furnishing a replacement permit tag; revising the pilot project
2379for permitted signs to include Hillsborough County and areas
2380within the boundaries of the City of Miami; amending s. 479.08,
2381F.S.; revising provisions for denial or revocation of a sign
2382permit; amending s. 479.156, F.S.; modifying local government
2383control of the regulation of wall murals adjacent to certain
2384federal highways; amending s. 479.261, F.S.; revising
2385requirements for the logo sign program of the interstate highway
2386system; deleting provisions providing for permits to be awarded
2387to the highest bidders; requiring the department to implement a
2388rotation-based logo program; requiring the department to adopt
2389rules that set reasonable rates based on certain factors for
2390annual permit fees; requiring that such fees not exceed a
2391certain amount for sign locations inside and outside an urban
2392area; creating a business partnership pilot program; authorizing
2393the Palm Beach County School District to display names of
2394business partners on district property in unincorporated areas;
2395exempting the program from specified provisions; authorizing the
2396expenditure of public funds for certain alterations of Old
2397Cutler Road in the Village of Palmetto Bay; requiring the
2398official approval of the Department of State before any
2399alterations may begin; amending s. 120.52, F.S.; revising a
2400definition; directing the Department of Transportation to
2401establish an approved transportation methodology for certain
2402purpose; providing requirements; providing effective dates.
2403


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