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

                                  19
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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.  Present subsections (15) through (30) of

11  section 334.044, Florida Statutes, are renumbered as

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

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

14         334.044  Department; powers and duties.--The department

15  shall have the following general powers and duties:

16         (15)  To regulate and prescribe conditions for the

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

18  of man-made changes to adjacent properties.

19         (a)  Such regulation shall be through a permitting

20  process designed to ensure the safety and integrity of the

21  Department of Transportation facilities and to prevent an

22  unreasonable burden on lower properties.

23         (b)  The department is specifically authorized to adopt

24  rules which set forth the purpose, necessary definitions,

25  permit exceptions, permit and assurance requirements, permit

26  application procedures, permit forms, general conditions for a

27  drainage permit, provisions for suspension or revocation of a

28  permit, and provisions for department recovery of fines,

29  penalties and costs incurred due to permittee actions.  In

30  order to avoid duplication and overlap with other units of

31  government, the department shall accept a surface water

                                  26
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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  management permit issued by a water management district, the

 2  Department of Environmental Protection, a surface water

 3  management permit issued by a delegated local government or a

 4  permit issued pursuant to an approved Stormwater Management

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

 6  requirements equal to or more stringent than those of the

 7  department.

 8         Section 28.  Subsection (15) of section 334.044,

 9  Florida Statutes, as created by section 1 of Committee

10  Substitute for Senate Bill 846 as enacted by the Legislature

11  during 1998 Regular Session is repealed.

12         Section 29.  Subsection (1) of section 14 of chapter

13  96-423, Laws of Florida, is amended to read:

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

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

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

17  Internal Improvement Trust Fund, may sell the state real

18  property located at 5200 East Colonial Drive, Orlando,

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

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

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

22  Transportation Trust Fund. or the existing lease between the

23  Board of Trustees of the Internal Improvement Trust Fund and

24  the Department of Business and Professional Regulation for use

25  of the regional service center located at 133 South Semoran

26  Boulevard, Orlando, Florida, the department, with the

27  technical assistance and staff support of the Department of

28  Management Services, may sell the regional service center.

29  Proceeds from the sale shall be deposited in the Professional

30  Regulation Trust Fund and distributed to the accounts of the

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

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  costs of the original purchase and renovation of the real

 2  estate. The Board of Trustees of the Internal Improvement

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

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

 5  sale.

 6         Section 30.  In the event additional federal funds are

 7  received through reauthorization of the Federal Intermodal

 8  Surface Transportation Efficiency Act, the department shall

 9  apply $4.6 million to the Winchester and Englewood Corridor

10  projects, provided such use of transportation funds is

11  endorsed by the Charlotte and Sarasota/Manatee Metropolitan

12  Planning Organization.  Prior to receiving any new federal

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

14  Winchester and Englewood Corridor projects as an advance on

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

16  the projects.

17         Section 31.    An amount not to exceed $78,000 of the

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

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

20  Highway Patrol station in Cross City and Dixie County.

21         Section 32.  A new subsection (6) is added to section

22  206.46, Florida Statutes, to read:

23         (6)  $1.5 million per year shall be transferred to the

24  Board of Regents and shall be spent solely for purposes of s.

25  334.065. Except for projects mandated by law, state-funded

26  base projects shall not be undertaken without approval of the

27  advisory board. The membership of the board shall consist of

28  nine experts in transportation-related areas, including the

29  secretaries of the Florida Departments of Transportation,

30  Community Affairs, and Environmental Protection, or their

31  designees, and a member of the Florida Transportation

                                  28
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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  Commission.

 2         Section 33.  The Clean Fuel Florida Task Force.--

 3         (1)  The Clean Fuel Florida Task Force is hereby

 4  established under the Florida Department of Community Affairs

 5  (DCA) to study the implementation of alternative fuel and

 6  cleaner burning fuel vehicles and to formulate recommendations

 7  on expanding the use of alternative fuel and cleaner burning

 8  fuel vehicles in Florida. The Task Force will be staffed by

 9  the DCA which will be reimbursed for reasonable costs and

10  expenses in support of Task Force activities and as determined

11  by the Task Force.

12         (2)  Within 30 days after the effective date of this

13  legislation, the Secretary of the Florida Department of

14  Community Affairs shall appoint members of the Task Force.

15  The Task Force shall consist of one representative from each

16  of the following:

17         (a)  Secretary or Designee from the Florida Department

18  of Community Affairs;

19         (b)  Secretary or Designee from the Florida Department

20  of Environmental Protection;

21         (c)  Secretary or Designee from the Florida Department

22  of Education;

23         (d)  Secretary or Designee from the Florida Department

24  of Transportation;

25         (e)  Secretary or Designee from the Florida Department

26  of Agriculture;

27         (f)  Florida biodiesel industry;

28         (g)  Florida electric vehicle industry;

29         (h)  Florida natural gas industry;

30         (i)  Florida propane gas industry;

31         (j)  Florida Suncoast, Gold Coast or Space Coast Clean

                                  29
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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  City Coalition;

 2         (k)  Enterprise Florida;

 3         (l)  Florida Alliance for Clean Technology;

 4         (m)  Florida Petroleum Marketers Association;

 5         (n)  Florida Petroleum Council;

 6         (o)  Florida Association of Counties;

 7         (p)  Florida League of Cities.

 8         (3)  Task Force members shall receive no compensation

 9  or honorarium for their services, but will be reimbursed for

10  travel expenses in accordance with policy set forth by this

11  Task Force.

12         (4)  The Task Force shall hold its first meeting within

13  30 days of membership appointment. Within 90 days of their

14  first meeting, Task Force members shall make recommendations

15  to DCA for establishing and implementing pilot programs in

16  Florida that provide experience and support the best use

17  expansion of the alternative fuel and cleaner burning fuel

18  vehicles industry in Florida.  Recommendations shall include,

19  but not be limited to, formulas for distribution, reporting

20  mechanisms, and public education. In conjunction with DCA, the

21  Task Force will develop, implement, and continually monitor

22  the pilot programs.

23         (5)  In addition to the pilot programs, the Task Force

24  shall assess federal, state, and local initiatives to identify

25  incentives that encourage successful alternative fuel and

26  cleaner burning fuel vehicles, and identify what barriers now

27  exist.  These recommendations will provide guidance on the

28  best use of state and other resources to expand the

29  alternative fuel and cleaner burning fuel vehicles market in

30  Florida and maximize the return on that investment in terms of

31  job creation, economic development, and mobile source

                                  30
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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  emissions reduction.

 2         (6)  As used in this section, the term:

 3         (a)  "Alternative fuels" and "cleaner burning fuels"

 4  means fuels that are intended for use in transportation

 5  vehicles, including electricity, biodiesel, natural gas,

 6  propane, reformulated fuel, and any other cleaner burning fuel

 7  that is designated by the United States Environmental

 8  Protection Agency for use in transportation vehicles.

 9         (b)  "Alternative fuel vehicles" also referred to as

10  "AFV's" include on-and-off-road transportation vehicles,

11  light-duty, medium-duty, or heavy-duty which are powered by an

12  alternative fuel or a combination of alternative fuels or as

13  revised in the future by DCA in partnership with the Task

14  Force.

15         Section 34.  Paragraph (b) of subsection (4) of section

16  320.06, Florida Statutes is amended to read:

17         320.06  Registration certificates, license plates, and

18  validation stickers generally.--

19         (4)

20         (b)  For the purposes of authorizing the corporation

21  organized pursuant to chapter 946 to manufacture license

22  plates and validation stickers, as well as temporary tags,

23  disabled hang tags, vessel decals, and fuel use decals, for

24  the Department of Highway Safety and Motor Vehicles. as

25  provided in this chapter, The reference to the Department of

26  Corrections in paragraph (a) means the Department of

27  Corrections or the corporation organized pursuant to chapter

28  946, and the Department of Highway Safety and Motor Vehicles

29  is not required to obtain competitive bids in order to

30  contract with such corporation.

31         Section 35.  Effective January 1, 1999, section

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  73.0511, Florida Statutes, is amended to read:

 2         73.0511  Prelitigation notice and offer of full

 3  compensation.--Before an eminent domain action is initiated

 4  under chapter 73 or chapter 74 Prior to instituting

 5  litigation, the condemning authority shall notify the fee

 6  owners appearing of record on the date the offer is made of

 7  their statutory rights under s. 73.091 and shall make a

 8  written offer of full compensation for the property to be

 9  acquired and any damages to the remainder caused by the

10  taking, naming the fee owners to whom it is made. The notice

11  and written offer must be sent to the fee owners' last known

12  address listed on the county ad valorem tax roll. Notice to

13  one fee owner constitutes notice to all fee owners on

14  multiple-ownership property. This section may not be

15  interpreted as shifting the burden of proof of either the

16  condemning authority or fee owners at a valuation trial under

17  chapter 73 or chapter 74, as otherwise provided by law. The

18  governmental condemning authority is not required to give

19  notice to a person who acquires title to the property

20  subsequent to the notice required by this section.

21         Section 36.  Effective July 1, 1998, for eminent domain

22  actions filed after July 1, 1998, subsection (2) of section

23  337.27, section 337.271, subsection (2) of section 348.0008,

24  subsection (2) of section 348.759, and subsection (2) of

25  section 348.957, Florida Statutes, are repealed.

26         Section 37.  Subsection (6) is added to section 253.82,

27  Florida Statutes, to read:

28         253.82  Title of state or private owners to Murphy Act

29  lands.--

30         (6)(a)  All reservations of easements on deeds by the

31  Board of Trustees of the Internal Improvement Trust Fund

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  conveying land acquired under chapter 18296, Laws of Florida,

 2  1937, are hereby vested by operation of law, and without the

 3  necessity of instruments of conveyance from the Board of

 4  Trustees of the Internal Improvement Trust Fund, in the

 5  governmental entity having right and title to the road to

 6  which the reservations are adjacent. All reservations adjacent

 7  to a road that was designated as a state road at the time of

 8  the reservation, which road is currently held by the state,

 9  are conveyed to the Department of Transportation. All

10  reservations adjacent to a road that was designated as a state

11  road at the time of the reservation, which road is located in

12  an unincorporated area of a county or owned by the county

13  within any incorporated area, are conveyed to the respective

14  county. All other reservations within an incorporated area

15  adjacent to a road that was designated as a state road at the

16  time of the reservation, which reservations are not otherwise

17  conveyed to the state or the county, are conveyed to the

18  incorporated area. The conveyance includes all right, title,

19  and interest in the reservation held by the Board of Trustees

20  of the Internal Improvement Trust Fund.

21         (b)  Every entity that holds title to Murphy Act

22  reservations must establish a procedure for reviewing any deed

23  that contains a reservation when a review is requested or a

24  road project is anticipated. The review process must provide

25  for:

26         1.  A determination of whether the language of the deed

27  created a reservation at the time of the original conveyance.

28         2.  A review of any release of the reservation provided

29  by the property owner.

30         3.  The recording of a notice of the nonexistence of a

31  reservation if reservation language in the deed does not

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  impact the property.

 2         4.  A determination of whether any or all of the

 3  reservation may be released, and a form for recording the

 4  release.

 5         5.  A process to allow for review through mediation if

 6  requested by the property owner or through binding arbitration

 7  pursuant to chapter 44.

 8

 9  Any fee charged may not exceed the actual cost to review the

10  deed, perform an appeal, and pay any recording expenses. Any

11  such fee may not exceed $300.

12         (c)1.  Any owner of property encumbered by a Murphy Act

13  road reservation who has been denied a release of all or part

14  of the reservation or who has received notice of a

15  governmental entity's intent to preserve the reservation under

16  s. 712.05 may appeal to the entity and show that the

17  reservation substantially denies the property owner the

18  current economic use of the property held by the owner. For

19  purposes of this determination, the term "current economic

20  use" means the use of the property on the date notice of the

21  easement is filed under s. 712.05.

22         2.  Upon a determination by the governmental entity

23  that the reservation substantially denies the property owner

24  the current economic use of the property held by the owner,

25  the governmental entity must purchase the real property and

26  improvements not retained by the property owner in fee simple

27  title or release all or part of the reservation as necessary

28  to allow for beneficial use of the property.

29         3.  If the governmental entity and property owner are

30  unable to agree as to whether the reservation substantially

31  denies the current economic use of the property or as to the

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  purchase price, the property owner may request mediation or

 2  binding arbitration under chapter 44 to resolve these issues.

 3         4.  Before the payment of any compensation, the

 4  property owner must provide the governmental entity copies of

 5  any title insurance policies and notice of any compensation

 6  received from a title company related to the easement.

 7         (7)  The process for release of any road reservation

 8  covered by this section or payment for property impacted by

 9  the use of a reservation covered by this section must be

10  solely in accordance with this section. Any action for the

11  taking of property related to road construction is separate

12  and distinct from an action under this section.

13         (8)  The governmental entity is not liable for

14  attorney's fees or costs incurred by the owner in establishing

15  the impact of the road reservation on the property.

16         Section 38.  Section 712.04, Florida Statutes, is

17  amended to read:

18         712.04  Interests extinguished by marketable record

19  title.--Subject to the matters stated in s. 712.03, such

20  marketable record title shall be free and clear of all

21  estates, interests, claims, or charges whatsoever, the

22  existence of which depends upon any act, title transaction,

23  event or omission that occurred prior to the effective date of

24  the root of title.  All such estates, interests, claims, or

25  charges, however denominated, whether such estates, interests,

26  claims, or charges are or appear to be held or asserted by a

27  person sui juris or under a disability, whether such person is

28  within or without the state, whether such person is natural or

29  corporate, or is private or governmental, are hereby declared

30  to be null and void, except that this chapter shall not be

31  deemed to affect any right, title, or interest of the United

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  States, Florida, or any of its officers, boards, commissions,

 2  or other agencies reserved in the patent or deed by which the

 3  United States, Florida, or any of its agencies parted with

 4  title. However, all reservations of easements in deeds by the

 5  Trustees of the Internal Improvement Trust Fund conveying land

 6  acquired under chapter 18296, Laws of Florida, 1937, shall be

 7  extinguished by the Marketable Record Title Act on July 1,

 8  2001, subject to the provisions of s. 712.03, and further

 9  subject to the right of any governmental entity that holds

10  title to the reservations to preserve such reservations as are

11  necessary for future transportation projects in adopted

12  transportation plans by filing notice under s. 712.05 before

13  July 1, 2001.

14         Section 39.  Subsection (3) is added to section 712.05,

15  Florida Statutes, to read:

16         712.05  Effect of filing notice.--

17         (3)  Any governmental entity that claims a road

18  reservation pursuant to a deed conveyed under the Murphy Act

19  may preserve the reservation or any portion thereof necessary

20  for future transportation projects in adopted transportation

21  plans and protect the reservation from extinguishment by the

22  operation of this chapter by filing for record, prior to July

23  1, 2001, a notice, in writing, in accordance with the

24  provisions of this chapter. The notice preserves the

25  reservation or portion thereof for 10 years following the date

26  of record if the reservation is used or identified by the

27  governmental entity in the final design plans of a road

28  project scheduled for construction to begin before the end of

29  the 10-year period. Any reservation used or identified in the

30  final design plans of a road project scheduled for

31  construction to begin before the end of the 10-year period is

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  not extinguished.

 2         Section 40.  The Legislature finds that balancing

 3  property and business interests of private citizens and

 4  governmental entities is an important function of the

 5  Legislature.  Likewise, the Legislature finds that, in the

 6  balancing of those interests, prelitigation offers of

 7  compensation assist in reducing the costs of acquisition; that

 8  an entire lot, block, or tract of land should be acquired only

 9  when the public purpose and necessity are related to the

10  engineering needs of a project and not the saving of

11  acquisition costs to the detriment of business owners; that

12  orderly procedures for the transference of deeds under the

13  Murphy Act should be established to save administrative costs;

14  that provision should be made for the underlying fee owner to

15  be eligible for compensation for the denial of economic use

16  caused by the exercise of a reservation pursuant to deeds

17  under the Murphy Act. Therefore, the Legislature finds that

18  this act fulfills an important state interest.

19         Section 41.  Employees of an Off Street Parking

20  Authority of a city of 2,000,000 or more residents are

21  prohibited from ordering the towing of any vehicle but may

22  request the assistance of a law enforcement officer where an

23  authority employee determines that a vehicle is illegally

24  parked and should be removed.

25         Section 42.  Subsection (5) is added to section

26  320.0715, Florida Statutes, to read:

27         320.0715  International Registration Plan; motor

28  carrier services; permits; retention of records.--

29         (5)  The provisions of this section do not apply to any

30  commercial motor vehicle domiciled in a foreign state that

31  enters this state solely for the purpose of bringing a

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  commercial vehicle in for repairs, or picking up a newly

 2  purchased commercial vehicle, so long as the commercial motor

 3  vehicle is operated by its owner and is not hauling a load.

 4         Section 43.  Section 373.4137, Florida Statutes, is

 5  amended to read:

 6         373.4137  Mitigation requirements.--

 7         (1)  The Legislature finds that environmental

 8  mitigation for the impact of transportation projects proposed

 9  by the Department of Transportation can be more effectively

10  achieved by regional, long-range mitigation planning rather

11  than on a project-by-project basis.  It is the intent of the

12  Legislature that mitigation to offset the adverse effects of

13  these transportation projects be funded by the Department of

14  Transportation and be carried out by the Department of

15  Environmental Protection and the water management districts,

16  including the use of mitigation banks established pursuant to

17  this part.

18         (2)  Environmental impact inventories for

19  transportation projects proposed by the Department of

20  Transportation shall be developed as follows:

21         (a)  Each June 1 Beginning July 1996, the Department of

22  Transportation shall submit annually to the Department of

23  Environmental Protection and the water management districts a

24  copy of its adopted work program and an inventory of habitats

25  addressed in the rules adopted pursuant to this part and s.

26  404 of the Clean Water Act, 33 U.S.C. s. 1344, which may be

27  impacted by its plan of construction for transportation

28  projects in the next first 3 years of the adopted work

29  program. The Department of Transportation may also include in

30  its inventory the habitat impacts of any future transportation

31  project identified in the adopted work program. For the July

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  1996 submittal, The inventory may exclude those projects which

 2  have received permits pursuant to this part and s. 404 of the

 3  Clean Water Act, 33 U.S.C. s. 1344, projects for which

 4  mitigation planning or design has commenced, or projects for

 5  which mitigation has been implemented in anticipation of

 6  future permitting needs.

 7         (b)  The environmental impact inventory shall include a

 8  description of these habitat impacts, including their

 9  location, acreage, and type; state water quality

10  classification of impacted wetlands and other surface waters;

11  any other state or regional designations for these habitats;

12  and a survey of threatened species, endangered species, and

13  species of special concern affected by the proposed project.

14         (3)  To fund the mitigation plan for the projected

15  impacts identified in the inventory described in subsection

16  (2), beginning July 1, 1997, the Department of Transportation

17  shall identify funds quarterly in an escrow account within the

18  State Transportation Trust Fund established by the Department

19  of Transportation for the benefit of the Department of

20  Environmental Protection.  Any interest earnings from the

21  escrow account shall be returned to the Department of

22  Transportation.  The Department of Environmental Protection

23  shall request a transfer of funds from the escrow account to

24  the Ecosystem Management and Restoration Trust Fund no sooner

25  than 30 days prior to the date the funds are needed to pay for

26  activities contained in the mitigation programs.  The amount

27  transferred each year by the Department of Transportation

28  shall correspond to a cost per acre of $75,000 multiplied by

29  the projected acres of impact identified in the inventory

30  described in subsection (2) within the water management

31  district for that year.  The water management district may

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  draw from the trust fund no sooner than 30 days prior to the

 2  date funds are needed to pay for activities associated with

 3  development or implementation of the mitigation plan described

 4  in subsection (4). Activities associated with the development

 5  of the mitigation plan include, but are not limited to,

 6  design, engineering, production, and staff support. Each July

 7  1, beginning in 1998, the cost per acre shall be adjusted by

 8  the percentage change in the average of the Consumer Price

 9  Index issued by the United States Department of Labor for the

10  most recent 12-month period ending September 30, compared to

11  the base year average, which is the average for the 12-month

12  period ending September 30, 1996.  At the end of each year,

13  the projected acreage of impact shall be reconciled with the

14  acreage of impact of projects as permitted pursuant to this

15  part and s. 404 of the Clean Water Act, 33 U.S.C. s. 1344, and

16  the following year's transfer of funds shall be adjusted

17  accordingly to reflect the overtransfer or undertransfer of

18  funds from the preceding year. The Department of Environmental

19  Protection is authorized to transfer such funds from the

20  Ecosystem Management and Restoration Trust Fund to the water

21  management districts to carry out the mitigation programs.

22         (4)  Prior to December 1 of each year 31, 1996, each

23  water management district, in consultation with the Department

24  of Environmental Protection, the United States Army Corps of

25  Engineers, and other appropriate federal, state, and local

26  governments, and entities operating mitigation banks which

27  have obtained a permit pursuant to s. 373.4136, shall develop

28  a plan for the primary purpose of complying with the

29  mitigation requirements adopted pursuant to this part and 33

30  U.S.C. s. 1344. This plan shall also address significant

31  aquatic and exotic plant problems within wetlands and other

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  surface waters. In developing such plans, the districts shall

 2  utilize sound ecosystem management practices to address

 3  significant water resource needs and shall focus on activities

 4  of the department and the water management districts, such as

 5  surface water improvement and management projects and lands

 6  identified for potential acquisition or restoration, to the

 7  extent such activities comply with the mitigation requirements

 8  adopted under this part and 33 U.S.C. s. 1344.  In determining

 9  the activities to be included in such plans, the districts

10  shall also consider the purchase of credits from public or

11  private mitigation banks permitted under this part and shall

12  include such purchase as a part of the mitigation plan when

13  such purchase would offset the impact of the transportation

14  project, provide equal benefits to the water resources than

15  other mitigation options being considered, and provide the

16  most cost-effective mitigation option.  The mitigation plan

17  shall be preliminarily approved by the water management

18  district governing board and shall be submitted to the

19  secretary of the Department of Environmental Protection for

20  review and final approval. The preliminary approval by the

21  water management district governing board does not constitute

22  a decision that affects substantial interests as provided by

23  s. 120.569. At least 30 days prior to preliminary approval,

24  the water management district shall provide a copy of the

25  draft mitigation plan to any person who has requested a copy.

26         (a)  Each mitigation plan shall include a brief

27  explanation of why a mitigation bank was or was not chosen as

28  a mitigation option for each transportation project addressed

29  in the plan, including an estimation and description of

30  identifiable costs of the mitigation bank and nonmitigation

31  bank option to the extent practicable.

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         (b)(a)  If the Department of Environmental Protection

 2  and water management districts are unable to identify

 3  mitigation that would offset the impacts of a project included

 4  in the inventory, either due to the nature of the impact or

 5  the amount of funds available, that project shall not be

 6  addressed in the mitigation plan and the project shall not be

 7  subject to the provisions of this section.

 8         (c)(b)  Specific projects may be excluded from the

 9  environmental impact inventory and the mitigation plan and

10  shall not be subject to this section upon the agreement of the

11  Department of Transportation, the Department of Environmental

12  Protection, and the appropriate water management district that

13  the inclusion of such projects would hamper the efficiency or

14  timeliness of the mitigation planning and permitting process.

15         (d)(c)  Those transportation projects that are proposed

16  to commence in fiscal year 1996-1997 shall not be addressed in

17  the mitigation plan, and the provisions of subsection (7)

18  shall not apply to these projects.  The Department of

19  Transportation may enter into interagency agreements with the

20  Department of Environmental Protection or any water management

21  district to perform mitigation planning and implementation for

22  these projects.

23         (e)  Surface water improvement and management or

24  aquatic or exotic plant control projects undertaken using the

25  $12 million advance transferred from the Department of

26  Transportation to the Department of Environmental Protection

27  in fiscal year 1996-1997 shall remain available for mitigation

28  until the $12 million is fully credited up to and including

29  fiscal year 2004-2005.  When these projects are used as

30  mitigation, the $12 million advance shall be reduced by

31  $75,000 per acre of impact mitigated.  For any fiscal year

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  through and including fiscal year 2004-2005, to the extent the

 2  cost of developing and implementing the mitigation plans is

 3  less than the amount transferred from the Department of

 4  Transportation to the Department of Environmental Protection

 5  pursuant to subsection (3), the difference shall be credited

 6  towards the $12 million advance.

 7         (d)  On July 1, 1996, the Department of Transportation

 8  shall transfer to the Department of Environmental Protection

 9  $12 million from the State Transportation Trust Fund for the

10  purposes of the surface water improvement management program

11  and to address statewide aquatic and exotic plant problems

12  within wetlands and other surface waters.  Such funds shall be

13  considered an advance upon funds that the Department of

14  Transportation would provide for statewide mitigation during

15  the 1997-1998, 1998-1999, and 1999-2000 fiscal years.  This

16  use of mitigation funds for surface water improvement

17  management projects or aquatic and exotic plant control may be

18  utilized as mitigation for transportation projects to the

19  extent that it complies with the mitigation requirements

20  adopted pursuant to this part and 33 U.S.C. s. 1344.  To the

21  extent that such activities result in mitigation credit for

22  projects permitted in fiscal year 1996-1997, all or part of

23  the $12 million funding for surface water improvement

24  management projects or aquatic and exotic plant control in

25  fiscal year 1996-1997 shall be drawn from Department of

26  Transportation mitigation funding for fiscal year 1996-1997

27  rather than from mitigation funding for fiscal years

28  1997-1998, 1998-1999, and 1999-2000, in an amount equal to the

29  cost per acre of impact described in subsection (3), times the

30  acreage of impact that is mitigated by such plant control

31  activities.  Any part of the $12 million that does not result

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  in mitigation credit for projects permitted in fiscal year

 2  1996-1997 shall remain available for mitigation credit during

 3  fiscal years 1997-1998, 1998-1999, or 1999-2000.

 4         (5)  The water management district shall be responsible

 5  for ensuring that mitigation requirements pursuant to 33

 6  U.S.C. s. 1344 are met for the impacts identified in the

 7  inventory described in subsection (2), by implementation of

 8  the approved plan described in subsection (4) to the extent

 9  funding is provided as funded by the Department of

10  Transportation.  During the federal permitting process, the

11  water management district may deviate from the approved

12  mitigation plan in order to comply with federal permitting

13  requirements.

14         (6)  The mitigation plan shall be updated annually to

15  reflect the most current Department of Transportation work

16  program, and may be amended throughout the year to anticipate

17  schedule changes or additional projects which may arise.  Each

18  update and amendment of the mitigation plan shall be submitted

19  to the secretary of the Department of Environmental Protection

20  for approval as described in subsection (4). However, such

21  approval shall not be applicable to a deviation as described

22  in subsection (5).

23         (7)  Upon approval by the secretary of the Department

24  of Environmental Protection, the mitigation plan shall be

25  deemed to satisfy the mitigation requirements under this part

26  and any other mitigation requirements imposed by local,

27  regional, and state agencies for impacts identified in the

28  inventory described in subsection (2).  The approval of the

29  secretary shall authorize the activities proposed in the

30  mitigation plan, and no other state, regional, or local permit

31  or approval shall be necessary.

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         (8)  This section shall not be construed to eliminate

 2  the need for the Department of Transportation to comply with

 3  the requirement to implement practicable design modifications,

 4  including realignment of transportation projects, to reduce or

 5  eliminate the impacts of its transportation projects on

 6  wetlands and other surface waters as required by rules adopted

 7  pursuant to this part, or to diminish the authority under this

 8  part to regulate other impacts, including water quantity or

 9  water quality impacts, or impacts regulated under this part

10  that are not identified in the inventory described in

11  subsection (2).

12         (9)  The recommended mitigation plan shall be annually

13  submitted to the Executive Office of the Governor and the

14  Legislature through the legislative budget request of the

15  Department of Environmental Protection in accordance with

16  chapter 216.  Any funds not directed to implement the

17  mitigation plan should, to the greatest extent possible, be

18  directed to fund aquatic and exotic plant problems within the

19  wetlands and other surface waters.

20         (10)  By December 1, 1997, the Department of

21  Environmental Protection, in consultation with the water

22  management districts, shall submit a report to the Governor,

23  the President of the Senate, and the Speaker of the House of

24  Representatives describing the implementation of this section,

25  including the use of public and private mitigation banks and

26  other types of mitigation approved in the mitigation plan.

27  The report shall also recommend any amendments to this section

28  necessary to improve the process for developing and

29  implementing mitigation plans for the Department of

30  Transportation.  The report shall also include a specific

31  section on how private and public mitigation banks are

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  utilized within the mitigation plans.

 2         Section 44.  Section 86 of chapter 93-213, Laws of

 3  Florida, is amended to read:

 4         Section 86.  The Department of Environmental Regulation

 5  is authorized 54 career service positions for administering

 6  the state NPDES program. Twenty-five career service positions

 7  are authorized for startup of the program beginning July 1,

 8  1993, and the remaining 29 career service positions beginning

 9  January 1, 1994.  The state NPDES program staffing shall start

10  July 1, 1993, with completion targeted for 6 months following

11  United States Environmental Protection Agency authorization to

12  administer the National Pollutant Discharge Elimination System

13  program.  Implementation of positions is subject to review and

14  final approval by the secretary of the Department of

15  Environmental Regulation.  The sum of $3.2 million is hereby

16  appropriated from the Pollution Recovery Trust Fund to cover

17  program startup costs.  Such funds are to be repaid from a

18  fund the Legislature deems appropriate, no later than July 1,

19  2000.

20         Section 45.  Section 373.4139, Florida Statutes, is

21  created to read:

22         373.4139  Dade County Lake Belt Mitigation Plan;

23  mitigation for mining activities within the Dade County Lake

24  Belt.--

25         (1)  The Legislature finds that the impact of mining

26  within the Dade County Lake Belt Area can best be offset by a

27  mitigation plan that is designated the "Lake Belt Mitigation

28  Plan." The per-ton mitigation fee assessed on limestone sold

29  from the Dade County Lake Belt Area shall be used for

30  acquiring environmentally sensitive lands and for restoration,

31  maintenance, and other environmental purposes. Further, the

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  Legislature finds that the public benefit of a sustainable

 2  supply of limestone construction materials for public and

 3  private projects requires a coordinated approach to permitting

 4  activities on wetlands within the Dade County Lake Belt in

 5  order to provide the certainty necessary to encourage

 6  substantial and continued investment in the limestone

 7  processing plant and equipment required to efficiently extract

 8  the limestone resource. It is the intent of the Legislature

 9  that the Lake Belt Mitigation Plan satisfy all local, state,

10  and federal requirements for mining activity within the Dade

11  County Lake Belt Area.

12         (2)  To provide for the mitigation of wetland resources

13  lost to mining activities within the Dade County Lake Belt

14  Area, effective October 1, 1998, a mitigation fee is imposed

15  on each ton of limerock and sand extracted by any person who

16  engages in the business of extracting limerock or sand from

17  within the Dade County Lake Belt Area. The mitigation fee is

18  at the rate of 5 cents for each ton of limerock and sand sold

19  from within the Dade County Lake Belt Area in raw, processed,

20  or manufactured form, including, but not limited to, sized

21  aggregate, asphalt, cement, concrete, and other limerock and

22  concrete products. Any limerock or sand that is used within

23  the mine from which the limerock or sand is extracted is

24  exempt from the fee. The amount of the mitigation fee imposed

25  under this section must be stated separately on the invoice

26  provided to the purchaser of the limerock product from the

27  limerock miner, or its subsidiary or affiliate, for which the

28  mitigation fee applies. The limerock miner, or its subsidiary

29  or affiliate, who sells the limerock product shall collect the

30  mitigation fee and forward the proceeds of the fee to the

31  Department of Revenue on or before the 20th day of the month

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  following the calendar month in which the sale occurs.

 2         (3)  The mitigation fee imposed by this section must be

 3  reported to the Department of Revenue. Payment of the

 4  mitigation fee must be accompanied by a form prescribed by the

 5  Department of Revenue. The proceeds of the fee, less

 6  administrative costs, must be transferred by the Department of

 7  Revenue to the South Florida Water Management District and

 8  deposited into the Lake Belt Mitigation Trust Fund. As used in

 9  this section, the term "proceeds of the fee" means all funds

10  collected and received by the Department of Revenue under this

11  section, including interest and penalties on delinquent

12  mitigation fees. The amount deducted for administrative costs

13  may not exceed 3 percent of the total revenues collected under

14  this section and may equal only those administrative costs

15  reasonably attributable to the mitigation fee.

16         (4)(a)  The Department of Revenue shall administer,

17  collect, and enforce the mitigation fee authorized under this

18  section in accordance with the procedures used to administer,

19  collect, and enforce the general sales tax imposed under

20  chapter 212. The provisions of chapter 212, with respect to

21  the authority of the Department of Revenue to audit and make

22  assessments, the keeping of books and records, and the

23  interest and penalties imposed on delinquent fees apply to

24  this section. The fee may not be included in computing

25  estimated taxes under s. 212.11, and the dealer's credit for

26  collecting taxes or fees provided for in s. 212.12, does not

27  apply to the mitigation fee imposed by this section.

28         (b)  In administering this section, the Department of

29  Revenue may employ persons and incur expenses for which funds

30  are appropriated by the Legislature. The Department of Revenue

31  shall adopt rules and prescribe and publish forms necessary to

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  administer this section. The Department of Revenue shall

 2  establish audit procedures and may assess delinquent fees.

 3         (5)  Beginning January 1, 2000, and each January 1

 4  thereafter, the per-ton mitigation fee shall be increased by

 5  1.9 percentage points, plus a cost growth index. The cost

 6  growth index shall be the percentage change in the weighted

 7  average of the Employment Cost Index for All Civilian Workers

 8  (ecu 10001I), issued by the United States Department of Labor

 9  for the most recent 12-month period ending on September 30,

10  and the percentage change in the Producer Price Index for All

11  Commodities (WPU 00000000), issued by the United States

12  Department of Labor for the most recent 12-month period ending

13  on September 30, compared to the weighted average of these

14  indices for the previous year. The weighted average shall be

15  calculated as 0.6 times the percentage change in the

16  Employment Cost Index for All Civilian Workers (ecu 10001I),

17  plus 0.4 times the percentage change in the Producer Price

18  Index for All Commodities (WPU 00000000). If either index is

19  discontinued, it shall be replaced by its successor index, as

20  identified by the United States Department of Labor.

21         (6)(a)  The proceeds of the mitigation fee must be used

22  to conduct mitigation activities that are appropriate to

23  offset the loss of the value and functions of wetlands as a

24  result of mining activities in the Dade County Lake Belt Area

25  and must be used in a manner consistent with the

26  recommendations contained in the reports submitted to the

27  Legislature by the Dade County Lake Belt Plan Implementation

28  Committee and adopted under s. 373.4149. Such mitigation may

29  include the purchase, enhancement, restoration, and management

30  of wetlands and uplands, the purchase of mitigation credit

31  from a permitted mitigation bank, and any structural

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  modifications to the existing drainage system to enhance the

 2  hydrology of the Dade County Lake Belt Area. Funds may also be

 3  used to reimburse other funding sources, including the Save

 4  Our Rivers Land Acquisition Program and the Internal

 5  Improvement Trust Fund, for the purchase of lands that were

 6  acquired in areas appropriate for mitigation due to rock

 7  mining and to reimburse governmental agencies that exchanged

 8  land under s. 373.4149, for mitigation due to rock mining.

 9         (b)  Expenditures must be approved by an interagency

10  committee that consists of representatives from each of the

11  following: the Miami-Dade County Department of Environmental

12  Resource Management, the Department of Environmental

13  Protection, the South Florida Water Management District, and

14  the Game and Fresh Water Fish Commission. In addition, the

15  limerock mining industry shall select a representative to

16  serve as a nonvoting member of the interagency committee. At

17  the discretion of the committee, additional members may be

18  added to represent federal regulatory, environmental, and fish

19  and wildlife agencies.

20         (7)  Payment of the fee imposed by this section

21  satisfies the mitigation requirements imposed under sections

22  373.403-373.439, Florida Statutes, and any applicable county

23  ordinance for loss of the value and functions of the wetlands

24  mined. In addition, it is the intent of the Legislature that

25  the payment of the mitigation fee imposed by this section

26  satisfy all federal mitigation requirements for the wetlands

27  mined.

28         (8)  If a general permit by the United States Army

29  Corps of Engineers, or an appropriate long-term permit for

30  mining, consistent with the Dade County Lake Belt Plan, this

31  section, and s. 378.4115, 373.4149, and 373.4415, is not

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  issued on or before September 30, 2000, the fee imposed by

 2  this section is suspended until reenacted by the Legislature.

 3         (9)(a)  The interagency committee established in this

 4  section shall annually prepare and submit to the governing

 5  board of the South Florida Water Management District a report

 6  evaluating the mitigation costs and revenues generated by the

 7  mitigation fee.

 8         (b)  No sooner than January 31, 2010, and no more

 9  frequently than every 10 years thereafter, the interagency

10  committee shall submit to the Legislature a report

11  recommending any needed adjustments to the mitigation fee to

12  ensure that the revenue generated reflects the actual costs of

13  the mitigation.

14         Section 46.  Subsections (5), (6), (10), (11), and (12)

15  of section 373.4149, Florida Statutes, are amended to read:

16         373.4149  Dade County Lake Belt Plan.--

17         (5)  The committee shall develop Phase II of the Lake

18  Belt Plan which shall:

19         (a)  Include a detailed master plan to further

20  implementation;

21         (b)  Further address compatible land uses,

22  opportunities, and potential conflicts;

23         (c)  Provide for additional wellfield protection;

24         (d)  Provide measures to prevent the reclassification

25  of the Northwest Dade County wells as groundwater under the

26  direct influence of surface water;.

27         (e)  Secure additional funding sources; and

28         (f)  Consider the need to establish a land authority;

29  and.

30         (g)  Analyze the hydrological impacts resulting from

31  the future mining included in the Lake Belt Plan and recommend

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  appropriate mitigation measures, if needed, to be incorporated

 2  into the Lake Belt Mitigation Plan.

 3         (6)  The committee shall remain in effect until January

 4  1, 2002 2001, and shall meet as deemed necessary by the chair.

 5  The committee shall monitor and direct progress toward

 6  developing and implementing the plan. The committee shall

 7  submit progress reports to the governing board of the South

 8  Florida Water Management District and the Legislature by

 9  December 31 of each year. These reports shall include a

10  summary of the activities of the committee, updates on all

11  ongoing studies, any other relevant information gathered

12  during the calendar year, and the committee recommendations

13  for legislative and regulatory revisions. The committee shall

14  submit a Phase II report and plan to the governing board of

15  the South Florida Water Management District and the

16  Legislature by December 31, 2000, to supplement the Phase I

17  report submitted on February 28, 1997. The Phase II report

18  must include the detailed master plan for the Dade County Lake

19  Belt Area together with the final reports on all studies, the

20  final recommendations of the committee, the status of

21  implementation of Phase I recommendations and other relevant

22  information, and the committee's recommendation for

23  legislative and regulatory revisions.

24         (10)  The Department of Environmental Protection, in

25  conjunction with the South Florida Water Management District

26  and the Dade County Department of Environmental Resources

27  Management, is directed to develop a comprehensive mitigation

28  plan for the Dade County Lake Belt Plan, subject to approval

29  by the Legislature, which offsets the loss of wetland

30  functions and values resulting from rock mining in

31  mining-supported and allowable areas.

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         (10)(11)  The secretary of the Department of

 2  Environmental Protection, the secretary of the Department of

 3  Community Affairs, the secretary of the Department of

 4  Transportation, the Commissioner of Agriculture, the executive

 5  director of the Game and Freshwater Fish Commission, and the

 6  executive director of the South Florida Water Management

 7  District may enter into agreements with landowners,

 8  developers, businesses, industries, individuals, and

 9  governmental agencies as necessary to effectuate the

10  provisions of this section.

11         (11)(12)(a)  All agencies of the state shall review the

12  status of their landholdings within the boundaries of the Dade

13  County Lake Belt. Those lands for which no present or future

14  use is identified must be made available, together with other

15  suitable lands, to the committee for its use in carrying out

16  the objectives of this act.

17         (b)  It is the intent of the Legislature that lands

18  provided to the committee be used for land exchanges to

19  further the objectives of this act.

20         Section 47.  Section 36, Township 53 South, Range 39

21  East, is excluded from the geographical area described as the

22  Dade County Lake Belt Area and delineated in 373.4149(3),

23  Florida Statutes. Land uses in this excluded area shall be

24  compatible with the Dade County Lake Belt Plan.

25         Section 48.  Subsection (8) is added to section

26  373.421, Florida Statutes, to read:

27         373.421  Delineation methods; formal determinations.--

28         (8)  Whenever the location of a wetland delineation,

29  approved or performed by the department or the district, is

30  certified pursuant to chapter 471 or chapter 472, the

31  delineation shall be accepted as a formal determination

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  pursuant to section 373.421(2) or shall be accepted or as part

 2  of a permit issued pursuant to this part.

 3         Section 49.  Subsections (8) and (9) are added to

 4  section 373.139, Florida Statutes, to read:

 5         (8)  The Legislature declares that the Kissimmee River,

 6  Florida Project as identified in the Project Cooperation

 7  Agreement between the Department of the Army and the South

 8  Florida Water Management District, dated March 22, 1994, and

 9  the C-111 Project as identified in the Central and Southern

10  Florida Flood Control Project Real Estate Design Memorandum

11  Canal 111, South Dade County, Florida are in the public

12  interest, for a public purpose and are necessary for the

13  public health and welfare. The governing board of the district

14  is empowered and authorized to acquire fee title or easement

15  by eminent domain for the limited purpose of implementing the

16  Kissimmee River, Florida Project and the C-111 Project, more

17  fully described above, and the acquisition of real property,

18  including by eminent domain, for these objectives constitutes

19  a public purpose for which it is in the public interest to

20  expend public funds.

21         (9)  Through July 1, 2000, the South Florida Water

22  Management District may disburse state or district funds to

23  any agency or department of the Federal Government in any

24  agreement or arrangement to take property or any interest

25  therein by eminent domain, pursuant to federal law, unless

26  such arrangement diminishes or deprives a person or entity of

27  any right, privilege, or compensation that they would

28  otherwise have if the property or interest was taken by

29  eminent domain under Florida law. This subsection shall not

30  apply to federal grant funds received by the state or

31  district.

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         Section 50.  If any provision of this act or the

 2  application thereof to any person or circumstance is held

 3  invalid, the invalidity shall not affect other provisions or

 4  applications of the act which can be given effect without the

 5  invalid provision or application, and to this end the

 6  provisions of this act are declared severable.

 7         Section 51.  Legislative intent.--The Legislature

 8  recognizes that the purchase of a boat or other waterborne

 9  vessel is a major consumer purchase and that a defective boat

10  or other waterborne vessel creates a hardship for the

11  consumer. The Legislature recognizes that a review of such

12  considerations as industry practices, existing regulations,

13  the extent of consumer abuse or unfair trade practices, if

14  any, and fiscal impact is necessary in order to determine

15  whether adoption of a cost-effective system will benefit the

16  residents of this state.

17         Section 52.  Notwithstanding the proviso language

18  preceding line item 1061 of HB4201 to the contrary, the

19  Florida Boating Advisory Council, in lieu of the Attorney

20  General, shall conduct a series of workshops that shall

21  include broad representation from the marine manufacturing

22  industry and vessel sales and service industry (dealers) and

23  consumers. The Department of Agriculture and Consumer Services

24  shall appoint  representation to the workshops.

25         (2)  By March 1, 1999, the Florida Boating Advisory

26  Council shall report to the Legislature the findings and

27  recommendations resulting from these workshops.

28         (3)  Upon submission of the report to the Legislature,

29  this section shall stand repealed.

30         Section 53.  Paragraph (c) of subsection (1) of section

31  206.606, Florida Statutes, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         206.606  Distribution of certain proceeds.--

 2         (1)  Moneys collected pursuant to ss. 206.41(1)(g) and

 3  206.87(1)(e) shall be deposited in the Fuel Tax Collection

 4  Trust Fund created by s. 206.875. Such moneys, exclusive of

 5  the service charges imposed by s. 215.20, and exclusive of

 6  refunds granted pursuant to s. 206.41, shall be distributed

 7  monthly to the State Transportation Trust Fund, except that:

 8         (c)  $1.5 million per year shall be transferred to the

 9  Board of Regents and shall be spent solely for purposes of s.

10  334.065.

11         Section 54.  When the Department of Transportation

12  receives federal funds through reauthorization of the Federal

13  Intermodal Surface Transportation Efficiency Act, the

14  department shall expend $5,000,000 from the State

15  Transportation Trust fund for Orlando Area Metropolitan

16  Planning Organization project No. 5147232, for the

17  construction of an interchange on Interstate 4 at Conroy Road.

18         Section 55.  This act shall take effect upon becoming a

19  law unless otherwise provided.

20

21

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

23  And the title is amended as follows:

24         Delete everything before the enacting clause

25

26  and insert:

27                      A bill to be entitled

28         An act relating to transportation; creating s.

29         316.0815, F.S.; providing publicly owned

30         transit vehicles right of way when reentering

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

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         authorizing tax collectors to collect driver's

 2         license reinstatement fees; amending s. 318.18,

 3         F.S.; providing that fines for construction

 4         zone speed violations shall be doubled only

 5         under certain circumstances; amending s.

 6         334.0445, F.S.; extending the time period for

 7         the model career service classification and

 8         compensation plan in the Department of

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

10         clarifying the jurisdiction and responsibility

11         for operation and maintenance of roads;

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

13         consultants may be covered by the department's

14         owner controlled insurance plan; amending s.

15         337.185, F.S.; increasing the amount of a

16         contractual claim that goes to the State

17         Arbitration Board; allowing the department to

18         select an alternate to serve as the

19         department's representative on the board;

20         revising compensation for serving on the board;

21         amending the fee schedule for arbitration;

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

23         be brought against the department for the

24         breach of an expressed provision or an implied

25         covenant; providing that no liability may be

26         based on an oral modification of the written

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

28         for intergovernmental indemnification; amending

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

30         Transportation to participate in the cost of

31         clearing and grubbing with utilities prior to

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         construction of a transportation facility;

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

 3         procedures for hardship and protective

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

 5         authorizing the department to restrict the

 6         sale, transfer, lease, or other disposition of

 7         any part of the turnpike system; amending s.

 8         479.01, F.S.; redefining the terms "commercial

 9         or industrial zone" and "unzoned commercial or

10         industrial area" for the purposes of the laws

11         regulating outdoor advertising; providing

12         criteria for an unzoned commercial or

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

14         revising provisions related to reinstatement of

15         expired outdoor advertising permits; amending

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

17         for certain outdoor advertising signs; amending

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

19         seek prosecution against a person for writing a

20         worthless check for a driver's license or

21         identification card;  amending s. 316.003,

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

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

24         specified highways certain commercial vehicles

25         may drive only in certain lanes; amending s.

26         316.1967, F.S.; reduces the number of

27         outstanding parking violations which trigger

28         the county clerk to report to the Department of

29         Highway Safety and Motor Vehicles; amending s.

30         320.01, F.S.; defining the term "agricultural

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

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         a service charge for validation stickers issued

 2         by printer dispenser machines; amending s.

 3         320.055, F.S.; revising registration renewal

 4         period for certain vehicles; providing for

 5         staggered fleet registration; repealing s.

 6         320.065, F.S., relating to the registration of

 7         certain rental trailers for hire and

 8         semitrailers used to haul agricultural

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

10         the term "fleet"; providing registration fees;

11         providing penalties for late or improper

12         registration 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. 334.044, F.S.;

20         providing specific rule-making authority;

21         repealing s. 334.044(15), F.S., relating to

22         certain rulemaking authority in Senate Bill

23         846; providing for application; amending

24         chapter 96-423, Laws of Florida; authorizing

25         the department to sell certain state property

26         and directing the proceeds of the sale to the

27         State Transportation Trust Fund; providing for

28         transfer of funds; amending 206.46, F.S.;

29         creating the Clean Fuel Florida Task Force;

30         providing for appointment of members; providing

31         for meetings and responsibilities; providing

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         purpose; amending s. 320.06, F.S.; authorizing

 2         PRIDE to manufacture and distribute additional

 3         tags and decals; identification card; amending

 4         s. 73.0511, F.S.; providing requirements with

 5         respect to prelitigation; providing

 6         prelitigation notice to fee owners; providing

 7         for prelitigation offer to fee owners;

 8         repealing s. 337.27(2), F.S., which provides

 9         for the acquisition of lands and property;

10         repealing s. 337.271, F.S., which provides for

11         negotiations for acquisitions by the Department

12         of Transportation; repealing s. 348.0008, F.S.,

13         which provides for the acquisition of lands and

14         property in the Florida Expressway Authority

15         Act; repealing s. 348.759(2), F.S., which

16         provides for the acquisition of lands or

17         property by the Orlando-Orange County

18         Expressway Authority; repealing s. 348.957(2),

19         F.S., which provides for the acquisition of

20         lands or property by the Seminole County

21         Expressway Authority; amending s. 253.82, F.S.;

22         providing for all transportation easements

23         acquired under the Murphy Act to be conveyed to

24         the Department of Transportation or the

25         governmental entity currently having title to

26         the adjacent roadway; requiring the

27         establishment of a procedure for review of

28         deeds containing transportation reservations

29         acquired under the Murphy Act; setting

30         requirements for the review process; providing

31         compensation for certain property owners where

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         the reservation denies current economic use of

 2         the property; providing for mediation or

 3         arbitration; amending ss. 712.04, 712.05, F.S.;

 4         providing for the release of certain easements

 5         held by governmental entities; providing for

 6         preservation of certain road easement

 7         reservations scheduled to begin within a

 8         specified period; providing legislative intent;

 9         providing a prohibition of towing under certain

10         circumstances; amending s. 320.0715, F.S.;

11         exempting certain commercial motor vehicles

12         from the International Registration Plan;

13         amending s. 373.4137, F.S.; requiring ongoing

14         annual submissions to the Department of

15         Environmental Protection and water management

16         districts by the Department of Transportation

17         of its adopted work program and inventory of

18         impacted habitats; authorizing inclusion of

19         habitat impacts of future transportation

20         projects; providing activities associated with

21         development of mitigation plans; requiring

22         water management districts to consult with

23         entities operating mitigation banks when

24         developing mitigation plans; providing that a

25         water management district's preliminary

26         approval of a mitigation plan does not

27         constitute a decision affecting substantial

28         interests; requiring mitigation plans to

29         include certain information; authorizing

30         exclusion of certain projects from the

31         environmental impact inventory; extending

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         certain mitigation funding through fiscal year

 2         2004-2005; authorizing amendment of annual

 3         mitigation plans for certain purposes;

 4         providing for uses of funds not directed to

 5         implement mitigation plans; deleting obsolete

 6         provisions relating to a report; amending s. 86

 7         of ch. 93-213, Laws of Florida; deleting a

 8         scheduled repayment of funds previously

 9         appropriated for startup costs of the National

10         Pollutant Discharge Elimination System program;

11         creating s. 373.4139, F.S.; providing

12         legislative findings and intent with respect to

13         a mitigation plan for the Dade County Lake Belt

14         Area to offset the impact of mining activities;

15         imposing a fee on the commercial extraction of

16         limerock and sand from the Dade County Lake

17         Belt Area; requiring the proceeds of the

18         mitigation fee to be paid to the Department of

19         Revenue; providing for transfer of proceeds of

20         the mitigation fee to the South Florida Water

21         Management District and deposited into the Lake

22         Belt Mitigation Trust Fund; providing for the

23         Department of Revenue to administer the

24         collection of the fee; authorizing the

25         department to adopt rules; providing for an

26         annual adjustment of the fee rate after a

27         specified date; specifying purposes for which

28         the proceeds of the mitigation fee may be used;

29         requiring that expenditures be approved by an

30         interagency committee; providing for membership

31         of the committee; providing that payment of the

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         fee satisfies certain requirements for

 2         mitigation; providing for suspension of

 3         imposition of the fee under certain

 4         circumstances; requiring the interagency

 5         committee to submit certain reports; amending

 6         s. 373.4149, F.S.; providing additional

 7         requirements for the Dade County Lake Belt

 8         Plan; extending the term of the Dade County

 9         Lake Belt Plan Implementation Committee;

10         deleting a requirement that the Department of

11         Environmental Protection develop a mitigation

12         plan to offset loss of wetlands due to rock

13         mining; excluding certain property from the

14         Dade County Lake Belt Area; amending s.

15         373.421, F.S.; providing that certain

16         delineations of wetlands shall be accepted as

17         formal determinations or as part of a permit

18         issued under Part IV of ch. 373, F.S.;

19         providing for the adoption of rules; amending

20         s. 373.139, F.S.; allowing the disbursement of

21         certain district funds or assets in eminent

22         domain proceedings under certain circumstances

23         for a specified period; providing standing to

24         sue for certain persons; providing a

25         declaration that the Kissimmee River Project is

26         in the public interest and for a public

27         purpose; authorizing certain eminent domain

28         proceedings; providing severability;

29         establishing legislative intent relating to a

30         review of marine vessel sales and protection of

31         consumers; requiring the Florida Boating

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         Advisory Council to conduct workshops and

 2         report results to the Legislature; providing

 3         for future repeal of workshop provisions;

 4         providing for the expenditure of certain funds

 5         for the construction of an interchange;

 6         amending s. 206.606, F.S.; revising the

 7         distribution of certain fuel tax proceeds;

 8         providing federal funding for an Orlando

 9         interchange project; providing effective dates.

10

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