House Bill hb0261e3

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




                                        CS/HB 261, Third Engrossed



  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         20.23, F.S.; revising language with respect to

  4         the organization of the department; changing

  5         the turnpike district into a turnpike

  6         enterprise; exempting the turnpike enterprise

  7         from department policies, procedures, and

  8         standards, subject to the Secretary of

  9         Transportation's decision to apply such

10         requirements; providing exceptions to said

11         exemptions; giving the secretary authority to

12         promulgate rules under certain conditions that

13         will assist the turnpike enterprise in using

14         best business practices; amending s. 206.46,

15         F.S.; increasing the debt service cap with

16         respect to the State Transportation Trust Fund;

17         amending s. 316.302, F.S.; revising a date

18         concerning commercial motor vehicles to conform

19         to federal regulations; authorizing the

20         department's Motor Carrier Compliance officers,

21         and duly appointed agents holding a safety

22         inspector certification from the Commercial

23         Vehicle Safety Alliance, to stop commercial

24         motor vehicles for inspection of the vehicle

25         and driver's records; providing that other law

26         enforcement officers may enforce commercial

27         motor vehicle regulations under certain

28         conditions; requiring that unsafe vehicles and

29         drivers be removed from service under certain

30         conditions; amending s. 316.3025, F.S.;

31         updating a cross reference to federal trucking


                                  1

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






                                        CS/HB 261, Third Engrossed



  1         regulations; amending s. 316.515, F.S.;

  2         deleting a requirement for a department permit

  3         with respect to the height of automobile

  4         transporters; amending s. 316.535, F.S.; adding

  5         weight requirements for certain commercial

  6         trucks; amending s. 316.545, F.S.; correcting a

  7         cross reference; providing for the discretion

  8         of the department to detain commercial vehicles

  9         until certain penalties are paid; amending s.

10         334.044, F.S.; providing for officers employed

11         by the department's Office of Motor Carrier

12         Compliance and specifying duties and

13         responsibilities of said officers; authorizing

14         appointment of part-time and auxiliary

15         officers; amending s. 337.025, F.S.;

16         eliminating cap on innovative highway projects

17         for the turnpike enterprise; amending s.

18         337.11, F.S.; raising the cap on certain

19         contracts into which the department can enter

20         without first obtaining bids; providing an

21         exemption for a turnpike enterprise project;

22         revising provisions for design-build contracts;

23         amending s. 337.185, F.S.; clarifying

24         application of limitation on certain claims

25         brought before the State Arbitration Board;

26         amending s. 338.22, F.S.; redesignating the

27         Florida Turnpike Law as the Florida Turnpike

28         Enterprise Law; amending s. 338.221, F.S.;

29         amending the term "economically feasible" as

30         used with respect to turnpike projects;

31         creating s. 338.2215, F.S.; providing


                                  2

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






                                        CS/HB 261, Third Engrossed



  1         legislative findings, policy, purpose, and

  2         intent for the Florida Turnpike Enterprise;

  3         creating s. 338.2216, F.S.; prescribing the

  4         power and authority of the turnpike enterprise;

  5         amending s. 338.223, F.S.; increasing the

  6         maximum loan amount for the turnpike

  7         enterprise; amending ss. 338.165 and 338.227,

  8         F.S.; conforming provisions; amending s.

  9         338.234, F.S.; authorizing the turnpike

10         enterprise to expand business opportunities;

11         prohibiting the department from exercising its

12         powers of eminent domain solely to acquire

13         property for business opportunities on the

14         Florida Turnpike; deleting obsolete language;

15         amending s. 338.235, F.S.; authorizing the

16         consideration of goods instead of fees;

17         amending s. 338.239, F.S.; providing that

18         approved expenditure to the Florida Highway

19         Patrol be paid by the turnpike enterprise;

20         amending s. 338.241, F.S.; lowering the

21         required cash reserve for the turnpike

22         enterprise; amending s. 338.251, F.S.;

23         conforming provisions; amending s. 339.135,

24         F.S.; including reference to turnpike

25         enterprise with respect to the tentative work

26         program; revising language with respect to the

27         tentative work program; amending s. 553.80,

28         F.S.; providing for self-regulation of certain

29         construction; creating the "Florida High-Speed

30         Rail Authority Act"; creating s. 341.8201,

31         F.S.; providing a short title; creating s.


                                  3

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






                                        CS/HB 261, Third Engrossed



  1         341.8202, F.S.; providing legislative findings,

  2         policy, purpose, and intent with respect to the

  3         development, design, financing, construction,

  4         and operation of a high-speed rail system in

  5         the state; creating s. 341.8203, F.S.;

  6         providing definitions; amending s. 341.821,

  7         F.S., relating to the creation of the Florida

  8         High-Speed Rail Authority; removing obsolete

  9         provisions; amending s. 341.822, F.S.; revising

10         and providing additional powers and duties of

11         the authority; amending s. 341.823, F.S.;

12         revising the criteria for assessment and

13         recommendations with respect to the

14         establishment of the high-speed rail system;

15         requiring the authority to establish specified

16         requirements; requiring the authority to

17         develop a specified plan, study, and estimates;

18         amending s. 341.824, F.S.; specifying types of

19         technical, scientific, or other assistance to

20         be provided by the Department of Community

21         Affairs and the Department of Environmental

22         Protection; creating s. 341.827, F.S.;

23         providing for determination of service areas

24         and the order of system segment construction;

25         creating s. 341.828, F.S.; authorizing the

26         authority to utilize existing permitting

27         processes; requiring cooperation between the

28         authority and metropolitan planning

29         organizations; creating s. 341.829, F.S.;

30         requiring the authority, in conjunction with

31         the Executive Office of the Governor, the


                                  4

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






                                        CS/HB 261, Third Engrossed



  1         Department of Community Affairs, and the

  2         Department of Environmental Protection, to

  3         develop and implement a process to mitigate and

  4         resolve conflicts between the system and growth

  5         management requirements and environmental

  6         standards; providing time limits for the filing

  7         of and response to specified complaints;

  8         creating s. 341.830, F.S.; authorizing the

  9         authority to employ specified procurement

10         methods; providing for the adoption of rules;

11         authorizing the authority to procure

12         commodities and services for the designing,

13         building, financing, maintenance, operation,

14         and implementation of a high-speed rail system;

15         creating s. 341.831, F.S.; authorizing the

16         authority to prequalify interested persons or

17         entities prior to seeking proposals for the

18         design, construction, operation, maintenance,

19         and financing of the high-speed rail system;

20         providing for the establishment of qualifying

21         criteria; creating s. 341.832, F.S.;

22         authorizing the authority to develop and

23         execute a request for qualifications process;

24         creating s. 341.833, F.S.; authorizing the

25         authority to develop and execute a request for

26         proposals process to seek a person or entity to

27         design, build, operate, maintain, and finance a

28         high-speed rail system; creating s. 341.834,

29         F.S.; providing for award of a conditional

30         contract; providing contract requirements;

31         prohibiting transfer of system property without


                                  5

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






                                        CS/HB 261, Third Engrossed



  1         written approval; creating s. 341.835, F.S.;

  2         authorizing the authority to purchase, lease,

  3         exchange, or acquire land, property, or

  4         buildings necessary to secure or utilize

  5         rights-of-way for high-speed rail system

  6         facilities; providing that the authority is not

  7         subject to specified liability; authorizing the

  8         authority and the Department of Environmental

  9         Protection to enter into certain interagency

10         agreements; providing for the disposal of

11         interest in property; authorizing agents and

12         employees of the authority to enter upon

13         certain property; authorizing the authority to

14         accept donations of real property; creating s.

15         341.836, F.S.; authorizing the authority to

16         undertake the development of associated

17         developments; providing requirements of

18         associated developments; creating s. 341.837,

19         F.S.; providing for payment of expenses

20         incurred in carrying out the act; creating s.

21         341.838, F.S.; authorizing the authority to

22         fix, revise, charge, collect, and adjust rates,

23         rents, fees, charges, and revenues, and to

24         enter into contracts; providing for annual

25         review by the authority of rates, rents, fees,

26         and charges; providing for uses of revenues;

27         creating s. 341.839, F.S.; providing that the

28         act is supplemental and additional to powers

29         conferred by other laws; exempting powers of

30         the authority from specified supervision,

31         approval, or consent; creating s. 341.840,


                                  6

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






                                        CS/HB 261, Third Engrossed



  1         F.S.; providing tax exemptions for property

  2         acquired or used by the authority or specified

  3         income; creating s. 341.841, F.S.; requiring

  4         the authority to prepare and submit a report;

  5         providing for an annual audit; creating s.

  6         341.842, F.S.; providing construction of the

  7         act; amending s. 288.109, F.S.; removing a

  8         cross reference; amending s. 334.30, F.S.;

  9         removing a cross reference; amending s.

10         337.251, F.S.; removing a cross reference;

11         amending s. 341.501, F.S.; providing that

12         specified actions do not apply to the Florida

13         High-Speed Rail Authority Act; repealing s.

14         341.3201, F.S., relating to the short title for

15         ss. 341.3201-341.386, F.S., the "Florida

16         High-Speed Rail Transportation Act"; repealing

17         s. 341.321, F.S., relating to legislative

18         findings, policy, purpose, and intent with

19         respect to the development of a high-speed rail

20         transportation system connecting the major

21         urban areas of the state; repealing s. 341.322,

22         F.S., relating to definitions of terms;

23         repealing s. 341.325, F.S., relating to special

24         powers and duties of the Department of

25         Transportation; repealing s. 341.327, F.S.,

26         which provides that the Florida High-Speed Rail

27         Transportation Act is the sole and exclusive

28         determination of need for any high-speed rail

29         transportation system established under the

30         act, thereby preempting specified

31         determinations of need; repealing s. 341.329,


                                  7

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






                                        CS/HB 261, Third Engrossed



  1         F.S., relating to the issuance of bonds to

  2         finance a high-speed rail transportation

  3         system; repealing s. 341.331, F.S., relating to

  4         designation of the areas of the state to be

  5         served by the high-speed rail transportation

  6         system and designation of termini; repealing s.

  7         341.332, F.S., relating to the award of

  8         franchises by the Department of Transportation

  9         to establish a high-speed rail transportation

10         system; repealing s. 341.3331, F.S., relating

11         to request for proposals; repealing s.

12         341.3332, F.S., relating to notice of issuance

13         of request for proposals; repealing s.

14         341.3333, F.S., relating to requirements with

15         respect to an application for franchise, and

16         confidentiality of the application and portions

17         of the application relating to trade secrets;

18         repealing s. 341.3334, F.S., relating to the

19         departmental review process of application for

20         franchise; repealing s. 341.3335, F.S.,

21         relating to interagency coordination of

22         franchise application review; repealing s.

23         341.3336, F.S., relating to public meetings on

24         franchise applications; repealing s. 341.3337,

25         F.S., relating to determination and award of

26         franchise; repealing s. 341.3338, F.S.,

27         relating to effect of franchise; repealing s.

28         341.3339, F.S., relating to postfranchise

29         agreements; repealing s. 341.334, F.S.,

30         relating to the powers and duties of the

31         Department of Transportation with respect to


                                  8

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






                                        CS/HB 261, Third Engrossed



  1         the act; repealing s. 341.335, F.S., relating

  2         to the powers and duties of the Florida Land

  3         and Water Adjudicatory Commission sitting as

  4         the board; repealing s. 341.336, F.S., relating

  5         to the powers and duties of the Department of

  6         Environmental Protection, the Department of

  7         Community Affairs, and other affected agencies;

  8         repealing s. 341.3365, F.S., relating to

  9         certification procedures; repealing s. 341.342,

10         F.S., relating to agreements concerning

11         contents of certification application and

12         supporting documentation; repealing s. 341.343,

13         F.S., relating to review of certification

14         applications; repealing s. 341.344, F.S.,

15         relating to the establishment, composition,

16         organization, and duties of the Citizens'

17         Planning and Environmental Advisory Committee;

18         repealing s. 341.345, F.S., relating to

19         alternate corridors or transit station

20         locations; repealing s. 341.346, F.S., relating

21         to the powers and duties of an administrative

22         law judge appointed to conduct hearings under

23         the act; repealing s. 341.3465, F.S., relating

24         to alteration of time limitations specified by

25         the act; repealing s. 341.347, F.S., relating

26         to required combined public meetings and land

27         use and zoning hearings to be conducted by

28         local governments; repealing s. 341.348, F.S.,

29         relating to reports and studies required of

30         various agencies by the act; repealing s.

31         341.351, F.S., relating to publication and


                                  9

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






                                        CS/HB 261, Third Engrossed



  1         contents of notice of certification application

  2         and proceedings; repealing s. 341.352, F.S.,

  3         relating to certification hearings; repealing

  4         s. 341.353, F.S., relating to final disposition

  5         of certification applications; repealing s.

  6         341.363, F.S., relating to the effect of

  7         certification; repealing s. 341.364, F.S.,

  8         relating to a franchisee's right to appeal to

  9         the Florida Land and Water Adjudicatory

10         Commission under specified circumstances;

11         repealing s. 341.365, F.S., relating to

12         associated development; repealing s. 341.366,

13         F.S., relating to recording of notice of

14         certified corridor route; repealing s. 341.368,

15         F.S., relating to modification of certification

16         or franchise; repealing s. 341.369, F.S.,

17         relating to fees imposed by the department and

18         the disposition of such fees; repealing s.

19         341.371, F.S., relating to revocation or

20         suspension of franchise or certification;

21         repealing s. 341.372, F.S., relating to

22         imposition by the department of specified

23         administrative fines in lieu of revocation or

24         suspension of franchise; repealing s. 341.375,

25         F.S., relating to the required participation by

26         women, minorities, and economically

27         disadvantaged individuals in all phases of the

28         design, construction, maintenance, and

29         operation of a high-speed rail transportation

30         system developed under the act, and required

31         plans for compliance by franchisees; repealing


                                  10

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






                                        CS/HB 261, Third Engrossed



  1         s. 341.381, F.S., relating to applicability of

  2         the act; repealing s. 341.382, F.S., relating

  3         to laws and regulations superseded by the act;

  4         repealing s. 341.383, F.S., relating to the

  5         authority of local governments to assess

  6         specified fees; repealing s. 341.386, F.S.,

  7         relating to the admissibility of the award of a

  8         franchise and of a certification under the act

  9         in eminent domain proceedings; repealing s. 59,

10         ch. 99-385, Laws of Florida; abrogating the

11         repeal of provisions governing business damages

12         in eminent domain actions; amending s. 73.071,

13         F.S.; providing for the age required of a

14         standing business in order to qualify for

15         business damages; amending s. 163.3177, F.S.;

16         adding airport master plans that have specified

17         components to comprehensive plans; creating

18         exemption to development of regional impact

19         review if certain conditions are met; amending

20         s. 189.441, F.S., relating to contracts with an

21         authority under the Community Improvement

22         Authority Act; removing an exemption from s.

23         287.055, F.S., related to procurement of

24         specified services; amending s. 212.0606, F.S.;

25         requiring proceeds from surcharge in the State

26         Transportation Trust Fund be used to fund

27         district projects; amending s. 215.615, F.S.,

28         relating to funding of fixed-guideway

29         transportation systems; deleting obsolete

30         language; amending s. 255.20, F.S.; exempting

31         certain transportation projects from certain


                                  11

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






                                        CS/HB 261, Third Engrossed



  1         competitive bidding requirements; amending s.

  2         287.055, F.S.; increasing the amount defining a

  3         continuing contract; amending s. 311.09, F.S.;

  4         providing for application of s. 287.055, F.S.,

  5         the Consultants' Competitive Negotiation Act,

  6         to seaports; amending s. 315.02, F.S.;

  7         redefining the terms "unit" and "port

  8         facilities" for purposes of port facilities

  9         financing; including seaport security projects

10         within the meaning of "port facility"; amending

11         s. 315.03, F.S.; authorizing certain entities

12         to participate in certain federal loan

13         programs; providing for oversight by the

14         Florida Seaport Transportation and Economic

15         Development Council; requiring annual reports;

16         requiring legislative review; amending s.

17         316.003, F.S.; revising definition of "motor

18         vehicle"; defining the terms "electric personal

19         assistive mobility device" and "motorized

20         scooter"; creating s. 316.2068, F.S.; providing

21         regulations for electric personal assistive

22         mobility devices; amending s. 316.515, F.S.;

23         revising size requirement provisions for

24         vehicles transporting certain agricultural

25         products; allowing the Department of

26         Transportation to issue permits for certain

27         vehicles; amending s. 316.520, F.S.; exempting

28         certain vehicles from covering requirements;

29         creating s. 316.80, F.S.; establishing

30         penalties for persons who transport motor or

31         diesel fuel in unlawful containers;


                                  12

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






                                        CS/HB 261, Third Engrossed



  1         establishing penalties for use of stolen or

  2         illegal payment access devices; providing for

  3         forfeiture; providing for costs; amending s.

  4         320.08056, F.S.; providing use fees for the

  5         Florida Firefighters license plate and the

  6         Police Benevolent Association license plate;

  7         amending s. 320.08058, F.S.; providing for

  8         creation of the Florida Firefighters license

  9         plate and the Police Benevolent Association

10         license plate; providing for the distribution

11         of use fees received from the sale of such

12         plates; amending s. 332.004, F.S.; revising the

13         definition of "airport or aviation development

14         project" for purposes of the Florida Airport

15         Development and Assistance Act to add certain

16         noise mitigation projects; amending s. 332.007,

17         F.S.; extending expiration date of provisions

18         relating to economic assistance to airports for

19         certain projects; extending due date of certain

20         loans for certain airports; amending s. 333.06,

21         F.S.; adding requirements for an airport master

22         plan; amending s. 334.044, F.S.; authorizing

23         the department to expend money on items that

24         promote scenic highway projects; authorizing

25         the department to delegate its drainage

26         permitting responsibilities to other

27         governmental entities under certain

28         circumstances; amending s. 334.175, F.S.;

29         adding state-registered landscape architects to

30         the list of design professionals who sign,

31         seal, and certify certain Department of


                                  13

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






                                        CS/HB 261, Third Engrossed



  1         Transportation project plans; amending s.

  2         336.41, F.S.; providing for counties to certify

  3         or qualify persons to perform work under

  4         certain contracts; clarifying that a contractor

  5         already qualified by the department is presumed

  6         qualified to perform work described under

  7         contract on county road projects; amending s.

  8         336.44, F.S.; providing that certain contracts

  9         shall be let to the lowest responsible bidder;

10         amending s. 337.14, F.S.; revising provisions

11         for qualifying persons to bid on certain

12         construction contracts; providing for

13         expressway authorities to certify or qualify

14         persons to perform work under certain

15         contracts; clarifying that a contractor

16         qualified by the department is presumed

17         qualified to perform work described under

18         contract on projects for expressway

19         authorities; amending s. 337.401, F.S.;

20         providing that for certain projects under the

21         department's jurisdiction, a utility relocation

22         schedule and relocation agreement may be

23         executed in lieu of a written permit; amending

24         s. 337.408, F.S.; revising language with

25         respect to the regulation of benches, transit

26         shelters, and waste disposal receptacles within

27         rights-of-way; restating the Department of

28         Transportation's rulemaking authority regarding

29         regulation of bus benches; providing for local

30         government regulation of dimensions of bus

31         benches and advertising displays to supersede


                                  14

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






                                        CS/HB 261, Third Engrossed



  1         the department's regulations, in certain

  2         circumstances; requiring approval of Federal

  3         Highway Administration for bus benches and

  4         advertising displays on the National Highway

  5         System; providing for regulation of street

  6         light poles; amending s. 339.12, F.S.;

  7         providing for preference to certain counties

  8         for transportation grants under specified

  9         circumstances; amending s. 339.55, F.S.;

10         providing for state infrastructure bank funds

11         to be spent on intermodal projects; revising

12         criteria for evaluation of projects; amending

13         s. 341.031, F.S.; correcting cross references;

14         amending s. 341.051, F.S., relating to

15         financing of public transit capital projects,

16         and s. 341.053, F.S., relating to projects

17         eligible for funding under the Intermodal

18         Development Program; deleting obsolete

19         language; amending s. 341.501, F.S., relating

20         to high-technology transportation systems;

21         authorizing the department to match funds from

22         other states or jurisdictions for certain

23         purposes; providing criteria; amending s.

24         348.0003, F.S.; authorizing a county governing

25         body to set qualifications, terms of office,

26         and obligations and rights for the members of

27         expressway authorities within their

28         jurisdictions; amending s. 348.0008, F.S.;

29         allowing expressway authorities to acquire

30         certain interests in land; providing for

31         expressway authorities and their agents or


                                  15

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






                                        CS/HB 261, Third Engrossed



  1         employees to access public or private property

  2         for certain purposes; creating s. 348.545,

  3         F.S.; clarifying that the Tampa-Hillsborough

  4         County Expressway Authority may use bond

  5         revenues to finance improvements to toll

  6         facilities, interchanges, and other facilities

  7         related to the expressway system; amending s.

  8         348.565, F.S.; adding the connector highway

  9         linking Lee Roy Selmon Crosstown Expressway to

10         Interstate 4 as an approved project; amending

11         s. 373.4137, F.S.; providing for certain

12         expressway, bridge, or transportation

13         authorities to create environmental impact

14         inventories and participate in a mitigation

15         program to offset adverse impacts caused by

16         their transportation projects; amending s.

17         380.04, F.S.; adding work on rights-of-way

18         pertaining to electricity facilities to the

19         list of activities not defined as "development"

20         for purposes of the Florida Environmental Land

21         and Water Management Act; amending s. 380.06,

22         F.S., relating to development of regional

23         impact; removing a rebuttable presumption with

24         respect to application of the statewide

25         guidelines and standards and revising the fixed

26         thresholds; providing application with respect

27         to developments that have received a

28         development-of-regional-impact development

29         order or that have an application for

30         development approval or notification of

31         proposed change pending; amending s. 768.28,


                                  16

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






                                        CS/HB 261, Third Engrossed



  1         F.S.; providing that certain operators,

  2         dispatchers, and security providers for rail

  3         services and certain rail facility maintenance

  4         providers in a specified area or for the

  5         Tri-County Commuter Rail Authority or the

  6         Department of Transportation are agents of the

  7         state under specified circumstances; creating

  8         the Dori Slosberg Driver Education Safety Act;

  9         authorizing a board of county commissioners to

10         require an additional amount to be collected

11         with each civil traffic penalty to be used to

12         fund traffic education programs in public and

13         nonpublic schools; providing for administration

14         of funds collected; restricting use of said

15         funds; amending s. 2 of chapter 88-418, Laws of

16         Florida, relating to Crandon Boulevard;

17         allowing expenditure of public funds for

18         modifications to provide access for

19         governmental public safety vehicles; amending

20         s. 212.055, F.S.; removing a limitation on

21         which charter counties may levy a charter

22         county transit surtax; amending s. 316.006,

23         F.S.; authorizing the installation of

24         multiparty stop signs on certain roads;

25         providing guidelines for the installation of

26         such signage; amending s. 316.066, F.S.;

27         providing for access to vehicle crash reports

28         by local, state, and federal entities under

29         certain circumstances; requiring said entities

30         to maintain confidential status of such

31         reports; amending s. 316.1975, F.S.; exempting


                                  17

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






                                        CS/HB 261, Third Engrossed



  1         operators of solid waste and recovered

  2         materials vehicles from provisions regarding

  3         unattended motor vehicles under certain

  4         circumstances; creating s. 316.2127, F.S.;

  5         providing for operation of utility vehicles on

  6         city streets, county roads, or the State

  7         Highway System under certain circumstances;

  8         amending s. 316.304, F.S.; revising

  9         requirements regarding the wearing of headsets

10         while operating a vehicle; amending s. 316.520,

11         F.S.; exempting certain vehicles carrying

12         agricultural products; providing for criminal

13         penalties for failure to secure loads on

14         vehicles under certain circumstances; amending

15         s. 316.640, F.S.; revising traffic law

16         enforcement authority of university police

17         officers; revising traffic law enforcement

18         authority of officers of the office of

19         agricultural law enforcement  revising the

20         powers and duties of traffic crash

21         investigation officers; amending s. 318.18,

22         F.S.; providing for assessment of doubled fines

23         for speeding in toll collection zones;

24         providing a minimum penalty for violations of

25         s. 316.520, F.S.; amending s. 318.19, F.S.;

26         providing a mandatory hearing for violations of

27         s. 316.520, F.S.; revising traffic law

28         enforcement authority of the Office of

29         Agricultural Law Enforcement; amending s.

30         322.056, F.S.; authorizing the court to direct

31         the Department of Highway Safety and Motor


                                  18

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






                                        CS/HB 261, Third Engrossed



  1         Vehicles to issue a driver's license restricted

  2         to business or employment purposes only to

  3         certain persons under age 18 found guilty of

  4         certain alcohol, drug, or tobacco offenses;

  5         amending s. 570.073, F.S.; revising the powers

  6         and duties of the Office of Agricultural Law

  7         Enforcement; amending s. 319.23, F.S.;

  8         requiring the Department of Highway Safety and

  9         Motor Vehicles to retain certain evidence of

10         title; amending s. 319.28, F.S.; revising

11         requirements for processing an application for

12         title based on a contractual default; amending

13         s. 319.33, F.S.; revising the elements of the

14         offense of possessing, selling or offering for

15         sale, concealing, or disposing of a motor

16         vehicle or mobile home, or major component part

17         thereof, on which the motor number or vehicle

18         identification number has been destroyed,

19         removed, covered, altered, or defaced;

20         providing penalties; amending s. 320.025, F.S.;

21         providing for confidential registration and

22         issuance under fictitious name of decals for

23         vessels operated by a law enforcement agency;

24         requiring registration number and decal to be

25         affixed to such vessel; amending s. 320.05,

26         F.S.; providing for release of vessel

27         registration information; providing exceptions;

28         amending s. 320.055, F.S.; providing

29         registration period for certain nonapportioned

30         vehicles; amending s. 320.06, F.S.; revising

31         form of license plate validation stickers;


                                  19

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






                                        CS/HB 261, Third Engrossed



  1         reducing the number of required validation

  2         stickers per plate; amending s. 320.0805, F.S.;

  3         reducing the timeframe for a personalized

  4         license plate to remain out of circulation

  5         prior to reassignment; amending s. 320.083,

  6         F.S.; revising requirements for the Amateur

  7         Radio Operator specialty license plate;

  8         amending s. 320.0848, F.S.; revising fees for

  9         the 4-year disabled parking permit and renewal

10         permit; amending s. 320.089, F.S.; revising

11         weight restriction for the Ex-POW and Purple

12         Heart license plates; amending s. 321.02, F.S.;

13         providing for colors for use on Florida Highway

14         Patrol motor vehicles and motorcycles; amending

15         s. 322.051, F.S.; requiring acceptance of the

16         Florida identification card as proof of

17         identification by persons accepting the Florida

18         driver license as proof of identification;

19         amending s. 860.20, F.S.; revising provisions

20         relating to the issuance of serial numbers on

21         certain vessel motors; providing a date by

22         which automotive service technology education

23         programs must be industry certified; amending

24         s. 319.30, F.S.; redefining the term "total

25         loss"; creating s. 319.41, F.S.; providing for

26         a searchable database of title history;

27         amending s. 316.003, F.S.; providing that

28         certain vehicles of the Department of Health

29         are authorized emergency vehicles; amending s.

30         316.2397, F.S.; authorizing emergency response

31         vehicles of the Department of Health to use red


                                  20

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






                                        CS/HB 261, Third Engrossed



  1         flashing lights; amending s. 348.7543, F.S.;

  2         specifying the revenue bonds that may be used

  3         to finance certain improvements to the

  4         Orlando-Orange County Expressway Authority;

  5         amending s. 348.7545, F.S.; authorizing the

  6         authority to refinance the Western Beltway Part

  7         C; amending s. 348.755, F.S.; prescribing

  8         additional authority to issue bonds by or on

  9         behalf of the authority; prescribing a

10         condition on issuance of bonds by the

11         authority; amending s. 348.765, F.S.; restating

12         the authority's exemption from certain

13         provisions relating to issuance of bonds by

14         state agencies; providing for earlier effect

15         and retroactive application of s. 197.1722,

16         F.S.; relating to a limited waiver of certain

17         mandatory charges and interest on certain real

18         property taxes; providing an effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Subsection (4) of section 20.23, Florida

23  Statutes, is amended to read:

24         20.23  Department of Transportation.--There is created

25  a Department of Transportation which shall be a decentralized

26  agency.

27         (4)(a)  The operations of the department shall be

28  organized into seven eight districts, including a turnpike

29  district, each headed by a district secretary and a turnpike

30  enterprise, headed by an executive director. The district

31  secretaries shall report to the Assistant Secretary for


                                  21

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






                                        CS/HB 261, Third Engrossed



  1  District Operations. The headquarters of the districts shall

  2  be located in Polk, Columbia, Washington, Broward, Volusia,

  3  Dade, and Hillsborough, and Leon Counties. The headquarters of

  4  the turnpike enterprise shall be located in Orange County. The

  5  turnpike district must be relocated to Orange County in the

  6  year 2000. In order to provide for efficient operations and to

  7  expedite the decisionmaking process, the department shall

  8  provide for maximum decentralization to the districts.

  9  However, before making a decision to centralize or

10  decentralize department operations or relocate the turnpike

11  district, the department must first determine if the decision

12  would be cost-effective and in the public's best interest. The

13  department shall periodically evaluate such decisions to

14  ensure that they are appropriate.

15         (b)  The primary responsibility for the implementation

16  of the department's transportation programs shall be delegated

17  by the secretary to the district secretaries, and sufficient

18  authority shall be vested in each district to ensure adequate

19  control of the resources commensurate with the delegated

20  responsibility.  Each district secretary shall also be

21  accountable for ensuring their district's quality of

22  performance and compliance with all laws, rules, policies, and

23  procedures related to the operation of the department.

24         (c)  Each district secretary may appoint a district

25  director for planning and programming, a district director for

26  production, and a district director for operations. These

27  positions are exempt from part II of chapter 110.

28         (d)  Within each district, offices shall be established

29  for managing major functional responsibilities of the

30  department. The offices may include planning, design,

31  construction, right-of-way, maintenance, and public


                                  22

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






                                        CS/HB 261, Third Engrossed



  1  transportation.  The heads of these offices shall be exempt

  2  from part II of chapter 110.

  3         (e)  The district director for the Fort Myers Urban

  4  Office of the Department of Transportation is responsible for

  5  developing the 5-year Transportation Plan for Charlotte,

  6  Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort

  7  Myers Urban Office also is responsible for providing policy,

  8  direction, local government coordination, and planning for

  9  those counties.

10         (f)1.  The responsibility for the turnpike system shall

11  be delegated by the secretary to the executive director of the

12  turnpike enterprise, who shall serve at the pleasure of the

13  secretary. The executive director shall report directly to the

14  secretary, and the turnpike enterprise shall operate pursuant

15  to ss. 338.22-338.241.

16         2.  To facilitate the most efficient and effective

17  management of the turnpike enterprise, including the use of

18  best business practices employed by the private sector, the

19  turnpike enterprise, except as provided in s. 287.055, shall

20  be exempt from departmental policies, procedures, and

21  standards, subject to the secretary having the authority to

22  apply any such policies, procedures, and standards to the

23  turnpike enterprise from time to time as deemed appropriate. 

24         Section 2.  Subsection (2) of section 206.46, Florida

25  Statutes, is amended to read:

26         206.46  State Transportation Trust Fund.--

27         (2)  Notwithstanding any other provisions of law, from

28  the revenues deposited into the State Transportation Trust

29  Fund a maximum of 7 percent in each fiscal year shall be

30  transferred into the Right-of-Way Acquisition and Bridge

31  Construction Trust Fund created in s. 215.605, as needed to


                                  23

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






                                        CS/HB 261, Third Engrossed



  1  meet the requirements of the documents authorizing the bonds

  2  issued or proposed to be issued under ss. 215.605 and 337.276

  3  or at a minimum amount sufficient to pay for the debt service

  4  coverage requirements of outstanding bonds.  Notwithstanding

  5  the 7 percent annual transfer authorized in this subsection,

  6  the annual amount transferred under this subsection shall not

  7  exceed an amount necessary to provide the required debt

  8  service coverage levels for a maximum debt service not to

  9  exceed $200 $135 million.  Such transfer shall be payable

10  primarily from the motor and diesel fuel taxes transferred to

11  the State Transportation Trust Fund from the Fuel Tax

12  Collection Trust Fund.

13         Section 3.  Paragraph (b) of subsection (1) and

14  subsection (8) of section 316.302, Florida Statutes, are

15  amended to read:

16         316.302  Commercial motor vehicles; safety regulations;

17  transporters and shippers of hazardous materials;

18  enforcement.--

19         (1)

20         (b)  Except as otherwise provided in this section, all

21  owners or drivers of commercial motor vehicles that are

22  engaged in intrastate commerce are subject to the rules and

23  regulations contained in 49 C.F.R. parts 382, 385, and

24  390-397, with the exception of 49 C.F.R. s. 390.5 as it

25  relates to the definition of bus, as such rules and

26  regulations existed on October 1, 2001 March 1, 1999.

27         (8)  For the purpose of enforcing this section, any law

28  enforcement officer agent of the Department of Transportation

29  or duly appointed agent who holds a current safety inspector

30  certification from the Commercial Vehicle Safety Alliance may

31  require the driver of any commercial vehicle operated on the


                                  24

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






                                        CS/HB 261, Third Engrossed



  1  highways of this state to stop and submit to an inspection of

  2  the vehicle or the driver's records described in s.

  3  316.545(9), any member of the Florida Highway Patrol, or any

  4  person employed by a sheriff's office or municipal police

  5  department who is authorized to enforce the traffic laws of

  6  this state pursuant to s. 316.640 may enforce the provisions

  7  of this section.  Any officer of the Department of

  8  Transportation described in s. 316.545(9), any member of the

  9  Florida Highway Patrol, or any law enforcement officer

10  employed by a sheriff's office or municipal police department

11  authorized to enforce the traffic laws of this state pursuant

12  to s. 316.640, who has reason to believe that a vehicle or

13  driver is operating in an unsafe condition, may require the

14  driver to stop and submit to an inspection of the vehicle or

15  the driver's records.  Any person who fails to comply with an

16  officer's request to submit to an inspection under this

17  subsection is guilty of a violation of s. 843.02 if the driver

18  resists the officer without violence or a violation of s.

19  843.01 if the driver resists the officer with violence.  If

20  the vehicle or driver is found to be operating in an unsafe

21  condition, or if any required part or equipment is not present

22  or is not in proper repair or adjustment, and the continued

23  operation would probably present an unduly hazardous operating

24  condition, the officer may require the vehicle or the driver

25  to be removed from service pursuant to the North American

26  Uniform Out-of-Service Criteria, until corrected. However, if

27  continuous operation would not present an unduly hazardous

28  operating condition, the officer may give written notice

29  requiring correction of the condition to require proper repair

30  and adjustment of the vehicle within 14 days.

31


                                  25

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






                                        CS/HB 261, Third Engrossed



  1         (a)  Any member of the Florida Highway Patrol or any

  2  law enforcement officer employed by a sheriff's office or

  3  municipal police department authorized to enforce the traffic

  4  laws of this state pursuant to s. 316.640 who has reason to

  5  believe that a vehicle or driver is operating in an unsafe

  6  condition may, as provided in subsection (10), enforce the

  7  provisions of this section.

  8         (b)  Any person who fails to comply with an officer's

  9  request to submit to an inspection under this subsection

10  commits a violation of s. 843.02 if the person resists the

11  officer without violence or a violation of s. 843.01 if the

12  person resists the officer with violence.

13         Section 4.  Paragraph (a) of subsection (3) of section

14  316.3025, Florida Statutes, is amended to read:

15         316.3025  Penalties.--

16         (3)(a)  A civil penalty of $50 may be assessed for a

17  violation of 49 C.F.R. s. 390.21 s. 316.3027.

18         Section 5.  Subsection (2) of section 316.515, Florida

19  Statutes, is amended to read:

20         316.515  Maximum width, height, length.--

21         (2)  HEIGHT LIMITATION.--No vehicle may exceed a height

22  of 13 feet 6 inches, inclusive of load carried thereon.

23  However, an automobile transporter may, with a permit from the

24  Department of Transportation, measure a height not to exceed

25  14 feet, inclusive of the load carried thereon.

26         Section 6.  Subsection (6) of section 316.535, Florida

27  Statutes, is renumbered as subsection (7), present subsection

28  (7) is renumbered as subsection (8) and amended, and a new

29  subsection (6) is added to said section, to read:

30         316.535  Maximum weights.--

31


                                  26

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






                                        CS/HB 261, Third Engrossed



  1         (6)  Dump trucks, concrete mixing trucks, trucks

  2  engaged in waste collection and disposal, and fuel oil and

  3  gasoline trucks designed and constructed for special type work

  4  or use, when operated as a single unit, shall be subject to

  5  all safety and operational requirements of law, except that

  6  any such vehicle need not conform to the axle spacing

  7  requirements of this section provided that such vehicle shall

  8  be limited to a total gross load, including the weight of the

  9  vehicle, of 20,000 pounds per axle plus scale tolerances and

10  shall not exceed 550 pounds per inch width tire surface plus

11  scale tolerances. No vehicle operating pursuant to this

12  section shall exceed a gross weight, including the weight of

13  the vehicle and scale tolerances, of 70,000 pounds. Any

14  vehicle violating the weight provisions of this section shall

15  be penalized as provided in s. 316.545.

16         (7)(6)  The Department of Transportation shall adopt

17  rules to implement this section, shall enforce this section

18  and the rules adopted hereunder, and shall publish and

19  distribute tables and other publications as deemed necessary

20  to inform the public.

21         (8)(7)  Except as hereinafter provided, no vehicle or

22  combination of vehicles exceeding the gross weights specified

23  in subsections (3), (4), and (5), and (6) shall be permitted

24  to travel on the public highways within the state.

25         Section 7.  Paragraph (a) of subsection (2) and

26  paragraph (a) of subsection (4) of section 316.545, Florida

27  Statutes, are amended to read:

28         316.545  Weight and load unlawful; special fuel and

29  motor fuel tax enforcement; inspection; penalty; review.--

30         (2)(a)  Whenever an officer, upon weighing a vehicle or

31  combination of vehicles with load, determines that the axle


                                  27

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






                                        CS/HB 261, Third Engrossed



  1  weight or gross weight is unlawful, the officer may require

  2  the driver to stop the vehicle in a suitable place and remain

  3  standing until a determination can be made as to the amount of

  4  weight thereon and, if overloaded, the amount of penalty to be

  5  assessed as provided herein. However, any gross weight over

  6  and beyond 6,000 pounds beyond the maximum herein set shall be

  7  unloaded and all material so unloaded shall be cared for by

  8  the owner or operator of the vehicle at the risk of such owner

  9  or operator.  Except as otherwise provided in this chapter, to

10  facilitate compliance with and enforcement of the weight

11  limits established in s. 316.535, weight tables published

12  pursuant to s. 316.535(7)(6) shall include a 10-percent scale

13  tolerance and shall thereby reflect the maximum scaled weights

14  allowed any vehicle or combination of vehicles.  As used in

15  this section, scale tolerance means the allowable deviation

16  from legal weights established in s. 316.535.  Notwithstanding

17  any other provision of the weight law, if a vehicle or

18  combination of vehicles does not exceed the gross, external

19  bridge, or internal bridge weight limits imposed in s. 316.535

20  and the driver of such vehicle or combination of vehicles can

21  comply with the requirements of this chapter by shifting or

22  equalizing the load on all wheels or axles and does so when

23  requested by the proper authority, the driver shall not be

24  held to be operating in violation of said weight limits.

25         (4)(a)  No commercial vehicle, as defined in s.

26  316.003(66), shall be operated over the highways of this state

27  unless it has been properly registered under the provisions of

28  s. 207.004. Whenever any law enforcement officer identified in

29  s. 207.023(1), upon inspecting the vehicle or combination of

30  vehicles, determines that the vehicle is in violation of s.

31  207.004, a penalty in the amount of $50 shall be assessed, and


                                  28

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






                                        CS/HB 261, Third Engrossed



  1  the vehicle may shall be detained until payment is collected

  2  by the law enforcement officer.

  3         Section 8.  Subsection (31) is added to section

  4  334.044, Florida Statutes, to read:

  5         334.044  Department; powers and duties.--The department

  6  shall have the following general powers and duties:

  7         (31)  In order to fulfill the department's mission to

  8  provide a safe and efficient transportation system, the

  9  department's Office of Motor Carrier Compliance may employ

10  sworn law enforcement officers, certified in accordance with

11  chapter 943, to enforce the traffic and criminal laws of this

12  state. Such officers shall have full law enforcement powers

13  granted to other peace officers of this state, including

14  making arrests, carrying firearms, serving court process, and

15  seizing vehicles defined as contraband under s. 319.33,

16  illegal drugs, stolen property, and the proceeds of illegal

17  activities. Officers appointed under this section have the

18  primary responsibility for enforcing laws relating to size and

19  weight of commercial motor vehicles; safety, traffic, tax, and

20  registration of commercial motor vehicles; interdiction of

21  vehicles defined as contraband under s. 319.33, illegal drugs,

22  and stolen property; and violations that threaten the overall

23  security and safety of Florida's transportation infrastructure

24  and the motoring public. The office is also authorized to

25  appoint part-time or auxiliary law enforcement officers

26  pursuant to chapter 943 and to provide compensation in

27  accordance with law.

28         Section 9.  Section 337.025, Florida Statutes, is

29  amended to read:

30         337.025  Innovative highway projects; department to

31  establish program.--The department is authorized to establish


                                  29

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






                                        CS/HB 261, Third Engrossed



  1  a program for highway projects demonstrating innovative

  2  techniques of highway construction, maintenance, and finance

  3  which have the intended effect of controlling time and cost

  4  increases on construction projects.  Such techniques may

  5  include, but are not limited to, state-of-the-art technology

  6  for pavement, safety, and other aspects of highway

  7  construction and maintenance; innovative bidding and financing

  8  techniques; accelerated construction procedures; and those

  9  techniques that have the potential to reduce project life

10  cycle costs.  To the maximum extent practical, the department

11  must use the existing process to award and administer

12  construction and maintenance contracts.  When specific

13  innovative techniques are to be used, the department is not

14  required to adhere to those provisions of law that would

15  prevent, preclude, or in any way prohibit the department from

16  using the innovative technique.  However, prior to using an

17  innovative technique that is inconsistent with another

18  provision of law, the department must document in writing the

19  need for the exception and identify what benefits the

20  traveling public and the affected community are anticipated to

21  receive. The department may enter into no more than $120

22  million in contracts annually for the purposes authorized by

23  this section. However, the annual cap on contracts provided in

24  this section shall not apply to turnpike enterprise projects

25  nor shall turnpike enterprise projects be counted toward the

26  department's annual cap.

27         Section 10.  Paragraph (c) of subsection (3) and

28  paragraph (c) of subsection (6) of section 337.11, Florida

29  Statutes, are amended to read:

30         337.11  Contracting authority of department; bids;

31  emergency repairs, supplemental agreements, and change orders;


                                  30

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






                                        CS/HB 261, Third Engrossed



  1  combined design and construction contracts; progress payments;

  2  records; requirements of vehicle registration.--

  3         (3)

  4         (c)  No advertisement for bids shall be published and

  5  no bid solicitation notice shall be provided until title to

  6  all necessary rights-of-way and easements for the construction

  7  of the project covered by such advertisement or notice has

  8  vested in the state or a local governmental entity, and all

  9  railroad crossing and utility agreements have been executed.

10  The turnpike enterprise is exempt from this paragraph for a

11  turnpike enterprise project. Title to all necessary

12  rights-of-way shall be deemed to have been vested in the State

13  of Florida when such title has been dedicated to the public or

14  acquired by prescription.

15         (6)

16         (c)  When the department determines that it is in the

17  best interest of the public for reasons of public concern,

18  economy, improved operations or safety, and only when

19  circumstances dictate rapid completion of the work, the

20  department may, up to the threshold amount of $120,000

21  provided in s. 287.017 for CATEGORY FOUR, enter into contracts

22  for construction and maintenance without advertising and

23  receiving competitive bids. However, if legislation is enacted

24  by the Legislature which changes the category thresholds, the

25  threshold amount shall remain at $60,000. The department may

26  enter into such contracts only upon a determination that the

27  work is necessary for one of the following reasons:

28         1.  To ensure timely completion of projects or

29  avoidance of undue delay for other projects;

30

31


                                  31

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






                                        CS/HB 261, Third Engrossed



  1         2.  To accomplish minor repairs or construction and

  2  maintenance activities for which time is of the essence and

  3  for which significant cost savings would occur; or

  4         3.  To accomplish nonemergency work necessary to ensure

  5  avoidance of adverse conditions that affect the safe and

  6  efficient flow of traffic.

  7

  8  The department shall make a good faith effort to obtain two or

  9  more quotes, if available, from qualified contractors before

10  entering into any contract. The department shall give

11  consideration to disadvantaged business enterprise

12  participation. However, when the work exists within the limits

13  of an existing contract, the department shall make a good

14  faith effort to negotiate and enter into a contract with the

15  prime contractor on the existing contract.

16         Section 11.  Effective July 1, 2003, paragraph (a) of

17  subsection (7) of section 337.11, Florida Statutes, as amended

18  by section 4 of chapter 2001-350, Laws of Florida, is amended

19  to read:

20         337.11  Contracting authority of department; bids;

21  emergency repairs, supplemental agreements, and change orders;

22  combined design and construction contracts; progress payments;

23  records; requirements of vehicle registration.--

24         (7)(a)  If the head of the department determines that

25  it is in the best interests of the public, the department may

26  combine the right-of-way services and design and construction

27  phases of a building, a major bridge, a limited access

28  facility, or a rail corridor project into a single contract.

29  Such contract is referred to as a design-build contract.

30  Design-build contracts may be advertised and awarded

31  notwithstanding the requirements of paragraph (3)(c). However,


                                  32

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






                                        CS/HB 261, Third Engrossed



  1  construction activities may not begin on any portion of such

  2  projects until title to the necessary rights-of-way and

  3  easements for the construction of that portion of the project

  4  has vested in the state or a local governmental entity and all

  5  railroad crossing and utility agreements have been executed.

  6  Title to rights-of-way vests in the state when the title has

  7  been dedicated to the public or acquired by prescription.

  8         Section 12.  Effective July 1, 2005, paragraph (a) of

  9  subsection (7) of section 337.11, Florida Statutes, as amended

10  by this act, is amended to read:

11         337.11  Contracting authority of department; bids;

12  emergency repairs, supplemental agreements, and change orders;

13  combined design and construction contracts; progress payments;

14  records; requirements of vehicle registration.--

15         (7)(a)  If the head of the department determines that

16  it is in the best interests of the public, the department may

17  combine the right-of-way services and design and construction

18  phases of a building, a major bridge, a limited access

19  facility, or a rail corridor project into a single contract.

20  Such contract is referred to as a design-build contract.

21  Design-build contracts may be advertised and awarded

22  notwithstanding the requirements of paragraph (3)(c). However,

23  construction activities may not begin on any portion of such

24  projects until title to the necessary rights-of-way and

25  easements for the construction of that portion of the project

26  has vested in the state or a local governmental entity and all

27  railroad crossing and utility agreements have been executed.

28  Title to rights-of-way vests in the state when the title has

29  been dedicated to the public or acquired by prescription.

30         Section 13.  Subsection (3) of section 337.185, Florida

31  Statutes, is amended to read:


                                  33

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






                                        CS/HB 261, Third Engrossed



  1         337.185  State Arbitration Board.--

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

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

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

  5  arbitration.  The request is to be made to the board within

  6  820 days after the final acceptance of the work for all

  7  contracts entered into after June 30, 1993. The board shall

  8  conduct the hearing within 45 days of the request.  The party

  9  requesting the board's consideration shall give notice of the

10  hearing to each member.  If the board finds that a third party

11  is necessary to resolve the dispute, the board may vote to

12  dismiss the claim, which may thereafter be pursued in

13  accordance with the laws of the State of Florida.

14         Section 14.  Subsection (7) of section 338.165, Florida

15  Statutes, is amended to read:

16         338.165  Continuation of tolls.--

17         (7)  This section does not apply to the turnpike system

18  as defined under the Florida Turnpike Enterprise Law.

19         Section 15.  Section 338.22, Florida Statutes, is

20  amended to read:

21         338.22  Florida Turnpike Enterprise Law; short

22  title.--Sections 338.22-338.241 may be cited as the "Florida

23  Turnpike Enterprise Law."

24         Section 16.  Section 338.221, Florida Statutes, is

25  amended to read:

26         338.221  Definitions of terms used in ss.

27  338.22-338.241.--As used in ss. 338.22-338.241, the following

28  words and terms have the following meanings, unless the

29  context indicates another or different meaning or intent:

30         (1)  "Bonds" or "revenue bonds" means notes, bonds,

31  refunding bonds or other evidences of indebtedness or


                                  34

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






                                        CS/HB 261, Third Engrossed



  1  obligations, in either temporary or definitive form, issued by

  2  the Division of Bond Finance on behalf of the department and

  3  authorized under the provisions of ss. 338.22-338.241 and the

  4  State Bond Act.

  5         (2)  "Cost," as applied to a turnpike project, includes

  6  the cost of acquisition of all land, rights-of-way, property,

  7  easements, and interests acquired by the department for

  8  turnpike project construction; the cost of such construction;

  9  the cost of all machinery and equipment, financing charges,

10  fees, and expenses related to the financing; establishment of

11  reserves to secure bonds; interest prior to and during

12  construction and for such period after completion of

13  construction as shall be determined by the department; the

14  cost of traffic estimates and of engineering and legal

15  expenses, plans, specifications, surveys, estimates of cost

16  and revenues; other expenses necessary or incident to

17  determining the feasibility or practicability of acquiring or

18  constructing any such turnpike project; administrative

19  expenses; and such other expenses as may be necessary or

20  incident to the acquisition or construction of a turnpike

21  project, the financing of such acquisition or construction,

22  and the placing of the turnpike project in operation.

23         (3)  "Feeder road" means any road no more than 5 miles

24  in length, connecting to the turnpike system which the

25  department determines is necessary to create or facilitate

26  access to a turnpike project.

27         (4)  "Owner" includes any person or any governmental

28  entity that has title to, or an interest in, any property,

29  right, easement, or interest authorized to be acquired

30  pursuant to ss. 338.22-338.241.

31


                                  35

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






                                        CS/HB 261, Third Engrossed



  1         (5)  "Revenues" means all tolls, charges, rentals,

  2  gifts, grants, moneys, and other funds coming into the

  3  possession, or under the control, of the department by virtue

  4  of the provisions hereof, except the proceeds from the sale of

  5  bonds issued under ss. 338.22-338.241.

  6         (6)  "Turnpike system" means those limited access toll

  7  highways and associated feeder roads and other structures,

  8  appurtenances, or rights previously designated, acquired, or

  9  constructed pursuant to the Florida Turnpike Enterprise Law

10  and such other additional turnpike projects as may be acquired

11  or constructed as approved by the Legislature.

12         (7)  "Turnpike improvement" means any betterment

13  necessary or desirable for the operation of the turnpike

14  system, including, but not limited to, widenings, the addition

15  of interchanges to the existing turnpike system, resurfacings,

16  toll plazas, machinery, and equipment.

17         (8)  "Economically feasible" means:

18         (a)  For a proposed turnpike project, that, as

19  determined by the department before the issuance of revenue

20  bonds for the project, the estimated net revenues of the

21  proposed turnpike project, excluding feeder roads and turnpike

22  improvements, will be sufficient to pay at least 50 percent of

23  the debt service on the bonds by the end of the 12th 5th year

24  of operation and to pay at least 100 percent of the debt

25  service on the bonds by the end of the 22nd 15th year of

26  operation.  In implementing this paragraph, up to 50 percent

27  of the adopted work program costs of the project may be funded

28  from turnpike revenues.

29         (b)  For turnpike projects, except for feeder roads and

30  turnpike improvements, financed from revenues of the turnpike

31  system, such project, or such group of projects, originally


                                  36

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






                                        CS/HB 261, Third Engrossed



  1  financed from revenues of the turnpike system, that the

  2  project is expected to generate sufficient revenues to

  3  amortize project costs within 15 years of opening to traffic.

  4

  5  This subsection does not prohibit the pledging of revenues

  6  from the entire turnpike system to bonds issued to finance or

  7  refinance a turnpike project or group of turnpike projects.

  8         (9)  "Turnpike project" means any extension to or

  9  expansion of the existing turnpike system and new limited

10  access toll highways and associated feeder roads and other

11  structures, interchanges, appurtenances, or rights as may be

12  approved in accordance with the Florida Turnpike Enterprise

13  Law.

14         (10)  "Statement of environmental feasibility" means a

15  statement by the Department of Environmental Protection of the

16  project's significant environmental impacts.

17         Section 17.  Section 338.2215, Florida Statutes, is

18  created to read:

19         338.2215  Florida Turnpike Enterprise; legislative

20  findings, policy, purpose, and intent.--It is the intent of

21  the Legislature that the turnpike enterprise be provided

22  additional powers and authority in order to maximize the

23  advantages obtainable through fully leveraging the Florida

24  Turnpike System asset.  The additional powers and authority

25  will provide the turnpike enterprise with the autonomy and

26  flexibility to enable it to more easily pursue innovations as

27  well as best practices found in the private sector in

28  management, finance, organization, and operations. The

29  additional powers and authority are intended to improve

30  cost-effectiveness and timeliness of project delivery,

31  increase revenues, expand the turnpike system's capital


                                  37

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






                                        CS/HB 261, Third Engrossed



  1  program capability, and improve the quality of service to its

  2  patrons, while continuing to protect the turnpike system's

  3  bondholders and further preserve, expand, and improve the

  4  Florida Turnpike System.

  5         Section 18.  Section 338.2216, Florida Statutes, is

  6  created to read:

  7         338.2216  Florida Turnpike Enterprise; powers and

  8  authority.--

  9         (1)(a)  In addition to the powers granted to the

10  department, the Florida Turnpike Enterprise has full authority

11  to exercise all powers granted to it under this chapter.

12  Powers shall include, but are not limited to, the ability to

13  plan, construct, maintain, repair, and operate the Florida

14  Turnpike System.

15         (b)  It is the express intention of this part that the

16  Florida Turnpike Enterprise be authorized to plan, develop,

17  own, purchase, lease, or otherwise acquire, demolish,

18  construct, improve, relocate, equip, repair, maintain,

19  operate, and manage the Florida Turnpike System; to expend

20  funds to publicize, advertise, and promote the advantages of

21  using the turnpike system and its facilities; and to

22  cooperate, coordinate, partner, and contract with other

23  entities, public and private, to accomplish these purposes.

24         (c)  The executive director of the turnpike enterprise

25  shall appoint a staff, which shall be exempt from part II of

26  chapter 110. Among the staff shall be chief financial officer,

27  who must be a proven, effective administrator with

28  demonstrated experience in financial management of a large

29  bonded capital program and must hold an active license to

30  practice public accounting in Florida pursuant to chapter

31


                                  38

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






                                        CS/HB 261, Third Engrossed



  1  473.  The turnpike enterprise staff shall also include the

  2  Office of Toll Operations.

  3         (2)  The department shall have the authority to employ

  4  procurement methods available to the Department of Management

  5  Services under chapters 255 and 287 and under any rule adopted

  6  under such chapters solely for the benefit of the turnpike

  7  enterprise.

  8         (3)(a)  The turnpike enterprise shall be a single

  9  budget entity and shall develop a budget pursuant to chapter

10  216.  The turnpike enterprise's budget shall be submitted to

11  the Legislature along with the department's budget.

12         (b)  Notwithstanding the provisions of s. 216.301 to

13  the contrary and in accordance with s. 216.351, the Executive

14  Office of the Governor shall, on July 1 of each year, certify

15  forward all unexpended funds appropriated or provided pursuant

16  to this section for the turnpike enterprise.  Of the

17  unexpended funds certified forward, any unencumbered amounts

18  shall be carried forward.  Such funds carried forward shall

19  not exceed 5 percent of the total operating budget of the

20  turnpike enterprise.  Funds carried forward pursuant to this

21  section may be used for any lawful purpose, including, but not

22  limited to, promotional and market activities, technology, and

23  training.  Any certified forward funds remaining undisbursed

24  on December 31 of each year shall be carried forward.

25         (4)  The powers conferred upon the turnpike enterprise

26  under ss. 338.22-338.241 shall be in addition and supplemental

27  to the existing powers of the department and the turnpike

28  enterprise, and these powers shall not be construed as

29  repealing any provision of any other law, general or local,

30  but shall supersede such other laws that are inconsistent with

31  the exercise of the powers provided under ss. 338.22-338.241


                                  39

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






                                        CS/HB 261, Third Engrossed



  1  and provide a complete method for the exercise of such powers

  2  granted.

  3         Section 19.  Subsection (4) of section 338.223, Florida

  4  Statutes, is amended to read:

  5         338.223  Proposed turnpike projects.--

  6         (4)  The department is authorized, with the approval of

  7  the Legislature, to use federal and state transportation funds

  8  to lend or pay a portion of the operating, maintenance, and

  9  capital costs of turnpike projects. Federal and state

10  transportation funds included in an adopted work program, or

11  the General Appropriations Act, for a turnpike project do not

12  have to be reimbursed to the State Transportation Trust Fund,

13  or used in determining the economic feasibility of the

14  proposed project. For operating and maintenance loans, the

15  maximum net loan amount in any fiscal year shall not exceed

16  1.5 0.5 percent of state transportation tax revenues for that

17  fiscal year.

18         Section 20.  Subsection (2) of section 338.227, Florida

19  Statutes, is amended to read:

20         338.227  Turnpike revenue bonds.--

21         (2)  The proceeds of the bonds of each issue shall be

22  used solely for the payment of the cost of the turnpike

23  projects for which such bonds shall have been issued, except

24  as provided in the State Bond Act.  Such proceeds shall be

25  disbursed and used as provided by ss. 338.22-338.241 and in

26  such manner and under such restrictions, if any, as the

27  Division of Bond Finance may provide in the resolution

28  authorizing the issuance of such bonds or in the trust

29  agreement hereinafter mentioned securing the same.  All

30  revenues and bond proceeds from the turnpike system received

31  by the department pursuant to ss. 338.22-338.241, the Florida


                                  40

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






                                        CS/HB 261, Third Engrossed



  1  Turnpike Enterprise Law, shall be used only for the cost of

  2  turnpike projects and turnpike improvements and for the

  3  administration, operation, maintenance, and financing of the

  4  turnpike system. No revenues or bond proceeds from the

  5  turnpike system shall be spent for the operation, maintenance,

  6  construction, or financing of any project which is not part of

  7  the turnpike system.

  8         Section 21.  Section 338.234, Florida Statutes, is

  9  amended to read:

10         338.234  Granting concessions or selling along the

11  turnpike system.--

12         (1)  The department may enter into contracts or

13  licenses with any person for the sale of grant concessions or

14  sell services or products or business opportunities on along

15  the turnpike system, or the turnpike enterprise may sell

16  services, products, or business opportunities on the turnpike

17  system, which benefit the traveling public or provide

18  additional revenue to the turnpike system. Services, business

19  opportunities, and products authorized to be sold include, but

20  are not limited to, the sale of motor fuel, vehicle towing,

21  and vehicle maintenance services; the sale of food with

22  attendant nonalcoholic beverages; lodging, meeting rooms, and

23  other business services opportunities; advertising and other

24  promotional opportunities, which advertising and promotions

25  must be consistent with the dignity and integrity of the

26  state; the sale of state lottery tickets sold by authorized

27  retailers; games and amusements that the granting of

28  concessions for amusement devices which operate by the

29  application of skill, not including games of chance as defined

30  in s. 849.16 or other illegal gambling games; the sale of

31  Florida citrus, goods promoting the state, or handmade goods


                                  41

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






                                        CS/HB 261, Third Engrossed



  1  produced within the state; and the granting of concessions for

  2  equipment which provides travel information, or tickets,

  3  reservations, or other related services; and the granting of

  4  concessions which provide banking and other business services.

  5  However, the department, pursuant to the grants of authority

  6  to the Turnpike Enterprise under this section, shall not

  7  exercise the power of eminent domain solely for the purpose of

  8  acquiring real property in order to provide business services

  9  or opportunities, such as lodging and meeting-room space on

10  the turnpike system. The department may also provide

11  information centers on the plazas for the benefit of the

12  public.

13         (2)  The department may provide an opportunity for

14  governmental agencies to hold public events at turnpike plazas

15  which educate the traveling public as to safety, travel, and

16  tourism.

17         Section 22.  Subsection (3) of section 338.235, Florida

18  Statutes, is amended to read:

19         338.235  Contracts with department for provision of

20  services on the turnpike system.--

21         (3)  The department may enter into contracts or

22  agreements, with or without competitive bidding or

23  procurement, to make available, on a fair, reasonable,

24  nonexclusive, and nondiscriminatory basis, turnpike property

25  and other turnpike structures, for the placement of wireless

26  facilities by any wireless provider of mobile services as

27  defined in 47 U.S.C. s. 153(n) or s. 332(d), and any

28  telecommunications company as defined in s. 364.02 when it is

29  determined to be practical and feasible to make such property

30  or structures available. The department may, without adopting

31  a rule, charge a just, reasonable, and nondiscriminatory fee


                                  42

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






                                        CS/HB 261, Third Engrossed



  1  for placement of the facilities, payable annually, based on

  2  the fair market value of space used by comparable

  3  communications facilities in the state. The department and a

  4  wireless provider may negotiate the reduction or elimination

  5  of a fee in consideration of goods or services service

  6  provided to the department by the wireless provider. All such

  7  fees collected by the department shall be deposited directly

  8  into the State Agency Law Enforcement Radio System Trust Fund

  9  and may be used to construct, maintain, or support the system.

10         Section 23.  Subsection (2) of section 338.239, Florida

11  Statutes, is amended to read:

12         338.239  Traffic control on the turnpike system.--

13         (2)  Members of the Florida Highway Patrol are vested

14  with the power, and charged with the duty, to enforce the

15  rules of the department. Approved expenditures Expenses

16  incurred by the Florida Highway Patrol in carrying out its

17  powers and duties under ss. 338.22-338.241 may be treated as a

18  part of the cost of the operation of the turnpike system, and

19  the Department of Highway Safety and Motor Vehicles shall be

20  reimbursed by the turnpike enterprise Department of

21  Transportation for such expenses incurred on the turnpike

22  system mainline, which is that part of the turnpike system

23  extending from the southern terminus in Florida City to the

24  northern terminus in Wildwood including all contiguous

25  sections. Florida Highway Patrol Troop K shall be

26  headquartered with the turnpike enterprise and shall be the

27  official and preferred law enforcement troop for the turnpike

28  system. The Department of Highway Safety and Motor Vehicles

29  may, upon request of the executive director of the turnpike

30  enterprise and approval of the Legislature, increase the

31  number of authorized positions for Troop K, or the executive


                                  43

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






                                        CS/HB 261, Third Engrossed



  1  director of the turnpike enterprise may contract with the

  2  Department of Highway Safety and Motor Vehicles for additional

  3  troops to patrol the turnpike system.

  4         Section 24.  Section 338.241, Florida Statutes, is

  5  amended to read:

  6         338.241  Cash reserve requirement.--The budget for the

  7  turnpike system shall be so planned as to provide for a cash

  8  reserve at the end of each fiscal year of not less than 5 10

  9  percent of the unpaid balance of all turnpike system

10  contractual obligations, excluding bond obligations, to be

11  paid from revenues.

12         Section 25.  Section 338.251, Florida Statutes, is

13  amended to read:

14         338.251  Toll Facilities Revolving Trust Fund.--The

15  Toll Facilities Revolving Trust Fund is hereby created for the

16  purpose of encouraging the development and enhancing the

17  financial feasibility of revenue-producing road projects

18  undertaken by local governmental entities in a county or

19  combination of contiguous counties and the turnpike

20  enterprise.

21         (1)  The department is authorized to advance funds for

22  preliminary engineering, traffic and revenue studies,

23  environmental impact studies, financial advisory services,

24  engineering design, right-of-way map preparation, other

25  appropriate project-related professional services, and

26  advanced right-of-way acquisition to expressway authorities,

27  the turnpike enterprise, counties, or other local governmental

28  entities that desire to undertake revenue-producing road

29  projects.

30         (2)  No funds shall be advanced pursuant to this

31  section unless the following is documented to the department:


                                  44

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






                                        CS/HB 261, Third Engrossed



  1         (a)  The proposed facility is consistent with the

  2  adopted transportation plan of the appropriate metropolitan

  3  planning organization and the Florida Transportation Plan.

  4         (b)  A proposed 2-year budget detailing the use of the

  5  cash advance and a project schedule consistent with the

  6  budget.

  7         (3)  Prior to receiving any moneys for advance

  8  right-of-way acquisition, it shall be shown that such

  9  right-of-way will substantially appreciate prior to

10  construction and that savings will result from its advance

11  purchase.  Any such request for moneys for advance

12  right-of-way acquisition shall be accompanied by a preliminary

13  engineering study, environmental impact study, traffic and

14  revenue study, and right-of-way maps along with either a

15  negotiated contract for purchase of the right-of-way, such

16  contract to include a clause stating that it is subject to

17  funding by the department or the Legislature, or an appraisal

18  of the subject property for purpose of condemnation

19  proceedings.

20         (4)  Each advance pursuant to this section shall

21  require repayment out of the initial bond issue revenue or, at

22  the discretion of the governmental entity or the turnpike

23  enterprise of the facility, repayment shall begin no later

24  than 7 years after the date of the advance, provided repayment

25  shall be completed no later than 12 years after the date of

26  the advance. However, such election shall be made at the time

27  of the initial bond issue, and, if repayment is to be made

28  during the time period referred to above, a schedule of such

29  repayment shall be submitted to the department.

30         (5)  No amount in excess of $1.5 million annually shall

31  be advanced to any one governmental entity or the turnpike


                                  45

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






                                        CS/HB 261, Third Engrossed



  1  enterprise pursuant to this section without specific

  2  appropriation by the Legislature.

  3         (6)  Funds may not be advanced for funding final design

  4  costs beyond 60 percent completion until an acceptable plan to

  5  finance all project costs, including the reimbursement of

  6  outstanding trust fund advances, is approved by the

  7  department.

  8         (7)  The department may advance funds sufficient to

  9  defray shortages in toll revenues of facilities receiving

10  funds pursuant to this section for the first 5 years of

11  operation, up to a maximum of $5 million per year, to be

12  reimbursed to this fund within 5 years of the last advance

13  hereunder. Any advance under this provision shall require

14  specific appropriation by the Legislature.

15         (8)  No expressway authority, county, or other local

16  governmental entity, or the turnpike enterprise, shall be

17  eligible to receive any advance under this section if the

18  expressway authority, county, or other local governmental

19  entity or the turnpike enterprise has failed to repay any

20  previous advances as required by law or by agreement with the

21  department.

22         (9)  Repayment of funds advanced, including advances

23  made prior to January 1, 1994, shall not include interest.

24  However, interest accruing to local governmental entities and

25  the turnpike enterprise from the investment of advances shall

26  be paid to the department.

27         (10)  Any repayment of prior or future advances made

28  from the State Transportation Trust Fund which were used to

29  fund any project phase of a toll facility, shall be deposited

30  in the Toll Facilities Revolving Trust Fund. However, when

31  funds advanced to the Seminole County Expressway Authority


                                  46

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






                                        CS/HB 261, Third Engrossed



  1  pursuant to this section are repaid to the Toll Facilities

  2  Revolving Trust Fund by or on behalf of the Seminole County

  3  Expressway Authority, those funds shall thereupon and

  4  forthwith be appropriated for and advanced to the Seminole

  5  County Expressway Authority for funding the design of and the

  6  advanced right-of-way acquisition for that segment of the

  7  Seminole County Expressway extending from U.S. Highway 17/92

  8  to Interstate Highway 4. Notwithstanding subsection (6), when

  9  funds previously advanced to the Orlando-Orange County

10  Expressway Authority are repaid to the Toll Facilities

11  Revolving Trust Fund by or on behalf of the Orlando-Orange

12  County Expressway Authority, those funds may thereupon and

13  forthwith be appropriated for and advanced to the Seminole

14  County Expressway Authority for funding that segment of the

15  Seminole County Expressway extending from U.S. Highway 17/92

16  to Interstate Highway 4. Any funds advanced to the

17  Tampa-Hillsborough County Expressway Authority pursuant to

18  this section which have been or will be repaid on or after

19  July 1, 1998, to the Toll Facilities Revolving Trust Fund on

20  behalf of the Tampa-Hillsborough County Expressway Authority

21  shall thereupon and forthwith be appropriated for and advanced

22  to the Tampa-Hillsborough County Expressway Authority for

23  funding the design of and the advanced right-of-way

24  acquisition for the Brandon area feeder roads, capital

25  improvements to increase capacity to the expressway system,

26  and Lee Roy Selmon Crosstown Expressway System Widening as

27  authorized under s. 348.565.

28         (11)  The department shall adopt rules necessary for

29  the implementation of this section, including rules for

30  project selection and funding.

31


                                  47

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






                                        CS/HB 261, Third Engrossed



  1         Section 26.  Paragraphs (a), (f), and (g) of subsection

  2  (4) of section 339.135, Florida Statutes, are amended to read:

  3         339.135  Work program; legislative budget request;

  4  definitions; preparation, adoption, execution, and

  5  amendment.--

  6         (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--

  7         (a)1.  To assure that no district or county is

  8  penalized for local efforts to improve the State Highway

  9  System, the department shall, for the purpose of developing a

10  tentative work program, allocate funds for new construction to

11  the districts, except for the turnpike enterprise district,

12  based on equal parts of population and motor fuel tax

13  collections. Funds for resurfacing, bridge repair and

14  rehabilitation, bridge fender system construction or repair,

15  public transit projects except public transit block grants as

16  provided in s. 341.052, and other programs with quantitative

17  needs assessments shall be allocated based on the results of

18  these assessments. The department may not transfer any funds

19  allocated to a district under this paragraph to any other

20  district except as provided in subsection (7). Funds for

21  public transit block grants shall be allocated to the

22  districts pursuant to s. 341.052.

23         2.  Notwithstanding the provisions of subparagraph 1.,

24  the department shall allocate at least 50 percent of any new

25  discretionary highway capacity funds to the Florida Intrastate

26  Highway System established pursuant to s. 338.001.  Any

27  remaining new discretionary highway capacity funds shall be

28  allocated to the districts for new construction as provided in

29  subparagraph 1. For the purposes of this subparagraph, the

30  term "new discretionary highway capacity funds" means any

31  funds available to the department above the prior year funding


                                  48

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






                                        CS/HB 261, Third Engrossed



  1  level for  capacity improvements, which the department has the

  2  discretion to allocate to highway projects.

  3         (f)  The central office shall submit a preliminary copy

  4  of the tentative work program to the Executive Office of the

  5  Governor, the legislative appropriations committees, the

  6  Florida Transportation Commission, and the Department of

  7  Community Affairs at least 14 days prior to the convening of

  8  the regular legislative session.  Prior to the statewide

  9  public hearing required by paragraph (g), the Department of

10  Community Affairs shall transmit to the Florida Transportation

11  Commission a list of those projects and project phases

12  contained in the tentative work program which are identified

13  as being inconsistent with approved local government

14  comprehensive plans.  For urbanized areas of metropolitan

15  planning organizations, the list may not contain any project

16  or project phase that is scheduled in a transportation

17  improvement program unless such inconsistency has been

18  previously reported to the affected metropolitan planning

19  organization.  The commission shall consider the list as part

20  of its evaluation of the tentative work program conducted

21  pursuant to s. 20.23.

22         (g)1.  The Florida Transportation Commission shall

23  conduct a statewide public hearing on the tentative work

24  program and shall advertise the time, place, and purpose of

25  the hearing in the Florida Administrative Weekly at least 7

26  days prior to the hearing.  As part of the statewide public

27  hearing, the commission shall, at a minimum:

28         a.1.  Conduct an in-depth evaluation of the tentative

29  work program as required in s. 20.23 for compliance with

30  applicable laws and departmental policies; and

31


                                  49

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






                                        CS/HB 261, Third Engrossed



  1         b.2.  Hear all questions, suggestions, or other

  2  comments offered by the public.

  3         2.  By no later than 14 days after the regular

  4  legislative session begins, the commission shall submit to the

  5  Executive Office of the Governor and the legislative

  6  appropriations committees a report that evaluates the

  7  tentative work program for:

  8         a.  Financial soundness;

  9         b.  Stability;

10         c.  Production capacity;

11         d.  Accomplishments, including compliance with program

12  objectives in s. 334.046;

13         e.  Compliance with approved local government

14  comprehensive plans;

15         f.  Objections and requests by metropolitan planning

16  organizations;

17         g.  Policy changes and effects thereof;

18         h.  Identification of statewide or regional projects;

19  and

20         i.  Compliance with all other applicable laws.

21         Section 27.  Subsection (1) of section 553.80, Florida

22  Statutes, is amended to read:

23         553.80  Enforcement.--

24         (1)  Except as provided in paragraphs (a)-(f) (a)-(e),

25  each local government and each legally constituted enforcement

26  district with statutory authority shall regulate building

27  construction and, where authorized in the state agency's

28  enabling legislation, each state agency shall enforce the

29  Florida Building Code required by this part on all public or

30  private buildings, structures, and facilities, unless such

31


                                  50

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






                                        CS/HB 261, Third Engrossed



  1  responsibility has been delegated to another unit of

  2  government pursuant to s. 553.79(9).

  3         (a)  Construction regulations relating to correctional

  4  facilities under the jurisdiction of the Department of

  5  Corrections and the Department of Juvenile Justice are to be

  6  enforced exclusively by those departments.

  7         (b)  Construction regulations relating to elevator

  8  equipment under the jurisdiction of the Bureau of Elevators of

  9  the Department of Business and Professional Regulation shall

10  be enforced exclusively by that department.

11         (c)  In addition to the requirements of s. 553.79 and

12  this section, facilities subject to the provisions of chapter

13  395 and part II of chapter 400 shall have facility plans

14  reviewed and construction surveyed by the state agency

15  authorized to do so under the requirements of chapter 395 and

16  part II of chapter 400 and the certification requirements of

17  the Federal Government.

18         (d)  Building plans approved pursuant to s. 553.77(6)

19  and state-approved manufactured buildings, including buildings

20  manufactured and assembled offsite and not intended for

21  habitation, such as lawn storage buildings and storage sheds,

22  are exempt from local code enforcing agency plan reviews

23  except for provisions of the code relating to erection,

24  assembly, or construction at the site. Erection, assembly, and

25  construction at the site are subject to local permitting and

26  inspections.

27         (e)  Construction regulations governing public schools,

28  state universities, and community colleges shall be enforced

29  as provided in subsection (6).

30         (f)  The Florida Building Code as it pertains to toll

31  collection facilities under the jurisdiction of the turnpike


                                  51

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






                                        CS/HB 261, Third Engrossed



  1  enterprise of the Department of Transportation shall be

  2  enforced exclusively by the turnpike enterprise.

  3

  4  The governing bodies of local governments may provide a

  5  schedule of fees, as authorized by s. 125.56(2) or s. 166.222

  6  and this section, for the enforcement of the provisions of

  7  this part.  Such fees shall be used solely for carrying out

  8  the local government's responsibilities in enforcing the

  9  Florida Building Code. The authority of state enforcing

10  agencies to set fees for enforcement shall be derived from

11  authority existing on July 1, 1998. However, nothing contained

12  in this subsection shall operate to limit such agencies from

13  adjusting their fee schedule in conformance with existing

14  authority.

15         Section 28.  Section 341.8201, Florida Statutes, is

16  created to read:

17         341.8201  Short title.--Sections 341.8201-341.843 may

18  be cited as the "Florida High-Speed Rail Authority Act."

19         Section 29.  Section 341.8202, Florida Statutes, is

20  created to read:

21         341.8202  Legislative findings, policy, purpose, and

22  intent.--

23         (1)  The intent of this act is to implement the purpose

24  of s. 19, Art. X of the State Constitution, which directs the

25  Legislature, the Cabinet and the Governor to proceed with the

26  development, either by the state or an approved private

27  entity, of a high-speed monorail, fixed guideway, or magnetic

28  levitation system, capable of speeds in excess of 120 miles

29  per hour.  The development of such a system, which will link

30  Florida's five largest urban areas as defined in this act,

31  includes acquisition of right-of-way and the financing of


                                  52

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






                                        CS/HB 261, Third Engrossed



  1  design and construction with construction beginning on or

  2  before November 1, 2003. Further, this act promotes the

  3  various growth management and environmental protection laws

  4  enacted by the Legislature and encourages and enhances the

  5  establishment of a high-speed rail system. The Legislature

  6  further finds that:

  7         (a)  The implementation of a high-speed rail system in

  8  the state will result in overall social and environmental

  9  benefits, improvements in ambient air quality, better

10  protection of water quality, greater preservation of wildlife

11  habitat, less use of open space, and enhanced conservation of

12  natural resources and energy.

13         (b)  A high-speed rail system, when developed in

14  conjunction with sound land use planning, becomes an integral

15  part in achieving growth management goals and encourages the

16  use of public transportation to augment and implement land use

17  and growth management goals and objectives.

18         (c)  Development and utilization of a properly

19  designed, constructed, and financed high-speed rail system and

20  associated development can act as a catalyst for economic

21  growth and development, mitigate unduly long and

22  traffic-congested commutes for day-to-day commuters, create

23  new employment opportunities, serve as a positive growth

24  management system for building a better and more

25  environmentally secure state, and serve a paramount public

26  purpose by promoting the health, safety, and welfare of the

27  citizens of the state.

28         (d)  Transportation benefits of a high-speed rail

29  system include improved travel times and more reliable travel,

30  which will increase productivity and energy efficiency in the

31  state.


                                  53

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






                                        CS/HB 261, Third Engrossed



  1         (2)  The Legislature further finds that:

  2         (a)  Access to timely and efficient modes of passenger

  3  transportation is necessary for travelers, visitors, and

  4  day-to-day commuters, to the quality of life in the state, and

  5  to the economy of the state.

  6         (b)  Technological advances in the state's

  7  transportation system can significantly and positively affect

  8  the ability of the state to attract and provide efficient

  9  services for domestic and international tourists and therefore

10  increase revenue of the state.

11         (c)  The geography of the state is suitable for the

12  construction and efficient operation of a high-speed rail

13  system.

14         (d)  The public use of the high-speed rail system must

15  be encouraged and assured in order to achieve the public

16  purpose and objectives set forth in this act. In order to

17  encourage the public use of the high-speed rail system and to

18  protect the public investment in the system, it is necessary

19  to provide an environment surrounding each high-speed rail

20  station which will allow the development of associated

21  development for the purpose of creating revenue in support of

22  and for the high-speed rail system, enhance the safe movement

23  of pedestrians and traffic into and out of the area, ensure

24  the personal safety of high-speed rail system and related

25  facility users and their personal property while the users are

26  in the area of each station, and eliminate all conditions in

27  the vicinity which constitute economic and social impediments

28  and barriers to the use of the high-speed rail system and

29  associated development.

30         (e)  Areas surrounding certain proposed high-speed rail

31  stations can, as a result of existing conditions, crime, and


                                  54

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






                                        CS/HB 261, Third Engrossed



  1  traffic congestion, pose a serious threat to the use of the

  2  high-speed rail system, reduce revenue from users, discourage

  3  pedestrian and traffic ingress and egress, retard sound growth

  4  and development, impair public investment, and consume an

  5  excessive amount of public revenues in the employment of

  6  police and other forms of public protection to adequately

  7  safeguard the high-speed rail system and its users. Such areas

  8  may require redevelopment, acquisition, clearance, or

  9  disposition, or joint public and private development to

10  provide parking facilities, retail establishments,

11  restaurants, hotels, or office facilities associated with or

12  ancillary to the high-speed rail system and rail stations and

13  to otherwise provide for an environment that will encourage

14  the use of, and safeguard, the system.

15         (f)  The powers conferred by this act are for public

16  uses and purposes as established by s. 19, Art. X of the State

17  Constitution for which public funds may be expended, and the

18  necessity in the public interest for the provisions herein

19  enacted is hereby declared as a matter of legislative

20  determination to implement the intent of s. 19, Art. X of the

21  State Constitution.

22         (g)  Urban and social benefits include revitalization

23  of economically depressed areas, the redirection of growth in

24  a carefully and comprehensively planned manner, and the

25  creation of numerous employment opportunities within

26  inner-city areas.

27         (h)  The provisions contained in this act are a

28  declaration of legislative intent that the state develop a

29  high-speed rail system to help solve transportation problems

30  and eliminate their negative effect on the citizens of this

31  state, and therefore serves a public purpose.


                                  55

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






                                        CS/HB 261, Third Engrossed



  1         (i)  Joint development is a necessary planning,

  2  financing, management, operation, and construction mechanism

  3  to ensure the continued future development of an efficient and

  4  economically viable high-speed rail system in this state.

  5         (3)  It is the intent of the Legislature to authorize

  6  the authority to implement innovative mechanisms required to

  7  effect the joint public-private venture approach to planning,

  8  locating, permitting, managing, financing, constructing,

  9  operating, and maintaining a high-speed rail system for the

10  state, including providing incentives for revenue generation,

11  operation, construction, and management by the private sector.

12         Section 30.  Section 341.8203, Florida Statutes, is

13  created to read:

14         341.8203  Definitions.--As used in this act, unless the

15  context clearly indicates otherwise, the term:

16         (1)  "Associated development" means property,

17  equipment, buildings, or other ancillary facilities which are

18  built, installed, or established to provide financing,

19  funding, or revenues for the planning, building, managing, and

20  operation of a high-speed rail system and which are associated

21  with or part of the rail stations. The term includes property,

22  including air rights, necessary for joint development, such as

23  parking facilities, retail establishments, restaurants,

24  hotels, offices, or other commercial, civic, residential, or

25  support facilities, and may also include property necessary to

26  protect or preserve the rail station area by reducing urban

27  blight or traffic congestion or property necessary to

28  accomplish any of the purposes set forth in this subsection

29  which are reasonably anticipated or necessary.

30         (2)  "Authority" means the Florida High-Speed Rail

31  Authority and its agents.


                                  56

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






                                        CS/HB 261, Third Engrossed



  1         (3)  "Central Florida" means the counties of Lake,

  2  Seminole, Orange, Osceola, Citrus, Sumter, Volusia, Brevard,

  3  Hernando, Pasco, Hillsborough, Pinellas, and Polk.

  4         (4)  "DBOM contract" means the document and all

  5  concomitant rights approved by the authority providing the

  6  selected person or entity the exclusive right to design,

  7  build, operate, and maintain a high-speed rail system.

  8         (5)  "DBOM & F contract" means the document and all

  9  concomitant rights approved by the authority providing the

10  selected person or entity the exclusive right to design,

11  build, operate, maintain, and finance a high-speed rail

12  system.

13         (6)  "High-speed rail system" means any high-speed

14  fixed guideway system for transporting people or goods, which

15  system is capable of operating at speeds in excess of 120

16  miles per hour, including, but not limited to, a monorail

17  system, dual track rail system, suspended rail system,

18  magnetic levitation system, pneumatic repulsion system, or

19  other system approved by the authority. The term includes a

20  corridor and structures essential to the operation of the

21  line, including the land, structures, improvements,

22  rights-of-way, easements, rail lines, rail beds, guideway

23  structures, stations, platforms, switches, yards, parking

24  facilities, power relays, switching houses, rail stations,

25  associated development, and any other facilities or equipment

26  used or useful for the purposes of high-speed rail system

27  design, construction, operation, maintenance, or the financing

28  of the high-speed rail system.

29         (7)  "Joint development" means the planning, managing,

30  financing, or constructing of projects adjacent to,

31  functionally related to, or otherwise related to a high-speed


                                  57

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






                                        CS/HB 261, Third Engrossed



  1  rail system pursuant to agreements between any person, firm,

  2  corporation, association, organization, agency, or other

  3  entity, public or private.

  4         (8)  "Northeast Florida" means the counties of Nassau,

  5  Duval, Clay, St. Johns, Putnam, Alachua, Marion, and Flagler.

  6         (9)  "Northwest Florida" means the counties of

  7  Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington,

  8  Jackson, Gadsden, Bay, Calhoun, Liberty, Gulf, Franklin, Leon,

  9  Jefferson, Madison, Wakulla, Taylor, Hamilton, Suwannee,

10  Columbia, Baker, Union, Lafayette, Gilchrist, Dixie, Bradford,

11  and Levy.

12         (10)  "Rail station," "station," or "high-speed rail

13  station" means any structure or transportation facility that

14  is part of a high-speed rail system designed to accommodate

15  the movement of passengers from one mode of transportation to

16  another at which passengers board or disembark from

17  transportation conveyances and transfer from one mode of

18  transportation to another.

19         (11)  "Selected person or entity" means the person or

20  entity to whom the authority awards a contract under s.

21  341.834 to establish a high-speed rail system pursuant to this

22  act.

23         (12)  "Southeast Florida" means the counties of

24  Broward, Monroe, Miami-Dade, Indian River, St. Lucie, Martin,

25  Okeechobee, and Palm Beach.

26         (13)  "Southwest Florida" means the counties of

27  Manatee, Hardee, DeSoto, Sarasota, Highlands, Charlotte,

28  Glades, Lee, Hendry, and Collier.

29         (14)  "Urban areas" means Central Florida, Northeast

30  Florida, Northwest Florida, Southeast Florida, and Southwest

31  Florida.


                                  58

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






                                        CS/HB 261, Third Engrossed



  1         Section 31.  Section 341.821, Florida Statutes, is

  2  amended to read:

  3         341.821  Florida High-Speed Rail Authority.--

  4         (1)  There is created and established a body politic

  5  and corporate, an agency of the state, to be known as the

  6  "Florida High-Speed Rail Authority," hereinafter referred to

  7  as the "authority."

  8         (2)(a)  The governing board of the authority shall

  9  consist of nine voting members appointed as follows:

10         1.  Three members shall be appointed by the Governor,

11  one of whom must have a background in the area of

12  environmental concerns, one of whom must have a legislative

13  background, and one of whom must have a general business

14  background.

15         2.  Three members shall be appointed by the President

16  of the Senate, one of whom must have a background in civil

17  engineering, one of whom must have a background in

18  transportation construction, and one of whom must have a

19  general business background.

20         3.  Three members shall be appointed by the Speaker of

21  the House of Representatives, one of whom must have a legal

22  background, one of whom must have a background in financial

23  matters, and one of whom must have a general business

24  background.

25         (b)  The appointed members shall not be subject to

26  confirmation by the Senate. The initial term of each member

27  appointed by the Governor shall be for 4 years. The initial

28  term of each member appointed by the President of the Senate

29  shall be for 3 years. The initial term of each member

30  appointed by the Speaker of the House of Representatives shall

31  be for 2 years. Succeeding terms for all members shall be for


                                  59

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






                                        CS/HB 261, Third Engrossed



  1  terms of 4 years. Initial appointments must be made within 30

  2  days after the effective date of this act.

  3         (c)  A vacancy occurring during a term shall be filled

  4  by the respective appointing authority in the same manner as

  5  the original appointment and only for the balance of the

  6  unexpired term. An appointment to fill a vacancy shall be made

  7  within 60 days after the occurrence of the vacancy.

  8         (d)  The Secretary of Transportation shall be a

  9  nonvoting ex officio member of the board.

10         (e)  The board shall elect one of its members as chair

11  of the authority. The chair shall hold office at the will of

12  the board. Five members of the board shall constitute a

13  quorum, and the vote of five members shall be necessary for

14  any action taken by the authority. The authority may meet upon

15  the constitution of a quorum. No vacancy in the authority

16  shall impair the right of a quorum of the board to exercise

17  all rights and perform all duties of the authority.

18         (f)  The members of the board shall not be entitled to

19  compensation but shall be entitled to receive their travel and

20  other necessary expenses as provided in s. 112.061.

21         (3)  Notwithstanding any other law to the contrary, it

22  shall not be or constitute a conflict of interest for a person

23  having a background specified in this section to serve as a

24  member of the authority. However, in each official decision to

25  which this act is applicable, such member's firm or related

26  entity may not have a financial or economic interest nor shall

27  the authority contract with or conduct any business with a

28  member or such member's firm or directly related business

29  entity.

30         (4)  The authority shall be assigned to the Department

31  of Transportation for administrative purposes. The authority


                                  60

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






                                        CS/HB 261, Third Engrossed



  1  shall be a separate budget entity. The Department of

  2  Transportation shall provide administrative support and

  3  service to the authority to the extent requested by the chair

  4  of the authority. The authority shall not be subject to

  5  control, supervision, or direction by the Department of

  6  Transportation in any manner, including, but not limited to,

  7  personnel, purchasing, transactions involving real or personal

  8  property, and budgetary matters.

  9         Section 32.  Section 341.822, Florida Statutes, is

10  amended to read:

11         341.822  Powers and duties.--

12         (1)  The authority created and established by this act

13  shall locate, plan, design, finance, construct, maintain, own,

14  operate, administer, and manage the preliminary engineering

15  and preliminary environmental assessment of the intrastate

16  high-speed rail system in the state., hereinafter referred to

17  as "intrastate high-speed rail."

18         (2)  The authority may exercise all powers granted to

19  corporations under the Florida Business Corporation Act,

20  chapter 607, except the authority may only not incur debt in

21  accordance with levels authorized by the Legislature.

22         (3)  The authority shall have perpetual succession as a

23  body politic and corporate.

24         (4)  The authority is authorized to seek and obtain

25  federal matching funds or any other funds to fulfill the

26  requirements of this act either directly or through the

27  Department of Transportation.

28         (5)  The authority may employ an executive director,

29  permanent or temporary, as it may require and shall determine

30  the qualifications and fix the compensation. The authority may

31  delegate to one or more of its agents or employees such of its


                                  61

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






                                        CS/HB 261, Third Engrossed



  1  power as it deems necessary to carry out the purposes of this

  2  act, subject always to the supervision and control of the

  3  authority.

  4         Section 33.  Section 341.823, Florida Statutes, is

  5  amended to read:

  6         341.823  Criteria for assessment and recommendations.--

  7         (1)  The following criteria shall apply to the

  8  establishment of the high-speed rail system in developing the

  9  preliminary engineering, preliminary environmental assessment,

10  and recommendations required by this act:

11         (a)  The system shall be capable of traveling speeds in

12  excess of 120 miles per hour consisting of dedicated rails or

13  guideways separated from motor vehicle traffic;

14         (b)  The initial segments of the system will be

15  developed and operated between the St. Petersburg area, the

16  Tampa area, and the Orlando area, with future service to the

17  Miami area;

18         (c)  The authority is to develop a program model that

19  uses, to the maximum extent feasible, nongovernmental sources

20  of funding for the design, construction, maintenance, and

21  operation, and financing of the system;

22         (2)  The authority shall establish requirements make

23  recommendations concerning:

24         (a)  The format and types of information that must be

25  included in a financial or business plan for the high-speed

26  rail system, and the authority may develop that financial or

27  business plan;

28         (b)  The preferred routes between the cities and urban

29  areas designated in accordance with s. 341.8203 in paragraph

30  (1)(b);

31


                                  62

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






                                        CS/HB 261, Third Engrossed



  1         (c)  The preferred locations for the stations in the

  2  cities and urban areas designated in accordance with s.

  3  341.8203 in paragraph (1)(b);

  4         (d)  The preferred locomotion technology to be employed

  5  from constitutional choices of monorail, fixed guideway, or

  6  magnetic levitation; and

  7         (e)  Any changes that may be needed in state statutes

  8  or federal laws which would make the proposed system eligible

  9  for available federal funding; and

10         (e)(f)  Any other issues the authority deems relevant

11  to the development of a high-speed rail system.

12         (3)  The authority shall develop a marketing plan, a

13  detailed planning-level ridership study, and an estimate of

14  the annual operating and maintenance cost for the system and

15  all other associate expenses.

16         (3)  When preparing the operating plan, the authority

17  shall include:

18         (a)  The frequency of service between the cities

19  designated in paragraph (1)(b);

20         (b)  The proposed fare structure for passenger and

21  freight service;

22         (c)  Proposed trip times, system capacity, passenger

23  accommodations, and amenities;

24         (d)  Methods to ensure compliance with applicable

25  environmental standards and regulations;

26         (e)  A marketing plan, including strategies that can be

27  employed to enhance the utilization of the system;

28         (f)  A detailed planning-level ridership study;

29         (g)  Consideration of nonfare revenues that may be

30  derived from:

31         1.  The sale of development rights at the stations;


                                  63

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






                                        CS/HB 261, Third Engrossed



  1         2.  License, franchise, and lease fees;

  2         3.  Sale of advertising space on the trains or in the

  3  stations; and

  4         4.  Any other potential sources deemed appropriate.

  5         (h)  An estimate of the total cost of the entire

  6  system, including, but not limited to, the costs to:

  7         1.  Design and build the stations and monorail, fixed

  8  guideway, or magnetic levitation system;

  9         2.  Acquire any necessary rights-of-way;

10         3.  Purchase or lease rolling stock and other equipment

11  necessary to build, operate, and maintain the system.

12         (i)  An estimate of the annual operating and

13  maintenance costs for the system and all other associated

14  expenses.

15         (j)  An estimate of the value of assets the state or

16  its political subdivisions may provide as in-kind

17  contributions for the system, including rights-of-way,

18  engineering studies performed for previous high-speed rail

19  initiatives, land for rail stations and necessary maintenance

20  facilities, and any expenses that may be incurred by the state

21  or its political subdivisions to accommodate the installation

22  of the system.

23         (k)  An estimate of the funding required per year from

24  state funds for the next 30 years for operating the preferred

25  routes between the cities designated in paragraph (1)(b).

26

27  Whenever applicable and appropriate, the authority will base

28  estimates of projected costs, expenses, and revenues on

29  documented expenditures or experience derived from similar

30  projects.

31


                                  64

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






                                        CS/HB 261, Third Engrossed



  1         Section 34.  Section 341.824, Florida Statutes, is

  2  amended to read:

  3         341.824  Technical, scientific, or other assistance.--

  4         (1)  The Florida Transportation Commission, the

  5  Department of Community Affairs, and the Department of

  6  Environmental Protection shall, at the authority's request,

  7  provide technical, scientific, or other assistance.

  8         (2)  The Department of Community Affairs shall, if

  9  requested, provide assistance to local governments in

10  analyzing the land use and comprehensive planning aspects of

11  the high-speed rail system. The Department of Community

12  Affairs shall assist the authority with the resolution of any

13  conflicts between the system and adopted local comprehensive

14  plans.

15         (3)  The Department of Environmental Protection shall,

16  if requested, provide assistance to local governments and

17  other permitting agencies in analyzing the environmental

18  aspects of the high-speed rail system. The Department of

19  Environmental Protection shall assist the authority and the

20  contractor in expediting the approval of the necessary

21  environmental permits for the system.

22         Section 35.  Section 341.827, Florida Statutes, is

23  created to read:

24         341.827  Service areas; segment designation.--

25         (1)  The authority shall determine in which order the

26  service areas, as designated by the Legislature, will be

27  served by the high-speed rail system.

28         (2)  The authority shall plan and develop the

29  high-speed rail system so that construction proceeds as

30  follows:

31


                                  65

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






                                        CS/HB 261, Third Engrossed



  1         (a)  The initial segments of the system shall be

  2  developed and operated between the St. Petersburg area, the

  3  Tampa area, the Lakeland/Winter Haven area, and the Orlando

  4  area, with future service to the Miami area.

  5         (b)  Construction of subsequent segments of the

  6  high-speed rail system shall connect the metropolitan areas of

  7  Port Canaveral/Cocoa Beach, Ft. Pierce, West Palm Beach, Ft.

  8  Lauderdale, Daytona Beach, St. Augustine, Jacksonville, Ft.

  9  Myers/Naples, Sarasota/Bradenton, Gainesville/Ocala,

10  Tallahassee, and Pensacola.

11         (c)  Selection of segments of the high-speed rail

12  system to be constructed subsequent to the initial segments of

13  the system shall be prioritized by the authority, giving

14  consideration to the demand for service, financial

15  participation by local governments, financial participation by

16  the private sector, and the available financial resources of

17  the authority.

18         Section 36.  Section 341.828, Florida Statutes, is

19  created to read:

20         341.828  Permitting.--

21         (1)  The authority, for the purposes of permitting, may

22  utilize one or more permitting processes provided for in

23  statute, including, but not limited to, the metropolitan

24  planning organization long-range transportation planning

25  process as defined in s. 339.175 (6) and (7), in conjunction

26  with the Department of Transportation's work program process

27  as defined in s. 339.135, or any permitting process now in

28  effect or that may be in effect at the time of permitting and

29  will provide the most timely and cost-effective permitting

30  process.

31


                                  66

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






                                        CS/HB 261, Third Engrossed



  1         (2)  The authority shall work in cooperation with

  2  metropolitan planning organizations in areas where the

  3  high-speed rail system will be located. The metropolitan

  4  planning organizations shall cooperate with the authority and

  5  include the high-speed rail system alignment within their

  6  adopted long-range transportation plans and transportation

  7  improvement programs for the purposes of providing public

  8  information, consistency with the plans, and receipt of

  9  federal and state funds by the authority to support the

10  high-speed rail system.

11         (3)  For purposes of selecting a route alignment, the

12  authority may use the project development and environment

13  study process, including the efficient transportation

14  decisionmaking system process as adopted by the Department of

15  Transportation.

16         Section 37.  Section 341.829, Florida Statutes, is

17  created to read:

18         341.829  Conflict prevention, mitigation, and

19  resolution.--

20         (1)  The authority, in conjunction with the Executive

21  Office of the Governor, the Department of Community Affairs,

22  and the Department of Environmental Protection, shall develop

23  and implement, within 180 days after the effective date of

24  this act, a process to prevent, mitigate, and resolve, to the

25  maximum extent feasible, any conflicts or potential conflicts

26  of a high-speed rail system with growth management

27  requirements and environmental standards.

28         (2)  Any person who disagrees with the alignment

29  decision must file a complaint with the authority within 20

30  days after the authority's final adoption of the alignment.

31


                                  67

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






                                        CS/HB 261, Third Engrossed



  1         (3)  The authority must respond to any timely filed

  2  complaint within 60 days after the complaint is filed with the

  3  authority.

  4         Section 38.  Section 341.830, Florida Statutes, is

  5  created to read:

  6         341.830  Procurement.--

  7         (1)  The authority may employ procurement methods under

  8  chapters 255, 287, and 337 and under any rule adopted under

  9  such chapters.  To enhance the effective and efficient

10  operation of the authority, and to enhance the ability of the

11  authority to use best business practices, the authority may,

12  pursuant to ss. 120.536(1) and 120.54, adopt rules for and

13  employ procurement methods available to the private sector.

14         (2)  The authority is authorized to procure commodities

15  and the services of a qualified person or entity to design,

16  build, finance, operate, maintain, and implement a high-speed

17  rail system, including the use of a DBOM or DBOM & F method

18  using a request for proposal, a request for qualifications, or

19  an invitation to negotiate.

20         Section 39.  Section 341.831, Florida Statutes, is

21  created to read:

22         341.831  Prequalification.--

23         (1)  The authority may prequalify interested persons or

24  entities prior to seeking proposals for the design,

25  construction, operation, maintenance, and financing of the

26  high-speed rail system. The authority may establish qualifying

27  criteria that may include, but not be limited to, experience,

28  financial resources, organization and personnel, equipment,

29  past record or history of the person or entity, ability to

30  finance or issue bonds, and ability to post a construction or

31  performance bond.


                                  68

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






                                        CS/HB 261, Third Engrossed



  1         (2)  The authority may establish the qualifying

  2  criteria in a request for qualification without adopting the

  3  qualifying criteria as rules.

  4         Section 40.  Section 341.832, Florida Statutes, is

  5  created to read:

  6         341.832  Request for qualifications.--

  7         (1)  The authority is authorized to develop and execute

  8  a request for qualifications process to seek a person or

  9  entity to design, build, operate, maintain, and finance a

10  high-speed rail system. The authority may issue multiple

11  requests for qualifications. The authority shall develop

12  criteria for selection of a person or entity that shall be

13  included in any request for qualifications.

14         (2)  The authority may issue a request for

15  qualifications without adopting a rule.

16         Section 41.  Section 341.833, Florida Statutes, is

17  created to read:

18         341.833  Request for proposals.--

19         (1)  The authority is authorized to develop and execute

20  a request for proposals process to seek a person or entity to

21  design, build, operate, maintain, and finance a high-speed

22  rail system. The authority may issue multiple requests for

23  proposals. The authority shall develop criteria for selection

24  of a person or entity that shall be included in any request

25  for proposals.

26         (2)  In the request for proposals, the authority shall

27  specify the minimum period of time for the contract duration.

28  A person or entity may propose a longer period of time for the

29  contract and provide justification of the need for an extended

30  contract period. If the authority extends the time period for

31


                                  69

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






                                        CS/HB 261, Third Engrossed



  1  the contract, such time period shall be extended for all

  2  persons or entities if so requested.

  3         Section 42.  Section 341.834, Florida Statutes, is

  4  created to read:

  5         341.834  Award of contract.--

  6         (1)  The authority may award a contract subject to such

  7  terms and conditions, including, but not limited to,

  8  compliance with any applicable permitting requirements, and

  9  any other terms and conditions the authority considers

10  appropriate.

11         (2)  The contract shall authorize the contractor to

12  provide service between stations as established by the

13  contract. The contractor shall coordinate its facilities and

14  services with passenger rail providers, commuter rail

15  authorities, and public transit providers to provide access to

16  and from the high-speed rail system.

17         (3)  The contractor shall not convey, lease, or

18  otherwise transfer any high-speed rail system property, any

19  interest in such property, or any improvement constructed upon

20  such property without written approval of the authority.

21         Section 43.  Section 341.835, Florida Statutes, is

22  created to read:

23         341.835  Acquisition of property; rights-of-way;

24  disposal of land.--

25         (1)  The authority may purchase, lease, exchange, or

26  otherwise acquire any land, property interests, or buildings

27  or other improvements, including personal property within such

28  buildings or on such lands, necessary to secure or utilize

29  rights-of-way for existing, proposed, or anticipated

30  high-speed rail system facilities.

31


                                  70

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






                                        CS/HB 261, Third Engrossed



  1         (2)  Title to any property acquired in the name of the

  2  authority shall be administered by the authority under such

  3  terms and conditions as the authority may require.

  4         (3)  When the authority acquires property for a

  5  high-speed rail system, or any related or ancillary

  6  facilities, by purchase or donation, it is not subject to any

  7  liability imposed by chapter 376 or chapter 403 for

  8  preexisting soil or groundwater contamination due solely to

  9  its ownership.  This section does not affect the rights or

10  liabilities of any past or future owners of the acquired

11  property, nor does it affect the liability of any governmental

12  entity for the results of its actions which create or

13  exacerbate a pollution source. The authority and the

14  Department of Environmental Protection may enter into

15  interagency agreements for the performance, funding, and

16  reimbursement of the investigative and remedial acts necessary

17  for property acquired by the authority.

18         (4)  In acquiring property or property rights for any

19  high-speed rail system or related or ancillary facilities, the

20  authority may acquire an entire lot, block, or tract of land

21  if the interests of the public will be best served by such

22  acquisition, even though the entire lot, block, or tract is

23  not immediately needed for the right-of-way proper or for the

24  specific related or ancillary facilities.

25         (5)  The authority, by resolution, may dispose of any

26  interest in property acquired pursuant to this section on

27  terms and conditions the authority deems appropriate.

28         (6)  The authority and its employees and agents shall

29  have the right to enter upon properties which may be

30  determined to be necessary for the construction,

31  reconstruction, relocation, maintenance, and operation of a


                                  71

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






                                        CS/HB 261, Third Engrossed



  1  proposed high-speed rail system and associated development and

  2  related or ancillary facilities as described in subsection (1)

  3  for the purposes of surveying and soil and environmental

  4  testing.

  5         (7)  The authority is authorized to accept donations of

  6  real property from public or private entities for the purposes

  7  of implementing a high-speed rail system.

  8         Section 44.  Section 341.836, Florida Statutes, is

  9  created to read:

10         341.836  Associated development.--

11         (1)  The authority, alone or as part of a joint

12  development, may undertake development of associated

13  developments to be a source of revenue for the establishment,

14  construction, operation, or maintenance of the high-speed rail

15  system.  Such associated developments must be associated with

16  a rail station and have pedestrian ingress to and egress from

17  the rail station; be consistent, to the extent feasible, with

18  applicable local government comprehensive plans and local land

19  development regulations; and otherwise be in compliance with

20  the provisions of this act.

21         (2)  This act does not prohibit the authority, the

22  selected person or entity, or a party to a joint venture with

23  the authority or its selected person or entity from obtaining

24  approval, pursuant to any other law, for any associated

25  development that is reasonably related to the high-speed rail

26  system.

27         Section 45.  Section 341.837, Florida Statutes, is

28  created to read:

29         341.837  Payment of expenses.--All expenses incurred in

30  carrying out the provisions of this act shall be payable

31


                                  72

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






                                        CS/HB 261, Third Engrossed



  1  solely from funds provided under the authority of this act, or

  2  from other legally available sources.

  3         Section 46.  Section 341.838, Florida Statutes, is

  4  created to read:

  5         341.838  Rates, rents, fees, and charges.--

  6         (1)  The authority is authorized to fix, revise,

  7  charge, and collect rates, rents, fees, charges, and revenues

  8  for the use of and for the services furnished, or to be

  9  furnished, by the system and to contract with any person,

10  partnership, association, corporation, or other body, public

11  or private, in respect thereof. Such rates, rents, fees, and

12  charges shall be reviewed annually by the authority and may be

13  adjusted as set forth in the contract setting such rates,

14  rents, fees, or charges. The funds collected hereunder shall,

15  with any other funds available, be used to pay the cost of all

16  administrative expenses of the authority, and the cost of

17  designing, building, operating, and maintaining the system and

18  each and every portion thereof, to the extent that the payment

19  of such cost has not otherwise been adequately provided for.

20         (2)  Rates, rents, fees, and charges fixed, revised,

21  charged, and collected pursuant to this section shall not be

22  subject to supervision or regulation by any department,

23  commission, board, body, bureau, or agency of this state other

24  than the authority.

25         Section 47.  Section 341.839, Florida Statutes, is

26  created to read:

27         341.839  Alternate means.--The foregoing sections of

28  this act shall be deemed to provide an additional and

29  alternative method for accomplishing the purposes authorized

30  therein, and shall be regarded as supplemental and additional

31  to powers conferred by other laws. Except as otherwise


                                  73

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






                                        CS/HB 261, Third Engrossed



  1  expressly provided in this act, none of the powers granted to

  2  the authority under the provisions of this act shall be

  3  subject to the supervision or require the approval or consent

  4  of any municipality or political subdivision or any

  5  commission, board, body, bureau, or official.

  6         Section 48.  Section 341.840, Florida Statutes, is

  7  created to read:

  8         341.840  Tax exemption.--The exercise of the powers

  9  granted by this act will be in all respects for the benefit of

10  the people of this state, for the increase of their commerce,

11  welfare, and prosperity, and for the improvement of their

12  health and living conditions, and as the design, building,

13  operation, maintenance, and financing of a system by the

14  authority or its agent or the owner or lessee thereof, as

15  herein authorized, constitutes the performance of an essential

16  public function, neither the authority, its agent, nor the

17  owner of such system shall be required to pay any taxes or

18  assessments upon or in respect to the system or any property

19  acquired or used by the authority, its agent, or such owner

20  under the provisions of this act or upon the income therefrom,

21  any security therefor, their transfer, and the income

22  therefrom, including any profit made on the sale thereof,

23  shall at all times be free from taxation of every kind by the

24  state, the counties, and the municipalities and other

25  political subdivisions in the state.

26         Section 49.  Section 341.841, Florida Statutes, is

27  created to read:

28         341.841  Report; audit.--The authority shall prepare an

29  annual report of its actions, findings, and recommendations

30  and submit the report to the Governor, the President of the

31  Senate, and the Speaker of the House of Representatives on or


                                  74

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






                                        CS/HB 261, Third Engrossed



  1  before January 1. The authority shall provide for an annual

  2  financial audit, as defined in s. 11.45, of its accounts and

  3  records conducted by an independent certified public

  4  accountant. The audit report shall include a management letter

  5  as defined in s. 11.45. The cost of the audit shall be paid

  6  from funds available to the authority pursuant to this act.

  7         Section 50.  Section 341.842, Florida Statutes, is

  8  created to read:

  9         341.842  Liberal construction.--This act, being

10  necessary for the welfare of the state and its inhabitants,

11  shall be liberally construed to effect the purposes hereof.

12         Section 51.  Subsection (10) of section 288.109,

13  Florida Statutes, is amended to read:

14         288.109  One-Stop Permitting System.--

15         (10)  Notwithstanding any other provision of law or

16  administrative rule to the contrary, the fee imposed by a

17  state agency or water management district for issuing a

18  development permit shall be waived for a 6-month period

19  beginning on the date the state agency or water management

20  district begins accepting development permit applications over

21  the Internet and the applicant submits the development permit

22  to the agency or district using the One-Stop Permitting

23  System. The 6-month fee waiver shall not apply to development

24  permit fees assessed by the Electrical Power Plant Siting Act,

25  ss. 403.501-403.519; the Transmission Line Siting Act, ss.

26  403.52-403.5365; the statewide Multi-purpose Hazardous Waste

27  Facility Siting Act, ss. 403.78-403.7893; and the Natural Gas

28  Pipeline Siting Act, ss. 403.9401-403.9425; and the High Speed

29  Rail Transportation Siting Act, ss. 341.3201-341.386.

30         Section 52.  Subsection (6) of section 334.30, Florida

31  Statutes, is amended to read:


                                  75

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






                                        CS/HB 261, Third Engrossed



  1         334.30  Private transportation facilities.--The

  2  Legislature hereby finds and declares that there is a public

  3  need for rapid construction of safe and efficient

  4  transportation facilities for the purpose of travel within the

  5  state, and that it is in the public's interest to provide for

  6  the construction of additional safe, convenient, and

  7  economical transportation facilities.

  8         (6)  Notwithstanding s. 341.327, A fixed-guideway

  9  transportation system authorized by the department to be

10  wholly or partially within the department's right-of-way

11  pursuant to a lease granted under s. 337.251 may operate at

12  any safe speed.

13         Section 53.  Subsection (9) of section 337.251, Florida

14  Statutes, is amended to read:

15         337.251  Lease of property for joint public-private

16  development and areas above or below department property.--

17         (9)  Notwithstanding s. 341.327, A fixed-guideway

18  transportation system authorized by the department to be

19  wholly or partially within the department's right-of-way

20  pursuant to a lease granted under this section may operate at

21  any safe speed.

22         Section 54.  Section 341.501, Florida Statutes, is

23  amended to read:

24         341.501  High-technology transportation systems; joint

25  project agreement or assistance.--Notwithstanding any other

26  provision of law, the Department of Transportation may enter

27  into a joint project agreement with, or otherwise assist,

28  private or public entities, or consortia thereof, to

29  facilitate the research, development, and demonstration of

30  high-technology transportation systems, including, but not

31  limited to, systems using magnetic levitation technology. The


                                  76

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






                                        CS/HB 261, Third Engrossed



  1  provisions of the Florida High-Speed Rail Transportation Act,

  2  ss. 341.3201-341.386, do not apply to actions taken under this

  3  section, and The department may, subject to s. 339.135,

  4  provide funds to match any available federal aid for

  5  effectuating the research, development, and demonstration of

  6  high-technology transportation systems.

  7         Section 55.  Sections 341.3201, 341.321, 341.322,

  8  341.325, 341.327, 341.329, 341.331, 341.332, 341.3331,

  9  341.3332, 341.3333, 341.3334, 341.3335, 341.3336, 341.3337,

10  341.3338, 341.3339, 341.334, 341.335, 341.336, 341.3365,

11  341.342, 341.343, 341.344, 341.345, 341.346, 341.3465,

12  341.347, 341.348, 341.351, 341.352, 341.353, 341.363, 341.364,

13  341.365, 341.366, 341.368, 341.369, 341.371, 341.372, 341.375,

14  341.381, 341.382, 341.383, and 341.386, Florida Statutes, are

15  repealed.

16         Section 56.  Section 59 of chapter 99-385, Laws of

17  Florida, is repealed.

18         Section 57.  Paragraph (b) of subsection (3) of section

19  73.071, Florida Statutes, is amended to read:

20         73.071  Jury trial; compensation; severance damages;

21  business damages.--

22         (3)  The jury shall determine solely the amount of

23  compensation to be paid, which compensation shall include:

24         (b)  Where less than the entire property is sought to

25  be appropriated, any damages to the remainder caused by the

26  taking, including, when the action is by the Department of

27  Transportation, county, municipality, board, district or other

28  public body for the condemnation of a right-of-way, and the

29  effect of the taking of the property involved may damage or

30  destroy an established business of more than 4 years' standing

31  before January 1, 2005, or the effect of the taking of the


                                  77

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






                                        CS/HB 261, Third Engrossed



  1  property involved may damage or destroy an established

  2  business of more than 5 years' standing on or after January 1,

  3  2005, owned by the party whose lands are being so taken,

  4  located upon adjoining lands owned or held by such party, the

  5  probable damages to such business which the denial of the use

  6  of the property so taken may reasonably cause; any person

  7  claiming the right to recover such special damages shall set

  8  forth in his or her written defenses the nature and extent of

  9  such damages; and

10         Section 58.  Paragraph (k) is added to subsection (6)

11  of section 163.3177, Florida Statutes, to read:

12         163.3177  Required and optional elements of

13  comprehensive plan; studies and surveys.--

14         (6)  In addition to the requirements of subsections

15  (1)-(5), the comprehensive plan shall include the following

16  elements:

17         (k)  An airport master plan, and any subsequent

18  amendments to the airport master plan, prepared by a licensed

19  publicly owned and operated airport under s. 333.06 may be

20  incorporated into the local government comprehensive plan by

21  the local government having jurisdiction under this act for

22  the area in which the airport or projected airport development

23  is located by the adoption of a comprehensive plan amendment.

24  In the amendment to the local comprehensive plan that

25  integrates the airport master plan, the comprehensive plan

26  amendment shall address land use compatibility consistent with

27  chapter 333 regarding airport zoning; the provision of

28  regional transportation facilities for the efficient use and

29  operation of the transportation system and airport;

30  consistency with the local government transportation

31  circulation element and applicable metropolitan planning


                                  78

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






                                        CS/HB 261, Third Engrossed



  1  organization long-range transportation plans; and the

  2  execution of any necessary interlocal agreements for the

  3  purposes of the provision of public facilities and services to

  4  maintain the adopted level of service standards for facilities

  5  subject to concurrency; and may address airport-related or

  6  aviation-related development. Development or expansion of an

  7  airport consistent with the adopted airport master plan that

  8  has been incorporated into the local comprehensive plan in

  9  compliance with this part, and airport-related or

10  aviation-related development that has been addressed in the

11  comprehensive plan amendment that incorporates the airport

12  master plan, shall not be a development of regional impact.

13         Section 59.  Section 189.441, Florida Statutes, is

14  amended to read:

15         189.441  Contracts.--Contracts for the construction of

16  projects and for any other purpose of the authority may be

17  awarded by the authority in a manner that will best promote

18  free and open competition, including advertisement for

19  competitive bids; however, if the authority determines that

20  the purposes of this act will be more effectively served

21  thereby, the authority may award or cause to be awarded

22  contracts for the construction of any project, including

23  design-build contracts, or any part thereof, or for any other

24  purpose of the authority upon a negotiated basis as determined

25  by the authority. Each contractor doing business with the

26  authority and required to be licensed by the state or local

27  general-purpose governments must maintain the license during

28  the term of the contract with the authority. The authority may

29  prescribe bid security requirements and other procedures in

30  connection with the award of contracts which protect the

31  public interest. Section 287.055 does not apply to the


                                  79

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






                                        CS/HB 261, Third Engrossed



  1  selection of professional architectural, engineering,

  2  landscape architectural, or land surveying services by the

  3  authority or to the procurement of design-build contracts. The

  4  authority may, and in the case of a new professional sports

  5  franchise must, by written contract engage the services of the

  6  operator, lessee, sublessee, or purchaser, or prospective

  7  operator, lessee, sublessee, or purchaser, of any project in

  8  the construction of the project and may, and in the case of a

  9  new professional sports franchise must, provide in the

10  contract that the lessee, sublessee, purchaser, or prospective

11  lessee, sublessee, or purchaser, may act as an agent of, or an

12  independent contractor for, the authority for the performance

13  of the functions described therein, subject to the conditions

14  and requirements prescribed in the contract, including

15  functions such as the acquisition of the site and other real

16  property for the project; the preparation of plans,

17  specifications, financing, and contract documents; the award

18  of construction and other contracts upon a competitive or

19  negotiated basis; the construction of the project, or any part

20  thereof, directly by the lessee, purchaser, or prospective

21  lessee or purchaser; the inspection and supervision of

22  construction; the employment of engineers, architects,

23  builders, and other contractors; and the provision of money to

24  pay the cost thereof pending reimbursement by the authority.

25  Any such contract may, and in the case of a new professional

26  sports franchise must, allow the authority to make advances to

27  or reimburse the lessee, sublessee, or purchaser, or

28  prospective lessee, sublessee, or purchaser for its costs

29  incurred in the performance of those functions, and must set

30  forth the supporting documents required to be submitted to the

31  authority and the reviews, examinations, and audits that are


                                  80

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






                                        CS/HB 261, Third Engrossed



  1  required in connection therewith to assure compliance with the

  2  contract.

  3         Section 60.  Subsection (2) of section 212.0606,

  4  Florida Statutes, is amended to read:

  5         212.0606  Rental car surcharge.--

  6         (2)(a)  Notwithstanding the provisions of section

  7  212.20, and less costs of administration, 80 percent of the

  8  proceeds of this surcharge shall be deposited in the State

  9  Transportation Trust Fund, 15.75 percent of the proceeds of

10  this surcharge shall be deposited in the Tourism Promotional

11  Trust Fund created in s. 288.122, and 4.25 percent of the

12  proceeds of this surcharge shall be deposited in the Florida

13  International Trade and Promotion Trust Fund. For the purposes

14  of this subsection, "proceeds" of the surcharge means all

15  funds collected and received by the department under this

16  section, including interest and penalties on delinquent

17  surcharges.

18         (b)  Notwithstanding any other provision of law, in

19  fiscal year 2007-2008 and each year thereafter, the proceeds

20  deposited in the State Transportation Trust Fund shall be

21  allocated on an annual basis in the Department of

22  Transportation's work program to each department district,

23  except the Turnpike District. The amount allocated for each

24  district shall be based upon the amount of proceeds collected

25  in the counties within each respective district.

26         Section 61.  Subsection (2) of section 215.615, Florida

27  Statutes, is amended to read:

28         215.615  Fixed-guideway transportation systems

29  funding.--

30         (2)  To be eligible for participation, fixed-guideway

31  transportation system projects must comply with the major


                                  81

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






                                        CS/HB 261, Third Engrossed



  1  capital investment policy guidelines and criteria established

  2  by the Department of Transportation under chapter 341; must be

  3  found to be consistent, to the maximum extent feasible, with

  4  approved local government comprehensive plans of the local

  5  governments in which such projects are located; and must be

  6  included in the work program of the Department of

  7  Transportation pursuant to the provisions under s. 339.135.

  8  The department shall certify that the expected useful life of

  9  the transportation improvements will equal or exceed the

10  maturity date of the debt to be issued.

11         Section 62.  Paragraph (a) of subsection (1) of section

12  255.20, Florida Statutes, is amended to read:

13         255.20  Local bids and contracts for public

14  construction works; specification of state-produced lumber.--

15         (1)  A county, municipality, special district as

16  defined in chapter 189, or other political subdivision of the

17  state seeking to construct or improve a public building,

18  structure, or other public construction works must

19  competitively award to an appropriately licensed contractor

20  each project that is estimated in accordance with generally

21  accepted cost-accounting principles to have total construction

22  project costs of more than $200,000. For electrical work,

23  local government must competitively award to an appropriately

24  licensed contractor each project that is estimated in

25  accordance with generally accepted cost-accounting principles

26  to have a cost of more than $50,000. As used in this section,

27  the term "competitively award" means to award contracts based

28  on the submission of sealed bids, proposals submitted in

29  response to a request for proposal, proposals submitted in

30  response to a request for qualifications, or proposals

31  submitted for competitive negotiation. This subsection


                                  82

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






                                        CS/HB 261, Third Engrossed



  1  expressly allows contracts for construction management

  2  services, design/build contracts, continuation contracts based

  3  on unit prices, and any other contract arrangement with a

  4  private sector contractor permitted by any applicable

  5  municipal or county ordinance, by district resolution, or by

  6  state law. For purposes of this section, construction costs

  7  include the cost of all labor, except inmate labor, and

  8  include the cost of equipment and materials to be used in the

  9  construction of the project. Subject to the provisions of

10  subsection (3), the county, municipality, special district, or

11  other political subdivision may establish, by municipal or

12  county ordinance or special district resolution, procedures

13  for conducting the bidding process.

14         (a)  The provisions of this subsection do not apply:

15         1.  When the project is undertaken to replace,

16  reconstruct, or repair an existing facility damaged or

17  destroyed by a sudden unexpected turn of events, such as an

18  act of God, riot, fire, flood, accident, or other urgent

19  circumstances, and such damage or destruction creates:

20         a.  An immediate danger to the public health or safety;

21         b.  Other loss to public or private property which

22  requires emergency government action; or

23         c.  An interruption of an essential governmental

24  service.

25         2.  When, after notice by publication in accordance

26  with the applicable ordinance or resolution, the governmental

27  entity does not receive any responsive bids or responses.

28         3.  To construction, remodeling, repair, or improvement

29  to a public electric or gas utility system when such work on

30  the public utility system is performed by personnel of the

31  system.


                                  83

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






                                        CS/HB 261, Third Engrossed



  1         4.  To construction, remodeling, repair, or improvement

  2  by a utility commission whose major contracts are to construct

  3  and operate a public electric utility system.

  4         5.  When the project is undertaken as repair or

  5  maintenance of an existing public facility.

  6         6.  When the project is undertaken exclusively as part

  7  of a public educational program.

  8         7.  When the funding source of the project will be

  9  diminished or lost because the time required to competitively

10  award the project after the funds become available exceeds the

11  time within which the funding source must be spent.

12         8.  When the local government has competitively awarded

13  a project to a private sector contractor and the contractor

14  has abandoned the project before completion or the local

15  government has terminated the contract.

16         9.  When the governing board of the local government,

17  after public notice, conducts a public meeting under s.

18  286.011 and finds by a majority vote of the governing board

19  that it is in the public's best interest to perform the

20  project using its own services, employees, and equipment. The

21  public notice must be published at least 14 days prior to the

22  date of the public meeting at which the governing board takes

23  final action to apply this subparagraph. The notice must

24  identify the project, the estimated cost of the project, and

25  specify that the purpose for the public meeting is to consider

26  whether it is in the public's best interest to perform the

27  project using the local government's own services, employees,

28  and equipment. In deciding whether it is in the public's best

29  interest for local government to perform a project using its

30  own services, employees, and equipment, the governing board

31  may consider the cost of the project, whether the project


                                  84

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






                                        CS/HB 261, Third Engrossed



  1  requires an increase in the number of government employees, an

  2  increase in capital expenditures for public facilities,

  3  equipment or other capital assets, the impact on local

  4  economic development, the impact on small and minority

  5  business owners, the impact on state and local tax revenues,

  6  whether the private sector contractors provide health

  7  insurance and other benefits equivalent to those provided by

  8  the local government, and any other factor relevant to what is

  9  in the public's best interest.

10         10.  When the governing board of the local government

11  determines upon consideration of specific substantive criteria

12  and administrative procedures that it is in the best interest

13  of the local government to award the project to an

14  appropriately licensed private sector contractor according to

15  procedures established by and expressly set forth in a

16  charter, ordinance, or resolution of the local government

17  adopted prior to July 1, 1994. The criteria and procedures

18  must be set out in the charter, ordinance, or resolution and

19  must be applied uniformly by the local government to avoid

20  award of any project in an arbitrary or capricious manner.

21  This exception shall apply when all of the following occur:

22         a.  When the governing board of the local government,

23  after public notice, conducts a public meeting under s.

24  286.011 and finds by a two-thirds vote of the governing board

25  that it is in the public's best interest to award the project

26  according to the criteria and procedures established by

27  charter, ordinance, or resolution. The public notice must be

28  published at least 14 days prior to the date of the public

29  meeting at which the governing board takes final action to

30  apply this subparagraph. The notice must identify the project,

31  the estimated cost of the project, and specify that the


                                  85

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






                                        CS/HB 261, Third Engrossed



  1  purpose for the public meeting is to consider whether it is in

  2  the public's best interest to award the project using the

  3  criteria and procedures permitted by the preexisting

  4  ordinance.

  5         b.  In the event the project is to be awarded by any

  6  method other than a competitive selection process, the

  7  governing board must find evidence that:

  8         (I)  There is one appropriately licensed contractor who

  9  is uniquely qualified to undertake the project because that

10  contractor is currently under contract to perform work that is

11  affiliated with the project; or

12         (II)  The time to competitively award the project will

13  jeopardize the funding for the project, or will materially

14  increase the cost of the project or will create an undue

15  hardship on the public health, safety, or welfare.

16         c.  In the event the project is to be awarded by any

17  method other than a competitive selection process, the

18  published notice must clearly specify the ordinance or

19  resolution by which the private sector contractor will be

20  selected and the criteria to be considered.

21         d.  In the event the project is to be awarded by a

22  method other than a competitive selection process, the

23  architect or engineer of record has provided a written

24  recommendation that the project be awarded to the private

25  sector contractor without competitive selection; and the

26  consideration by, and the justification of, the government

27  body are documented, in writing, in the project file and are

28  presented to the governing board prior to the approval

29  required in this paragraph.

30         11.  To projects subject to chapter 336.

31


                                  86

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






                                        CS/HB 261, Third Engrossed



  1         Section 63.  Paragraph (g) of subsection (2) of section

  2  287.055, Florida Statutes, is amended to read:

  3         287.055  Acquisition of professional architectural,

  4  engineering, landscape architectural, or surveying and mapping

  5  services; definitions; procedures; contingent fees prohibited;

  6  penalties.--

  7         (2)  DEFINITIONS.--For purposes of this section:

  8         (g)  A "continuing contract" is a contract for

  9  professional services entered into in accordance with all the

10  procedures of this act between an agency and a firm whereby

11  the firm provides professional services to the agency for

12  projects in which construction costs do not exceed $1 million

13  $500,000, for study activity when the fee for such

14  professional service does not exceed $50,000 $25,000, or for

15  work of a specified nature as outlined in the contract

16  required by the agency, with no time limitation except that

17  the contract must provide a termination clause.

18         Section 64.  Subsection (12) of section 311.09, Florida

19  Statutes, is amended to read:

20         311.09  Florida Seaport Transportation and Economic

21  Development Council.--

22         (12)  Members of the council shall serve without

23  compensation but are entitled to receive reimbursement for per

24  diem and travel expenses as provided in s. 112.061.  The

25  council may elect to provide an administrative staff to

26  provide services to the council on matters relating to the

27  Florida Seaport Transportation and Economic Development

28  Program and the council.  The cost for such administrative

29  services shall be paid by all ports that receive funding from

30  the Florida Seaport Transportation and Economic Development

31  Program, based upon a pro rata formula measured by each


                                  87

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






                                        CS/HB 261, Third Engrossed



  1  recipient's share of the funds as compared to the total funds

  2  disbursed to all recipients during the year. The share of

  3  costs for administrative services shall be paid in its total

  4  amount by the recipient port upon execution by the port and

  5  the Department of Transportation of a joint participation

  6  agreement for each council-approved project, and such payment

  7  is in addition to the matching funds required to be paid by

  8  the recipient port. Except as otherwise exempted by law, all

  9  moneys derived from the Florida Seaport Transportation and

10  Economic Development Program shall be expended in accordance

11  with the provisions of s. 287.057. Seaports subject to

12  competitive negotiation requirements of a local governing body

13  shall abide by the provisions of s. 287.055 be exempt from

14  this requirement.

15         Section 65.  Subsections (4) and (6) of section 315.02,

16  Florida Statutes, are amended to read:

17         315.02  Definitions.--As used in this law, the

18  following words and terms shall have the following meanings:

19         (4)  The word "unit" shall mean any county, port

20  district, port authority, or municipality or any governmental

21  unit created pursuant to s. 163.01(7)(d) that includes at

22  least one deepwater port as listed in s. 403.021(9)(b).

23         (6)  The term "port facilities" shall mean and shall

24  include harbor, shipping, and port facilities, and

25  improvements of every kind, nature, and description,

26  including, but without limitation, channels, turning basins,

27  jetties, breakwaters, public landings, wharves, docks,

28  markets, parks, recreational facilities, structures,

29  buildings, piers, storage facilities, including facilities

30  that may be used for warehouse, storage, and distribution of

31  cargo transported or to be transported through an airport or


                                  88

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






                                        CS/HB 261, Third Engrossed



  1  port facility, security measures identified pursuant to s.

  2  311.12, public buildings and plazas, anchorages, utilities,

  3  bridges, tunnels, roads, causeways, and any and all property

  4  and facilities necessary or useful in connection with the

  5  foregoing, and any one or more or any combination thereof and

  6  any extension, addition, betterment, or improvement of any

  7  thereof.

  8         Section 66.  Subsection (11) of section 315.03, Florida

  9  Statutes, is amended, subsections (12) through (21) of said

10  section are renumbered as subsections (13) through (22),

11  respectively, and a new subsection (12) is added to said

12  section, to read:

13         315.03  Grant of powers.--Each unit is hereby

14  authorized and empowered:

15         (11)  To accept loans or grants of money or materials

16  or property at any time from the United States or the State of

17  Florida or any agency, instrumentality, or subdivision

18  thereof, or to participate in loan guarantees or lines of

19  credit provided by the United States, upon such terms and

20  conditions as the United States, the State of Florida, or such

21  agency, instrumentality, or subdivision may impose. Any entity

22  created pursuant to s. 163.01(7)(d) that involves at least one

23  deepwater port may participate in the provisions of this

24  subsection, with oversight by the Florida Seaport

25  Transportation and Economic Development Council.

26         (12)(a)  To pay interest or other financing-related

27  costs on federal loan guarantees, lines of credit, or secured

28  direct loans issued to finance eligible projects.  Any entity

29  created pursuant to s. 163.01(7)(d) that involves at least one

30  deepwater port may participate in the provisions of this

31  subsection, with oversight by the Florida Seaport


                                  89

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






                                        CS/HB 261, Third Engrossed



  1  Transportation and Economic Development Council, and may

  2  establish a loan program that would provide for the reuse of

  3  loan proceeds for similar program purposes.

  4         (b)  The Florida Seaport Transportation and Economic

  5  Development Council shall prepare an annual report detailing

  6  the amounts loaned, the projects financed by the loans, any

  7  interest earned, and loans outstanding. The report shall be

  8  submitted to the Governor, the President of the Senate, and

  9  the Speaker of the House of Representatives by January 1 of

10  each year, beginning in 2004.

11         (c)  The Legislature shall review the loan program

12  established pursuant to this subsection during the 2004

13  Regular Session of the Legislature.

14         Section 67.  Subsection (21) of section 316.003,

15  Florida Statutes, is amended, and subsections (82) and (83)

16  are added to said section, to read:

17         316.003  Definitions.--The following words and phrases,

18  when used in this chapter, shall have the meanings

19  respectively ascribed to them in this section, except where

20  the context otherwise requires:

21         (21)  MOTOR VEHICLE.--Any self-propelled vehicle not

22  operated upon rails or guideway, but not including any

23  bicycle, motorized scooter, electric personal assistive

24  mobility device, or moped.

25         (82)  MOTORIZED SCOOTER.--Any vehicle not having a seat

26  or saddle for the use of the rider, designed to travel on not

27  more than three wheels, and not capable of propelling the

28  vehicle at a speed greater than 30 miles per hour on level

29  ground.

30         (83)  ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.--Any

31  self-balancing, two-nontandem-wheeled device, designed to


                                  90

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






                                        CS/HB 261, Third Engrossed



  1  transport only one person, with an electric propulsion system

  2  with average power of 750 watts (1 horsepower), the maximum

  3  speed of which, on a paved level surface when powered solely

  4  by such a propulsion system while being ridden by an operator

  5  who weighs 170 pounds, is less than 20 miles per hour.

  6  Electric personal assistive mobility devices are not vehicles

  7  as defined in this section.

  8         Section 68.  Section 316.2068, Florida Statutes, is

  9  created to read:

10         316.2068  Electric personal assistive mobility devices;

11  regulations.--

12         (1)  An electric personal assistive mobility device, as

13  defined in s. 316.003, may be operated:

14         (a)  On a road or street where the posted speed limit

15  is 25 miles per hour or less.

16         (b)  On a marked bicycle path.

17         (c)  On any street or road where bicycles are

18  permitted.

19         (d)  At an intersection, to cross a road or street even

20  if the road or street has a posted speed limit of more than 25

21  miles per hour.

22         (e)  On a sidewalk, if the person operating the device

23  yields the right-of-way to pedestrians and gives an audible

24  signal before overtaking and passing a pedestrian.

25         (2)  A valid driver's license is not a prerequisite to

26  operating an electric personal assistive mobility device.

27         (3)  Electric personal assistive mobility devices need

28  not be registered and insured in accordance with s. 320.02.

29         (4)  A person who is under the age of 16 years may not

30  operate, ride, or otherwise be propelled on an electric

31  personal assistive mobility device unless the person wears a


                                  91

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






                                        CS/HB 261, Third Engrossed



  1  bicycle helmet that is properly fitted, that is fastened

  2  securely upon his or her head by a strap, and that meets the

  3  standards of the American National Standards Institute (ANSI Z

  4  Bicycle Helmet Standards), the standards of the Snell Memorial

  5  Foundation (1984 Standard for Protective Headgear for Use in

  6  Bicycling), or any other nationally recognized standards for

  7  bicycle helmets which are adopted by the department.

  8         (5)  A county or municipality may prohibit the

  9  operation of electric personal assistive mobility devices on

10  any road, street, or bicycle path under its jurisdiction if

11  the governing body of the county or municipality determines

12  that such a prohibition is necessary in the interest of

13  safety.

14         (6)  The Department of Transportation may prohibit the

15  operation of electric personal assistive mobility devices on

16  any road under its jurisdiction if it determines that such a

17  prohibition is necessary in the interest of safety.

18         Section 69.  Subsection (5) of section 316.515, Florida

19  Statutes, is amended to read:

20         316.515  Maximum width, height, length.--

21         (5)  IMPLEMENTS OF HUSBANDRY, AGRICULTURAL TRAILERS,

22  SAFETY REQUIREMENTS.--Notwithstanding any other provisions of

23  law, straight trucks and cotton module movers, not exceeding

24  50 feet in length, or any combination of up to and including

25  three implements of husbandry including the towing power unit,

26  and any single agricultural trailer, with a load thereon not

27  exceeding 130 inches in width, is authorized for the purpose

28  of transporting peanuts, grains, soybeans, cotton, hay, straw,

29  or other perishable farm products from their point of

30  production to the first point of change of custody or of

31  long-term storage, and for the purpose of returning to such


                                  92

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






                                        CS/HB 261, Third Engrossed



  1  point of production, by a person engaged in the production of

  2  any such product or custom hauler, if such vehicle or

  3  combination of vehicles otherwise complies with this section.

  4  Such vehicles shall be operated in accordance with all safety

  5  requirements prescribed by law and Department of

  6  Transportation rules. The Department of Transportation may

  7  issue overlength permits for cotton module movers greater than

  8  50 feet but not more than 55 feet in overall length.

  9         Section 70.  Subsection (4) is added to section

10  316.520, Florida Statutes, to read:

11         316.520  Loads on vehicles.--

12         (4)  The provision of subsection (2) requiring covering

13  and securing the load with a close-fitting tarpaulin or other

14  appropriate cover does not apply to vehicles carrying

15  agricultural products locally from a harvest site or to or

16  from a farm on roads where the posted speed limit is 65 miles

17  per hour or less and the distance driven on public roads is

18  less than 20 miles.

19         Section 71.  Section 316.80, Florida Statutes, is

20  created to read:

21         316.80  Unlawful conveyance of fuel; obtaining fuel

22  fraudulently.--

23         (1)  It is unlawful for any person to maintain, or

24  possess any conveyance or vehicle that is equipped with, fuel

25  tanks, bladders, drums, or other containers that do not

26  conform to 49 C.F.R. or have not been approved by the United

27  States Department of Transportation for the purpose of

28  hauling, transporting, or conveying motor or diesel fuel over

29  any public highway. Any person who violates any provision of

30  this subsection commits a felony of the third degree,

31  punishable as provided in s. 775.082, s. 775.083, or s.


                                  93

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






                                        CS/HB 261, Third Engrossed



  1  775.084, and, in addition, is subject to the revocation of

  2  driver license privileges as provided in s. 322.26.

  3         (2)  Any person who violates subsection (1) commits a

  4  felony of the third degree, punishable as provided in s.

  5  775.082, s. 775.083, or s. 775.084, if he or she has attempted

  6  to or has fraudulently obtained motor or diesel fuel by:

  7         (a)  Presenting a credit card or a credit card account

  8  number in violation of ss. 817.57-817.685;

  9         (b)  Using unauthorized access to any computer network

10  in violation of s. 815.06; or

11         (c)  Using a fraudulently scanned or lost or stolen

12  payment access device, whether credit card or contactless

13  device.

14         (3)  All conveyances or vehicles, fuel tanks, related

15  fuel, and other equipment described in subsection (1) shall be

16  subject to seizure and forfeiture as provided by the Florida

17  Contraband Forfeiture Act.

18         (4)  The law enforcement agency that seizes the motor

19  or diesel fuel under this section shall remove and reclaim,

20  recycle, or dispose of all associated motor or diesel fuel as

21  soon as practicable in a safe and proper manner from the

22  illegal containers.

23         (5)  Upon conviction of the person arrested for the

24  violation of any of the provisions of this section, the judge

25  shall issue an order adjudging and declaring that all fuel

26  tanks and other equipment used in violation of this section

27  shall be forfeited and directing their destruction, with the

28  exception of the conveyance or vehicle.

29         (6)  Any person convicted of a violation of this

30  section shall be responsible for:

31


                                  94

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






                                        CS/HB 261, Third Engrossed



  1         (a)  All reasonable costs incurred by the investigating

  2  law enforcement agency, including costs for the towing and

  3  storage of the conveyance or vehicle, the removal and disposal

  4  of the motor or diesel fuel, and the storage and destruction

  5  of all fuel tanks and other equipment described and used in

  6  violation of subsection (1); and

  7         (b)  Payment for the fuel to the party from whom any

  8  associated motor or diesel fuel was fraudulently obtained.

  9         (7)  This section does not apply to containers of 8

10  gallons or less.

11         Section 72.  Paragraphs (hh) and (ii) are added to

12  subsection (4) of section 320.08056, Florida Statutes, as

13  amended by section 1 of chapter 2001-355, Laws of Florida, to

14  read:

15         320.08056  Specialty license plates.--

16         (4)  The following license plate annual use fees shall

17  be collected for the appropriate specialty license plates:

18         (hh)  Florida Firefighters license plate, $20.

19         (ii)  Police Benevolent Association license plate, $20.

20         Section 73.  Subsections (34) and (35) are added to

21  section 320.08058, Florida Statutes, as amended by section 2

22  of chapter 2001-355, Laws of Florida, to read:

23         320.08058  Specialty license plates.--

24         (34)  FLORIDA FIREFIGHTERS LICENSE PLATE.--

25         (a)  Notwithstanding the provisions of s. 320.08053,

26  the department shall develop a Florida Firefighters license

27  plate as provided in this section. Florida Firefighters

28  license plates must bear the colors and design approved by the

29  department. The word "Florida" must appear at the top of the

30  plate, and the words "Salutes Firefighters" must appear at the

31  bottom of the plate.


                                  95

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






                                        CS/HB 261, Third Engrossed



  1         (b)  The requirements of s. 320.08053 must be met prior

  2  to the issuance of the plate. Thereafter, the proceeds of the

  3  annual use fee shall be distributed to Florida Firefighters

  4  Charities, a 501(c)(3) nonprofit corporation. Florida

  5  Firefighters Charities shall distribute the moneys according

  6  to its articles of incorporation.

  7         (35)  POLICE BENEVOLENT ASSOCIATION LICENSE PLATE.--

  8         (a)  Notwithstanding the provisions of s. 320.08053,

  9  the department shall develop a Police Benevolent Association

10  license plate as provided in this section. The word "Florida"

11  must appear at the top of the plate, the words "Support Law

12  Enforcement" must appear at the bottom of the plate, and a

13  shield with the Police Benevolent Association logo must appear

14  to the left of the numerals.

15         (b)  The requirements of s. 320.08053 must be met prior

16  to the issuance of the plate. Thereafter, the proceeds of the

17  annual use fee shall be distributed to the Florida Police

18  Benevolent Association Heart Fund, Incorporated, a 501(c)(3)

19  nonprofit corporation. The Florida Police Benevolent

20  Association Heart Fund, Incorporated, shall distribute moneys

21  according to its articles of incorporation.

22         Section 74.  Subsection (4) of section 332.004, Florida

23  Statutes, is amended to read:

24         332.004  Definitions of terms used in ss.

25  332.003-332.007.--As used in ss. 332.003-332.007, the term:

26         (4)  "Airport or aviation development project" or

27  "development project" means any activity associated with the

28  design, construction, purchase, improvement, or repair of a

29  public-use airport or portion thereof, including, but not

30  limited to: the purchase of equipment; the acquisition of

31  land, including land required as a condition of a federal,


                                  96

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






                                        CS/HB 261, Third Engrossed



  1  state, or local permit or agreement for environmental

  2  mitigation; off-airport noise mitigation projects; the

  3  removal, lowering, relocation, marking, and lighting of

  4  airport hazards; the installation of navigation aids used by

  5  aircraft in landing at or taking off from a public airport;

  6  the installation of safety equipment required by rule or

  7  regulation for certification of the airport under s. 612 of

  8  the Federal Aviation Act of 1958, and amendments thereto; and

  9  the improvement of access to the airport by road or rail

10  system which is on airport property and which is consistent,

11  to the maximum extent feasible, with the approved local

12  government comprehensive plan of the units of local government

13  in which the airport is located.

14         Section 75.  Subsection (8) of section 332.007, Florida

15  Statutes, as created by chapter 2001-349, Laws of Florida, is

16  amended, and subsection (9) is added to said section, to read:

17         332.007  Administration and financing of aviation and

18  airport programs and projects; state plan.--

19         (8)  Notwithstanding any other provision of law to the

20  contrary, the department is authorized to provide operational

21  and maintenance assistance to publicly owned public-use

22  airports. Such assistance shall be to comply with enhanced

23  federal security requirements or to address related economic

24  impacts from the events of September 11, 2001. For projects in

25  the current adopted work program, or projects added using the

26  available budget of the department, airports may request the

27  department change the project purpose in accordance with this

28  provision notwithstanding the provisions of s. 339.135(7). For

29  purposes of this subsection, the department may fund up to 100

30  percent of eligible project costs that are not funded by the

31  Federal Government. Prior to releasing any funds under this


                                  97

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






                                        CS/HB 261, Third Engrossed



  1  section, the department shall review and approve the

  2  expenditure plans submitted by the airport. The department

  3  shall inform the Legislature of any change that it approves

  4  under this subsection. This subsection shall expire on June

  5  30, 2004 2003.

  6           (9)  Notwithstanding any other law to the contrary,

  7  any airport with direct intercontinental passenger service

  8  that is located in a county with a population under 400,000 as

  9  of July 1, 2002, and that has a loan from the Department of

10  Transportation due in August of 2002 shall have such loan

11  extended until September 18, 2008.

12         Section 76.  Subsection (4) is added to section 333.06,

13  Florida Statutes, to read:

14         333.06  Airport zoning requirements.--

15         (4)  ADOPTION OF AIRPORT MASTER PLAN AND NOTICE TO

16  AFFECTED LOCAL GOVERNMENTS.--An airport master plan shall be

17  prepared by each publicly owned and operated airport licensed

18  by the Department of Transportation under chapter 330. The

19  authorized entity having responsibility for governing the

20  operation of the airport, when either requesting from or

21  submitting to a state or federal governmental agency with

22  funding or approval jurisdiction a "finding of no significant

23  impact," an environmental assessment, a site-selection study,

24  an airport master plan, or any amendment to an airport master

25  plan, shall submit simultaneously a copy of said request,

26  submittal, assessment, study, plan, or amendments by certified

27  mail to all affected local governments. For the purposes of

28  this subsection, "affected local government" is defined as any

29  city or county having jurisdiction over the airport and any

30  city or county located within 2 miles of the boundaries of the

31  land subject to the airport master plan.


                                  98

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






                                        CS/HB 261, Third Engrossed



  1         Section 77.  Section 334.175, Florida Statutes, is

  2  amended to read:

  3         334.175  Certification of project design plans and

  4  surveys.--All design plans and surveys prepared by or for the

  5  department shall be signed, sealed, and certified by the

  6  professional engineer or surveyor or architect or landscape

  7  architect in responsible charge of the project work.  Such

  8  professional engineer, surveyor, or architect, or landscape

  9  architect must be duly registered in this state.

10         Section 78.  Subsection (4) is added to section 336.41,

11  Florida Statutes, to read:

12         336.41  Counties; employing labor and providing road

13  equipment; accounting; when competitive bidding required.--

14         (4)(a)  For contracts in excess of $250,000, any county

15  may require that persons interested in performing work under

16  the contract first be certified or qualified to do the work.

17  Any contractor prequalified and considered eligible to bid by

18  the department to perform the type of work described under the

19  contract shall be presumed to be qualified to perform the work

20  so described. Any contractor may be considered ineligible to

21  bid by the county if the contractor is behind an approved

22  progress schedule by 10 percent or more on another project for

23  that county at the time of the advertisement of the work. The

24  county may provide an appeal process to overcome such

25  consideration with de novo review based on the record below to

26  the circuit court.

27         (b)  The county shall publish prequalification criteria

28  and procedures prior to advertisement or notice of

29  solicitation. Such publications shall include notice of a

30  public hearing for comment on such criteria and procedures

31  prior to adoption. The procedures shall provide for an appeal


                                  99

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






                                        CS/HB 261, Third Engrossed



  1  process within the county for objections to the

  2  prequalification process with de novo review based on the

  3  record below to the circuit court.

  4         (c)  The county shall also publish for comment, prior

  5  to adoption, the selection criteria and procedures to be used

  6  by the county if such procedures would allow selection of

  7  other than the lowest responsible bidder. The selection

  8  criteria shall include an appeal process within the county

  9  with de novo review based on the record below to the circuit

10  court.

11         Section 79.  Subsection (2) of section 336.44, Florida

12  Statutes, is amended to read:

13         336.44  Counties; contracts for construction of roads;

14  procedure; contractor's bond.--

15         (2)  Such contracts shall be let to the lowest

16  responsible competent bidder, after publication of notice for

17  bids containing specifications furnished by the commissioners

18  in a newspaper published in the county where such contract is

19  made, at least once each week for 2 consecutive weeks prior to

20  the making of such contract.

21         Section 80.  Subsection (4) of section 337.14, Florida

22  Statutes, is amended, and subsection (9) is added to said

23  section, to read:

24         337.14  Application for qualification; certificate of

25  qualification; restrictions; request for hearing.--

26         (4)  If the applicant is found to possess the

27  prescribed qualifications, the department shall issue to him

28  or her a certificate of qualification that which, unless

29  thereafter revoked by the department for good cause, will be

30  valid for a period of 18 16 months after from the date of the

31  applicant's financial statement or such shorter period as the


                                 100

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






                                        CS/HB 261, Third Engrossed



  1  department prescribes may prescribe. If In the event the

  2  department finds that an application is incomplete or contains

  3  inadequate information or information that which cannot be

  4  verified, the department may request in writing that the

  5  applicant provide the necessary information to complete the

  6  application or provide the source from which any information

  7  in the application may be verified. If the applicant fails to

  8  comply with the initial written request within a reasonable

  9  period of time as specified therein, the department shall

10  request the information a second time. If the applicant fails

11  to comply with the second request within a reasonable period

12  of time as specified therein, the application shall be denied.

13         (9)(a)  Notwithstanding any other law to the contrary,

14  for contracts in excess of $250,000, an authority created

15  pursuant to chapter 348 or chapter 349 may require that

16  persons interested in performing work under contract first be

17  certified or qualified to do the work.  Any contractor may be

18  considered ineligible to bid by the governmental entity or

19  authority if the contractor is behind an approved progress

20  schedule for the governmental entity or authority by 10

21  percent or more at the time of advertisement of the work. Any

22  contractor prequalified and considered eligible by the

23  department to bid to perform the type of work described under

24  the contract shall be presumed to be qualified to perform the

25  work so described.  The governmental entity or authority may

26  provide an appeal process to overcome that presumption with de

27  novo review based on the record below to the circuit court.

28         (b)  With respect to contractors not prequalified with

29  the department, the authority shall publish prequalification

30  criteria and procedures prior to advertisement or notice of

31  solicitation.  Such publications shall include notice of a


                                 101

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






                                        CS/HB 261, Third Engrossed



  1  public hearing for comment on such criteria and procedures

  2  prior to adoption.  The procedures shall provide for an appeal

  3  process within the authority for objections to the

  4  prequalification process with de novo review based on the

  5  record below to the circuit court within 30 days.

  6         (c)  An authority may establish criteria and procedures

  7  under which contractor selection may occur on a basis other

  8  than the lowest responsible bidder.  Prior to adoption, the

  9  authority shall publish for comment the proposed criteria and

10  procedures.  Review of the adopted criteria and procedures

11  shall be to the circuit court, within 30 days after adoption,

12  with de novo review based on the record below.

13         Section 81.  Subsection (2) of section 337.401, Florida

14  Statutes, is amended to read:

15         337.401  Use of right-of-way for utilities subject to

16  regulation; permit; fees.--

17         (2)  The authority may grant to any person who is a

18  resident of this state, or to any corporation which is

19  organized under the laws of this state or licensed to do

20  business within this state, the use of a right-of-way for the

21  utility in accordance with such rules or regulations as the

22  authority may adopt. No utility shall be installed, located,

23  or relocated unless authorized by a written permit issued by

24  the authority. However, for public roads or publicly owned

25  rail corridors under the jurisdiction of the department, a

26  utility relocation schedule and relocation agreement may be

27  executed in lieu of a written permit. The permit shall require

28  the permitholder to be responsible for any damage resulting

29  from the issuance of such permit. The authority may initiate

30  injunctive proceedings as provided in s. 120.69 to enforce

31


                                 102

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






                                        CS/HB 261, Third Engrossed



  1  provisions of this subsection or any rule or order issued or

  2  entered into pursuant thereto.

  3         Section 82.  Subsection (3) of section 337.408, Florida

  4  Statutes, is amended, subsection (5) is renumbered as

  5  subsection (6), and a new subsection (5) is added to said

  6  section to read:

  7         337.408  Regulation of benches, transit shelters,

  8  street light poles, and waste disposal receptacles within

  9  rights-of-way.--

10         (3)  The department has the authority to direct the

11  immediate relocation or removal of any bench, transit shelter,

12  or waste disposal receptacle which endangers life or property,

13  except that transit bus benches which have been placed in

14  service prior to April 1, 1992, do not have to comply with

15  bench size and advertising display size requirements which

16  have been established by the department prior to March 1,

17  1992.  Any transit bus bench that was in service prior to

18  April 1, 1992, may be replaced with a bus bench of the same

19  size or smaller, if the bench is damaged or destroyed or

20  otherwise becomes unusable. The Department is authorized to

21  promulgate rules relating to the regulation of bench size and

22  advertising display size requirements. However, if a

23  municipality or county within which a bench is to be located

24  has adopted an ordinance or other applicable regulation that

25  establishes bench size or advertising display sign

26  requirements different from requirements specified in

27  department rule, then the local government requirement shall

28  be applicable within the respective municipality or county.

29  Placement of any bench or advertising display on the National

30  Highway System under a local ordinance or regulation adopted

31


                                 103

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






                                        CS/HB 261, Third Engrossed



  1  pursuant to this subsection shall be subject to approval of

  2  the Federal Highway Administration.

  3         (5)  Street light poles, including attached public

  4  service messages and advertisements, may be located within the

  5  right-of-way limits of municipal and county roads in the same

  6  manner as benches, transit shelters, and waste disposal

  7  receptacles as provided in this section and in accordance with

  8  municipal and county ordinances. Public service messages and

  9  advertisements may be installed on street light poles on roads

10  on the State Highway System in accordance with height, size,

11  setback, spacing distance, duration of display, safety,

12  traffic control, and permitting requirements established by

13  administrative rule of the Department of Transportation.

14  Public service messages and advertisements shall be subject to

15  bilateral agreements, where applicable, to be negotiated with

16  the owner of the street light poles, which shall consider,

17  among other things, power source rates, design, safety,

18  operational and maintenance concerns, and other matters of

19  public importance.  For the purposes of this section, the term

20  "street light poles" does not include electric transmission or

21  distribution poles. The department shall have authority to

22  establish administrative rules to implement this subsection.

23  No advertising on light poles shall be permitted on the

24  Interstate Highway System. No permanent structures carrying

25  advertisements attached to light poles shall be permitted on

26  the National Highway System.

27         Section 83.  Subsection (10) of section 339.12, Florida

28  Statutes, is added, to read:

29         339.12  Aid and contributions by governmental entities

30  for department projects; federal aid.--

31


                                 104

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






                                        CS/HB 261, Third Engrossed



  1         (10)  Any county with a population greater than 50,000

  2  that levies the full 6 cents of local option fuel tax pursuant

  3  to ss. 206.41(1)(e) and 206.87(1)(c), or that dedicates 35

  4  percent or more of its discretionary sales surtax, pursuant to

  5  s. 212.055, for improvements to the state transportation

  6  system or to local projects directly upgrading the state

  7  transportation system within the county's boundaries shall

  8  receive preference for receipt of any transportation grant for

  9  which the county applies. This subsection shall not apply to

10  loans or nonhighway grant programs.

11         Section 84.  Subsections (2) and (5) of section 339.55,

12  Florida Statutes, are amended to read:

13         339.55  State-funded infrastructure bank.--

14         (2)  The bank may lend capital costs or provide credit

15  enhancements for a transportation facility project that is on

16  the State Highway System or that provides for increased

17  mobility on the state's transportation system or provides

18  intermodal connectivity with airports, seaports, rail

19  facilities, and other transportation terminals, pursuant to s.

20  341.053, for the movement of people and goods. Loans from the

21  bank may be subordinated to senior project debt that has an

22  investment grade rating of "BBB" or higher.

23         (5)  The department may consider, but is not limited

24  to, the following criteria for evaluation of projects for

25  assistance from the bank:

26         (a)  The credit worthiness of the project.

27         (b)  A demonstration that the project will encourage,

28  enhance, or create economic benefits.

29         (c)  The likelihood that assistance would enable the

30  project to proceed at an earlier date than would otherwise be

31  possible.


                                 105

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






                                        CS/HB 261, Third Engrossed



  1         (d)  The extent to which assistance would foster

  2  innovative public-private partnerships and attract private

  3  debt or equity investment.

  4         (e)  The extent to which the project would use new

  5  technologies, including intelligent transportation systems,

  6  that would enhance the efficient operation of the project.

  7         (f)  The extent to which the project would maintain or

  8  protect the environment.

  9         (g)  A demonstration that the project includes

10  transportation benefits for improving intermodalism, cargo and

11  freight movement, and safety.

12         (h)  The amount of the proposed assistance as a

13  percentage of the overall project costs with emphasis on local

14  and private participation.

15         (i)  The extent to which the project will provide for

16  connectivity between the State Highway System and airports,

17  seaports, rail facilities, and other transportation terminals

18  and intermodal options pursuant to s. 341.053 for the

19  increased accessibility and movement of people and goods.

20         Section 85.  Subsections (8) and (10) of section

21  341.031, Florida Statutes, are amended to read:

22         341.031  Definitions relating to Florida Public Transit

23  Act.--As used in ss. 341.011-341.061, the term:

24         (8)  "Public transit service development project" means

25  a project undertaken by a public agency to determine whether a

26  new or innovative technique or measure can be utilized to

27  improve or expand public transit services to its constituency.

28  The duration of the project shall be limited according to the

29  type of the project in conformance with the provisions of s.

30  341.051(5)(e)(f), but in no case shall exceed a period of 3

31  years.  Public transit service development projects


                                 106

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






                                        CS/HB 261, Third Engrossed



  1  specifically include projects involving the utilization of new

  2  technologies, services, routes, or vehicle frequencies; the

  3  purchase of special transportation services; and other such

  4  techniques for increasing service to the riding public as are

  5  applicable to specific localities and transit user groups.

  6         (10)  "Transit corridor project" means a project that

  7  is undertaken by a public agency and designed to relieve

  8  congestion and improve capacity within an identified

  9  transportation corridor by increasing people-carrying capacity

10  of the system through the use and facilitated movement of

11  high-occupancy conveyances.  Each transit corridor project

12  must meet the requirements established in s. 341.051(5)(d)(e)

13  and, if applicable, the requirements of the department's major

14  capital investment policy developed pursuant to s.

15  341.051(5)(b).  Initial project duration shall not exceed a

16  period of 2 years unless the project is reauthorized by the

17  Legislature.  Such reauthorization shall be based upon a

18  determination that the project is meeting or exceeding the

19  criteria, developed pursuant to s. 341.051(5)(d)(e), by which

20  the success of the project is being judged and by inclusion of

21  the project in a departmental appropriation request.

22         Section 86.  Subsection (5) of section 341.051, Florida

23  Statutes, is amended to read:

24         341.051  Administration and financing of public transit

25  programs and projects.--

26         (5)  FUND PARTICIPATION; CAPITAL ASSISTANCE.--

27         (a)  The department may fund up to 50 percent of the

28  nonfederal share of the costs, not to exceed the local share,

29  of any eligible public transit capital project or commuter

30  assistance project that is local in scope; except, however,

31  that departmental participation in the final design,


                                 107

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






                                        CS/HB 261, Third Engrossed



  1  right-of-way acquisition, and construction phases of an

  2  individual fixed-guideway project which is not approved for

  3  federal funding shall not exceed an amount equal to 12.5

  4  percent of the total cost of each phase.

  5         (b)  The Department of Transportation shall develop a

  6  major capital investment policy which shall include policy

  7  criteria and guidelines for the expenditure or commitment of

  8  state funds for public transit capital projects. The policy

  9  shall include the following:

10         1.  Methods to be used to determine consistency of a

11  transit project with the approved local government

12  comprehensive plans of the units of local government in which

13  the project is located.

14         2.  Methods for evaluating the level of local

15  commitment to a transit project, which is to be demonstrated

16  through system planning and the development of a feasible plan

17  to fund operating cost through fares, value capture techniques

18  such as joint development and special districts, or other

19  local funding mechanisms.

20         3.  Methods for evaluating alternative transit systems

21  including an analysis of technology and alternative methods

22  for providing transit services in the corridor.

23         (b)(c)  The department is authorized to fund up to 100

24  percent of the cost of any eligible transit capital project or

25  commuter assistance project that is statewide in scope or

26  involves more than one county where no other governmental

27  entity or appropriate jurisdiction exists.

28         (c)(d)  The department is authorized to advance up to

29  80 percent of the capital cost of any eligible project that

30  will assist Florida's transit systems in becoming fiscally

31  self-sufficient. Such advances shall be reimbursed to the


                                 108

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






                                        CS/HB 261, Third Engrossed



  1  department on an appropriate schedule not to exceed 5 years

  2  after the date of provision of the advances.

  3         (d)(e)  The department is authorized to fund up to 100

  4  percent of the capital and net operating costs of statewide

  5  transit service development projects or transit corridor

  6  projects. All transit service development projects shall be

  7  specifically identified by way of a departmental appropriation

  8  request, and transit corridor projects shall be identified as

  9  part of the planned improvements on each transportation

10  corridor designated by the department. The project objectives,

11  the assigned operational and financial responsibilities, the

12  timeframe required to develop the required service, and the

13  criteria by which the success of the project will be judged

14  shall be documented by the department for each such transit

15  service development project or transit corridor project.

16         (e)(f)  The department is authorized to fund up to 50

17  percent of the capital and net operating costs of transit

18  service development projects that are local in scope and that

19  will improve system efficiencies, ridership, or revenues. All

20  such projects shall be identified in the appropriation request

21  of the department through a specific program of projects, as

22  provided for in s. 341.041, that is selectively applied in the

23  following functional areas and is subject to the specified

24  times of duration:

25         1.  Improving system operations, including, but not

26  limited to, realigning route structures, increasing system

27  average speed, decreasing deadhead mileage, expanding area

28  coverage, and improving schedule adherence, for a period of up

29  to 3 years;

30         2.  Improving system maintenance procedures, including,

31  but not limited to, effective preventive maintenance programs,


                                 109

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






                                        CS/HB 261, Third Engrossed



  1  improved mechanics training programs, decreasing service

  2  repair calls, decreasing parts inventory requirements, and

  3  decreasing equipment downtime, for a period of up to 3 years;

  4         3.  Improving marketing and consumer information

  5  programs, including, but not limited to, automated information

  6  services, organized advertising and promotion programs, and

  7  signing of designated stops, for a period of up to 2 years;

  8  and

  9         4.  Improving technology involved in overall

10  operations, including, but not limited to, transit equipment,

11  fare collection techniques, electronic data processing

12  applications, and bus locators, for a period of up to 2 years.

13

14  For purposes of this section, the term "net operating costs"

15  means all operating costs of a project less any federal funds,

16  fares, or other sources of income to the project.

17         Section 87.  Subsection (6) of section 341.053, Florida

18  Statutes, is amended to read:

19         341.053  Intermodal Development Program;

20  administration; eligible projects; limitations.--

21         (6)  The department is authorized to fund projects

22  within the Intermodal Development Program, which are

23  consistent, to the maximum extent feasible, with approved

24  local government comprehensive plans of the units of local

25  government in which the project is located.  Projects that are

26  eligible for funding under this program include major capital

27  investments in public rail and fixed-guideway transportation

28  facilities and systems which provide intermodal access and

29  which, if approved after July 1, 1991, have complied with the

30  requirement of the department's major capital investment

31  policy; road, rail, or fixed-guideway access to, from, or


                                 110

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






                                        CS/HB 261, Third Engrossed



  1  between seaports, airports, and other transportation

  2  terminals; construction of intermodal or multimodal terminals;

  3  development and construction of dedicated bus lanes; and

  4  projects which otherwise facilitate the intermodal or

  5  multimodal movement of people and goods.

  6         Section 88.  Section 341.501, Florida Statutes, is

  7  amended to read:

  8         341.501  High-technology transportation systems; joint

  9  project agreement or assistance.--Notwithstanding any other

10  provision of law, the Department of Transportation may enter

11  into a joint project agreement with, or otherwise assist,

12  private or public entities, or consortia thereof, to

13  facilitate the research, development, and demonstration of

14  high-technology transportation systems, including, but not

15  limited to, systems using magnetic levitation technology. The

16  provisions of the Florida High-Speed Rail Transportation Act,

17  ss. 341.3201-341.386, do not apply to actions taken under this

18  section, and the department may, subject to s. 339.135,

19  provide funds to match any available federal aid or aid from

20  other states or jurisdictions for effectuating the research,

21  development, and demonstration of high-technology

22  transportation systems. To be eligible for funding under this

23  section, the project must be located in Florida.

24         Section 89.  Paragraph (d) of subsection (2) of section

25  348.0003, Florida Statutes, is amended to read:

26         348.0003  Expressway authority; formation;

27  membership.--

28         (2)  The governing body of an authority shall consist

29  of not fewer than five nor more than nine voting members. The

30  district secretary of the affected department district shall

31  serve as a nonvoting member of the governing body of each


                                 111

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






                                        CS/HB 261, Third Engrossed



  1  authority located within the district. Each member of the

  2  governing body must at all times during his or her term of

  3  office be a permanent resident of the county which he or she

  4  is appointed to represent.

  5         (d)  Notwithstanding any provision to the contrary in

  6  this subsection, in any county as defined in s. 125.011(1),

  7  the governing body of an authority shall consist of up to 13

  8  members, and the following provisions of this paragraph shall

  9  apply specifically to such authority. Except for the district

10  secretary of the department, the members must be residents of

11  the county. Seven voting members shall be appointed by the

12  governing body of the county. At the discretion of the

13  governing body of the county, up to two of the members

14  appointed by the governing body of the county may be elected

15  officials residing in the county. Five voting members of the

16  authority shall be appointed by the Governor. One member shall

17  be the district secretary of the department serving in the

18  district that contains such county. This member shall be an ex

19  officio voting member of the authority. If the governing board

20  of an authority includes any member originally appointed by

21  the governing body of the county as a nonvoting member, when

22  the term of such member expires, that member shall be replaced

23  by a member appointed by the Governor until the governing body

24  of the authority is composed of seven members appointed by the

25  governing body of the county and five members appointed by the

26  Governor. The qualifications, terms of office, and obligations

27  and rights of members of the authority shall be determined by

28  resolution or ordinance of the governing body of the county in

29  a manner that is consistent with subsections (3) and (4).

30         Section 90.  Section 348.0008, Florida Statutes, is

31  amended to read:


                                 112

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






                                        CS/HB 261, Third Engrossed



  1         348.0008  Acquisition of lands and property.--

  2         (1)  For the purposes of the Florida Expressway

  3  Authority Act, an expressway authority may acquire such

  4  rights, title, or interest in private or public property and

  5  such property rights, including easements, rights of access,

  6  air, view, and light, by gift, devise, purchase, or

  7  condemnation by eminent domain proceedings, as the authority

  8  may deem necessary for any of the purposes of the Florida

  9  Expressway Authority Act, including, but not limited to, any

10  lands reasonably necessary for securing applicable permits,

11  areas necessary for management of access, borrow pits,

12  drainage ditches, water retention areas, rest areas,

13  replacement access for landowners whose access is impaired due

14  to the construction of an expressway system, and replacement

15  rights-of-way for relocated rail and utility facilities; for

16  existing, proposed, or anticipated transportation facilities

17  on the expressway system or in a transportation corridor

18  designated by the authority; or for the purposes of screening,

19  relocation, removal, or disposal of junkyards and scrap metal

20  processing facilities.  The authority may also condemn any

21  material and property necessary for such purposes.

22         (2)  An authority and its authorized agents,

23  contractors, and employees are authorized to enter upon any

24  lands, waters, and premises, upon giving reasonable notice to

25  the landowner, for the purpose of making surveys, soundings,

26  drillings, appraisals, environmental assessments including

27  phase I and phase II environmental surveys, archaeological

28  assessments, and such other examinations as are necessary for

29  the acquisition of private or public property and property

30  rights, including rights of access, air, view, and light, by

31  gift, devise, purchase, or condemnation by eminent domain


                                 113

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






                                        CS/HB 261, Third Engrossed



  1  proceedings or as are necessary for the authority to perform

  2  its duties and functions; and any such entry shall not be

  3  deemed a trespass or an entry that would constitute a taking

  4  in an eminent domain proceeding. An expressway authority shall

  5  make reimbursement for any actual damage to such lands, water,

  6  and premises as a result of such activities.  Any entry

  7  authorized by this subsection shall be in compliance with the

  8  premises protections and landowner liability provisions

  9  contained in s. 581.184 and s. 472.029.

10         (3)(2)  The right of eminent domain conferred by the

11  Florida Expressway Authority Act must be exercised by each

12  authority in the manner provided by law.

13         (4)(3)  When an authority acquires property for an

14  expressway system or in a transportation corridor as defined

15  in s. 334.03, it is not subject to any liability imposed by

16  chapter 376 or chapter 403 for preexisting soil or groundwater

17  contamination due solely to its ownership. This subsection

18  does not affect the rights or liabilities of any past or

19  future owners of the acquired property nor does it affect the

20  liability of any governmental entity for the results of its

21  actions which create or exacerbate a pollution source. An

22  authority and the Department of Environmental Protection may

23  enter into interagency agreements for the performance,

24  funding, and reimbursement of the investigative and remedial

25  acts necessary for property acquired by the authority.

26         Section 91.  Section 348.545, Florida Statutes, is

27  created to read:

28         348.545  Facility improvement; bond financing

29  authority.--Pursuant to s. 11(f), Art. VII of the State

30  Constitution, the Legislature hereby approves for bond

31  financing by the Tampa-Hillsborough County Expressway


                                 114

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






                                        CS/HB 261, Third Engrossed



  1  Authority improvements to toll collection facilities,

  2  interchanges to the legislatively approved expressway system,

  3  and any other facility appurtenant, necessary, or incidental

  4  to the approved system.  Subject to terms and conditions of

  5  applicable revenue bond resolutions and covenants, such

  6  financing may be in whole or in part by revenue bonds

  7  currently issued or issued in the future, or by a combination

  8  of such bonds.

  9         Section 92.  Section 348.565, Florida Statutes, is

10  amended to read:

11         348.565  Revenue bonds for specified projects.--The

12  existing facilities that constitute the Tampa-Hillsborough

13  County Expressway System are hereby approved to be refinanced

14  by the issuance of revenue bonds by the Division of Bond

15  Finance of the State Board of Administration pursuant to s.

16  11(f), Art. VII of the State Constitution. In addition, the

17  following projects of the Tampa-Hillsborough County Expressway

18  Authority are approved to be financed or refinanced by the

19  issuance of revenue bonds pursuant to s. 11(f), Art. VII of

20  the State Constitution:

21         (1)  Brandon area feeder roads.;

22         (2)  Capital improvements to the expressway system,

23  including safety and operational improvements and toll

24  collection equipment.; and

25         (3)  Lee Roy Selmon Crosstown Expressway System

26  widening.

27         (4)  The connector highway linking Lee Roy Selmon

28  Crosstown Expressway to Interstate 4.

29         Section 93.  Section 373.4137, Florida Statutes, is

30  amended to read:

31         373.4137  Mitigation requirements.--


                                 115

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






                                        CS/HB 261, Third Engrossed



  1         (1)  The Legislature finds that environmental

  2  mitigation for the impact of transportation projects proposed

  3  by the Department of Transportation or a transportation

  4  authority established pursuant to chapter 348 or chapter 349

  5  can be more effectively achieved by regional, long-range

  6  mitigation planning rather than on a project-by-project basis.

  7  It is the intent of the Legislature that mitigation to offset

  8  the adverse effects of these transportation projects be funded

  9  by the Department of Transportation and be carried out by the

10  Department of Environmental Protection and the water

11  management districts, including the use of mitigation banks

12  established pursuant to this part.

13         (2)  Environmental impact inventories for

14  transportation projects proposed by the Department of

15  Transportation or a transportation authority established

16  pursuant to chapter 348 or chapter 349 shall be developed as

17  follows:

18         (a)  By May 1 of each year, the Department of

19  Transportation or a transportation authority established

20  pursuant to chapter 348 or chapter 349 shall submit to the

21  Department of Environmental Protection and the water

22  management districts a copy of its adopted work program and an

23  inventory of habitats addressed in the rules tentatively,

24  pursuant to this part and s. 404 of the Clean Water Act, 33

25  U.S.C. s. 1344, which may be impacted by its plan of

26  construction for transportation projects in the next 3 years

27  of the tentative work program. The Department of

28  Transportation or a transportation authority established

29  pursuant to chapter 348 or chapter 349 may also include in its

30  inventory the habitat impacts of any future transportation

31  project identified in the tentative work program.


                                 116

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






                                        CS/HB 261, Third Engrossed



  1         (b)  The environmental impact inventory shall include a

  2  description of these habitat impacts, including their

  3  location, acreage, and type; state water quality

  4  classification of impacted wetlands and other surface waters;

  5  any other state or regional designations for these habitats;

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

  7  species of special concern affected by the proposed project.

  8         (3)(a)  To fund the mitigation plan for the projected

  9  impacts identified in the inventory described in subsection

10  (2), the Department of Transportation shall identify funds

11  quarterly in an escrow account within the State Transportation

12  Trust Fund for the environmental mitigation phase of projects

13  budgeted by the Department of Transportation for the current

14  fiscal year. The escrow account shall be maintained by the

15  Department of Transportation for the benefit of the Department

16  of Environmental Protection and the water management

17  districts. Any interest earnings from the escrow account shall

18  remain with the Department of Transportation.

19         (b)  Each transportation authority established pursuant

20  to chapter 348 or chapter 349 that chooses to participate in

21  this program shall create an escrow account within its

22  financial structure and deposit funds in the account to pay

23  for the environmental mitigation phase of projects budgeted

24  for the current fiscal year. The escrow account shall be

25  maintained by the authority for the benefit of the Department

26  of Environmental Protection and the water management

27  districts. Any interest earnings from the escrow account shall

28  remain with the authority.

29         (c)  The Department of Environmental Protection or

30  water management districts may request a transfer of funds

31  from an the escrow account no sooner than 30 days prior to the


                                 117

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






                                        CS/HB 261, Third Engrossed



  1  date the funds are needed to pay for activities associated

  2  with development or implementation of the approved mitigation

  3  plan described in subsection (4) for the current fiscal year,

  4  including, but not limited to, design, engineering,

  5  production, and staff support. Actual conceptual plan

  6  preparation costs incurred before plan approval may be

  7  submitted to the Department of Transportation or the

  8  appropriate transportation authority and the Department of

  9  Environmental Protection by November 1 of each year with the

10  plan. The conceptual plan preparation costs of each water

11  management district will be paid based on the amount approved

12  on the mitigation plan and allocated to the current fiscal

13  year projects identified by the water management district. The

14  amount transferred to the escrow accounts account each year by

15  the Department of Transportation and participating

16  transportation authorities established pursuant to chapter 348

17  or chapter 349 shall correspond to a cost per acre of $75,000

18  multiplied by the projected acres of impact identified in the

19  inventory described in subsection (2). However, the $75,000

20  cost per acre does not constitute an admission against

21  interest by the state or its subdivisions nor is the cost

22  admissible as evidence of full compensation for any property

23  acquired by eminent domain or through inverse condemnation.

24  Each July 1, the cost per acre shall be adjusted by the

25  percentage change in the average of the Consumer Price Index

26  issued by the United States Department of Labor for the most

27  recent 12-month period ending September 30, compared to the

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

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

30  projected acreage of impact shall be reconciled with the

31  acreage of impact of projects as permitted, including permit


                                 118

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






                                        CS/HB 261, Third Engrossed



  1  modifications, pursuant to this part and s. 404 of the Clean

  2  Water Act, 33 U.S.C. s. 1344. The subject year's transfer of

  3  funds shall be adjusted accordingly to reflect the

  4  overtransfer or undertransfer of funds from the preceding

  5  year. The Department of Transportation and participating

  6  transportation authorities established pursuant to chapter 348

  7  or chapter 349 are is authorized to transfer such funds from

  8  the escrow accounts account to the Department of Environmental

  9  Protection and the water management districts to carry out the

10  mitigation programs.

11         (4)  Prior to December 1 of each year, each water

12  management district, in consultation with the Department of

13  Environmental Protection, the United States Army Corps of

14  Engineers, the Department of Transportation, transportation

15  authorities established pursuant to chapter 348 or chapter

16  349, and other appropriate federal, state, and local

17  governments, and other interested parties, including entities

18  operating mitigation banks, shall develop a plan for the

19  primary purpose of complying with the mitigation requirements

20  adopted pursuant to this part and 33 U.S.C. s. 1344. This plan

21  shall also address significant invasive plant problems within

22  wetlands and other surface waters. In developing such plans,

23  the districts shall utilize sound ecosystem management

24  practices to address significant water resource needs and

25  shall focus on activities of the Department of Environmental

26  Protection and the water management districts, such as surface

27  water improvement and management (SWIM) waterbodies and lands

28  identified for potential acquisition for preservation,

29  restoration, and enhancement, to the extent that such

30  activities comply with the mitigation requirements adopted

31  under this part and 33 U.S.C. s. 1344. In determining the


                                 119

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






                                        CS/HB 261, Third Engrossed



  1  activities to be included in such plans, the districts shall

  2  also consider the purchase of credits from public or private

  3  mitigation banks permitted under s. 373.4136 and associated

  4  federal authorization and shall include such purchase as a

  5  part of the mitigation plan when such purchase would offset

  6  the impact of the transportation project, provide equal

  7  benefits to the water resources than other mitigation options

  8  being considered, and provide the most cost-effective

  9  mitigation option. The mitigation plan shall be preliminarily

10  approved by the water management district governing board and

11  shall be submitted to the secretary of the Department of

12  Environmental Protection for review and final approval. The

13  preliminary approval by the water management district

14  governing board does not constitute a decision that affects

15  substantial interests as provided by s. 120.569. At least 30

16  days prior to preliminary approval, the water management

17  district shall provide a copy of the draft mitigation plan to

18  any person who has requested a copy.

19         (a)  For each transportation project with a funding

20  request for the next fiscal year, the mitigation plan must

21  include a brief explanation of why a mitigation bank was or

22  was not chosen as a mitigation option, including an estimation

23  of identifiable costs of the mitigation bank and nonbank

24  options to the extent practicable.

25         (b)  Specific projects may be excluded from the

26  mitigation plan and shall not be subject to this section upon

27  the agreement of the Department of Transportation, a

28  transportation authority if applicable, the Department of

29  Environmental Protection, and the appropriate water management

30  district that the inclusion of such projects would hamper the

31  efficiency or timeliness of the mitigation planning and


                                 120

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






                                        CS/HB 261, Third Engrossed



  1  permitting process, or the Department of Environmental

  2  Protection and the water management district are unable to

  3  identify mitigation that would offset the impacts of the

  4  project.

  5         (c)  Surface water improvement and management or

  6  invasive plant control projects undertaken using the $12

  7  million advance transferred from the Department of

  8  Transportation to the Department of Environmental Protection

  9  in fiscal year 1996-1997 which meet the requirements for

10  mitigation under this part and 33 U.S.C. s. 1344 shall remain

11  available for mitigation until the $12 million is fully

12  credited up to and including fiscal year 2004-2005. When these

13  projects are used as mitigation, the $12 million advance shall

14  be reduced by $75,000 per acre of impact mitigated. For any

15  fiscal year through and including fiscal year 2004-2005, to

16  the extent the cost of developing and implementing the

17  mitigation plans is less than the amount transferred pursuant

18  to subsection (3), the difference shall be credited towards

19  the $12 million advance. Except as provided in this paragraph,

20  any funds not directed to implement the mitigation plan

21  should, to the greatest extent possible, be directed to fund

22  invasive plant control within wetlands and other surface

23  waters.

24         (5)  The water management district shall be responsible

25  for ensuring that mitigation requirements pursuant to 33

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

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

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

29  funding is provided by the Department of Transportation, or a

30  transportation authority established pursuant to chapter 348

31  or chapter 349, if applicable. During the federal permitting


                                 121

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






                                        CS/HB 261, Third Engrossed



  1  process, the water management district may deviate from the

  2  approved mitigation plan in order to comply with federal

  3  permitting requirements.

  4         (6)  The mitigation plans plan shall be updated

  5  annually to reflect the most current Department of

  6  Transportation work program and project list of a

  7  transportation authority established pursuant to chapter 348

  8  or chapter 349, if applicable, and may be amended throughout

  9  the year to anticipate schedule changes or additional projects

10  which may arise. Each update and amendment of the mitigation

11  plan shall be submitted to the secretary of the Department of

12  Environmental Protection for approval. However, such approval

13  shall not be applicable to a deviation as described in

14  subsection (5).

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

16  of Environmental Protection, the mitigation plan shall be

17  deemed to satisfy the mitigation requirements under this part

18  and any other mitigation requirements imposed by local,

19  regional, and state agencies for impacts identified in the

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

21  secretary shall authorize the activities proposed in the

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

23  or approval shall be necessary.

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

25  the need for the Department of Transportation or a

26  transportation authority established pursuant to chapter 348

27  or chapter 349 to comply with the requirement to implement

28  practicable design modifications, including realignment of

29  transportation projects, to reduce or eliminate the impacts of

30  its transportation projects on wetlands and other surface

31  waters as required by rules adopted pursuant to this part, or


                                 122

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






                                        CS/HB 261, Third Engrossed



  1  to diminish the authority under this part to regulate other

  2  impacts, including water quantity or water quality impacts, or

  3  impacts regulated under this part that are not identified in

  4  the inventory described in subsection (2).

  5         (9)  The process for environmental mitigation for the

  6  impact of transportation projects under this section shall be

  7  available to an expressway, bridge, or transportation

  8  authority established under chapter 348 or chapter 349. Use of

  9  this process may be initiated by an authority depositing the

10  requisite funds into an escrow account set up by the authority

11  and filing an environmental impact inventory with the

12  appropriate water management district. An authority that

13  initiates the environmental mitigation process established by

14  this section shall comply with subsection (6) by timely

15  providing the appropriate water management district and the

16  Department of Environmental Protection with the requisite work

17  program information. A water management district may draw down

18  funds from the escrow account as provided in this section.

19         Section 94.  Paragraph (b) of subsection (3) of section

20  380.04, Florida Statutes, is amended to read:

21         380.04  Definition of development.--

22         (3)  The following operations or uses shall not be

23  taken for the purpose of this chapter to involve "development"

24  as defined in this section:

25         (b)  Work by any utility and other persons engaged in

26  the distribution or transmission of gas, electricity, or

27  water, for the purpose of inspecting, repairing, renewing, or

28  constructing on established rights-of-way any sewers, mains,

29  pipes, cables, utility tunnels, power lines, towers, poles,

30  tracks, or the like.  This provision conveys no property

31


                                 123

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






                                        CS/HB 261, Third Engrossed



  1  interest and does not eliminate any applicable notice

  2  requirements to affected land owners.

  3         Section 95.  Paragraph (d) of subsection (2), paragraph

  4  (b) of subsection (4), and paragraph (a) of subsection (8) of

  5  section 380.06, Florida Statutes, are amended to read:

  6         380.06  Developments of regional impact.--

  7         (2)  STATEWIDE GUIDELINES AND STANDARDS.--

  8         (d)  The guidelines and standards shall be applied as

  9  follows:

10         1.  Fixed thresholds.--

11         a.  A development that is at or below 100 80 percent of

12  all numerical thresholds in the guidelines and standards shall

13  not be required to undergo development-of-regional-impact

14  review.

15         b.  A development that is at or above 120 percent of

16  any numerical threshold shall be required to undergo

17  development-of-regional-impact review.

18         c.  Projects certified under s. 403.973 which create at

19  least 100 jobs and meet the criteria of the Office of Tourism,

20  Trade, and Economic Development as to their impact on an

21  area's economy, employment, and prevailing wage and skill

22  levels that are at or below 100 percent of the numerical

23  thresholds for industrial plants, industrial parks,

24  distribution, warehousing or wholesaling facilities, office

25  development or multiuse projects other than residential, as

26  described in s. 380.0651(3)(c), (d), and (i), are not required

27  to undergo development-of-regional-impact review.

28         2.  Rebuttable presumption presumptions.--

29         a.  It shall be presumed that a development that is

30  between 80 and 100 percent of a numerical threshold shall not

31  be required to undergo development-of-regional-impact review.


                                 124

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






                                        CS/HB 261, Third Engrossed



  1         b.  It shall be presumed that a development that is at

  2  100 percent or between 100 and 120 percent of a numerical

  3  threshold shall be required to undergo

  4  development-of-regional-impact review.

  5         (4)  BINDING LETTER.--

  6         (b)  Unless a developer waives the requirements of this

  7  paragraph by agreeing to undergo

  8  development-of-regional-impact review pursuant to this

  9  section, the state land planning agency or local government

10  with jurisdiction over the land on which a development is

11  proposed may require a developer to obtain a binding letter

12  if:

13         1.  the development is at a presumptive numerical

14  threshold or up to 20 percent above a numerical threshold in

15  the guidelines and standards.; or

16         2.  The development is between a presumptive numerical

17  threshold and 20 percent below the numerical threshold and the

18  local government or the state land planning agency is in doubt

19  as to whether the character or magnitude of the development at

20  the proposed location creates a likelihood that the

21  development will have a substantial effect on the health,

22  safety, or welfare of citizens of more than one county.

23         (8)  PRELIMINARY DEVELOPMENT AGREEMENTS.--

24         (a)  A developer may enter into a written preliminary

25  development agreement with the state land planning agency to

26  allow a developer to proceed with a limited amount of the

27  total proposed development, subject to all other governmental

28  approvals and solely at the developer's own risk, prior to

29  issuance of a final development order.  All owners of the land

30  in the total proposed development shall join the developer as

31


                                 125

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






                                        CS/HB 261, Third Engrossed



  1  parties to the agreement. Each agreement shall include and be

  2  subject to the following conditions:

  3         1.  The developer shall comply with the preapplication

  4  conference requirements pursuant to subsection (7) within 45

  5  days after the execution of the agreement.

  6         2.  The developer shall file an application for

  7  development approval for the total proposed development within

  8  3 months after execution of the agreement, unless the state

  9  land planning agency agrees to a different time for good cause

10  shown. Failure to timely file an application and to otherwise

11  diligently proceed in good faith to obtain a final development

12  order shall constitute a breach of the preliminary development

13  agreement.

14         3.  The agreement shall include maps and legal

15  descriptions of both the preliminary development area and the

16  total proposed development area and shall specifically

17  describe the preliminary development in terms of magnitude and

18  location.  The area approved for preliminary development must

19  be included in the application for development approval and

20  shall be subject to the terms and conditions of the final

21  development order.

22         4.  The preliminary development shall be limited to

23  lands that the state land planning agency agrees are suitable

24  for development and shall only be allowed in areas where

25  adequate public infrastructure exists to accommodate the

26  preliminary development, when such development will utilize

27  public infrastructure.  The developer must also demonstrate

28  that the preliminary development will not result in material

29  adverse impacts to existing resources or existing or planned

30  facilities.

31


                                 126

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






                                        CS/HB 261, Third Engrossed



  1         5.  The preliminary development agreement may allow

  2  development which is:

  3         a.  Less than or equal to 100 80 percent of any

  4  applicable threshold if the developer demonstrates that such

  5  development is consistent with subparagraph 4.; or

  6         b.  Less than 120 percent of any applicable threshold

  7  if the developer demonstrates that such development is part of

  8  a proposed downtown development of regional impact specified

  9  in subsection (22) or part of any areawide development of

10  regional impact specified in subsection (25) and that the

11  development is consistent with subparagraph 4.

12         6.  The developer and owners of the land may not claim

13  vested rights, or assert equitable estoppel, arising from the

14  agreement or any expenditures or actions taken in reliance on

15  the agreement to continue with the total proposed development

16  beyond the preliminary development. The agreement shall not

17  entitle the developer to a final development order approving

18  the total proposed development or to particular conditions in

19  a final development order.

20         7.  The agreement shall not prohibit the regional

21  planning agency from reviewing or commenting on any regional

22  issue that the regional agency determines should be included

23  in the regional agency's report on the application for

24  development approval.

25         8.  The agreement shall include a disclosure by the

26  developer and all the owners of the land in the total proposed

27  development of all land or development within 5 miles of the

28  total proposed development in which they have an interest and

29  shall describe such interest.

30         9.  In the event of a breach of the agreement or

31  failure to comply with any condition of the agreement, or if


                                 127

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






                                        CS/HB 261, Third Engrossed



  1  the agreement was based on materially inaccurate information,

  2  the state land planning agency may terminate the agreement or

  3  file suit to enforce the agreement as provided in this section

  4  and s. 380.11, including a suit to enjoin all development.

  5         10.  A notice of the preliminary development agreement

  6  shall be recorded by the developer in accordance with s.

  7  28.222 with the clerk of the circuit court for each county in

  8  which land covered by the terms of the agreement is located.

  9  The notice shall include a legal description of the land

10  covered by the agreement and shall state the parties to the

11  agreement, the date of adoption of the agreement and any

12  subsequent amendments, the location where the agreement may be

13  examined, and that the agreement constitutes a land

14  development regulation applicable to portions of the land

15  covered by the agreement.  The provisions of the agreement

16  shall inure to the benefit of and be binding upon successors

17  and assigns of the parties in the agreement.

18         11.  Except for those agreements which authorize

19  preliminary development for substantial deviations pursuant to

20  subsection (19), a developer who no longer wishes to pursue a

21  development of regional impact may propose to abandon any

22  preliminary development agreement executed after January 1,

23  1985, including those pursuant to s. 380.032(3), provided at

24  the time of abandonment:

25         a.  A final development order under this section has

26  been rendered that approves all of the development actually

27  constructed; or

28         b.  The amount of development is less than 100 80

29  percent of all numerical thresholds of the guidelines and

30  standards, and the state land planning agency determines in

31  writing that the development to date is in compliance with all


                                 128

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






                                        CS/HB 261, Third Engrossed



  1  applicable local regulations and the terms and conditions of

  2  the preliminary development agreement and otherwise adequately

  3  mitigates for the impacts of the development to date.

  4

  5  In either event, when a developer proposes to abandon said

  6  agreement, the developer shall give written notice and state

  7  that he or she is no longer proposing a development of

  8  regional impact and provide adequate documentation that he or

  9  she has met the criteria for abandonment of the agreement to

10  the state land planning agency.  Within 30 days of receipt of

11  adequate documentation of such notice, the state land planning

12  agency shall make its determination as to whether or not the

13  developer meets the criteria for abandonment.  Once the state

14  land planning agency determines that the developer meets the

15  criteria for abandonment, the state land planning agency shall

16  issue a notice of abandonment which shall be recorded by the

17  developer in accordance with s. 28.222 with the clerk of the

18  circuit court for each county in which land covered by the

19  terms of the agreement is located.

20         Section 96.  (1)  Nothing contained in this act

21  abridges or modifies any vested or other right or any duty or

22  obligation pursuant to any development order or agreement that

23  is applicable to a development of regional impact on the

24  effective date of this act.  A development that has received a

25  development-of-regional-impact development order pursuant to

26  s. 380.06, Florida Statutes 2001, but is no longer required to

27  undergo development-of-regional-impact review by operation of

28  this act, shall be governed by the following procedures:

29         (a)  The development shall continue to be governed by

30  the development-of-regional-impact development order and may

31  be completed in reliance upon and pursuant to the development


                                 129

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






                                        CS/HB 261, Third Engrossed



  1  order.  The development-of-regional-impact development order

  2  may be enforced by the local government as provided by ss.

  3  380.06(17) and 380.11, Florida Statutes 2001.

  4         (b)  If requested by the developer or landowner, the

  5  development-of-regional-impact development order may be

  6  abandoned pursuant to the process in subsection 380.06(26).

  7         (2)  A development with an application for development

  8  approval pending on the effective date of this act, or a

  9  notification of proposed change pending on the effective date

10  of this act, may elect to continue such review pursuant to s.

11  380.06, Florida Statutes 2001.  At the conclusion of the

12  pending review, including any appeals pursuant to s. 380.07,

13  Florida Statutes 2001, the resulting development order shall

14  be governed by the provisions of subsection (1).

15         Section 97.  Paragraph (d) is added to subsection (10)

16  of section 768.28, Florida Statutes, to read:

17         768.28  Waiver of sovereign immunity in tort actions;

18  recovery limits; limitation on attorney fees; statute of

19  limitations; exclusions; indemnification; risk management

20  programs.--

21         (10)

22         (d)  For the purposes of this section, operators,

23  dispatchers, and providers of security for rail services and

24  rail facility maintenance providers in the South Florida Rail

25  Corridor, or any of their employees or agents, performing such

26  services under contract with and on behalf of the Tri-County

27  Commuter Rail Authority or the Department of Transportation

28  shall be considered agents of the state while acting within

29  the scope of and pursuant to guidelines established in said

30  contract or by rule.

31


                                 130

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






                                        CS/HB 261, Third Engrossed



  1         Section 98.  Dori Slosberg Driver Education Safety

  2  Act.--Effective October 1, 2002, notwithstanding the

  3  provisions of s. 318.121, Florida Statutes, a board of county

  4  commissioners may require, by ordinance, that the clerk of the

  5  court collect an additional $3 with each civil traffic

  6  penalty, which shall be used to fund traffic education

  7  programs in public and nonpublic schools. The ordinance shall

  8  provide for the board of county commissioners to administer

  9  the funds. The funds shall be used for direct educational

10  expenses and shall not be used for administration. This

11  section may be cited as the "Dori Slosberg Driver Education

12  Safety Act."

13         Section 99.  Subsection (2) of section 2 of chapter

14  88-418, Laws of Florida, is amended to read:

15         Section 2.  Crandon Boulevard is hereby designated as a

16  state historic highway.  No public funds shall be expended

17  for:

18         (2)  The alteration of the physical dimensions or

19  location of Crandon Boulevard, the median strip thereof, or

20  the land adjacent thereto, except for:

21         (a)  The routine or emergency utilities maintenance

22  activities necessitated to maintain the road as a utility

23  corridor serving the village of Key Biscayne; or

24         (b)  The modification or improvements made to provide

25  for vehicular ingress and egress of governmental public safety

26  vehicles.

27         Section 100.  Paragraph (a) of subsection (1) of

28  section 212.055, Florida Statutes, is amended to read:

29         212.055  Discretionary sales surtaxes; legislative

30  intent; authorization and use of proceeds.--It is the

31  legislative intent that any authorization for imposition of a


                                 131

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






                                        CS/HB 261, Third Engrossed



  1  discretionary sales surtax shall be published in the Florida

  2  Statutes as a subsection of this section, irrespective of the

  3  duration of the levy.  Each enactment shall specify the types

  4  of counties authorized to levy; the rate or rates which may be

  5  imposed; the maximum length of time the surtax may be imposed,

  6  if any; the procedure which must be followed to secure voter

  7  approval, if required; the purpose for which the proceeds may

  8  be expended; and such other requirements as the Legislature

  9  may provide.  Taxable transactions and administrative

10  procedures shall be as provided in s. 212.054.

11         (1)  CHARTER COUNTY TRANSIT SYSTEM SURTAX.--

12         (a)  Each charter county which adopted a charter prior

13  to January 1, 1984 which adopted a charter prior to June 1,

14  1976, and each county the government of which is consolidated

15  with that of one or more municipalities, may levy a

16  discretionary sales surtax, subject to approval by a majority

17  vote of the electorate of the county or by a charter amendment

18  approved by a majority vote of the electorate of the county.

19         Section 101.  Paragraph (b) of subsection (2) and

20  paragraph (b) of subsection (3) of section 316.006, Florida

21  Statutes, are amended to read:

22         316.006  Jurisdiction.--Jurisdiction to control traffic

23  is vested as follows:

24         (2)  MUNICIPALITIES.--

25         (b)  A municipality may exercise jurisdiction over any

26  private road or roads, or over any limited access road or

27  roads owned or controlled by a special district, located

28  within its boundaries if the municipality and party or parties

29  owning or controlling such road or roads provide, by written

30  agreement approved by the governing body of the municipality,

31


                                 132

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






                                        CS/HB 261, Third Engrossed



  1  for municipal traffic control jurisdiction over the road or

  2  roads encompassed by such agreement. Pursuant thereto:

  3         1.  Provision for reimbursement for actual costs of

  4  traffic control and enforcement and for liability insurance

  5  and indemnification by the party or parties, and such other

  6  terms as are mutually agreeable, may be included in such an

  7  agreement.

  8         2.  The exercise of jurisdiction provided for herein

  9  shall be in addition to jurisdictional authority presently

10  exercised by municipalities under law, and nothing in this

11  paragraph shall be construed to limit or remove any such

12  jurisdictional authority. Such jurisdiction includes

13  regulation of access to such road or roads by security devices

14  or personnel.

15         3.  Any such agreement may provide for the installation

16  of multiparty stop signs by the parties controlling the roads

17  covered by the agreement if a determination is made by such

18  parties that the signage will enhance traffic safety.

19  Multiparty stop signs must conform to the manual and

20  specifications of the Department of Transportation; however,

21  minimum traffic volumes may not be required for the

22  installation of such signage. Enforcement for the signs shall

23  be as provided in s. 316.123.

24

25  This subsection shall not limit those counties which have the

26  charter powers to provide and regulate arterial, toll, and

27  other roads, bridges, tunnels, and related facilities from the

28  proper exercise of those powers by the placement and

29  maintenance of traffic control devices which conform to the

30  manual and specifications of the Department of Transportation

31  on streets and highways located within municipal boundaries.


                                 133

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






                                        CS/HB 261, Third Engrossed



  1         (3)  COUNTIES.--

  2         (b)  A county may exercise jurisdiction over any

  3  private road or roads, or over any limited access road or

  4  roads owned or controlled by a special district, located in

  5  the unincorporated area within its boundaries if the county

  6  and party or parties owning or controlling such road or roads

  7  provide, by written agreement approved by the governing body

  8  of the county, for county traffic control jurisdiction over

  9  the road or roads encompassed by such agreement. Pursuant

10  thereto:

11         1.  Provision for reimbursement for actual costs of

12  traffic control and enforcement and for liability insurance

13  and indemnification by the party or parties, and such other

14  terms as are mutually agreeable, may be included in such an

15  agreement.

16         2.  Prior to entering into an agreement which provides

17  for enforcement of the traffic laws of the state over a

18  private road or roads, or over any limited access road or

19  roads owned or controlled by a special district, the governing

20  body of the county shall consult with the sheriff. No such

21  agreement shall take effect prior to October 1, the beginning

22  of the county fiscal year, unless this requirement is waived

23  in writing by the sheriff.

24         3.  The exercise of jurisdiction provided for herein

25  shall be in addition to jurisdictional authority presently

26  exercised by counties under law, and nothing in this paragraph

27  shall be construed to limit or remove any such jurisdictional

28  authority.

29         4.  Any such agreement may provide for the installation

30  of multiparty stop signs by the parties controlling the roads

31  covered by the agreement if a determination is made by such


                                 134

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






                                        CS/HB 261, Third Engrossed



  1  parties that the signage will enhance traffic safety.

  2  Multiparty stop signs must conform to the manual and

  3  specifications of the Department of Transportation; however,

  4  minimum traffic volumes may not be required for the

  5  installation of such signage. Enforcement for the signs shall

  6  be as provided in s. 316.123.

  7

  8  Notwithstanding the provisions of subsection (2), each county

  9  shall have original jurisdiction to regulate parking, by

10  resolution of the board of county commissioners and the

11  erection of signs conforming to the manual and specifications

12  of the Department of Transportation, in parking areas located

13  on property owned or leased by the county, whether or not such

14  areas are located within the boundaries of chartered

15  municipalities.

16         Section 102.  Paragraph (c) of subsection (3) of

17  section 316.066, Florida Statutes, is amended to read:

18         316.066  Written reports of crashes.--

19         (3)

20         (c)  Crash reports required by this section which

21  reveal the identity, home or employment telephone number or

22  home or employment address of, or other personal information

23  concerning the parties involved in the crash and which are

24  received or prepared by any agency that regularly receives or

25  prepares information from or concerning the parties to motor

26  vehicle crashes are confidential and exempt from s. 119.07(1)

27  and s. 24(a), Art. I of the State Constitution for a period of

28  60 days after the date the report is filed. However, such

29  reports may be made immediately available to the parties

30  involved in the crash, their legal representatives, their

31  licensed insurance agents, their insurers or insurers to which


                                 135

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






                                        CS/HB 261, Third Engrossed



  1  they have applied for coverage, persons under contract with

  2  such insurers to provide claims or underwriting information,

  3  prosecutorial authorities, radio and television stations

  4  licensed by the Federal Communications Commission, newspapers

  5  qualified to publish legal notices under ss. 50.011 and

  6  50.031, and free newspapers of general circulation, published

  7  once a week or more often, available and of interest to the

  8  public generally for the dissemination of news. For the

  9  purposes of this section, the following products or

10  publications are not newspapers as referred to in this

11  section: those intended primarily for members of a particular

12  profession or occupational group; those with the primary

13  purpose of distributing advertising; and those with the

14  primary purpose of publishing names and other personally

15  identifying information concerning parties to motor vehicle

16  crashes.  Any local, state, or federal agency, agent, or

17  employee that is authorized to have access to such reports by

18  any provision of law shall be granted such access in the

19  furtherance of the agency's statutory duties notwithstanding

20  the provisions of this paragraph. Any local, state, or federal

21  agency, agent, or employee receiving such crash reports shall

22  maintain the confidential and exempt status of those reports

23  and shall not disclose such crash reports to any person or

24  entity. Any person attempting to access crash reports within

25  60 days after the date the report is filed must present

26  legitimate credentials or identification that demonstrates his

27  or her qualifications to access that information. This

28  exemption is subject to the Open Government Sunset Review Act

29  of 1995 in accordance with s. 119.15, and shall stand repealed

30  on October 2, 2006, unless reviewed and saved from repeal

31  through reenactment by the Legislature.


                                 136

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






                                        CS/HB 261, Third Engrossed



  1         Section 103.  Subsection (2) of section 316.1975,

  2  Florida Statutes, is amended to read:

  3         316.1975  Unattended motor vehicle.--

  4         (2)  This section does not apply to the operator of:

  5         (a)  An authorized emergency vehicle while in the

  6  performance of official duties and the vehicle is equipped

  7  with an activated antitheft device that prohibits the vehicle

  8  from being driven; or

  9         (b)  A licensed delivery truck or other delivery

10  vehicle while making deliveries; or

11         (c)  A solid waste or recovered materials vehicle while

12  collecting such items.

13         Section 104.  Section 316.2127, Florida Statutes, is

14  created to read:

15         316.2127  Operation of utility vehicles on certain

16  roadways by homeowners' associations.--The operation of a

17  utility vehicle, as defined in s. 320.01, upon the public

18  roads or streets of this state by a homeowners' association,

19  as defined in s. 720.301, or its agents is prohibited except

20  as provided herein:

21         (1)  A utility vehicle may be operated by a homeowners'

22  association or its agents only upon a county road that has

23  been designated by a county, or a city street that has been

24  designated by a city, for use by a utility vehicle for general

25  maintenance, security, and landscaping purposes. Prior to

26  making such a designation, the responsible local governmental

27  entity must first determine that utility vehicles may safely

28  travel on or cross the public road or street, considering

29  factors including the speed, volume, and character of motor

30  vehicle traffic on the road or street. Upon a determination

31  that utility vehicles may be safely operated on a designated


                                 137

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






                                        CS/HB 261, Third Engrossed



  1  road or street, the responsible governmental entity shall post

  2  appropriate signs to indicate that such operation is allowed.

  3         (2)  A utility vehicle may be operated by a homeowners'

  4  association or its agents on a portion of the State Highway

  5  System only under the following conditions:

  6         (a)  To cross a portion of the State Highway System

  7  which intersects a county road or a city street that has been

  8  designated for use by utility vehicles if the Department of

  9  Transportation has reviewed and approved the location and

10  design of the crossing and any traffic control devices needed

11  for safety purposes.

12         (b)  To cross, at midblock, a portion of the State

13  Highway System where the highway bisects property controlled

14  or maintained by a homeowners' association if the Department

15  of Transportation has reviewed and approved the location and

16  design of the crossing and any traffic control devices needed

17  for safety purposes.

18         (c)  To travel on a state road that has been designated

19  for transfer to a local government unit pursuant to s.

20  335.0415 if the Department of Transportation determines that

21  the operation of a utility vehicle within the right-of-way of

22  the road will not impede the safe and efficient flow of motor

23  vehicle traffic. The department may authorize the operation of

24  utility vehicles on such a road if:

25         1.  The road is the only available public road on which

26  utility vehicles may travel or cross or the road provides the

27  safest travel route among alternative routes available; and

28         2.  The speed, volume, and character of motor vehicle

29  traffic on the road is considered in making such a

30  determination.

31


                                 138

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






                                        CS/HB 261, Third Engrossed



  1  Upon its determination that utility vehicles may be operated

  2  on a given road, the department shall post appropriate signs

  3  on the road to indicate that such operation is allowed.

  4         (3)  A utility vehicle may be operated by a homeowners'

  5  association or its agents only during the hours between

  6  sunrise and sunset, unless the responsible governmental entity

  7  has determined that a utility vehicle may be operated during

  8  the hours between sunset and sunrise and the utility vehicle

  9  is equipped with headlights, brake lights, turn signals, and a

10  windshield.

11         (4)  A utility vehicle must be equipped with efficient

12  brakes, a reliable steering apparatus, safe tires, a rearview

13  mirror, and red reflectorized warning devices in both the

14  front and the rear.

15         (5)  A utility vehicle may not be operated on public

16  roads or streets by any person under the age of 14.

17

18  A violation of this section is a noncriminal traffic

19  infraction, punishable pursuant to chapter 318 as either a

20  moving violation for infractions of subsection (1), subsection

21  (2), subsection (3), or subsection (4) or as a nonmoving

22  violation for infractions of subsection (5).

23         Section 105.  Subsection (2) of section 316.304,

24  Florida Statutes, is amended to read:

25         316.304 Wearing of headsets.--

26         (2)  This section does not apply to:

27         (a)  Any law enforcement officer equipped with any

28  communication device necessary in performing his or her

29  assigned duties or to any emergency vehicle operator equipped

30  with any ear protection device.

31


                                 139

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






                                        CS/HB 261, Third Engrossed



  1         (b)  Any applicant for a license to operate a

  2  motorcycle while taking the examination required by s.

  3  322.12(5).

  4         (c)  Any person operating a motorcycle who is using a

  5  headset that is installed in a helmet and worn so as to

  6  prevent the speakers from making direct contact with the

  7  user's ears so that the user can hear surrounding sounds.

  8         (d)  Any person using a headset in conjunction with a

  9  cellular telephone that only provides sound through one ear

10  and allows surrounding sounds to be hear with the other ear.

11         (e)  Any person using a headset in conjunction with

12  communicating with the central base operation that only

13  provides sound through one ear and allows surrounding sounds

14  to be heard with the other ear.

15         Section 106.  Section 316.520, Florida Statutes, is

16  amended to read:

17         316.520  Loads on vehicles.--

18         (1)  A vehicle may not be driven or moved on any

19  highway unless the vehicle is so constructed or loaded as to

20  prevent any of its load from dropping, shifting, leaking,

21  blowing, or otherwise escaping therefrom, except that sand may

22  be dropped only for the purpose of securing traction or water

23  or other substance may be sprinkled on a roadway in cleaning

24  or maintaining the roadway.

25         (2)  It is the duty of every owner and driver,

26  severally, of any vehicle hauling, upon any public road or

27  highway open to the public, dirt, sand, lime rock, gravel,

28  silica, or other similar aggregate or trash, garbage, any

29  inanimate object or objects, or any similar material that

30  could fall or blow from such vehicle, to prevent such

31  materials from falling, blowing, or in any way escaping from


                                 140

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






                                        CS/HB 261, Third Engrossed



  1  such vehicle. Covering and securing the load with a

  2  close-fitting tarpaulin or other appropriate cover or a load

  3  securing device meeting the requirements of 49 C.F.R. s.

  4  393.100 or a device designed to reasonably ensure that cargo

  5  will not shift upon or fall from the vehicle is required and

  6  shall constitute compliance with this section.

  7         (3)(a)  Except as provided in paragraph (b), a

  8  violation of this section is a noncriminal traffic infraction,

  9  punishable as a nonmoving violation as provided in chapter

10  318.

11         (b)  Any person who willfully violates the provisions

12  of this section which offense results in serious bodily injury

13  or death to an individual and which offense occurs as a result

14  of failing to comply with subsections (1) and (2) commits a

15  criminal traffic offense and a misdemeanor of the second

16  degree, punishable as provided in s. 775.082 or s. 775.083.

17         (4)  The provisions of subsection (2) requiring

18  covering and securing the load with a close-fitting tarpaulin

19  or other appropriate cover does not apply to vehicles carrying

20  agricultural products locally from a harvest site or to or

21  from a farm on roads where the posted speed limit is 65 miles

22  per hour or less and the distance driven on public roads is

23  less than 20 miles.

24         Section 107.  Paragraph (f) is added to subsection (3)

25  of section 318.18, Florida Statutes, and subsection (12) is

26  added to said section,  to read:

27         318.18  Amount of civil penalties.--The penalties

28  required for a noncriminal disposition pursuant to s. 318.14

29  are as follows:

30         (3)

31


                                 141

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






                                        CS/HB 261, Third Engrossed



  1         (b)  For moving violations involving unlawful speed,

  2  the fines are as follows:

  3

  4  For speed exceeding the limit by:                        Fine:

  5  1-5 m.p.h..............................................Warning

  6  6-9 m.p.h.................................................$ 25

  7  10-14 m.p.h...............................................$100

  8  15-19 m.p.h...............................................$125

  9  20-29 m.p.h...............................................$150

10  30 m.p.h. and above.......................................$250

11

12         (f)  A person cited for exceeding the speed limit

13  within a zone posted for any electronic or manual toll

14  collection facility will be assessed a fine double the amount

15  listed in paragraph (b). However, no person cited for

16  exceeding the speed limit in any toll collection zone shall be

17  subject to a doubled fine unless the governmental entity or

18  authority controlling the toll collection zone first installs

19  a traffic control device providing warning that speeding fines

20  are doubled. Any such traffic control device must meet the

21  requirements of the uniform system of traffic control devices.

22         (12)  One hundred dollars for a violation of s.

23  316.520(1) or (2). If, at a hearing, the alleged offender is

24  found to have committed this offense, the court shall impose a

25  minimum civil penalty of $100. For a second or subsequent

26  adjudication within a period of 5 years, the department shall

27  suspend the driver's license of the person for not less than

28  180 days and not more than 1 year.

29         Section 108.  Section 318.19, Florida Statutes, is

30  amended to read:

31


                                 142

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






                                        CS/HB 261, Third Engrossed



  1         318.19  Infractions requiring a mandatory hearing.--Any

  2  person cited for the infractions listed in this section shall

  3  not have the provisions of s. 318.14(2), (4), and (9)

  4  available to him or her but must appear before the designated

  5  official at the time and location of the scheduled hearing:

  6         (1)  Any infraction which results in a crash that

  7  causes the death of another; or

  8         (2)  Any infraction which results in a crash that

  9  causes "serious bodily injury" of another as defined in s.

10  316.1933(1); or

11         (3)  Any infraction of s. 316.172(1)(b); or

12         (4)  Any infraction of s. 316.520(1) or (2).

13         Section 109.  Subsection (1), paragraph (b) of

14  subsection (2), and paragraphs (b) and (c) of subsection (3)

15  of section 316.640, Florida Statutes, are amended to read:

16         316.640  Enforcement.--The enforcement of the traffic

17  laws of this state is vested as follows:

18         (1)  STATE.--

19         (a)1.a.  The Division of Florida Highway Patrol of the

20  Department of Highway Safety and Motor Vehicles, the Division

21  of Law Enforcement of the Fish and Wildlife Conservation

22  Commission, the Division of Law Enforcement of the Department

23  of Environmental Protection, and law enforcement officers of

24  the Department of Transportation each have authority to

25  enforce all of the traffic laws of this state on all the

26  streets and highways thereof and elsewhere throughout the

27  state wherever the public has a right to travel by motor

28  vehicle. The Division of the Florida Highway Patrol may employ

29  as a traffic accident investigation officer any individual who

30  successfully completes at least 200 hours of instruction in

31  traffic accident investigation and court presentation through


                                 143

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






                                        CS/HB 261, Third Engrossed



  1  the Selective Traffic Enforcement Program as approved by the

  2  Criminal Justice Standards and Training Commission and funded

  3  through the National Highway Traffic Safety Administration or

  4  a similar program approved by the commission, but who does not

  5  necessarily meet the uniform minimum standards established by

  6  the commission for law enforcement officers or auxiliary law

  7  enforcement officers under chapter 943. Any such traffic

  8  accident investigation officer who makes an investigation at

  9  the scene of a traffic accident may issue traffic citations,

10  based upon personal investigation, when he or she has

11  reasonable and probable grounds to believe that a person who

12  was involved in the accident committed an offense under this

13  chapter, chapter 319, chapter 320, or chapter 322 in

14  connection with the accident. This paragraph does not permit

15  the carrying of firearms or other weapons, nor do such

16  officers have arrest authority other than for the issuance of

17  a traffic citation as authorized in this paragraph.

18         b.  University police officers shall have authority to

19  enforce all of the traffic laws of this state when such

20  violations occur on or about any property or facilities that

21  are under the guidance, supervision, regulation, or control of

22  a state university, a direct-support organization of such

23  state university, or any other organization controlled by the

24  state university or a direct-support organization of the state

25  university System, except that traffic laws may be enforced

26  off-campus when hot pursuit originates on or adjacent to any

27  such property or facilities on-campus.

28         c.  Community college police officers shall have the

29  authority to enforce all the traffic laws of this state only

30  when such violations occur on any property or facilities that

31


                                 144

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






                                        CS/HB 261, Third Engrossed



  1  are under the guidance, supervision, regulation, or control of

  2  the community college system.

  3         d.  Police officers employed by an airport authority

  4  shall have the authority to enforce all of the traffic laws of

  5  this state only when such violations occur on any property or

  6  facilities that are owned or operated by an airport authority.

  7         (I)  An airport authority may employ as a parking

  8  enforcement specialist any individual who successfully

  9  completes a training program established and approved by the

10  Criminal Justice Standards and Training Commission for parking

11  enforcement specialists but who does not otherwise meet the

12  uniform minimum standards established by the commission for

13  law enforcement officers or auxiliary or part-time officers

14  under s. 943.12. Nothing in this sub-sub-subparagraph shall be

15  construed to permit the carrying of firearms or other weapons,

16  nor shall such parking enforcement specialist have arrest

17  authority.

18         (II)  A parking enforcement specialist employed by an

19  airport authority is authorized to enforce all state, county,

20  and municipal laws and ordinances governing parking only when

21  such violations are on property or facilities owned or

22  operated by the airport authority employing the specialist, by

23  appropriate state, county, or municipal traffic citation.

24         e.  The Office of Agricultural Law Enforcement of the

25  Department of Agriculture and Consumer Services shall have the

26  authority to enforce traffic laws of this state only as

27  authorized by the provisions of chapter 570. However, nothing

28  in this section shall expand the authority of the Office of

29  Agricultural Law Enforcement at its agricultural inspection

30  stations to issue any traffic tickets except those traffic

31  tickets for vehicles illegally passing the inspection station.


                                 145

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






                                        CS/HB 261, Third Engrossed



  1         f.  School safety officers shall have the authority to

  2  enforce all of the traffic laws of this state when such

  3  violations occur on or about any property or facilities which

  4  are under the guidance, supervision, regulation, or control of

  5  the district school board.

  6         2.  An agency of the state as described in subparagraph

  7  1. is prohibited from establishing a traffic citation quota. A

  8  violation of this subparagraph is not subject to the penalties

  9  provided in chapter 318.

10         3.  Any disciplinary action taken or performance

11  evaluation conducted by an agency of the state as described in

12  subparagraph 1. of a law enforcement officer's traffic

13  enforcement activity must be in accordance with written

14  work-performance standards. Such standards must be approved by

15  the agency and any collective bargaining unit representing

16  such law enforcement officer. A violation of this subparagraph

17  is not subject to the penalties provided in chapter 318.

18         (2)  COUNTIES.--

19         (b)  The sheriff's office of each county may employ as

20  a traffic crash investigation officer any individual who

21  successfully completes at least 200 hours of instruction in

22  traffic crash investigation and court presentation through the

23  Selective Traffic Enforcement Program (STEP) as approved by

24  the Criminal Justice Standards and Training Commission and

25  funded through the National Highway Traffic Safety

26  Administration (NHTSA) or a similar program approved by the

27  commission, but who does not necessarily otherwise meet the

28  uniform minimum standards established by the commission for

29  law enforcement officers or auxiliary law enforcement officers

30  under chapter 943. Any such traffic crash investigation

31  officer who makes an investigation at the scene of a traffic


                                 146

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






                                        CS/HB 261, Third Engrossed



  1  crash may issue traffic citations when, based upon personal

  2  investigation, he or she has reasonable and probable grounds

  3  to believe that a person who was involved in the crash has

  4  committed an offense under this chapter, chapter 319, chapter

  5  320, or chapter 322 in connection with the crash. This

  6  paragraph does not permit the carrying of firearms or other

  7  weapons, nor do such officers have arrest authority other than

  8  for the issuance of a traffic citation as authorized in this

  9  paragraph.

10         (3)  MUNICIPALITIES.--

11         (b)  The police department of a chartered municipality

12  may employ as a traffic crash investigation officer any

13  individual who successfully completes at least 200 hours of

14  instruction in traffic crash investigation and court

15  presentation through the Selective Traffic Enforcement Program

16  (STEP) as approved by the Criminal Justice Standards and

17  Training Commission and funded through the National Highway

18  Traffic Safety Administration (NHTSA) or a similar program

19  approved by the commission, but who does not otherwise meet

20  the uniform minimum standards established by the commission

21  for law enforcement officers or auxiliary law enforcement

22  officers under chapter 943. Any such traffic crash

23  investigation officer who makes an investigation at the scene

24  of a traffic crash is authorized to issue traffic citations

25  when, based upon personal investigation, he or she has

26  reasonable and probable grounds to believe that a person

27  involved in the crash has committed an offense under the

28  provisions of this chapter, chapter 319, chapter 320, or

29  chapter 322 in connection with the crash. Nothing in This

30  paragraph does not shall be construed to permit the carrying

31  of firearms or other weapons, nor do shall such officers have


                                 147

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






                                        CS/HB 261, Third Engrossed



  1  arrest authority other than for the issuance of a traffic

  2  citation as authorized above.

  3         (c)1.  A chartered municipality or its authorized

  4  agency or instrumentality may employ as a parking enforcement

  5  specialist any individual who successfully completes a

  6  training program established and approved by the Criminal

  7  Justice Standards and Training Commission for parking

  8  enforcement specialists, but who does not otherwise meet the

  9  uniform minimum standards established by the commission for

10  law enforcement officers or auxiliary or part-time officers

11  under s. 943.12.

12         2.  A parking enforcement specialist employed by a

13  chartered municipality or its authorized agency or

14  instrumentality is authorized to enforce all state, county,

15  and municipal laws and ordinances governing parking within the

16  boundaries of the municipality employing the specialist, by

17  appropriate state, county, or municipal traffic citation.

18  Nothing in this paragraph shall be construed to permit the

19  carrying of firearms or other weapons, nor shall such a

20  parking enforcement specialist have arrest authority.

21         3.  A parking enforcement specialist employed pursuant

22  to this subsection may not carry firearms or other weapons or

23  have arrest authority.

24         Section 110.  Subsection (1) of section 322.056,

25  Florida Statutes, is amended to read:

26         322.056  Mandatory revocation or suspension of, or

27  delay of eligibility for, driver's license for persons under

28  age 18 found guilty of certain alcohol, drug, or tobacco

29  offenses; prohibition.--

30         (1)  Notwithstanding the provisions of s. 322.055, if a

31  person under 18 years of age is found guilty of or delinquent


                                 148

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






                                        CS/HB 261, Third Engrossed



  1  for a violation of s. 562.11(2), s. 562.111, or chapter 893,

  2  and:

  3         (a)  The person is eligible by reason of age for a

  4  driver's license or driving privilege, the court shall direct

  5  the department to revoke or to withhold issuance of his or her

  6  driver's license or driving privilege for a period of:

  7         1.  Not less than 6 months and not more than 1 year for

  8  the first violation.

  9         2.  Two years, for a subsequent violation.

10         (b)  The person's driver's license or driving privilege

11  is under suspension or revocation for any reason, the court

12  shall direct the department to extend the period of suspension

13  or revocation by an additional period of:

14         1.  Not less than 6 months and not more than 1 year for

15  the first violation.

16         2.  Two years, for a subsequent violation.

17         (c)  The person is ineligible by reason of age for a

18  driver's license or driving privilege, the court shall direct

19  the department to withhold issuance of his or her driver's

20  license or driving privilege for a period of:

21         1.  Not less than 6 months and not more than 1 year

22  after the date on which he or she would otherwise have become

23  eligible, for the first violation.

24         2.  Two years after the date on which he or she would

25  otherwise have become eligible, for a subsequent violation.

26

27  However, the court may, in its sound discretion, direct the

28  department to issue a license for driving privileges

29  restricted to business or employment purposes only, as defined

30  in s. 322.271, if the person is otherwise qualified for such a

31  license.


                                 149

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






                                        CS/HB 261, Third Engrossed



  1         Section 111.  Section 570.073, Florida Statutes, is

  2  amended to read:

  3         570.073  Department of Agriculture and Consumer

  4  Services, law enforcement officers.--

  5         (1)  The commissioner may create an Office of

  6  Agricultural Law Enforcement under the supervision of a senior

  7  manager exempt under s. 110.205 in the Senior Management

  8  Service. The commissioner may designate law enforcement

  9  officers, as necessary, to enforce any criminal law or conduct

10  any criminal investigation or to enforce the provisions of any

11  statute or any other laws of this state relating to any matter

12  over which the department has jurisdiction or which occurs on

13  property owned, managed, or occupied by the department.

14  Officers appointed under this section have the primary

15  responsibility for enforcing laws relating to agriculture and

16  consumer services as outlined below and violations of law that

17  threaten the overall security and safety of this state's

18  agriculture and consumer services. Those matters include The

19  primary responsibilities include the enforcement of laws

20  relating to:

21         (a)  Domesticated animals, including livestock,

22  poultry, aquaculture products, and other wild or domesticated

23  animals or animal products.

24         (b)  Farms, farm equipment, livery tack, citrus or

25  citrus products, or horticultural products.

26         (c)  Trespass, littering, forests, forest fires, and

27  open burning.

28         (d)  Damage to or theft of forest products.

29         (e)  Enforcement of a marketing order.

30         (f)  Protection of consumers.

31


                                 150

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






                                        CS/HB 261, Third Engrossed



  1         (g)  Civil traffic offenses as outlined under Florida

  2  law provided for in chapters 316, 320, and 322, subject to the

  3  provisions of chapter 318, relating to any matter over which

  4  the department has jurisdiction or committed on property

  5  owned, managed, or occupied by the department.

  6         (h)  The use of alcohol or drugs which occurs on

  7  property owned, managed, or occupied by the department.

  8         (i)  Any emergency situation in which the life, limb,

  9  or property of any person is placed in immediate and serious

10  danger.

11         (j)  Any crime incidental to or related to paragraphs

12  (a)-(i).

13         (k)  Any law over which the Commissioner of Agriculture

14  has responsibility.

15         (2)  Each law enforcement officer shall meet the

16  qualifications of law enforcement officers under s. 943.13 and

17  shall be certified as a law enforcement officer by the

18  Department of Law Enforcement under the provisions of chapter

19  943. Upon certification, each law enforcement officer is

20  subject to and shall have the same arrest and other authority

21  provided for law enforcement officers generally in chapter 901

22  and shall have statewide jurisdiction as provided in

23  subsection (1).  Each officer shall also have arrest authority

24  as provided for state law enforcement officers in s.

25  901.15(11). Such officers have full law enforcement powers

26  granted to other peace officers of this state, including the

27  power to make arrests, carry firearms, serve court process,

28  and seize contraband and the proceeds of illegal activities.

29         (3)  The Commissioner may also appoint part-time,

30  reserve or auxiliary law enforcement officers under chapter

31  943.


                                 151

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






                                        CS/HB 261, Third Engrossed



  1         (4)(3)  All department law enforcement officers, upon

  2  certification under s. 943.1395, shall have the same right and

  3  authority to carry arms as do the sheriffs of this state.

  4         (5)(4)  Each law enforcement officer in the state who

  5  is certified pursuant to chapter 943 has the same authority as

  6  law enforcement officers designated in this section to enforce

  7  the laws of this state as described in subsection (1).

  8         Section 112.  Subsections (5) and (11) of section

  9  319.23, Florida Statutes, are amended to read:

10         319.23  Application for, and issuance of, certificate

11  of title.--

12         (5)  The certificate of title issued by the department

13  for a motor vehicle or mobile home previously registered

14  outside this state shall give the name of the state or country

15  in which the vehicle was last registered outside this state.

16  The department shall retain the evidence of title presented by

17  the applicant upon which the certificate of title is issued.

18  The department shall use reasonable diligence in ascertaining

19  whether or not the facts in the application are true; and, if

20  satisfied that the applicant is the owner of the motor vehicle

21  or mobile home and that the application is in the proper form,

22  it shall issue a certificate of title.

23         (11)  The department is not required to retain any

24  evidence of title presented by the applicant and based on

25  which the certificate of title is issued.

26         Section 113.  Paragraph (a) of subsection (1) of

27  section 319.28, Florida Statutes, is amended to read:

28         319.28  Transfer of ownership by operation of law.--

29         (1)(a)  In the event of the transfer of ownership of a

30  motor vehicle or mobile home by operation of law as upon

31  inheritance, devise or bequest, order in bankruptcy,


                                 152

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






                                        CS/HB 261, Third Engrossed



  1  insolvency, replevin, attachment, execution, or other judicial

  2  sale or whenever the engine of a motor vehicle is replaced by

  3  another engine or whenever a motor vehicle is sold to satisfy

  4  storage or repair charges or repossession is had upon default

  5  in performance of the terms of a security agreement, chattel

  6  mortgage, conditional sales contract, trust receipt, or other

  7  like agreement, and upon the surrender of the prior

  8  certificate of title or, when that is not possible,

  9  presentation of satisfactory proof to the department of

10  ownership and right of possession to such motor vehicle or

11  mobile home, and upon payment of the fee prescribed by law and

12  presentation of an application for certificate of title, the

13  department may issue to the applicant a certificate of title

14  thereto. If the application is predicated upon a security

15  agreement, chattel mortgage, conditional sales contract, trust

16  receipt, or other like agreement, the original instrument or a

17  certified copy thereof shall accompany the application;

18  however, if an owner under a chattel mortgage voluntarily

19  surrenders possession of the motor vehicle or mobile home, the

20  original or a certified copy of the chattel mortgage shall

21  accompany the application for a certificate of title and it

22  shall not be necessary to institute proceedings in any court

23  to foreclose such mortgage.

24         Section 114.  Paragraph (d) of subsection (1) of

25  section 319.33, Florida Statutes, is amended, and subsection

26  (6) of said section is reenacted, to read:

27         319.33  Offenses involving vehicle identification

28  numbers, applications, certificates, papers; penalty.--

29         (1)  It is unlawful:

30         (d)  To possess, sell or offer for sale, conceal, or

31  dispose of in this state a motor vehicle or mobile home, or


                                 153

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






                                        CS/HB 261, Third Engrossed



  1  major component part thereof, on which any the motor number or

  2  vehicle identification number that has been affixed by the

  3  manufacturer or by a state agency, such as the Department of

  4  Highway Safety and Motor Vehicles, which regulates motor

  5  vehicles has been destroyed, removed, covered, altered, or

  6  defaced, with knowledge of such destruction, removal,

  7  covering, alteration, or defacement, except as provided in s.

  8  319.30(4).

  9         (6)  Any person who violates any provision of this

10  section is guilty of a felony of the third degree, punishable

11  as provided in s. 775.082, s. 775.083, or s. 775.084.  Any

12  motor vehicle used in violation of this section shall

13  constitute contraband which may be seized by a law enforcement

14  agency and shall be subject to forfeiture proceedings pursuant

15  to ss. 932.701-932.704.  This section is not exclusive of any

16  other penalties prescribed by any existing or future laws for

17  the larceny or unauthorized taking of motor vehicles or mobile

18  homes, but is supplementary thereto.

19         Section 115.  Section 320.025, Florida Statutes, is

20  amended to read:

21         320.025  Registration certificate and license plate or

22  decal issued under fictitious name; application.--

23         (1)  A confidential registration certificate and

24  registration license plate or decal shall be issued under a

25  fictitious name only for a motor vehicle or vessel owned or

26  operated by a law enforcement agency of state, county,

27  municipal, or federal government, the Attorney General's

28  Medicaid Fraud Control Unit, or any state public defender's

29  office. The requesting agency shall file a written application

30  with the department on forms furnished by the department,

31  which includes a statement that the license plate or decal


                                 154

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






                                        CS/HB 261, Third Engrossed



  1  will be used for the Attorney General's Medicaid Fraud Control

  2  Unit, or law enforcement or any state public defender's office

  3  activities requiring concealment of publicly leased or owned

  4  motor vehicles or vessels and a statement of the position

  5  classifications of the individuals who are authorized to use

  6  the license plate or decal. The department may modify its

  7  records to reflect the fictitious identity of the owner or

  8  lessee until such time as the license plate or decal and

  9  registration certificate are surrendered to it.

10         (2)  Except as provided in subsection (1), any motor

11  vehicle owned or exclusively operated by the state or any

12  county, municipality, or other governmental entity must at all

13  times display a license plate of the type prescribed in s.

14  320.0655. Any vessel owned or exclusively operated by the

15  state or any county, municipality, or other governmental

16  entity must at all times display a registration number as

17  required in s. 328.56 and a vessel decal as required in s.

18  328.48(5).

19         (3)  This section constitutes an exception to other

20  statutes relating to falsification of public records, false

21  swearing, and similar matters. All records relating to the

22  registration application of the Attorney General's Medicaid

23  Fraud Control Unit, a law enforcement agency, or any state

24  public defender's office, and records necessary to carry out

25  the intended purpose of this section, are exempt from the

26  provisions of s. 119.07(1), and s. 24(a), Art. I of the State

27  Constitution as long as the information is retained by the

28  department. This section does not prohibit other personations,

29  fabrications, or creations of false identifications by the

30  Attorney General's Medicaid Fraud Control Unit, or law

31


                                 155

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






                                        CS/HB 261, Third Engrossed



  1  enforcement or public defender's officers in the official

  2  performance of covert operations.

  3         Section 116.  Subsections (1) and (2) of section

  4  320.05, Florida Statutes, are amended to read:

  5         320.05  Records of the department; inspection

  6  procedure; lists and searches; fees.--

  7         (1)  Except as provided in ss. s. 119.07(3) and

  8  320.025(3), the department may release records as provided in

  9  this section.

10         (2)  Upon receipt of an application for the

11  registration of a motor vehicle, vessel, or mobile home, as

12  herein provided for, the department shall register the motor

13  vehicle, vessel, or mobile home under the distinctive number

14  assigned to such motor vehicle, vessel, or mobile home by the

15  department. Electronic registration records shall be open to

16  the inspection of the public during business hours.

17  Information on a motor vehicle or vessel registration may not

18  be made available to a person unless the person requesting the

19  information furnishes positive proof of identification. The

20  agency that furnishes a motor vehicle or vessel registration

21  record shall record the name and address of any person other

22  than a representative of a law enforcement agency who requests

23  and receives information from a motor vehicle or vessel

24  registration record and shall also record the name and address

25  of the person who is the subject of the inquiry or other

26  information identifying the entity about which information is

27  requested. A record of each such inquiry must be maintained

28  for a period of 6 months from the date upon which the

29  information was released to the inquirer. Nothing in this

30  section shall prohibit any financial institution, insurance

31  company, motor vehicle dealer, licensee under chapter 493,


                                 156

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






                                        CS/HB 261, Third Engrossed



  1  attorney, or other agency which the department determines has

  2  the right to know from obtaining, for professional or business

  3  use only, information in such records from the department

  4  through any means of telecommunication pursuant to a code

  5  developed by the department providing all fees specified in

  6  subsection (3) have been paid. The department shall disclose

  7  records or information to the child support enforcement agency

  8  to assist in the location of individuals who owe or

  9  potentially owe support, as defined in s. 409.2554, or to whom

10  such an obligation is owed pursuant to Title IV-D of the

11  Social Security Act.

12         Section 117.  Subsection (5) of section 320.055,

13  Florida Statutes, is amended to read:

14         320.055  Registration periods; renewal periods.--The

15  following registration periods and renewal periods are

16  established:

17         (5)  For a vehicle subject to apportioned registration

18  under s. 320.08(4), (5)(a)1., (e), (6)(b), or (14), the

19  registration period shall be a period of 12 months beginning

20  in a month designated by the department and ending on the last

21  day of the 12th month. For a vehicle subject to this

22  registration period, the renewal period is the last month of

23  the registration period. The registration period may be

24  shortened or extended at the discretion of the department, on

25  receipt of the appropriate prorated fees, in order to evenly

26  distribute such registrations on a monthly basis. For a

27  vehicle subject to nonapportioned registration under s.

28  320.08(4), (5)(a)1., (6)(b), or (14), the registration period

29  begins December 1 and ends November 30. The renewal period is

30  the 31-day period beginning December 1.

31


                                 157

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






                                        CS/HB 261, Third Engrossed



  1         Section 118.  Paragraphs (b) and (c) of subsection (1)

  2  of section 320.06, Florida Statutes, are amended to read:

  3         320.06  Registration certificates, license plates, and

  4  validation stickers generally.--

  5         (1)

  6         (b)  Registration license plates bearing a graphic

  7  symbol and the alphanumeric system of identification shall be

  8  issued for a 5-year period. At the end of said 5-year period,

  9  upon renewal, the plate shall be replaced. The fee for such

10  replacement shall be $10, $2 of which shall be paid each year

11  before the plate is replaced, to be credited towards the next

12  $10 replacement fee. The fees shall be deposited into the

13  Highway Safety Operating Trust Fund. A credit or refund shall

14  not be given for any prior years' payments of such prorated

15  replacement fee when the plate is replaced or surrendered

16  before the end of the 5-year period. With each license plate,

17  there shall be issued a validation sticker showing the owner's

18  birth month, license plate number, and the year of expiration

19  or the appropriate renewal period if the owner is not a

20  natural person. The This validation sticker is to shall be

21  placed on the upper right left corner of the license plate and

22  shall be issued one time during the life of the license plate,

23  or upon request when it has been damaged or destroyed. There

24  shall also be issued with each license plate a serially

25  numbered validation sticker showing the year of expiration,

26  which sticker shall be placed on the upper right corner of the

27  license plate. Such license plate and validation sticker

28  stickers shall be issued based on the applicant's appropriate

29  renewal period. The registration period shall be a period of

30  12 months, and all expirations shall occur based on the

31  applicant's appropriate registration period. A vehicle with an


                                 158

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






                                        CS/HB 261, Third Engrossed



  1  apportioned registration shall be issued an annual license

  2  plate and a cab card that denote the declared gross vehicle

  3  weight for each apportioned jurisdiction in which the vehicle

  4  is authorized to operate.

  5         (c)  Registration license plates equipped with

  6  validation stickers shall be valid for not more than 12 months

  7  and shall expire at midnight on the last day of the

  8  registration period. For each registration period after the

  9  one in which the metal registration license plate is issued,

10  and until the license plate is required to be replaced, a

11  validation sticker showing the month and year of expiration

12  shall be issued upon payment of the proper license tax amount

13  and fees and shall be valid for not more than 12 months. When

14  license plates equipped with validation stickers are issued in

15  any month other than the owner's birth month or the designated

16  registration period for any other motor vehicle, the effective

17  date shall reflect the birth month or month and the year of

18  renewal. However, when a license plate or validation sticker

19  is issued for a period of less than 12 months, the applicant

20  shall pay the appropriate amount of license tax and the

21  applicable fee under the provisions of s. 320.14 in addition

22  to all other fees. Validation stickers issued for vehicles

23  taxed under the provisions of s. 320.08(6)(a), for any company

24  which owns 250 vehicles or more, or for semitrailers taxed

25  under the provisions of s. 320.08(5)(a), for any company which

26  owns 50 vehicles or more, may be placed on any vehicle in the

27  fleet so long as the vehicle receiving the validation sticker

28  has the same owner's name and address as the vehicle to which

29  the validation sticker was originally assigned.

30         Section 119.  Subsection (6) of section 320.0805,

31  Florida Statutes, is amended to read:


                                 159

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






                                        CS/HB 261, Third Engrossed



  1         320.0805  Personalized prestige license plates.--

  2         (6)  A personalized prestige license plate shall be

  3  issued for the exclusive continuing use of the applicant. An

  4  exact duplicate of any plate may not be issued to any other

  5  applicant during the same registration period. An exact

  6  duplicate may not be issued for any succeeding year unless the

  7  previous owner of a specific plate relinquishes it by failure

  8  to apply for renewal or reissuance for 1 year three

  9  consecutive annual registration periods following the last

10  original year of issuance.

11         Section 120.  Subsection (1) of section 320.083,

12  Florida Statutes, is amended to read:

13         320.083  Amateur radio operators; special license

14  plates; fees.--

15         (1)  A person who is the owner or lessee of an

16  automobile or truck for private use, a truck weighing not more

17  than 7,999 5,000 pounds, or a recreational vehicle as

18  specified in s. 320.08(9)(c) or (d), which is not used for

19  hire or commercial use; who is a resident of the state; and

20  who holds a valid official amateur radio station license

21  issued by the Federal Communications Commission shall be

22  issued a special license plate upon application, accompanied

23  by proof of ownership of such radio station license, and

24  payment of the following tax and fees:

25         (a)  The license tax required for the vehicle, as

26  prescribed by s. 320.08(2), (3)(a), (b), or (c), (4)(a), (b),

27  (c), (d), (e), or (f), or (9); and

28         (b)  An initial additional fee of $5, and an additional

29  fee of $1.50 thereafter.

30         Section 121.  Subsection (2) of section 320.0848,

31  Florida Statutes, is amended to read:


                                 160

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






                                        CS/HB 261, Third Engrossed



  1         320.0848 Persons who have disabilities; issuance of

  2  disabled parking permits; temporary permits; permits for

  3  certain providers of transportation services to persons who

  4  have disabilities.--

  5         (2)  DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM

  6  MOBILITY PROBLEMS.--

  7         (a)  The disabled parking permit is a placard that can

  8  be placed in a motor vehicle so as to be visible from the

  9  front and rear of the vehicle. Each side of the placard must

10  have the international symbol of accessibility in a

11  contrasting color in the center so as to be visible. One side

12  of the placard must display the applicant's driver's license

13  number or state identification card number along with a

14  warning that the applicant must have such identification at

15  all times while using the parking permit. A validation sticker

16  must also be issued with each disabled parking permit, showing

17  the month and year of expiration on each side of the placard.

18  Validation stickers must be of the size specified by the

19  Department of Highway Safety and Motor Vehicles and must be

20  affixed to the disabled parking permits. The disabled parking

21  permits must use the same colors as license plate validations.

22         (b)  License plates issued under ss. 320.084, 320.0842,

23  320.0843, and 320.0845 are valid for the same parking

24  privileges and other privileges provided under ss. 316.1955,

25  316.1964, and 526.141(5)(a).

26         (c)  The administrative processing fee for each initial

27  4-year disabled parking permit or renewal permit shall be

28  $1.50, and all proceeds of that fee shall be retained by the

29  tax collector of the county in which the fee was collected.

30         (c)1.  Except as provided in subparagraph 2., the fee

31  for a disabled parking permit shall be:


                                 161

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






                                        CS/HB 261, Third Engrossed



  1         a.  Fifteen dollars for each initial 4-year permit or

  2  renewal permit, of which the State Transportation Trust Fund

  3  shall receive $13.50 and the tax collector of the county in

  4  which the fee was collected shall receive $1.50.

  5         b.  One dollar for each additional or additional

  6  renewal 4-year permit, of which the State Transportation Trust

  7  Fund shall receive all funds collected. 

  8         (d)  The department shall not issue an additional

  9  disabled parking permit unless the applicant states that he or

10  she is they are a frequent traveler or a quadriplegic. The

11  department may not issue to any one eligible applicant more

12  than two disabled parking permits except to an organization in

13  accordance with paragraph (1)(e). Subsections (1), (5), (6),

14  and (7) apply to this subsection.

15         (e)2.  If an applicant who is a disabled veteran, is a

16  resident of this state, has been honorably discharged, and

17  either has been determined by the Department of Defense or the

18  United States Department of Veterans Affairs or its

19  predecessor to have a service-connected disability rating for

20  compensation of 50 percent or greater or has been determined

21  to have a service-connected disability rating of 50 percent or

22  greater and is in receipt of both disability retirement pay

23  from the United States Department of Veterans Affairs, he or

24  she must still provide and has a signed physician's statement

25  of qualification for the disabled parking permits., the fee

26  for a disabled parking permit shall be:

27         a.  One dollar and fifty cents for the initial 4-year

28  permit or renewal permit.

29         b.  One dollar for each additional or additional

30  renewal 4-year permit.

31


                                 162

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






                                        CS/HB 261, Third Engrossed



  1  The tax collector of the county in which the fee was collected

  2  shall retain all funds received pursuant to this subparagraph.

  3         3.  If an applicant presents to the department a

  4  statement from the Federal Government or the State of Florida

  5  indicating the applicant is a recipient of supplemental

  6  security income, the fee for the disabled parking permit shall

  7  be $9 for the initial 4-year permit or renewal permit, of

  8  which the State Transportation Trust Fund shall receive $6.75

  9  and the tax collector of the county in which the fee was

10  collected shall receive $2.25. 

11         (f)(d)  To obtain a replacement for a disabled parking

12  permit that has been lost or stolen, a person must submit an

13  application on a form prescribed by the department and must

14  pay a replacement fee in the amount of $1.00, to be retained

15  by the issuing agency. If the person submits with the

16  application a police report documenting that the permit was

17  stolen, there is no replacement fee.

18         (g)(e)  A person who qualifies for a disabled parking

19  permit under this section may be issued an international

20  wheelchair user symbol license plate under s. 320.0843 in lieu

21  of the disabled parking permit; or, if the person qualifies

22  for a "DV" license plate under s. 320.084, such a license

23  plate may be issued to him or her in lieu of a disabled

24  parking permit.

25         Section 122.  Subsections (2) and (3) of section

26  320.089, Florida Statutes, are amended to read:

27         320.089  Members of National Guard and active United

28  States Armed Forces reservists; former prisoners of war;

29  survivors of Pearl Harbor; Purple Heart medal recipients;

30  special license plates; fee.--

31


                                 163

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






                                        CS/HB 261, Third Engrossed



  1         (2)  Each owner or lessee of an automobile or truck for

  2  private use, truck weighing not more than 7,999 5,000 pounds,

  3  or recreational vehicle as specified in s. 320.08(9)(c) or

  4  (d), which is not used for hire or commercial use, who is a

  5  resident of the state and who is a former prisoner of war, or

  6  their unremarried surviving spouse, shall, upon application

  7  therefor to the department, be issued a license plate as

  8  provided in s. 320.06, on which license plate are stamped the

  9  words "Ex-POW" followed by the serial number. Each application

10  shall be accompanied by proof that the applicant meets the

11  qualifications specified in paragraph (a) or paragraph (b).

12         (a)  A citizen of the United States who served as a

13  member of the Armed Forces of the United States or the armed

14  forces of a nation allied with the United States who was held

15  as a prisoner of war at such time as the Armed Forces of the

16  United States were engaged in combat, or their unremarried

17  surviving spouse, may be issued the special license plate

18  provided for in this subsection without payment of the license

19  tax imposed by s. 320.08.

20         (b)  A person who was serving as a civilian with the

21  consent of the United States Government, or a person who was a

22  member of the Armed Forces of the United States who was not a

23  United States citizen and was held as a prisoner of war when

24  the Armed Forces of the United States were engaged in combat,

25  or their unremarried surviving spouse, may be issued the

26  special license plate provided for in this subsection upon

27  payment of the license tax imposed by s. 320.08.

28         (3)  Each owner or lessee of an automobile or truck for

29  private use, truck weighing not more than 7,999 5,000 pounds,

30  or recreational vehicle as specified in s. 320.08(9)(c) or

31  (d), which is not used for hire or commercial use, who is a


                                 164

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






                                        CS/HB 261, Third Engrossed



  1  resident of this state and who is the unremarried surviving

  2  spouse of a recipient of the Purple Heart medal shall, upon

  3  application therefor to the department, with the payment of

  4  the required fees, be issued a license plate as provided in s.

  5  320.06, on which license plate are stamped the words "Purple

  6  Heart" and the likeness of the Purple Heart medal followed by

  7  the serial number. Each application shall be accompanied by

  8  proof that the applicant is the unremarried surviving spouse

  9  of a recipient of the Purple Heart medal.

10         Section 123.  Section 321.02, Florida Statutes, is

11  amended to read:

12         321.02  Powers and duties of department, highway

13  patrol.--The director of the Division of Highway Patrol of the

14  Department of Highway Safety and Motor Vehicles shall also be

15  the commander of the Florida Highway Patrol. The said

16  department shall set up and promulgate rules and regulations

17  by which the personnel of the Florida Highway Patrol officers

18  shall be examined, employed, trained, located, suspended,

19  reduced in rank, discharged, recruited, paid and pensioned,

20  subject to civil service provisions hereafter set out. The

21  department may enter into contracts or agreements, with or

22  without competitive bidding or procurement, to make available,

23  on a fair, reasonable, nonexclusive, and nondiscriminatory

24  basis, property and other structures under division control

25  for the placement of new facilities by any wireless provider

26  of mobile service as defined in 47 U.S.C. s. 153(n) or s.

27  332(d), and any telecommunications company as defined in s.

28  364.02 when it is determined to be practical and feasible to

29  make such property or other structures available. The

30  department may, without adopting a rule, charge a just,

31  reasonable, and nondiscriminatory fee for placement of the


                                 165

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






                                        CS/HB 261, Third Engrossed



  1  facilities, payable annually, based on the fair market value

  2  of space used by comparable communications facilities in the

  3  state. The department and a wireless provider or

  4  telecommunications company may negotiate the reduction or

  5  elimination of a fee in consideration of services provided to

  6  the division by the wireless provider or the

  7  telecommunications company. All such fees collected by the

  8  department shall be deposited directly into the State Agency

  9  Law Enforcement Radio System Trust Fund, and may be used to

10  construct, maintain, or support the system. The department is

11  further specifically authorized to purchase, sell, trade,

12  rent, lease and maintain all necessary equipment, uniforms,

13  motor vehicles, communication systems, housing facilities,

14  office space, and perform any other acts necessary for the

15  proper administration and enforcement of this chapter.

16  However, all supplies and equipment consisting of single items

17  or in lots shall be purchased under the requirements of s.

18  287.057.  Purchases shall be made by accepting the bid of the

19  lowest responsive bidder, the right being reserved to reject

20  all bids. The department shall prescribe a distinctive uniform

21  and distinctive emblem to be worn by all officers of the

22  Florida Highway Patrol.  It shall be unlawful for any other

23  person or persons to wear a similar uniform or emblem, or any

24  part or parts thereof.  The department shall also prescribe a

25  distinctive color or colors for use on all motor vehicles and

26  motorcycles operated to be used by the Florida Highway Patrol.

27  The prescribed colors shall be referred to as "Florida Highway

28  Patrol black and tan."

29         Section 124.  Subsection (7) is added to section

30  322.051, Florida Statutes, to read:

31         322.051  Identification cards.--


                                 166

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






                                        CS/HB 261, Third Engrossed



  1         (7)  Any person accepting the Florida driver license as

  2  proof of identification must accept a Florida identification

  3  card as proof of identification when the bearer of the

  4  identification card does not also have a driver license.

  5         Section 125.  Subsections (1) and (3) of section

  6  860.20, Florida Statutes, are amended to read:

  7         860.20  Outboard motors; identification numbers.--

  8         (1)(a)  The Department of Highway Safety and Motor

  9  Vehicles Environmental Protection shall adopt rules specifying

10  the locations and manner in which serial numbers for outboard

11  motors shall be affixed. In adopting such rules, the

12  department shall consider the adequacy of voluntary industry

13  standards, the current state of technology, and the overall

14  purpose of reducing vessel and motor thefts in the state.

15         (b)  Any outboard motor manufactured after October 1,

16  1985, which is for sale in the state shall comply with the

17  serial number rules promulgated by the department.  Any

18  person, firm, or corporation which sells or offers for sale

19  any outboard boat motor manufactured after October 1, 1985,

20  which does not comply with this section is guilty of a

21  misdemeanor of the first degree, punishable as provided in s.

22  775.082 or s. 775.083.

23         (3)  If any of the serial numbers required by this

24  section to identify ownership of an outboard motor do not

25  exist or have been removed, erased, defaced, or otherwise

26  altered to prevent identification and its true identity cannot

27  be determined, the outboard motor may be seized as contraband

28  property by a law enforcement agency and shall be subject to

29  forfeiture pursuant to ss. 932.701-932.704. Such outboard

30  motor may not be sold or used to propel a vessel on the waters

31  of the state unless the department Division of Law Enforcement


                                 167

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






                                        CS/HB 261, Third Engrossed



  1  of the Department of Environmental Protection is directed by

  2  written order of a court of competent jurisdiction to issue to

  3  the outboard motor a replacement identifying number which

  4  shall be affixed to the outboard motor and shall thereafter be

  5  used for identification purposes.

  6         Section 126.  All automotive service technology

  7  education programs shall be industry certified by 2007.

  8         Section 127.  Paragraph (n) of subsection (1) of

  9  section 319.30, Florida Statutes, is reenacted, and subsection

10  (3) of said section is amended, to read:

11         319.30  Definitions; dismantling, destruction, change

12  of identity of motor vehicle or mobile home; salvage.--

13         (1)  As used in this section, the term:

14         (n)  "Salvage" means a motor vehicle or mobile home

15  which is a total loss as defined in paragraph (3)(a).

16         (3)(a)1.  As used in this section, a motor vehicle or

17  mobile home is a "total loss":

18         a.1.  When an insurance company pays the vehicle owner

19  to replace the wrecked or damaged vehicle with one of like

20  kind and quality or when an insurance company pays the owner

21  upon the theft of the motor vehicle or mobile home; a motor

22  vehicle or mobile home shall not be considered a "total loss"

23  if the insurance company and the owner agree to repair, rather

24  than to replace, the motor vehicle or mobile home; or

25         b.2.  When an uninsured motor vehicle or mobile home is

26  wrecked or damaged and the cost, at the time of loss, of

27  repairing or rebuilding the vehicle is 80 percent or more of

28  the cost to the owner of replacing the wrecked or damaged

29  motor vehicle or mobile home with one of like kind and

30  quality.

31


                                 168

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






                                        CS/HB 261, Third Engrossed



  1         2.  A motor vehicle or mobile home shall not be

  2  considered a "total loss" if the insurance company and owner

  3  of a motor vehicle or mobile home agree to repair, rather than

  4  to replace, the motor vehicle or mobile home.  However, if the

  5  actual cost to repair the motor vehicle or mobile home to the

  6  insurance company exceeds 100 percent of the cost of replacing

  7  the wrecked or damaged motor vehicle or mobile home with one

  8  of like kind and quality, the owner shall forward to the

  9  department, within 72 hours after the agreement, a request to

10  brand the certificate of title with the words "Total Loss

11  Vehicle."  Such a brand shall become a part of the vehicle's

12  title history.

13         (b)  The owner, including persons who are self-insured,

14  of any motor vehicle or mobile home which is considered to be

15  salvage shall, within 72 hours after the motor vehicle or

16  mobile home becomes salvage, forward the title to the motor

17  vehicle or mobile home to the department for processing.

18  However, an insurance company which pays money as compensation

19  for total loss of a motor vehicle or mobile home shall obtain

20  the certificate of title for the motor vehicle or mobile home

21  and, within 72 hours after receiving such certificate of

22  title, shall forward such title to the department for

23  processing. The owner or insurance company, as the case may

24  be, may not dispose of a vehicle or mobile home that is a

25  total loss before it has obtained a salvage certificate of

26  title or certificate of destruction from the department. When

27  applying for a salvage certificate of title or certificate of

28  destruction, the owner or insurance company must provide the

29  department with an estimate of the costs of repairing the

30  physical and mechanical damage suffered by the vehicle for

31  which a salvage certificate of title or certificate of


                                 169

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






                                        CS/HB 261, Third Engrossed



  1  destruction is sought. If the estimated costs of repairing the

  2  physical and mechanical damage to the vehicle are equal to 80

  3  percent or more of the current retail cost of the vehicle, as

  4  established in any official used car or used mobile home

  5  guide, the department shall declare the vehicle unrebuildable

  6  and print a certificate of destruction, which authorizes the

  7  dismantling or destruction of the motor vehicle or mobile home

  8  described therein. This certificate of destruction shall be

  9  reassignable a maximum of two times before dismantling or

10  destruction of the vehicle shall be required, and shall

11  accompany the motor vehicle or mobile home for which it is

12  issued, when such motor vehicle or mobile home is sold for

13  such purposes, in lieu of a certificate of title, and,

14  thereafter, the department shall refuse issuance of any

15  certificate of title for that vehicle. Nothing in this

16  subsection shall be applicable when a vehicle is worth less

17  than $1,500 retail in undamaged condition in any official used

18  motor vehicle guide or used mobile home guide or when a stolen

19  motor vehicle or mobile home is recovered in substantially

20  intact condition and is readily resalable without extensive

21  repairs to or replacement of the frame or engine. Any person

22  who willfully and deliberately violates this paragraph or

23  falsifies any document to avoid the requirements of this

24  paragraph commits a misdemeanor of the first degree,

25  punishable as provided in s. 775.082 or s. 775.083.

26         Section 128.  Effective July 1, 2003, section 319.41,

27  Florida Statutes, is created to read:

28         319.41  Title history database.--The department shall

29  make available on the Internet a database of title

30  transactions searchable by vehicle identification number.  In

31  the Internet database, the department shall only provide


                                 170

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






                                        CS/HB 261, Third Engrossed



  1  access to information relating to the year, make, model, and

  2  mileage of the vehicle, along with the date of sales and any

  3  brands or outstanding liens on the title.

  4         Section 129.  Section 748.7543, Florida Statutes, is

  5  amended to read:

  6         348.7543  Improvements, bond financing authority

  7  for.--Pursuant to s. 11(f), Art. VII of the State

  8  Constitution, the Legislature hereby approves for bond

  9  financing by the Orlando-Orange County Expressway Authority

10  improvements to toll collection facilities, interchanges to

11  the legislatively approved expressway system, and any other

12  facility appurtenant, necessary, or incidental to the approved

13  system. Subject to terms and conditions of applicable revenue

14  bond resolutions and covenants, such costs financing may be

15  financed in whole or in part by revenue bonds issued pursuant

16  to s. 348.755(1)(a) or (b) whether currently issued or, issued

17  in the future, or by a combination of such bonds.

18         Section 130.  Section 348.7545, Florida Statutes, is

19  amended to read:

20         348.7545  Western Beltway Part C, construction

21  authorized; financing.--Notwithstanding s. 338.2275, the

22  Orlando-Orange County Expressway Authority is authorized to

23  exercise its condemnation powers, construct, finance, operate,

24  own, and maintain that portion of the Western Beltway known as

25  the Western Beltway Part C, extending from Florida's Turnpike

26  near Ocoee in Orange County southerly through Orange and

27  Osceola Counties to an interchange with I-4 near the

28  Osceola-Polk County line, as part of the authority's 20-year

29  capital projects plan. This project may be financed with any

30  funds available to the authority for such purpose or revenue

31  bonds issued by the Division of Bond Finance of the State


                                 171

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






                                        CS/HB 261, Third Engrossed



  1  Board of Administration on behalf of the authority pursuant to

  2  s. 11, Art. VII of the State Constitution and the State Bond

  3  Act, ss. 215.57-215.83. This project may be refinanced with

  4  bonds issued by the authority pursuant to s. 348.755(1)(d).

  5         Section 131.  Subsection (1) of section 348.755,

  6  Florida Statutes, is amended to read:

  7         348.755  Bonds of the authority.--

  8         (1)(a)  Bonds may be issued on behalf of the authority

  9  pursuant to the State Bond Act.

10         (b)  Alternatively, the authority may issue its own

11  bonds pursuant to this part at such times and in such

12  principal amount as, in the opinion of the authority, is

13  necessary to provide sufficient moneys for achieving its

14  purposes; however, such bonds may not pledge the full faith

15  and credit of the state. Bonds issued by the authority

16  pursuant to this paragraph or paragraph (a) The bonds of the

17  authority issued pursuant to the provisions of this part,

18  whether on original issuance or on refunding, shall be

19  authorized by resolution of the members thereof and may be

20  either term or serial bonds, shall bear such date or dates,

21  mature at such time or times, not exceeding 40 years from

22  their respective dates, bear interest at such rate or rates,

23  payable semiannually, be in such denominations, be in such

24  form, either coupon or fully registered, shall carry such

25  registration, exchangeability and interchangeability

26  privileges, be payable in such medium of payment and at such

27  place or places, be subject to such terms of redemption and be

28  entitled to such priorities on the revenues, rates, fees,

29  rentals or other charges or receipts of the authority

30  including the Orange County gasoline tax funds received by the

31  authority pursuant to the terms of any lease-purchase


                                 172

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






                                        CS/HB 261, Third Engrossed



  1  agreement between the authority and the department, as such

  2  resolution or any resolution subsequent thereto may provide.

  3  The bonds shall be executed either by manual or facsimile

  4  signature by such officers as the authority shall determine,

  5  provided that such bonds shall bear at least one signature

  6  which is manually executed thereon, and the coupons attached

  7  to such bonds shall bear the facsimile signature or signatures

  8  of such officer or officers as shall be designated by the

  9  authority and shall have the seal of the authority affixed,

10  imprinted, reproduced or lithographed thereon, all as may be

11  prescribed in such resolution or resolutions.

12         (c)(b)  Said Bonds issued pursuant to paragraph (a) or

13  paragraph (b) shall be sold at public sale in the same manner

14  provided by the State Bond Act.  However, if the authority

15  shall, by official action at a public meeting, determine that

16  a negotiated sale of such the bonds is in the best interest of

17  the authority, the authority may negotiate the for sale of

18  such the bonds with the underwriter or underwriters designated

19  by the authority and the Division of Bond Finance of the State

20  Board of Administration with respect to bonds issued pursuant

21  to paragraph (a) or solely the authority with respect to bonds

22  issued pursuant to paragraph (b). The authority's

23  determination to negotiate the sale of such bonds may be

24  based, in part, upon the written advice of the authority's

25  financial advisor. Pending the preparation of definitive

26  bonds, interim certificates may be issued to the purchaser or

27  purchasers of such bonds and may contain such terms and

28  conditions as the authority may determine.

29         (d)  The authority may issue bonds pursuant to

30  paragraph (b) to refund any bonds previously issued regardless

31  of whether the bonds being refunded were issued by the


                                 173

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






                                        CS/HB 261, Third Engrossed



  1  authority pursuant to this chapter or on behalf of the

  2  authority pursuant to the State Bond Act.

  3         Section 132.  Section 348.765, Florida Statutes, is

  4  amended to read:

  5         348.765  This part complete and additional authority.--

  6         (1)  The powers conferred by this part shall be in

  7  addition and supplemental to the existing powers of said board

  8  and the department, and this part shall not be construed as

  9  repealing any of the provisions, of any other law, general,

10  special or local, but to supersede such other laws in the

11  exercise of the powers provided in this part, and to provide a

12  complete method for the exercise of the powers granted in this

13  part.  The extension and improvement of said Orlando-Orange

14  County Expressway System, and the issuance of bonds hereunder

15  to finance all or part of the cost thereof, may be

16  accomplished upon compliance with the provisions of this part

17  without regard to or necessity for compliance with the

18  provisions, limitations, or restrictions contained in any

19  other general, special or local law, including, but not

20  limited to, s. 215.821, and no approval of any bonds issued

21  under this part by the qualified electors or qualified

22  electors who are freeholders in the state or in said County of

23  Orange, or in said City of Orlando, or in any other political

24  subdivision of the state, shall be required for the issuance

25  of such bonds pursuant to this part.

26         (2)  This part shall not be deemed to repeal, rescind,

27  or modify any other law or laws relating to said State Board

28  of Administration, said Department of Transportation, or the

29  Division of Bond Finance of the State Board of Administration,

30  but shall be deemed to and shall supersede such other law or

31


                                 174

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






                                        CS/HB 261, Third Engrossed



  1  laws as are inconsistent with the provisions of this part,

  2  including, but not limited to, s. 215.821.

  3         Section 133.  Subsection (1) of section 316.003,

  4  Florida Statutes, is amended to read:

  5         316.003  Definitions.--The following words and phrases,

  6  when used in this chapter, shall have the meanings

  7  respectively ascribed to them in this section, except where

  8  the context otherwise requires:

  9         (1)  AUTHORIZED EMERGENCY VEHICLES.--Vehicles of the

10  fire department (fire patrol), police vehicles, and such

11  ambulances and emergency vehicles of municipal departments,

12  public service corporations operated by private corporations,

13  the Department of Environmental Protection, the Department of

14  Health, and the Department of Transportation as are designated

15  or authorized by their respective department or the chief of

16  police of an incorporated city or any sheriff of any of the

17  various counties.

18         Section 134.  Subsection (9) of section 316.2397,

19  Florida Statutes, is amended to read:

20         316.2397  Certain lights prohibited; exceptions.--

21         (9)  Flashing red lights may be used by emergency

22  response vehicles of the Department of Environmental

23  Protection and the Department of Health when responding to an

24  emergency in the line of duty.

25         Section 135.  Notwithstanding section 18 of CS/CS/SB

26  1360, 2002 Regular Section, section 197.1722, Florida

27  Statutes, as created by section 16 of that bill, shall not

28  take effect January 1, 2003, but shall take effect on the date

29  CS/CS/SB 1360, Regular Session, becomes a law and shall apply

30  retroactively to January 1, 2002.

31


                                 175

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






                                        CS/HB 261, Third Engrossed



  1         Section 136.  Except as otherwise provided, this act

  2  shall take effect July 1, 2002.

  3

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                 176

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