Florida Senate - 2012                             CS for SB 1866
       
       
       
       By the Committee on Transportation; and Senator Latvala
       
       
       
       
       596-02889-12                                          20121866c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Transportation;
    3         amending s. 20.23, F.S.; providing that the district
    4         secretaries and the executive directors of the
    5         Department of Transportation may be registered
    6         professional engineers in accordance with the laws of
    7         another state; deleting obsolete provisions;
    8         authorizing the department to maintain training
    9         programs for employees; authorizing incremental
   10         increases to base salary for successful completion of
   11         training phases; amending s. 206.41, F.S.; revising
   12         the definition of the term “agricultural and
   13         aquacultural purposes” for the purpose of obtaining a
   14         refund of the state motor fuel tax; amending s.
   15         282.0041, F.S.; revising the definition of the term
   16         “agency” under part I of ch. 282, F.S., to exclude the
   17         Office of Toll Operations of the Florida Turnpike
   18         Enterprise; amending s. 282.0055, F.S.; exempting the
   19         Office of Toll Operations and the Florida Turnpike
   20         Enterprise from state information technology
   21         management efforts; amending s. 282.201, F.S.;
   22         removing the department’s toll offices from the
   23         schedule for consolidating agency data centers during
   24         the 2014-2015 fiscal year; providing a directive to
   25         the Division of Statutory Revision; amending s.
   26         311.07, F.S.; increasing funding for the Florida
   27         Seaport Transportation and Economic Development
   28         Program; requiring the program’s council to develop
   29         guidelines for program funding; revising the list of
   30         projects eligible for program funding; deleting a cap
   31         on distribution of program funds to eligible ports;
   32         amending s. 311.09, F.S.; revising the rule criteria
   33         for evaluating a potential Florida Seaport
   34         Transportation and Economic Development Council
   35         project; deleting provisions relating to project
   36         review by the Department of Community Affairs;
   37         requiring projects to be consistent with the Statewide
   38         Seaport and Waterways System Plan; revising the
   39         criteria used by the Department of Transportation and
   40         the Department of Economic Opportunity to review
   41         project applications approved by the council;
   42         increasing the amount of funding the Department of
   43         Transportation is required to include in its annual
   44         legislative budget request for the Florida Seaport
   45         Transportation and Economic Development grant program;
   46         creating s. 311.10, F.S.; establishing the Strategic
   47         Port Investment Initiative within the department;
   48         providing annual funding from the State Transportation
   49         Trust Fund; directing the department to work with
   50         deepwater ports to develop and maintain a specified
   51         priority list of strategic investment projects;
   52         providing project selection criteria; requiring the
   53         department to schedule a publicly noticed workshop
   54         with the Department of Economic Opportunity and the
   55         deepwater ports to review proposed projects; directing
   56         the department to include seaport projects proposed
   57         for funding in the tentative work program; excluding
   58         project funding from the requirement that a minimum of
   59         15 percent of state revenues deposited into the State
   60         Transportation Fund be committed to specified public
   61         transportation projects; creating s. 311.101, F.S.;
   62         establishing the Intermodal Logistics Center
   63         Infrastructure Support Program within the department
   64         to fund projects conveying or shipping goods through a
   65         seaport; defining the term “intermodal logistics
   66         center”; providing project criteria; providing for
   67         funding; authorizing the department to adopt rules;
   68         amending s. 311.14, F.S.; directing the department to
   69         develop a Statewide Seaport and Waterways System Plan;
   70         deleting provisions relating to the development and
   71         integration of freight mobility and trade corridor
   72         plans; amending s. 311.22, F.S.; conforming a cross
   73         reference; amending s. 316.003, F.S.; revising the
   74         definition of the term “motor vehicle” for purposes of
   75         the payment of tolls; amending s. 316.091, F.S.;
   76         revising provisions relating to prohibitions against
   77         operating a human-operated vehicle on a limited access
   78         highway; authorizing the department and expressway
   79         authorities to designate the use of shoulders of
   80         limited access facilities and interstate highways for
   81         vehicular traffic under certain conditions; requiring
   82         the department to establish a pilot program to open
   83         certain limited access highways and bridges to
   84         bicycles and other human-powered vehicles; providing
   85         requirements for the program; requiring a report;
   86         amending s. 316.1001, F.S.; revising provisions
   87         relating to mailing citations for failing to pay a
   88         toll; amending s. 316.2122, F.S.; deleting a cross
   89         reference; amending s. 316.515, F.S.; revising
   90         provisions related to the maximum allowed length of
   91         straight truck-trailer combinations; revising
   92         provisions relating to farm equipment; amending s.
   93         318.12, F.S.; conforming provisions to changes made by
   94         the act; amending s. 320.01, F.S.; revising the
   95         definition of the term “low-speed vehicle”; amending
   96         s. 320.20, F.S.; conforming provisions to changes made
   97         by the act; amending s. 332.08, F.S.; authorizing a
   98         municipality participating in the Federal Aviation
   99         Administration’s pilot program on the private
  100         ownership of airports to lease or sell airport
  101         property to a private party; providing for department
  102         approval under certain conditions; reordering and
  103         amending s. 334.03, F.S.; revising definitions for
  104         purposes of the Florida Transportation Code; amending
  105         s. 334.044, F.S.; revising the powers and duties of
  106         the department relating to jurisdictional
  107         responsibility, the designation of facilities, and
  108         highway landscaping, and adding a duty to develop
  109         freight mobility and trade plans; amending s. 334.047,
  110         F.S.; deleting a prohibition preventing the department
  111         from establishing a maximum number of miles of urban
  112         principal arterial roads; amending s. 335.02, F.S.;
  113         revising references to conform to the incorporation of
  114         the Florida Intrastate Highway System into the
  115         Strategic Intermodal System; amending s. 335.074,
  116         F.S.; requiring the governmental entity having
  117         maintenance responsibility for a bridge to reduce the
  118         maximum limits for the bridge in accordance with a
  119         bridge inspection report and post such limits as
  120         specified; requiring the governmental entity to
  121         immediately close a bridge if recommended in the
  122         report; amending s. 335.17, F.S., relating to highway
  123         construction noise abatement; clarifying project
  124         eligibility provisions governing noise abatement;
  125         updating a reference to a federal regulation; amending
  126         s. 336.021, F.S.; revising the date for levying
  127         certain fuel taxes; amending s. 336.025, F.S.;
  128         revising the date for levying certain fuel taxes;
  129         specifying certain transportation program
  130         expenditures; amending s. 337.11, F.S.; revising the
  131         department’s advertising requirements for bids on
  132         certain construction contracts; amending s. 337.111,
  133         F.S.; providing additional forms of security for the
  134         cost of removing or modifying monuments or memorials
  135         at highway rest areas; amending s. 337.125, F.S.;
  136         revising provisions relating to the submission of
  137         information documenting that a subcontract is with a
  138         disadvantaged business enterprise; repealing s.
  139         337.137, F.S., relating to subcontract limitations by
  140         socially and economically disadvantaged business
  141         enterprises; amending s. 337.139, F.S.; updating a
  142         reference to federal law as it relates to encouraging
  143         the award of contracts to socially and economically
  144         disadvantaged business enterprises; amending s.
  145         337.14, F.S.; specifying when an application for
  146         qualification to bid on a department contract is
  147         timely; authorizing certain applicants to submit
  148         reviewed annual or reviewed interim financial
  149         statements prepared by a certified public accountant;
  150         amending ss. 337.403 and 337.404, F.S.; clarifying
  151         provisions relating to responsibility for the work and
  152         costs for alleviating interference on a public road or
  153         publicly owned rail corridor caused by a utility
  154         facility; requiring the utility owner to initiate and
  155         complete the work necessary within a certain time
  156         period; requiring the local governmental authority to
  157         bear the costs of work on a utility facility that was
  158         initially installed to serve the governmental entity
  159         or its tenants; providing that the governmental entity
  160         is not responsible for the costs of utility work
  161         related to subsequent additions to the facility;
  162         requiring that the local governmental authority bear
  163         the costs of removing or relocating a utility facility
  164         under certain circumstances; providing for notice to
  165         the utility; revising provisions for payment of costs;
  166         revising provisions for completion of work when the
  167         utility owner does not perform the work; amending s.
  168         337.408, F.S.; revising provisions for certain
  169         facilities installed within the right-of-way limits of
  170         a road; requiring counties and municipalities to
  171         indemnify the department from certain claims relating
  172         to the installation, removal, or relocation of a
  173         noncompliant bench or shelter; authorizing the
  174         department to remove or relocate a noncompliant
  175         installation and charge the cost to the county or
  176         municipality; removing a provision for the replacement
  177         of an unusable transit bus bench that was in service
  178         before a certain date; providing a directive to the
  179         Division of Statutory Revision; repealing s. 338.001,
  180         F.S., relating to the Florida Intrastate Highway
  181         System Plan; amending s. 338.01, F.S.; clarifying
  182         provisions governing the designation and function of
  183         limited access facilities established by the
  184         department; authorizing the department or other
  185         governmental entity to retain an attorney or
  186         collection agent to collect unpaid tolls and add the
  187         cost of such services to the amount collected;
  188         creating s. 338.151, F.S.; authorizing the department
  189         to establish tolls on certain transportation
  190         facilities to pay for the cost of such project;
  191         amending s. 338.155, F.S.; authorizing the department
  192         to allow the use of certain toll facilities by certain
  193         vehicles without paying the tolls under certain
  194         circumstances; amending s. 338.161, F.S.; authorizing
  195         the department to enter in agreements with other
  196         entities for the use of the public or private toll
  197         facilities under certain circumstances; authorizing
  198         the department to modify its rules regarding toll
  199         collection procedures and the imposition of
  200         administrative charges for certain toll facilities;
  201         amending s. 338.166, F.S.; removing a location
  202         restriction on the issuing of bonds secured by toll
  203         revenues; restricting the use of remaining tolls
  204         revenues to the county or counties in which the
  205         revenues were collected or to support express bus
  206         service on the facility where the toll revenues were
  207         collected; amending s. 338.221, F.S.; revising the
  208         definition of the term “economically feasible” for
  209         purposes of proposed turnpike projects; amending s.
  210         338.223, F.S.; revising a provision relating to
  211         department requests for legislative approval of
  212         proposed turnpike projects; conforming a cross
  213         reference; amending s. 338.227, F.S.; replacing a
  214         reference to the Florida Intrastate Highway System
  215         Plan with a reference to the Strategic Intermodal
  216         System Plan; amending ss. 338.2275 and 338.228, F.S.;
  217         conforming cross-references; amending s. 338.231,
  218         F.S.; authorizing the department to assess an
  219         administrative fee as an account maintenance charge
  220         for inactive prepaid toll accounts; amending s.
  221         338.234, F.S.; replacing a reference to the Florida
  222         Intrastate Highway System with a reference to the
  223         Strategic Intermodal System; amending s. 339.0805,
  224         F.S.; revising provisions relating to the
  225         certification of socially and economically
  226         disadvantaged individuals; deleting provisions
  227         requiring a periodic disparity study; deleting
  228         obsolete provisions; revising the timeframe for
  229         notifying the department of any change in ownership of
  230         a qualifying individual or individuals; conforming
  231         provisions to changes made by the act; updating
  232         references to federal law; amending s. 339.135, F.S.;
  233         providing a cross-reference; revising threshold
  234         amounts for the review of amendments to the
  235         department’s adopted work program; directing the
  236         department to index the budget amendment threshold
  237         amounts as specified; amending s. 339.155, F.S.;
  238         providing a cross-reference to federally required
  239         transportation planning factors; clarifying and
  240         revising provisions relating to the Florida
  241         Transportation Plan; deleting duplicative performance
  242         reporting requirements; amending s. 339.175, F.S.;
  243         revising provisions relating to the designation of
  244         metropolitan planning organizations for urbanized
  245         areas; revising provisions relating to representatives
  246         of the department who serve as nonvoting advisers to
  247         such organization; requiring metropolitan planning
  248         organizations in urbanized areas containing more than
  249         one organization to coordinate in the development of
  250         regionally significant project priorities; amending s.
  251         339.2819, F.S.; conforming cross-references; revising
  252         the state matching funds requirement for the
  253         Transportation Regional Incentive Program; requiring
  254         projects funded under the program to be included in
  255         the department’s work program; amending s. 339.285,
  256         F.S.; conforming a cross-reference; amending s.
  257         339.62, F.S.; replacing a reference to the Florida
  258         Intrastate Highway System with a reference to highway
  259         corridors; revising the facility component types;
  260         amending s. 339.63, F.S.; adding military access
  261         facilities to the types of facilities included in the
  262         Strategic Intermodal System and the Emerging Strategic
  263         Intermodal System; requiring that the Secretary of
  264         Transportation designate certain planned facilities as
  265         part of the Strategic Intermodal System; providing for
  266         such facilities to receive a waiver of the
  267         transportation concurrency requirements under certain
  268         circumstances; amending s. 339.64, F.S.; deleting
  269         provisions creating the Statewide Intermodal
  270         Transportation Advisory Council; creating s. 339.65,
  271         F.S.; requiring the department to plan and develop
  272         Strategic Intermodal System highway corridors to aid
  273         traffic movement; specifying components of the system;
  274         requiring the department to follow specified policy
  275         guidelines when developing the corridors; requiring
  276         the department to develop a plan for corridor
  277         projects; specifying an appropriation amount for
  278         developing the corridor; requiring strategic highway
  279         projects to be a part of the department’s adopted work
  280         program; amending s. 341.053, F.S.; replacing a
  281         reference to the Florida Intrastate Highway System
  282         with a reference to the Strategic Intermodal System;
  283         amending s. 341.840, F.S., relating to tax exemptions
  284         in connection with the high-speed rail system;
  285         replacing obsolete references to the “authority” with
  286         references to the “department”; amending s. 343.53,
  287         F.S.; revising the membership of the board of the
  288         authority; transferring control of the Mid-Bay Bridge
  289         Authority system to the Florida Turnpike Enterprise;
  290         transferring all assets, rights, powers, duties, and
  291         bond liabilities of the authority to the turnpike
  292         enterprise; transferring all provisions that protect
  293         the rights of certain bondholders from the authority
  294         to the turnpike enterprise; providing for the turnpike
  295         enterprise to annually transfer funds from the
  296         activities of the transferred authority to the State
  297         Transportation Trust Fund to repay certain long-term
  298         debt; requiring that specific toll revenue be used for
  299         the construction, maintenance, or improvement of
  300         certain toll facilities of the turnpike enterprise;
  301         amending s. 348.0003, F.S.; removing members of the
  302         governing body of the Jacksonville Transportation
  303         Authority from those entities required to comply with
  304         certain constitutional financial disclosure
  305         requirements; amending s. 348.0004, F.S.; removing
  306         provisions qualifying funding received by an authority
  307         from a portion of the county gasoline tax funds;
  308         amending s. 348.0005, F.S.; providing criteria under
  309         which bonds may be issued; providing an exception to
  310         the application of certain bond requirements; creating
  311         s. 348.0013, F.S., relating to expressway authorities
  312         created on or after a specified date; providing that
  313         the department is the agent for the purpose of
  314         performing all phases of constructing improvements to
  315         and extensions of an expressway system; requiring that
  316         the Division of Bond Finance and the authority provide
  317         certain construction documents to the department;
  318         providing for payment and the use of funds for the
  319         construction; requiring that an authority identify an
  320         expressway project in the authority’s work plan and
  321         submit the work plan along with its budget; requiring
  322         that the work plan include certain information;
  323         requiring that the department operate and maintain the
  324         expressway system; requiring that the costs incurred
  325         by the department be reimbursed from revenues of the
  326         expressway system; providing that an expressway system
  327         is part of the State Highway System; authorizing the
  328         authority to collect tolls, fees, and other charges;
  329         amending s. 348.52, F.S.; authorizing the Tampa
  330         Hillsborough County Expressway Authority to employ
  331         certain personnel; amending s. 348.54, F.S.; providing
  332         for the powers of the authority with respect to
  333         certain lease-purchase agreements; amending s.
  334         348.545, F.S.; conforming cross-references; amending
  335         s. 348.56, F.S.; restricting the authority’s ability
  336         to request the issuance of bonds; providing criteria
  337         for refunding bonds; prohibiting the authority from
  338         requesting the issuance of bonds having certain rights
  339         against the department; providing criteria for bonds
  340         issued on or after a certain date; amending s.
  341         348.565, F.S.; conforming provisions; removing from
  342         the list of approved projects for the Tampa
  343         Hillsborough County Expressway System the connector
  344         highway linking Lee Roy Selmon Crosstown Expressway to
  345         Interstate 4; amending s. 348.57, F.S., relating to
  346         refunding bonds; conforming references and provisions;
  347         amending s. 348.60, F.S.; providing that the Tampa
  348         Hillsborough County Expressway Authority is a party to
  349         lease-purchase agreements between the department and
  350         the authority which are dated on specified dates;
  351         prohibiting the authority from entering into other
  352         lease-purchase agreements or amending the lease
  353         purchase agreement unless the department determines an
  354         agreement or amendment is necessary to permit
  355         refunding of certain bonds; providing that the
  356         expressway system remains the property of the
  357         authority if the lease-purchase agreement terminates;
  358         providing that the authority remains obligated to
  359         reimburse the department if the agreement terminates;
  360         requiring that the department operate and maintain the
  361         system as the agent of the authority; creating s.
  362         348.615, F.S.; providing that the department is the
  363         agent of the authority for purposes of collecting
  364         tolls; authorizing the authority to establish tolls,
  365         fees, and other charges; amending s. 348.753, F.S.;
  366         authorizing the Orlando-Orange County Expressway
  367         Authority to contract with the Division of Bond
  368         Finance for certain financial services; amending s.
  369         348.754, F.S.; providing that the transportation
  370         authority is a party to specified lease-purchase
  371         agreements between the department and the authority;
  372         prohibiting the authority from entering into other
  373         lease-purchase agreements or amending a specified
  374         lease-purchase agreement; amending s. 348.7543, F.S.;
  375         conforming a cross-reference and revising provisions
  376         governing the issuance of bonds; amending ss. 348.7545
  377         and 348.7547, F.S.; conforming cross-references;
  378         amending s. 348.755, F.S.; restricting the authority’s
  379         ability to request the issuance of bonds; prohibiting
  380         the authority from requesting the issuance of
  381         refunding bonds under certain circumstances; providing
  382         conditions for issuing certain bonds; amending s.
  383         348.757, F.S.; limiting certain authorized lease
  384         purchase agreements; prohibiting the authority from
  385         entering into or amending certain lease-purchase
  386         agreements; providing for the termination of the
  387         department’s obligations under certain lease-purchase
  388         agreements; creating s. 348.7585, F.S.; providing that
  389         the department is the agent of the authority for
  390         purposes of collecting tolls; authorizing the
  391         authority to establish tolls, fees, and other charges;
  392         conforming provisions; amending s. 348.9952, F.S.;
  393         removing provisions authorizing the Osceola County
  394         Expressway Authority to employ a fiscal agent;
  395         repealing s. 348.9956, F.S., relating to the
  396         appointment of the department as the agent of the
  397         authority for construction; creating s. 348.99565,
  398         F.S.; providing that the department is the agent of
  399         the authority for purposes of performing all phases of
  400         constructing improvements and extensions to the
  401         Orlando-Orange County Expressway System; requiring
  402         that the Division of Bond Finance and the expressway
  403         authority provide construction documents to the
  404         department; providing for payment and use of funds for
  405         the construction; providing guidelines that the
  406         authority must follow if it proposes construction of
  407         an expressway; authorizing the authority to collect
  408         tolls, fees, and other charges; requiring the Florida
  409         Transportation Commission to study the potential costs
  410         savings of the department being the operating agent
  411         for certain expressway authorities; amending s.
  412         349.03, F.S.; requiring that members of the authority
  413         file a statement of financial interest with the
  414         Commission on Ethics as their mandatory financial
  415         disclosure; amending s. 349.04, F.S.; authorizing the
  416         Jacksonville Transportation Authority to conduct
  417         public meetings and workshops by means of media
  418         technology; amending s. 373.413, F.S.; providing
  419         legislative intent regarding flexibility in permitting
  420         stormwater management systems serving state
  421         transportation projects; requiring the cost of
  422         stormwater treatment for a transportation project to
  423         be balanced with benefits to the public; absolving the
  424         department of responsibility for the abatement of
  425         pollutants entering its stormwater facilities from
  426         offsite sources and from updating permits for adjacent
  427         lands impacted by right-of-way acquisition;
  428         authorizing the water management districts and the
  429         Department of Environmental Protection to adopt rules;
  430         amending s. 373.4137, F.S.; revising mitigation
  431         requirements for transportation projects to include
  432         other mitigation options; providing for the release of
  433         escrowed mitigation funds under certain circumstances;
  434         clarifying responsibility for mitigation projects;
  435         providing for the exclusion of projects from a
  436         mitigation plan upon the election of one or more
  437         agencies; amending s. 403.7211, F.S.; conforming
  438         provisions to changes made by the act; repealing s.
  439         479.28, F.S., relating to a rest area information or
  440         device program within the department; prohibiting the
  441         use of glass beads used for road markings which
  442         contain a certain amount of inorganic arsenic;
  443         providing penalties; authorizing the department to
  444         seek Federal Highway Administration approval of a
  445         tourist-oriented commerce sign pilot program and
  446         submit the approved program for legislative approval;
  447         providing for a review by the Pinellas Suncoast
  448         Transit Authority and the Hillsborough Area Regional
  449         Transit Authority to consider and identify
  450         opportunities and greater efficiency and service
  451         improvements for increasing connectivity between each
  452         authority; requiring a report to the Legislature;
  453         requiring the Tampa Bay Area Regional Transportation
  454         Authority to provide assistance; authorizing
  455         governmental units that regulate the operation of
  456         vehicles for public hire or other for-hire
  457         transportation to request and receive criminal history
  458         record information for the purpose of screening
  459         applicants; requiring that the costs associated with
  460         the transmittal and processing of such information be
  461         borne by the governmental unit, the employer, or the
  462         person who is the subject of the background check;
  463         providing an effective date.
  464  
  465  Be It Enacted by the Legislature of the State of Florida:
  466  
  467         Section 1. Paragraphs (a) and (b) of subsection (5) of
  468  section 20.23, Florida Statutes, are amended, and subsection (7)
  469  is added to that section, to read:
  470         20.23 Department of Transportation.—There is created a
  471  Department of Transportation which shall be a decentralized
  472  agency.
  473         (5)(a) The operations of the department shall be organized
  474  into seven districts, each headed by a district secretary, and a
  475  turnpike enterprise and a rail enterprise, each enterprise
  476  headed by an executive director. The district secretaries and
  477  the executive directors must shall be registered professional
  478  engineers in accordance with the provisions of chapter 471 or
  479  the laws of another state or, in lieu of professional engineer
  480  registration, a district secretary or executive director may
  481  hold an advanced degree in an appropriate related discipline,
  482  such as a Master of Business Administration. The headquarters of
  483  the districts shall be located in Polk, Columbia, Washington,
  484  Broward, Volusia, Miami-Dade, and Hillsborough Counties. The
  485  headquarters of the turnpike enterprise shall be located in
  486  Orange County. The headquarters of the rail enterprise shall be
  487  located in Leon County. In order to provide for efficient
  488  operations and to expedite the decisionmaking process, the
  489  department shall provide for maximum decentralization to the
  490  districts.
  491         (b) Each district secretary may appoint up to three
  492  district directors or, until July 1, 2005, each district
  493  secretary may appoint up to four district directors. These
  494  positions are exempt from part II of chapter 110.
  495         (7) The department may maintain training programs for
  496  department employees and prospective employees in order to
  497  provide:
  498         (a) Broad practical expertise in the field of
  499  transportation engineering leading to licensure as a
  500  professional engineer for those employees who are graduates from
  501  an approved engineering curriculum of 4 years or more in a
  502  school, college, or university approved by the Board of
  503  Professional Engineers.
  504         (b) Broad practical experience and enhanced knowledge in
  505  the areas of right-of-way acquisition, right-of-way property
  506  management, real estate appraisal, and business valuation.
  507  
  508  The training programs may provide for incremental increases to
  509  base salary for all employees enrolled in the programs who
  510  successfully complete training phases.
  511         Section 2. Paragraph (c) of subsection (4) of section
  512  206.41, Florida Statutes, is amended to read:
  513         206.41 State taxes imposed on motor fuel.—
  514         (4)
  515         (c)1. Any person who uses any motor fuel for agricultural,
  516  aquacultural, commercial fishing, or commercial aviation
  517  purposes on which fuel the tax imposed by paragraph (1)(e),
  518  paragraph (1)(f), or paragraph (1)(g) has been paid is entitled
  519  to a refund of such tax.
  520         2. As used in For the purposes of this paragraph, the term
  521  “agricultural and aquacultural purposes” means motor fuel used
  522  in any tractor, vehicle, or other farm equipment that which is
  523  used exclusively on a farm or for processing farm products on
  524  the farm, and no part of which fuel is used in any vehicle or
  525  equipment driven or operated upon the public highways of this
  526  state. This restriction does not apply to the movement of a farm
  527  vehicle, or farm equipment, citrus harvesting equipment, or
  528  citrus fruit loaders between farms. The transporting of bees by
  529  water and the operating of equipment used in the apiary of a
  530  beekeeper are shall be also deemed an agricultural purpose.
  531         3. As used in For the purposes of this paragraph, the term
  532  “commercial fishing and aquacultural purposes” means motor fuel
  533  used in the operation of boats, vessels, or equipment used
  534  exclusively for the taking of fish, crayfish, oysters, shrimp,
  535  or sponges from salt or fresh waters under the jurisdiction of
  536  the state for resale to the public, and no part of which fuel is
  537  used in any vehicle or equipment driven or operated upon the
  538  highways of this state; however, the term does not may in no way
  539  be construed to include fuel used for sport or pleasure fishing.
  540         4. As used in For the purposes of this paragraph, the term
  541  “commercial aviation purposes” means motor fuel used in the
  542  operation of aviation ground support vehicles or equipment, no
  543  part of which fuel is used in any vehicle or equipment driven or
  544  operated upon the public highways of this state.
  545         Section 3. Subsection (1) of section 282.0041, Florida
  546  Statutes, is amended to read:
  547         282.0041 Definitions.—As used in this chapter, the term:
  548         (1) “Agency” has the same meaning as in s. 216.011(1)(qq),
  549  except that for purposes of this chapter, “agency” does not
  550  include university boards of trustees, or state universities, or
  551  the Office of Toll Operations of the Florida Turnpike
  552  Enterprise.
  553         Section 4. Section 282.0055, Florida Statutes, is amended
  554  to read:
  555         282.0055 Assignment of information technology.—In order to
  556  ensure the most effective and efficient use of the state’s
  557  information technology and information technology resources and
  558  notwithstanding any other provisions of law to the contrary,
  559  policies for the design, planning, project management, and
  560  implementation of enterprise information technology services is
  561  shall be the responsibility of the Agency for Enterprise
  562  Information Technology for executive branch agencies created or
  563  authorized by law in statute to perform legislatively delegated
  564  functions. The supervision, design, delivery, and management of
  565  agency information technology remains shall remain within the
  566  responsibility and control of the individual state agency.
  567  Notwithstanding any other provision of law, information
  568  technology used in the Department of Transportation’s Office of
  569  Toll Operations or the Florida Turnpike Enterprise is exempt
  570  from this part.
  571         Section 5. Paragraph (h) of subsection (4) of section
  572  282.201, Florida Statutes, is amended to read:
  573         282.201 State data center system; agency duties and
  574  limitations.—A state data center system that includes all
  575  primary data centers, other nonprimary data centers, and
  576  computing facilities, and that provides an enterprise
  577  information technology service as defined in s. 282.0041, is
  578  established.
  579         (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
  580         (h) During the 2014-2015 fiscal year, the following
  581  agencies shall work with the Agency for Enterprise Information
  582  Technology to begin preliminary planning for consolidation into
  583  a primary data center:
  584         1. The Department of Health’s Jacksonville Lab Data Center.
  585         2. The Department of Transportation’s district offices,
  586  toll offices, and the District Materials Office.
  587         3. The Department of Military Affairs’ Camp Blanding Joint
  588  Training Center in Starke.
  589         4. The Department of Community Affairs’ Camp Blanding
  590  Emergency Operations Center in Starke.
  591         5. The Department of Education’s Division of Blind Services
  592  disaster recovery site in Daytona Beach.
  593         6. The Department of Education’s disaster recovery site at
  594  Santa Fe College.
  595         7. The Department of the Lottery’s Disaster Recovery Backup
  596  Data Center in Orlando.
  597         8. The Fish and Wildlife Conservation Commission’s Fish and
  598  Wildlife Research Institute in St. Petersburg.
  599         9. The Department of Children and Family Services’ Suncoast
  600  Data Center in Tampa.
  601         10. The Department of Children and Family Services’ Florida
  602  State Hospital in Chattahoochee.
  603         Section 6. The Division of Statutory Revision is requested
  604  to rename chapter 311, Florida Statutes, as “Seaport Facilities
  605  and Programs.”
  606         Section 7. Section 311.07, Florida Statutes, is amended to
  607  read:
  608         311.07 Florida seaport transportation and economic
  609  development funding.—
  610         (1) There is created the Florida Seaport Transportation and
  611  Economic Development (FSTED) Program within the Department of
  612  Transportation to finance port transportation or port facilities
  613  projects that will improve the movement and intermodal
  614  transportation of cargo or passengers in commerce and trade and
  615  that will support the interests, purposes, and requirements of
  616  all ports listed in s. 311.09(1) located in this state.
  617         (2) A minimum of $15 $8 million per year shall be made
  618  available from the State Transportation Trust Fund to fund the
  619  FSTED Florida Seaport Transportation and Economic Development
  620  Program. The Florida Seaport Transportation and Economic
  621  Development Council created in s. 311.09 shall develop
  622  guidelines for the use of project funding. Council staff, the
  623  Department of Transportation, and the Department of Economic
  624  Opportunity shall work cooperatively to review projects and
  625  allocate funds in accordance with the schedule for including
  626  projects in the Department of Transportation’s tentative work
  627  program developed pursuant to s. 339.135(4).
  628         (3)(a) FSTED Program funds shall be used to fund approved
  629  projects on a 50-50 matching basis with a any of the deepwater
  630  port ports, as listed in s. 311.09(1) 403.021(9)(b), which is
  631  governed by a public body or any other deepwater port which is
  632  governed by a public body and which comply complies with the
  633  water quality provisions of s. 403.061, the comprehensive master
  634  plan requirements of s. 163.3178(2)(k), and the local financial
  635  management and reporting provisions of part III of chapter 218.
  636  However, program funds used to fund projects that involve the
  637  rehabilitation of wharves, docks, berths, bulkheads, or similar
  638  structures shall require a 25-percent match of funds. Program
  639  funds also may be used by the Seaport Transportation and
  640  Economic Development Council for data and analysis to develop
  641  trade data information products which will assist the state’s
  642  Florida’s seaports and international trade.
  643         (b) Projects eligible for funding by grants under the
  644  program are limited to the following port facilities or port
  645  transportation projects:
  646         1. Transportation facilities within the jurisdiction of the
  647  port.
  648         2. The dredging or deepening of channels, turning basins,
  649  or harbors.
  650         3. The construction or rehabilitation of wharves, docks,
  651  structures, jetties, piers, storage facilities, cruise
  652  terminals, automated people mover systems, or any facilities
  653  necessary or useful in connection with any of the foregoing.
  654         4. The acquisition of vessel tracking systems, container
  655  cranes, or other mechanized equipment used in the movement of
  656  cargo or passengers in international commerce.
  657         5. The acquisition of land to be used for port purposes.
  658         6. The acquisition, improvement, enlargement, or extension
  659  of existing port facilities.
  660         7. Environmental protection projects that which are
  661  necessary because of requirements imposed by a state agency as a
  662  condition of a permit or other form of state approval; which are
  663  necessary for environmental mitigation required as a condition
  664  of a state, federal, or local environmental permit; which are
  665  necessary for the acquisition of spoil disposal sites and
  666  improvements to existing and future spoil sites; or which result
  667  from the funding of eligible projects listed in this paragraph.
  668         8. Transportation facilities as defined in s. 334.03(31)
  669  which are not otherwise part of the Department of
  670  Transportation’s adopted work program.
  671         9. Seaport Intermodal access projects identified in the 5
  672  year Florida Seaport Mission Plan as provided in s. 311.09(3).
  673         10. Construction or rehabilitation of port facilities as
  674  defined in s. 315.02, excluding any park or recreational
  675  facilities, in ports listed in s. 311.09(1) which have with
  676  operating revenues of $5 million or less, if provided that such
  677  projects create economic development opportunities, capital
  678  improvements, and positive financial returns to such ports.
  679         11. Seaport master plan or strategic plan development or
  680  updates, including the purchase of data to support such plans.
  681         (c) To be eligible for consideration by the council
  682  pursuant to this section, a project must be consistent with the
  683  port comprehensive master plan that which is incorporated as
  684  part of the approved local government comprehensive plan as
  685  required by s. 163.3178(2)(k) or other provisions of the
  686  Community Planning Act, part II of chapter 163.
  687         (4) A port eligible for matching funds under the program
  688  may receive a distribution of not more than $7 million during
  689  any 1 calendar year and a distribution of not more than $30
  690  million during any 5-calendar-year period.
  691         (4)(5) Any port that which receives funding under the
  692  program must shall institute procedures to ensure that jobs
  693  created as a result of the state funding are shall be subject to
  694  equal opportunity hiring practices in the manner provided in s.
  695  110.112.
  696         (5)(6) The Department of Transportation may shall subject
  697  any project that receives funds pursuant to this section and s.
  698  320.20 to a final audit. The department may adopt rules and
  699  perform such other acts as are necessary or convenient to ensure
  700  that the final audits are conducted and that any deficiency or
  701  questioned costs noted by the audit are resolved.
  702         Section 8. Subsection (1) and subsections (4) through (13)
  703  of section 311.09, Florida Statutes, are amended to read:
  704         311.09 Florida Seaport Transportation and Economic
  705  Development Council.—
  706         (1) The Florida Seaport Transportation and Economic
  707  Development (FSTED) Council is created within the Department of
  708  Transportation. The council consists of the following 17 18
  709  members: the port director, or the port director’s designee, of
  710  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
  711  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
  712  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
  713  West, and Fernandina; the Secretary of the Department of
  714  Transportation or his or her designee; and the executive
  715  director of the Department of Economic Opportunity or his or her
  716  designee.
  717         (4) The council shall adopt rules for evaluating projects
  718  that which may be funded under ss. 311.07 and 320.20. The rules
  719  must shall provide criteria for evaluating the potential
  720  project, including, but not limited to, consistency with
  721  appropriate plans, economic benefit, readiness for construction,
  722  noncompetition with other Florida ports, and capacity within the
  723  seaport system economic benefit of the project, measured by the
  724  potential for the proposed project to maintain or increase cargo
  725  flow, cruise passenger movement, international commerce, port
  726  revenues, and the number of jobs for the port’s local community.
  727         (5) The council shall review and approve or disapprove each
  728  project eligible to be funded pursuant to the FSTED Florida
  729  Seaport Transportation and Economic Development Program. The
  730  council shall annually submit to the Secretary of Transportation
  731  and the executive director of the Department of Economic
  732  Opportunity, or his or her designee, a list of projects that
  733  which have been approved by the council. The list must shall
  734  specify the recommended funding level for each project; and, if
  735  staged implementation of the project is appropriate, the funding
  736  requirements for each stage must shall be specified.
  737         (6) The Department of Community Affairs shall review the
  738  list of projects approved by the council to determine
  739  consistency with approved local government comprehensive plans
  740  of the units of local government in which the port is located
  741  and consistency with the port master plan. The Department of
  742  Community Affairs shall identify and notify the council of those
  743  projects which are not consistent, to the maximum extent
  744  feasible, with such comprehensive plans and port master plans.
  745         (6)(7) The Department of Transportation shall review the
  746  list of project applications projects approved by the council
  747  for consistency with the Florida Transportation Plan, the
  748  Statewide Seaport and Waterways System Plan, and the
  749  department’s adopted work program. In evaluating the consistency
  750  of a project, the department shall assess the transportation
  751  impacts and economic benefits for each project determine whether
  752  the transportation impact of the proposed project is adequately
  753  handled by existing state-owned transportation facilities or by
  754  the construction of additional state-owned transportation
  755  facilities as identified in the Florida Transportation Plan and
  756  the department’s adopted work program. In reviewing for
  757  consistency a transportation facility project as defined in s.
  758  334.03(31) which is not otherwise part of the department’s work
  759  program, the department shall evaluate whether the project is
  760  needed to provide for projected movement of cargo or passengers
  761  from the port to a state transportation facility or local road.
  762  If the project is needed to provide for projected movement of
  763  cargo or passengers, the project shall be approved for
  764  consistency as a consideration to facilitate the economic
  765  development and growth of the state in a timely manner. The
  766  Department of Transportation shall identify those projects that
  767  which are inconsistent with the Florida Transportation Plan, the
  768  Statewide Seaport and Waterways System Plan, or and the adopted
  769  work program and shall notify the council of projects found to
  770  be inconsistent.
  771         (7)(8) The Department of Economic Opportunity shall review
  772  the list of project applications projects approved by the
  773  council to evaluate the economic benefit of the project and to
  774  determine whether the project is consistent with the Florida
  775  Seaport Mission Plan and with state economic development goals
  776  and policies. The Department of Economic Opportunity shall
  777  evaluate the proposed project’s consistency with state,
  778  regional, and local plans, as appropriate, and review the
  779  economic benefits of each project based upon the rules adopted
  780  pursuant to subsection (4). The Department of Economic
  781  Opportunity shall identify those projects that which it has
  782  determined do not offer an economic benefit to the state, are
  783  not consistent with an appropriate plan, or are not consistent
  784  with the Florida Seaport Mission Plan or state economic
  785  development goals and policies and shall notify the council of
  786  its findings.
  787         (8)(9) The council shall review the findings of the
  788  Department of Economic Opportunity and the Department of
  789  Transportation. Projects found to be inconsistent under
  790  subsection pursuant to subsections (6) or subsection, (7), or
  791  and (8) and projects which have been determined not to offer an
  792  economic benefit to the state, may pursuant to subsection (8)
  793  shall not be included in the list of projects to be funded.
  794         (9)(10) The Department of Transportation shall include at
  795  least $15 million per year in its annual legislative budget
  796  request for the FSTED a Florida Seaport Transportation and
  797  Economic Development grant program funded under s. 311.07 for
  798  expenditure of funds of not less than $8 million per year. Such
  799  budget must shall include funding for projects approved by the
  800  council which have been determined by each agency to be
  801  consistent and which have been determined by the Department of
  802  Economic Opportunity to be economically beneficial. The
  803  department shall include the specific approved FSTED seaport
  804  projects to be funded under s. 311.07 this section during the
  805  ensuing fiscal year in the tentative work program developed
  806  pursuant to s. 339.135(4). The total amount of funding to be
  807  allocated to FSTED seaport projects under s. 311.07 during the
  808  successive 4 fiscal years must shall also be included in the
  809  tentative work program developed pursuant to s. 339.135(4). The
  810  council may submit to the department a list of approved projects
  811  that could be made production-ready within the next 2 years. The
  812  list shall be submitted by the department as part of the needs
  813  and project list prepared pursuant to s. 339.135(2)(b). However,
  814  the department shall, upon written request of the Florida
  815  Seaport Transportation and Economic Development council, submit
  816  work program amendments pursuant to s. 339.135(7) to the
  817  Governor within 10 days after the later of the date the request
  818  is received by the department or the effective date of the
  819  amendment, termination, or closure of the applicable funding
  820  agreement between the department and the affected seaport, as
  821  required to release the funds from the existing commitment.
  822  Notwithstanding s. 339.135(7)(c), any work program amendment to
  823  transfer prior year funds from one approved seaport project to
  824  another seaport project is subject to the procedures in s.
  825  339.135(7)(d). Notwithstanding any other provision of law to the
  826  contrary, the department may transfer unexpended budget between
  827  the seaport projects as identified in the approved work program
  828  amendments.
  829         (10)(11) The council shall meet at the call of its
  830  chairperson, at the request of a majority of its membership, or
  831  at such times as may be prescribed in its bylaws. However, the
  832  council must meet at least semiannually. A majority of voting
  833  members of the council constitutes a quorum for the purpose of
  834  transacting the business of the council. All members of the
  835  council are voting members. A vote of the majority of the voting
  836  members present is sufficient for any action of the council,
  837  except that a member representing the Department of
  838  Transportation or the Department of Economic Opportunity may
  839  vote to overrule any action of the council approving a project
  840  pursuant to subsection (5). The bylaws of the council may
  841  require a greater vote for a particular action.
  842         (11)(12) Members of the council shall serve without
  843  compensation but are entitled to receive reimbursement for per
  844  diem and travel expenses as provided in s. 112.061. The council
  845  may elect to provide an administrative staff to provide services
  846  to the council on matters relating to the FSTED Florida Seaport
  847  Transportation and Economic Development Program and the council.
  848  The cost for such administrative services shall be paid by all
  849  ports that receive funding from the FSTED Florida Seaport
  850  Transportation and Economic Development Program, based upon a
  851  pro rata formula measured by each recipient’s share of the funds
  852  as compared to the total funds disbursed to all recipients
  853  during the year. The share of costs for administrative services
  854  shall be paid in its total amount by the recipient port upon
  855  execution by the port and the Department of Transportation of a
  856  joint participation agreement for each council-approved project,
  857  and such payment is in addition to the matching funds required
  858  to be paid by the recipient port. Except as otherwise exempted
  859  by law, all moneys derived from the FSTED Florida Seaport
  860  Transportation and Economic Development Program shall be
  861  expended in accordance with the provisions of s. 287.057.
  862  Seaports subject to the competitive negotiation requirements of
  863  a local governing body must shall abide by the provisions of s.
  864  287.055.
  865         (12)(13) Until July 1, 2014, Citrus County may apply for a
  866  grant through the Florida Seaport Transportation and Economic
  867  Development council to perform a feasibility study regarding the
  868  establishment of a port in Citrus County. The council shall
  869  evaluate such application pursuant to subsections (5)-(8) (5)
  870  (9) and, if approved, the Department of Transportation shall
  871  include the feasibility study in its budget request pursuant to
  872  subsection (9) (10). If the study determines that a port in
  873  Citrus County is not feasible, the membership of Port Citrus on
  874  the council shall terminate.
  875         Section 9. Section 311.10, Florida Statutes, is created to
  876  read:
  877         311.10Strategic Port Investment Initiative.—
  878         (1) The Strategic Port Investment Initiative is created
  879  within the Department of Transportation. Beginning in the 2012
  880  2013 fiscal year, a minimum of $35 million per year shall be
  881  made available from the State Transportation Trust Fund to fund
  882  the initiative. The Department of Transportation shall work with
  883  the deepwater ports listed in s. 311.09 to develop and maintain
  884  a priority list of strategic investment projects. Project
  885  selection shall be based on projects that meet the state’s
  886  economic development goal of becoming a hub for trade,
  887  logistics, and export-oriented activities by:
  888         (a) Providing important access and major on-port capacity
  889  improvements;
  890         (b) Providing capital improvements to strategically
  891  position the state to maximize opportunities in international
  892  trade, logistics, or the cruise industry;
  893         (c) Achieving the state goals of an integrated intermodal
  894  transportation system; and
  895         (d) Demonstrating the feasibility and availability of
  896  matching funds through local or private partners.
  897         (2) Before making final project allocations, the Department
  898  of Transportation shall schedule a publicly noticed workshop
  899  with the Department of Economic Opportunity and the deepwater
  900  ports listed in s. 311.09(1) to review the proposed projects.
  901  After considering all comments received, the Department of
  902  Transportation shall finalize a prioritized list of potential
  903  projects.
  904         (3) To the maximum extent feasible, the Department of
  905  Transportation shall include the seaport projects proposed to be
  906  funded under this section in the tentative work program
  907  developed pursuant to s. 339.135(4).
  908         Section 10. Section 311.101, Florida Statutes, is created
  909  to read:
  910         311.101Intermodal Logistics Center Infrastructure Support
  911  Program.—The Intermodal Logistics Center Infrastructure Support
  912  Program is created within the Department of Transportation. The
  913  purpose of the program is to provide funds for roads, rail
  914  facilities, or other means for conveying or shipping goods
  915  through a seaport, thereby enabling the state to respond to
  916  private sector market demands and meet the state’s economic
  917  development goal of becoming a hub for trade, logistics, and
  918  export-oriented activities. The department may provide funds to
  919  assist with local government projects or projects performed by
  920  private entities which meet the public purpose of enhancing
  921  transportation facilities that convey or ship goods through a
  922  seaport.
  923         (1) As used in this section, the term “intermodal logistics
  924  center,” means a facility or group of facilities, including an
  925  inland port, serving as a point for the intermodal transfer of
  926  freight, located in a specified area physically separated from a
  927  seaport, and where activities relating to transport, logistics,
  928  goods distribution, consolidation, or value-added activities are
  929  carried out and whose activities and services are designed to
  930  support or be supported by one or more seaports listed in s.
  931  311.09(1).
  932         (2) The department must consider, but is not limited to,
  933  the following criteria when evaluating projects for program
  934  assistance:
  935         (a) The ability of the project to serve a strategic state
  936  interest.
  937         (b) The ability of the project to facilitate the cost-
  938  effective and efficient movement of goods.
  939         (c) The extent to which the project contributes to economic
  940  activity, including job creation, increased wages, and revenues.
  941         (d) The extent to which the project efficiently interacts
  942  with and supports the transportation network.
  943         (e) A commitment of matching funds.
  944         (f) The amount of capital investment made by the owner of
  945  the existing or proposed facility.
  946         (g) The extent to which the owner has commitments,
  947  including memoranda of understanding or memoranda agreements,
  948  with private sector businesses planning to locate operations at
  949  the inland port.
  950         (h) A demonstration of local financial support and
  951  commitment to the project.
  952         (3) The department shall coordinate and consult with the
  953  Department of Economic Opportunity in the selection of projects
  954  to be funded by the program.
  955         (4) The department may administer contracts on behalf of
  956  the entity selected to receive funding for a project.
  957         (5) The department may provide up to 50 percent of project
  958  costs for eligible projects.
  959         (6) Beginning in the 2012-2013 fiscal year, up to $5
  960  million per year shall be made available for the program from
  961  the State Transportation Trust Fund. The department shall
  962  include projects proposed to be funded under this section in the
  963  tentative work program developed pursuant to s. 339.135(4).
  964         (7) The department may adopt rules to administer this
  965  section.
  966         Section 11. Section 311.14, Florida Statutes, is amended to
  967  read:
  968         311.14 Seaport planning.—
  969         (1) The Department of Transportation, in coordination with
  970  the ports listed in s. 311.09(1) and other partners, shall
  971  develop a Statewide Seaport and Waterways System Plan. The plan
  972  must be consistent with the goals of the Florida Transportation
  973  Plan developed pursuant to s. 339.155 and must consider the
  974  needs identified in individual port master plans, as well as
  975  those from the seaport strategic plans required under this
  976  section. The plan must identify 5-, 10-, and 20-year needs for
  977  the seaport system and include seaport, waterway, road, and rail
  978  projects that are needed to ensure the success of the
  979  transportation system as a whole in supporting state economic
  980  development goals.
  981         (1) The Florida Seaport Transportation and Economic
  982  Development Council, in cooperation with the Office of the State
  983  Public Transportation Administrator within the Department of
  984  Transportation, shall develop freight-mobility and trade
  985  corridor plans to assist in making freight-mobility investments
  986  that contribute to the economic growth of the state. Such plans
  987  should enhance the integration and connectivity of the
  988  transportation system across and between transportation modes
  989  throughout Florida for people and freight.
  990         (2) The Office of the State Public Transportation
  991  Administrator shall act to integrate freight-mobility and trade
  992  corridor plans into the Florida Transportation Plan developed
  993  pursuant to s. 339.155 and into the plans and programs of
  994  metropolitan planning organizations as provided in s. 339.175.
  995  The office may also provide assistance in expediting the
  996  transportation permitting process relating to the construction
  997  of seaport freight-mobility projects located outside the
  998  physical borders of seaports. The Department of Transportation
  999  may contract, as provided in s. 334.044, with any port listed in
 1000  s. 311.09(1) or any such other statutorily authorized seaport
 1001  entity to act as an agent in the construction of seaport
 1002  freight-mobility projects.
 1003         (2)(3) Each port shall develop a strategic plan that has
 1004  with a 10-year horizon. Each plan must include the following:
 1005         (a) An economic development component that identifies
 1006  targeted business opportunities for increasing business and
 1007  attracting new business for which a particular facility has a
 1008  strategic advantage over its competitors, identifies financial
 1009  resources and other inducements to encourage growth of existing
 1010  business and acquisition of new business, and provides a
 1011  projected schedule for attainment of the plan’s goals.
 1012         (b) An infrastructure development and improvement component
 1013  that identifies all projected infrastructure improvements within
 1014  the plan area which require improvement, expansion, or
 1015  development in order for a port to attain a strategic
 1016  competitive advantage over for competition with national and
 1017  international competitors.
 1018         (c) A component that identifies all intermodal
 1019  transportation facilities, including sea, air, rail, or road
 1020  facilities, which are available or have potential, with
 1021  improvements, to be available for necessary national and
 1022  international commercial linkages and provides a plan for the
 1023  integration of port, airport, and railroad activities with
 1024  existing and planned transportation infrastructure.
 1025         (d) A component that identifies physical, environmental,
 1026  and regulatory barriers to the achievement of the plan’s goals
 1027  and provides recommendations for overcoming those barriers.
 1028         (e) An intergovernmental coordination component that
 1029  specifies modes and methods to coordinate plan goals and
 1030  missions with the missions of the Department of Transportation,
 1031  other state agencies, and affected local, general-purpose
 1032  governments.
 1033  
 1034  To the extent feasible, the port strategic plan must be
 1035  consistent with the local government comprehensive plans of the
 1036  units of local government in which the port is located.
 1037         (3) Upon approval of a plan by the port’s board, the plan
 1038  shall be submitted to the Florida Seaport Transportation and
 1039  Economic Development Council.
 1040         (4) The Florida Seaport Transportation and Economic
 1041  Development Council shall review the strategic plans submitted
 1042  by each port and prioritize strategic needs for inclusion in the
 1043  Florida Seaport Mission Plan prepared pursuant to s. 311.09(3).
 1044         Section 12. Subsection (2) of section 311.22, Florida
 1045  Statutes, is amended to read:
 1046         311.22 Additional authorization for funding certain
 1047  dredging projects.—
 1048         (2) The council shall adopt rules for evaluating the
 1049  projects that may be funded pursuant to this section. The rules
 1050  must provide criteria for evaluating the economic benefit of the
 1051  project. The rules must include the creation of an
 1052  administrative review process by the council which is similar to
 1053  the process described in s. 311.09(5)-(11) 311.09(5)-(12), and
 1054  provide for a review by the Department of Transportation and the
 1055  Department of Economic Opportunity of all projects submitted for
 1056  funding under this section.
 1057         Section 13. Subsection (21) of section 316.003, Florida
 1058  Statutes, is amended to read:
 1059         316.003 Definitions.—The following words and phrases, when
 1060  used in this chapter, shall have the meanings respectively
 1061  ascribed to them in this section, except where the context
 1062  otherwise requires:
 1063         (21) MOTOR VEHICLE.—Any self-propelled vehicle not operated
 1064  upon rails or guideway, but not including any bicycle, motorized
 1065  scooter, electric personal assistive mobility device, or moped.
 1066  However, as used in s. 316.1001, the term “motor vehicle” has
 1067  the same meaning as provided in s. 320.01.
 1068         Section 14. Subsections (1) through (4) of section 316.091,
 1069  Florida Statutes, are amended, present subsection (5) of that
 1070  section is renumbered as subsection (7), and new subsections (5)
 1071  and (6) are added to that section, to read:
 1072         316.091 Limited access facilities; interstate highways; use
 1073  restricted.—
 1074         (1) A No person may not shall drive a vehicle onto or from
 1075  any limited access roadway except at such entrances and exits as
 1076  are established by public authority.
 1077         (2) Except as provided herein, a no person may not shall
 1078  operate upon a limited access facility a any bicycle, motor
 1079  driven cycle, animal-drawn vehicle, or any other vehicle that,
 1080  which by its design or condition, is incompatible with the safe
 1081  and expedient movement of traffic.
 1082         (3) A No person may not shall ride an any animal on upon
 1083  any portion of a limited access facility.
 1084         (4) A No person may not shall operate a bicycle or other
 1085  human-powered vehicle on the roadway or along the shoulder of a
 1086  limited access highway, including bridges, unless official signs
 1087  and a designated marked bicycle lane are present at the entrance
 1088  of the section of highway indicating that such use is permitted
 1089  pursuant to a pilot program of the Department of Transportation
 1090  an interstate highway.
 1091         (5) The Department of Transportation and expressway
 1092  authorities may designate the use of shoulders of limited access
 1093  facilities and interstate highways under their jurisdiction for
 1094  vehicular traffic determined to improve safety, reliability, and
 1095  transportation system efficiency. Appropriate traffic signs or
 1096  dynamic lane control signals shall be erected along the affected
 1097  portions of the facility or highway in order to give notice to
 1098  the public of the action to be taken and to clearly indicate
 1099  when the shoulder is open to designated vehicular traffic. Such
 1100  designation is not allowed if it would violate any federal law
 1101  or covenant established in a resolution or trust indenture
 1102  relating to the issuance of turnpike bonds, expressway authority
 1103  bonds, or other bonds.
 1104         (6) The Department of Transportation shall establish a 2
 1105  year pilot program in three urban areas in which it shall erect
 1106  signs and designate marked bicycle lanes indicating highway
 1107  approaches and bridge segments of limited access highways as
 1108  open to use by operators of bicycles and other human-powered
 1109  vehicles, under the following conditions:
 1110         (a) The limited access highway approaches and bridge
 1111  segments chosen must cross a river, lake, bay, inlet, or surface
 1112  water where no street or highway crossing the water body is
 1113  available for use within 2 miles of the entrance to the limited
 1114  access facility as measured along the shortest public right-of
 1115  way.
 1116         (b) The department, with the concurrence of the Federal
 1117  Highway Administration if interstate facilities are involved,
 1118  shall establish the three highway approaches and bridge segments
 1119  for the pilot project by October 1, 2012. In selecting the
 1120  highway approaches and bridge segments, the department shall
 1121  consider, without limitation, the minimum acceptable population
 1122  size in the urban area within 5 miles of the highway approach
 1123  and bridge segment, the lack of bicycle access by other means,
 1124  cost, safety, and operational impacts.
 1125         (c) The department shall begin the pilot program by
 1126  erecting signs and designating marked bicycle lanes indicating
 1127  highway approaches and bridge segments of limited access
 1128  highways, as qualified by the conditions described in this
 1129  subsection, as open to use by operators of bicycles and other
 1130  human-powered vehicles by March 1, 2013.
 1131         (d) The department shall conduct the pilot program for a
 1132  minimum of 2 years following the implementation date.
 1133         (e) The department shall submit a report of its findings
 1134  and recommendations from the pilot program to the Governor, the
 1135  President of the Senate, and the Speaker of the House of
 1136  Representatives by September 1, 2015. The report, at a minimum,
 1137  must include data on bicycle crashes occurring in the designated
 1138  segments of the pilot program, usage by operators of bicycles
 1139  and other human-powered vehicles, enforcement issues,
 1140  operational impacts, and the cost of the pilot program.
 1141         Section 15. Paragraph (b) of subsection (2) of section
 1142  316.1001, Florida Statutes, is amended to read:
 1143         316.1001 Payment of toll on toll facilities required;
 1144  penalties.—
 1145         (2)
 1146         (b) A citation issued under this subsection may be issued
 1147  by mailing the citation by first-class mail or certified mail,
 1148  return receipt requested, to the address of the registered owner
 1149  of the motor vehicle involved in the violation. Mailing Receipt
 1150  of the citation to the address of the registered owner
 1151  constitutes notification. In the case of joint ownership of a
 1152  motor vehicle, the traffic citation must be mailed to the first
 1153  name appearing on the registration, unless the first name
 1154  appearing on the registration is a business organization, in
 1155  which case the second name appearing on the registration may be
 1156  used. The A citation issued under this paragraph must be mailed
 1157  to the registered owner of the motor vehicle involved in the
 1158  violation within 14 days after the date of issuance of the
 1159  citation. In addition to the citation, Notification must also be
 1160  sent to the registered owner of the motor vehicle involved in
 1161  the violation specifying remedies available under ss. 318.14(12)
 1162  and 318.18(7).
 1163         Section 16. Section 316.2122, Florida Statutes, is amended
 1164  to read:
 1165         316.2122 Operation of a low-speed vehicle or mini truck on
 1166  certain roadways.—The operation of A low-speed vehicle as
 1167  defined in s. 320.01(42) or a mini truck as defined in s.
 1168  320.01(45) may operate on any road as defined in s. 334.03(15)
 1169  or (33) is authorized with the following restrictions:
 1170         (1) A low-speed vehicle or mini truck may be operated only
 1171  on streets where the posted speed limit is 35 miles per hour or
 1172  less. This does not prohibit a low-speed vehicle or mini truck
 1173  from crossing a road or street at an intersection where the road
 1174  or street has a posted speed limit of more than 35 miles per
 1175  hour.
 1176         (2) A low-speed vehicle must be equipped with headlamps,
 1177  stop lamps, turn signal lamps, taillamps, reflex reflectors,
 1178  parking brakes, rearview mirrors, windshields, seat belts, and
 1179  vehicle identification numbers.
 1180         (3) A low-speed vehicle or mini truck must be registered
 1181  and insured in accordance with s. 320.02 and titled pursuant to
 1182  chapter 319.
 1183         (4) Any person operating a low-speed vehicle or mini truck
 1184  must have in his or her possession a valid driver’s license in
 1185  his or her possession.
 1186         (5) A county or municipality may prohibit the operation of
 1187  low-speed vehicles or mini trucks on any road under its
 1188  jurisdiction if the governing body of the county or municipality
 1189  determines that such prohibition is necessary in the interest of
 1190  safety.
 1191         (6) The Department of Transportation may prohibit the
 1192  operation of low-speed vehicles or mini trucks on any road under
 1193  its jurisdiction if it determines that such prohibition is
 1194  necessary in the interest of safety.
 1195         Section 17. Paragraph (a) of subsection (3) and paragraphs
 1196  (a) and (c) of subsection (5) of section 316.515, Florida
 1197  Statutes, are amended to read:
 1198         316.515 Maximum width, height, length.—
 1199         (3) LENGTH LIMITATION.—Except as otherwise provided in this
 1200  section, length limitations apply solely to a semitrailer or
 1201  trailer, and not to a truck tractor or to the overall length of
 1202  a combination of vehicles. No combination of commercial motor
 1203  vehicles coupled together and operating on the public roads may
 1204  consist of more than one truck tractor and two trailing units.
 1205  Unless otherwise specifically provided for in this section, a
 1206  combination of vehicles not qualifying as commercial motor
 1207  vehicles may consist of no more than two units coupled together;
 1208  such nonqualifying combination of vehicles may not exceed a
 1209  total length of 65 feet, inclusive of the load carried thereon,
 1210  but exclusive of safety and energy conservation devices approved
 1211  by the department for use on vehicles using public roads.
 1212  Notwithstanding any other provision of this section, a truck
 1213  tractor-semitrailer combination engaged in the transportation of
 1214  automobiles or boats may transport motor vehicles or boats on
 1215  part of the power unit; and, except as may otherwise be mandated
 1216  under federal law, an automobile or boat transporter semitrailer
 1217  may not exceed 50 feet in length, exclusive of the load;
 1218  however, the load may extend up to an additional 6 feet beyond
 1219  the rear of the trailer. The 50-feet length limitation does not
 1220  apply to non-stinger-steered automobile or boat transporters
 1221  that are 65 feet or less in overall length, exclusive of the
 1222  load carried thereon, or to stinger-steered automobile or boat
 1223  transporters that are 75 feet or less in overall length,
 1224  exclusive of the load carried thereon. For purposes of this
 1225  subsection, a “stinger-steered automobile or boat transporter”
 1226  is an automobile or boat transporter configured as a semitrailer
 1227  combination wherein the fifth wheel is located on a drop frame
 1228  located behind and below the rearmost axle of the power unit.
 1229  Notwithstanding paragraphs (a) and (b), any straight truck or
 1230  truck tractor-semitrailer combination engaged in the
 1231  transportation of horticultural trees may allow the load to
 1232  extend up to an additional 10 feet beyond the rear of the
 1233  vehicle, provided said trees are resting against a retaining bar
 1234  mounted above the truck bed so that the root balls of the trees
 1235  rest on the floor and to the front of the truck bed and the tops
 1236  of the trees extend up over and to the rear of the truck bed,
 1237  and provided the overhanging portion of the load is covered with
 1238  protective fabric.
 1239         (a) Straight trucks.A No straight truck may not exceed a
 1240  length of 40 feet in extreme overall dimension, exclusive of
 1241  safety and energy conservation devices approved by the
 1242  department for use on vehicles using public roads. A straight
 1243  truck may tow no more than one trailer, and the overall length
 1244  of the truck-trailer combination may not exceed 68 feet such
 1245  trailer may not exceed a length of 28 feet. However, such
 1246  trailer limitation does not apply if the overall length of the
 1247  truck-trailer combination is 65 feet or less, including the load
 1248  thereon. Notwithstanding any other provisions of this section, a
 1249  truck-trailer combination engaged in the transportation of
 1250  boats, or boat trailers whose design dictates a front-to-rear
 1251  stacking method may shall not exceed the length limitations of
 1252  this paragraph exclusive of the load; however, the load may
 1253  extend up to an additional 6 feet beyond the rear of the
 1254  trailer.
 1255         (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
 1256  AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
 1257         (a) Notwithstanding any other provisions of law, straight
 1258  trucks, agricultural tractors, citrus fruit loaders, citrus
 1259  harvesting equipment, and cotton module movers, not exceeding 50
 1260  feet in length, or any combination of up to and including three
 1261  implements of husbandry, including the towing power unit, and
 1262  any single agricultural trailer that has with a load thereon or
 1263  any agricultural implements attached to a towing power unit, or
 1264  a self-propelled agricultural implement or an agricultural
 1265  tractor, may transport is authorized for the purpose of
 1266  transporting peanuts, grains, soybeans, citrus, cotton, hay,
 1267  straw, or other perishable farm products from their point of
 1268  production to the first point of change of custody or of long
 1269  term storage, and return for the purpose of returning to such
 1270  point of production, or move for the purpose of moving such
 1271  tractors, movers, and implements from one point of agricultural
 1272  production to another, by a person engaged in the production of
 1273  any such product or custom hauler, if such vehicle or
 1274  combination of vehicles otherwise complies with this section.
 1275  The Department of Transportation may issue overlength permits
 1276  for cotton module movers greater than 50 feet but not more than
 1277  55 feet in overall length. Such vehicles must shall be operated
 1278  in accordance with all safety requirements prescribed by law and
 1279  rules of the Department of Transportation.
 1280         (c) The width and height limitations of this section do not
 1281  apply to farming or agricultural equipment, whether self
 1282  propelled, pulled, or hauled, if when temporarily operated
 1283  during daylight hours upon a public road that is not a limited
 1284  access facility as defined in s. 334.03(13), and the width and
 1285  height limitations may be exceeded by such equipment without a
 1286  permit. To be eligible for this exemption, the equipment must
 1287  shall be operated within a radius of 50 miles of the real
 1288  property owned, rented, or leased by the equipment owner.
 1289  However, equipment being delivered by a dealer to a purchaser is
 1290  not subject to the 50-mile limitation. Farming or agricultural
 1291  equipment greater than 174 inches in width must have one warning
 1292  lamp mounted on each side of the equipment to denote the width
 1293  and must have a slow-moving vehicle sign. Warning lamps required
 1294  by this paragraph must be visible from the front and rear of the
 1295  vehicle and must be visible from a distance of at least 1,000
 1296  feet.
 1297         Section 18. Section 318.12, Florida Statutes, is amended to
 1298  read:
 1299         318.12 Purpose.—It is the legislative intent In the
 1300  adoption of this chapter, it is the Legislature’s intent to
 1301  decriminalize certain violations of chapter 316, the Florida
 1302  Uniform Traffic Control Law; chapter 320, Motor Vehicle
 1303  Licenses; chapter 322, Drivers’ Licenses; chapter 338, Limited
 1304  Access Florida Intrastate Highway System and Toll Facilities;
 1305  and chapter 1006, Support of Learning, thereby facilitating the
 1306  implementation of a more uniform and expeditious system for the
 1307  disposition of traffic infractions.
 1308         Section 19. Subsection (42) of section 320.01, Florida
 1309  Statutes, is amended to read:
 1310         320.01 Definitions, general.—As used in the Florida
 1311  Statutes, except as otherwise provided, the term:
 1312         (42) “Low-speed vehicle” means any four-wheeled electric
 1313  vehicle whose top speed is greater than 20 miles per hour but
 1314  not greater than 25 miles per hour, including, but not limited
 1315  to, neighborhood electric vehicles. Low-speed vehicles must
 1316  comply with the safety standards in 49 C.F.R. s. 571.500 and s.
 1317  316.2122.
 1318         Section 20. Subsections (3) and (4) of section 320.20,
 1319  Florida Statutes, are amended to read:
 1320         320.20 Disposition of license tax moneys.—The revenue
 1321  derived from the registration of motor vehicles, including any
 1322  delinquent fees and excluding those revenues collected and
 1323  distributed under the provisions of s. 320.081, must be
 1324  distributed monthly, as collected, as follows:
 1325         (3) Notwithstanding any other provision of law except
 1326  subsections (1) and (2), on July 1, 1996, and annually
 1327  thereafter, $15 million shall be deposited annually into in the
 1328  State Transportation Trust Fund solely for the purposes of
 1329  funding the Florida Seaport Transportation and Economic
 1330  Development Program as provided for in chapter 311. Such
 1331  revenues shall be distributed on a 50-50 matching basis to any
 1332  port listed in s. 311.09(1) to be used for funding projects as
 1333  described in s. 311.07(3)(b). Such revenues may be assigned,
 1334  pledged, or set aside as a trust for the payment of principal or
 1335  interest on bonds, tax anticipation certificates, or any other
 1336  form of indebtedness issued by an individual port or appropriate
 1337  local government having jurisdiction thereof, or collectively by
 1338  interlocal agreement among any of the ports, or used to purchase
 1339  credit support to permit such borrowings. However, such debt is
 1340  shall not constitute a general obligation of the state of
 1341  Florida. The state covenants does hereby covenant with holders
 1342  of such revenue bonds or other instruments of indebtedness
 1343  issued hereunder that it will not repeal or impair or amend in
 1344  any manner that which will materially and adversely affect the
 1345  rights of such holders so long as bonds authorized by this
 1346  section are outstanding. Any revenues that which are not pledged
 1347  to the repayment of bonds as authorized by this section may be
 1348  used utilized for purposes authorized under the Florida Seaport
 1349  Transportation and Economic Development Program. This revenue
 1350  source is in addition to any amounts provided for and
 1351  appropriated in accordance with s. 311.07. The Florida Seaport
 1352  Transportation and Economic Development Council shall approve
 1353  the distribution of funds to ports for projects that which have
 1354  been approved pursuant to s. 311.09(5)-(8) 311.09(5)-(9). The
 1355  council and the Department of Transportation may are authorized
 1356  to perform such acts as are required to facilitate and implement
 1357  the provisions of this subsection. To better enable the ports to
 1358  cooperate to their mutual advantage, the governing body of each
 1359  port may exercise powers provided to municipalities or counties
 1360  in s. 163.01(7)(d) subject to the provisions of chapter 311 and
 1361  special acts, if any, pertaining to a port. The use of funds
 1362  provided pursuant to this subsection are limited to eligible
 1363  projects listed in this subsection. Income derived from a
 1364  project completed with the use of program funds, beyond
 1365  operating costs and debt service, is shall be restricted solely
 1366  to further port capital improvements consistent with maritime
 1367  purposes and for no other purpose. Use of such income for
 1368  nonmaritime purposes is prohibited. The provisions of s.
 1369  311.07(4) do not apply to any funds received pursuant to this
 1370  subsection. The revenues available under this subsection may
 1371  shall not be pledged to the payment of any bonds other than the
 1372  Florida Ports Financing Commission Series 1996 and Series 1999
 1373  Bonds currently outstanding; provided, however, such revenues
 1374  may be pledged to secure payment of refunding bonds to refinance
 1375  the Florida Ports Financing Commission Series 1996 and Series
 1376  1999 Bonds. No Refunding bonds secured by revenues available
 1377  under this subsection may not be issued with a final maturity
 1378  later than the final maturity of the Florida Ports Financing
 1379  Commission Series 1996 and Series 1999 Bonds or which provide
 1380  for higher debt service in any year than is currently payable on
 1381  such bonds. Any revenue bonds or other indebtedness issued after
 1382  July 1, 2000, other than refunding bonds shall be issued by the
 1383  Division of Bond Finance at the request of the Department of
 1384  Transportation pursuant to the State Bond Act.
 1385         (4) Notwithstanding any other provision of law except
 1386  subsections (1), (2), and (3), on July 1, 1999, and annually
 1387  thereafter, $10 million shall be deposited annually into in the
 1388  State Transportation Trust Fund solely for the purposes of
 1389  funding the Florida Seaport Transportation and Economic
 1390  Development Program as provided in chapter 311 and for funding
 1391  seaport intermodal access projects of statewide significance as
 1392  provided in s. 341.053. Such revenues shall be distributed to
 1393  any port listed in s. 311.09(1), to be used for funding projects
 1394  as follows:
 1395         (a) For any seaport intermodal access projects that are
 1396  identified in the 1997-1998 Tentative Work Program of the
 1397  Department of Transportation, up to the amounts needed to offset
 1398  the funding requirements of this section.
 1399         (b) For seaport intermodal access projects as described in
 1400  s. 341.053(5) which that are identified in the 5-year Florida
 1401  Seaport Mission Plan as provided in s. 311.09(3). Funding for
 1402  such projects shall be on a matching basis as mutually
 1403  determined by the Florida Seaport Transportation and Economic
 1404  Development Council and the Department of Transportation if,
 1405  provided a minimum of 25 percent of total project funds shall
 1406  come from any port funds, local funds, private funds, or
 1407  specifically earmarked federal funds.
 1408         (c) On a 50-50 matching basis for projects as described in
 1409  s. 311.07(3)(b).
 1410         (d) For seaport intermodal access projects that involve the
 1411  dredging or deepening of channels, turning basins, or harbors;
 1412  or the rehabilitation of wharves, docks, or similar structures.
 1413  Funding for such projects requires shall require a 25 percent
 1414  match of the funds received pursuant to this subsection.
 1415  Matching funds must shall come from any port funds, federal
 1416  funds, local funds, or private funds.
 1417  
 1418  Such revenues may be assigned, pledged, or set aside as a trust
 1419  for the payment of principal or interest on bonds, tax
 1420  anticipation certificates, or any other form of indebtedness
 1421  issued by an individual port or appropriate local government
 1422  having jurisdiction thereof, or collectively by interlocal
 1423  agreement among any of the ports, or used to purchase credit
 1424  support to permit such borrowings. However, such debt is shall
 1425  not constitute a general obligation of the state. This state
 1426  covenants does hereby covenant with holders of such revenue
 1427  bonds or other instruments of indebtedness issued hereunder that
 1428  it will not repeal or impair or amend this subsection in any
 1429  manner that which will materially and adversely affect the
 1430  rights of holders so long as bonds authorized by this subsection
 1431  are outstanding. Any revenues that are not pledged to the
 1432  repayment of bonds as authorized by this section may be used
 1433  utilized for purposes authorized under the Florida Seaport
 1434  Transportation and Economic Development Program. This revenue
 1435  source is in addition to any amounts provided for and
 1436  appropriated in accordance with s. 311.07 and subsection (3).
 1437  The Florida Seaport Transportation and Economic Development
 1438  Council shall approve distribution of funds to ports for
 1439  projects that have been approved pursuant to s. 311.09(5)-(8)
 1440  311.09(5)-(9), or for seaport intermodal access projects
 1441  identified in the 5-year Florida Seaport Mission Plan as
 1442  provided in s. 311.09(3) and mutually agreed upon by the FSTED
 1443  Council and the Department of Transportation. All contracts for
 1444  actual construction of projects authorized by this subsection
 1445  must include a provision encouraging employment of participants
 1446  in the welfare transition program. The goal for such employment
 1447  of participants in the welfare transition program is 25 percent
 1448  of all new employees employed specifically for the project,
 1449  unless the Department of Transportation and the Florida Seaport
 1450  Transportation and Economic Development Council demonstrate that
 1451  such a requirement would severely hamper the successful
 1452  completion of the project. In such an instance, Workforce
 1453  Florida, Inc., shall establish an appropriate percentage of
 1454  employees who are that must be participants in the welfare
 1455  transition program. The council and the Department of
 1456  Transportation may are authorized to perform such acts as are
 1457  required to facilitate and implement the provisions of this
 1458  subsection. To better enable the ports to cooperate to their
 1459  mutual advantage, the governing body of each port may exercise
 1460  powers provided to municipalities or counties in s. 163.01(7)(d)
 1461  subject to the provisions of chapter 311 and special acts, if
 1462  any, pertaining to a port. The use of funds provided pursuant to
 1463  this subsection is limited to eligible projects listed in this
 1464  subsection. The provisions of s. 311.07(4) do not apply to any
 1465  funds received pursuant to this subsection. The revenues
 1466  available under this subsection may shall not be pledged to the
 1467  payment of any bonds other than the Florida Ports Financing
 1468  Commission Series 1996 and Series 1999 Bonds currently
 1469  outstanding; provided, however, such revenues may be pledged to
 1470  secure payment of refunding bonds to refinance the Florida Ports
 1471  Financing Commission Series 1996 and Series 1999 Bonds. No
 1472  Refunding bonds secured by revenues available under this
 1473  subsection may not be issued with a final maturity later than
 1474  the final maturity of the Florida Ports Financing Commission
 1475  Series 1996 and Series 1999 Bonds or which provide for higher
 1476  debt service in any year than is currently payable on such
 1477  bonds. Any revenue bonds or other indebtedness issued after July
 1478  1, 2000, other than refunding bonds shall be issued by the
 1479  Division of Bond Finance at the request of the Department of
 1480  Transportation pursuant to the State Bond Act.
 1481         Section 21. Subsection (6) is added to section 332.08,
 1482  Florida Statutes, to read:
 1483         332.08 Additional powers.—In addition to the general powers
 1484  in ss. 332.01-332.12 conferred and without limitation thereof, a
 1485  municipality which has established or may hereafter establish
 1486  airports, restricted landing areas, or other air navigation
 1487  facilities, or which has acquired or set apart or may hereafter
 1488  acquire or set apart real property for such purposes, is hereby
 1489  authorized:
 1490         (6) Notwithstanding the provisions of this section, and if
 1491  participating in the Federal Aviation Administration’s pilot
 1492  program on the private ownership of airports pursuant to 49
 1493  U.S.C. s. 47134, to lease or sell an airport or other air
 1494  navigation facility or real property, together with improvements
 1495  and equipment, acquired or set apart for airport purposes to a
 1496  private party under the terms and conditions negotiated by the
 1497  municipality. If state funds were provided to the municipality
 1498  pursuant to s. 332.007, the municipality must obtain the
 1499  Department of Transportation’s approval of the agreement. The
 1500  department may approve the agreement if it determines that the
 1501  state’s investment has been adequately considered and protected
 1502  in accordance with the applicable conditions specified in 49
 1503  U.S.C. s. 47134.
 1504         Section 22. Subsections (10), (12), (25), and (38) of
 1505  section 334.03, Florida Statutes, are reordered and amended to
 1506  read:
 1507         334.03 Definitions.—When used in the Florida Transportation
 1508  Code, the term:
 1509         (10) “Florida Intrastate Highway System” means a system of
 1510  limited access and controlled access facilities on the State
 1511  Highway System which have the capacity to provide high-speed and
 1512  high-volume traffic movements in an efficient and safe manner.
 1513         (10)(11) “Functional classification” means the assignment
 1514  of roads into systems according to the character of service they
 1515  provide in relation to the total road network using procedures
 1516  developed by the Federal Highway Administration. Basic
 1517  functional categories include arterial roads, collector roads,
 1518  and local roads which may be subdivided into principal, major,
 1519  or minor levels. Those levels may be additionally divided into
 1520  rural and urban categories.
 1521         (11)(12) “Governmental entity” means a unit of government,
 1522  or an any officially designated public agency or authority of a
 1523  unit of government, which that has the responsibility for
 1524  planning, construction, operation, or maintenance or
 1525  jurisdiction over transportation facilities.; The term includes
 1526  the Federal Government, the state government, a county, an
 1527  incorporated municipality, a metropolitan planning organization,
 1528  an expressway or transportation authority, a road and bridge
 1529  district, a special road and bridge district, and a regional
 1530  governmental unit.
 1531         (25) “State Highway System” means the following, which
 1532  shall be facilities to which access is regulated:
 1533         (a) the interstate system and all other roads within the
 1534  state which were under the jurisdiction of the state on June 10,
 1535  1995, and roads constructed by an agency of the state for the
 1536  State Highway System, plus roads transferred to the state’s
 1537  jurisdiction after that date by mutual consent with another
 1538  governmental entity. Roads transferred from the state’s
 1539  jurisdiction are not included. Access to State Highway System
 1540  facilities shall be regulated;
 1541         (b) All rural arterial routes and their extensions into and
 1542  through urban areas;
 1543         (c) All urban principal arterial routes; and
 1544         (d) The urban minor arterial mileage on the existing State
 1545  Highway System as of July 1, 1987, plus additional mileage to
 1546  comply with the 2-percent requirement as described below.
 1547  
 1548  However, not less than 2 percent of the public road mileage of
 1549  each urbanized area on record as of June 30, 1986, shall be
 1550  included as minor arterials in the State Highway System.
 1551  Urbanized areas not meeting the foregoing minimum requirement
 1552  shall have transferred to the State Highway System additional
 1553  minor arterials of the highest significance in which case the
 1554  total minor arterials in the State Highway System from any
 1555  urbanized area shall not exceed 2.5 percent of that area’s total
 1556  public urban road mileage.
 1557         (12)(38) “Interactive voice response” means a software
 1558  application that accepts a combination of voice telephone input
 1559  and touch-tone keypad selection and provides appropriate
 1560  responses in the form of voice, fax, callback, e-mail, and other
 1561  media.
 1562         Section 23. Subsections (11), (13), and (26) of section
 1563  334.044, Florida Statutes, are amended, and subsection (33) is
 1564  added to that section, to read:
 1565         334.044 Department; powers and duties.—The department shall
 1566  have the following general powers and duties:
 1567         (11) To establish a numbering system for public roads and,
 1568  to functionally classify such roads, and to assign
 1569  jurisdictional responsibility.
 1570         (13) To designate existing and to plan proposed
 1571  transportation facilities as part of the State Highway System,
 1572  and to construct, maintain, and operate such facilities.
 1573         (26) To provide for the enhancement of environmental
 1574  benefits, including air and water quality; to prevent roadside
 1575  erosion; to conserve the natural roadside growth and scenery;
 1576  and to provide for the implementation and maintenance of
 1577  roadside conservation, enhancement, and stabilization programs.
 1578  No less than 1.5 percent of the amount contracted for
 1579  construction projects that add capacity or provide significant
 1580  enhancements to the existing system shall be allocated by the
 1581  department for the purchase of plant materials. Department
 1582  districts may not expend funds for landscaping in connection
 1583  with any project that is limited to resurfacing existing lanes
 1584  unless such expenditure has been approved by the department’s
 1585  secretary or designee., with, To the greatest extent practical,
 1586  a minimum of 50 percent of the these funds allocated under this
 1587  subsection shall be allocated for large plant materials and the
 1588  remaining funds for other plant materials. All such plant
 1589  materials shall be purchased from Florida commercial nursery
 1590  stock in this state on a uniform competitive bid basis. The
 1591  department shall will develop grades and standards for
 1592  landscaping materials purchased through this process. To
 1593  accomplish these activities, the department may contract with
 1594  nonprofit organizations having the primary purpose of developing
 1595  youth employment opportunities.
 1596         (33) To develop, in coordination with its partners, freight
 1597  mobility and trade plans to assist in making freight mobility
 1598  investments that contribute to the economic growth of the state.
 1599  Such plans should enhance the integration and connectivity of
 1600  the transportation system across and between transportation
 1601  modes for people and freight throughout the state. Freight
 1602  issues and needs shall be given emphasis in all appropriate
 1603  transportation plans, including the Florida Transportation Plan
 1604  and the Strategic Intermodal System Plan.
 1605         Section 24. Section 334.047, Florida Statutes, is amended
 1606  to read:
 1607         334.047 Prohibition.—Notwithstanding any other provision of
 1608  law to the contrary, the Department of Transportation may not
 1609  establish a cap on the number of miles in the State Highway
 1610  System or a maximum number of miles of urban principal arterial
 1611  roads, as defined in s. 334.03, within a district or county.
 1612         Section 25. Subsection (3) of section 335.02, Florida
 1613  Statutes, is amended to read:
 1614         335.02 Authority to designate transportation facilities and
 1615  rights-of-way and establish lanes; procedure for redesignation
 1616  and relocation; application of local regulations.—
 1617         (3) The department may establish standards for lanes on the
 1618  State Highway System, including the Strategic Intermodal System
 1619  highway corridors Florida Intrastate Highway System established
 1620  pursuant to s. 339.65 338.001. In determining the number of
 1621  lanes for any regional corridor or section of highway on the
 1622  State Highway System to be funded by the department with state
 1623  or federal funds, the department shall evaluate all alternatives
 1624  and seek to achieve the highest degree of efficient mobility for
 1625  corridor users. In conducting the analysis, the department must
 1626  give consideration to the following factors consistent with
 1627  sound engineering principles:
 1628         (a) Overall economic importance of the corridor as a trade
 1629  or tourism corridor.
 1630         (b) Safety of corridor users, including the importance of
 1631  the corridor for evacuation purposes.
 1632         (c) Cost-effectiveness of alternative methods of increasing
 1633  the mobility of corridor users.
 1634         (d) Current and projected traffic volumes on the corridor.
 1635         (e) Multimodal alternatives.
 1636         (f) Use of intelligent transportation technology in
 1637  increasing the efficiency of the corridor.
 1638         (g) Compliance with state and federal policies related to
 1639  clean air, environmental impacts, growth management, livable
 1640  communities, and energy conservation.
 1641         (h) Addition of special use lanes, such as exclusive truck
 1642  lanes, high-occupancy-vehicle toll lanes, and exclusive
 1643  interregional traffic lanes.
 1644         (i) Availability and cost of rights-of-way, including
 1645  associated costs, and the most effective use of existing rights
 1646  of-way.
 1647         (j) Regional economic and transportation objectives, if
 1648  where articulated.
 1649         (k) The future land use plan element of local government
 1650  comprehensive plans, as appropriate, including designated urban
 1651  infill and redevelopment areas.
 1652         (l) The traffic circulation element, if applicable, of
 1653  local government comprehensive plans, including designated
 1654  transportation corridors and public transportation corridors.
 1655         (m) The approved metropolitan planning organization’s long
 1656  range transportation plan, as appropriate.
 1657  
 1658  This subsection does not preclude more than a number of lanes in
 1659  excess of 10 lanes, but in such case an additional factor that
 1660  must be considered before the department must consider may
 1661  determine that the number of lanes should be more than 10 is the
 1662  future capacity to accommodate in the future alternative forms
 1663  of transportation within existing or potential rights-of-way.
 1664         Section 26. Subsection (5) is added to section 335.074,
 1665  Florida Statutes, to read:
 1666         335.074 Safety inspection of bridges.—
 1667         (5) Upon receipt of an inspection report that recommends
 1668  limiting the weight, size, or speed limit on a bridge, the
 1669  governmental entity having maintenance responsibility for the
 1670  bridge must reduce the maximum limits in accordance with the
 1671  inspection report and post the limits in accordance with s.
 1672  316.555. Within 30 days after receipt of an inspection report
 1673  recommending lower limits, the governmental entity must notify
 1674  the department that the limitations have been implemented and
 1675  posted accordingly. If the required actions are not taken within
 1676  the 30 days, the department shall post the limits on the bridge
 1677  in accordance with the recommendations in the report. All costs
 1678  incurred by the department in connection with providing notice
 1679  of the bridge’s limitations or restrictions shall be assessed
 1680  against and collected from the governmental entity having
 1681  maintenance responsibility for the bridge. If an inspection
 1682  report recommends closure of a bridge, the bridge must be
 1683  immediately closed. If the governmental entity does not
 1684  immediately close the bridge, the department shall close the
 1685  bridge. All costs incurred by the department in connection with
 1686  the bridge closure shall be assessed against and collected from
 1687  the governmental entity having maintenance responsibility for
 1688  the bridge.
 1689         Section 27. Subsections (1) and (2) of section 335.17,
 1690  Florida Statutes, are amended to read:
 1691         335.17 State highway construction; means of noise
 1692  abatement.—
 1693         (1) The department shall make use of noise-control methods
 1694  as part of highway construction projects that involve new
 1695  location or capacity expansion in the construction of all new
 1696  state highways, with particular emphasis on those highways
 1697  located in or near urban-residential developments that which
 1698  abut the such highway rights-of-way.
 1699         (2) All highway projects by the department, regardless of
 1700  funding source, shall be developed in conformity with federal
 1701  standards for noise abatement as contained in 23 C.F.R. 772 as
 1702  such regulations existed on July 13, 2011 March 1, 1989. The
 1703  department shall, At a minimum, the department must comply with
 1704  federal requirements in the following areas:
 1705         (a) Analysis of traffic noise impacts and abatement
 1706  measures;
 1707         (b) Noise abatement;
 1708         (c) Information for local officials;
 1709         (d) Traffic noise prediction; and
 1710         (e) Construction noise.
 1711         Section 28. Subsection (5) of section 336.021, Florida
 1712  Statutes, is amended to read:
 1713         336.021 County transportation system; levy of ninth-cent
 1714  fuel tax on motor fuel and diesel fuel.—
 1715         (5) All impositions of the tax shall be levied before
 1716  October July 1 of each year to be effective January 1 of the
 1717  following year. However, levies of the tax which were in effect
 1718  on July 1, 2002, and which expire on August 31 of any year may
 1719  be reimposed at the current authorized rate to be effective
 1720  September 1 of the year of expiration. All impositions must
 1721  shall be required to end on December 31 of a year. A decision to
 1722  rescind the tax may shall not take effect on any date other than
 1723  December 31 and requires shall require a minimum of 60 days’
 1724  notice to the department of such decision.
 1725         Section 29. Paragraphs (a) and (b) of subsection (1),
 1726  paragraph (a) of subsection (5), and paragraphs (d) and (e) of
 1727  subsection (7) of section 336.025, Florida Statutes, are amended
 1728  to read:
 1729         336.025 County transportation system; levy of local option
 1730  fuel tax on motor fuel and diesel fuel.—
 1731         (1)(a) In addition to other taxes allowed by law, and there
 1732  may be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c),
 1733  a 1-cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option
 1734  fuel tax may be levied upon every gallon of motor fuel and
 1735  diesel fuel sold in a county and taxed under the provisions of
 1736  part I or part II of chapter 206.
 1737         1. All impositions and rate changes of the tax must shall
 1738  be levied before October July 1 to be effective January 1 of the
 1739  following year for up to a period not to exceed 30 years, and
 1740  the applicable method of distribution shall be established
 1741  pursuant to subsection (3) or subsection (4). However, levies of
 1742  the tax which were in effect on July 1, 2002, and which expire
 1743  on August 31 of any year may be reimposed at the current
 1744  authorized rate effective September 1 of the year of expiration.
 1745  Upon expiration, the tax may be relevied if provided that a
 1746  redetermination of the method of distribution is made as
 1747  provided in this section.
 1748         2. County and municipal governments shall use utilize
 1749  moneys received pursuant to this paragraph only for
 1750  transportation expenditures.
 1751         3. Any tax levied pursuant to this paragraph may be
 1752  extended upon on a majority vote of the governing body of the
 1753  county. A redetermination of the method of distribution shall be
 1754  established pursuant to subsection (3) or subsection (4), if,
 1755  after July 1, 1986, the tax is extended or the tax rate changed,
 1756  for the period of extension or for the additional tax.
 1757         (b) In addition to other taxes allowed by law, and there
 1758  may be levied as provided in s. 206.41(1)(e), a 1-cent, 2-cent,
 1759  3-cent, 4-cent, or 5-cent local option fuel tax may be levied
 1760  upon every gallon of motor fuel sold in a county and taxed under
 1761  the provisions of part I of chapter 206. The tax shall be levied
 1762  by an ordinance adopted by a majority plus one vote of the
 1763  membership of the governing body of the county or by referendum.
 1764         1. All impositions and rate changes of the tax must shall
 1765  be levied before October July 1, to be effective January 1 of
 1766  the following year. However, levies of the tax which were in
 1767  effect on July 1, 2002, and which expire on August 31 of any
 1768  year may be reimposed at the current authorized rate effective
 1769  September 1 of the year of expiration.
 1770         2. Before the county may, prior to levy of the tax, the
 1771  county may establish by interlocal agreement with one or more
 1772  municipalities which represent located therein, representing a
 1773  majority of the population of the incorporated area within the
 1774  county, a distribution formula for dividing the entire proceeds
 1775  of the tax among county government and all eligible
 1776  municipalities within the county. If an no interlocal agreement
 1777  is not adopted before the effective date of the tax, tax
 1778  revenues shall be distributed pursuant to the provisions of
 1779  subsection (4). If there is no interlocal agreement exists, a
 1780  new interlocal agreement may be established before prior to June
 1781  1 of any year pursuant to this subparagraph. However, an any
 1782  interlocal agreement agreed to under this subparagraph after the
 1783  initial levy of the tax or change in the tax rate authorized in
 1784  this section may not shall under no circumstances materially or
 1785  adversely affect the rights of holders of outstanding bonds that
 1786  which are backed by taxes authorized by this paragraph, and the
 1787  amounts distributed to the county government and each
 1788  municipality may shall not be reduced below the amount necessary
 1789  for the payment of principal and interest and reserves for
 1790  principal and interest as required under the covenants of any
 1791  bond resolution outstanding on the date of establishment of the
 1792  new interlocal agreement.
 1793         3. County and municipal governments shall use moneys
 1794  received pursuant to this paragraph for transportation
 1795  expenditures needed to meet the requirements of the capital
 1796  improvements element of an adopted comprehensive plan or for
 1797  expenditures needed to meet immediate local transportation
 1798  problems and for other transportation-related expenditures that
 1799  are critical for building comprehensive roadway networks by
 1800  local governments. For purposes of this paragraph, expenditures
 1801  for the construction of new roads, the reconstruction or
 1802  resurfacing of existing paved roads, or the paving of existing
 1803  graded roads shall be deemed to increase capacity and such
 1804  projects shall be included in the capital improvements element
 1805  of an adopted comprehensive plan. Expenditures for purposes of
 1806  this paragraph do shall not include routine maintenance of
 1807  roads.
 1808         (5)(a) By October July 1 of each year, the county shall
 1809  notify the Department of Revenue of the rate of the taxes levied
 1810  pursuant to paragraphs (1)(a) and (b), and of its decision to
 1811  rescind or change the rate of a tax, if applicable, and shall
 1812  provide the department with a certified copy of the interlocal
 1813  agreement established under subparagraph (1)(b)2. or
 1814  subparagraph (3)(a)1. with distribution proportions established
 1815  by such agreement or pursuant to subsection (4), if applicable.
 1816  A decision to rescind a tax may shall not take effect on any
 1817  date other than December 31 and requires shall require a minimum
 1818  of 60 days’ notice to the Department of Revenue of such
 1819  decision.
 1820         (7) For the purposes of this section, “transportation
 1821  expenditures” means expenditures by the local government from
 1822  local or state shared revenue sources, excluding expenditures of
 1823  bond proceeds, for the following programs:
 1824         (d) Street lighting installation, operation, maintenance,
 1825  and repair.
 1826         (e) Traffic signs, traffic engineering, signalization, and
 1827  pavement markings, installation, operation, maintenance, and
 1828  repair.
 1829         Section 30. Paragraph (a) of subsection (3) of section
 1830  337.11, Florida Statutes, is amended to read:
 1831         337.11 Contracting authority of department; bids; emergency
 1832  repairs, supplemental agreements, and change orders; combined
 1833  design and construction contracts; progress payments; records;
 1834  requirements of vehicle registration.—
 1835         (3)(a) On all construction contracts of $250,000 or less,
 1836  and any construction contract of less than $500,000 for which
 1837  the department has waived prequalification under s. 337.14, the
 1838  department shall advertise for bids in a newspaper having
 1839  general circulation in the county where the proposed work is
 1840  located for at least. Publication shall be at least once a week
 1841  for no less than 2 consecutive weeks., and The first publication
 1842  must be at least shall be no less than 14 consecutive days
 1843  before prior to the date on which bids are to be received.
 1844         Section 31. Subsection (4) of section 337.111, Florida
 1845  Statutes, is amended to read:
 1846         337.111 Contracting for monuments and memorials to military
 1847  veterans at rest areas.—The Department of Transportation is
 1848  authorized to enter into contract with any not-for-profit group
 1849  or organization that has been operating for not less than 2
 1850  years for the installation of monuments and memorials honoring
 1851  Florida’s military veterans at highway rest areas around the
 1852  state pursuant to the provisions of this section.
 1853         (4) The group or organization making the proposal must
 1854  shall provide an annual renewable bond, an irrevocable letter of
 1855  credit, or other form of security as approved by the
 1856  department’s comptroller, for the purpose of a 10-year bond
 1857  securing the cost of removing removal of the monument and any
 1858  modifications made to the site as part of the placement of the
 1859  monument if should the department determines that of
 1860  Transportation determine it is necessary to remove or relocate
 1861  the monument. Such removal or relocation must shall be approved
 1862  by the committee described in subsection (1). Prior to
 1863  expiration, the bond shall be renewed for another 10-year period
 1864  if the memorial is to remain in place.
 1865         Section 32. Subsection (1) of section 337.125, Florida
 1866  Statutes, is amended to read:
 1867         337.125 Socially and economically disadvantaged business
 1868  enterprises; notice requirements.—
 1869         (1) After contract goals are established, in order to
 1870  document that a subcontract is with a certified socially and
 1871  economically disadvantaged business enterprise, the prime
 1872  contractor must either submit a disadvantaged business
 1873  enterprise utilization form that which has been signed by the
 1874  socially and economically disadvantaged business enterprise and
 1875  the prime contractor, or submit the written or oral quotation of
 1876  the socially and economically disadvantaged business
 1877  enterprise., and Information contained in the quotation must be
 1878  confirmed as determined by the department by rule.
 1879         Section 33. Section 337.137, Florida Statutes, is repealed.
 1880         Section 34. Section 337.139, Florida Statutes, is amended
 1881  to read:
 1882         337.139 Encouraging the award of Efforts to encourage
 1883  awarding contracts to disadvantaged business enterprises.—In
 1884  implementing chapter 90-136, Laws of Florida, the Department of
 1885  Transportation shall implement institute procedures to encourage
 1886  the awarding of contracts for professional services and
 1887  construction to disadvantaged business enterprises. For the
 1888  purposes of this section, the term “disadvantaged business
 1889  enterprise” means a small business concern certified by the
 1890  Department of Transportation to be owned and controlled by
 1891  socially and economically disadvantaged individuals as defined
 1892  by the Safe, Accountable, Flexible, Efficient Transportation
 1893  Equity Act: A Legacy for Users (SAFETEA-LU), Surface
 1894  Transportation and Uniform Relocation Act of 1987. The
 1895  Department of Transportation shall develop and implement
 1896  activities to encourage the participation of disadvantaged
 1897  business enterprises in the contracting process. Such efforts
 1898  may include:
 1899         (1) Presolicitation or prebid meetings for the purpose of
 1900  informing disadvantaged business enterprises of contracting
 1901  opportunities.
 1902         (2) Written notice to disadvantaged business enterprises of
 1903  contract opportunities for commodities or contractual and
 1904  construction services that which the disadvantaged business
 1905  provides.
 1906         (3) Provision of adequate information to disadvantaged
 1907  business enterprises about the plans, specifications, and
 1908  requirements of contracts or the availability of jobs.
 1909         (4) Breaking large contracts into several single-purpose
 1910  contracts of a size which may be obtained by certified
 1911  disadvantaged business enterprises.
 1912         Section 35. Subsection (1) of section 337.14, Florida
 1913  Statutes, is amended to read:
 1914         337.14 Application for qualification; certificate of
 1915  qualification; restrictions; request for hearing.—
 1916         (1) Any person desiring to bid for the performance of any
 1917  construction contract in excess of $250,000 which the department
 1918  proposes to let must first be certified by the department as
 1919  qualified pursuant to this section and rules of the department.
 1920  The rules must include of the department shall address the
 1921  qualification of persons to bid on such construction contracts
 1922  in excess of $250,000 and shall include requirements with
 1923  respect to the equipment, past record, experience, financial
 1924  resources, and organizational personnel of the applicant
 1925  necessary to perform the specific class of work for which the
 1926  person seeks certification. The department may is authorized to
 1927  limit the dollar amount of any contract upon which a person is
 1928  qualified to bid or the aggregate total dollar volume of
 1929  contracts such person is allowed to have under contract at any
 1930  one time. Each applicant seeking qualification to bid must on
 1931  construction contracts in excess of $250,000 shall furnish the
 1932  department a statement under oath, on such forms as the
 1933  department may prescribe, setting forth detailed information as
 1934  required on the application. Each application for certification
 1935  must shall be accompanied by the latest annual financial
 1936  statement of the applicant completed within the last 12 months.
 1937  If the application or the annual financial statement shows the
 1938  financial condition of the applicant more than 4 months before
 1939  prior to the date on which the application is received by the
 1940  department, then an interim financial statement must be
 1941  submitted and be accompanied by an updated application. The
 1942  interim financial statement must cover the period from the end
 1943  date of the annual statement and must show the financial
 1944  condition of the applicant no more than 4 months before prior to
 1945  the date the interim financial statement is received by the
 1946  department. However, upon the request of the applicant, an
 1947  application and accompanying annual or interim financial
 1948  statement received by the department within 15 days after either
 1949  4-month period is considered timely. Each required annual or
 1950  interim financial statement must be audited and accompanied by
 1951  the opinion of a certified public accountant or a public
 1952  accountant approved by the department. The information required
 1953  by this subsection is confidential and exempt from the
 1954  provisions of s. 119.07(1). The department shall act upon the
 1955  application for qualification within 30 days after the
 1956  department determines that the application is complete.
 1957         (a) The department may waive the requirements of this
 1958  subsection for projects having a contract price of $500,000 or
 1959  less if the department determines that the project is of a
 1960  noncritical nature and the waiver will not endanger public
 1961  health, safety, or property.
 1962         (b) An applicant desiring to bid exclusively for the
 1963  performance of construction contracts that have proposed budget
 1964  estimates of less than $1 million may submit reviewed annual or
 1965  reviewed interim financial statements prepared by a certified
 1966  public accountant.
 1967         Section 36. Section 337.403, Florida Statutes, is amended
 1968  to read:
 1969         337.403 Interference caused by relocation of utility;
 1970  expenses.—
 1971         (1) When a Any utility heretofore or hereafter placed upon,
 1972  under, over, or along any public road or publicly owned rail
 1973  corridor that is found by the authority to be unreasonably
 1974  interfering in any way with the convenient, safe, or continuous
 1975  use, or the maintenance, improvement, extension, or expansion,
 1976  of such public road or publicly owned rail corridor, the utility
 1977  owner shall, upon 30 days’ written notice to the utility or its
 1978  agent by the authority, initiate the work necessary to alleviate
 1979  the interference be removed or relocated by such utility at its
 1980  own expense except as provided in paragraphs (a)-(f). The work
 1981  must be completed within such reasonable time as stated in the
 1982  notice or such time as agreed to by the authority and the
 1983  utility owner.
 1984         (a) If the relocation of utility facilities, as referred to
 1985  in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
 1986  627 of the 84th Congress, is necessitated by the construction of
 1987  a project on the federal-aid interstate system, including
 1988  extensions thereof within urban areas, and the cost of the
 1989  project is eligible and approved for reimbursement by the
 1990  Federal Government to the extent of 90 percent or more under the
 1991  Federal Aid Highway Act, or any amendment thereof, then in that
 1992  event the utility owning or operating such facilities shall
 1993  perform any necessary work relocate the facilities upon notice
 1994  from order of the department, and the state shall pay the entire
 1995  expense properly attributable to such work relocation after
 1996  deducting therefrom any increase in the value of any the new
 1997  facility and any salvage value derived from any the old
 1998  facility.
 1999         (b) When a joint agreement between the department and the
 2000  utility is executed for utility improvement, relocation, or
 2001  removal work to be accomplished as part of a contract for
 2002  construction of a transportation facility, the department may
 2003  participate in those utility work improvement, relocation, or
 2004  removal costs that exceed the department’s official estimate of
 2005  the cost of the work by more than 10 percent. The amount of such
 2006  participation shall be limited to the difference between the
 2007  official estimate of all the work in the joint agreement plus 10
 2008  percent and the amount awarded for this work in the construction
 2009  contract for such work. The department may not participate in
 2010  any utility work improvement, relocation, or removal costs that
 2011  occur as a result of changes or additions during the course of
 2012  the contract.
 2013         (c) When an agreement between the department and utility is
 2014  executed for utility improvement, relocation, or removal work to
 2015  be accomplished in advance of a contract for construction of a
 2016  transportation facility, the department may participate in the
 2017  cost of clearing and grubbing necessary to perform such work.
 2018         (d) If the utility facility being removed or relocated was
 2019  initially installed to exclusively serve the authority or
 2020  department, its tenants, or both, the authority department shall
 2021  bear the costs of the removing or relocating that utility work
 2022  facility. However, the authority department is not responsible
 2023  for bearing the cost of utility work related to removing or
 2024  relocating any subsequent additions to that facility for the
 2025  purpose of serving others.
 2026         (e) If, under an agreement between a utility and the
 2027  authority entered into after July 1, 2009, the utility conveys,
 2028  subordinates, or relinquishes a compensable property right to
 2029  the authority for the purpose of accommodating the acquisition
 2030  or use of the right-of-way by the authority, without the
 2031  agreement expressly addressing future responsibility for the
 2032  cost of necessary utility work removing or relocating the
 2033  utility, the authority shall bear the cost of removal or
 2034  relocation. This paragraph does not impair or restrict, and may
 2035  not be used to interpret, the terms of any such agreement
 2036  entered into before July 1, 2009.
 2037         (f) If the utility is an electric facility being relocated
 2038  underground in order to enhance vehicular, bicycle, and
 2039  pedestrian safety and in which ownership of the electric
 2040  facility to be placed underground has been transferred from a
 2041  private to a public utility within the past 5 years, the
 2042  department shall incur all costs of the necessary utility work
 2043  relocation.
 2044         (g) If the authority acquires the property on which a
 2045  utility was located before the removal or relocation of the
 2046  utility facility, and such utility is not found to be located
 2047  illegally, the authority shall bear the costs of removing or
 2048  relocating that utility facility.
 2049         (2) If such utility work removal or relocation is
 2050  incidental to work to be done on such road or publicly owned
 2051  rail corridor, the notice shall be given at the same time the
 2052  contract for the work is advertised for bids, or no less than 30
 2053  days prior to the commencement of such work by the authority,
 2054  whichever is greater.
 2055         (3) Whenever the notice from an order of the authority
 2056  requires such utility work removal or change in the location of
 2057  any utility from the right-of-way of a public road or publicly
 2058  owned rail corridor, and the owner thereof fails to perform the
 2059  work remove or change the same at his or her own expense to
 2060  conform to the order within the time stated in the notice or
 2061  such other time as agreed to by the authority and the utility
 2062  owner, the authority shall proceed to cause the utility work to
 2063  be performed to be removed. The expense thereby incurred shall
 2064  be paid out of any money available therefor, and such expense
 2065  shall, except as provided in subsection (1), be charged against
 2066  the owner and levied and collected and paid into the fund from
 2067  which the expense of such relocation was paid.
 2068         Section 37. Subsection (1) of section 337.404, Florida
 2069  Statutes, is amended to read:
 2070         337.404 Removal or relocation of utility facilities; notice
 2071  and order; court review.—
 2072         (1) Whenever it becomes shall become necessary for the
 2073  authority to perform utility work remove or relocate any utility
 2074  as provided in s. 337.403 the preceding section, the owner of
 2075  the utility, or the owner’s chief agent, shall be given notice
 2076  that the authority will perform of such work removal or
 2077  relocation and, after the work is complete, given an order
 2078  requiring the payment of the cost thereof, and a shall be given
 2079  reasonable time, which may shall not be less than 20 or nor more
 2080  than 30 days, in which to appear before the authority to contest
 2081  the reasonableness of the order. Should the owner or the owner’s
 2082  representative not appear, the determination of the cost to the
 2083  owner shall be final. Authorities considered agencies for the
 2084  purposes of chapter 120 shall adjudicate removal or relocation
 2085  of utilities pursuant to chapter 120.
 2086         Section 38. Section 337.408, Florida Statutes, is amended
 2087  to read:
 2088         337.408 Regulation of bus stops, benches, transit shelters,
 2089  street light poles, waste disposal receptacles, and modular news
 2090  racks within rights-of-way.—
 2091         (1) Benches or transit shelters, including advertising
 2092  displayed on benches or transit shelters, may be installed
 2093  within the right-of-way limits of any municipal, county, or
 2094  state road, except a limited access highway, if provided that
 2095  such benches or transit shelters are for the comfort or
 2096  convenience of the general public or are at designated stops on
 2097  official bus routes, and provided that written authorization has
 2098  been given to a qualified private supplier of such service by
 2099  the municipal government within whose incorporated limits such
 2100  benches or transit shelters are installed or by the county
 2101  government within whose unincorporated limits such benches or
 2102  transit shelters are installed.
 2103         (a) A municipality or county may authorize the
 2104  installation, without public bid, of benches and transit
 2105  shelters together with advertising displayed thereon within the
 2106  right-of-way limits of such roads. Any contract for the
 2107  installation of benches or transit shelters or advertising on
 2108  benches or transit shelters which was entered into before April
 2109  8, 1992, without public bidding is ratified and affirmed. Such
 2110         (b) Benches or transit shelters may not interfere with
 2111  right-of-way preservation and maintenance. Any bench or transit
 2112  shelter located on a sidewalk within the right-of-way limits of
 2113  any road on the State Highway System or the county road system
 2114  must shall be located so as to leave at least 36 inches of
 2115  clearance for pedestrians and persons in wheelchairs. Such
 2116  clearance shall be measured in a direction perpendicular to the
 2117  centerline of the road.
 2118         (c) All installations must be in compliance with all
 2119  applicable laws and rules including, without limitation, the
 2120  Americans with Disabilities Act. Municipalities and counties
 2121  shall indemnify, defend, and hold harmless the department from
 2122  any suits, actions, proceedings, claims, losses, costs, charges,
 2123  expenses, damages, liabilities, attorney fees, and court costs
 2124  relating to the installation, removal, or relocation of such
 2125  installations.
 2126         (2) Waste disposal receptacles of less than 110 gallons in
 2127  capacity, including advertising displayed on such waste disposal
 2128  receptacles, may be installed within the right-of-way limits of
 2129  any municipal, county, or state road, except a limited access
 2130  highway if, provided that written authorization has been given
 2131  to a qualified private supplier of such service by the
 2132  appropriate municipal or county government. A municipality or
 2133  county may authorize the installation, without public bid, of
 2134  waste disposal receptacles together with advertising displayed
 2135  thereon within the right-of-way limits of such roads. Such waste
 2136  disposal receptacles may not interfere with right-of-way
 2137  preservation and maintenance.
 2138         (3) Modular news racks, including advertising thereon, may
 2139  be located within the right-of-way limits of any municipal,
 2140  county, or state road, except a limited access highway if,
 2141  provided the municipal government within whose incorporated
 2142  limits such racks are installed or the county government within
 2143  whose unincorporated limits such racks are installed has passed
 2144  an ordinance regulating the placement of modular news racks
 2145  within the right-of-way and has authorized a qualified private
 2146  supplier of modular news racks to provide such service. The
 2147  modular news rack or advertising may thereon shall not exceed a
 2148  height of 56 inches or a total advertising space of 56 square
 2149  feet. Within No later than 45 days before the prior to
 2150  installation of modular news racks, the private supplier shall
 2151  provide a map of proposed locations and typical installation
 2152  plans to the department for approval. If the department does not
 2153  respond within 45 days after receipt of the submitted plans,
 2154  installation may proceed.
 2155         (4) The department may has the authority to direct the
 2156  immediate relocation or removal of any bus stop, bench, transit
 2157  shelter, waste disposal receptacle, public pay telephone, or
 2158  modular news rack that endangers life or property or that is
 2159  otherwise not in compliance with applicable law and rule, except
 2160  that transit bus benches that were placed in service before
 2161  April 1, 1992, are not required to comply with bench size and
 2162  advertising display size requirements established by the
 2163  department before March 1, 1992. If a municipality or county
 2164  fails to comply with the department’s direction, the department
 2165  shall remove the noncompliant installation and charge the cost
 2166  of the removal to the municipality or county, and may deduct or
 2167  offset such cost from any other funding available to the
 2168  municipality or county from the department. Any transit bus
 2169  bench that was in service before April 1, 1992, may be replaced
 2170  with a bus bench of the same size or smaller, if the bench is
 2171  damaged or destroyed or otherwise becomes unusable. The
 2172  department may adopt rules relating to the regulation of bench
 2173  size and advertising display size requirements. If a
 2174  municipality or county within which a bench is to be located has
 2175  adopted an ordinance or other applicable regulation that
 2176  establishes bench size or advertising display sign requirements
 2177  different from requirements specified in department rule, the
 2178  local government requirement applies within the respective
 2179  municipality or county. Placement of any bench or advertising
 2180  display on the National Highway System under a local ordinance
 2181  or regulation adopted under this subsection is subject to
 2182  approval by of the Federal Highway Administration.
 2183         (5) A bus stop, bench, transit shelter, waste disposal
 2184  receptacle, public pay telephone, or modular news rack, or
 2185  advertising thereon, may not be erected or placed on the right
 2186  of-way of any road in a manner that conflicts with the
 2187  requirements of federal law, regulations, or safety standards,
 2188  thereby causing the state or any political subdivision to lose
 2189  the loss of federal funds. Competition among persons seeking to
 2190  provide bus stop, bench, transit shelter, waste disposal
 2191  receptacle, public pay telephone, or modular news rack services
 2192  or advertising on such benches, shelters, receptacles, public
 2193  pay telephone, or news racks may be regulated, restricted, or
 2194  denied by the appropriate local government entity consistent
 2195  with this section.
 2196         (6) Street light poles, including attached public service
 2197  messages and advertisements, may be located within the right-of
 2198  way limits of municipal and county roads in the same manner as
 2199  benches, transit shelters, waste disposal receptacles, and
 2200  modular news racks as provided in this section and in accordance
 2201  with municipal and county ordinances. Public service messages
 2202  and advertisements may be installed on street light poles on
 2203  roads on the State Highway System in accordance with height,
 2204  size, setback, spacing distance, duration of display, safety,
 2205  traffic control, and permitting requirements established by
 2206  administrative rule of the Department of Transportation. Public
 2207  service messages and advertisements are shall be subject to
 2208  bilateral agreements, where applicable, to be negotiated with
 2209  the owner of the street light poles, which shall consider, among
 2210  other things, power source rates, design, safety, operational
 2211  and maintenance concerns, and other matters of public
 2212  importance. For the purposes of this section, the term “street
 2213  light poles” does not include electric transmission or
 2214  distribution poles. The department may shall have authority to
 2215  adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
 2216  implement the provisions of this section. No Advertising on
 2217  light poles is not shall be permitted on the Interstate Highway
 2218  System. No Permanent structures carrying advertisements attached
 2219  to light poles are not shall be permitted on the National
 2220  Highway System.
 2221         (7) A public pay telephone, including advertising displayed
 2222  thereon, may be installed within the right-of-way limits of any
 2223  municipal, county, or state road, except on a limited access
 2224  highway, if the pay telephone is installed by a provider duly
 2225  authorized and regulated by the Public Service Commission under
 2226  s. 364.3375, if the pay telephone is operated in accordance with
 2227  all applicable state and federal telecommunications regulations,
 2228  and if written authorization has been given to a public pay
 2229  telephone provider by the appropriate municipal or county
 2230  government. Each advertisement must be limited to a size no
 2231  greater than 8 square feet, and a public pay telephone booth may
 2232  not display more than three advertisements at any given time. An
 2233  advertisement is not allowed on public pay telephones located in
 2234  rest areas, welcome centers, or other such facilities located on
 2235  an interstate highway.
 2236         (8) If Wherever the provisions of this section are
 2237  inconsistent with other provisions of this chapter or with the
 2238  provisions of chapter 125, chapter 335, chapter 336, or chapter
 2239  479, the provisions of this section shall prevail.
 2240         Section 39. The Division of Statutory Revision is requested
 2241  to rename chapter 338, Florida Statutes, as “Limited Access and
 2242  Toll Facilities.”
 2243         Section 40. Section 338.001, Florida Statutes, is repealed.
 2244         Section 41. Present subsections (2) through (6) of section
 2245  338.01, Florida Statutes, are renumbered as subsections (3)
 2246  through (7), respectively, and new subsection (2) and subsection
 2247  (8) are added to that section, to read:
 2248         338.01 Authority to establish and regulate limited access
 2249  facilities.—
 2250         (2) The department may establish limited access facilities
 2251  as provided in s. 335.02. The primary function of these limited
 2252  access facilities is to allow high-speed and high-volume traffic
 2253  movements within the state. Access to abutting land is
 2254  subordinate to this function and must be prohibited or highly
 2255  regulated.
 2256         (8) The department, or other governmental entity
 2257  responsible for the collection of tolls, may pursue the
 2258  collection of unpaid tolls and associated fees and other amounts
 2259  to which it is entitled by contracting with a private attorney
 2260  who is a member in good standing with The Florida Bar, or a
 2261  collection agent who is registered and in good standing pursuant
 2262  to chapter 559. A collection fee in an amount that is reasonable
 2263  within the collection industry, including any reasonable
 2264  attorney fee, may be added to the delinquent amount collected by
 2265  the attorney or collection agent. The requirements of s. 287.059
 2266  do not apply to private attorney services procured under this
 2267  section.
 2268         Section 42. Section 338.151, Florida Statutes, is created
 2269  to read:
 2270         338.151Authority of the department to establish tolls on
 2271  the State Highway System.—The department may establish tolls on
 2272  new limited access facilities on the State Highway System, lanes
 2273  added to existing limited access facilities on the State Highway
 2274  System, new major bridges on the State Highway System over
 2275  waterways, and replacements for existing major bridges on the
 2276  State Highway System over waterways in order to pay for, fully
 2277  or partially, the cost of such projects. Except for high
 2278  occupancy vehicle lanes, express lanes, the turnpike system, and
 2279  as otherwise authorized by law, the department may not establish
 2280  tolls on lanes of limited access facilities that exist on July
 2281  1, 2012, unless tolls were in effect before that date. The
 2282  authority provided in this section is in addition to the
 2283  authority provided under the Florida Turnpike Enterprise Law and
 2284  s. 338.166.
 2285         Section 43. Subsection (1) of section 338.155, Florida
 2286  Statutes, is amended to read:
 2287         338.155 Payment of toll on toll facilities required;
 2288  exemptions.—
 2289         (1) A person may not No persons are permitted to use a any
 2290  toll facility without payment of tolls, except employees of the
 2291  agency operating the toll project who are when using the toll
 2292  facility on official state business, state military personnel
 2293  while on official military business, handicapped persons as
 2294  provided in this section, persons exempt from toll payment by
 2295  the authorizing resolution for bonds issued to finance the
 2296  facility, and persons exempt on a temporary basis if where use
 2297  of such toll facility is required as a detour route. A Any law
 2298  enforcement officer operating a marked official vehicle is
 2299  exempt from toll payment when on official law enforcement
 2300  business. Any person operating a fire vehicle when on official
 2301  business or a rescue vehicle when on official business is exempt
 2302  from toll payment. Any person participating in the funeral
 2303  procession of a law enforcement officer or firefighter killed in
 2304  the line of duty is exempt from toll payment. The secretary, or
 2305  the secretary’s designee, may suspend the payment of tolls on a
 2306  toll facility if when necessary to assist in emergency
 2307  evacuation. The failure to pay a prescribed toll is constitutes
 2308  a noncriminal traffic infraction, punishable as a moving
 2309  violation pursuant to s. 318.18. The department may is
 2310  authorized to adopt rules relating to the payment, collection,
 2311  and enforcement of tolls, as authorized in chapters 316, 318,
 2312  320, 322, and 338, including, but not limited to, rules for the
 2313  implementation of video or other image billing and variable
 2314  pricing. The department may, by rule, allow public transit
 2315  vehicles or vehicles participating in a funeral procession for
 2316  an active-duty military service member to use a toll facility
 2317  managed by the department without payment if the toll revenues
 2318  of the facility are not pledged to the repayment of bonds.
 2319         Section 44. Section 338.161, Florida Statutes, is amended
 2320  to read:
 2321         338.161 Authority of department or toll agencies to
 2322  advertise and promote electronic toll collection; Expanded uses
 2323  of electronic toll collection system; studies authorized.—
 2324         (1) The department may is authorized to incur expenses for
 2325  paid advertising, marketing, and promotion of toll facilities
 2326  and electronic toll collection products and services. Promotions
 2327  may include discounts and free products.
 2328         (2) The department may is authorized to receive funds from
 2329  advertising placed on electronic toll collection products and
 2330  promotional materials to defray the costs of products and
 2331  services.
 2332         (3)(a) The department or any toll agency created by statute
 2333  may incur expenses to advertise or promote its electronic toll
 2334  collection system to consumers on or off the turnpike or toll
 2335  system.
 2336         (4)(b) If the department or any toll agency created by
 2337  statute finds that it can increase nontoll revenues or add
 2338  convenience or other value for its customers, the department or
 2339  toll agency may enter into agreements with a any private or
 2340  public entity allowing the use of its electronic toll collection
 2341  system to pay parking fees for vehicles equipped with a
 2342  transponder or similar device. The department or toll agency may
 2343  initiate feasibility studies of other additional future uses of
 2344  its electronic toll collection system and make recommendations
 2345  to the Legislature to authorize such uses.
 2346         (5) If the department finds that it can increase nontoll
 2347  revenues or add convenience or other value for its customers,
 2348  the department may enter into agreements with private or public
 2349  entities to use the electronic toll collection and video billing
 2350  systems of such entities to collect tolls, fares, administrative
 2351  fees, and other charges resulting from connection with the
 2352  transportation facilities of the entities which will become
 2353  interoperable with the department’s electronic toll collection
 2354  system. The department may modify its rules regarding toll
 2355  collection procedures and the imposition of administrative
 2356  charges for toll facilities that are not part of the turnpike
 2357  system or otherwise owned by the department. This subsection
 2358  does not limit the authority of the department under any other
 2359  provision of law or under any agreement entered into before July
 2360  1, 2012.
 2361         Section 45. Subsections (1) and (3) of section 338.166,
 2362  Florida Statutes, are amended to read:
 2363         338.166 High-occupancy toll lanes or express lanes.—
 2364         (1) Under s. 11, Art. VII of the State Constitution, the
 2365  department may request the Division of Bond Finance to issue
 2366  bonds secured by toll revenues collected on high-occupancy toll
 2367  lanes or express lanes located on Interstate 95 in Miami-Dade
 2368  and Broward Counties.
 2369         (3) Any remaining toll revenue from the high-occupancy toll
 2370  lanes or express lanes shall be used by the department for the
 2371  construction, maintenance, or improvement of any road on the
 2372  State Highway System within the county or counties where the
 2373  toll revenues were collected or to support express bus service
 2374  on the facility where the toll revenues were collected.
 2375         Section 46. Paragraph (a) of subsection (8) of section
 2376  338.221, Florida Statutes, is amended to read:
 2377         338.221 Definitions of terms used in ss. 338.22-338.241.—As
 2378  used in ss. 338.22-338.241, the following words and terms have
 2379  the following meanings, unless the context indicates another or
 2380  different meaning or intent:
 2381         (8) “Economically feasible” means:
 2382         (a) For a proposed turnpike project, that, as determined by
 2383  the department before the issuance of revenue bonds for the
 2384  project, the estimated net revenues of the proposed turnpike
 2385  project, excluding feeder roads and turnpike improvements, will
 2386  be sufficient to pay at least 50 percent of the annual debt
 2387  service on the bonds associated with the project by the end of
 2388  the 12th year of operation and to pay at least 100 percent of
 2389  the debt service on the bonds by the end of the 30th 22nd year
 2390  of operation. In implementing this paragraph, up to 50 percent
 2391  of the adopted work program costs of the project may be funded
 2392  from turnpike revenues.
 2393  
 2394  This subsection does not prohibit the pledging of revenues from
 2395  the entire turnpike system to bonds issued to finance or
 2396  refinance a turnpike project or group of turnpike projects.
 2397         Section 47. Paragraphs (a) and (b) of subsection (1) of
 2398  section 338.223, Florida Statutes, are amended to read:
 2399         338.223 Proposed turnpike projects.—
 2400         (1)(a) Any proposed project to be constructed or acquired
 2401  as part of the turnpike system and any turnpike improvement must
 2402  shall be included in the tentative work program. A No proposed
 2403  project or group of proposed projects may not shall be added to
 2404  the turnpike system unless such project is or projects are
 2405  determined to be economically feasible and a statement of
 2406  environmental feasibility has been completed for the such
 2407  project or projects and such projects are determined to be
 2408  consistent, to the maximum extent feasible, with approved local
 2409  government comprehensive plans of the local governments in which
 2410  the project is such projects are located. The department may
 2411  authorize engineering studies, traffic studies, environmental
 2412  studies, and other expert studies of the location, costs,
 2413  economic feasibility, and practicality of proposed turnpike
 2414  projects throughout the state and may proceed with the design
 2415  phase of such projects. The department may shall not request
 2416  legislative approval of a proposed turnpike project until the
 2417  design phase of that project is at least 30 60 percent complete.
 2418  If a proposed project or group of proposed projects is found to
 2419  be economically feasible and, consistent, to the maximum extent
 2420  feasible, with approved local government comprehensive plans of
 2421  the local governments in which such projects are located to the
 2422  maximum extent feasible, and a favorable statement of
 2423  environmental feasibility has been completed, the department,
 2424  with the approval of the Legislature, shall, after the receipt
 2425  of all necessary permits, construct, maintain, and operate such
 2426  turnpike projects.
 2427         (b) Any proposed turnpike project or improvement shall be
 2428  developed in accordance with the Florida Transportation Plan and
 2429  the work program pursuant to s. 339.135. Turnpike projects that
 2430  add capacity, alter access, affect feeder roads, or affect the
 2431  operation of the local transportation system shall be included
 2432  in the transportation improvement plan of the affected
 2433  metropolitan planning organization. If such turnpike project
 2434  does not fall within the jurisdiction of a metropolitan planning
 2435  organization, the department shall notify the affected county
 2436  and provide for public hearings in accordance with s.
 2437  339.155(5)(c) 339.155(6)(c).
 2438         Section 48. Subsection (4) of section 338.227, Florida
 2439  Statutes, is amended to read:
 2440         338.227 Turnpike revenue bonds.—
 2441         (4) The Department of Transportation and the Department of
 2442  Management Services shall create and implement an outreach
 2443  program designed to enhance the participation of minority
 2444  persons and minority business enterprises in all contracts
 2445  entered into by the their respective departments for services
 2446  related to the financing of department projects for the
 2447  Strategic Intermodal System Plan developed pursuant to s. 339.64
 2448  Florida Intrastate Highway System Plan. These services shall
 2449  include, but are not be limited to, bond counsel and bond
 2450  underwriters.
 2451         Section 49. Subsection (2) of section 338.2275, Florida
 2452  Statutes, is amended to read:
 2453         338.2275 Approved turnpike projects.—
 2454         (2) The department may is authorized to use turnpike
 2455  revenues, the State Transportation Trust Fund moneys allocated
 2456  for turnpike projects pursuant to s. 339.65 338.001, federal
 2457  funds, and bond proceeds, and shall use the most cost-efficient
 2458  combination of such funds, to develop in developing a financial
 2459  plan for funding turnpike projects. The department must submit a
 2460  report of the estimated cost for each ongoing turnpike project
 2461  and for each planned project to the Legislature 14 days before
 2462  the convening of the regular legislative session. Verification
 2463  of economic feasibility and statements of environmental
 2464  feasibility for individual turnpike projects must be based on
 2465  the entire project as approved. Statements of environmental
 2466  feasibility are not required for those projects listed in s. 12,
 2467  chapter 90-136, Laws of Florida, for which the Project
 2468  Development and Environmental Reports were completed by July 1,
 2469  1990. All required environmental permits must be obtained before
 2470  the department may advertise for bids for contracts for the
 2471  construction of any turnpike project.
 2472         Section 50. Section 338.228, Florida Statutes, is amended
 2473  to read:
 2474         338.228 Bonds not debts or pledges of credit of state.
 2475  Turnpike revenue bonds issued under the provisions of ss.
 2476  338.22-338.241 are not debts of the state or pledges of the
 2477  faith and credit of the state. Such bonds are payable
 2478  exclusively from revenues pledged for their payment. All such
 2479  bonds must shall contain a statement on their face that the
 2480  state is not obligated to pay the same or the interest thereon,
 2481  except from the revenues pledged for their payment, and that the
 2482  faith and credit of the state is not pledged to the payment of
 2483  the principal or interest of such bonds. The issuance of
 2484  turnpike revenue bonds under the provisions of ss. 338.22
 2485  338.241 does not directly, indirectly, or contingently obligate
 2486  the state to levy or to pledge any form of taxation whatsoever,
 2487  or to make any appropriation for their payment. Except as
 2488  provided in ss. 338.001, 338.223, and 338.2275, and 339.65, no
 2489  state funds may not shall be used on any turnpike project or to
 2490  pay the principal or interest of any bonds issued to finance or
 2491  refinance any portion of the turnpike system, and all such bonds
 2492  must shall contain a statement on their face to this effect.
 2493         Section 51. Paragraph (c) is added to subsection (3) of
 2494  section 338.231, Florida Statutes, to read:
 2495         338.231 Turnpike tolls, fixing; pledge of tolls and other
 2496  revenues.—The department shall at all times fix, adjust, charge,
 2497  and collect such tolls and amounts for the use of the turnpike
 2498  system as are required in order to provide a fund sufficient
 2499  with other revenues of the turnpike system to pay the cost of
 2500  maintaining, improving, repairing, and operating such turnpike
 2501  system; to pay the principal of and interest on all bonds issued
 2502  to finance or refinance any portion of the turnpike system as
 2503  the same become due and payable; and to create reserves for all
 2504  such purposes.
 2505         (3)
 2506         (c) Notwithstanding any other law, the department shall
 2507  also assess an administrative fee of 25 cents per month as an
 2508  account maintenance charge to be applied against any prepaid
 2509  toll account of any kind which remains inactive for at least 24
 2510  months but not longer than 48 months. As long as a zero or
 2511  negative balance has not been reached, the administrative fee
 2512  shall be charged for each month of inactivity beginning with the
 2513  25th month of inactivity and continuing through the 48th month.
 2514  If the fee results in an account reaching a zero or negative
 2515  balance, the department shall close the account. If a positive
 2516  balance still remains after the 48th month, the balance shall be
 2517  presumed unclaimed and its disposition handled by the Department
 2518  of Financial Services in accordance with chapter 717 relating to
 2519  the disposition of unclaimed property, and the prepaid toll
 2520  account shall be closed by the department.
 2521         Section 52. Subsection (2) of section 338.234, Florida
 2522  Statutes, is amended to read:
 2523         338.234 Granting concessions or selling along the turnpike
 2524  system; immunity from taxation.—
 2525         (2) The effectuation of the authorized purposes of the
 2526  Strategic Intermodal System created pursuant to ss. 339.61
 2527  339.65 Florida Intrastate Highway System and Florida Turnpike
 2528  Enterprise, created under this chapter, is for the benefit of
 2529  the people of the state, for the increase of their commerce and
 2530  prosperity, and for the improvement of their health and living
 2531  conditions; and, because the system and enterprise perform
 2532  essential government functions in effectuating such purposes,
 2533  neither the turnpike enterprise nor any nongovernment lessee or
 2534  licensee renting, leasing, or licensing real property from the
 2535  turnpike enterprise, pursuant to an agreement authorized by this
 2536  section, are required to pay any commercial rental tax imposed
 2537  under s. 212.031 on any capital improvements constructed,
 2538  improved, acquired, installed, or used for such purposes.
 2539         Section 53. Section 339.0805, Florida Statutes, is amended
 2540  to read:
 2541         339.0805 Funds to be expended with certified disadvantaged
 2542  business enterprises; specified percentage to be expended;
 2543  construction management development program; bond guarantee
 2544  program.—It is the policy of the state to meaningfully assist
 2545  socially and economically disadvantaged business enterprises
 2546  through a program that provides will provide for the development
 2547  of skills through construction and business management training,
 2548  as well as by providing contracting opportunities and financial
 2549  assistance in the form of bond guarantees, to primarily remedy
 2550  the effects of past economic disparity.
 2551         (1)(a) Except to the extent that the head of the department
 2552  determines otherwise, The department shall expend not less than
 2553  10 percent of federal-aid highway funds as defined in 49 C.F.R.
 2554  part 26 s. 23.63(a) and state matching funds with small business
 2555  concerns owned and controlled by socially and economically
 2556  disadvantaged individuals as those terms are defined by the
 2557  Safe, Accountable, Flexible, Efficient Transportation Equity
 2558  Act: A Legacy for Users (SAFETEA-LU) Surface Transportation and
 2559  Uniform Relocation Assistance Act of 1987.
 2560         (b) Upon a determination by the department of past and
 2561  continuing discrimination in nonfederally funded projects on the
 2562  basis of race, color, creed, national origin, or sex, the
 2563  department may implement a program tailored to address specific
 2564  findings of disparity. The program may include the establishment
 2565  of annual goals for expending a percentage of state-administered
 2566  highway funds with small business concerns. The department may
 2567  use utilize set-asides for small business concerns to assist in
 2568  achieving goals established pursuant to this subsection. For the
 2569  purpose of this subsection, “small business concern” means a
 2570  business owned and controlled by socially and economically
 2571  disadvantaged individuals as defined by the Safe, Accountable,
 2572  Flexible, Efficient Transportation Equity Act: A Legacy for
 2573  Users (SAFETEA-LU) Surface Transportation and Uniform Relocation
 2574  Assistance Act of 1987. The head of the department may elect to
 2575  set goals only when significant disparity is documented. The
 2576  findings of a disparity study must shall be considered in
 2577  determining the program goals for each group qualified to
 2578  participate. Such a study shall be conducted or updated by the
 2579  department or its designee at a minimum of every 5 years. The
 2580  department shall adopt rules to implement this subsection on or
 2581  before October 1, 1993.
 2582         (c) The department shall certify a socially and
 2583  economically disadvantaged business enterprise, which
 2584  certification shall be valid for 12 months, or as prescribed by
 2585  49 C.F.R. part 23. The department’s initial application for
 2586  certification must for a socially and economically disadvantaged
 2587  business enterprise shall require sufficient information to
 2588  determine eligibility as a small business concern owned and
 2589  controlled by a socially and economically disadvantaged
 2590  individual. For continuing eligibility recertification of a
 2591  disadvantaged business enterprise, the department may accept an
 2592  affidavit, which meets department criteria as to form and
 2593  content, certifying that the business remains qualified for
 2594  certification in accordance with program requirements. A firm
 2595  that which does not fulfill all the department’s criteria for
 2596  certification may shall not be considered a disadvantaged
 2597  business enterprise. An applicant who is denied certification
 2598  may not reapply within 12 6 months after issuance of the denial
 2599  letter or the final order, whichever is later. The application
 2600  and financial information required by this section are
 2601  confidential and exempt from s. 119.07(1).
 2602         (2) The department shall remove revoke the certification of
 2603  a disadvantaged business enterprise upon receipt of notification
 2604  that of any change in ownership which results in the
 2605  disadvantaged individual or individuals who were used to qualify
 2606  the business as a disadvantaged business enterprise, no longer
 2607  own owning at least 51 percent of the business enterprise. Such
 2608  notification must shall be made to the department by certified
 2609  mail within 30 10 days after the change in ownership, and such
 2610  business shall be removed from the certified disadvantaged
 2611  business list until a new application is submitted and approved
 2612  by the department. Failure to notify the department of the
 2613  change in the ownership that which qualifies the business as a
 2614  disadvantaged business enterprise will also result in removal
 2615  revocation of certification and subject the business to the
 2616  provisions of s. 337.135. In addition, the department may, for
 2617  good cause, deny or remove suspend the certification of a
 2618  disadvantaged business enterprise. As used in this subsection,
 2619  the term “good cause” includes, but is not limited to, a the
 2620  disadvantaged business enterprise that:
 2621         (a) No longer meets meeting the certification standards set
 2622  forth in department rules;
 2623         (b) Makes Making a false, deceptive, or fraudulent
 2624  statement in its application for certification or in any other
 2625  information submitted to the department;
 2626         (c) Fails Failing to maintain the records required by
 2627  department rules;
 2628         (d) Fails Failing to perform a commercially useful function
 2629  on projects for which the enterprise was used to satisfy
 2630  contract goals;
 2631         (e) Fails Failing to fulfill its contractual obligations
 2632  with contractors;
 2633         (f) Fails Failing to respond with a statement of interest
 2634  to requests for bid quotations from contractors for three
 2635  consecutive lettings;
 2636         (g) Subcontracting to others more than 49 percent of the
 2637  amount of any single subcontract that was used by the prime
 2638  contractor to meet a contract goal;
 2639         (g)(h)Fails Failing to provide notarized certification of
 2640  payments received on specific projects to the prime contractor
 2641  if when required to do so by contract specifications;
 2642         (h)(i)Fails Failing to schedule an onsite review upon
 2643  request of the department; or
 2644         (i)(j)Becomes Becoming insolvent or the subject of a
 2645  bankruptcy proceeding.
 2646         (3) The head of the department may is authorized to expend
 2647  up to 6 percent of the funds specified in subsection (1), which
 2648  are designated to be expended on small business firms owned and
 2649  controlled by socially and economically disadvantaged
 2650  individuals, to conduct, by contract or otherwise, a
 2651  construction management development program. Participation in
 2652  the program is will be limited to those firms that which are
 2653  certified under the provisions of subsection (1) by the
 2654  department or the federal Small Business Administration, or to
 2655  any firm that meets the definition of a small business in 49
 2656  C.F.R. s. 26.65 which has annual gross receipts not exceeding $2
 2657  million averaged over a 3-year period. The program will consist
 2658  of classroom instruction and on-the-job instruction. To the
 2659  extent feasible, the registration fee shall be set to cover the
 2660  cost of instruction and overhead. A No salary may not will be
 2661  paid to a any participant.
 2662         (a) Classroom instruction must include will consist of, but
 2663  is not limited to, project planning methods for identifying
 2664  personnel, equipment, and financial resource needs; bookkeeping;
 2665  state bidding and bonding requirements; state and federal tax
 2666  requirements; and strategies for obtaining loans, bonding, and
 2667  joint venture agreements.
 2668         (b) On-the-job instruction must include will consist of,
 2669  but is not limited to, setting up the job site; cash-flow
 2670  methods; project scheduling; quantity takeoffs; estimating;
 2671  reading plans and specifications; department procedures on
 2672  billing and payments; quality assessment and control methods;
 2673  and bid preparation methods.
 2674         (c) Contractors who have demonstrated satisfactory project
 2675  performance, as defined by the department, may can be exempted
 2676  from the provisions of paragraphs (a) and (b) and be validated
 2677  as meeting the minimum curriculum standards of proficiency, in
 2678  the same manner as participants who successfully complete the
 2679  construction management development program only if they intend
 2680  to apply for funds under provided for in subsection (4).
 2681         (d) The department shall develop, under contract with the
 2682  State University System, the community college system, a school
 2683  district on in behalf of its career center, or a private
 2684  consulting firm, a curriculum for instruction in the courses
 2685  that will lead to a certification of proficiency in the
 2686  construction management development program.
 2687         (4) The head of the department may is authorized to expend
 2688  up to 4 percent of the funds specified in subsection (1) on a
 2689  bond guarantee program for participants who are certified under
 2690  subsection (1) and who meet the minimum curriculum standards of
 2691  proficiency. The state shall will guarantee up to 90 percent of
 2692  a bond amount of $250,000, or less, and 80 percent of a bond
 2693  amount greater than $250,000, which bond is provided by an
 2694  approved surety. However, in addition to the requirements of
 2695  paragraph (3)(c), the department shall retain 5 percent of the
 2696  total contract amount designated for the disadvantaged business
 2697  enterprise until final acceptance of the project, in order to
 2698  receive a bond guarantee. The department may shall not commit
 2699  funds for this program which are in excess of those funds
 2700  appropriated specifically for this purpose.
 2701         (5) Annually, The head of the department must annually is
 2702  required to report on the progress of the this program to the
 2703  President of the Senate, the Speaker of the House of
 2704  Representatives, and the Governor. The report must shall
 2705  include, as a minimum, the number of users of the bond guarantee
 2706  plan, along with the number of defaults and dollar loss to the
 2707  state; the number of students participating in the construction
 2708  management development program by urban location; the number
 2709  certified and not certified; the cost of the program categorized
 2710  by cost of administration, cost of instruction (on-the-job and
 2711  classroom instruction), and cost of supplies; and a comparison
 2712  figure of those firms certified by the department under
 2713  subsection (1) over the year, and the same figure for socially
 2714  and economically disadvantaged contractors prequalified to
 2715  perform prime contracting work for the department.
 2716         Section 54. Paragraph (c) of subsection (4) and paragraph
 2717  (e) of subsection (7) of section 339.135, Florida Statutes, are
 2718  amended to read:
 2719         339.135 Work program; legislative budget request;
 2720  definitions; preparation, adoption, execution, and amendment.—
 2721         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
 2722         (c)1. For purposes of this section, the board of county
 2723  commissioners shall serve as the metropolitan planning
 2724  organization in those counties that which are not located in a
 2725  metropolitan planning organization and shall be involved in the
 2726  development of the district work program to the same extent as a
 2727  metropolitan planning organization.
 2728         2. The district work program shall be developed
 2729  cooperatively from the outset with the various metropolitan
 2730  planning organizations of the state and include, to the maximum
 2731  extent feasible, the project priorities of metropolitan planning
 2732  organizations which have been submitted to the district by
 2733  October 1 of each year pursuant to s. 339.175(8)(b); however,
 2734  the department and a metropolitan planning organization may, in
 2735  writing, cooperatively agree to vary the this submittal date. To
 2736  assist the metropolitan planning organizations in developing
 2737  their lists of project priorities, the district shall disclose
 2738  to each metropolitan planning organization any anticipated
 2739  changes in the allocation or programming of state and federal
 2740  funds which may affect the inclusion of metropolitan planning
 2741  organization project priorities in the district work program.
 2742         3. Before Prior to submittal of the district work program
 2743  to the central office, the district shall provide the affected
 2744  metropolitan planning organization with written justification
 2745  for any project proposed to be rescheduled or deleted from the
 2746  district work program which project is part of the metropolitan
 2747  planning organization’s transportation improvement program and
 2748  is contained in the last 4 years of the previous adopted work
 2749  program. Within By no later than 14 days after submittal of the
 2750  district work program to the central office, the affected
 2751  metropolitan planning organization may file an objection to such
 2752  rescheduling or deletion. If When an objection is filed with the
 2753  secretary, the rescheduling or deletion may shall not be
 2754  included in the district work program unless the inclusion of
 2755  the such rescheduling or deletion is specifically approved by
 2756  the secretary. The Florida Transportation Commission shall
 2757  include such objections in its evaluation of the tentative work
 2758  program only when the secretary has approved the rescheduling or
 2759  deletion.
 2760         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
 2761         (e) The department may amend the adopted work program to
 2762  transfer fixed capital outlay appropriations for projects within
 2763  the same appropriations category or between appropriations
 2764  categories, including the following amendments, which are shall
 2765  be subject to the procedures in paragraph (f):
 2766         1. An Any amendment that which deletes any project or
 2767  project phase estimated to cost more than $150,000;
 2768         2. An Any amendment that which adds a project estimated to
 2769  cost over $500,000 $150,000 in funds appropriated by the
 2770  Legislature;
 2771         3. An Any amendment that which advances or defers to
 2772  another fiscal year, a right-of-way phase, a construction phase,
 2773  or a public transportation project phase estimated to cost over
 2774  $1.5 million $500,000 in funds appropriated by the Legislature,
 2775  except an amendment advancing a phase by 1 year to the current
 2776  fiscal year or deferring a phase for a period of 90 days or
 2777  less; or
 2778         4. An Any amendment that which advances or defers to
 2779  another fiscal year, a any preliminary engineering phase or
 2780  design phase estimated to cost over $500,000 $150,000 in funds
 2781  appropriated by the Legislature, except an amendment advancing a
 2782  phase by 1 year to the current fiscal year or deferring a phase
 2783  for a period of 90 days or less.
 2784  
 2785  Beginning July 1, 2013, the department shall index the budget
 2786  amendment threshold amounts established in this paragraph to the
 2787  Consumer Price Index or similar inflation indicators. Threshold
 2788  adjustments for inflation may not be made more than once per
 2789  year. Adjustments for inflation are subject to the notice and
 2790  review procedures in s. 216.177.
 2791         Section 55. Section 339.155, Florida Statutes, is amended
 2792  to read:
 2793         339.155 Transportation planning.—
 2794         (1) THE FLORIDA TRANSPORTATION PLAN.—The department shall
 2795  develop and annually update a statewide transportation plan, to
 2796  be known as the Florida Transportation Plan. The plan shall be
 2797  designed so as to be easily read and understood by the general
 2798  public. The plan must shall consider the needs of the entire
 2799  state transportation system and examine the use of all modes of
 2800  transportation in order to effectively and efficiently meet such
 2801  needs. The purpose of the Florida Transportation plan is to
 2802  establish and define the state’s long-range transportation goals
 2803  and objectives to be accomplished over a period of at least 20
 2804  years within the context of the State Comprehensive Plan, and
 2805  any other statutory mandates and authorizations and based upon
 2806  the prevailing principles of:
 2807         (a) Preserving the existing transportation infrastructure.
 2808         (b) Enhancing the state’s Florida’s economic
 2809  competitiveness.
 2810         (c) Improving travel choices to ensure mobility.
 2811         (d) Expanding the state’s role as a hub for trade and
 2812  investment.
 2813         (2) SCOPE OF PLANNING PROCESS.—The department shall carry
 2814  out a transportation planning process in conformance with s.
 2815  334.046(1) and 23 U.S.C. s. 135 which provides for consideration
 2816  of projects and strategies that will:
 2817         (a) Support the economic vitality of the United States,
 2818  Florida, and the metropolitan areas, especially by enabling
 2819  global competitiveness, productivity, and efficiency;
 2820         (b) Increase the safety and security of the transportation
 2821  system for motorized and nonmotorized users;
 2822         (c) Increase the accessibility and mobility options
 2823  available to people and for freight;
 2824         (d) Protect and enhance the environment, promote energy
 2825  conservation, and improve quality of life;
 2826         (e) Enhance the integration and connectivity of the
 2827  transportation system, across and between modes throughout
 2828  Florida, for people and freight;
 2829         (f) Promote efficient system management and operation; and
 2830         (g) Emphasize the preservation of the existing
 2831  transportation system.
 2832         (3) FORMAT, SCHEDULE, AND REVIEW.—The Florida
 2833  Transportation Plan must shall be a unified, concise planning
 2834  document that clearly defines the state’s long-range
 2835  transportation goals and objectives and documents the
 2836  department’s short-range objectives developed to further such
 2837  goals and objectives. The plan must: shall
 2838         (a) Include a glossary that clearly and succinctly defines
 2839  any and all phrases, words, or terms of art included in the
 2840  plan, with which the general public may be unfamiliar. and shall
 2841  consist of, at a minimum, the following components:
 2842         (b)(a)Document A long-range component documenting the
 2843  goals and long-term objectives necessary to implement the
 2844  results of the department’s findings from its examination of the
 2845  criteria specified listed in subsection (2) and s. 334.046(1)
 2846  and 23 U.S.C. s. 135. The long-range component must
 2847         (c) Be developed in cooperation with the metropolitan
 2848  planning organizations and reconciled, to the maximum extent
 2849  feasible, with the long-range plans developed by metropolitan
 2850  planning organizations pursuant to s. 339.175. The plan must
 2851  also
 2852         (d) Be developed in consultation with affected local
 2853  officials in nonmetropolitan areas and with any affected Indian
 2854  tribal governments. The plan must
 2855         (e) Provide an examination of transportation issues likely
 2856  to arise during at least a 20-year period. The long-range
 2857  component shall
 2858         (f) Be updated at least once every 5 years, or more often
 2859  as necessary, to reflect substantive changes to federal or state
 2860  law.
 2861         (b) A short-range component documenting the short-term
 2862  objectives and strategies necessary to implement the goals and
 2863  long-term objectives contained in the long-range component. The
 2864  short-range component must define the relationship between the
 2865  long-range goals and the short-range objectives, specify those
 2866  objectives against which the department’s achievement of such
 2867  goals will be measured, and identify transportation strategies
 2868  necessary to efficiently achieve the goals and objectives in the
 2869  plan. It must provide a policy framework within which the
 2870  department’s legislative budget request, the strategic
 2871  information resource management plan, and the work program are
 2872  developed. The short-range component shall serve as the
 2873  department’s annual agency strategic plan pursuant to s.
 2874  186.021. The short-range component shall be developed consistent
 2875  with available and forecasted state and federal funds. The
 2876  short-range component shall also be submitted to the Florida
 2877  Transportation Commission.
 2878         (4) ANNUAL PERFORMANCE REPORT.—The department shall develop
 2879  an annual performance report evaluating the operation of the
 2880  department for the preceding fiscal year. The report shall also
 2881  include a summary of the financial operations of the department
 2882  and shall annually evaluate how well the adopted work program
 2883  meets the short-term objectives contained in the short-range
 2884  component of the Florida Transportation Plan. This performance
 2885  report shall be submitted to the Florida Transportation
 2886  Commission and the legislative appropriations and transportation
 2887  committees.
 2888         (4)(5) ADDITIONAL TRANSPORTATION PLANS.—
 2889         (a) Upon request by local governmental entities, the
 2890  department may in its discretion develop and design
 2891  transportation corridors, arterial and collector streets,
 2892  vehicular parking areas, and other support facilities that which
 2893  are consistent with the department’s plans of the department for
 2894  major transportation facilities. The department may render to
 2895  local governmental entities or their planning agencies such
 2896  technical assistance and services as are necessary so that local
 2897  plans and facilities are coordinated with the plans and
 2898  facilities of the department.
 2899         (b) Each regional planning council, as provided for in s.
 2900  186.504, or any successor agency thereto, shall develop, as an
 2901  element of its strategic regional policy plan, transportation
 2902  goals and policies. The transportation goals and policies must
 2903  be prioritized to comply with the prevailing principles provided
 2904  in subsection (1) (2) and s. 334.046(1). The transportation
 2905  goals and policies must shall be consistent, to the maximum
 2906  extent feasible, with the goals and policies of the metropolitan
 2907  planning organization and the Florida Transportation Plan. The
 2908  transportation goals and policies of the regional planning
 2909  council are will be advisory only and must shall be submitted to
 2910  the department and any affected metropolitan planning
 2911  organization for their consideration and comments. Metropolitan
 2912  planning organization plans and other local transportation plans
 2913  must shall be developed to be consistent, to the maximum extent
 2914  feasible, with the regional transportation goals and policies.
 2915  The regional planning council shall review urbanized area
 2916  transportation plans and any other planning products stipulated
 2917  in s. 339.175 and provide the department and respective
 2918  metropolitan planning organizations with written recommendations
 2919  that which the department and the metropolitan planning
 2920  organizations shall take under advisement. Further, The regional
 2921  planning councils shall also directly assist local governments
 2922  that which are not part of a metropolitan area transportation
 2923  planning process in the development of the transportation
 2924  element of their comprehensive plans as required by s. 163.3177.
 2925         (c) Regional transportation plans may be developed in
 2926  regional transportation areas in accordance with an interlocal
 2927  agreement entered into pursuant to s. 163.01 by two or more
 2928  contiguous metropolitan planning organizations; one or more
 2929  metropolitan planning organizations and one or more contiguous
 2930  counties, none of which is a member of a metropolitan planning
 2931  organization; a multicounty regional transportation authority
 2932  created by or pursuant to law; two or more contiguous counties
 2933  that are not members of a metropolitan planning organization; or
 2934  metropolitan planning organizations comprised of three or more
 2935  counties.
 2936         (d) The interlocal agreement must, at a minimum, identify
 2937  the entity that will coordinate the development of the regional
 2938  transportation plan; delineate the boundaries of the regional
 2939  transportation area; provide the duration of the agreement and
 2940  specify how the agreement may be terminated, modified, or
 2941  rescinded; describe the process by which the regional
 2942  transportation plan will be developed; and provide how members
 2943  of the entity will resolve disagreements regarding
 2944  interpretation of the interlocal agreement or disputes relating
 2945  to the development or content of the regional transportation
 2946  plan. Such interlocal agreement becomes shall become effective
 2947  upon its recordation in the official public records of each
 2948  county in the regional transportation area.
 2949         (e) The regional transportation plan developed pursuant to
 2950  this section must, at a minimum, identify regionally significant
 2951  transportation facilities located within a regional
 2952  transportation area and contain a prioritized list of regionally
 2953  significant projects. The projects shall be adopted into the
 2954  capital improvements schedule of the local government
 2955  comprehensive plan pursuant to s. 163.3177(3).
 2956         (5)(6) PROCEDURES FOR PUBLIC PARTICIPATION IN
 2957  TRANSPORTATION PLANNING.—
 2958         (a) During the development of the long-range component of
 2959  the Florida Transportation Plan, and before prior to substantive
 2960  revisions, the department shall provide citizens, affected
 2961  public agencies, representatives of transportation agency
 2962  employees, other affected employee representatives, private
 2963  providers of transportation, and other known interested parties
 2964  with an opportunity to comment on the proposed plan or
 2965  revisions. These opportunities shall include, at a minimum,
 2966  include publishing a notice in the Florida Administrative Weekly
 2967  and within a newspaper of general circulation within the area of
 2968  each department district office.
 2969         (b) During development of major transportation
 2970  improvements, such as those increasing the capacity of a
 2971  facility through the addition of new lanes or providing new
 2972  access to a limited or controlled access facility or
 2973  construction of a facility in a new location, the department
 2974  shall hold one or more hearings before selecting prior to the
 2975  selection of the facility to be provided, selecting; prior to
 2976  the selection of the site or corridor of the proposed facility,
 2977  and selecting and committing; and prior to the selection of and
 2978  commitment to a specific design proposal for the proposed
 2979  facility. Such public hearings must shall be conducted so as to
 2980  provide an opportunity for effective participation by interested
 2981  persons in the process of transportation planning and site and
 2982  route selection and in the specific location and design of
 2983  transportation facilities. The various factors involved in the
 2984  decision or decisions and any alternative proposals must shall
 2985  be clearly presented so that the persons attending the hearing
 2986  may present their views relating to the decision or decisions to
 2987  which will be made.
 2988         (c) Opportunity for design hearings:
 2989         1. The department, before prior to holding a design
 2990  hearing, must shall duly notify all affected property owners of
 2991  record, as recorded in the property appraiser’s office, by mail
 2992  at least 20 days before prior to the date set for the hearing.
 2993  The affected property owners are shall be:
 2994         a. Those whose property lies in whole or in part within 300
 2995  feet on either side of the centerline of the proposed facility.
 2996         b. Those whom the department determines will be
 2997  substantially affected environmentally, economically, socially,
 2998  or safetywise.
 2999         2. For each subsequent hearing, the department shall
 3000  publish notice before prior to the hearing date in a newspaper
 3001  of general circulation for the area affected. The These notices
 3002  must be published twice, with the first notice appearing at
 3003  least 15 days, but no later than 30 days, before the hearing.
 3004         3. A copy of the notice of opportunity for the hearing must
 3005  be furnished to the United States Department of Transportation
 3006  and to the appropriate departments of the state government at
 3007  the time of publication.
 3008         4. The opportunity for another hearing must be provided
 3009  shall be afforded in any case where when proposed locations or
 3010  designs are so changed from those presented in the notices
 3011  specified in this paragraph above or at a hearing as to have a
 3012  substantially different social, economic, or environmental
 3013  effect.
 3014         5. The opportunity for a hearing must be provided shall be
 3015  afforded in any each case in which the department is in doubt as
 3016  to whether a hearing is required.
 3017         Section 56. Paragraph (a) of subsection (2), paragraph (a)
 3018  of subsection (4), and paragraph (b) of subsection (8) of
 3019  section 339.175, Florida Statutes, are amended to read:
 3020         339.175 Metropolitan planning organization.—
 3021         (2) DESIGNATION.—
 3022         (a)1. An M.P.O. shall be designated for each urbanized area
 3023  of the state; however, this does not require that an individual
 3024  M.P.O. does not have to be designated for each such area. Such
 3025  designation shall be accomplished by agreement between the
 3026  Governor and units of general-purpose local government
 3027  representing at least 75 percent of the population of the
 3028  urbanized area; however, the unit of general-purpose local
 3029  government that represents the central municipality city or
 3030  cities within the M.P.O. jurisdiction, as defined by the United
 3031  States Bureau of the Census, must be a party to such agreement.
 3032         2. To the extent possible, only one M.P.O. shall be
 3033  designated for each urbanized area or group of contiguous
 3034  urbanized areas. More than one M.P.O. may be designated within
 3035  an existing urbanized metropolitan planning area only if the
 3036  Governor and the existing M.P.O. determine that the size and
 3037  complexity of the existing urbanized metropolitan planning area
 3038  makes the designation of more than one M.P.O. for the area
 3039  appropriate.
 3040  
 3041  Each M.P.O. required under this section must be fully operative
 3042  no later than 6 months following its designation.
 3043         (4) APPORTIONMENT.—
 3044         (a) The Governor shall, with the agreement of the affected
 3045  units of general-purpose local government as required by federal
 3046  rules and regulations, shall apportion the membership on the
 3047  applicable M.P.O. among the various governmental entities within
 3048  the area. At the request of a majority of the affected units of
 3049  general-purpose local government comprising an M.P.O., the
 3050  Governor and a majority of units of general-purpose local
 3051  government serving on an M.P.O. shall cooperatively agree upon
 3052  and prescribe who may serve as an alternate member and a method
 3053  for appointing alternate members who may vote at any M.P.O.
 3054  meeting that an alternate member attends in place of a regular
 3055  member. The method must shall be set forth as a part of the
 3056  interlocal agreement describing the M.P.O.’s membership or in
 3057  the M.P.O.’s operating procedures and bylaws. The governmental
 3058  entity so designated shall appoint the appropriate number of
 3059  members to the M.P.O. from eligible officials. Representatives
 3060  of the department shall serve as nonvoting advisors members of
 3061  the M.P.O. governing board. Additional nonvoting advisers may be
 3062  appointed by the M.P.O. as deemed necessary; however, to the
 3063  maximum extent feasible, each M.P.O. shall seek to appoint
 3064  nonvoting representatives of various multimodal forms of
 3065  transportation not otherwise represented by voting members of
 3066  the M.P.O. An M.P.O. shall appoint nonvoting advisers
 3067  representing major military installations located within the
 3068  jurisdictional boundaries of the M.P.O. upon the request of the
 3069  aforesaid major military installations and subject to the
 3070  agreement of the M.P.O. All nonvoting advisers may attend and
 3071  participate fully in governing board meetings but may shall not
 3072  have a vote and may shall not be members of the governing board.
 3073  The Governor shall review the composition of the M.P.O.
 3074  membership in conjunction with the decennial census as prepared
 3075  by the United States Department of Commerce, Bureau of the
 3076  Census, and reapportion it as necessary to comply with
 3077  subsection (3).
 3078         (8) TRANSPORTATION IMPROVEMENT PROGRAM.—Each M.P.O. shall,
 3079  in cooperation with the state and affected public transportation
 3080  operators, develop a transportation improvement program for the
 3081  area within the jurisdiction of the M.P.O. In the development of
 3082  the transportation improvement program, each M.P.O. must provide
 3083  the public, affected public agencies, representatives of
 3084  transportation agency employees, freight shippers, providers of
 3085  freight transportation services, private providers of
 3086  transportation, representatives of users of public transit, and
 3087  other interested parties with a reasonable opportunity to
 3088  comment on the proposed transportation improvement program.
 3089         (b) Each M.P.O. annually shall prepare a list of project
 3090  priorities and shall submit the list to the appropriate district
 3091  of the department by October 1 of each year; however, the
 3092  department and a metropolitan planning organization may, in
 3093  writing, agree to vary this submittal date. If more than one
 3094  M.P.O. exists within an urbanized area, the M.P.O.s must
 3095  coordinate in the development of regionally significant project
 3096  priorities. The list of project priorities must be formally
 3097  reviewed by the technical and citizens’ advisory committees, and
 3098  approved by the M.P.O., before it is transmitted to the
 3099  district. The approved list of project priorities must be used
 3100  by the district in developing the district work program and must
 3101  be used by the M.P.O. in developing its transportation
 3102  improvement program. The annual list of project priorities must
 3103  be based upon project selection criteria that, at a minimum,
 3104  consider the following:
 3105         1. The approved M.P.O. long-range transportation plan;
 3106         2. The Strategic Intermodal System Plan developed under s.
 3107  339.64.
 3108         3. The priorities developed pursuant to s. 339.2819(4).
 3109         4. The results of the transportation management systems;
 3110  and
 3111         5. The M.P.O.’s public-involvement procedures.
 3112         Section 57. Subsections (1), (2), (3), and (4) of section
 3113  339.2819, Florida Statutes, are amended to read:
 3114         339.2819 Transportation Regional Incentive Program.—
 3115         (1) The There is created within the Department of
 3116  Transportation a Transportation Regional Incentive Program is
 3117  created within the Department of Transportation for the purpose
 3118  of providing funds to improve regionally significant
 3119  transportation facilities in regional transportation areas
 3120  created pursuant to s. 339.155(4) 339.155(5).
 3121         (2) The percentage of matching funds provided from the
 3122  Transportation Regional Incentive Program shall provide matching
 3123  funds of up to be 50 percent of project costs.
 3124         (3) The department shall allocate funding available for the
 3125  Transportation Regional Incentive Program to the districts based
 3126  on a factor derived from equal parts of population and motor
 3127  fuel collections for eligible counties in regional
 3128  transportation areas created pursuant to s. 339.155(4)
 3129  339.155(5).
 3130         (4)(a) Projects to be funded with Transportation Regional
 3131  Incentive Program funds shall, at a minimum, must:
 3132         1. Support those transportation facilities that Serve
 3133  national, statewide, or regional functions and function as part
 3134  of an integrated regional transportation system.
 3135         2. Be identified in the capital improvements element of a
 3136  comprehensive plan that has been determined to be in compliance
 3137  with part II of chapter 163, after July 1, 2005. Further, The
 3138  project must also shall be in compliance with local government
 3139  comprehensive plan policies relative to corridor management.
 3140         3. Be consistent with the Strategic Intermodal System Plan
 3141  developed under s. 339.64.
 3142         4. Have a commitment for local, regional, or private
 3143  financial matching funds as a percentage of the overall project
 3144  cost.
 3145         (b) Projects funded under this section must be included in
 3146  the department’s work program developed pursuant to s. 339.135.
 3147  In identifying projects to be funded with allocating
 3148  Transportation Regional Incentive Program funds, the department
 3149  must ensure that such projects meet the requirements of this
 3150  section and give priority shall be given to projects that:
 3151         1. Provide connectivity to the Strategic Intermodal System
 3152  developed under s. 339.64.
 3153         2. Support economic development and the movement of goods
 3154  in rural areas of critical economic concern designated under s.
 3155  288.0656(7).
 3156         3. Are subject to a local ordinance that establishes
 3157  corridor management techniques, including access management
 3158  strategies, right-of-way acquisition and protection measures,
 3159  appropriate land use strategies, zoning, and setback
 3160  requirements for adjacent land uses.
 3161         4. Improve connectivity between military installations and
 3162  the Strategic Highway Network or the Strategic Rail Corridor
 3163  Network.
 3164         Section 58. Subsection (6) of section 339.285, Florida
 3165  Statutes, is amended to read:
 3166         339.285 Enhanced Bridge Program for Sustainable
 3167  Transportation.—
 3168         (6) Preference shall be given to bridge projects located on
 3169  corridors that connect to the Strategic Intermodal System,
 3170  created under s. 339.64, and that have been identified as
 3171  regionally significant in accordance with s. 339.155(4)(c)-(e)
 3172  339.155(5)(c), (d), and (e).
 3173         Section 59. Subsections (1) and (6) of section 339.62,
 3174  Florida Statutes, are amended to read:
 3175         339.62 System components.—The Strategic Intermodal System
 3176  shall consist of appropriate components of:
 3177         (1) Highway corridors The Florida Intrastate Highway System
 3178  established under s. 339.65 338.001.
 3179         (6) Other existing or planned corridors that serve a
 3180  statewide or interregional purpose.
 3181         Section 60. Subsections (2) and (4) of section 339.63,
 3182  Florida Statutes, are amended, and subsections (5) and (6) are
 3183  added to that section, to read:
 3184         339.63 System facilities designated; additions and
 3185  deletions.—
 3186         (2) The Strategic Intermodal System and the Emerging
 3187  Strategic Intermodal System include the following five four
 3188  different types of facilities which that each form one component
 3189  of an interconnected transportation system which types include:
 3190         (a) Existing or planned hubs that are ports and terminals
 3191  including airports, seaports, spaceports, passenger terminals,
 3192  and rail terminals that serving to move goods or people between
 3193  Florida regions of the state or between this state Florida and
 3194  other markets in the United States and the rest of the world.
 3195         (b) Existing or planned corridors that are highways, rail
 3196  lines, waterways, and other exclusive-use facilities connecting
 3197  major markets within the state Florida or between this state
 3198  Florida and other states or nations.
 3199         (c) Existing or planned intermodal connectors that are
 3200  highways, rail lines, waterways or local public transit systems
 3201  that serve serving as connectors between the components listed
 3202  in paragraphs (a) and (b).
 3203         (d) Existing or planned military access facilities that are
 3204  highways or rail lines linking Strategic Intermodal System
 3205  corridors to the state’s strategic military installations.
 3206         (e)(d) Existing or planned facilities that significantly
 3207  improve the state’s competitive position to compete for the
 3208  movement of additional goods into and through this state.
 3209         (4) Except as provided in subsections (5) and (6), after
 3210  the initial designation of the Strategic Intermodal System under
 3211  subsection (1), the department shall, in coordination with the
 3212  metropolitan planning organizations, local governments, regional
 3213  planning councils, transportation providers, and affected public
 3214  agencies, add facilities to or delete facilities from the
 3215  Strategic Intermodal System described in paragraph (2)(a) based
 3216  upon criteria adopted by the department.
 3217         (5)However, An airport that is designated as a reliever
 3218  airport to a Strategic Intermodal System airport which has at
 3219  least 75,000 itinerant operations per year, has a runway length
 3220  of at least 5,500 linear feet, is capable of handling aircraft
 3221  weighing at least 60,000 pounds with a dual wheel configuration
 3222  which is served by at least one precision instrument approach,
 3223  and serves a cluster of aviation-dependent industries, shall be
 3224  designated as part of the Strategic Intermodal System by the
 3225  Secretary of Transportation upon the request of a reliever
 3226  airport meeting this criteria.
 3227         (6)(a) Upon the request of a facility that is described in
 3228  subsection (2), that meets the definition of an intermodal
 3229  logistics center as defined in s. 311.101(1), and that has been
 3230  designated in the local comprehensive plan as an intermodal
 3231  logistics center or an equivalent planning term, the Secretary
 3232  of Transportation shall designate such planned facility as part
 3233  of the Strategic Intermodal System.
 3234         (b) If a facility is designated as part of the Strategic
 3235  Intermodal System pursuant to paragraph (a) and is within the
 3236  jurisdiction of a local government that maintains a
 3237  transportation concurrency system, such facility shall receive a
 3238  waiver of transportation concurrency requirements applicable to
 3239  Strategic Intermodal System facilities in order to accommodate
 3240  any development at the facility which occurs pursuant to a
 3241  building permit issued on or before December 31, 2017, but only
 3242  if such facility is located:
 3243         1. Within an area designated as a rural area of critical
 3244  economic concern pursuant to s. 288.0656(7);
 3245         2. Within a rural enterprise zone as defined in s.
 3246  290.004(5); or
 3247         3. Within 10 miles of the boundary of a rural area of
 3248  critical economic concern or a rural enterprise zone.
 3249         Section 61. Section 339.64, Florida Statutes, is amended to
 3250  read:
 3251         339.64 Strategic Intermodal System Plan.—
 3252         (1) The department shall develop, in cooperation with
 3253  metropolitan planning organizations, regional planning councils,
 3254  local governments, the Statewide Intermodal Transportation
 3255  Advisory Council and other transportation providers, a Strategic
 3256  Intermodal System Plan. The plan must shall be consistent with
 3257  the Florida Transportation Plan developed pursuant to s. 339.155
 3258  and shall be updated at least once every 5 years, subsequent to
 3259  updates of the Florida Transportation Plan.
 3260         (2) In association with the continued development of the
 3261  Strategic Intermodal System Plan, the Florida Transportation
 3262  Commission, as part of its work program review process, shall
 3263  conduct an annual assessment of the progress that the department
 3264  and its transportation partners have made in realizing the goals
 3265  of economic development, improved mobility, and increased
 3266  intermodal connectivity of the Strategic Intermodal System. The
 3267  Florida Transportation Commission shall coordinate with the
 3268  department, the Statewide Intermodal Transportation Advisory
 3269  Council, and other appropriate entities when developing this
 3270  assessment. The Florida Transportation Commission shall deliver
 3271  a report to the Governor and Legislature within no later than 14
 3272  days after the regular session begins, with recommendations as
 3273  necessary to fully implement the Strategic Intermodal System.
 3274         (3)(a) During the development of updates to the Strategic
 3275  Intermodal System Plan, the department shall provide
 3276  metropolitan planning organizations, regional planning councils,
 3277  local governments, transportation providers, affected public
 3278  agencies, and citizens with an opportunity to participate in and
 3279  comment on the development of the update.
 3280         (b) The department also shall coordinate with federal,
 3281  regional, and local partners the planning for the Strategic
 3282  Highway Network and the Strategic Rail Corridor Network
 3283  transportation facilities that either are included in the
 3284  Strategic Intermodal System, or that provide a direct connection
 3285  between military installations and the Strategic Intermodal
 3286  System, with federal, regional, and local partners. In addition,
 3287  The department shall also coordinate with regional and local
 3288  partners to determine whether the road and other transportation
 3289  infrastructure that connect military installations to the
 3290  Strategic Intermodal System, the Strategic Highway Network, or
 3291  the Strategic Rail Corridor is regionally significant and should
 3292  be included in the Strategic Intermodal System Plan.
 3293         (4) The Strategic Intermodal System Plan must shall include
 3294  the following:
 3295         (a) A needs assessment.
 3296         (b) A project prioritization process.
 3297         (c) A map of facilities designated as Strategic Intermodal
 3298  System facilities; facilities that are emerging in importance
 3299  and that are likely to become part of the system in the future;
 3300  and planned facilities that will meet the established criteria.
 3301         (d) A finance plan based on reasonable projections of
 3302  anticipated revenues, including both 10-year and at least 20
 3303  year cost-feasible components.
 3304         (e) An assessment of the impacts of proposed improvements
 3305  to Strategic Intermodal System corridors on military
 3306  installations that are either located directly on the Strategic
 3307  Intermodal System or located on the Strategic Highway Network or
 3308  Strategic Rail Corridor Network.
 3309         (5) STATEWIDE INTERMODAL TRANSPORTATION ADVISORY COUNCIL.—
 3310         (a) The Statewide Intermodal Transportation Advisory
 3311  Council is created to advise and make recommendations to the
 3312  Legislature and the department on policies, planning, and
 3313  funding of intermodal transportation projects. The council’s
 3314  responsibilities shall include:
 3315         1. Advising the department on the policies, planning, and
 3316  implementation of strategies related to intermodal
 3317  transportation.
 3318         2. Providing advice and recommendations to the Legislature
 3319  on funding for projects to move goods and people in the most
 3320  efficient and effective manner for the State of Florida.
 3321         (b) MEMBERSHIP.—Members of the Statewide Intermodal
 3322  Transportation Advisory Council shall consist of the following:
 3323         1. Six intermodal industry representatives selected by the
 3324  Governor as follows:
 3325         a. One representative from an airport involved in the
 3326  movement of freight and people from their airport facility to
 3327  another transportation mode.
 3328         b. One individual representing a fixed-route, local
 3329  government transit system.
 3330         c. One representative from an intercity bus company
 3331  providing regularly scheduled bus travel as determined by
 3332  federal regulations.
 3333         d. One representative from a spaceport.
 3334         e. One representative from intermodal trucking companies.
 3335         f. One representative having command responsibilities of a
 3336  major military installation.
 3337         2. Three intermodal industry representatives selected by
 3338  the President of the Senate as follows:
 3339         a. One representative from major-line railroads.
 3340         b. One representative from seaports listed in s. 311.09(1)
 3341  from the Atlantic Coast.
 3342         c. One representative from an airport involved in the
 3343  movement of freight and people from their airport facility to
 3344  another transportation mode.
 3345         3. Three intermodal industry representatives selected by
 3346  the Speaker of the House of Representatives as follows:
 3347         a. One representative from short-line railroads.
 3348         b. One representative from seaports listed in s. 311.09(1)
 3349  from the Gulf Coast.
 3350         c. One representative from intermodal trucking companies.
 3351  In no event may this representative be employed by the same
 3352  company that employs the intermodal trucking company
 3353  representative selected by the Governor.
 3354         (c) Initial appointments to the council must be made no
 3355  later than 30 days after the effective date of this section.
 3356         1. The initial appointments made by the President of the
 3357  Senate and the Speaker of the House of Representatives shall
 3358  serve terms concurrent with those of the respective appointing
 3359  officer. Beginning January 15, 2005, and for all subsequent
 3360  appointments, council members appointed by the President of the
 3361  Senate and the Speaker of the House of Representatives shall
 3362  serve 2-year terms, concurrent with the term of the respective
 3363  appointing officer.
 3364         2. The initial appointees, and all subsequent appointees,
 3365  made by the Governor shall serve 2-year terms.
 3366         3. Vacancies on the council shall be filled in the same
 3367  manner as the initial appointments.
 3368         (d) Each member of the council shall be allowed one vote.
 3369  The council shall select a chair from among its membership.
 3370  Meetings shall be held at the call of the chair, but not less
 3371  frequently than quarterly. The members of the council shall be
 3372  reimbursed for per diem and travel expenses as provided in s.
 3373  112.061.
 3374         (e) The department shall provide administrative staff
 3375  support and shall ensure that council meetings are
 3376  electronically recorded. Such recordings and all documents
 3377  received, prepared for, or used by the council in conducting its
 3378  business shall be preserved pursuant to chapters 119 and 257.
 3379         Section 62. Section 339.65, Florida Statutes, is created to
 3380  read:
 3381         339.65Strategic Intermodal System highway corridors.—
 3382         (1) The department shall plan and develop Strategic
 3383  Intermodal System highway corridors, including limited and
 3384  controlled access facilities, allowing for high-speed and high
 3385  volume traffic movements within the state. The primary function
 3386  of the corridors is to provide for traffic movement. Access to
 3387  abutting land is subordinate to this function and must be
 3388  prohibited or highly regulated.
 3389         (2) Strategic Intermodal System highway corridors must
 3390  include facilities from the following components of the State
 3391  Highway System which meet the criteria adopted by the department
 3392  pursuant to s. 339.63:
 3393         (a) Interstate highways.
 3394         (b) The Florida Turnpike System.
 3395         (c) Interregional and intercity limited access facilities.
 3396         (d) Existing interregional and intercity arterial highways
 3397  previously upgraded or upgraded in the future to limited access
 3398  or controlled access facility standards.
 3399         (e) New limited access facilities necessary to complete a
 3400  balanced statewide system.
 3401         (3) The department shall adhere to the following policy
 3402  guidelines in the development of Strategic Intermodal System
 3403  highway corridors:
 3404         (a) Making capacity improvements to existing facilities, if
 3405  feasible, in order to minimize costs and environmental impacts.
 3406         (b) Identifying appropriate arterial highways in major
 3407  transportation corridors for inclusion in a program to bring
 3408  these facilities up to limited access or controlled access
 3409  facility standards.
 3410         (c) Coordinating proposed projects with appropriate limited
 3411  access projects undertaken by expressway authorities and local
 3412  governmental entities.
 3413         (d) Maximizing the use of limited access facility standards
 3414  when constructing new arterial highways.
 3415         (e) Identifying appropriate new limited access highways for
 3416  inclusion in the Florida Turnpike System.
 3417         (f) To the maximum extent feasible, ensuring that proposed
 3418  projects are consistent with approved local government
 3419  comprehensive plans of the local jurisdictions in which such
 3420  facilities are to be located and with the transportation
 3421  improvement program of any metropolitan planning organization
 3422  where such facilities are to be located.
 3423         (4) The department shall develop and maintain a plan of
 3424  Strategic Intermodal System highway corridor projects that are
 3425  anticipated to be let to contract for construction within a time
 3426  period of at least 20 years. The plan must also identify when
 3427  segments of the corridor will meet the standards and criteria
 3428  developed pursuant to subsection (5).
 3429         (5) The department shall establish the standards and
 3430  criteria for the functional characteristics and design of
 3431  facilities proposed as part of Strategic Intermodal System
 3432  highway corridors.
 3433         (6) For the purposes of developing the proposed Strategic
 3434  Intermodal System highway corridors, beginning in the 2012-2013
 3435  fiscal year and for each fiscal year thereafter, the minimum
 3436  amount allocated shall be based on the 2003-2004 fiscal year
 3437  allocation of $450 million adjusted annually by the change in
 3438  the Consumer Price Index for the prior fiscal year compared to
 3439  the Consumer Price Index for the 2003-2004 fiscal year.
 3440         (7) Any project to be constructed as part of a Strategic
 3441  Intermodal System highway corridor must be included in the
 3442  department’s adopted work program. Corridor projects that are
 3443  added to or deleted from the previous adopted work program, or
 3444  modifications to corridor projects contained in the previous
 3445  adopted work program, must be specifically identified and
 3446  submitted as a separate part of the tentative work program.
 3447         Section 63. Subsection (2) of section 341.053, Florida
 3448  Statutes, is amended to read:
 3449         341.053 Intermodal Development Program; administration;
 3450  eligible projects; limitations.—
 3451         (2) In recognition of the department’s role in the economic
 3452  development of this state, the department shall develop a
 3453  proposed intermodal development plan to connect Florida’s
 3454  airports, deepwater seaports, rail systems serving both
 3455  passenger and freight, and major intermodal connectors to the
 3456  Strategic Intermodal System highway corridors Florida Intrastate
 3457  Highway System facilities as the primary system for the movement
 3458  of people and freight in this state in order to make the
 3459  intermodal development plan a fully integrated and
 3460  interconnected system. The intermodal development plan must:
 3461         (a) Define and assess the state’s freight intermodal
 3462  network, including airports, seaports, rail lines and terminals,
 3463  intercity bus lines and terminals, and connecting highways.
 3464         (b) Prioritize statewide infrastructure investments,
 3465  including the acceleration of current projects, which are found
 3466  by the Freight Stakeholders Task Force to be priority projects
 3467  for the efficient movement of people and freight.
 3468         (c) Be developed in a manner that will assure maximum use
 3469  of existing facilities and optimum integration and coordination
 3470  of the various modes of transportation, including both
 3471  government-owned and privately owned resources, in the most
 3472  cost-effective manner possible.
 3473         Section 64. Section 341.840, Florida Statutes, is amended
 3474  to read:
 3475         341.840 Tax exemption.—
 3476         (1) The exercise of the powers granted by this act will be
 3477  in all respects for the benefit of the people of this state, for
 3478  the increase of their commerce, welfare, and prosperity, and for
 3479  the improvement of their health and living conditions. The
 3480  design, construction, operation, maintenance, and financing of a
 3481  high-speed rail system by the department authority, its agent,
 3482  or the owner or lessee thereof, as herein authorized,
 3483  constitutes the performance of an essential public function.
 3484         (2)(a) For the purposes of this section, the term
 3485  “department” “authority” does not include agents of the
 3486  department authority other than contractors who qualify as such
 3487  pursuant to subsection (7).
 3488         (b) For the purposes of this section, any item or property
 3489  that is within the definition of “associated development” in s.
 3490  341.8203(1) is shall not be considered to be part of the high
 3491  speed rail system as defined in s. 341.8203(3) 341.8203(6).
 3492         (3)(a) Purchases or leases of tangible personal property or
 3493  real property by the department authority, excluding agents of
 3494  the department authority, are exempt from taxes imposed by
 3495  chapter 212 as provided in s. 212.08(6). Purchases or leases of
 3496  tangible personal property that is incorporated into the high
 3497  speed rail system as a component part thereof, as determined by
 3498  the department authority, by agents of the department authority
 3499  or the owner of the high-speed rail system are exempt from sales
 3500  or use taxes imposed by chapter 212. Leases, rentals, or
 3501  licenses to use real property granted to agents of the
 3502  department authority or the owner of the high-speed rail system
 3503  are exempt from taxes imposed by s. 212.031 if the real property
 3504  becomes part of such system. The exemptions granted in this
 3505  subsection do not apply to sales, leases, or licenses by the
 3506  department authority, agents of the department authority, or the
 3507  owner of the high-speed rail system.
 3508         (b) The exemption granted in paragraph (a) to purchases or
 3509  leases of tangible personal property by agents of the department
 3510  authority or by the owner of the high-speed rail system applies
 3511  only to property that becomes a component part of such system.
 3512  It does not apply to items, including, but not limited to,
 3513  cranes, bulldozers, forklifts, other machinery and equipment,
 3514  tools and supplies, or other items of tangible personal property
 3515  used in the construction, operation, or maintenance of the high
 3516  speed rail system if when such items are not incorporated into
 3517  the high-speed rail system as a component part thereof.
 3518         (4) Any bonds or other security, and all notes, mortgages,
 3519  security agreements, letters of credit, or other instruments
 3520  that arise out of or are given to secure the repayment of bonds
 3521  or other security, issued by the department authority, or on
 3522  behalf of the department authority, their transfer, and the
 3523  income therefrom, including any profit made on the sale thereof,
 3524  is shall at all times be free from taxation of every kind by the
 3525  state, the counties, and the municipalities and other political
 3526  subdivisions in the state. This subsection, However, does not
 3527  exempt from taxation or assessment the leasehold interest of a
 3528  lessee in any project or any other property or interest owned by
 3529  the lessee is not exempt from taxation or assessment. The
 3530  exemption granted by this subsection does is not apply
 3531  applicable to any tax imposed by chapter 220 on interest income
 3532  or profits on the sale of debt obligations owned by
 3533  corporations.
 3534         (5) If When property of the department authority is leased
 3535  to another person or entity, the property is shall be exempt
 3536  from ad valorem taxation only if the use by the lessee qualifies
 3537  the property for exemption under s. 196.199.
 3538         (6) A leasehold interest held by the department authority
 3539  is not subject to intangible tax. However, if the a leasehold
 3540  interest held by the authority is subleased to a nongovernmental
 3541  lessee, the such subleasehold interest is shall be deemed to be
 3542  an interest described in s. 199.023(1)(d), Florida Statutes
 3543  2005, and is subject to the intangible tax.
 3544         (7)(a) In order to be considered an agent of the department
 3545  authority for purposes of the exemption from sales and use tax
 3546  granted by subsection (3) for tangible personal property
 3547  incorporated into the high-speed rail system, a contractor of
 3548  the department authority that purchases or fabricates such
 3549  tangible personal property must be certified by the department
 3550  authority as provided in this subsection.
 3551         (b)1. A contractor must apply for a renewal of the
 3552  exemption by not later than December 1 of each calendar year.
 3553         2. A contractor must apply to the department authority on
 3554  the application form developed by the department adopted by the
 3555  authority, which shall develop the form in consultation with the
 3556  Department of Revenue, and adopted by department rule.
 3557         3. The department authority shall review each submitted
 3558  application and determine whether it is complete. The department
 3559  authority shall notify the applicant of any deficiencies in the
 3560  application within 30 days. Upon receipt of a completed
 3561  application, the department authority shall evaluate the
 3562  application for exemption under this subsection and issue a
 3563  certification that the contractor is qualified to act as an
 3564  agent of the department authority for purposes of this section
 3565  or a denial of such certification within 30 days. The department
 3566  authority shall provide the Department of Revenue with a copy of
 3567  each certification issued upon approval of an application. Upon
 3568  receipt of a certification from the department authority, the
 3569  Department of Revenue shall issue an exemption permit to the
 3570  contractor.
 3571         (c)1. The contractor may extend a copy of its exemption
 3572  permit to its vendors in lieu of paying sales tax on purchases
 3573  of tangible personal property which qualify qualifying for
 3574  exemption under this section. Possession of a copy of the
 3575  exemption permit relieves the seller of the responsibility for
 3576  of collecting tax on the sale, and the Department of Revenue
 3577  shall look solely to the contractor for recovery of tax upon
 3578  determining a determination that the contractor was not entitled
 3579  to the exemption.
 3580         2. The contractor may extend a copy of its exemption permit
 3581  to real property subcontractors supplying and installing
 3582  tangible personal property that is exempt under subsection (3).
 3583  Any such subcontractor may is authorized to extend a copy of the
 3584  permit to the subcontractor’s vendors in order to purchase
 3585  qualifying tangible personal property tax-exempt. If the
 3586  subcontractor uses the exemption permit to purchase tangible
 3587  personal property that is determined not to qualify for
 3588  exemption under subsection (3), the Department of Revenue may
 3589  assess and collect any tax, penalties, and interest that are due
 3590  from either the contractor holding the exemption permit or the
 3591  subcontractor that extended the exemption permit to the seller.
 3592         (d) A Any contractor authorized to act as an agent of the
 3593  department authority under this section shall maintain the
 3594  necessary books and records to document the exempt status of
 3595  purchases and fabrication costs made or incurred under the
 3596  permit. In addition, An authorized contractor extending its
 3597  exemption permit to its subcontractors shall also maintain a
 3598  copy of the subcontractor’s books, records, and invoices
 3599  indicating all purchases made by the subcontractor under the
 3600  authorized contractor’s permit. If, in an audit conducted by the
 3601  Department of Revenue, it is determined that tangible personal
 3602  property purchased or fabricated claiming exemption under this
 3603  section does not meet the criteria for exemption, the amount of
 3604  taxes not paid at the time of purchase or fabrication are shall
 3605  be immediately due and payable to the Department of Revenue,
 3606  together with the appropriate interest and penalty, computed
 3607  from the date of purchase, in the manner prescribed under by
 3608  chapter 212.
 3609         (e) If a contractor fails to apply for a high-speed rail
 3610  system exemption permit, or if a contractor initially determined
 3611  by the department authority to not qualify for exemption is
 3612  subsequently determined to be eligible, the contractor shall
 3613  receive the benefit of the exemption in this subsection through
 3614  a refund of previously paid taxes for transactions that
 3615  otherwise would have been exempt. A refund may not be made for
 3616  such taxes without the issuance of a certification by the
 3617  department authority that the contractor was authorized to make
 3618  purchases tax-exempt and a determination by the Department of
 3619  Revenue that the purchases qualified for the exemption.
 3620         (f) The department authority may adopt rules governing the
 3621  application process for exemption of a contractor as an
 3622  authorized agent of the department authority.
 3623         (g) The Department of Revenue may adopt rules governing the
 3624  issuance and form of high-speed rail system exemption permits,
 3625  the audit of contractors and subcontractors using such permits,
 3626  the recapture of taxes on nonqualified purchases, and the manner
 3627  and form of refund applications.
 3628         Section 65. Paragraphs (c) and (e) of subsection (2) of
 3629  section 343.53, Florida Statutes, are amended to read:
 3630         343.53 South Florida Regional Transportation Authority.—
 3631         (2) The governing board of the authority shall consist of
 3632  nine voting members, as follows:
 3633         (c) The Secretary of the Department of Transportation shall
 3634  appoint one of the district secretaries, or his or her designee,
 3635  for the districts within which the area served by the South
 3636  Florida Regional Transportation Authority is located. However,
 3637  the secretary’s appointee shall serve in an ex officio,
 3638  nonvoting capacity.
 3639         (e) The Governor shall appoint three two members to the
 3640  board who are residents and qualified electors in the area
 3641  served by the authority but who are not residents of the same
 3642  county and also not residents of the county in which the
 3643  district secretary who was appointed pursuant to paragraph (c)
 3644  is a resident.
 3645         Section 66. Transfer to the Florida Turnpike Enterprise.
 3646  The governance and control of the Mid-Bay Bridge Authority
 3647  system, created pursuant to chapter 2000-411, Laws of Florida,
 3648  is transferred to the Florida Turnpike Enterprise.
 3649         (1)The assets, facilities, tangible and intangible
 3650  property, any rights in such property, and any other legal
 3651  rights of the authority, including the bridge system operated by
 3652  the authority, are transferred to the turnpike enterprise. All
 3653  powers of the authority shall succeed to the turnpike
 3654  enterprise, and the operations and maintenance of the bridge
 3655  system shall be under the control of the turnpike enterprise,
 3656  pursuant to this section. Revenues collected on the bridge
 3657  system may be considered turnpike revenues and the Mid-Bay
 3658  Bridge may be considered part of the turnpike system if bonds of
 3659  the authority are not outstanding. The turnpike enterprise also
 3660  assumes all liability for bonds of the bridge authority pursuant
 3661  to subsection (2). The turnpike enterprise may review other
 3662  contracts, financial obligations, and contractual obligations
 3663  and liabilities of the authority and may assume legal liability
 3664  for such obligations that are determined to be necessary for the
 3665  continued operation of the bridge system.
 3666         (2)The transfer pursuant to this section is subject to the
 3667  terms and covenants provided for the protection of the holders
 3668  of the Mid-Bay Bridge Authority bonds in the lease-purchase
 3669  agreement and the resolutions adopted in connection with the
 3670  issuance of the bonds. Further, the transfer does not impair the
 3671  terms of the contract between the authority and the bondholders,
 3672  does not act to the detriment of the bondholders, and does not
 3673  diminish the security for the bonds. After the transfer, the
 3674  turnpike enterprise shall operate and maintain the bridge system
 3675  and any other facilities of the authority in accordance with the
 3676  terms, conditions, and covenants contained in the bond
 3677  resolutions and lease-purchase agreement securing the bonds of
 3678  the authority. The turnpike enterprise shall collect toll
 3679  revenues and apply them to the payment of debt service as
 3680  provided in the bond resolution securing the bonds and shall
 3681  expressly assume all obligations relating to the bonds to ensure
 3682  that the transfer will have no adverse impact on the security
 3683  for the bonds of the authority. The transfer does not make the
 3684  obligation to pay the principal and interest on the bonds a
 3685  general liability of the turnpike or pledge the turnpike system
 3686  revenues to payment of the bonds. Revenues that are generated by
 3687  the bridge system and other facilities of the authority and that
 3688  were pledged by the authority to the payment of the bonds remain
 3689  subject to the pledge for the benefit of the bondholders. The
 3690  transfer does not modify or eliminate any prior obligation of
 3691  the Department of Transportation to pay certain costs of the
 3692  bridge system from sources other than revenues of the bridge
 3693  system. With regard to the authority’s current long-term debt of
 3694  $16.1 million due to the department as of June 30, 2011, and to
 3695  the extent permitted by the bond resolutions and lease-purchase
 3696  agreement securing the bonds, the turnpike enterprise shall make
 3697  payment annually to the State Transportation Trust Fund for the
 3698  purpose of repaying the authority’s long-term debt due to the
 3699  department from any bridge system revenues obtained under this
 3700  section which remain after the payment of the costs of
 3701  operations, maintenance, renewal, and replacement of the bridge
 3702  system, the payment of current debt service, and other payments
 3703  required in relation to the bonds. The turnpike enterprise shall
 3704  make such annual payments, not to exceed $1 million per year, to
 3705  the State Transportation Trust Fund until all remaining
 3706  authority long-term debt due to the department has been repaid.
 3707         (3) Any remaining toll revenue from the facilities of the
 3708  Mid-Bay Bridge Authority collected by the Florida Turnpike
 3709  Enterprise after meeting the requirements of subsections (1) and
 3710  (2) shall be used for the construction, maintenance, or
 3711  improvement of any toll facility of the Florida Turnpike
 3712  Enterprise within the county or counties in which the revenue
 3713  was collected.
 3714         Section 67. Paragraph (c) of subsection (4) of section
 3715  348.0003, Florida Statutes, is amended to read:
 3716         348.0003 Expressway authority; formation; membership.—
 3717         (4)
 3718         (c) Members of each expressway authority, transportation
 3719  authority, bridge authority, or toll authority, created pursuant
 3720  to this chapter or, chapter 343, or chapter 349 or any other
 3721  general legislative enactment, must shall comply with the
 3722  applicable financial disclosure requirements of s. 8, Art. II of
 3723  the State Constitution. This paragraph does not subject any
 3724  statutorily created authority, other than an expressway
 3725  authority created under this part, to any other requirement of
 3726  this part except the requirement of this paragraph.
 3727         Section 68. Paragraph (j) of subsection (2) of section
 3728  348.0004, Florida Statutes, is amended to read:
 3729         348.0004 Purposes and powers.—
 3730         (2) Each authority may exercise all powers necessary,
 3731  appurtenant, convenient, or incidental to the carrying out of
 3732  its purposes, including, but not limited to, the following
 3733  rights and powers:
 3734         (j) To pledge, hypothecate, or otherwise encumber all or
 3735  any part of the revenues, tolls, rates, fees, rentals, or other
 3736  charges or receipts of the authority, including all or any
 3737  portion of county gasoline tax funds received by the authority
 3738  pursuant to the terms of any lease-purchase agreement between
 3739  the authority and the department, as security for all or any of
 3740  the obligations of the authority.
 3741         Section 69. Subsection (1) of section 348.0005, Florida
 3742  Statutes, is amended, and subsection (3) is added to that
 3743  section, to read:
 3744         348.0005 Bonds.—
 3745         (1) Bonds may be issued on behalf of an authority as
 3746  provided by the State Bond Act. Bonds may not be issued under
 3747  this section unless the resolution authorizing the bonds and
 3748  pledging the revenues of a facility requires that the revenues
 3749  of the facility be deposited into appropriate accounts in such
 3750  sums as are sufficient to pay the costs of operation and
 3751  maintenance of any facility for the current fiscal year as set
 3752  forth in the annual budget of the authority before any revenues
 3753  of the facility are applied to the payment of interest or
 3754  principal owing or that may become owing on such bonds.
 3755         (3) The provisions of subsection (2) do not apply to any
 3756  authority formed on or after July 1, 2012.
 3757         Section 70. Section 348.0013, Florida Statutes, is created
 3758  to read:
 3759         348.0013Department to construct, operate, and maintain
 3760  facilities.—
 3761         (1) Notwithstanding any other provision of law, this
 3762  section applies to an authority formed on or after July 1, 2012.
 3763         (2) The department is the agent of each authority for the
 3764  purpose of performing all phases of a project, including, but
 3765  not limited to, constructing improvements and extensions to an
 3766  expressway system and for the completion of the construction.
 3767  The division and the authority shall provide to the department
 3768  complete copies of the documents, agreements, resolutions,
 3769  contracts, and instruments relating to the construction and
 3770  shall request that the department perform the construction work,
 3771  including the planning, surveying, design, and actual
 3772  construction of the completion, extensions, and improvements to
 3773  the expressway system. After the issuance of bonds to finance
 3774  the construction of an expressway system or improvements to an
 3775  expressway system, the division shall transfer to the credit of
 3776  an account of the department in the State Treasury the necessary
 3777  funds for construction. The department shall proceed with
 3778  construction and use the funds for the purpose authorized and as
 3779  otherwise provided by law for the construction of roads and
 3780  bridges. The authority may alternatively, with the consent and
 3781  approval of the department, elect to appoint a local agency
 3782  certified by the department to administer federal aid projects
 3783  in accordance with federal law as its agent for the purpose of
 3784  performing all phases of a project.
 3785         (3) An authority that desires to construct an expressway
 3786  shall identify the expressway project in a work plan and submit
 3787  the work plan along with its budget. The work plan must include
 3788  a finance plan that demonstrates the financial feasibility of
 3789  the expressway project, including the authority’s ability to
 3790  reimburse the department for all costs of operation and
 3791  maintenance of the project from the revenues of the authority’s
 3792  expressway system. The department shall operate and maintain the
 3793  expressway system, and the costs incurred by the department for
 3794  operation and maintenance must be reimbursed from revenues of
 3795  the expressway system. Each expressway system constructed under
 3796  the provisions of this section is a part of the State Highway
 3797  System as defined in s. 334.03.
 3798         (4) An authority subject to this section may fix, alter,
 3799  charge, establish, and collect tolls, rates, fees, rentals, and
 3800  other charges for the authority’s facilities, as otherwise
 3801  provided in this part.
 3802         Section 71. Subsection (4) of section 348.52, Florida
 3803  Statutes, is amended to read:
 3804         348.52 Tampa-Hillsborough County Expressway Authority.—
 3805         (4) The authority may employ an executive a secretary, an
 3806  and executive director, its own counsel and legal staff, and
 3807  such legal, financial, and other professional consultants,
 3808  technical experts, engineers, and employees, permanent or
 3809  temporary, as it may require and may determine the
 3810  qualifications and fix the compensation of such persons, firms,
 3811  or corporations. The authority may contract with the Division of
 3812  Bond Finance of the State Board of Administration for any
 3813  financial services authorized herein.
 3814         Section 72. Subsection (5) of section 348.54, Florida
 3815  Statutes, is amended to read:
 3816         348.54 Powers of the authority.—Except as otherwise limited
 3817  herein, the authority shall have the power:
 3818         (5) To enter into and make lease-purchase agreements as
 3819  provided in s. 348.60 for terms not exceeding 40 years, or until
 3820  all bonds secured by a pledge thereunder, and all refundings
 3821  thereof, are fully paid as to both principal and interest,
 3822  whichever is longer. The authority is a party to a lease
 3823  purchase agreement between the department and the authority
 3824  dated November 18, 1997, as supplemented by a supplemental
 3825  lease-purchase agreement dated February 7, 2002, and a second
 3826  supplemental lease-purchase agreement dated June 23, 2005. The
 3827  authority may not enter into other lease-purchase agreements
 3828  with the department and may not amend the existing agreement in
 3829  a manner that expands or increases the department’s obligations,
 3830  unless the department determines that the agreement or amendment
 3831  is necessary to permit the refunding of bonds issued before July
 3832  1, 2012. The department’s obligations under the lease-purchase
 3833  agreement, as supplemented, terminate upon the earlier of:
 3834         (a) The defeasance, redemption, or payment in full of the
 3835  authority’s bonds issued and outstanding as of July 1, 2012;
 3836         (b) The date to which the purchasers of the authority bonds
 3837  have consented; or
 3838         (c) The date on which termination of the department’s
 3839  obligations will occur under the terms of the memorandum of
 3840  agreement dated October 26, 2010, between the department and the
 3841  authority.
 3842         Section 73. Section 348.545, Florida Statutes, is amended
 3843  to read:
 3844         348.545 Facility improvement; bond financing authority.
 3845  Pursuant to s. 11(f), Art. VII of the State Constitution, the
 3846  Legislature hereby approves for bond financing by the Tampa
 3847  Hillsborough County Expressway Authority improvements to toll
 3848  collection facilities, interchanges to the legislatively
 3849  approved expressway system, and any other facility appurtenant,
 3850  necessary, or incidental to the approved system. Subject to
 3851  terms and conditions of applicable revenue bond resolutions and
 3852  covenants, such costs may be financed in whole or in part by
 3853  revenue bonds issued pursuant to s. 348.56 348.56(1)(a) or (b),
 3854  whether currently issued or issued in the future, or by a
 3855  combination of such bonds.
 3856         Section 74. Subsections (9), (10), (11), and (12) are added
 3857  to section 348.56, Florida Statutes, to read:
 3858         348.56 Bonds of the authority.—
 3859         (9) Notwithstanding any other provision of law to the
 3860  contrary, on and after July 1, 2012, the authority may not,
 3861  without the department’s consent, request the issuance of any
 3862  bonds secured by a pledge of any revenues of the authority which
 3863  is senior to, or on a parity with, the authority’s obligation to
 3864  fully reimburse the department for the costs of operation,
 3865  maintenance, repair, and rehabilitation of the expressway system
 3866  paid by the department, except that the authority may request
 3867  the issuance of bonds secured by a senior pledge for the purpose
 3868  of refunding any authority bonds issued and outstanding as of
 3869  July 1, 2012. Refunding bonds authorized by this subsection may
 3870  not be issued if such bonds have a final maturity later than the
 3871  final maturity of the bonds refunded or if the refunding bonds
 3872  provide for higher debt service in any year than the debt
 3873  service that is currently paid on such bonds.
 3874         (10) Notwithstanding any other provision of law, on and
 3875  after July 1, 2012, the authority may not request the issuance
 3876  of any bonds, except bonds issued to refund bonds issued before
 3877  July 1, 2012, which provide any rights against the department
 3878  which may be enforced by the holders of such bonds or debt.
 3879  Refunding bonds authorized by this subsection may not be issued
 3880  if the bonds have a final maturity later than the final maturity
 3881  of the bonds refunded or if the refunding bonds provide for
 3882  higher debt service in any year than the debt service that is
 3883  currently paid on such bonds. The obligations of the department
 3884  under any lease-purchase agreement with the authority, including
 3885  any obligation to pay any cost of operation, maintenance,
 3886  repair, or rehabilitation of the expressway system, terminate
 3887  upon the earlier of:
 3888         (a) The defeasance or payment of all authority bonds issued
 3889  before July 1, 2012, and authority bonds issued to refund such
 3890  bonds;
 3891         (b) The earlier date to which the purchasers of the
 3892  authority bonds have consented; or
 3893         (c) The date on which termination of the department’s
 3894  obligations will occur under the terms of the memorandum of
 3895  agreement dated October 26, 2010, between the department and the
 3896  authority.
 3897         (11) Beginning July 1, 2012, except for bonds issued to
 3898  refund bonds issued before that date, bonds may not be issued
 3899  under this section unless the resolution authorizing the bonds
 3900  and pledging the revenues of the expressway system requires that
 3901  the revenues of the expressway system be deposited into
 3902  appropriate accounts in such sums as are sufficient to pay the
 3903  costs of operation and maintenance of the expressway system for
 3904  the current fiscal year as set forth in the annual budget of the
 3905  authority before any revenues of the expressway system are
 3906  applied to the payment of interest or principal owing or that
 3907  may become owing on such bonds.
 3908         (12) The provisions of paragraph (1)(b) do not apply in any
 3909  fiscal year in which the department’s obligations under the
 3910  lease-purchase agreement between the department and authority
 3911  have not been terminated as provided in s. 348.60 or in which
 3912  the authority has not fully reimbursed the department for the
 3913  amounts expended, advanced, or paid to the authority in prior
 3914  fiscal years for the costs of operation, maintenance, repair,
 3915  and rehabilitation of the expressway system. During any such
 3916  fiscal year, bonds may be issued only on behalf of the authority
 3917  pursuant to the State Bond Act.
 3918         Section 75. Section 348.565, Florida Statutes, is amended
 3919  to read:
 3920         348.565 Revenue bonds for specified projects.—The existing
 3921  facilities that constitute the Tampa-Hillsborough County
 3922  Expressway System may are hereby approved to be refinanced by
 3923  revenue bonds issued by the Division of Bond Finance of the
 3924  State Board of Administration pursuant to s. 11(d) 11(f), Art.
 3925  VII of the State Constitution and s. 348.56 the State Bond Act
 3926  or by revenue bonds issued by the authority pursuant to s.
 3927  348.56(1)(b). In addition, the following projects of the Tampa
 3928  Hillsborough County Expressway Authority may are approved to be
 3929  financed or refinanced by the issuance of revenue bonds in
 3930  accordance with this part and s. 11(f), Art. VII of the State
 3931  Constitution:
 3932         (1) Brandon area feeder roads.
 3933         (2) Capital improvements to the expressway system,
 3934  including safety and operational improvements and toll
 3935  collection equipment.
 3936         (3) Lee Roy Selmon Crosstown Expressway System widening.
 3937         (4) The connector highway linking the Lee Roy Selmon
 3938  Crosstown Expressway to Interstate 4.
 3939         Section 76. Subsection (1) of section 348.57, Florida
 3940  Statutes, is amended to read:
 3941         348.57 Refunding bonds.—
 3942         (1) Subject to public notice as provided in s. 348.54, the
 3943  authority may request or is authorized to provide by resolution
 3944  for the issuance from time to time of bonds pursuant to s.
 3945  348.56(1)(b) for the purpose of refunding any bonds then
 3946  outstanding regardless of whether the bonds being refunded were
 3947  issued by the authority pursuant to this chapter or on behalf of
 3948  the authority pursuant to the State Bond Act. The authority may
 3949  further request or is further authorized to provide by
 3950  resolution for the issuance of bonds pursuant to s. 348.56 for
 3951  the combined purpose of:
 3952         (a) Paying the cost of constructing, reconstructing,
 3953  improving, extending, repairing, maintaining, and operating the
 3954  expressway system.
 3955         (b) Refunding bonds then outstanding. The authorization,
 3956  sale, and issuance of such obligations, the maturities and other
 3957  details of the refunding bonds thereof, the rights and remedies
 3958  of the holders of the refunding bonds thereof, and the rights,
 3959  powers, privileges, duties, and obligations of the authority
 3960  with respect to the refunding bonds same are shall be governed
 3961  by the foregoing provisions of this part insofar as the same may
 3962  be applicable.
 3963         Section 77. Subsections (7) and (8) are added to section
 3964  348.60, Florida Statutes, to read:
 3965         348.60 Lease-purchase agreements.—
 3966         (7) The authority is a party to a lease-purchase agreement
 3967  between the department and the authority dated November 18,
 3968  1997, as supplemented by a supplemental lease-purchase agreement
 3969  dated February 7, 2002, and a second supplemental lease-purchase
 3970  agreement dated June 23, 2005. The authority may not enter into
 3971  any other lease-purchase agreement, or amend the lease-purchase
 3972  agreement, unless the department determines that such an
 3973  agreement or amendment is necessary to permit the refunding of
 3974  bonds issued before July 1, 2012.
 3975         (8)Upon the earlier of the defeasance or payment of the
 3976  authority bonds issued before July 1, 2012, and any bonds issued
 3977  to refund the bonds, or the earlier date to which the purchasers
 3978  of the authority bonds have consented:
 3979         (a) The obligations of the department under the lease
 3980  purchase agreement with the authority, including any obligation
 3981  to pay any cost of operation, maintenance, repair, or
 3982  rehabilitation of the expressway system, terminates;
 3983         (b) The lease-purchase agreement terminates;
 3984         (c) The expressway system remains the property of the
 3985  authority and may not be transferred to the department;
 3986         (d) The authority remains obligated to reimburse the
 3987  department for the amounts paid by the department from a source
 3988  other than revenues of the expressway system for any cost of
 3989  operation, maintenance, repair, or rehabilitation of the
 3990  expressway system; and
 3991         (e) The department collects tolls for the use of the system
 3992  as the agent of the authority as provided in this part.
 3993         Section 78. Section 348.615, Florida Statutes, is created
 3994  to read:
 3995         348.615Department to collect tolls.—
 3996         (1) The department is the agent of the authority for the
 3997  purpose of collecting tolls for the use of the authority’s
 3998  expressway system. The department must be reimbursed for the
 3999  costs of collecting such charges from the revenues of the
 4000  expressway system. The department may modify its rules regarding
 4001  toll collection procedures and the imposition of administrative
 4002  charges applicable to the authority’s toll facilities. This
 4003  section does not limit the authority of the department under any
 4004  other provision of law or under any agreement entered into
 4005  before July 1, 2012.
 4006         (2)The authority may fix, alter, charge, and establish,
 4007  tolls, rates, fees, rentals, and other charges for the
 4008  authority’s facilities, as otherwise provided in this part.
 4009         Section 79. Paragraph (a) of subsection (4) of section
 4010  348.753, Florida Statutes, is amended to read:
 4011         348.753 Orlando-Orange County Expressway Authority.—
 4012         (4)(a) The authority may employ an executive secretary, an
 4013  executive director, its own counsel and legal staff, technical
 4014  experts, such engineers, and such employees, permanent or
 4015  temporary, as it may require and may determine the
 4016  qualifications and fix the compensation of such persons, firms,
 4017  or corporations and may employ a fiscal agent or agents,
 4018  provided, however, that the authority shall solicit sealed
 4019  proposals from at least three persons, firms, or corporations
 4020  for the performance of any services as fiscal agents. The
 4021  authority may contract with the Division of Bond Finance of the
 4022  State Board of Administration for any financial services
 4023  authorized in this section. The authority may delegate to one or
 4024  more of its agents or employees such of its power as it deems
 4025  shall deem necessary to carry out the purposes of this part,
 4026  subject always to the supervision and control of the authority.
 4027  Members of the authority may be removed from their office by the
 4028  Governor for misconduct, malfeasance, misfeasance, or
 4029  nonfeasance in office.
 4030         Section 80. Paragraph (e) of subsection (2) of section
 4031  348.754, Florida Statutes, is amended to read:
 4032         348.754 Purposes and powers.—
 4033         (2) The authority is hereby granted, and shall have and may
 4034  exercise all powers necessary, appurtenant, convenient or
 4035  incidental to the carrying out of the aforesaid purposes,
 4036  including, but without being limited to, the following rights
 4037  and powers:
 4038         (e) To enter into and make lease-purchase agreements with
 4039  the department for terms not exceeding 40 years, or until any
 4040  bonds secured by a pledge of rentals thereunder, and any
 4041  refundings thereof, are fully paid as to both principal and
 4042  interest, whichever is longer. The authority is a party to a
 4043  lease-purchase agreement between the department and the
 4044  authority dated December 23, 1985, as supplemented by a first
 4045  supplement to the lease-purchase agreement dated November 25,
 4046  1986, and a second supplement to the lease-purchase agreement
 4047  dated October 27, 1988. The authority may not enter into other
 4048  lease-purchase agreements with the department and may not amend
 4049  the existing agreement in a manner that expands or increases the
 4050  department’s obligations, unless the department determines that
 4051  the agreement or amendment is necessary to permit the refunding
 4052  of bonds issued before July 1, 2012.
 4053         Section 81. Section 348.7543, Florida Statutes, is amended
 4054  to read:
 4055         348.7543 Improvements, bond financing authority for.
 4056  Pursuant to s. 11(f), Art. VII of the State Constitution, the
 4057  Legislature hereby approves for bond financing by the Orlando
 4058  Orange County Expressway Authority improvements to toll
 4059  collection facilities, interchanges to the legislatively
 4060  approved expressway system, and any other facility appurtenant,
 4061  necessary, or incidental to the approved system. Subject to
 4062  terms and conditions of applicable revenue bond resolutions and
 4063  covenants, such costs may be financed in whole or in part by
 4064  revenue bonds issued pursuant to s. 348.755 348.755(1)(a) or (b)
 4065  whether currently issued or issued in the future, or by a
 4066  combination of such bonds.
 4067         Section 82. Section 348.7545, Florida Statutes, is amended
 4068  to read:
 4069         348.7545 Western Beltway Part C, construction authorized;
 4070  financing.—Notwithstanding s. 338.2275, the Orlando-Orange
 4071  County Expressway Authority is authorized to exercise its
 4072  condemnation powers, construct, finance, operate, own, and
 4073  maintain that portion of the Western Beltway known as the
 4074  Western Beltway Part C, extending from Florida’s Turnpike near
 4075  Ocoee in Orange County southerly through Orange and Osceola
 4076  Counties to an interchange with I-4 near the Osceola-Polk County
 4077  line, as part of the authority’s 20-year capital projects plan.
 4078  This project may be financed with any funds available to the
 4079  authority for such purpose or revenue bonds issued by the
 4080  Division of Bond Finance of the State Board of Administration on
 4081  behalf of the authority pursuant to s. 11, Art. VII of the State
 4082  Constitution and the State Bond Act, ss. 215.57-215.83. This
 4083  project may be refinanced with bonds issued by the authority
 4084  pursuant to s. 348.755(1)(d).
 4085         Section 83. Section 348.7547, Florida Statutes, is amended
 4086  to read:
 4087         348.7547 Maitland Boulevard Extension and Northwest Beltway
 4088  Part A Realignment construction authorized; financing.
 4089  Notwithstanding s. 338.2275, the Orlando-Orange County
 4090  Expressway Authority is hereby authorized to exercise its
 4091  condemnation powers, construct, finance, operate, own, and
 4092  maintain the portion of State Road 414 known as the Maitland
 4093  Boulevard Extension and the realigned portion of the Northwest
 4094  Beltway Part A as part of the authority’s long-range capital
 4095  improvement plan. The Maitland Boulevard Extension will extend
 4096  from the current terminus of State Road 414 at U.S. 441 west to
 4097  State Road 429 in west Orange County. The realigned portion of
 4098  the Northwest Beltway Part A will run from the point at or near
 4099  where the Maitland Boulevard Extension will connect with State
 4100  Road 429 and will proceed to the west and then north resulting
 4101  in the northern terminus of State Road 429 moving farther west
 4102  before reconnecting with U.S. 441. However, under no
 4103  circumstances shall the realignment of the Northwest Beltway
 4104  Part A conflict or contradict with the alignment of the Wekiva
 4105  Parkway as defined in s. 348.7546. This project may be financed
 4106  with any funds available to the authority for such purpose or
 4107  revenue bonds issued by or on behalf of the authority under s.
 4108  11, Art. VII of the State Constitution and s. 348.755(1)(b).
 4109         Section 84. Subsections (6), (7), (8), and (9) are added to
 4110  section 348.755, Florida Statutes, to read:
 4111         348.755 Bonds of the authority.—
 4112         (6) Notwithstanding any other provision of law to the
 4113  contrary, on and after July 1, 2012, the authority may not
 4114  request the issuance of any bonds, except bonds issued to refund
 4115  bonds issued before July 1, 2012, which provide any rights
 4116  against the department which may be enforced by the holders of
 4117  such bonds or debt. Refunding bonds may not be issued if the
 4118  bonds have a final maturity later than the final maturity of the
 4119  bonds refunded or if the refunding bonds provide for higher debt
 4120  service in any year than the debt service that is currently paid
 4121  on such bonds. Upon the earlier of the defeasance or payment of
 4122  all authority bonds issued before July 1, 2012, or the
 4123  defeasance or payment of the authority bonds issued to refund
 4124  such bonds, or such earlier date to which the purchasers of the
 4125  authority bonds have consented, the obligations of the
 4126  department under any lease-purchase agreement with the
 4127  authority, including any obligation to pay any cost of
 4128  operation, maintenance, repair, or rehabilitation of the
 4129  Orlando-Orange County Expressway System, terminate.
 4130         (7) Notwithstanding any other provision of law to the
 4131  contrary, on and after July 1, 2012, the authority may not,
 4132  without the department’s consent, request the issuance of any
 4133  bonds secured by a pledge of any revenues of the authority which
 4134  is senior to, or on a parity with, the authority’s obligation to
 4135  fully reimburse the department for the costs of operation,
 4136  maintenance, repair, and rehabilitation of the Orlando-Orange
 4137  County Expressway System paid by the department, except that the
 4138  authority may request the issuance of bonds secured by a senior
 4139  pledge for the purpose of refunding authority bonds issued and
 4140  outstanding as of July 1, 2012. Refunding bonds authorized by
 4141  this subsection may not be issued if the bonds have a final
 4142  maturity later than the final maturity of the bonds refunded or
 4143  if the refunding bonds provide for higher debt service in any
 4144  year than the debt service that is currently paid on the bonds.
 4145         (8) Beginning July 1, 2012, the authority may not issue
 4146  bonds, except bonds issued to refund bonds issued before such
 4147  date, unless the resolution authorizing the bonds and pledging
 4148  the revenues of the Orlando-Orange County Expressway System
 4149  requires that the revenues of the expressway system be deposited
 4150  into appropriate accounts in such sums as are sufficient to pay
 4151  the costs of operation and maintenance of the Orlando-Orange
 4152  County Expressway System for the current fiscal year as set
 4153  forth in the annual budget of the authority before any revenues
 4154  of the Orlando-Orange County Expressway System are applied to
 4155  the payment of interest or principal owing or that may become
 4156  owing on such bonds.
 4157         (9) The provisions of paragraphs (1)(b) and (d) do not
 4158  apply in any fiscal year in which the department’s obligations
 4159  under the lease-purchase agreement between the department and
 4160  authority have not been terminated as provided in s. 348.757 or
 4161  in which the authority has not fully reimbursed the department
 4162  for all amounts expended, advanced, or paid to the authority in
 4163  prior fiscal years for the costs of operation, maintenance,
 4164  repair, and rehabilitation of the expressway system. During any
 4165  such fiscal year, bonds may only be issued on behalf of the
 4166  authority pursuant to the State Bond Act.
 4167         Section 85. Subsections (8) and (9) are added to section
 4168  348.757, Florida Statutes, to read:
 4169         348.757 Lease-purchase agreement.—
 4170         (8) The only lease-purchase agreement authorized by this
 4171  section is the lease-purchase agreement between the department
 4172  and the authority dated December 23, 1985, as supplemented by a
 4173  first supplement to the lease-purchase agreement dated November
 4174  25, 1986, and a second supplement to the lease-purchase
 4175  agreement dated October 27, 1988. The authority may not enter
 4176  into any other lease-purchase agreements with the department and
 4177  may not amend the existing agreement in a manner that expands
 4178  the scope of the department’s obligations, unless the department
 4179  determines the agreement or amendment is necessary to permit the
 4180  refunding of bonds issued before July 1, 2012.
 4181         (9) The department’s obligations under the lease-purchase
 4182  agreement between the department and the authority dated
 4183  December 23, 1985, as supplemented by a first supplement to the
 4184  lease-purchase agreement dated November 25, 1986, and a second
 4185  supplement to the lease-purchase agreement dated October 27,
 4186  1988, terminate upon the earlier of the defeasance, redemption,
 4187  or payment in full of the authority’s bonds issued and
 4188  outstanding as of July 1, 2012, or bonds to refund such bonds,
 4189  or such earlier date to which the purchasers of the authority
 4190  bonds have consented.
 4191         Section 86. Section 348.7585, Florida Statutes, is created
 4192  to read:
 4193         348.7585Department to collect tolls.—
 4194         (1) The department is the agent of the authority for the
 4195  purpose of collecting tolls for the use of the authority’s
 4196  expressway system. The department shall be reimbursed from the
 4197  revenues of the expressway system for the costs of collecting
 4198  the tolls. The department may modify its rules regarding toll
 4199  collection procedures and the imposition of administrative
 4200  charges to be applicable to the authority’s toll facilities.
 4201  This section does not limit the authority of the department
 4202  under any other provision of law or under any agreement entered
 4203  into prior to July 1, 2012.
 4204         (2)The authority may fix, alter, charge, and establish
 4205  tolls, rates, fees, rentals, and other charges for the
 4206  authority’s facilities, as otherwise provided in this section.
 4207         Section 87. Paragraph (a) of subsection (4) of section
 4208  348.9952, Florida Statutes, is amended to read:
 4209         348.9952 Osceola County Expressway Authority.—
 4210         (4)(a) The authority may employ an executive secretary, an
 4211  executive director, its own counsel and legal staff, technical
 4212  experts, engineers, and other employees, permanent or temporary,
 4213  as it may require, and may determine the qualifications and fix
 4214  the compensation of such persons, firms, or corporations.
 4215  Additionally, the authority may employ a fiscal agent or agents.
 4216  However, the authority shall solicit sealed proposals from at
 4217  least three persons, firms, or corporations for the performance
 4218  of any services as fiscal agents. The authority may delegate to
 4219  one or more of its agents or employees such of its power as it
 4220  deems necessary to carry out the purposes of this part, subject
 4221  always to the supervision and control of the authority.
 4222         Section 88. Section 348.9956, Florida Statutes, is
 4223  repealed.
 4224         Section 89. Section 348.99565, Florida Statutes, is created
 4225  to read:
 4226         348.99565Department to construct, operate, and maintain
 4227  facilities.—
 4228         (1)The department is the agent of the authority for the
 4229  purpose of performing all phases of a project, including, but
 4230  not limited to, constructing improvements and extensions to the
 4231  expressway system. The division and the authority shall provide
 4232  to the department complete copies of all documents, agreements,
 4233  resolutions, contracts, and instruments relating to the project
 4234  and shall request that the department perform the construction
 4235  work, including the planning, surveying, design, and actual
 4236  construction of the completion, extensions, and improvements to
 4237  the expressway system. After the issuance of bonds to finance
 4238  construction of any improvements or additions to the expressway
 4239  system, the division shall transfer to the credit of an account
 4240  of the department in the State Treasury the necessary funds for
 4241  construction. The department shall proceed with construction and
 4242  use the funds for the purpose authorized and as provided by law
 4243  for the construction of roads and bridges. The authority may
 4244  alternatively, with the consent and approval of the department,
 4245  elect to appoint a local agency certified by the department to
 4246  administer federal aid projects in accordance with federal law
 4247  as its agent for the purpose of performing all phases of a
 4248  project.
 4249         (2) If the authority desires to construct improvements or
 4250  extensions to the expressway system, it shall identify the
 4251  expressway improvement project in a work plan and submit the
 4252  work plan with its budget. The work plan must include a finance
 4253  plan that demonstrates the financial feasibility of the
 4254  expressway project, including the authority’s ability to
 4255  reimburse the department for all costs of operation and
 4256  maintenance of the improvements or extensions from the revenues
 4257  of the expressway system. The department shall operate and
 4258  maintain the expressway system, and the costs incurred by the
 4259  department for operation and maintenance shall be reimbursed
 4260  from revenues of the expressway system. The expressway system
 4261  shall be part of the State Highway System as defined in s.
 4262  334.03.
 4263         (3)The authority may fix, alter, charge, establish, and
 4264  collect tolls, rates, fees, rentals, and other charges for the
 4265  authority’s facilities, as otherwise provided in this part.
 4266         Section 90. The Florida Transportation Commission shall
 4267  conduct a study of the potential for cost savings that might be
 4268  realized through increased efficiencies through sharing of
 4269  resources for the accomplishment of design, construction, and
 4270  maintenance activities by or on behalf of expressway authorities
 4271  in the state. The commission may retain such experts as are
 4272  reasonably necessary to complete the study, and the department
 4273  shall pay the expenses of such experts. The commission shall
 4274  complete the study and provide a written report of its findings
 4275  and conclusions to the Governor, the President of the Senate,
 4276  the Speaker of the House of Representatives, and the chairs of
 4277  each of the appropriations committees by December 31, 2012.
 4278         Section 91. Subsection (3) of section 349.03, Florida
 4279  Statutes, is amended to read:
 4280         349.03 Jacksonville Transportation Authority.—
 4281         (3) The terms of appointed members shall be for 4 years and
 4282  deemed to have commenced on June 1 of the year in which they are
 4283  appointed. Each member shall hold office until a successor has
 4284  been appointed and has qualified. A vacancy during a term shall
 4285  be filled by the respective appointing authority only for the
 4286  balance of the unexpired term. Any member appointed to the
 4287  authority for two consecutive full terms may shall not be
 4288  appointed eligible for appointment to the next succeeding term.
 4289  One of the members so appointed shall be designated annually by
 4290  the members as chair of the authority, one member shall be
 4291  designated annually as the vice chair of the authority, one
 4292  member shall be designated annually as the secretary of the
 4293  authority, and one member shall be designated annually as the
 4294  treasurer of the authority. The members of the authority are
 4295  shall not be entitled to compensation, but shall be reimbursed
 4296  for travel expenses or other expenses actually incurred in their
 4297  duties as provided by law. Four voting members of the authority
 4298  shall constitute a quorum, and no resolution adopted by the
 4299  authority is shall become effective without unless with the
 4300  affirmative vote of at least four members. Members of the
 4301  authority shall file a statement of financial interest with the
 4302  Commission on Ethics as provided in s. 112.3145(2)(b) as their
 4303  mandatory financial disclosure.
 4304         (a) The authority shall employ an executive director, and
 4305  the executive director may hire such staff, permanent or
 4306  temporary, as he or she may determine and may organize the staff
 4307  of the authority into such departments and units as he or she
 4308  may determine. The executive director may appoint department
 4309  directors, deputy directors, division chiefs, and staff
 4310  assistants to the executive director, as he or she may
 4311  determine. In so appointing the executive director, the
 4312  authority may fix the compensation of such appointee, who shall
 4313  serve at the pleasure of the authority. All employees of the
 4314  authority shall be exempt from the provisions of part II of
 4315  chapter 110.
 4316         (b) The authority may employ such financial advisers and
 4317  consultants, technical experts, engineers, and agents and
 4318  employees, permanent or temporary, as it may require and may fix
 4319  the compensation and qualifications of such persons, firms, or
 4320  corporations. The authority may delegate to one or more of its
 4321  agents or employees such of its powers as it deems shall deem
 4322  necessary to carry out the purposes of this chapter, subject
 4323  always to the supervision and control of the governing body of
 4324  the authority.
 4325         (c) All employees of the authority are exempt from part II
 4326  of chapter 110.
 4327         Section 92. Present subsections (5), (6), and (7) of
 4328  section 349.04, Florida Statutes, are redesignated as
 4329  subsections (6), (7), and (8), respectively, and a new
 4330  subsection (5) is added to that section, to read:
 4331         349.04 Purposes and powers.—
 4332         (5) The authority may conduct public meetings and workshops
 4333  by means of communications media technology as provided under s.
 4334  120.54(5).
 4335         Section 93. Subsection (6) is added to section 373.413,
 4336  Florida Statutes, to read:
 4337         373.413 Permits for construction or alteration.—
 4338         (6) It is the intent of the Legislature that the governing
 4339  board or the department exercise flexibility when permitting the
 4340  construction or alteration of stormwater management systems
 4341  serving state transportation projects and facilities. Because of
 4342  the unique limitations of linear facilities, the governing board
 4343  or department shall balance the expenditure of public funds for
 4344  stormwater treatment for state transportation projects and
 4345  facilities with the public benefit of providing the most cost
 4346  efficient and effective method of achieving treatment
 4347  objectives. The governing board or department shall therefore
 4348  allow alternatives to on-site treatment, including, but not
 4349  limited to, regional stormwater treatment systems. The
 4350  Department of Transportation is responsible for treating
 4351  stormwater generated from state transportation projects, but is
 4352  not responsible for the abatement of pollutants and flows
 4353  entering its stormwater management systems from offsite sources.
 4354  However, this subsection does not prohibit the Department of
 4355  Transportation from receiving and managing such pollutants and
 4356  flows if cost-effective and prudent. The Department of
 4357  Transportation is also responsible for providing stormwater
 4358  treatment and attenuation for a right-of-way acquired for a
 4359  state transportation project, but is not responsible for
 4360  modifying permits for adjacent lands affected by right-of-way
 4361  acquisition if it is not the permittee. The governing board or
 4362  department may establish specific criteria by rule to implement
 4363  these management and treatment alternatives and activities.
 4364         Section 94. Subsections (1) and (2), paragraph (c) of
 4365  subsection (3), subsections (4) and (5) of section 373.4137,
 4366  Florida Statutes, are amended to read:
 4367         373.4137 Mitigation requirements for specified
 4368  transportation projects.—
 4369         (1) The Legislature finds that environmental mitigation for
 4370  the impact of transportation projects proposed by the Department
 4371  of Transportation or a transportation authority established
 4372  pursuant to chapter 348 or chapter 349 can be more effectively
 4373  achieved by regional, long-range mitigation planning rather than
 4374  on a project-by-project basis. It is therefore the intent of the
 4375  Legislature that mitigation, including the use of mitigation
 4376  banks and other mitigation options that satisfy state and
 4377  federal requirements, to offset the adverse effects of these
 4378  transportation projects be funded by the Department of
 4379  Transportation and be carried out by the water management
 4380  districts, including the use of mitigation banks established
 4381  pursuant to this part.
 4382         (2) Environmental impact inventories for transportation
 4383  projects proposed by the Department of Transportation or a
 4384  transportation authority established pursuant to chapter 348 or
 4385  chapter 349 shall be developed as follows:
 4386         (a) By July 1 of each year, the Department of
 4387  Transportation, or a transportation authority established
 4388  pursuant to chapter 348 or chapter 349 which chooses to
 4389  participate in the program, shall submit to the water management
 4390  districts a list copy of its projects for the adopted work
 4391  program and an environmental impact inventory of habitats
 4392  addressed in the rules adopted pursuant to this part and s. 404
 4393  of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
 4394  by its plan of construction for transportation projects in the
 4395  next 3 years of the tentative work program. The Department of
 4396  Transportation or the a transportation authority established
 4397  pursuant to chapter 348 or chapter 349 may also include in its
 4398  environmental impact inventory the habitat impacts of any future
 4399  transportation project. The Department of Transportation and the
 4400  each transportation authority established pursuant to chapter
 4401  348 or chapter 349 may fund any mitigation activities for future
 4402  projects using current year funds.
 4403         (b) The environmental impact inventory must shall include a
 4404  description of these habitat impacts, including their location,
 4405  acreage, and type; state water quality classification of
 4406  impacted wetlands and other surface waters; any other state or
 4407  regional designations for these habitats; and a list survey of
 4408  threatened species, endangered species, and species of special
 4409  concern affected by the proposed project.
 4410         (3)
 4411         (c) Except for current mitigation projects in the
 4412  monitoring and maintenance phase and except as allowed by
 4413  paragraph (d), the water management districts may request a
 4414  transfer of funds from an escrow account no sooner than 30 days
 4415  before prior to the date the funds are needed to pay for
 4416  activities associated with development or implementation of the
 4417  approved mitigation plan described in subsection (4) for the
 4418  current fiscal year, including, but not limited to, design,
 4419  engineering, production, and staff support. Actual conceptual
 4420  plan preparation costs incurred before plan approval may be
 4421  submitted to the Department of Transportation or the appropriate
 4422  transportation authority each year with the plan. The conceptual
 4423  plan preparation costs of each water management district shall
 4424  will be paid from mitigation funds associated with the
 4425  environmental impact inventory for the current year. The amount
 4426  transferred to the escrow accounts each year by the Department
 4427  of Transportation and participating transportation authorities
 4428  established pursuant to chapter 348 or chapter 349 must shall
 4429  correspond to a cost per acre of $75,000 multiplied by the
 4430  projected acres of impact identified in the environmental impact
 4431  inventory described in subsection (2). However, the $75,000 cost
 4432  per acre does not constitute an admission against interest by
 4433  the state or its subdivisions nor is the cost admissible as
 4434  evidence of full compensation for any property acquired by
 4435  eminent domain or through inverse condemnation. Each July 1, the
 4436  cost per acre shall be adjusted by the percentage change in the
 4437  average of the Consumer Price Index issued by the United States
 4438  Department of Labor for the most recent 12-month period ending
 4439  September 30, compared to the base year average, which is the
 4440  average for the 12-month period ending September 30, 1996. Each
 4441  quarter, the projected acreage of impact shall be reconciled
 4442  with the acreage of impact of projects as permitted, including
 4443  permit modifications, pursuant to this part and s. 404 of the
 4444  Clean Water Act, 33 U.S.C. s. 1344. The subject year’s transfer
 4445  of funds shall be adjusted accordingly to reflect the acreage of
 4446  impacts as permitted. The Department of Transportation and
 4447  participating transportation authorities established pursuant to
 4448  chapter 348 or chapter 349 may are authorized to transfer such
 4449  funds from the escrow accounts to the water management districts
 4450  to carry out the mitigation programs. Environmental mitigation
 4451  funds that are identified for or maintained in an escrow account
 4452  for the benefit of a water management district may be released
 4453  if the associated transportation project is excluded, in whole
 4454  or in part, from the mitigation plan. For a mitigation project
 4455  that is in the maintenance and monitoring phase, the water
 4456  management district may request and receive a one-time payment
 4457  based on the project’s expected future maintenance and
 4458  monitoring costs. Upon disbursement of the final maintenance and
 4459  monitoring payment, the obligation of the Department of
 4460  Transportation or the participating transportation authority is
 4461  satisfied, the escrow account for the project established by the
 4462  Department of Transportation or the participating transportation
 4463  authority may be closed, and the water management district
 4464  assumes continuing responsibility for the mitigation project.
 4465  Any interest earned on these disbursed funds remains shall
 4466  remain with the water management district and must be used as
 4467  authorized under this section.
 4468         (4) Before Prior to March 1 of each year, each water
 4469  management district, in consultation with the Department of
 4470  Environmental Protection, the United States Army Corps of
 4471  Engineers, the Department of Transportation, participating
 4472  transportation authorities established under pursuant to chapter
 4473  348 or chapter 349, and other appropriate federal, state, and
 4474  local governments, and other interested parties, including
 4475  entities operating mitigation banks, shall develop a plan for
 4476  the primary purpose of complying with the mitigation
 4477  requirements adopted pursuant to this part and 33 U.S.C. s.
 4478  1344. In developing such plans, the districts shall use utilize
 4479  sound ecosystem management practices to address significant
 4480  water resource needs and shall focus on activities of the
 4481  Department of Environmental Protection and the water management
 4482  districts, such as surface water improvement and management
 4483  (SWIM) projects and lands identified for potential acquisition
 4484  for preservation, restoration or enhancement, and the control of
 4485  invasive and exotic plants in wetlands and other surface waters,
 4486  to the extent that such activities comply with the mitigation
 4487  requirements adopted under this part and 33 U.S.C. s. 1344. In
 4488  determining the activities to be included in such plans, the
 4489  districts shall also consider the purchase of credits from
 4490  public or private mitigation banks permitted under s. 373.4136
 4491  and associated federal authorization and shall include such
 4492  purchase as a part of the mitigation plan if when such purchase
 4493  offsets would offset the impact of the transportation project,
 4494  provide equal benefits to the water resources than other
 4495  mitigation options being considered, and provide the most cost
 4496  effective mitigation option. The mitigation plan shall be
 4497  submitted to the water management district governing board, or
 4498  its designee, for review and approval. At least 14 days before
 4499  prior to approval, the water management district shall provide a
 4500  copy of the draft mitigation plan to any person who requests has
 4501  requested a copy.
 4502         (a) For each transportation project with a funding request
 4503  for the next fiscal year, the mitigation plan must include a
 4504  brief explanation of why a mitigation bank was or was not chosen
 4505  as a mitigation option, including an estimation of identifiable
 4506  costs of the mitigation bank and nonbank options to the extent
 4507  practicable.
 4508         (b) Specific projects may be excluded from the mitigation
 4509  plan, in whole or in part, and are shall not be subject to this
 4510  section upon the election agreement of the Department of
 4511  Transportation, or a transportation authority if applicable, or
 4512  and the appropriate water management district that the inclusion
 4513  of such projects would hamper the efficiency or timeliness of
 4514  the mitigation planning and permitting process. The water
 4515  management district may choose to exclude a project in whole or
 4516  in part if the district is unable to identify mitigation that
 4517  would offset impacts of the project.
 4518         (5) The water management district must ensure shall be
 4519  responsible for ensuring that mitigation requirements under
 4520  pursuant to 33 U.S.C. s. 1344 are met for the impacts identified
 4521  in the environmental impact inventory described in subsection
 4522  (2), by implementation of the approved plan described in
 4523  subsection (4) to the extent funding is provided by the
 4524  Department of Transportation, or a transportation authority
 4525  established pursuant to chapter 348 or chapter 349, if
 4526  applicable. During the federal permitting process, the water
 4527  management district may deviate from the approved mitigation
 4528  plan in order to comply with federal permitting requirements.
 4529         Section 95. Paragraph (a) of subsection (2) of section
 4530  403.7211, Florida Statutes, is amended to read:
 4531         403.7211 Hazardous waste facilities managing hazardous
 4532  wastes generated offsite; federal facilities managing hazardous
 4533  waste.—
 4534         (2) The department shall not issue any permit under s.
 4535  403.722 for the construction, initial operation, or substantial
 4536  modification of a facility for the disposal, storage, or
 4537  treatment of hazardous waste generated offsite which is proposed
 4538  to be located in any of the following locations:
 4539         (a) Any area where life-threatening concentrations of
 4540  hazardous substances could accumulate at a any residence or
 4541  residential subdivision as the result of a catastrophic event at
 4542  the proposed facility, unless each such residence or residential
 4543  subdivision is served by at least one arterial road or urban
 4544  minor arterial road, as defined in s. 334.03, using procedures
 4545  developed by the Federal Highway Administration, which provides
 4546  safe and direct egress by land to an area where such life
 4547  threatening concentrations of hazardous substances could not
 4548  accumulate in a catastrophic event. Egress by any road leading
 4549  from any residence or residential subdivision to any point
 4550  located within 1,000 yards of the proposed facility is unsafe
 4551  for the purposes of this paragraph. In determining whether
 4552  egress proposed by the applicant is safe and direct, the
 4553  department shall also consider, at a minimum, the following
 4554  factors:
 4555         1. Natural barriers such as water bodies, and whether a any
 4556  road in the proposed evacuation route is impaired by a natural
 4557  barrier such as a water body;
 4558         2. Potential exposure during egress and potential increases
 4559  in the duration of exposure;
 4560         3. Whether any road in a proposed evacuation route passes
 4561  in close proximity to the facility; and
 4562         4. Whether any portion of the evacuation route is
 4563  inherently directed toward the facility.
 4564  
 4565  For the purposes of this subsection, all distances shall be
 4566  measured from the outer limit of the active hazardous waste
 4567  management area. “Substantial modification” includes: any
 4568  physical change in, change in the operations of, or addition to
 4569  a facility which could increase the potential offsite impact, or
 4570  risk of impact, from a release at that facility; and any change
 4571  in permit conditions which is reasonably expected to lead to
 4572  greater potential impacts or risks of impacts, from a release at
 4573  that facility. “Substantial modification” does not include a
 4574  change in operations, structures, or permit conditions which
 4575  does not substantially increase either the potential impact
 4576  from, or the risk of, a release. Physical or operational changes
 4577  to a facility related solely to the management of nonhazardous
 4578  waste at the facility shall not be considered a substantial
 4579  modification. The department shall, by rule, adopt criteria to
 4580  determine whether a facility has been substantially modified.
 4581  “Initial operation” means the initial commencement of operations
 4582  at the facility.
 4583         Section 96. Section 479.28, Florida Statutes, is repealed.
 4584         Section 97. Road marking materials.—
 4585         (1) A county, municipality, local governing authority, or
 4586  other political subdivision of this state may not cause or allow
 4587  markings to be placed on a street, roadway, or highway under its
 4588  jurisdiction which are made with paint that has been mixed, in
 4589  whole or in part, with reflective glass beads that contain 75
 4590  parts per million or more of inorganic arsenic as determined
 4591  using EPA Method 6010B in conjunction with EPA Method 3052 for
 4592  sample preparation.
 4593         (2) A person may not manufacture, sell, offer for sale, or
 4594  offer for promotional purposes in this state reflective glass
 4595  beads that are used to reflect light when applied to markings on
 4596  a street, roadway, or highway in this state if the glass beads
 4597  contain 75 parts per million or more of inorganic arsenic as
 4598  determined by using EPA Method 6010B in conjunction with EPA
 4599  Method 3052 for sample preparation.
 4600         (3) A person who violates this section is subject to a
 4601  civil penalty of at least $500 but not more than $1,000 for each
 4602  violation. If the violation is of a continuing nature, each day
 4603  of continuing violation is a separate offense.
 4604         Section 98. The Department of Transportation may seek
 4605  Federal Highway Administration approval of a tourist-oriented
 4606  commerce sign pilot program for small businesses, as defined in
 4607  s. 288.703, Florida Statutes, in a rural area of critical
 4608  economic concern as defined by s. 288.0656(2)(d) and (e),
 4609  Florida Statutes. Upon federal approval, the department shall
 4610  submit the pilot program for legislative approval in the next
 4611  regular legislative session.
 4612         Section 99. It is the intent of the Legislature to
 4613  encourage and facilitate a review by the Pinellas Suncoast
 4614  Transit Authority (PSTA) and the Hillsborough Area Regional
 4615  Transit Authority (HART) in order to achieve improvements in
 4616  regional transit connectivity and implementation of operational
 4617  efficiencies and service enhancements that are consistent with
 4618  the regional approach to transit identified in the Tampa Bay
 4619  Area Regional Transportation Authority’s (TBARTA’s) Regional
 4620  Transportation Master Plan. The Legislature finds that such
 4621  improvements and efficiencies can best be achieved through a
 4622  joint review, evaluation, and recommendations by PSTA and HART.
 4623         (1) The governing bodies or a designated subcommittee of
 4624  both the PSTA and HART shall hold a joint meeting within 30 days
 4625  after July 1, 2012, and as often as deemed necessary thereafter,
 4626  in order to consider and identify opportunities for greater
 4627  efficiency and service improvements, including specific methods
 4628  for increasing service connectivity between the jurisdictions of
 4629  each agency. The elements to be reviewed must also include:
 4630         (a) Governance structure, including governing board
 4631  membership, terms, responsibilities, officers, powers, duties,
 4632  and responsibilities;
 4633         (b) Funding options and implementation;
 4634         (c) Facilities ownership and management;
 4635         (d) Current financial obligations and resources; and
 4636         (e) Actions to be taken that are consistent with TBARTA’s
 4637  master plan.
 4638         (2) PSTA and HART shall jointly submit a report to the
 4639  Speaker of the House of Representatives and the President of the
 4640  Senate on the elements described in this section by February 1,
 4641  2013. The report must include proposed legislation to implement
 4642  each recommendation and specific recommendations concerning the
 4643  reorganization of each agency, the organizational merger of both
 4644  agencies, or the consolidation of functions within and between
 4645  each agency.
 4646         (3) TBARTA shall assist and facilitate PSTA and HART in
 4647  carrying out the purposes of this section. TBARTA shall provide
 4648  technical assistance and information regarding its master plan,
 4649  make recommendations for achieving consistency and improved
 4650  regional connectivity, and provide support to PSTA and HART in
 4651  the preparation of their joint report and recommendations to the
 4652  Legislature. For this purpose, PSTA and HART shall reimburse
 4653  TBARTA for necessary and reasonable expense in a total amount
 4654  not to exceed $100,000.
 4655         Section 100. Any governmental unit that is authorized to
 4656  regulate the operation of public vehicles for hire and other
 4657  for-hire transportation within its geographic boundaries may
 4658  request and receive criminal history record information for the
 4659  purpose of screening applicants for licenses and for-hire
 4660  vehicle driver licenses and pay a fee for any such record. Such
 4661  record information may include a national criminal history
 4662  records check with the Federal Bureau of Investigation. The
 4663  fingerprints may be submitted by the governmental unit to the
 4664  Department of Law Enforcement for state processing, and the
 4665  department shall forward such fingerprints to the Federal Bureau
 4666  of Investigation for a national criminal history records check.
 4667  All costs associated with transmittal and processing shall be
 4668  borne by the governmental unit, the employer, or the person who
 4669  is the subject of the background check. The department shall
 4670  submit an invoice to the governmental unit for the fingerprints
 4671  submitted each month. The governmental unit shall screen
 4672  background results to determine if an applicant meets its
 4673  licensure requirements.
 4674         Section 101. This act shall take effect July 1, 2012.