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


H

Senator Hargrett moved the following amendment:



                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    

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10                                                                

11  Senator Hargrett moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 316.0815, Florida Statutes, is

18  created to read:

19         316.0815  Duty to yield to public transit vehicles.--

20         (1)  The driver of a vehicle shall yield the right of

21  way to a publicly owned transit bus traveling in the same

22  direction which has signaled and is reentering the traffic

23  flow.

24         (2)  This section does not relieve the driver of a

25  public transit vehicle from the duty to drive with due regard

26  for the safety of all persons using the roadway.

27         Section 2.  Subsection (2) of section 318.15, Florida

28  Statutes, is amended to read:

29         318.15  Failure to comply with civil penalty or to

30  appear; penalty.--

31         (2)  After suspension of the driver's license and

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  privilege to drive of a person under subsection (1), the

 2  license and privilege may not be reinstated until the person

 3  complies with all obligations and penalties imposed on him or

 4  her under s. 318.18 and presents to a driver license office a

 5  certificate of compliance issued by the court, together with

 6  the $25 nonrefundable service fee imposed under s. 322.29, or

 7  pays the aforementioned $25 service fee to the clerk of the

 8  court or a tax collector clearing such suspension.  Such

 9  person shall also be in compliance with requirements of

10  chapter 322 prior to reinstatement.

11         Section 3.  Paragraph (c) of subsection (3) of section

12  318.18, Florida Statutes, is amended to read:

13         318.18  Amount of civil penalties.--The penalties

14  required for a noncriminal disposition pursuant to s. 318.14

15  are as follows:

16         (3)

17         (c)  A person cited for exceeding the speed limit in a

18  legally posted school zone or a posted construction zone will

19  be assessed a fine double the amount listed in paragraph (b).

20  The fine shall be doubled for construction zone violations

21  only if construction personnel are present or operating

22  equipment on the road or immediately adjacent to the road

23  under construction.

24         Section 4.  Subsection (1) of section 334.0445, Florida

25  Statutes, is amended to read:

26         334.0445  Model career service classification and

27  compensation plan.--

28         (1)  Effective July 1, 1994, the Legislature grants to

29  the Department of Transportation in consultation with the

30  Department of Management Services, the Executive Office of the

31  Governor, legislative appropriations committees, legislative

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  personnel committees, and the affected certified bargaining

 2  unions, the authority on a pilot basis to develop and

 3  implement a model career service classification and

 4  compensation system. Such system shall be developed for use by

 5  all state agencies. Authorization for this program will end

 6  June 30, 2000 be for 3 fiscal years beginning July 1, 1994,

 7  and ending June 30, 1997; however, the department may elect or

 8  be directed by the Legislature to return to the current system

 9  at anytime during this period if the model system does not

10  meet the stated goals and objectives.

11         Section 5.  Subsection (1) of section 335.0415, Florida

12  Statutes, is amended to read:

13         335.0415  Public road jurisdiction and transfer

14  process.--

15         (1)  The jurisdiction of public roads and the

16  responsibility for operation and maintenance within the

17  right-of-way of any road within the state, county, and

18  municipal road system shall be that which exists immediately

19  preceding the adoption of chapter 95-257 on July 1, 1995.

20         Section 6.  Subsection (16) of section 337.11, Florida

21  Statutes, is amended to read:

22         337.11  Contracting authority of department; bids;

23  emergency repairs, supplemental agreements, and change orders;

24  combined design and construction contracts; progress payments;

25  records; requirements of vehicle registration.--

26         (16)  The department is authorized to undertake and

27  contract to provide an owner controlled insurance plan (OCIP)

28  on any construction project or group of related construction

29  projects if the head of the department determines that an OCIP

30  will be both cost-effective for the department and otherwise

31  in its best interests.  Such OCIP may provide insurance

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  coverage for the department and for worker's compensation and

 2  employers liability and general liability and builders risk

 3  for contractors, consultants as described in s. 287.055, and

 4  subcontractors, for and in conjunction with any or all work

 5  performed on such projects.  The department may directly

 6  purchase such coverage in the manner provided for the purchase

 7  of commodities pursuant to s. 287.057, or self-insure, or use

 8  a combination thereof, any other statutory provisions or

 9  limitations on self-insurance or purchase of insurance

10  notwithstanding.  The department's authority hereunder

11  includes the purchase of risk management, risk and loss

12  control, safety management, investigative and claims

13  adjustment services, advancement of funds for payment of

14  claims, and other services reasonably necessary to process and

15  pay claims under and administer the OCIP.  In addition to any

16  prequalification required under s. 337.14, no contractor shall

17  be prequalified to bid on an OCIP project unless the

18  contractor's casualty and loss experience and safety record

19  meets the minimum requirements for OCIP coverage issuance on

20  the project, were the contractor to be awarded the project.

21  Exercise of the department's authority under this subsection

22  shall not be deemed a waiver of sovereign immunity.

23         Section 7.  Subsections (1), (2), (3), (7), and (8) of

24  section 337.185, Florida Statutes, are amended to read:

25         337.185  State Arbitration Board.--

26         (1)  To facilitate the prompt settlement of claims for

27  additional compensation arising out of construction contracts

28  between the department and the various contractors with whom

29  it transacts business, the Legislature does hereby establish

30  the State Arbitration Board, referred to in this section as

31  the "board." For the purpose of this section, "claim" shall

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  mean the aggregate of all outstanding claims by a party

 2  arising out of a construction contract.  Every contractual

 3  claim in an amount up to $250,000 $100,000 per contract or, at

 4  the claimant's option, up to $500,000 $250,000 per contract

 5  that cannot be resolved by negotiation between the department

 6  and the contractor shall be arbitrated by the board after

 7  acceptance of the project by the department.  As an exception,

 8  either party to the dispute may request that the claim be

 9  submitted to binding private arbitration.  A court of law may

10  not consider the settlement of such a claim until the process

11  established by this section has been exhausted.

12         (2)  The board shall be composed of three members.  One

13  member shall be appointed by the head of the department, and

14  one member shall be elected by those construction companies

15  who are under contract with the department.  The third member

16  shall be chosen by agreement of the other two members.

17  Whenever the third member has a conflict of interest regarding

18  affiliation with one of the parties, the other two members

19  shall select an alternate member for that hearing. The head of

20  the department may select an alternate or substitute to serve

21  as the department member for any hearing or term. Each member

22  shall serve a 2-year term. The board shall elect a chair, each

23  term, who shall be the administrator of the board and

24  custodian of its records.

25         (3)  A hearing may be requested by the department or by

26  a contractor who has a dispute with the department which,

27  under the rules of the board, may be the subject of

28  arbitration.  The board shall conduct the hearing within 45

29  days of the request.  The party requesting the board's

30  consideration shall give notice of the hearing to each member.

31  If the board finds that a third party is necessary to resolve

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  the dispute, the board may vote to dismiss the claim, which

 2  may thereafter be pursued in accordance with the laws of this

 3  state in a court of law.

 4         (7)  The members member of the board elected by

 5  construction companies and the third member of the board may

 6  receive compensation for the performance of their duties

 7  hereunder, from administrative fees received by the board. No

 8  department employee may receive compensation from the board.

 9  The compensation amount shall be determined by the board, but

10  shall not exceed $125 per hour, up to $1,000 per day maximum

11  $750 per day for each member authorized to receive

12  compensation.  Nothing in this section shall prevent the

13  member elected by construction companies from being an

14  employee of an association affiliated with the industry, even

15  if the sole responsibility of that member is service on the

16  board. Travel expenses for the industry member may be paid by

17  an industry association, if necessary. The board may allocate

18  funds annually for clerical and other administrative services.

19         (8)  The party requesting arbitration shall pay a fee

20  to the board in accordance with a schedule established by it,

21  not to exceed $500 per claim which is $25,000 or less, not to

22  exceed $1,000 per claim which is in excess of $25,000 but not

23  exceeding $50,000, not to exceed $1,500 per claim which is in

24  excess of $50,000 but not exceeding $100,000, not to exceed

25  $2,000 per claim which is in excess of $100,000 but not

26  exceeding $200,000, and not to exceed $3,000 $2,500 per claim

27  which is in excess of $200,000 but not exceeding $300,000, not

28  to exceed $4,000 per claim which is in excess of $300,000 but

29  not exceeding $400,000, and not exceeding $5,000 per claim

30  which is in excess of $400,000 but not exceeding $500,000

31  $250,000, to cover the cost of administration and compensation

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  of the board.

 2         Section 8.  Subsection (1) of section 337.19, Florida

 3  Statutes, is amended to read:

 4         337.19  Suits by and against department; limitation of

 5  actions; forum.--

 6         (1)  Suits at law and in equity may be brought and

 7  maintained by and against the department on any contract claim

 8  under contract for work done arising from the breach of an

 9  express provision or an implied covenant of a written

10  agreement or a written directive issued by the department

11  pursuant to the written agreement. In any such suit, the

12  department and the contractor shall have all of the same

13  rights, obligations, remedies, and defenses as a private

14  person under a like contract, except that no liability may be

15  based on an oral modification of the written contract or

16  written directive. However, this section shall not be

17  construed to in any way prohibit the department from limiting

18  its liability or damages through provisions in its contracts.

19  Notwithstanding anything to the contrary contained herein, no

20  employee or agent of the department may be held personally

21  liable to an extent greater than that under s. 768.28;

22  provided, that no suit sounding in tort shall be maintained

23  against the department.

24         Section 9.  Subsection (4) is added to section 337.29,

25  Florida Statutes, to read:

26         337.29  Vesting of title to roads; liability for

27  torts.--

28         (4)  Notwithstanding any other provision of law, the

29  department and other governmental entities may enter into

30  contracts between two or more governmental entities which

31  specifically require each government to take responsibility

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  for the negligence of its employees and agents. The contract

 2  must provide that each governmental entity will indemnify and

 3  hold the other governmental entities that are parties to the

 4  contract harmless from any damage, loss, or injury arising out

 5  of the negligence of that governmental entity or its agents or

 6  employees.  However, nothing in this subsection may be

 7  construed to authorize a waiver of sovereign immunity beyond

 8  the waiver under s. 768.28.

 9         Section 10.  Subsection (1) of section 337.403, Florida

10  Statutes, is amended to read:

11         337.403  Relocation of utility; expenses.--

12         (1)  Any utility heretofore or hereafter placed upon,

13  under, over, or along any public road or publicly owned rail

14  corridor that is found by the authority to be unreasonably

15  interfering in any way with the convenient, safe, or

16  continuous use, or the maintenance, improvement, extension, or

17  expansion, of such public road or publicly owned rail corridor

18  shall, upon 30 days' written notice to the utility or its

19  agent by the authority, be removed or relocated by such

20  utility at its own expense except as provided in paragraphs

21  (a), and (b), and (c).

22         (a)  If the relocation of utility facilities, as

23  referred to in s. 111 of the Federal-Aid Highway Act of 1956,

24  Pub. L. No. 627 of the 84th Congress, is necessitated by the

25  construction of a project on the federal-aid interstate

26  system, including extensions thereof within urban areas, and

27  the cost of such project is eligible and approved for

28  reimbursement by the Federal Government to the extent of 90

29  percent or more under the Federal Aid Highway Act, or any

30  amendment thereof, then in that event the utility owning or

31  operating such facilities shall relocate such facilities upon

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  order of the department, and the state shall pay the entire

 2  expense properly attributable to such relocation after

 3  deducting therefrom any increase in the value of the new

 4  facility and any salvage value derived from the old facility.

 5         (b)  When a joint agreement between the department and

 6  the utility is executed for utility improvement, relocation,

 7  or removal work to be accomplished as part of a contract for

 8  construction of a transportation facility, the department may

 9  participate in those utility improvement, relocation, or

10  removal costs that exceed the department's official estimate

11  of the cost of such work by more than 10 percent. The amount

12  of such participation shall be limited to the difference

13  between the official estimate of all the work in the joint

14  agreement plus 10 percent and the amount awarded for this work

15  in the construction contract for such work. The department may

16  not participate in any utility improvement, relocation, or

17  removal costs that occur as a result of changes or additions

18  during the course of the contract.

19         (c)  When an agreement between the department and the

20  utility is executed for utility improvement, relocation, or

21  removal work to be accomplished in advance of a contract for

22  construction of a transportation facility, the department may

23  participate in the cost of clearing and grubbing necessary to

24  perform such work.

25         Section 11.  Paragraph (b) of subsection (2) of section

26  338.223, Florida Statutes, is amended to read:

27         338.223  Proposed turnpike projects.--

28         (2)

29         (b)  In accordance with the legislative intent

30  expressed in s. 337.273, and after the requirements of

31  paragraph (1)(c) have been met, the department may acquire

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  lands and property before making a final determination of the

 2  economic feasibility of a project. The requirements of

 3  paragraph (1)(c) do not apply to hardship and protective

 4  purchases of advance right-of-way by the department. The cost

 5  of advance acquisition of right-of-way may be paid from bonds

 6  issued under s. 337.276 or from turnpike revenues. For

 7  purposes of this subsection, the term "hardship purchase"

 8  means a purchase from a property owner of a residential

 9  dwelling of not more than four units who is at a disadvantage

10  due to health impairment, job loss, or significant loss of

11  rental income. For purposes of this subsection, the term

12  "protective purchase" means a purchase to limit development,

13  building, or other intensification of land uses within the

14  area right-of-way needed for transportation facilities. The

15  department shall give written notice to the Department of

16  Environmental Protection 30 days prior to final agency

17  acceptance as set forth under s. 119.03(7)(n), which notice

18  shall allow the Department of Environmental Protection to

19  comment. Hardship and protective purchases of right-of-way

20  shall not influence the environmental feasibility of the

21  project, including the decision relative to the need to

22  construct the project or the selection of a specific location.

23  Costs to acquire and dispose of property acquired as hardship

24  and protective purchases are considered costs of doing

25  business for the department and shall not be considered in the

26  determination of environmental feasibility for the project.

27         Section 12.  Section 338.229, Florida Statutes, is

28  amended to read:

29         338.229  Pledge to bondholders not to restrict certain

30  rights of department.--The state does pledge to, and agree

31  with, the holders of the bonds issued pursuant to ss.

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  338.22-338.244 that the state will not limit or restrict the

 2  rights vested in the department to construct, reconstruct,

 3  maintain, and operate any turnpike project as defined in ss.

 4  338.22-338.244 or to establish and collect such tolls or other

 5  charges as may be convenient or necessary to produce

 6  sufficient revenues to meet the expenses of maintenance and

 7  operation of the turnpike system and to fulfill the terms of

 8  any agreements made with the holders of bonds authorized by

 9  this act and that the state will not in any way impair the

10  rights or remedies of the holders of such bonds until the

11  bonds, together with interest on the bonds, are fully paid and

12  discharged. In implementing this section, the department is

13  specifically authorized to provide for further restrictions on

14  the sale, transfer, lease, and other disposition or operation

15  of any portion of the turnpike system which reduces the

16  revenue available for payment of bondholders.

17         Section 13.  Subsections (3) and (23) of section

18  479.01, Florida Statutes, are amended to read:

19         479.01  Definitions.--As used in this chapter, the

20  term:

21         (3)  "Commercial or industrial zone" means a parcel of

22  land an area within 660 feet of the nearest edge of the

23  right-of-way of the interstate or federal-aid primary system

24  designated predominately for commercial or industrial use

25  under both the future land use map of the comprehensive plan

26  and the land development regulations adopted under pursuant to

27  chapter 163. If a parcel is located in an area designated for

28  multiple uses on the future land-use map of a comprehensive

29  plan and the land development regulations do not clearly

30  designate that parcel for a specific use, the area will be

31  considered an unzoned commercial or industrial area if it

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  meets the criteria of subsection (23). Where a local

 2  governmental entity has not enacted a comprehensive plan by

 3  local ordinance but has zoning regulations governing the area,

 4  the zoning of an area shall determine whether the area is

 5  designated predominately for commercial or industrial uses.

 6         (23)  "Unzoned commercial or industrial area" means a

 7  parcel of land designated by the an area within 660 feet of

 8  the nearest edge of the right-of-way of the interstate or

 9  federal-aid primary system where the land use is not covered

10  by a future land use map of the comprehensive plan for

11  multiple uses that include commercial or industrial uses but

12  are not specifically designated for commercial or industrial

13  uses under the land development regulations and or zoning

14  regulation pursuant to subsection (2), in which there are

15  located three or more separate and distinct conforming

16  industrial or commercial activities are located.

17         (a)  These activities must satisfy the following

18  criteria:

19         1.  At least one of the commercial or industrial

20  activities must be located on the same side of the highway and

21  within 800 feet of the sign location;

22         2.  The commercial or industrial activities must be

23  within 660 feet from the nearest edge of the right of way; and

24         3.  The commercial or industrial activities must be

25  within 1,600 feet of each other.

26

27  Distances specified in this paragraph must be measured from

28  the nearest outer edge of the primary building, or primary

29  building complex when the individual units of the complex are

30  connected by covered walkways. uses located within a

31  1,600-foot radius of each other and generally recognized as

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  commercial or industrial by zoning authorities in this state.

 2         (b)  Certain activities, including, but not limited to,

 3  the following, may not be so recognized as commercial or

 4  industrial activities:

 5         1.(a)  Signs.

 6         2.  Communication towers.

 7         3.(b)  Agricultural, forestry, ranching, grazing,

 8  farming, and related activities, including, but not limited

 9  to, wayside fresh produce stands.

10         4.(c)  Transient or temporary activities.

11         5.(d)  Activities not visible from the main-traveled

12  way.

13         6.(e)  Activities conducted more than 660 feet from the

14  nearest edge of the right-of-way.

15         7.(f)  Activities conducted in a building principally

16  used as a residence.

17         8.(g)  Railroad tracks and minor sidings.

18         Section 14.  Paragraph (b) of subsection (8) of section

19  479.07, Florida Statutes, is amended to read:

20         479.07  Sign permits.--

21         (8)

22         (b)  If a permittee has not submitted his or her fee

23  payment by the expiration date of the licenses or permits, the

24  department shall send a notice of violation to the permittee

25  within 45 days after the expiration date, requiring the

26  payment of the permit fee within 30 days after the date of the

27  notice and payment of a delinquency fee equal to 10 percent of

28  the original amount due or, in the alternative to these

29  payments, requiring the filing of a request for an

30  administrative hearing to show cause why his or her sign

31  should not be subject to immediate removal due to expiration

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  of his or her license or permit.  If the permittee submits

 2  payment as required by the violation notice, his or her

 3  license or permit will be automatically reinstated and such

 4  reinstatement will be retroactive to the original expiration

 5  date. If the permittee does not respond to the notice of

 6  violation within the 30-day period, the department shall,

 7  within 30 days, issue a final notice of sign removal and may,

 8  following 90 days after the date of the department's final

 9  notice of sign removal, remove the sign without incurring any

10  liability as a result of such removal. However, if at any time

11  prior to removal of the sign if within 90 days after the date

12  of the department's final notice of sign removal, the

13  permittee demonstrates that a good faith error on the part of

14  the permittee resulted in cancellation or nonrenewal of the

15  permit, the department may reinstate the permit if:

16         1.  The sign has not yet been disassembled by the

17  permittee;

18         2.  Conflicting applications have not been filed by

19  other persons;

20         1.3.  A The permit reinstatement fee of up to $300,

21  based on the size of the sign, is paid;

22         2.4.  All other permit renewal and delinquent permit

23  fees due as of the reinstatement date are paid; and

24         3.5.  The permittee reimburses the department for all

25  actual costs resulting from the permit cancellation or

26  nonrenewal and sign removal.

27

28  Conflicting applications filed by other persons for the same

29  or competing site covered by a permit subject to the

30  provisions of this paragraph shall not be approved until after

31  the sign subject to the expired permit has been removed.

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         Section 15.  Subsection (15) of section 479.16, Florida

 2  Statutes, is amended to read:

 3         479.16  Signs for which permits are not required.--The

 4  following signs are exempt from the requirement that a permit

 5  for a sign be obtained under the provisions of this chapter

 6  but are required to comply with the provisions of s.

 7  479.11(4)-(8):

 8         (15)  Signs not in excess of 16 square feet placed at a

 9  road junction with the State Highway System denoting only the

10  distance or direction of a residence or farm operation, or, in

11  a rural area where a hardship is created because a small

12  business is not visible from the road junction with the State

13  Highway System, one sign not in excess of 16 8 square feet,

14  denoting only the name of the business and the distance and

15  direction to the business. The small-business-sign provision

16  of this subsection does not apply to charter counties and may

17  not be implemented if the Federal Government notifies the

18  department that implementation will adversely affect the

19  allocation of federal funds to the department.

20         Section 16.  Subsection (1) of section 832.06, Florida

21  Statutes, is amended to read:

22         832.06  Prosecution for worthless checks given tax

23  collector for licenses or taxes; refunds.--

24         (1)  Whenever any person, firm, or corporation violates

25  the provisions of s. 832.05 by drawing, making, uttering,

26  issuing, or delivering to any county tax collector any check,

27  draft, or other written order on any bank or depository for

28  the payment of money or its equivalent for any tag, title,

29  lien, tax (except ad valorem taxes), penalty, or fee relative

30  to a boat, airplane, or motor vehicle; any occupational

31  license, beverage license, or sales or use tax; or any hunting

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  or fishing license; or any driver's license or identification

 2  card, the county tax collector, after the exercise of due

 3  diligence to locate the person, firm, or corporation which

 4  drew, made, uttered, issued, or delivered the check, draft, or

 5  other written order for the payment of money, or to collect

 6  the same by the exercise of due diligence and prudence, shall

 7  swear out a complaint in the proper court against the person,

 8  firm, or corporation for the issuance of the worthless check

 9  or draft. If the state attorney cannot sign the information

10  due to lack of proof, as determined by the state attorney in

11  good faith, for a prima facie case in court, he or she shall

12  issue a certificate so stating to the tax collector. If

13  payment of the dishonored check, draft, or other written

14  order, together with court costs expended, is not received in

15  full by the county tax collector within 30 days after service

16  of the warrant, 30 days after conviction, or 60 days after the

17  collector swears out the complaint or receives the certificate

18  of the state attorney, whichever is first, the county tax

19  collector shall make a written report to this effect to the

20  Department of Highway Safety and Motor Vehicles relative to

21  airplanes and motor vehicles, to the Department of

22  Environmental Protection relative to boats, to the Department

23  of Revenue relative to occupational licenses and the sales and

24  use tax, to the Division of Alcoholic Beverages and Tobacco of

25  the Department of Business and Professional Regulation

26  relative to beverage licenses, or to the Game and Fresh Water

27  Fish Commission relative to hunting and fishing licenses,

28  containing a statement of the amount remaining unpaid on the

29  worthless check or draft. If the information is not signed,

30  the certificate of the state attorney is issued, and the

31  written report of the amount remaining unpaid is made, the

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  county tax collector may request the sum be forthwith refunded

 2  by the appropriate governmental entity, agency, or department.

 3  If a warrant has been issued and served, he or she shall

 4  certify to that effect, together with the court costs and

 5  amount remaining unpaid on the check. The county tax collector

 6  may request that the sum of money certified by him or her be

 7  forthwith refunded by the Department of Highway Safety and

 8  Motor Vehicles, the Department of Environmental Protection,

 9  the Department of Revenue, the Division of Alcoholic Beverages

10  and Tobacco of the Department of Business and Professional

11  Regulation, or the Game and Fresh Water Fish Commission to the

12  county tax collector. Within 30 days after receipt of the

13  request, the Department of Highway Safety and Motor Vehicles,

14  the Department of Environmental Protection, the Department of

15  Revenue, the Division of Alcoholic Beverages and Tobacco of

16  the Department of Business and Professional Regulation, or the

17  Game and Fresh Water Fish Commission, upon being satisfied as

18  to the correctness of the certificate of the tax collector, or

19  the report, shall refund to the county tax collector the sums

20  of money so certified or reported. If any officer of any court

21  issuing the warrant is unable to serve it within 60 days after

22  the issuance and delivery of it to the officer for service,

23  the officer shall make a written return to the county tax

24  collector to this effect. Thereafter, the county tax collector

25  may certify that the warrant has been issued and that service

26  has not been had upon the defendant and further certify the

27  amount of the worthless check or draft and the amount of court

28  costs expended by the county tax collector, and the county tax

29  collector may file the certificate with the Department of

30  Highway Safety and Motor Vehicles relative to motor vehicles

31  and airplanes, with the Department of Environmental Protection

                                  17
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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  relative to boats, with the Department of Revenue relative to

 2  occupational licenses and the sales and use tax, with the

 3  Division of Alcoholic Beverages and Tobacco of the Department

 4  of Business and Professional Regulation relative to beverage

 5  licenses, or with the Game and Fresh Water Fish Commission

 6  relative to hunting and fishing licenses, together with a

 7  request that the sums of money so certified be forthwith

 8  refunded by the Department of Highway Safety and Motor

 9  Vehicles, the Department of Environmental Protection, the

10  Department of Revenue, the Division of Alcoholic Beverages and

11  Tobacco of the Department of Business and Professional

12  Regulation, or the Game and Fresh Water Fish Commission to the

13  county tax collector, and within 30 days after receipt of the

14  request, the Department of Highway Safety and Motor Vehicles,

15  the Department of Environmental Protection, the Department of

16  Revenue, the Division of Alcoholic Beverages and Tobacco of

17  the Department of Business and Professional Regulation, or the

18  Game and Fresh Water Fish Commission, upon being satisfied as

19  to the correctness of the certificate, shall refund the sums

20  of money so certified to the county tax collector.

21         Section 17.  Subsection (82) is added to section

22  316.003, Florida Statutes, to read:

23         316.003  Definitions.--The following words and phrases,

24  when used in this chapter, shall have the meanings

25  respectively ascribed to them in this section, except where

26  the context otherwise requires:

27         (82)  "Neighborhood vehicle" means a type of golf cart

28  that is a self-propelled, electrically powered motor vehicle,

29  which is emission free, designed to be and is operated at

30  speeds of 25 miles per hour or less, has at least four wheels

31  in contact with the ground, has an unloaded weight of less

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  than 1,800 pounds, and is equipped with efficient brakes,

 2  headlights, brakelights, turnsignals, windshield, rear view

 3  mirrors, and safety belts.

 4         Section 18.  Subsection (5) is added to section

 5  316.091, Florida Statutes, to read:

 6         316.091  Limited access facilities; interstate

 7  highways; use restricted.--

 8         (5)  A person may drive a commercial motor vehicle

 9  having a gross vehicle weight of 26,001 pounds or more or 3

10  axles or more, or a combination of vehicles weighing 26,001

11  pounds or more, upon any limited access facility with six or

12  more lanes only in the two right through lanes, except when

13  exiting the facility. However, in congested urban areas the

14  Department of Transportation may allow commercial motor

15  vehicles to operate in additional lanes when necessary for the

16  safe flow of traffic.

17         Section 19.  Subsection (6) of section 316.1967,

18  Florida Statutes, is amended to read:

19         (6)  Any county or municipality may provide by

20  ordinance that the clerk of the court or traffic bureau shall

21  supply the department with a magnetically encoded computer

22  tape reel or cartridge or send by other electronic means data

23  which is machine readable by the installed computer system at

24  the department, listing persons who have two three or more

25  outstanding parking violations, including violations of s.

26  316.1955.  Each county shall provide by ordinance that the

27  clerk of the court or the traffic violations bureau shall

28  supply the department with a magnetically encoded computer

29  tape reel or cartridge or send by other electronic means data

30  that is machine readable by the installed computer system at

31  the department, listing persons who have outstanding

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  violations of s. 316.1955 or similar ordinance that regulates

 2  parking in spaces designated for use by persons who have

 3  disabilities.  The department shall mark the appropriate

 4  registration record of persons who are so reported.  Section

 5  320.03(8) applies to each person whose name appears on the

 6  list.

 7         Section 20.  Subsection (42) is added to section

 8  320.01, Florida Statutes, to read:

 9         320.01  Definitions, general.--As used in the Florida

10  Statutes, except as otherwise provided, the term:

11         For purposes of this chapter, "agricultural products"

12  means any food product; any agricultural, horticultural, or

13  livestock product; any raw material used in plant food

14  formulation; or any plant food used to produce food and fiber.

15         Section 21.  Paragraph (a) of subsection (1) of section

16  320.04, Florida Statutes, is amended to read:

17         320.04  Registration service charge.--

18         (1)(a)  There shall be a service charge of $2.50 for

19  each application which is handled in connection with original

20  issuance, duplicate issuance, or transfer of any license

21  plate, mobile home sticker, or validation sticker or with

22  transfer or duplicate issuance of any registration

23  certificate.  There may also be a service charge of up to $1

24  for the issuance of each license plate validation sticker and

25  mobile home sticker issued from an automated vending facility

26  or printer dispenser machine which shall be payable to and

27  retained by the department to provide for automated vending

28  facilities or printer dispenser machines used to dispense such

29  stickers by in each tax collector's or license tag agent's

30  employee office.

31         Section 22.    Subsections (2) and (7) of section

                                  20
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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  320.055, Florida Statutes, are amended to read:

 2         320.055  Registration periods; renewal periods.--The

 3  following registration periods and renewal periods are

 4  established:

 5         (2)  For a vehicle subject to registration under s.

 6  320.08(11), the registration period begins January 1 and ends

 7  December 31.  For a vehicle subject to this registration

 8  period, the renewal period is the 31-day period prior to

 9  expiration beginning January 1..

10         (7)  For those vehicles subject to registration under

11  s. 320.0657, the department shall implement a system that

12  distributes the registration renewal process throughout the

13  year For a vehicle subject to registration under s. 320.065,

14  the registration period begins December 1 and ends November

15  30.  For a vehicle subject to this registration period, the

16  renewal period is the 31-day period beginning December 1.

17         Section 23.  Section 320.065, Florida Statutes, is

18  repealed.

19         Section 24.  Section 320.0657, Florida Statutes, is

20  amended to read:

21         320.0657  Permanent registration; fleet license

22  plates.--

23         (1)  For purposes of this section, the term "fleet"

24  means nonapportioned motor vehicles owned or leased by a

25  company and used for business purposes.  Vehicle numbers

26  comprising a "fleet" shall be established by the Department of

27  Highway Safety and Motor Vehicles.  Vehicles registered as

28  short-term rental vehicles are excluded from the provisions of

29  this section.

30         (2)(a)  The owner or lessee of a fleet of motor

31  vehicles shall, upon application in the manner and at the time

                                  21
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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  prescribed and upon approval by the department and payment of

 2  the license tax prescribed under s. 320.08(2), (3), (4),

 3  (5)(a) and (b), (6)(a), (7), and (8), be issued permanent

 4  fleet license plates.  All vehicles with a fleet license plate

 5  shall have the company's name or logo and unit number

 6  displayed so that they are readily identifiable.  The

 7  provisions of s. 320.0605 do not apply to vehicles registered

 8  in accordance with this section, and no annual validation

 9  sticker is required.

10         (a)  The owner or lessee of 250 or more nonapportioned

11  commercial motor vehicles licensed under s. 320.08(2), (3),

12  (4), (5)(a)1. and (b), and (7), who has posted a bond as

13  prescribed by department rules, may apply via magnetically

14  encoded computer tape reel or cartridge which is machine

15  readable by the installed computer system at the department

16  for permanent license plates. All vehicles with a fleet

17  license plate shall have the company's name or logo and unit

18  number displayed so that they are readily identifiable. The

19  provisions of s. 320.0605 shall not apply to vehicles

20  registered in accordance with this section, and no annual

21  validation sticker is required.

22         (b)  The plates, which shall be of a distinctive color,

23  shall have the word "Fleet" appearing at the bottom and the

24  word "Florida" appearing at the top. The plates shall conform

25  in all respects to the provisions of this chapter, except as

26  specified herein.

27         (c)  In addition to the license tax prescribed by s.

28  320.08(2), (3), (4), (5)(a) and (b), (6)(a), (7), and (8), an

29  annual fleet management fee of $2 shall be charged.  A

30  one-time license plate manufacturing fee of $1.50 shall be

31  charged for plates issued for the established number of

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  vehicles in the fleet.  If the size of the fleet is increased,

 2  a $10-per-vehicle issuance fee will be charged to include the

 3  license plate manufacturing fee.  If the license plate

 4  manufacturing cost increases, the department shall increase

 5  the license-plate manufacturing fee to recoup its cost.  Fees

 6  collected shall be deposited into the Highway Safety Operating

 7  Trust Fund.  Payment of registration license tax and fees

 8  shall be made annually and be evidenced only by the issuance

 9  of a single receipt by the department.  The provisions of s.

10  320.0605 do not apply to vehicles registered in accordance

11  with this section, and no annual validation sticker is

12  required.

13         (c)  In addition to the license tax prescribed by s.

14  320.08(2), (3), (4), (5)(a)1. and (b), and (7), an annual fee

15  of $6 shall be charged for each vehicle registered hereunder.

16  Of this $6 fee, $2.50 shall be retained as a service charge by

17  the tax collector, if the registration occurs at such office,

18  or by the department, if the registration occurs at offices of

19  the department. Receipts from the $6 fee not retained by tax

20  collectors shall be deposited into the Highway Safety

21  Operating Trust Fund. Payment of registration license tax and

22  fees shall be made annually and be evidenced only by the

23  issuance of a single receipt by the department. Half-year

24  registrations shall not be available for vehicles registered

25  in accordance with the provisions of this section. The

26  provision of s. 320.06(1)(b) shall not apply to the fleet

27  renewal process.

28         (2)  All recipients of permanent license plates

29  authorized by this section shall submit an annual audit as

30  prescribed by rule of the department. Such audit shall include

31  a percentage of the vehicles registered by each owner or

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  lessee, not to exceed 10 percent. The department shall

 2  randomly select the vehicles to be audited and shall forward a

 3  listing of said vehicles only to the office of the auditor

 4  performing the audit. Every attempt shall be made to provide

 5  for groupings of vehicles based in the same location; however,

 6  the location shall change from year to year. The audit shall

 7  be prepared by a certified public accountant licensed under

 8  chapter 473, at the recipient's expense, and shall be

 9  performed to standards prescribed by the department. Such

10  audits shall be delivered to the department on or before

11  February 15 of each calendar year. Any fees or taxes which the

12  audit determines are due the department shall be submitted to

13  the department along with such audit. In addition, any company

14  found to be habitually abusing the privileges afforded by

15  permanent licensure shall forfeit the bond required in

16  subsection (1), and may be required by the department to

17  relinquish all permanent license plates, and not be eligible

18  to continue to participate in the program.

19         (3)  The department is authorized to adopt such rules

20  as necessary to comply with this section.

21         (4)  If a recipient of fleet license plates fails to

22  properly and timely renew or initially register vehicles in

23  its fleet, the department may impose a delinquency penalty of

24  $50 or 10 percent of the delinquent taxes due, whichever is

25  greater, if the failure is for not more than 30 days, with an

26  additional 10 percent penalty for each additional 30 days, or

27  fraction thereof, during the time the failure continues, not

28  to exceed a total penalty of 100 percent in the aggregate.

29  However, the penalty may not be less than $50.

30         (5)  All recipients of fleet license plates authorized

31  by this section must provide the department with an annual

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  vehicle reconciliation and must annually surrender all

 2  unassigned license plates.  Failure to comply may result in

 3  fines of up to $1,000 for each occurrence or in suspension or

 4  termination from the fleet program.

 5         Section 25.  Section 331.304, Florida Statutes, is

 6  amended to read:

 7         331.304  Spaceport territory.--The following property

 8  shall constitute spaceport territory:

 9         (1)  Certain real property located in Brevard County

10  that is included within the 1997 boundaries of Patrick Air

11  Force Base, Cape Canaveral Air Station, John F. Kennedy Space

12  Center with the following boundaries:

13         (a)  Northern boundary--Latitude 28°32'30" North.

14         (b)  Eastern boundary--The mean high water line of the

15  shore along the Atlantic Ocean.

16         (c)  Western boundary--Cape Road (State Road 401).

17         (d)  Southern boundary--Latitude 28°26' North.

18         (2)  Certain real property located in Gulf County with

19  the following boundaries:

20         (a)  Northern boundary--Latitude 29°40'45" North from

21  longitude 85°20' West in a westerly direction to the mean high

22  water line of the Gulf of Mexico.

23         (b)  Eastern boundary--Longitude 85°20' West.

24         (c)  Western boundary--The mean high water line of the

25  shore along the Gulf of Mexico.

26         (d)  Southern boundary--The mean high water line of the

27  shore along the Gulf of Mexico.

28         (3)  Certain real property located in Santa Rosa,

29  Okaloosa, and Walton Counties that is included within the 1997

30  boundaries of Eglin Air Force Base.

31         Section 26.  Subsection (6) of section 322.28, Florida

                                  25
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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  Statutes, is amended to read:

 2         322.28  Period of suspension or revocation.--

 3         (6)  No court shall stay the administrative suspension

 4  of a driving privilege under s. 322.2615 or s. 322.2616 shall

 5  be stayed upon a request for during judicial review of the

 6  departmental order that resulted in such suspension and,

 7  except as provided in former s. 322.261, no suspension or

 8  revocation of a driving privilege shall be stayed upon an

 9  appeal of the conviction or order that resulted therein.

10         Section 27.  Section 332.003, Florida Statutes, is

11  amended to read:

12         332.003  Florida Airport Development and Assistance

13  Act; short title.--Sections 332.003-332.009 332.003-332.007

14  may be cited as the "Florida Airport Development and

15  Assistance Act."

16         Section 28.  Subsection (1) of section 332.004, Florida

17  Statutes, is amended to read:

18         332.004  Definitions of terms used in ss.

19  332.003-332.007.--As used in ss. 332.003-332.007, the term:

20         (1)  "Airport" means any area of land or water, or any

21  manmade object or facility located therein, which is used, or

22  intended for public use, for the landing and takeoff of

23  aircraft, including reusable launch vehicles and other space

24  transportation systems, and any appurtenant areas which are

25  used, or intended for public use, for airport buildings or

26  other airport facilities or rights-of-way.

27         Section 29.  Section 332.009, Florida Statutes, is

28  created to read:

29         332.009  Nothing in this chapter shall be construed to

30  authorize expenditure of aviation fuel tax revenues on space

31  transportation projects. Nothing in this chapter shall be

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  construed to limit the department's authority under s.

 2  331.360.

 3         Section 30.  Present subsections (15) through (30) of

 4  section 334.044, Florida Statutes, are renumbered as

 5  subsections (16) through (31), respectively, and a new

 6  subsection (15) is added to that section, to read:

 7         334.044  Department; powers and duties.--The department

 8  shall have the following general powers and duties:

 9         (15)  To regulate and prescribe conditions for the

10  transfer of stormwater to the state right-of-way as a result

11  of man-made changes to adjacent properties.

12         (a)  Such regulation shall be through a permitting

13  process designed to ensure the safety and integrity of the

14  Department of Transportation facilities and to prevent an

15  unreasonable burden on lower properties.

16         (b)  The department is specifically authorized to adopt

17  rules which set forth the purpose, necessary definitions,

18  permit exceptions, permit and assurance requirements, permit

19  application procedures, permit forms, general conditions for a

20  drainage permit, provisions for suspension or revocation of a

21  permit, and provisions for department recovery of fines,

22  penalties and costs incurred due to permittee actions.  In

23  order to avoid duplication and overlap with other units of

24  government, the department shall accept a surface water

25  management permit issued by a water management district, the

26  Department of Environmental Protection, a surface water

27  management permit issued by a delegated local government or a

28  permit issued pursuant to an approved Stormwater Management

29  Plan or Master Drainage Plan; provided issuance is based on

30  requirements equal to or more stringent than those of the

31  department.

                                  27
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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         Section 31.  Subsection (15) of section 334.044,

 2  Florida Statutes, as created by section 1 of Committee

 3  Substitute for Senate Bill 846 as enacted by the Legislature

 4  during 1998 Regular Session is repealed.

 5         Section 32.  Subsection (1) of section 14 of chapter

 6  96-423, Laws of Florida, is amended to read:

 7         Section 14.  (1)  Notwithstanding chapter 253, Florida

 8  Statutes, or chapter 270, Florida Statutes, the Department of

 9  Transportation, on behalf of the Board of Trustees of the

10  Internal Improvement Trust Fund, may sell the state real

11  property located at 5200 East Colonial Drive, Orlando,

12  Florida, which is utilized by the Department of Highway Safety

13  and Motor Vehicles.  Any such sale shall be at fair market

14  value. Proceeds from the sale shall be deposited in the State

15  Transportation Trust Fund. or the existing lease between the

16  Board of Trustees of the Internal Improvement Trust Fund and

17  the Department of Business and Professional Regulation for use

18  of the regional service center located at 133 South Semoran

19  Boulevard, Orlando, Florida, the department, with the

20  technical assistance and staff support of the Department of

21  Management Services, may sell the regional service center.

22  Proceeds from the sale shall be deposited in the Professional

23  Regulation Trust Fund and distributed to the accounts of the

24  professions, based on each profession's pro rata share of the

25  costs of the original purchase and renovation of the real

26  estate. The Board of Trustees of the Internal Improvement

27  Trust Fund shall execute and deliver a deed of conveyance for

28  the purpose of carrying into effect a contract or agreement of

29  sale.

30         Section 33.  In the event additional federal funds are

31  received through reauthorization of the Federal Intermodal

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  Surface Transportation Efficiency Act, the department shall

 2  apply $4.6 million to the Winchester and Englewood Corridor

 3  projects, provided such use of transportation funds is

 4  endorsed by the Charlotte and Sarasota/Manatee Metropolitan

 5  Planning Organization.  Prior to receiving any new federal

 6  funds, the department shall allocate $1 million to the

 7  Winchester and Englewood Corridor projects as an advance on

 8  the $4.6 million of additional federal funds to be applied to

 9  the projects.

10         Section 34.    An amount not to exceed $78,000 of the

11  funds included in appropriation item 1916C of chapter 94-357,

12  Laws of Florida may be used to purchase land at the Florida

13  Highway Patrol station in Cross City and Dixie County.

14         Section 35.  This act shall take effect upon becoming a

15  law.

16

17

18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20         Delete everything before the enacting clause

21

22  and insert:

23                      A bill to be entitled

24         An act relating to transportation; creating s.

25         316.0815, F.S.; providing publicly owned

26         transit vehicles right of way when reentering

27         traffic flow; amending s. 318.15, F.S.;

28         authorizing tax collectors to collect driver's

29         license reinstatement fees; amending s. 318.18,

30         F.S.; providing that fines for construction

31         zone speed violations shall be doubled only

                                  29
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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         under certain circumstances; amending s.

 2         334.0445, F.S.; extending the time period for

 3         the model career service classification and

 4         compensation plan in the Department of

 5         Transportation; amending s. 335.0415, F.S.;

 6         clarifying the jurisdiction and responsibility

 7         for operation and maintenance of roads;

 8         amending s. 337.11, F.S.; providing that

 9         consultants may be covered by the department's

10         owner controlled insurance plan; amending s.

11         337.185, F.S.; increasing the amount of a

12         contractual claim that goes to the State

13         Arbitration Board; allowing the department to

14         select an alternate to serve as the

15         department's representative on the board;

16         clarifying that a department employee may not

17         be compensated for serving on the board;

18         amending the fee schedule for arbitration;

19         amending s. 337.19, F.S.; authorizing suits to

20         be brought against the department for the

21         breach of an expressed provision or an implied

22         covenant; providing that no liability may be

23         based on an oral modification of the written

24         contract; amending s. 337.29, F.S.; providing

25         for intergovernmental indemnification; amending

26         s. 337.403, F.S.; authorizing the Department of

27         Transportation to participate in the cost of

28         clearing and grubbing with utilities prior to

29         construction of a transportation facility;

30         amending s. 338.223, F.S.; clarifying certain

31         procedures for hardship and protective

                                  30
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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         purchases; amending s. 338.229, F.S.;

 2         authorizing the department to restrict the

 3         sale, transfer, lease, or other disposition of

 4         any part of the turnpike system; amending s.

 5         479.01, F.S.; redefining the terms "commercial

 6         or industrial zone" and "unzoned commercial or

 7         industrial area" for the purposes of the laws

 8         regulating outdoor advertising; providing

 9         criteria for an unzoned commercial or

10         industrial area; amending s. 479.07, F.S.;

11         revising provisions related to reinstatement of

12         expired outdoor advertising permits; amending

13         s. 479.16, F.S.; providing a permit exemption

14         for certain outdoor advertising signs; amending

15         s. 832.06, F.S.; authorizing tax collectors to

16         seek prosecution against a person for writing a

17         worthless check for a driver's license or

18         identification card;  amending s. 316.003,

19         F.S.; defining the term "neighborhood vehicle";

20         amending s. 316.091, F.S.; providing that on

21         specified highways certain commercial vehicles

22         may drive only in certain lanes; amending s.

23         316.1967, F.S.; reduces the number of

24         outstanding parking violations which trigger

25         the county clerk to report to the Department of

26         Highway Safety and Motor Vehicles; amending s.

27         320.01, F.S.; defining the term "agricultural

28         products"; amending s. 320.04, F.S.; providing

29         a service charge for validation stickers issued

30         by printer dispenser machines; amending s.

31         320.055, F.S.; revising registration renewal

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         period for certain vehicles; providing for

 2         staggered fleet registration; repealing s.

 3         320.065, F.S., relating to the registration of

 4         certain rental trailers for hire and

 5         semitrailers used to haul agricultural

 6         products; amending s. 320.0657, F.S.; defining

 7         the term "fleet"; providing registration fees;

 8         providing penalties for late or improper

 9         registration amending s. 322.1615, F.S.;

10         revising language with respect to nighttime

11         driving restrictions for persons with learner's

12         driver licenses; amending s. 331.304, F.S.;

13         revising the boundaries of spaceport territory;

14         adding certain property located in Santa Rosa,

15         Okaloosa, and Walton Counties to spaceport

16         territory; amending 322.28, F.S.; revising

17         language with respect to judicial stays on

18         administrative suspensions of driving

19         privileges; amending s. 332.003, F.S.;

20         correcting a reference; amending s. 332.004,

21         F.S.; redefining the terms "airport"; creating

22         s. 332.009, F.S.; providing for application;

23         amending s. 334.044, F.S.; providing specific

24         rule-making authority; repealing s.

25         334.044(15), F.S., relating to certain

26         rulemaking authority in Senate Bill 846;

27         providing for application; repealing s.

28         335.165, F.S., relating to welcome stations;

29         amending chapter 96-423, Laws of Florida;

30         authorizing the department to sell certain

31         state property and directing the proceeds of

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         the sale to the State Transportation Trust

 2         Fund; providing for transfer of funds;

 3         providing an effective date.

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