ENROLLED
       2012 Legislature                          SB 1998, 2nd Engrossed
       
       
       
       
       
       
                                                             20121998er
    1  
    2         An act relating to transportation; repealing s.
    3         288.063, F.S., relating to contract requirements for
    4         transportation projects; amending s. 288.0656, F.S.;
    5         conforming a cross-reference; revising the title of
    6         ch. 311, F.S.; amending s. 311.07, F.S.; revising
    7         provisions for the financing of port transportation or
    8         port facilities projects; increasing funding for the
    9         Florida Seaport Transportation and Economic
   10         Development Program; directing the Florida Seaport
   11         Transportation and Economic Development Council to
   12         develop guidelines for project funding; directing
   13         council staff, the Department of Transportation, and
   14         the Department of Economic Opportunity to work in
   15         cooperation to review projects and allocate funds as
   16         specified; revising certain authorized uses of program
   17         funds; revising the list of projects eligible for
   18         funding under the program; removing a cap on
   19         distribution of program funds; removing a requirement
   20         for a specified audit; authorizing the Department of
   21         Transportation to subject projects funded under the
   22         program to a specified audit; amending s. 311.09,
   23         F.S.; revising provisions for rules of the council for
   24         evaluating certain projects; removing provisions for
   25         review by the Department of Community Affairs of the
   26         list of projects approved by the council; revising
   27         provisions for review and evaluation of such projects
   28         by the Department of Transportation and the Department
   29         of Economic Opportunity; increasing the amount of
   30         funding the Department of Transportation is required
   31         to include in its annual legislative budget request
   32         for the Florida Seaport Transportation and Economic
   33         Development Program; revising provisions relating to
   34         funding to be included in the budget; creating s.
   35         311.10, F.S.; establishing the Strategic Port
   36         Investment Initiative within the Department of
   37         Transportation; providing for a minimum annual amount
   38         from the State Transportation Trust Fund to fund the
   39         initiative; directing the department to work with
   40         deepwater ports to develop and maintain a priority
   41         list of strategic investment projects; providing
   42         project selection criteria; requiring the department
   43         to schedule a publicly noticed workshop with the
   44         Department of Economic Opportunity and the deepwater
   45         ports to review the proposed projects; directing the
   46         department to finalize a prioritized list of potential
   47         projects after considering comments received in the
   48         workshop; directing the department to include the
   49         proposed seaport projects in the tentative work
   50         program; creating s. 311.101, F.S.; creating the
   51         Intermodal Logistics Center Infrastructure Support
   52         Program within the Department of Transportation;
   53         providing purpose of the program; defining the term
   54         “intermodal logistics center”; providing criteria for
   55         consideration by the department when evaluating
   56         projects for program assistance; directing the
   57         department to coordinate and consult with the
   58         Department of Economic Opportunity in the selection of
   59         projects to be funded; authorizing the department to
   60         administer contracts on behalf of the entity selected
   61         to receive funding; providing for the department’s
   62         share of project costs; providing for a certain amount
   63         of funds in the State Transportation Trust Fund to be
   64         made available for eligible projects; directing the
   65         department to include the proposed projects in the
   66         tentative work program; authorizing the department to
   67         adopt rules; amending s. 311.22, F.S.; conforming a
   68         cross-reference; amending s. 316.302, F.S.; requiring
   69         owners or drivers of commercial motor vehicles that
   70         are engaged in intrastate commerce to be subject to
   71         specified federal rules and regulations as such rules
   72         and regulations existed on a certain date; providing
   73         that certain restrictions on the number of consecutive
   74         hours that a commercial motor vehicle may operate do
   75         not apply to a farm labor vehicle operated during a
   76         state of emergency or during an emergency pertaining
   77         to agriculture; correcting terminology; amending s.
   78         318.14, F.S.; authorizing a person who does not hold a
   79         commercial driver license and who is cited for a
   80         noncriminal traffic infraction while driving a
   81         noncommercial motor vehicle to elect to attend a basic
   82         driver improvement course in lieu of a court
   83         appearance; authorizing a person who does not hold a
   84         commercial driver license and who is cited for certain
   85         offenses while driving a noncommercial motor vehicle
   86         to elect to enter a plea of nolo contendere and to
   87         provide proof of compliance in lieu of payment of fine
   88         or court appearance; amending s. 319.32, F.S.;
   89         increasing the amount of the fees deposited into the
   90         State Transportation Trust Fund from original and
   91         duplicate certificates of title issued for motor
   92         vehicles; specifying the allocation and purposes of
   93         funds received from increasing the amount of the fees
   94         from original and duplicate certificates of title
   95         issued for motor vehicles; providing for the transfer
   96         of funds to the State Transportation Trust Fund that
   97         result from increased revenues from the seaport
   98         programs; amending s. 320.20, F.S.; conforming
   99         provisions to changes made by the act; repealing s.
  100         320.204, F.S., relating to the transfer of funds from
  101         the Highway Safety Operating Trust Fund to the
  102         Transportation Disadvantaged Trust Fund; amending s.
  103         322.07, F.S.; revising provisions relating to
  104         temporary commercial instruction permits; amending s.
  105         322.53, F.S.; revising an exemption from the
  106         requirement to obtain a commercial driver license for
  107         farmers transporting agricultural products, farm
  108         supplies, or farm machinery under certain
  109         circumstances; providing that such exemption applies
  110         if the vehicle is not used in the operations of a
  111         common or contract motor carrier; amending s. 322.54,
  112         F.S.; requiring that persons who drive a motor vehicle
  113         having a gross vehicle weight rating or gross vehicle
  114         weight of a specified amount or more possess certain
  115         classifications of driver licenses; amending s.
  116         322.59, F.S.; revising provisions relating to the
  117         possession of a medical examiner’s certificate;
  118         requiring that the department disqualify a driver from
  119         operating a commercial motor vehicle if the driver
  120         holds a commercial driver license and fails to comply
  121         with the medical certification requirements;
  122         authorizing the department to issue, under certain
  123         circumstances, a Class E driver license to a person
  124         who is disqualified from operating a commercial motor
  125         vehicle; amending s. 322.61, F.S.; revising provisions
  126         relating to the disqualification from operating a
  127         commercial motor vehicle; providing that any holder of
  128         a commercial driver license who is convicted of two
  129         violations committed while operating any motor vehicle
  130         is permanently disqualified from operating a
  131         commercial motor vehicle; amending s. 334.30, F.S.,
  132         relating to public-private transportation facilities;
  133         deleting obsolete provisions relating to the Toll
  134         Facilities Revolving Trust Fund; amending s. 335.074,
  135         F.S., relating to bridge safety inspection reports;
  136         requiring the governmental entity having maintenance
  137         responsibility for a bridge to reduce the maximum
  138         weight, size, or speed limit for the bridge or to
  139         close the bridge upon receipt of a report recommending
  140         the reduction or closure; requiring the entity to post
  141         the reduced limits and notify the department;
  142         requiring the department to post the reduced limits or
  143         to close the bridge under certain circumstances;
  144         requiring costs associated with the department posting
  145         the revised limits or closure of the bridge to be
  146         assessed against and collected from the governmental
  147         entity; creating s. 338.151, F.S.; authorizing the
  148         department to establish tolls on certain
  149         transportation facilities to pay for the cost of such
  150         project; prohibiting the department from establishing
  151         tolls on certain lanes of limited access facilities;
  152         providing an exception; providing for application;
  153         amending s. 338.155, F.S.; authorizing the department
  154         adopt rules to allow public transit vehicles and
  155         certain military-service-related funeral processions
  156         to use certain toll facilities without payment of
  157         tolls; amending s. 338.161, F.S.; authorizing the
  158         Department of Transportation to enter into certain
  159         agreements with a public or private transportation
  160         facility owner if it can increase nontoll revenues or
  161         add convenience or other value; providing criteria;
  162         amending s. 338.165, F.S.; authorizing the Department
  163         of Transportation to transfer the Beachline-East
  164         Expressway to the turnpike system; providing for the
  165         deposit of any funds expended by the Florida Turnpike
  166         Enterprise for the acquisition of the Beachline-East
  167         Expressway into the State Transportation Trust Fund
  168         for allocation to construct the Wekiva Parkway;
  169         defining the term “Wekiva Parkway”; amending s.
  170         338.166, F.S.; revising a provision for issuance of
  171         bonds secured by toll revenues collected on high
  172         occupancy toll lanes or express lanes; revising
  173         authorized uses of such toll revenues; providing
  174         restrictions on such use; amending s. 338.221, F.S.;
  175         revising the definition of the term “economically
  176         feasible” for purposes of proposed turnpike projects;
  177         amending s. 338.223, F.S.; revising provisions for
  178         department requests for legislative approval of
  179         proposed turnpike projects; conforming a cross
  180         reference; repealing s. 338.251, F.S., relating to the
  181         Toll Facilities Revolving Trust Fund; amending s.
  182         339.08, F.S.; conforming a cross-reference; creating
  183         s. 339.139, F.S.; declaring that management of
  184         transportation infrastructure financing to ensure the
  185         fiscal integrity of the State Transportation Trust
  186         Fund is state policy; requiring that the department
  187         provide a debt and debtlike contractual obligations
  188         load report to the Executive Office of the Governor,
  189         the President of the Senate, the Speaker of the House
  190         of Representatives, and the legislative appropriations
  191         committees; requiring that the load report provide
  192         certain data; requiring that the department manage
  193         levels of debt to ensure that no more than a certain
  194         percentage of revenues is committed; providing
  195         exceptions that allow the limitation to be exceeded;
  196         requiring that the department prepare a report on debt
  197         obligations that are secured by and payable from
  198         pledged revenues; requiring that the department
  199         provide the report to the Executive Office of the
  200         Governor, the President of the Senate, the Speaker of
  201         the House of Representatives, and the legislative
  202         appropriations committees; creating s. 339.2821, F.S.;
  203         authorizing the Department of Transportation, in
  204         consultation with the Department of Economic
  205         Opportunity, to make and approve expenditures and
  206         enter into contracts with an appropriate governmental
  207         body for the direct costs of transportation projects;
  208         providing definitions; authorizing the Department of
  209         Economic Opportunity and the Department of
  210         Environmental Protection to review and comment on
  211         recommended transportation projects; providing
  212         criteria that the Department of Transportation must
  213         follow when reviewing a contract for approval;
  214         providing criteria for the transportation contract
  215         with a governmental body; providing that Space Florida
  216         may serve as a governmental body or as a contracting
  217         agency for transportation projects within spaceport
  218         territory; requiring each governmental body to submit
  219         a financial audit by an independent certified public
  220         accountant to the department; requiring that the
  221         department monitor each construction site receiving
  222         funding; assigning and transferring the rights and
  223         obligations of the Department of Economic Opportunity
  224         under certain contracts to the Department of
  225         Transportation; requiring the contracts to be
  226         administered by the Department of Transportation;
  227         creating s. 339.2825, F.S.; requiring the Department
  228         of Transportation to submit a summary of proposed
  229         public-private transportation projects to the
  230         Executive Office of the Governor, each legislative
  231         appropriations committee, the President of the Senate,
  232         and the Speaker of the House of Representatives;
  233         providing criteria for the summary; providing for the
  234         department to proceed with a project upon approval by
  235         the Governor; prohibiting the Governor from approving
  236         a transportation project if a legislative
  237         appropriations committee, the President of the Senate,
  238         or the Speaker of the House of Representatives objects
  239         within a certain period after receipt of the summary;
  240         providing for receipt by the department of an
  241         unsolicited proposal for certain transportation
  242         projects; exempting a public-private partnership
  243         agreement involving the lease of a toll facility from
  244         the requirements of the approval process; amending s.
  245         339.63, F.S.; adding military access facilities to the
  246         types of facilities included in the Strategic
  247         Intermodal System and the Emerging Strategic
  248         Intermodal System which form components of an
  249         interconnected transportation system; providing that
  250         an intermodal logistics center meeting certain
  251         criteria shall be designated as part of the Strategic
  252         Intermodal System; providing for a waiver of
  253         transportation concurrency for such facility if it is
  254         located within a described area; amending s. 348.7546,
  255         F.S.; authorizing the Orlando-Orange County Expressway
  256         Authority to construct, finance, operate, own, and
  257         maintain those portions of the Wekiva Parkway which
  258         are identified by agreement between the authority and
  259         the department; providing that the authority’s
  260         exercise of certain condemnation powers or acquisition
  261         of any property; requiring the authority to repay
  262         certain expenditures by the department; requiring that
  263         the funds paid to the department be allocated for
  264         construction of the Wekiva Parkway; providing that the
  265         department’s obligations to construct certain portions
  266         of the Wekiva Parkway are contingent upon timely
  267         payment by the authority and receipt of all required
  268         permits and approvals; amending s. 348.755, F.S.;
  269         prohibiting the authority from issuing any bonds,
  270         except as permitted under the terms of a certain
  271         memorandum of understanding between the authority and
  272         the department; amending s. 348.757, F.S.; limiting
  273         certain authorized lease-purchase agreements;
  274         providing for the termination of the department’s
  275         obligations under certain lease-purchase agreements;
  276         amending s. 369.317, F.S.; providing for the
  277         Department of Environmental Protection to have
  278         exclusive permitting authority for certain activities
  279         associated with the Wekiva Parkway and related
  280         transportation facilities; requiring the department to
  281         locate the precise corridor and interchanges for the
  282         Wekiva Parkway to be located in Seminole County;
  283         amending s. 377.809, F.S.; conforming a cross
  284         reference; transferring funds and all future payments
  285         of obligated funds in the Toll Facilities Revolving
  286         Trust Fund to the State Transportation Trust Fund;
  287         requiring that a challenge to a consolidated
  288         environmental resource permit or an associated
  289         variance or a sovereign submerged lands authorization
  290         proposed or issued by the Department of Environmental
  291         Protection in connection with the state’s deepwater
  292         ports be conducted pursuant to certain summary hearing
  293         provisions; providing a timeframe when the summary
  294         proceeding must be conducted; requiring the
  295         administrative law judge’s decision be in the form of
  296         a recommended order; providing that the recommended
  297         order does not constitute final agency action of the
  298         department; requiring the department to issue the
  299         final order within 45 working days after receipt of
  300         the recommended order; providing exceptions for
  301         pending administrative proceedings; providing
  302         effective dates.
  303  
  304  Be It Enacted by the Legislature of the State of Florida:
  305  
  306         Section 1. Section 288.063, Florida Statutes, is repealed.
  307         Section 2. Paragraph (a) of subsection (7) of section
  308  288.0656, Florida Statutes, is amended to read:
  309         288.0656 Rural Economic Development Initiative.—
  310         (7)(a) REDI may recommend to the Governor up to three rural
  311  areas of critical economic concern. The Governor may by
  312  executive order designate up to three rural areas of critical
  313  economic concern which will establish these areas as priority
  314  assignments for REDI as well as to allow the Governor, acting
  315  through REDI, to waive criteria, requirements, or similar
  316  provisions of any economic development incentive. Such
  317  incentives shall include, but not be limited to: the Qualified
  318  Target Industry Tax Refund Program under s. 288.106, the Quick
  319  Response Training Program under s. 288.047, the Quick Response
  320  Training Program for participants in the welfare transition
  321  program under s. 288.047(8), transportation projects under s.
  322  339.2821 288.063, the brownfield redevelopment bonus refund
  323  under s. 288.107, and the rural job tax credit program under ss.
  324  212.098 and 220.1895.
  325         Section 3. Chapter 311, Florida Statutes, is retitled
  326  “SEAPORT PROGRAMS AND FACILITIES.”
  327         Section 4. Section 311.07, Florida Statutes, is amended to
  328  read:
  329         311.07 Florida seaport transportation and economic
  330  development funding.—
  331         (1) There is created the Florida Seaport Transportation and
  332  Economic Development Program within the Department of
  333  Transportation to finance port transportation or port facilities
  334  projects that will improve the movement and intermodal
  335  transportation of cargo or passengers in commerce and trade and
  336  that will support the interests, purposes, and requirements of
  337  the ports listed in s. 311.09 located in this state.
  338         (2) A minimum of $15 $8 million per year shall be made
  339  available from the State Transportation Trust Fund to fund the
  340  Florida Seaport Transportation and Economic Development Program.
  341  The Florida Seaport Transportation and Economic Development
  342  Council created in s. 311.09 shall develop guidelines for
  343  project funding. Council staff, the Department of
  344  Transportation, and the Department of Economic Opportunity shall
  345  work in cooperation to review projects and allocate funds in
  346  accordance with the schedule required for the Department of
  347  Transportation to include these projects in the tentative work
  348  program developed pursuant to s. 339.135(4).
  349         (3)(a) Florida Seaport Transportation and Economic
  350  Development Program funds shall be used to fund approved
  351  projects on a 50-50 matching basis with any of the deepwater
  352  ports, as listed in s. 311.09 s. 403.021(9)(b), which is
  353  governed by a public body or any other deepwater port which is
  354  governed by a public body and which complies with the water
  355  quality provisions of s. 403.061, the comprehensive master plan
  356  requirements of s. 163.3178(2)(k), and the local financial
  357  management and reporting provisions of part III of chapter 218.
  358  However, program funds used to fund projects that involve the
  359  rehabilitation of wharves, docks, berths, bulkheads, or similar
  360  structures shall require a 25-percent match of funds. Program
  361  funds also may be used by the Seaport Transportation and
  362  Economic Development Council for data and analysis that to
  363  develop trade data information products which will assist
  364  Florida’s seaports and international trade.
  365         (b) Projects eligible for funding by grants under the
  366  program are limited to the following port facilities or port
  367  transportation projects:
  368         1. Transportation facilities within the jurisdiction of the
  369  port.
  370         2. The dredging or deepening of channels, turning basins,
  371  or harbors.
  372         3. The construction or rehabilitation of wharves, docks,
  373  structures, jetties, piers, storage facilities, cruise
  374  terminals, automated people mover systems, or any facilities
  375  necessary or useful in connection with any of the foregoing.
  376         4. The acquisition of vessel tracking systems, container
  377  cranes, or other mechanized equipment used in the movement of
  378  cargo or passengers in international commerce.
  379         5. The acquisition of land to be used for port purposes.
  380         6. The acquisition, improvement, enlargement, or extension
  381  of existing port facilities.
  382         7. Environmental protection projects which are necessary
  383  because of requirements imposed by a state agency as a condition
  384  of a permit or other form of state approval; which are necessary
  385  for environmental mitigation required as a condition of a state,
  386  federal, or local environmental permit; which are necessary for
  387  the acquisition of spoil disposal sites and improvements to
  388  existing and future spoil sites; or which result from the
  389  funding of eligible projects listed in this paragraph.
  390         8. Transportation facilities as defined in s. 334.03(31)
  391  which are not otherwise part of the Department of
  392  Transportation’s adopted work program.
  393         9. Seaport Intermodal access projects identified in the 5
  394  year Florida Seaport Mission Plan as provided in s. 311.09(3).
  395         10. Construction or rehabilitation of port facilities as
  396  defined in s. 315.02, excluding any park or recreational
  397  facilities, in ports listed in s. 311.09(1) with operating
  398  revenues of $5 million or less, provided that such projects
  399  create economic development opportunities, capital improvements,
  400  and positive financial returns to such ports.
  401         11. Seaport master plan or strategic plan development or
  402  updates, including the purchase of data to support such plans.
  403         (c) To be eligible for consideration by the council
  404  pursuant to this section, a project must be consistent with the
  405  port comprehensive master plan which is incorporated as part of
  406  the approved local government comprehensive plan as required by
  407  s. 163.3178(2)(k) or other provisions of the Community Planning
  408  Act, part II of chapter 163.
  409         (4) A port eligible for matching funds under the program
  410  may receive a distribution of not more than $7 million during
  411  any 1 calendar year and a distribution of not more than $30
  412  million during any 5-calendar-year period.
  413         (4)(5) Any port which receives funding under the program
  414  shall institute procedures to ensure that jobs created as a
  415  result of the state funding shall be subject to equal
  416  opportunity hiring practices in the manner provided in s.
  417  110.112.
  418         (5)(6) The Department of Transportation may shall subject
  419  any project that receives funds pursuant to this section and s.
  420  320.20 to a final audit. The department may adopt rules and
  421  perform such other acts as are necessary or convenient to ensure
  422  that the final audits are conducted and that any deficiency or
  423  questioned costs noted by the audit are resolved.
  424         Section 5. Subsections (4) through (13) of section 311.09,
  425  Florida Statutes, are amended to read:
  426         311.09 Florida Seaport Transportation and Economic
  427  Development Council.—
  428         (4) The council shall adopt rules for evaluating projects
  429  which may be funded under ss. 311.07 and 320.20. The rules shall
  430  provide criteria for evaluating the potential project,
  431  including, but not limited to, such factors as consistency with
  432  appropriate plans, economic benefit, readiness for construction,
  433  noncompetition with other Florida ports, and capacity within the
  434  seaport system economic benefit of the project, measured by the
  435  potential for the proposed project to maintain or increase cargo
  436  flow, cruise passenger movement, international commerce, port
  437  revenues, and the number of jobs for the port’s local community.
  438         (5) The council shall review and approve or disapprove each
  439  project eligible to be funded pursuant to the Florida Seaport
  440  Transportation and Economic Development Program. The council
  441  shall annually submit to the Secretary of Transportation and the
  442  executive director of the Department of Economic Opportunity, or
  443  his or her designee, a list of projects which have been approved
  444  by the council. The list shall specify the recommended funding
  445  level for each project; and, if staged implementation of the
  446  project is appropriate, the funding requirements for each stage
  447  shall be specified.
  448         (6) The Department of Community Affairs shall review the
  449  list of projects approved by the council to determine
  450  consistency with approved local government comprehensive plans
  451  of the units of local government in which the port is located
  452  and consistency with the port master plan. The Department of
  453  Community Affairs shall identify and notify the council of those
  454  projects which are not consistent, to the maximum extent
  455  feasible, with such comprehensive plans and port master plans.
  456         (6)(7) The Department of Transportation shall review the
  457  list of project applications projects approved by the council
  458  for consistency with the Florida Transportation Plan, the
  459  Statewide Seaport and Waterways System Plan, and the
  460  department’s adopted work program. In evaluating the consistency
  461  of a project, the department shall assess the transportation
  462  impacts and economic benefits for each project determine whether
  463  the transportation impact of the proposed project is adequately
  464  handled by existing state-owned transportation facilities or by
  465  the construction of additional state-owned transportation
  466  facilities as identified in the Florida Transportation Plan and
  467  the department’s adopted work program. In reviewing for
  468  consistency a transportation facility project as defined in s.
  469  334.03(31) which is not otherwise part of the department’s work
  470  program, the department shall evaluate whether the project is
  471  needed to provide for projected movement of cargo or passengers
  472  from the port to a state transportation facility or local road.
  473  If the project is needed to provide for projected movement of
  474  cargo or passengers, the project shall be approved for
  475  consistency as a consideration to facilitate the economic
  476  development and growth of the state in a timely manner. The
  477  Department of Transportation shall identify those projects that
  478  which are inconsistent with the Florida Transportation Plan, the
  479  Statewide Seaport and Waterways System Plan, or and the adopted
  480  work program and shall notify the council of projects found to
  481  be inconsistent.
  482         (7)(8) The Department of Economic Opportunity shall review
  483  the list of project applications projects approved by the
  484  council to evaluate the economic benefit of the project and to
  485  determine whether the project is consistent with the Florida
  486  Seaport Mission Plan and with state economic development goals
  487  and policies. The Department of Economic Opportunity shall
  488  review the proposed project’s consistency with state, regional,
  489  and local plans, as appropriate, and the economic benefits of
  490  each project based upon the rules adopted pursuant to subsection
  491  (4). The Department of Economic Opportunity shall identify those
  492  projects that which it has determined do not offer an economic
  493  benefit to the state, are not consistent with an appropriate
  494  plan, or are not consistent with the Florida Seaport Mission
  495  Plan or state economic development goals and policies and shall
  496  notify the council of its findings.
  497         (8)(9) The council shall review the findings of the
  498  Department of Economic Opportunity and the Department of
  499  Transportation. Projects found to be inconsistent pursuant to
  500  subsections (6), or (7), and (8) or and projects that which have
  501  been determined not to offer an economic benefit to the state
  502  pursuant to subsection (7) (8) may shall not be included in the
  503  list of projects to be funded.
  504         (9)(10) The Department of Transportation shall include no
  505  less than $15 million per year in its annual legislative budget
  506  request for the a Florida Seaport Transportation and Economic
  507  Development grant Program funded under s. 311.07 for expenditure
  508  of funds of not less than $8 million per year. Such budget shall
  509  include funding for projects approved by the council which have
  510  been determined by each agency to be consistent and which have
  511  been determined by the Department of Economic Opportunity to be
  512  economically beneficial. The department shall include the
  513  specific approved Florida Seaport Transportation and Economic
  514  Development Program seaport projects to be funded under s.
  515  311.07 this section during the ensuing fiscal year in the
  516  tentative work program developed pursuant to s. 339.135(4). The
  517  total amount of funding to be allocated to Florida Seaport
  518  Transportation and Economic Development Program seaport projects
  519  under s. 311.07 during the successive 4 fiscal years shall also
  520  be included in the tentative work program developed pursuant to
  521  s. 339.135(4). The council may submit to the department a list
  522  of approved projects that could be made production-ready within
  523  the next 2 years. The list shall be submitted by the department
  524  as part of the needs and project list prepared pursuant to s.
  525  339.135(2)(b). However, the department shall, upon written
  526  request of the Florida Seaport Transportation and Economic
  527  Development Council, submit work program amendments pursuant to
  528  s. 339.135(7) to the Governor within 10 days after the later of
  529  the date the request is received by the department or the
  530  effective date of the amendment, termination, or closure of the
  531  applicable funding agreement between the department and the
  532  affected seaport, as required to release the funds from the
  533  existing commitment. Notwithstanding s. 339.135(7)(c), any work
  534  program amendment to transfer prior year funds from one approved
  535  seaport project to another seaport project is subject to the
  536  procedures in s. 339.135(7)(d). Notwithstanding any provision of
  537  law to the contrary, the department may transfer unexpended
  538  budget between the seaport projects as identified in the
  539  approved work program amendments.
  540         (10)(11) The council shall meet at the call of its
  541  chairperson, at the request of a majority of its membership, or
  542  at such times as may be prescribed in its bylaws. However, the
  543  council must meet at least semiannually. A majority of voting
  544  members of the council constitutes a quorum for the purpose of
  545  transacting the business of the council. All members of the
  546  council are voting members. A vote of the majority of the voting
  547  members present is sufficient for any action of the council,
  548  except that a member representing the Department of
  549  Transportation or the Department of Economic Opportunity may
  550  vote to overrule any action of the council approving a project
  551  pursuant to subsection (5). The bylaws of the council may
  552  require a greater vote for a particular action.
  553         (11)(12) Members of the council shall serve without
  554  compensation but are entitled to receive reimbursement for per
  555  diem and travel expenses as provided in s. 112.061. The council
  556  may elect to provide an administrative staff to provide services
  557  to the council on matters relating to the Florida Seaport
  558  Transportation and Economic Development Program and the council.
  559  The cost for such administrative services shall be paid by all
  560  ports that receive funding from the Florida Seaport
  561  Transportation and Economic Development Program, based upon a
  562  pro rata formula measured by each recipient’s share of the funds
  563  as compared to the total funds disbursed to all recipients
  564  during the year. The share of costs for administrative services
  565  shall be paid in its total amount by the recipient port upon
  566  execution by the port and the Department of Transportation of a
  567  joint participation agreement for each council-approved project,
  568  and such payment is in addition to the matching funds required
  569  to be paid by the recipient port. Except as otherwise exempted
  570  by law, all moneys derived from the Florida Seaport
  571  Transportation and Economic Development Program shall be
  572  expended in accordance with the provisions of s. 287.057.
  573  Seaports subject to competitive negotiation requirements of a
  574  local governing body shall abide by the provisions of s.
  575  287.055.
  576         (12)(13) Until July 1, 2014, Citrus County may apply for a
  577  grant through the Florida Seaport Transportation and Economic
  578  Development Council to perform a feasibility study regarding the
  579  establishment of a port in Citrus County. The council shall
  580  evaluate such application pursuant to subsections (5)-(8) (5)
  581  (9) and, if approved, the Department of Transportation shall
  582  include the feasibility study in its budget request pursuant to
  583  subsection (9) (10). If the study determines that a port in
  584  Citrus County is not feasible, the membership of Port Citrus on
  585  the council shall terminate.
  586         Section 6. Section 311.10, Florida Statutes, is created to
  587  read:
  588         311.10 Strategic Port Investment Initiative.—
  589         (1) There is created the Strategic Port Investment
  590  Initiative within the Department of Transportation. Beginning in
  591  fiscal year 2012-2013, a minimum of $35 million annually shall
  592  be made available from the State Transportation Trust Fund to
  593  fund the Strategic Port Investment Initiative. The Department of
  594  Transportation shall work with the deepwater ports listed in s.
  595  311.09 to develop and maintain a priority list of strategic
  596  investment projects. Project selection shall be based on
  597  projects that meet the state’s economic development goal of
  598  becoming a hub for trade, logistics, and export-oriented
  599  activities by:
  600         (a) Providing important access and major on-port capacity
  601  improvements;
  602         (b) Providing capital improvements to strategically
  603  position the state to maximize opportunities in international
  604  trade, logistics, or the cruise industry;
  605         (c) Achieving state goals of an integrated intermodal
  606  transportation system; and
  607         (d) Demonstrating the feasibility and availability of
  608  matching funds through local or private partners.
  609         (2) Before making final project allocations, the Department
  610  of Transportation shall schedule a publicly noticed workshop
  611  with the Department of Economic Opportunity and the deepwater
  612  ports listed in s. 311.09 to review the proposed projects. After
  613  considering the comments received, the Department of
  614  Transportation shall finalize a prioritized list of potential
  615  projects.
  616         (3) The Department of Transportation shall, to the maximum
  617  extent feasible, include the seaport projects proposed to be
  618  funded under this section in the tentative work program
  619  developed under s. 339.135(4).
  620         Section 7. Section 311.101, Florida Statutes, is created to
  621  read:
  622         311.101 Intermodal Logistics Center Infrastructure Support
  623  Program.—
  624         (1) There is created within the Department of
  625  Transportation the Intermodal Logistics Center Infrastructure
  626  Support Program. The purpose of the program is to provide funds
  627  for roads, rail facilities, or other means for the conveyance or
  628  shipment of goods through a seaport, thereby enabling the state
  629  to respond to private sector market demands and meet the state’s
  630  economic development goal of becoming a hub for trade,
  631  logistics, and export-oriented activities. The department may
  632  provide funds to assist with local government projects or
  633  projects performed by private entities which meet the public
  634  purpose of enhancing transportation facilities for the
  635  conveyance or shipment of goods through a seaport to or from an
  636  intermodal logistics center.
  637         (2) As used in this section, the term “intermodal logistics
  638  center” means a facility or group of facilities, including, but
  639  not limited to, an inland port, serving as a point of intermodal
  640  transfer of freight in a specific area physically separated from
  641  a seaport where activities relating to transport, logistics,
  642  goods distribution, consolidation, or value-added activities are
  643  carried out and whose activities and services are designed to
  644  support or be supported by conveyance or shipping through one or
  645  more seaports listed in s. 311.09.
  646         (3) The department must consider, but is not limited to,
  647  the following criteria when evaluating a project for Intermodal
  648  Logistics Center Infrastructure Support Program assistance:
  649         (a) The ability of the project to serve a strategic state
  650  interest.
  651         (b) The ability of the project to facilitate the cost
  652  effective and efficient movement of goods.
  653         (c) The extent to which the project contributes to economic
  654  activity, including job creation, increased wages, and revenues.
  655         (d) The extent to which the project efficiently interacts
  656  with and supports the transportation network.
  657         (e) A commitment of a funding match.
  658         (f) The amount of investment or commitments made by the
  659  owner or developer of the existing or proposed facility.
  660         (g) The extent to which the owner has commitments,
  661  including memorandums of understanding or memorandums of
  662  agreements, with private sector businesses planning to locate
  663  operations at the intermodal logistics center.
  664         (h) Demonstrated local financial support and commitment to
  665  the project.
  666         (4) The department shall coordinate and consult with the
  667  Department of Economic Opportunity in the selection of projects
  668  to be funded by this program.
  669         (5) The department may administer contracts on behalf of
  670  the entity selected to receive funding for a project under this
  671  section.
  672         (6) The department shall provide up to 50 percent of
  673  project costs for eligible projects.
  674         (7) Beginning in fiscal year 2012-2013, up to $5 million
  675  per year shall be made available from the State Transportation
  676  Trust Fund for the program. The Department of Transportation
  677  shall include projects proposed to be funded under this section
  678  in the tentative work program developed pursuant so s.
  679  339.135(4).
  680         (8) The Department of Transportation may adopt rules to
  681  administer this section.
  682         Section 8. Subsection (2) of section 311.22, Florida
  683  Statutes, is amended to read:
  684         311.22 Additional authorization for funding certain
  685  dredging projects.—
  686         (2) The council shall adopt rules for evaluating the
  687  projects that may be funded pursuant to this section. The rules
  688  must provide criteria for evaluating the economic benefit of the
  689  project. The rules must include the creation of an
  690  administrative review process by the council which is similar to
  691  the process described in s. 311.09(5)-(11) 311.09(5)-(12), and
  692  provide for a review by the Department of Transportation and the
  693  Department of Economic Opportunity of all projects submitted for
  694  funding under this section.
  695         Section 9. Paragraph (b) of subsection (1) and paragraph
  696  (c) of subsection (2) of section 316.302, Florida Statutes, are
  697  amended to read:
  698         316.302 Commercial motor vehicles; safety regulations;
  699  transporters and shippers of hazardous materials; enforcement.—
  700         (1)
  701         (b) Except as otherwise provided in this section, all
  702  owners or drivers of commercial motor vehicles that are engaged
  703  in intrastate commerce are subject to the rules and regulations
  704  contained in 49 C.F.R. parts 382, 385, and 390-397, with the
  705  exception of 49 C.F.R. s. 390.5 as it relates to the definition
  706  of bus, as such rules and regulations existed on October 1, 2011
  707  2009.
  708         (2)
  709         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
  710  operates a commercial motor vehicle solely in intrastate
  711  commerce not transporting any hazardous material in amounts that
  712  require placarding pursuant to 49 C.F.R. part 172 may not drive
  713  after having been on duty more than 70 hours in any period of 7
  714  consecutive days or more than 80 hours in any period of 8
  715  consecutive days if the motor carrier operates every day of the
  716  week. Thirty-four consecutive hours off duty shall constitute
  717  the end of any such period of 7 or 8 consecutive days. This
  718  weekly limit does not apply to a person who operates a
  719  commercial motor vehicle solely within this state while
  720  transporting, during harvest periods, any unprocessed
  721  agricultural products or unprocessed food or fiber that is
  722  subject to seasonal harvesting from place of harvest to the
  723  first place of processing or storage or from place of harvest
  724  directly to market or while transporting livestock, livestock
  725  feed, or farm supplies directly related to growing or harvesting
  726  agricultural products. Upon request of the Department of Highway
  727  Safety and Motor Vehicles Department of Transportation, motor
  728  carriers shall furnish time records or other written
  729  verification to that department so that the Department of
  730  Highway Safety and Motor Vehicles Department of Transportation
  731  can determine compliance with this subsection. These time
  732  records must be furnished to the Department of Highway Safety
  733  and Motor Vehicles Department of Transportation within 2 days
  734  after receipt of that department’s request. Falsification of
  735  such information is subject to a civil penalty not to exceed
  736  $100. The provisions of this paragraph do not apply to operators
  737  of farm labor vehicles operated during a state of emergency
  738  declared by the Governor or operated pursuant to s. 570.07(21),
  739  and do not apply to drivers of utility service vehicles as
  740  defined in 49 C.F.R. s. 395.2.
  741         Section 10. Subsections (9) and (10) of section 318.14,
  742  Florida Statutes, are amended to read:
  743         318.14 Noncriminal traffic infractions; exception;
  744  procedures.—
  745         (9) Any person who does not hold a commercial driver
  746  driver’s license and who is cited while driving a noncommercial
  747  motor vehicle for an infraction under this section other than a
  748  violation of s. 316.183(2), s. 316.187, or s. 316.189 when the
  749  driver exceeds the posted limit by 30 miles per hour or more, s.
  750  320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s.
  751  322.61, or s. 322.62 may, in lieu of a court appearance, elect
  752  to attend in the location of his or her choice within this state
  753  a basic driver improvement course approved by the Department of
  754  Highway Safety and Motor Vehicles. In such a case, adjudication
  755  must be withheld and points, as provided by s. 322.27, may not
  756  be assessed. However, a person may not make an election under
  757  this subsection if the person has made an election under this
  758  subsection in the preceding 12 months. A person may not make no
  759  more than five elections within his or her lifetime under this
  760  subsection. The requirement for community service under s.
  761  318.18(8) is not waived by a plea of nolo contendere or by the
  762  withholding of adjudication of guilt by a court. If a person
  763  makes an election to attend a basic driver improvement course
  764  under this subsection, 18 percent of the civil penalty imposed
  765  under s. 318.18(3) shall be deposited in the State Courts
  766  Revenue Trust Fund; however, that portion is not revenue for
  767  purposes of s. 28.36 and may not be used in establishing the
  768  budget of the clerk of the court under that section or s. 28.35.
  769         (10)(a) Any person who does not hold a commercial driver
  770  driver’s license and who is cited while driving a noncommercial
  771  motor vehicle for an offense listed under this subsection may,
  772  in lieu of payment of fine or court appearance, elect to enter a
  773  plea of nolo contendere and provide proof of compliance to the
  774  clerk of the court, designated official, or authorized operator
  775  of a traffic violations bureau. In such case, adjudication shall
  776  be withheld; however, a person may not make an no election shall
  777  be made under this subsection if the such person has made an
  778  election under this subsection in the preceding 12 months
  779  preceding election hereunder. A No person may not make more than
  780  three elections under this subsection. This subsection applies
  781  to the following offenses:
  782         1. Operating a motor vehicle without a valid driver
  783  driver’s license in violation of the provisions of s. 322.03, s.
  784  322.065, or s. 322.15(1), or operating a motor vehicle with a
  785  license that has been suspended for failure to appear, failure
  786  to pay civil penalty, or failure to attend a driver improvement
  787  course pursuant to s. 322.291.
  788         2. Operating a motor vehicle without a valid registration
  789  in violation of s. 320.0605, s. 320.07, or s. 320.131.
  790         3. Operating a motor vehicle in violation of s. 316.646.
  791         4. Operating a motor vehicle with a license that has been
  792  suspended under s. 61.13016 or s. 322.245 for failure to pay
  793  child support or for failure to pay any other financial
  794  obligation as provided in s. 322.245; however, this subparagraph
  795  does not apply if the license has been suspended pursuant to s.
  796  322.245(1).
  797         5. Operating a motor vehicle with a license that has been
  798  suspended under s. 322.091 for failure to meet school attendance
  799  requirements.
  800         (b) Any person cited for an offense listed in this
  801  subsection shall present proof of compliance before prior to the
  802  scheduled court appearance date. For the purposes of this
  803  subsection, proof of compliance shall consist of a valid,
  804  renewed, or reinstated driver driver’s license or registration
  805  certificate and proper proof of maintenance of security as
  806  required by s. 316.646. Notwithstanding waiver of fine, any
  807  person establishing proof of compliance shall be assessed court
  808  costs of $25, except that a person charged with violation of s.
  809  316.646(1)-(3) may be assessed court costs of $8. One dollar of
  810  such costs shall be remitted to the Department of Revenue for
  811  deposit into the Child Welfare Training Trust Fund of the
  812  Department of Children and Family Services. One dollar of such
  813  costs shall be distributed to the Department of Juvenile Justice
  814  for deposit into the Juvenile Justice Training Trust Fund.
  815  Fourteen dollars of such costs shall be distributed to the
  816  municipality and $9 shall be deposited by the clerk of the court
  817  into the fine and forfeiture fund established pursuant to s.
  818  142.01, if the offense was committed within the municipality. If
  819  the offense was committed in an unincorporated area of a county
  820  or if the citation was for a violation of s. 316.646(1)-(3), the
  821  entire amount shall be deposited by the clerk of the court into
  822  the fine and forfeiture fund established pursuant to s. 142.01,
  823  except for the moneys to be deposited into the Child Welfare
  824  Training Trust Fund and the Juvenile Justice Training Trust
  825  Fund. This subsection does shall not be construed to authorize
  826  the operation of a vehicle without a valid driver driver’s
  827  license, without a valid vehicle tag and registration, or
  828  without the maintenance of required security.
  829         Section 11. Section 319.32, Florida Statutes, is amended to
  830  read:
  831         319.32 Fees; service charges; disposition.—
  832         (1) The department shall charge a fee of $70 for each
  833  original certificate of title, except for a certificate of title
  834  for a motor vehicle for hire registered under s. 320.08(6) for
  835  which the title fee shall be $49; $70 for each duplicate copy of
  836  a certificate of title, except for a certificate of title for a
  837  motor vehicle for hire registered under s. 320.08(6) for which
  838  the title fee shall be $49; $2 for each salvage certificate of
  839  title; and $3 for each assignment by a lienholder. The
  840  department shall also charge a fee of $2 for noting a lien on a
  841  title certificate, which fee includes the services for the
  842  subsequent issuance of a corrected certificate or cancellation
  843  of lien when that lien is satisfied. If an application for a
  844  certificate of title is for a vehicle that is required by s.
  845  319.14(1)(b) to have a physical examination, the department
  846  shall charge an additional fee of $40 for the initial
  847  examination and $20 for each subsequent examination. The initial
  848  examination fee shall be deposited into the General Revenue
  849  Fund, and each subsequent examination fee shall be deposited
  850  into the Highway Safety Operating Trust Fund. The physical
  851  examination of the vehicle includes, but is not limited to,
  852  verification of the vehicle identification number and
  853  verification of the bill of sale or title for major components.
  854  In addition to all other fees charged, a sum of $1 shall be paid
  855  for the issuance of an original or duplicate certificate of
  856  title to cover the cost of materials used for security purposes.
  857  A service fee of $2.50, to be deposited into the Highway Safety
  858  Operating Trust Fund, shall be charged for shipping and handling
  859  for each paper title mailed by the department.
  860         (2)(a) There shall be a service charge of $4.25 for each
  861  application that which is handled in connection with the
  862  issuance, duplication, or transfer of any certificate of title.
  863  There shall be a service charge of $1.25 for each application
  864  that which is handled in connection with the recordation or
  865  notation of a lien on a motor vehicle or mobile home which is
  866  not in connection with the purchase of such vehicle.
  867         (b) The service charges specified in paragraph (a) shall be
  868  collected by the department on any application handled directly
  869  from its office. Otherwise, these service charges shall be
  870  collected and retained by the tax collector who handles the
  871  application.
  872         (3) The department shall charge a fee of $10 in addition to
  873  that charged in subsection (1) for each original certificate of
  874  title issued for a vehicle previously registered outside this
  875  state.
  876         (4) The department shall charge a fee of $7 for each lien
  877  placed on a motor vehicle by the state child support enforcement
  878  program pursuant to s. 319.24.
  879         (5)(a) Forty-seven dollars of each fee collected, except
  880  for fees charged on a certificate of title for a motor vehicle
  881  for hire registered under s. 320.08(6), for each applicable
  882  original certificate of title and each applicable duplicate copy
  883  of a certificate of title, after deducting the service charges
  884  imposed by s. 215.20, shall be deposited into the State
  885  Transportation Trust Fund. Deposits to the State Transportation
  886  Trust Fund pursuant to this paragraph may not exceed $200
  887  million in any fiscal year and any collections in excess of that
  888  amount during the fiscal year shall be paid into the General
  889  Revenue Fund.
  890         (b) All fees collected pursuant to subsection (3) shall be
  891  paid into the Nongame Wildlife Trust Fund. Twenty-one dollars of
  892  each fee, except for fees charged on a certificate of title for
  893  a motor vehicle for hire registered under s. 320.08(6), for each
  894  applicable original certificate of title and each applicable
  895  duplicate copy of a certificate of title, after deducting the
  896  service charges imposed by s. 215.20, shall be deposited into
  897  the State Transportation Trust Fund. All other fees collected by
  898  the department under this chapter shall be paid into the General
  899  Revenue Fund.
  900         (6) Notwithstanding chapter 116, each every county officer
  901  within this state authorized to collect funds provided for in
  902  this chapter shall pay all sums officially received by the
  903  officer into the State Treasury no later than 5 working days
  904  after the close of the business day in which the officer
  905  received the funds. Payment by county officers to the state
  906  shall be made by means of electronic funds transfer.
  907         Section 12. Funds that result from increased revenues to
  908  the State Transportation Trust Fund derived from the amendments
  909  to s. 319.32(5)(a), Florida Statutes, made by this act must be
  910  used as follows, notwithstanding any other provision of law:
  911         (1)(a) In the 2012-2013 fiscal year, $200 million, or
  912  actual receipts up to $200 million, shall be transferred to the
  913  General Revenue Fund.
  914         (b) The Department of Transportation shall transfer the
  915  actual receipts monthly to the General Revenue Fund. These
  916  transfers shall be made in the month following the deposit of
  917  those receipts into the State Transportation Trust Fund.
  918         (2) Beginning in 2013-2014 fiscal year and annually for up
  919  to 30 years thereafter, $10 million shall be for the purpose of
  920  funding any seaport project identified in the adopted work
  921  program of the Department of Transportation, to be known as the
  922  Seaport Investment Program. The revenues may be assigned,
  923  pledged, or set aside as a trust for the payment of principal or
  924  interest on bonds, tax anticipation certificates, or other forms
  925  of indebtedness issued by an individual port or appropriate
  926  local government having jurisdiction thereof, or collectively by
  927  interlocal agreement among any of the ports, or used to purchase
  928  credit support to permit such borrowings. However, the debt is
  929  not a general obligation of the state. The state covenants with
  930  holders of the revenue bonds or other instruments of
  931  indebtedness issued pursuant to this subsection that it will not
  932  repeal or impair or amend this subsection in any manner that
  933  will materially or adversely affect the rights of holders so
  934  long as bonds authorized by this subsection are outstanding. The
  935  proceeds of any bonds or other indebtedness secured by a pledge
  936  of the funding, after payment of costs of issuance and
  937  establishment of any required reserves, shall be invested in
  938  projects approved by the Department of Transportation and
  939  included in the department’s adopted work program, by amendment
  940  if necessary. Any revenues that are not pledged to the repayment
  941  of bonds as authorized by this section may be used for purposes
  942  authorized under the Florida Seaport Transportation and Economic
  943  Development Program. This revenue source is in addition to any
  944  amounts provided for and appropriated in accordance with ss.
  945  311.07 and 320.20(3) and (4), Florida Statutes. Revenue bonds
  946  shall be issued by the Division of Bond Finance at the request
  947  of the Department of Transportation pursuant to the State Bond
  948  Act.
  949         (3) Beginning in the 2013-2014 fiscal year and annually for
  950  up to 30 years thereafter, $35 million shall be transferred to
  951  Florida’s Turnpike Enterprise, to be used in accordance with
  952  Florida Turnpike Enterprise Law, to the maximum extent feasible
  953  for feeder roads, structures, interchanges, appurtenances, and
  954  other rights to create or facilitate access to the existing
  955  turnpike system.
  956         (4) Beginning in the 2013-2014 fiscal year and annually
  957  thereafter, $10 million shall be transferred to the
  958  Transportation Disadvantaged Trust Fund, to be used as specified
  959  in s. 427.0159, Florida Statutes.
  960         (5) Beginning in the 2013-2014 fiscal year and annually
  961  thereafter, $10 million shall be allocated to the Small County
  962  Outreach Program, to be used as specified in s. 339.2818,
  963  Florida Statutes. These funds are in addition to the funds
  964  provided in s. 201.15(1)(c)1.b., Florida Statutes.
  965         (6) After the distributions required pursuant to
  966  subsections (1)-(5), the remaining funds shall be used annually
  967  for transportation projects within this state for existing or
  968  planned strategic transportation projects which connect major
  969  markets within this state or between this state and other
  970  states, which focus on job creation, and which increase this
  971  state’s viability in the national and global markets.
  972         (7) Pursuant to s. 339.135(7), Florida Statutes, the
  973  department shall amend the work program to add the projects
  974  provided for in this section.
  975         Section 13. Subsections (3) and (4) of section 320.20,
  976  Florida Statutes, are amended to read:
  977         320.20 Disposition of license tax moneys.—The revenue
  978  derived from the registration of motor vehicles, including any
  979  delinquent fees and excluding those revenues collected and
  980  distributed under the provisions of s. 320.081, must be
  981  distributed monthly, as collected, as follows:
  982         (3) Notwithstanding any other provision of law except
  983  subsections (1) and (2), on July 1, 1996, and annually
  984  thereafter, $15 million shall be deposited annually into in the
  985  State Transportation Trust Fund solely for the purposes of
  986  funding the Florida Seaport Transportation and Economic
  987  Development Program as provided for in chapter 311. Such
  988  revenues shall be distributed on a 50-50 matching basis to any
  989  port listed in s. 311.09(1) to be used for funding projects as
  990  described in s. 311.07(3)(b). Such revenues may be assigned,
  991  pledged, or set aside as a trust for the payment of principal or
  992  interest on bonds, tax anticipation certificates, or any other
  993  form of indebtedness issued by an individual port or appropriate
  994  local government having jurisdiction thereof, or collectively by
  995  interlocal agreement among any of the ports, or used to purchase
  996  credit support to permit such borrowings. However, such debt is
  997  shall not constitute a general obligation of the state of
  998  Florida. The state covenants does hereby covenant with holders
  999  of such revenue bonds or other instruments of indebtedness
 1000  issued hereunder that it will not repeal or impair or amend in
 1001  any manner that which will materially and adversely affect the
 1002  rights of such holders so long as bonds authorized by this
 1003  section are outstanding. Any revenues that which are not pledged
 1004  to the repayment of bonds as authorized by this section may be
 1005  used utilized for purposes authorized under the Florida Seaport
 1006  Transportation and Economic Development Program. This revenue
 1007  source is in addition to any amounts provided for and
 1008  appropriated in accordance with s. 311.07. The Florida Seaport
 1009  Transportation and Economic Development Council shall approve
 1010  the distribution of funds to ports for projects that which have
 1011  been approved pursuant to s. 311.09(5)-(8) 311.09(5)-(9). The
 1012  council and the Department of Transportation may are authorized
 1013  to perform such acts as are required to facilitate and implement
 1014  the provisions of this subsection. To better enable the ports to
 1015  cooperate to their mutual advantage, the governing body of each
 1016  port may exercise powers provided to municipalities or counties
 1017  in s. 163.01(7)(d) subject to the provisions of chapter 311 and
 1018  special acts, if any, pertaining to a port. The use of funds
 1019  provided pursuant to this subsection are limited to eligible
 1020  projects listed in this subsection. Income derived from a
 1021  project completed with the use of program funds, beyond
 1022  operating costs and debt service, is shall be restricted solely
 1023  to further port capital improvements consistent with maritime
 1024  purposes and for no other purpose. Use of such income for
 1025  nonmaritime purposes is prohibited. The provisions of s.
 1026  311.07(4) do not apply to any funds received pursuant to this
 1027  subsection. The revenues available under this subsection may
 1028  shall not be pledged to the payment of any bonds other than the
 1029  Florida Ports Financing Commission Series 1996 and Series 1999
 1030  Bonds currently outstanding; provided, however, such revenues
 1031  may be pledged to secure payment of refunding bonds to refinance
 1032  the Florida Ports Financing Commission Series 1996 and Series
 1033  1999 Bonds. No Refunding bonds secured by revenues available
 1034  under this subsection may not be issued with a final maturity
 1035  later than the final maturity of the Florida Ports Financing
 1036  Commission Series 1996 and Series 1999 Bonds or which provide
 1037  for higher debt service in any year than is currently payable on
 1038  such bonds. Any revenue bonds or other indebtedness issued after
 1039  July 1, 2000, other than refunding bonds shall be issued by the
 1040  Division of Bond Finance at the request of the Department of
 1041  Transportation pursuant to the State Bond Act.
 1042         (4) Notwithstanding any other provision of law except
 1043  subsections (1), (2), and (3), on July 1, 1999, and annually
 1044  thereafter, $10 million shall be deposited annually into in the
 1045  State Transportation Trust Fund solely for the purposes of
 1046  funding the Florida Seaport Transportation and Economic
 1047  Development Program as provided in chapter 311 and for funding
 1048  seaport intermodal access projects of statewide significance as
 1049  provided in s. 341.053. Such revenues shall be distributed to
 1050  any port listed in s. 311.09(1), to be used for funding projects
 1051  as follows:
 1052         (a) For any seaport intermodal access projects that are
 1053  identified in the 1997-1998 Tentative Work Program of the
 1054  Department of Transportation, up to the amounts needed to offset
 1055  the funding requirements of this section.
 1056         (b) For seaport intermodal access projects as described in
 1057  s. 341.053(5) which that are identified in the 5-year Florida
 1058  Seaport Mission Plan as provided in s. 311.09(3). Funding for
 1059  such projects shall be on a matching basis as mutually
 1060  determined by the Florida Seaport Transportation and Economic
 1061  Development Council and the Department of Transportation if,
 1062  provided a minimum of 25 percent of total project funds shall
 1063  come from any port funds, local funds, private funds, or
 1064  specifically earmarked federal funds.
 1065         (c) On a 50-50 matching basis for projects as described in
 1066  s. 311.07(3)(b).
 1067         (d) For seaport intermodal access projects that involve the
 1068  dredging or deepening of channels, turning basins, or harbors;
 1069  or the rehabilitation of wharves, docks, or similar structures.
 1070  Funding for such projects requires shall require a 25 percent
 1071  match of the funds received pursuant to this subsection.
 1072  Matching funds must shall come from any port funds, federal
 1073  funds, local funds, or private funds.
 1074  
 1075  Such revenues may be assigned, pledged, or set aside as a trust
 1076  for the payment of principal or interest on bonds, tax
 1077  anticipation certificates, or any other form of indebtedness
 1078  issued by an individual port or appropriate local government
 1079  having jurisdiction thereof, or collectively by interlocal
 1080  agreement among any of the ports, or used to purchase credit
 1081  support to permit such borrowings. However, such debt is shall
 1082  not constitute a general obligation of the state. This state
 1083  covenants does hereby covenant with holders of such revenue
 1084  bonds or other instruments of indebtedness issued hereunder that
 1085  it will not repeal or impair or amend this subsection in any
 1086  manner that which will materially and adversely affect the
 1087  rights of holders so long as bonds authorized by this subsection
 1088  are outstanding. Any revenues that are not pledged to the
 1089  repayment of bonds as authorized by this section may be used
 1090  utilized for purposes authorized under the Florida Seaport
 1091  Transportation and Economic Development Program. This revenue
 1092  source is in addition to any amounts provided for and
 1093  appropriated in accordance with s. 311.07 and subsection (3).
 1094  The Florida Seaport Transportation and Economic Development
 1095  Council shall approve distribution of funds to ports for
 1096  projects that have been approved pursuant to s. 311.09(5)-(8)
 1097  311.09(5)-(9), or for seaport intermodal access projects
 1098  identified in the 5-year Florida Seaport Mission Plan as
 1099  provided in s. 311.09(3) and mutually agreed upon by the FSTED
 1100  Council and the Department of Transportation. All contracts for
 1101  actual construction of projects authorized by this subsection
 1102  must include a provision encouraging employment of participants
 1103  in the welfare transition program. The goal for such employment
 1104  of participants in the welfare transition program is 25 percent
 1105  of all new employees employed specifically for the project,
 1106  unless the Department of Transportation and the Florida Seaport
 1107  Transportation and Economic Development Council demonstrate that
 1108  such a requirement would severely hamper the successful
 1109  completion of the project. In such an instance, Workforce
 1110  Florida, Inc., shall establish an appropriate percentage of
 1111  employees who are that must be participants in the welfare
 1112  transition program. The council and the Department of
 1113  Transportation may are authorized to perform such acts as are
 1114  required to facilitate and implement the provisions of this
 1115  subsection. To better enable the ports to cooperate to their
 1116  mutual advantage, the governing body of each port may exercise
 1117  powers provided to municipalities or counties in s. 163.01(7)(d)
 1118  subject to the provisions of chapter 311 and special acts, if
 1119  any, pertaining to a port. The use of funds provided pursuant to
 1120  this subsection is limited to eligible projects listed in this
 1121  subsection. The provisions of s. 311.07(4) do not apply to any
 1122  funds received pursuant to this subsection. The revenues
 1123  available under this subsection may shall not be pledged to the
 1124  payment of any bonds other than the Florida Ports Financing
 1125  Commission Series 1996 and Series 1999 Bonds currently
 1126  outstanding; provided, however, such revenues may be pledged to
 1127  secure payment of refunding bonds to refinance the Florida Ports
 1128  Financing Commission Series 1996 and Series 1999 Bonds. No
 1129  Refunding bonds secured by revenues available under this
 1130  subsection may not be issued with a final maturity later than
 1131  the final maturity of the Florida Ports Financing Commission
 1132  Series 1996 and Series 1999 Bonds or which provide for higher
 1133  debt service in any year than is currently payable on such
 1134  bonds. Any revenue bonds or other indebtedness issued after July
 1135  1, 2000, other than refunding bonds shall be issued by the
 1136  Division of Bond Finance at the request of the Department of
 1137  Transportation pursuant to the State Bond Act.
 1138         Section 14. Section 320.204, Florida Statutes, is repealed.
 1139         Section 15. Subsection (3) of section 322.07, Florida
 1140  Statutes, is amended to read:
 1141         322.07 Instruction permits and temporary licenses.—
 1142         (3) Any person who, except for his or her lack of
 1143  instruction in operating a commercial motor vehicle, would
 1144  otherwise be qualified to obtain a commercial driver driver’s
 1145  license under this chapter, may apply for a temporary commercial
 1146  instruction permit. The department shall issue such a permit
 1147  entitling the applicant, while having the permit in his or her
 1148  immediate possession, to drive a commercial motor vehicle on the
 1149  highways, if provided that:
 1150         (a) The applicant possesses a valid Florida driver driver’s
 1151  license issued in any state; and
 1152         (b) The applicant, while operating a commercial motor
 1153  vehicle, is accompanied by a licensed driver who is 21 years of
 1154  age or older, who is licensed to operate the class of vehicle
 1155  being operated, and who is actually occupying the closest seat
 1156  to the right of the driver.
 1157         Section 16. Subsection (2) of section 322.53, Florida
 1158  Statutes, is amended to read:
 1159         322.53 License required; exemptions.—
 1160         (2) The following persons are exempt from the requirement
 1161  to obtain a commercial driver driver’s license:
 1162         (a) Drivers of authorized emergency vehicles.
 1163         (b) Military personnel driving vehicles operated for
 1164  military purposes.
 1165         (c) Farmers transporting agricultural products, farm
 1166  supplies, or farm machinery to or from their farms and within
 1167  150 miles of their farms farm, if the vehicle operated under
 1168  this exemption is not used in the operations of a common or
 1169  contract motor carrier or transporting agricultural products to
 1170  or from the first place of storage or processing or directly to
 1171  or from market, within 150 miles of their farm.
 1172         (d) Drivers of recreational vehicles, as defined in s.
 1173  320.01.
 1174         (e) Drivers who operate straight trucks, as defined in s.
 1175  316.003, and who that are exclusively transporting exclusively
 1176  their own tangible personal property, which is not for sale.
 1177         (f) Employees An employee of a publicly owned transit
 1178  system who are is limited to moving vehicles for maintenance or
 1179  parking purposes exclusively within the restricted-access
 1180  confines of a transit system’s property.
 1181         Section 17. Subsection (2) of section 322.54, Florida
 1182  Statutes, is amended to read:
 1183         322.54 Classification.—
 1184         (2) The department shall issue, pursuant to the
 1185  requirements of this chapter, driver drivers’ licenses in
 1186  accordance with the following classifications:
 1187         (a) Any person who drives a motor vehicle combination
 1188  having a gross vehicle weight rating or gross vehicle weight of
 1189  26,001 pounds or more must possess a valid Class A driver
 1190  driver’s license, if provided the gross vehicle weight rating or
 1191  gross vehicle weight of the vehicle being towed is more than
 1192  10,000 pounds. Any person who possesses a valid Class A driver
 1193  driver’s license may, subject to the appropriate restrictions
 1194  and endorsements, drive any class of motor vehicle within this
 1195  state.
 1196         (b) Any person, except a person who possesses a valid Class
 1197  A driver driver’s license, who drives a motor vehicle having a
 1198  gross vehicle weight rating or gross vehicle weight of 26,001
 1199  pounds or more must possess a valid Class B driver driver’s
 1200  license. Any person, except a person who possesses a valid Class
 1201  A driver driver’s license, who drives such vehicle towing a
 1202  vehicle having a gross vehicle weight rating of 10,000 pounds or
 1203  less must possess a valid Class B driver driver’s license. Any
 1204  person who possesses a valid Class B driver driver’s license
 1205  may, subject to the appropriate restrictions and endorsements,
 1206  drive any class of motor vehicle, other than the type of motor
 1207  vehicle for which a Class A driver driver’s license is required,
 1208  within this state.
 1209         (c) Any person, except a person who possesses a valid Class
 1210  A or a valid Class B driver driver’s license, who drives a motor
 1211  vehicle having a gross vehicle weight rating of less than 26,001
 1212  pounds and who is required to obtain an endorsement pursuant to
 1213  paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e) of s.
 1214  322.57, must possess a valid Class C driver driver’s license.
 1215  Any person who possesses a valid Class C driver driver’s license
 1216  may, subject to the appropriate restrictions and endorsements,
 1217  drive any class of motor vehicle, other than the type of motor
 1218  vehicle for which a Class A or a Class B driver driver’s license
 1219  is required, within this state.
 1220         (d) Any person, except a person who possesses a valid Class
 1221  A, valid Class B, or valid Class C driver driver’s license, who
 1222  drives a motor vehicle must possess a valid Class E driver
 1223  driver’s license. Any person who possesses a valid Class E
 1224  driver driver’s license may, subject to the appropriate
 1225  restrictions and endorsements, drive any type of motor vehicle,
 1226  other than the type of motor vehicle for which a Class A, Class
 1227  B, or Class C driver driver’s license is required, within this
 1228  state.
 1229         Section 18. Section 322.59, Florida Statutes, is amended to
 1230  read:
 1231         322.59 Possession of medical examiner’s certificate.—
 1232         (1) The department may shall not issue a commercial driver
 1233  driver’s license to a any person who is required by the laws of
 1234  this state or by federal law to possess a medical examiner’s
 1235  certificate, unless the such person presents a valid
 1236  certificate, as described in 49 C.F.R. s. 383.71, before prior
 1237  to licensure.
 1238         (2) The department shall disqualify a driver from operating
 1239  a commercial motor vehicle if the driver holds a commercial
 1240  driver license and fails to comply with the medical
 1241  certification requirements in 49 C.F.R. s. 383.71 This section
 1242  does not expand the requirements as to who must possess a
 1243  medical examiner’s certificate.
 1244         (3) A person who is disqualified from operating a
 1245  commercial motor vehicle under this section may, if otherwise
 1246  qualified, be issued a Class E driver license pursuant to s.
 1247  322.251.
 1248         Section 19. Subsections (3) and (5) of section 322.61,
 1249  Florida Statutes, are amended to read:
 1250         322.61 Disqualification from operating a commercial motor
 1251  vehicle.—
 1252         (3)(a) Except as provided in subsection (4), any person who
 1253  is convicted of one of the offenses listed in paragraph (b)
 1254  while operating a commercial motor vehicle shall, in addition to
 1255  any other applicable penalties, be disqualified from operating a
 1256  commercial motor vehicle for a period of 1 year.:
 1257         (b) Except as provided in subsection (4), any holder of a
 1258  commercial driver driver’s license who is convicted of one of
 1259  the offenses listed in this paragraph while operating a
 1260  noncommercial motor vehicle shall, in addition to any other
 1261  applicable penalties, be disqualified from operating a
 1262  commercial motor vehicle for a period of 1 year:
 1263         1. Driving a motor vehicle while he or she is under the
 1264  influence of alcohol or a controlled substance;
 1265         2. Driving a commercial motor vehicle while the alcohol
 1266  concentration of his or her blood, breath, or urine is .04
 1267  percent or higher;
 1268         3. Leaving the scene of a crash involving a motor vehicle
 1269  driven by such person;
 1270         4. Using a motor vehicle in the commission of a felony;
 1271         5. Driving a commercial motor vehicle while in possession
 1272  of a controlled substance;
 1273         6. Refusing to submit to a test to determine his or her
 1274  alcohol concentration while driving a motor vehicle;
 1275         7. Driving a commercial vehicle while the licenseholder’s
 1276  commercial driver driver’s license is suspended, revoked, or
 1277  canceled or while the licenseholder is disqualified from driving
 1278  a commercial vehicle; or
 1279         8. Causing a fatality through the negligent operation of a
 1280  commercial motor vehicle.
 1281         (5) A Any person who is convicted of two violations
 1282  specified in subsection (3) which were committed while operating
 1283  a commercial motor vehicle, or any combination thereof, arising
 1284  in separate incidents shall be permanently disqualified from
 1285  operating a commercial motor vehicle. A Any holder of a
 1286  commercial driver driver’s license who is convicted of two
 1287  violations specified in subsection (3) which were committed
 1288  while operating any a noncommercial motor vehicle, or any
 1289  combination thereof, arising in separate incidents shall be
 1290  permanently disqualified from operating a commercial motor
 1291  vehicle. The penalty provided in this subsection is in addition
 1292  to any other applicable penalty.
 1293         Section 20. Present subsections (8) through (13) of section
 1294  334.30, Florida Statutes, are redesignated as subsections (7)
 1295  through (12), respectively, and present subsection (7) of that
 1296  section is amended, to read:
 1297         334.30 Public-private transportation facilities.—The
 1298  Legislature finds and declares that there is a public need for
 1299  the rapid construction of safe and efficient transportation
 1300  facilities for the purpose of traveling within the state, and
 1301  that it is in the public’s interest to provide for the
 1302  construction of additional safe, convenient, and economical
 1303  transportation facilities.
 1304         (7) The department may lend funds from the Toll Facilities
 1305  Revolving Trust Fund, as outlined in s. 338.251, to private
 1306  entities that construct projects on the State Highway System
 1307  containing toll facilities that are approved under this section.
 1308  To be eligible, a private entity must comply with s. 338.251 and
 1309  must provide an indication from a nationally recognized rating
 1310  agency that the senior bonds for the project will be investment
 1311  grade, or must provide credit support such as a letter of credit
 1312  or other means acceptable to the department, to ensure that the
 1313  loans will be fully repaid. The state’s liability for the
 1314  funding of a facility is limited to the amount approved for that
 1315  specific facility in the department’s 5-year work program
 1316  adopted pursuant to s. 339.135.
 1317         Section 21. Subsection (5) is added to section 335.074,
 1318  Florida Statutes, to read:
 1319         335.074 Safety inspection of bridges.—
 1320         (5) Upon receipt of an inspection report that recommends
 1321  reducing the weight, size, or speed limit on a bridge, the
 1322  governmental entity having maintenance responsibility for the
 1323  bridge shall reduce the maximum limits for the bridge in
 1324  accordance with the inspection report and shall post the limits
 1325  in accordance with s. 316.555. The governmental entity shall,
 1326  within 30 days after receipt of an inspection report
 1327  recommending lower limits, notify the department that the
 1328  limitations have been implemented and the limits have been
 1329  posted accordingly. If the required actions are not taken within
 1330  30 days after receipt of an inspection report, the department
 1331  shall post the limits on the bridge in accordance with the
 1332  recommendations in the inspection report. The costs incurred by
 1333  the department in connection with providing notice of the
 1334  bridge’s limitations or restrictions shall be assessed against
 1335  and collected from the governmental entity having maintenance
 1336  responsibility for the bridge. If an inspection report
 1337  recommends closure of a bridge, the bridge shall be immediately
 1338  closed. If the governmental entity does not close the bridge
 1339  immediately upon receipt of an inspection report recommending
 1340  closure, the department shall close the bridge. The costs
 1341  incurred by the department in connection with the bridge closure
 1342  shall be assessed against and collected from the governmental
 1343  entity having maintenance responsibility for the bridge. This
 1344  subsection does not alter existing jurisdictional
 1345  responsibilities for the operation and maintenance of bridges.
 1346         Section 22. Section 338.151, Florida Statutes, is created
 1347  to read:
 1348         338.151 Authority of the department to establish tolls on
 1349  the State Highway System.—Notwithstanding s. 338.165(8), the
 1350  department may establish tolls on new limited access facilities
 1351  on the State Highway System, lanes added to existing limited
 1352  access facilities on the State Highway System, new major bridges
 1353  on the State Highway System over waterways, and replacements for
 1354  existing major bridges on the State Highway System over
 1355  waterways to pay, fully or partially, for the cost of such
 1356  projects. Except for high-occupancy vehicle lanes, express
 1357  lanes, the turnpike system, and as otherwise authorized by law,
 1358  the department may not establish tolls on lanes of limited
 1359  access facilities that exist on July 1, 2012, unless tolls were
 1360  in effect for the lanes before that date. The authority provided
 1361  in this section is in addition to the authority provided under
 1362  the Florida Turnpike Enterprise Law and s. 338.166.
 1363         Section 23. Subsection (1) of section 338.155, Florida
 1364  Statutes, is amended to read:
 1365         338.155 Payment of toll on toll facilities required;
 1366  exemptions.—
 1367         (1) A person may not No persons are permitted to use any
 1368  toll facility without payment of tolls, except employees of the
 1369  agency operating the toll project when using the toll facility
 1370  on official state business, state military personnel while on
 1371  official military business, handicapped persons as provided in
 1372  this section, persons exempt from toll payment by the
 1373  authorizing resolution for bonds issued to finance the facility,
 1374  and persons exempt on a temporary basis where use of such toll
 1375  facility is required as a detour route. Any law enforcement
 1376  officer operating a marked official vehicle is exempt from toll
 1377  payment when on official law enforcement business. Any person
 1378  operating a fire vehicle when on official business or a rescue
 1379  vehicle when on official business is exempt from toll payment.
 1380  Any person participating in the funeral procession of a law
 1381  enforcement officer or firefighter killed in the line of duty is
 1382  exempt from toll payment. The secretary, or the secretary’s
 1383  designee, may suspend the payment of tolls on a toll facility
 1384  when necessary to assist in emergency evacuation. The failure to
 1385  pay a prescribed toll constitutes a noncriminal traffic
 1386  infraction, punishable as a moving violation as provided in
 1387  pursuant to s. 318.18. The department may is authorized to adopt
 1388  rules relating to the payment, collection, and enforcement of
 1389  tolls, as authorized in chapters 316, 318, 320, 322, and 338,
 1390  including, but not limited to, rules for the implementation of
 1391  video or other image billing and variable pricing. The
 1392  department may by rule allow the use of toll facilities that it
 1393  manages by public transit vehicles or by vehicles participating
 1394  in a funeral procession for an active-duty military service
 1395  member without the payment of tolls if the revenues of these
 1396  toll facilities are not pledged to repayment of bonds.
 1397         Section 24. Section 338.161, Florida Statutes, is amended
 1398  to read:
 1399         338.161 Authority of department or toll agencies to
 1400  advertise and promote electronic toll collection; Expanded uses
 1401  of electronic toll collection system; studies authorized.—
 1402         (1) The department may is authorized to incur expenses for
 1403  paid advertising, marketing, and promotion of toll facilities
 1404  and electronic toll collection products and services. Promotions
 1405  may include discounts and free products.
 1406         (2) The department may is authorized to receive funds from
 1407  advertising placed on electronic toll collection products and
 1408  promotional materials to defray the costs of products and
 1409  services.
 1410         (3)(a) The department or any toll agency created by statute
 1411  may incur expenses to advertise or promote its electronic toll
 1412  collection system to consumers on or off the turnpike or toll
 1413  system.
 1414         (4)(b) If the department or any toll agency created by
 1415  statute finds that it can increase nontoll revenues or add
 1416  convenience or other value for its customers, the department or
 1417  toll agency may enter into agreements with a any private or
 1418  public entity allowing the use of its electronic toll collection
 1419  system to pay parking fees for vehicles equipped with a
 1420  transponder or similar device. The department or toll agency may
 1421  initiate feasibility studies of other additional future uses of
 1422  its electronic toll collection system and make recommendations
 1423  to the Legislature to authorize such uses.
 1424         (5) If the department finds that it can increase nontoll
 1425  revenues or add convenience or other value for its customers,
 1426  and if a public or private transportation facility owner agrees
 1427  that its facility will become interoperable with the
 1428  department’s electronic toll collection and video billing
 1429  systems, the department may enter into an agreement with the
 1430  owner of such facility under which the department uses its
 1431  systems to collect and enforce for the owner tolls, fares,
 1432  administrative fees, and other applicable charges due in
 1433  connection with use of the owner’s facility.
 1434         Section 25. Subsection (10) is added to section 338.165,
 1435  Florida Statutes, to read:
 1436         338.165 Continuation of tolls.—
 1437         (10) The department’s Beachline-East Expressway may be
 1438  transferred by the department and become part of the turnpike
 1439  system under the Florida Turnpike Enterprise Law. Any funds
 1440  expended by the Florida Turnpike Enterprise for the acquisition
 1441  of the Beachline-East Expressway shall be deposited into the
 1442  State Transportation Trust Fund, and, notwithstanding any other
 1443  law to the contrary, such funds shall first be allocated by the
 1444  department to fund the department’s obligation to construct
 1445  Wekiva Parkway. The term “Wekiva Parkway” means a limited access
 1446  highway or expressway constructed between State Road 429 and
 1447  Interstate 4 specifically incorporating the corridor alignment
 1448  recommended by Recommendation 2 of the Wekiva River Basin Area
 1449  Task Force final report dated January 15, 2003, and the
 1450  recommendations of the SR 429 Working Group which were adopted
 1451  January 16, 2004, and related transportation facilities.
 1452         Section 26. Section 338.166, Florida Statutes, is amended
 1453  to read:
 1454         338.166 High-occupancy toll lanes or express lanes.—
 1455         (1) Under s. 11, Art. VII of the State Constitution, the
 1456  department may request the Division of Bond Finance to issue
 1457  bonds secured by toll revenues collected on high-occupancy toll
 1458  lanes or express lanes established on facilities owned by the
 1459  department located on Interstate 95 in Miami-Dade and Broward
 1460  Counties.
 1461         (2) The department may continue to collect the toll on the
 1462  high-occupancy toll lanes or express lanes after the discharge
 1463  of any bond indebtedness related to such project. All tolls so
 1464  collected shall first be used to pay the annual cost of the
 1465  operation, maintenance, and improvement of the high-occupancy
 1466  toll lanes or express lanes project or associated transportation
 1467  system.
 1468         (3) Any remaining toll revenue from the high-occupancy toll
 1469  lanes or express lanes shall be used by the department for the
 1470  construction, maintenance, or improvement of any road on the
 1471  State Highway System within the county or counties in which the
 1472  toll revenues were collected or to support express bus service
 1473  on the facility where the toll revenues were collected.
 1474         (4) The department may implement variable rate tolls on
 1475  high-occupancy toll lanes or express lanes.
 1476         (5) Except for high-occupancy toll lanes or express lanes,
 1477  tolls may not be charged for use of an interstate highway where
 1478  tolls were not charged as of July 1, 1997.
 1479         (6) This section does not apply to the turnpike system as
 1480  defined under the Florida Turnpike Enterprise Law.
 1481         Section 27. Paragraph (a) of subsection (8) of section
 1482  338.221, Florida Statutes, is amended to read:
 1483         338.221 Definitions of terms used in ss. 338.22-338.241.—As
 1484  used in ss. 338.22-338.241, the following words and terms have
 1485  the following meanings, unless the context indicates another or
 1486  different meaning or intent:
 1487         (8) “Economically feasible” means:
 1488         (a) For a proposed turnpike project, that, as determined by
 1489  the department before the issuance of revenue bonds for the
 1490  project, the estimated net revenues of the proposed turnpike
 1491  project, excluding feeder roads and turnpike improvements, will
 1492  be sufficient to pay at least 50 percent of the annual debt
 1493  service on the bonds associated with the project by the end of
 1494  the 12th year of operation and to pay at least 100 percent of
 1495  the debt service on the bonds by the end of the 30th 22nd year
 1496  of operation. In implementing this paragraph, up to 50 percent
 1497  of the adopted work program costs of the project may be funded
 1498  from turnpike revenues.
 1499  
 1500  This subsection does not prohibit the pledging of revenues from
 1501  the entire turnpike system to bonds issued to finance or
 1502  refinance a turnpike project or group of turnpike projects.
 1503         Section 28. Paragraphs (a) and (b) of subsection (1) of
 1504  section 338.223, Florida Statutes, are amended to read:
 1505         338.223 Proposed turnpike projects.—
 1506         (1)(a) Any proposed project to be constructed or acquired
 1507  as part of the turnpike system and any turnpike improvement
 1508  shall be included in the tentative work program. A No proposed
 1509  project or group of proposed projects may not shall be added to
 1510  the turnpike system unless such project or projects are
 1511  determined to be economically feasible and a statement of
 1512  environmental feasibility has been completed for such project or
 1513  projects and such projects are determined to be consistent, to
 1514  the maximum extent feasible, with approved local government
 1515  comprehensive plans of the local governments in which such
 1516  projects are located. The department may authorize engineering
 1517  studies, traffic studies, environmental studies, and other
 1518  expert studies of the location, costs, economic feasibility, and
 1519  practicality of proposed turnpike projects throughout the state
 1520  and may proceed with the design phase of such projects. The
 1521  department may shall not request legislative approval of a
 1522  proposed turnpike project until the design phase of that project
 1523  is at least 30 60 percent complete. If a proposed project or
 1524  group of proposed projects is found to be economically feasible,
 1525  consistent, to the maximum extent feasible, with approved local
 1526  government comprehensive plans of the local governments in which
 1527  such projects are located, and a favorable statement of
 1528  environmental feasibility has been completed, the department,
 1529  with the approval of the Legislature, shall, after the receipt
 1530  of all necessary permits, construct, maintain, and operate such
 1531  turnpike projects.
 1532         (b) Any proposed turnpike project or improvement shall be
 1533  developed in accordance with the Florida Transportation Plan and
 1534  the work program pursuant to s. 339.135. Turnpike projects that
 1535  add capacity, alter access, affect feeder roads, or affect the
 1536  operation of the local transportation system shall be included
 1537  in the transportation improvement plan of the affected
 1538  metropolitan planning organization. If such turnpike project
 1539  does not fall within the jurisdiction of a metropolitan planning
 1540  organization, the department shall notify the affected county
 1541  and provide for public hearings in accordance with s.
 1542  339.155(6)(c).
 1543         Section 29. Section 338.251, Florida Statutes, is repealed.
 1544         Section 30. Paragraph (f) of subsection (1) of section
 1545  339.08, Florida Statutes, is amended to read:
 1546         339.08 Use of moneys in State Transportation Trust Fund.—
 1547         (1) The department shall expend moneys in the State
 1548  Transportation Trust Fund accruing to the department, in
 1549  accordance with its annual budget. The use of such moneys shall
 1550  be restricted to the following purposes:
 1551         (f) To pay the cost of economic development transportation
 1552  projects in accordance with s. 339.2821 288.063.
 1553         Section 31. Section 339.139, Florida Statutes, is created
 1554  to read:
 1555         339.139 Transportation debt assessment.—
 1556         (1) It is the policy of the state to manage the financing
 1557  of transportation infrastructure in a manner that ensures the
 1558  fiscal integrity of the State Transportation Trust Fund.
 1559         (2) The department shall provide a debt and debtlike
 1560  contractual obligations load report to the Executive Office of
 1561  the Governor, the President of the Senate, the Speaker of the
 1562  House of Representatives, and the legislative appropriations
 1563  committees in conjunction with the tentative work program
 1564  required under s. 339.135. The debt and debtlike contractual
 1565  obligations load report must include the following data on
 1566  current and planned department commitments that are payable from
 1567  the State Transportation Trust Fund:
 1568         (a) Debt service payments that are required to be made
 1569  under any resolution for the issuance of bonds secured by a lien
 1570  on federal highway aid reimbursements or motor fuel and diesel
 1571  fuel taxes.
 1572         (b) Funding for seaports which has been pledged to the
 1573  payment of principal and interest on bonds issued by the Florida
 1574  Ports Financing Commission pursuant to s. 320.20.
 1575         (c) Commitments of the department to pay the costs of
 1576  operating, maintaining, repairing, and rehabilitating expressway
 1577  and bridge systems under the terms of lease-purchase agreements
 1578  which are enforceable by the holders of bonds issued by
 1579  expressway and bridge authorities pursuant to chapter 348.
 1580         (d) Availability, milestone, and final acceptance payments
 1581  that are required by public-private partnerships pursuant to s.
 1582  334.30 and that are not payments for the cost of operation or
 1583  maintenance of a facility.
 1584         (e) Agreed-on payments to a department contractor for work
 1585  performed in the current fiscal year for which payment is
 1586  deferred to a later fiscal year pursuant to s. 334.30.
 1587         (f) Reimbursements to local governments for work performed
 1588  on a project if the reimbursement is deferred to a later fiscal
 1589  year pursuant to s. 339.12.
 1590         (g) Loan repayments on state infrastructure bank loans
 1591  extended to a department district pursuant to s. 339.55.
 1592         (3) The department shall manage all levels of debt to
 1593  ensure that by the beginning of the 2017–2018 fiscal year, not
 1594  more than 20 percent of total projected available state and
 1595  federal revenues from the State Transportation Trust Fund,
 1596  together with any local funds committed to department projects,
 1597  are committed to the obligations identified in subsection (2) in
 1598  any year.
 1599         (4) If the department believes that a critical project
 1600  would justify exceeding the limitation established in this
 1601  section, the department shall notify the Governor, the President
 1602  of the Senate, the Speaker of the House of Representatives, and
 1603  the chairs of the legislative appropriations committees. The
 1604  notification must identify the critical project and the
 1605  projected impact on the department’s total debt load. The
 1606  department may proceed with the project upon approval by the
 1607  Governor. If either chair of the legislative appropriations
 1608  committees, the President of the Senate, or the Speaker of the
 1609  House of Representatives objects in writing to a proposed
 1610  project within 14 days after submittal of a department request
 1611  to exceed debt limits and specifies the reasons for such
 1612  objection, the Governor may not approve the project.
 1613         (5) The department shall prepare a separate report on debt
 1614  obligations that are secured by and payable solely from pledged
 1615  revenues. The department shall provide the report on pledged
 1616  revenue debt to the Executive Office of the Governor, the
 1617  President of the Senate, the Speaker of the House of
 1618  Representatives, and the legislative appropriations committees
 1619  in conjunction with the tentative work program required under s.
 1620  339.135.
 1621         Section 32. Section 339.2821, Florida Statutes, is created
 1622  to read:
 1623         339.2821 Economic development transportation projects.—
 1624         (1)(a) The department, in consultation with the Department
 1625  of Economic Opportunity, may make and approve expenditures and
 1626  contract with the appropriate governmental body for the direct
 1627  costs of transportation projects. The Department of Economic
 1628  Opportunity and the Department of Environmental Protection may
 1629  formally review and comment on recommended transportation
 1630  projects, although the department has final approval authority
 1631  for any project authorized under this section.
 1632         (b) As used in this section, the term:
 1633         1. “Governmental body” means an instrumentality of the
 1634  state or a county, municipality, district, authority, board, or
 1635  commission, or an agency thereof, within which jurisdiction the
 1636  transportation project is located and which is responsible to
 1637  the department for the transportation project.
 1638         2. “Transportation project” means a transportation
 1639  facility, as defined in s. 334.03, which the department, in
 1640  consultation with the Department of Economic Opportunity, deems
 1641  necessary to facilitate the economic development and growth of
 1642  the state.
 1643         (2) The department, in consultation with the Department of
 1644  Economic Opportunity, shall review each transportation project
 1645  for approval and funding. In the review, the department must
 1646  consider:
 1647         (a) The cost per job created or retained considering the
 1648  amount of transportation funds requested;
 1649         (b) The average hourly rate of wages for jobs created;
 1650         (c) The reliance on any program as an inducement for
 1651  determining the transportation project’s location;
 1652         (d) The amount of capital investment to be made by a
 1653  business;
 1654         (e) The demonstrated local commitment;
 1655         (f) The location of the transportation project in an
 1656  enterprise zone as designated in s. 290.0055;
 1657         (g) The location of the transportation project in a
 1658  spaceport territory as defined in s. 331.304;
 1659         (h) The unemployment rate of the surrounding area; and
 1660         (i) The poverty rate of the community.
 1661  
 1662  The department may contact any agency it deems appropriate for
 1663  additional information regarding the approval of a
 1664  transportation project. A transportation project must be
 1665  approved by the department to be eligible for funding.
 1666         (3)(a) The department must approve a transportation project
 1667  if it determines that the transportation project will:
 1668         1. Attract new employment opportunities to the state or
 1669  expand or retain employment in existing companies operating
 1670  within the state.
 1671         2. Allow for the construction or expansion of a state or
 1672  federal correctional facility in a county having a population of
 1673  75,000 or fewer which creates new employment opportunities or
 1674  expands or retains employment in the county.
 1675         (b) The department must ensure that small and minority
 1676  businesses have equal access to participate in transportation
 1677  projects funded pursuant to this section.
 1678         (c) In addition to administrative costs and equipment
 1679  purchases specified in the contract, funds for approved
 1680  transportation projects may be used for expenses that are
 1681  necessary for building new, or improving existing,
 1682  transportation facilities. Funds made available pursuant to this
 1683  section may not be expended for the relocation of a business
 1684  from one community to another community in this state unless the
 1685  department determines that, without the relocation, the business
 1686  will move outside the state or determines that the business has
 1687  a compelling economic reason for the relocation, such as
 1688  creating additional jobs.
 1689         (4) A contract between the department and a governmental
 1690  body for a transportation project must:
 1691         (a) Specify that the transportation project is for the
 1692  construction of a new or expanding business and specify the
 1693  number of full-time permanent jobs that will result from the
 1694  project.
 1695         (b) Identify the governmental body and require that the
 1696  governmental body award the construction of the particular
 1697  transportation project to the lowest and best bidder in
 1698  accordance with applicable state and federal statutes or rules
 1699  unless the transportation project can be constructed using
 1700  existing local governmental employees within the contract period
 1701  specified by the department.
 1702         (c) Require that the governmental body provide the
 1703  department with quarterly progress reports. Each quarterly
 1704  progress report must contain:
 1705         1. A narrative description of the work completed and
 1706  whether the work is proceeding according to the transportation
 1707  project schedule;
 1708         2. A description of each change order executed by the
 1709  governmental body;
 1710         3. A budget summary detailing planned expenditures compared
 1711  to actual expenditures; and
 1712         4. The identity of each small or minority business used as
 1713  a contractor or subcontractor.
 1714         (d) Require that the governmental body make and maintain
 1715  records in accordance with accepted governmental accounting
 1716  principles and practices for each progress payment made for work
 1717  performed in connection with the transportation project, each
 1718  change order executed by the governmental body, and each payment
 1719  made pursuant to a change order. The records are subject to
 1720  financial audit as required by law.
 1721         (e) Require that the governmental body, upon completion and
 1722  acceptance of the transportation project, certify to the
 1723  department that the transportation project has been completed in
 1724  compliance with the terms and conditions of the contract between
 1725  the department and the governmental body and meets the minimum
 1726  construction standards established in accordance with s.
 1727  336.045.
 1728         (f) Specify that the department transfer funds to the
 1729  governmental body not more often than quarterly, upon receipt of
 1730  a request for funds from the governmental body and consistent
 1731  with the needs of the transportation project. The governmental
 1732  body shall expend funds received from the department in a timely
 1733  manner. The department may not transfer funds unless
 1734  construction has begun on the facility of a business on whose
 1735  behalf the award was made. A contract totaling less than
 1736  $200,000 is exempt from the transfer requirement.
 1737         (g) Require that funds be used only on a transportation
 1738  project that has been properly reviewed and approved in
 1739  accordance with the criteria set forth in this section.
 1740         (h) Require that the governing board of the governmental
 1741  body adopt a resolution accepting future maintenance and other
 1742  attendant costs occurring after completion of the transportation
 1743  project if the transportation project is constructed on a county
 1744  or municipal system.
 1745         (5) For purposes of this section, Space Florida may serve
 1746  as the governmental body or as the contracting agency for a
 1747  transportation project within spaceport territory as defined by
 1748  s. 331.304.
 1749         (6) Each governmental body receiving funds under this
 1750  section shall submit to the department a financial audit of the
 1751  governmental body conducted by an independent certified public
 1752  accountant. The department, in consultation with the Department
 1753  of Economic Opportunity, shall develop procedures to ensure that
 1754  audits are received and reviewed in a timely manner and that
 1755  deficiencies or questioned costs noted in the audit are
 1756  resolved.
 1757         (7) The department shall monitor the construction or
 1758  building site for each transportation project that receives
 1759  funding under this section, including, but not limited to, the
 1760  construction of the business facility, to ensure compliance with
 1761  contractual requirements.
 1762         Section 33. In order to implement sections 1 and 32 of this
 1763  act, which transfer the responsibility of administering economic
 1764  development transportation projects from the Department of
 1765  Economic Opportunity to the Department of Transportation, with
 1766  minimal disruption of services, the Department of Economic
 1767  Opportunity shall transfer the following to the Department of
 1768  Transportation:
 1769         (1) All powers, duties, functions, records, pending issues,
 1770  existing contracts, administrative authority, administrative
 1771  rules, and unexpended balances of appropriations, allocations,
 1772  or other funds relating to the Economic Development
 1773  Transportation program.
 1774         (2) Any unexpended balances of released appropriations and
 1775  appropriations that remain unreleased, and any funds remaining
 1776  in the Economic Development Trust Fund relating to economic
 1777  development transportation projects.
 1778         (3) Any binding contract or interagency agreement in effect
 1779  between the Department of Economic Opportunity and any other
 1780  agency, entity, or person shall continue as a binding contract
 1781  or agreement for the remainder of the term of such contract or
 1782  agreement on the successor department responsible for the
 1783  program.
 1784         Section 34. Section 339.2825, Florida Statutes, is created
 1785  to read:
 1786         339.2825 Approval of contractor-financed projects.—
 1787         (1) Before the department solicits proposals pursuant to s.
 1788  334.30 to advance a project programmed in the adopted 5-year
 1789  work program or in the 10-year Strategic Intermodal Plan using
 1790  funds provided by a public-private partnership or a private
 1791  entity to be reimbursed from department funds for the project as
 1792  programmed in the adopted work program, the department must
 1793  provide a summary of the proposed project to the Executive
 1794  Office of the Governor, the chair of each legislative
 1795  appropriations committee, the President of the Senate, and the
 1796  Speaker of the House of Representatives. The summary must
 1797  include a description of any anticipated commitment by the
 1798  department for the years outside the adopted work program, a
 1799  description of the anticipated impacts on the department’s
 1800  overall debt load, and sufficient information to demonstrate
 1801  that the project will not cause the department to exceed the
 1802  overall debt limitation provided in s. 339.139. The department
 1803  may proceed with the project upon approval of the Governor. If
 1804  the chair of either legislative appropriations committee, the
 1805  President of the Senate, or the Speaker of the House of
 1806  Representatives objects to the proposed project in writing
 1807  within 14 days after receipt of the summary, the Governor may
 1808  not approve the project.
 1809         (2) If the department receives an unsolicited proposal
 1810  pursuant to s. 334.30 to advance a project programmed in the
 1811  adopted 5-year work program or in the 10-year Strategic
 1812  Intermodal Plan using funds provided by public-private
 1813  partnerships or private entities to be reimbursed from
 1814  department funds for the project as programmed in the adopted
 1815  work program, the department shall provide a summary of the
 1816  proposed project to the Executive Office of the Governor, the
 1817  chair of each legislative appropriations committee, the
 1818  President of the Senate, and the Speaker of the House of
 1819  Representatives before the department advertises receipt of the
 1820  proposal as provided in s. 334.30. The summary must include a
 1821  description of any anticipated commitments by the department for
 1822  the years outside the adopted work program, a description of any
 1823  anticipated impacts on the department’s overall debt load, and
 1824  sufficient information to demonstrate that the project will not
 1825  cause the department to exceed the overall debt limitation
 1826  provided in s. 339.14. The department may not accept the
 1827  unsolicited proposal, advertise receipt of the unsolicited
 1828  proposal, or solicit other proposals for the same project
 1829  purpose without the approval of the Executive Office of the
 1830  Governor. If the chair of either legislative appropriations
 1831  committee, the President of the Senate, or the Speaker of the
 1832  House of Representatives objects to the proposed project in
 1833  writing within 14 days after receipt of the summary, the
 1834  Executive Office of the Governor may not approve the proposed
 1835  project.
 1836         (3) This section does not apply to a public-private
 1837  partnership agreement authorized in s. 334.30(2)(a).
 1838         Section 35. Subsection (5) is added to section 339.63,
 1839  Florida Statutes, to read:
 1840         339.63 System facilities designated; additions and
 1841  deletions.—
 1842         (5)(a) The Secretary of Transportation shall designate a
 1843  planned facility as part of the Strategic Intermodal System upon
 1844  request of the facility if it meets the criteria and thresholds
 1845  established by the department pursuant to subsection (4), meets
 1846  the definition of an intermodal logistics center, and has been
 1847  designated in a local comprehensive plan or local government
 1848  development order as an intermodal logistics center or an
 1849  equivalent planning term. For the purpose of this section, the
 1850  term “intermodal logistics center” means a facility or group of
 1851  facilities, including, but not limited to, an inland port,
 1852  serving as a point of intermodal transfer of freight in a
 1853  specific area physically separated from a seaport whose
 1854  activities relating to transport, logistics, goods distribution,
 1855  consolidation, or value-added activities are carried out and
 1856  whose activities and services are designed to support or be
 1857  supported by one or more seaports, as provided in s. 311.09, or
 1858  an airport whose activities and services are designed to support
 1859  the transport, logistics, goods distribution, consolidation, or
 1860  value added activities related to airborne cargo.
 1861         (b) A facility designated part of the Strategic Intermodal
 1862  System pursuant to paragraph (a) which is within the
 1863  jurisdiction of a local government and which maintains a
 1864  transportation concurrency system shall receive a waiver of
 1865  transportation concurrency requirements applicable to Strategic
 1866  Intermodal System facilities in order to accommodate any
 1867  development at the facility which occurs pursuant to a building
 1868  permit issued on or before December 31, 2017, but only if such
 1869  facility is located:
 1870         1. Within an area designated pursuant to s. 288.0656(7) as
 1871  a rural area of critical economic concern;
 1872         2. Within a rural enterprise zone as defined in s.
 1873  290.004(5); or
 1874         3. Within 15 miles of the boundary of a rural area of
 1875  critical economic concern or a rural enterprise zone.
 1876         Section 36. Section 348.7546, Florida Statutes, is amended
 1877  to read:
 1878         348.7546 Wekiva Parkway, construction authorized;
 1879  financing.—Notwithstanding s. 338.2275,
 1880         (1) The Orlando-Orange County Expressway Authority is
 1881  hereby authorized to exercise its condemnation powers and to,
 1882  construct, finance, operate, own, and maintain those portions of
 1883  the Wekiva Parkway which are identified by agreement between the
 1884  authority and the department and which are included as part of
 1885  the authority’s long-range capital improvement plan. The “Wekiva
 1886  Parkway” means any limited access highway or expressway
 1887  constructed between State Road 429 and Interstate 4 specifically
 1888  incorporating the corridor alignment recommended by
 1889  Recommendation 2 of the Wekiva River Basin Area Task Force final
 1890  report dated January 15, 2003, and the recommendations of the SR
 1891  429 Working Group which that were adopted January 16, 2004. This
 1892  project may be financed with any funds available to the
 1893  authority for such purpose or revenue bonds issued by the
 1894  authority under s. 11, Art. VII of the State Constitution and s.
 1895  348.755(1)(b). This section does not invalidate the exercise by
 1896  the authority of its condemnation powers or the acquisition of
 1897  any property for the Wekiva Parkway before July 1, 2012.
 1898         (2) Notwithstanding any other provision of law to the
 1899  contrary, in order to ensure that funds are available to the
 1900  department for its portion of the Wekiva Parkway, beginning July
 1901  1, 2012, the authority shall repay the expenditures by the
 1902  department for costs of operation and maintenance of the
 1903  Orlando-Orange County Expressway System in accordance with the
 1904  terms of the memorandum of understanding between the authority
 1905  and the department as ratified by the authority board on
 1906  February 22, 2012, which requires the authority to pay the
 1907  department $10 million on July 1, 2012, and $20 million on each
 1908  successive July 1 until the department has been fully reimbursed
 1909  for all costs of the Orlando-Orange County Expressway System
 1910  which were paid, advanced, or reimbursed to the authority by the
 1911  department, with a final payment in the amount of the balance
 1912  remaining. Notwithstanding any other law to the contrary, the
 1913  funds paid to the department pursuant to this subsection shall
 1914  be allocated by the department for construction of the Wekiva
 1915  Parkway.
 1916         (3) The department’s obligation to construct its portions
 1917  of the Wekiva Parkway is contingent upon the timely payment by
 1918  the authority of the annual payments required of the authority,
 1919  and receipt of the required environmental permits and approvals
 1920  by the Federal Government.
 1921         Section 37. Subsection (6) is added to section 348.755,
 1922  Florida Statutes, to read:
 1923         348.755 Bonds of the authority.—
 1924         (6) Notwithstanding any other provision of law to the
 1925  contrary, on and after July 1, 2012, the authority may not issue
 1926  any bonds except as permitted under the terms of the memorandum
 1927  of understanding between the authority and the department as
 1928  ratified by the authority board on February 22, 2012.
 1929         Section 38. Subsections (8) and (9) are added to section
 1930  348.757, Florida Statutes, to read:
 1931         348.757 Lease-purchase agreement.—
 1932         (8) The only lease-purchase agreement authorized by this
 1933  section is the lease-purchase agreement between the department
 1934  and the authority dated December 23, 1985, as supplemented by a
 1935  first supplement to the lease-purchase agreement dated November
 1936  25, 1986, and a second supplement to the lease-purchase
 1937  agreement dated October 27, 1988.
 1938         (9) Upon the earlier of the defeasance, redemption, or
 1939  payment in full of the authority bonds issued before July 1,
 1940  2012, or the earlier date to which the purchasers of the
 1941  authority bonds have consented:
 1942         (a) The obligations of the department under the lease-
 1943  purchase agreement with the authority, including any obligation
 1944  to pay any cost of operation, maintenance, repair, or
 1945  rehabilitation of the expressway system, terminate;
 1946         (b) The lease purchase agreement terminates;
 1947         (c) The expressway system remains the property of the
 1948  authority and may not be transferred to the department; and
 1949         (d) The authority remains obligated to reimburse the
 1950  department in accordance with the terms of the memorandum of
 1951  understanding between the authority and the department as
 1952  ratified by the authority board on February 22, 2012.
 1953         Section 39. Subsections (2) and (5) of section 369.317,
 1954  Florida Statutes, are amended to read:
 1955         369.317 Wekiva Parkway.—
 1956         (2) The Wekiva Parkway and related transportation
 1957  facilities shall follow the design criteria contained in the
 1958  recommendations of the Wekiva River Basin Area Task Force
 1959  adopted by reference by the Wekiva River Basin Coordinating
 1960  Committee in its final report of March 16, 2004, and the
 1961  recommendations of the Wekiva Coordinating Committee contained
 1962  in its final report of March 16, 2004, subject to reasonable
 1963  environmental, economic, and engineering considerations. For
 1964  those activities associated with the Wekiva Parkway and related
 1965  transportation facilities which require authorization pursuant
 1966  to part IV of chapter 373, the Department of Environmental
 1967  Protection is the exclusive permitting authority.
 1968         (5) In Seminole County, the Seminole County Expressway
 1969  Authority, the Department of Transportation, and the Florida
 1970  Turnpike Enterprise shall locate the precise corridor and
 1971  interchanges for the Wekiva Parkway consistent with the
 1972  legislative intent expressed in this act and other provisions of
 1973  this act.
 1974         Section 40. Paragraph (a) of subsection (4) of section
 1975  377.809, Florida Statutes, is amended to read:
 1976         377.809 Energy Economic Zone Pilot Program.—
 1977         (4)(a) Beginning July 1, 2012, all the incentives and
 1978  benefits provided for enterprise zones pursuant to state law
 1979  shall be available to the energy economic zones designated
 1980  pursuant to this section on or before July 1, 2010. In order to
 1981  provide incentives, by March 1, 2012, each local governing body
 1982  that has jurisdiction over an energy economic zone must, by
 1983  local ordinance, establish the boundary of the energy economic
 1984  zone, specify applicable energy-efficiency standards, and
 1985  determine eligibility criteria for the application of state and
 1986  local incentives and benefits in the energy economic zone.
 1987  However, in order to receive benefits provided under s. 288.106,
 1988  a business must be a qualified target industry business under s.
 1989  288.106 for state purposes. An energy economic zone’s boundary
 1990  may be revised by local ordinance. Such incentives and benefits
 1991  include those in ss. 212.08, 212.096, 220.181, 220.182, 220.183,
 1992  288.106, and 624.5105 and the public utility discounts provided
 1993  in s. 290.007(8). The exemption provided in s. 212.08(5)(c)
 1994  shall be for renewable energy as defined in s. 377.803. For
 1995  purposes of this section, any applicable requirements for
 1996  employee residency for higher refund or credit thresholds must
 1997  be based on employee residency in the energy economic zone or an
 1998  enterprise zone. A business in an energy economic zone may also
 1999  be eligible for funding under ss. 288.047 and 445.003, and a
 2000  transportation project in an energy economic zone shall be
 2001  provided priority in funding under s. 339.2821 288.063. Other
 2002  projects shall be given priority ranking to the extent
 2003  practicable for grants administered under state energy programs.
 2004         Section 41. The funds in the Toll Facilities Revolving
 2005  Trust Fund and all future payments of obligated funds shall be
 2006  deposited into the State Transportation Trust Fund to be
 2007  expended for the purposes specified in s. 339.08, Florida
 2008  Statutes.
 2009         Section 42. Notwithstanding s. 120.569, s. 120.57, or s.
 2010  373.427, Florida Statutes, or any other provision of law to the
 2011  contrary, a challenge to a consolidated environmental resource
 2012  permit or an associated variance or a sovereign submerged lands
 2013  authorization proposed or issued by the Department of
 2014  Environmental Protection in connection with the state’s
 2015  deepwater ports, as listed in s. 403.021(9), Florida Statutes,
 2016  shall be conducted pursuant to the summary hearing provisions of
 2017  s. 120.574, Florida Statutes. However, the summary proceeding
 2018  shall be conducted within 30 days after a party files a motion
 2019  for a summary hearing, regardless of whether the parties agree
 2020  to the summary proceeding, and the administrative law judge’s
 2021  decision shall be in the form of a recommended order and does
 2022  not constitute final agency action of the department. The
 2023  Department of Environmental Protection shall issue the final
 2024  order within 45 working days after receipt of the administrative
 2025  law judge’s recommended order. The summary hearing provisions of
 2026  this section apply to pending administrative proceedings,
 2027  however, s. 120.574(1)(b) and (d) and (2)(a)3. and 5., Florida
 2028  Statutes, do not apply to pending administrative proceedings.
 2029  This section shall take effect upon this act becoming a law.
 2030         Section 43. Except as otherwise expressly provided in this
 2031  act and except for this section, which shall take effect upon
 2032  this act becoming a law, this act shall take effect July 1,
 2033  2012.