HB 1373, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to transportation administration; amending
3	s. 95.361, F.S.; providing for government acquisition of
4	certain roads; providing procedures to contest such
5	acquisition; amending s. 255.20, F.S.; allowing certain
6	local governmental entities to require prequalification of
7	contractors for described transportation facilities
8	construction; providing a condition for ineligibility;
9	providing a presumption of eligibility for contractors
10	prequalified by the Department of Transportation;
11	providing for an appeal process to overcome that
12	presumption; requiring publication of prequalification
13	criteria and procedures prior to advertisement or notice
14	of solicitation; requiring a public hearing; requiring a
15	process for appeal; amending s. 330.27, F.S.; revising
16	definitions; amending s. 330.29, F.S.; revising duties of
17	the Department of Transportation; requiring the department
18	to establish requirements for airport site approval,
19	licensure, and registration; requiring the department to
20	establish and maintain a state aviation facility data
21	system; amending s. 330.30, F.S.; revising provisions for
22	airport site approval; revising provisions for airport
23	licensing; providing for a private airport registration
24	process; specifying requirements for such licensing and
25	registration; deleting airport license fees; providing for
26	expiration and revocation of such license or registration;
27	revising provisions for exemption from such registration
28	and licensing requirements; exempting described areas and
29	facilities from such requirements; providing described
30	private airports the option to be inspected and licensed
31	by the department; amending s. 330.35, F.S.; revising
32	provisions for airport zoning protection for public-use
33	airports; amending s. 332.007, F.S.; extending time period
34	of the department's authorization to fund certain
35	security-related airport projects; amending s. 335.02,
36	F.S.; providing that local government regulations shall
37	not apply to existing or future transportation facilities
38	on the State Highway System; amending s. 336.467, F.S.;
39	providing for the department to enter into agreements with
40	other governmental entities to acquire right-of-way;
41	deleting certain project criteria for such agreements;
42	amending s. 337.14, F.S.; revising timeframe for
43	department to act on an application for qualification as a
44	contractor; adding testing services to those activities
45	that specified contractors may not qualify to perform;
46	amending s. 337.18, F.S.; revising basis for determining
47	certain incentive payments to contractors; deleting
48	limitation on such payments; amending s. 337.401, F.S.;
49	allowing the department under described circumstances to
50	enter into permit-delegation agreements with other
51	governmental entities for issuance of permit to use
52	certain rights-of-way; amending s. 338.2216, F.S.;
53	deleting an incorrect reference; designating Cesar Calas
54	Way and Firpo Garcia Way in Miami-Dade County; designating
55	Private Robert M. McTureous, Jr., U.S.M.C., Medal of Honor
56	Memorial Highway in Lake County; directing the Department
57	of Transportation to erect suitable markers; repealing s.
58	339.12(10), F.S., relating to aid and contributions by
59	governmental entities for department projects; providing
60	effective dates.
61
62	Be It Enacted by the Legislature of the State of Florida:
63
64	Section 1. Section 95.361, Florida Statutes, is amended to
65	read:
66	95.361 Roads presumed to be dedicated.--
67	(1) When a road, constructed by a county, a municipality,
68	or the Department of Transportation, has been maintained or
69	repaired continuously and uninterruptedly for 4 years by the
70	county, municipality, or the Department of Transportation,
71	jointly or severally, the road shall be deemed to be dedicated
72	to the public to the extent in width that has been actually
73	maintained for the prescribed period, whether or not the road
74	has been formally established as a public highway. The
75	dedication shall vest all right, title, easement, and
76	appurtenances in and to the road in:
77	(a) The county, if it is a county road;
78	(b) The municipality, if it is a municipal street or road;
79	or
80	(c) The state, if it is a road in the State Highway System
81	or State Park Road System,
82
83	whether or not there is a record of a conveyance, dedication, or
84	appropriation to the public use.
85	(2) In those instances where a road has been constructed
86	by a nongovernmental entity, or where the road was not
87	constructed by the entity currently maintaining or repairing it,
88	or where it cannot be determined who constructed the road, and
89	when such road has been regularly maintained or repaired for the
90	immediate past 7 years by a county, a municipality, or the
91	Department of Transportation, whether jointly or severally, such
92	road shall be deemed to be dedicated to the public to the extent
93	of the width that actually has been maintained or repaired for
94	the prescribed period, whether or not the road has been formally
95	established as a public highway. The dedication shall vest all
96	rights, title, easement, and appurtenances in and to the road
97	in:
98	(a) The county, if it is a county road;
99	(b) The municipality, if it is a municipal street or road;
100	or
101	(c) The state, if it is a road in the State Highway System
102	or State Park Road System, whether or not there is a record of
103	conveyance, dedication, or appropriation to the public use.
104	(3)The filing of a map in the office of the clerk of the
105	circuit court of the county where the road is located showing
106	the lands and reciting on it that the road has vested in the
107	state, a county, or a municipality in accordance with subsection
108	(1) or subsection (2)or by any other means of acquisition, duly
109	certified by:
110	(a) The secretary of the Department of Transportation, or
111	the secretary's designee, if the road is a road in the State
112	Highway System or State Park Road System;
113	(b) The chair and clerk of the board of county
114	commissioners of the county, if the road is a county road; or
115	(c) The mayor and clerk of the municipality, if the road
116	is a municipal road or street,
117
118	shall be prima facie evidence of ownership of the land by the
119	state, county, or municipality, as the case may be.
120	(4) Any person, firm, corporation, or entity having or
121	claiming any interest in and to any of the property affected by
122	subsection (2) shall have and is hereby allowed a period of 1
123	year after the effective date of this subsection, or a period of
124	7 years after the initial date of regular maintenance or repair
125	of the road, whichever period is greater, to file a claim in
126	equity or with a court of law against the particular governing
127	authority assuming jurisdiction over such property to cause a
128	cessation of the maintenance and occupation of the property.
129	Such timely filed and adjudicated claim shall prevent the
130	dedication of the road to the public pursuant to subsection (2).
131	Section 2. Subsection (1) of section 255.20, Florida
132	Statutes, is amended to read:
133	255.20 Local bids and contracts for public construction
134	works; specification of state-produced lumber.--
135	(1) A county, municipality, special district as defined in
136	chapter 189, or other political subdivision of the state seeking
137	to construct or improve a public building, structure, or other
138	public construction works must competitively award to an
139	appropriately licensed contractor each project that is estimated
140	in accordance with generally accepted cost-accounting principles
141	to have total construction project costs of more than $200,000.
142	For electrical work, local government must competitively award
143	to an appropriately licensed contractor each project that is
144	estimated in accordance with generally accepted cost-accounting
145	principles to have a cost of more than $50,000. As used in this
146	section, the term "competitively award" means to award contracts
147	based on the submission of sealed bids, proposals submitted in
148	response to a request for proposal, proposals submitted in
149	response to a request for qualifications, or proposals submitted
150	for competitive negotiation. This subsection expressly allows
151	contracts for construction management services, design/build
152	contracts, continuation contracts based on unit prices, and any
153	other contract arrangement with a private sector contractor
154	permitted by any applicable municipal or county ordinance, by
155	district resolution, or by state law. For purposes of this
156	section, construction costs include the cost of all labor,
157	except inmate labor, and include the cost of equipment and
158	materials to be used in the construction of the project. Subject
159	to the provisions of subsection (3), the county, municipality,
160	special district, or other political subdivision may establish,
161	by municipal or county ordinance or special district resolution,
162	procedures for conducting the bidding process.
163	(a) Notwithstanding any other law to the contrary, a
164	county, municipality, special district as defined in chapter
165	189, or other political subdivision of the state seeking to
166	construct or improve bridges, roads, streets, highways, or
167	railroads, and services incidental thereto, in excess of
168	$250,000, may require that persons interested in performing work
169	under contract first be certified or qualified to perform such
170	work. Any contractor may be considered ineligible to bid by the
171	governmental entity if the contractor is behind an approved
172	progress schedule for the governmental entity by 10 percent or
173	more at the time of advertisement of the work. Any contractor
174	prequalified and considered eligible by the Department of
175	Transportation to bid to perform the type of work described
176	under the contract shall be presumed to be qualified to perform
177	the work so described. The governmental entity may provide an
178	appeal process to overcome that presumption with de novo review
179	based on the record below to the circuit court.
180	(b) With respect to contractors not prequalified with the
181	Department of Transportation, the governmental entity shall
182	publish prequalification criteria and procedures prior to
183	advertisement or notice of solicitation. Such publications shall
184	include notice of a public hearing for comment on such criteria
185	and procedures prior to adoption. The procedures shall provide
186	for an appeal process within the authority for objections to the
187	prequalification process with de novo review based on the record
188	below to the circuit court within 30 days.
189	(c)(a)The provisions of this subsection do not apply:
190	1. When the project is undertaken to replace, reconstruct,
191	or repair an existing facility damaged or destroyed by a sudden
192	unexpected turn of events, such as an act of God, riot, fire,
193	flood, accident, or other urgent circumstances, and such damage
194	or destruction creates:
195	a. An immediate danger to the public health or safety;
196	b. Other loss to public or private property which requires
197	emergency government action; or
198	c. An interruption of an essential governmental service.
199	2. When, after notice by publication in accordance with
200	the applicable ordinance or resolution, the governmental entity
201	does not receive any responsive bids or responses.
202	3. To construction, remodeling, repair, or improvement to
203	a public electric or gas utility system when such work on the
204	public utility system is performed by personnel of the system.
205	4. To construction, remodeling, repair, or improvement by
206	a utility commission whose major contracts are to construct and
207	operate a public electric utility system.
208	5. When the project is undertaken as repair or maintenance
209	of an existing public facility.
210	6. When the project is undertaken exclusively as part of a
211	public educational program.
212	7. When the funding source of the project will be
213	diminished or lost because the time required to competitively
214	award the project after the funds become available exceeds the
215	time within which the funding source must be spent.
216	8. When the local government has competitively awarded a
217	project to a private sector contractor and the contractor has
218	abandoned the project before completion or the local government
219	has terminated the contract.
220	9. When the governing board of the local government, after
221	public notice, conducts a public meeting under s. 286.011 and
222	finds by a majority vote of the governing board that it is in
223	the public's best interest to perform the project using its own
224	services, employees, and equipment. The public notice must be
225	published at least 14 days prior to the date of the public
226	meeting at which the governing board takes final action to apply
227	this subparagraph. The notice must identify the project, the
228	estimated cost of the project, and specify that the purpose for
229	the public meeting is to consider whether it is in the public's
230	best interest to perform the project using the local
231	government's own services, employees, and equipment. In deciding
232	whether it is in the public's best interest for local government
233	to perform a project using its own services, employees, and
234	equipment, the governing board may consider the cost of the
235	project, whether the project requires an increase in the number
236	of government employees, an increase in capital expenditures for
237	public facilities, equipment or other capital assets, the impact
238	on local economic development, the impact on small and minority
239	business owners, the impact on state and local tax revenues,
240	whether the private sector contractors provide health insurance
241	and other benefits equivalent to those provided by the local
242	government, and any other factor relevant to what is in the
243	public's best interest.
244	10. When the governing board of the local government
245	determines upon consideration of specific substantive criteria
246	and administrative procedures that it is in the best interest of
247	the local government to award the project to an appropriately
248	licensed private sector contractor according to procedures
249	established by and expressly set forth in a charter, ordinance,
250	or resolution of the local government adopted prior to July 1,
251	1994. The criteria and procedures must be set out in the
252	charter, ordinance, or resolution and must be applied uniformly
253	by the local government to avoid award of any project in an
254	arbitrary or capricious manner. This exception shall apply when
255	all of the following occur:
256	a. When the governing board of the local government, after
257	public notice, conducts a public meeting under s. 286.011 and
258	finds by a two-thirds vote of the governing board that it is in
259	the public's best interest to award the project according to the
260	criteria and procedures established by charter, ordinance, or
261	resolution. The public notice must be published at least 14 days
262	prior to the date of the public meeting at which the governing
263	board takes final action to apply this subparagraph. The notice
264	must identify the project, the estimated cost of the project,
265	and specify that the purpose for the public meeting is to
266	consider whether it is in the public's best interest to award
267	the project using the criteria and procedures permitted by the
268	preexisting ordinance.
269	b. In the event the project is to be awarded by any method
270	other than a competitive selection process, the governing board
271	must find evidence that:
272	(I) There is one appropriately licensed contractor who is
273	uniquely qualified to undertake the project because that
274	contractor is currently under contract to perform work that is
275	affiliated with the project; or
276	(II) The time to competitively award the project will
277	jeopardize the funding for the project, or will materially
278	increase the cost of the project or will create an undue
279	hardship on the public health, safety, or welfare.
280	c. In the event the project is to be awarded by any method
281	other than a competitive selection process, the published notice
282	must clearly specify the ordinance or resolution by which the
283	private sector contractor will be selected and the criteria to
284	be considered.
285	d. In the event the project is to be awarded by a method
286	other than a competitive selection process, the architect or
287	engineer of record has provided a written recommendation that
288	the project be awarded to the private sector contractor without
289	competitive selection; and the consideration by, and the
290	justification of, the government body are documented, in
291	writing, in the project file and are presented to the governing
292	board prior to the approval required in this paragraph.
293	11. To projects subject to chapter 336.
294	(d)(b)1. If the project is to be awarded based on price,
295	the contract must be awarded to the lowest qualified and
296	responsive bidder in accordance with the applicable county or
297	municipal ordinance or district resolution and in accordance
298	with the applicable contract documents. The county,
299	municipality, or special district may reserve the right to
300	reject all bids and to rebid the project or elect not to proceed
301	with the project. This subsection is not intended to restrict
302	the rights of any local government to reject the low bid of a
303	nonqualified or nonresponsive bidder and to award the contract
304	to any other qualified and responsive bidder in accordance with
305	the standards and procedures of any applicable county or
306	municipal ordinance or any resolution of a special district.
307	2. If the project uses a request for proposal or a request
308	for qualifications, the request must be publicly advertised and
309	the contract must be awarded in accordance with the applicable
310	local ordinances.
311	3. If the project is subject to competitive negotiations,
312	the contract must be awarded in accordance with s. 287.055.
313	(e)(c)If a construction project greater than $200,000, or
314	$50,000 for electrical work, is started after October 1, 1999,
315	and is to be performed by a local government using its own
316	employees in a county or municipality that issues registered
317	contractor licenses and the project would require a licensed
318	contractor under chapter 489 if performed by a private sector
319	contractor, the local government must use a person appropriately
320	registered or certified under chapter 489 to supervise the work.
321	(f)(d)If a construction project greater than $200,000, or
322	$50,000 for electrical work, is started after October 1, 1999,
323	and is to be performed by a local government using its own
324	employees in a county that does not issue registered contractor
325	licenses and the project would require a licensed contractor
326	under chapter 489 if performed by a private sector contractor,
327	the local government must use a person appropriately registered
328	or certified under chapter 489 or a person appropriately
329	licensed under chapter 471 to supervise the work.
330	(g)(e)Projects performed by a local government using its
331	own services and employees must be inspected in the same manner
332	as inspections required for work performed by private sector
333	contractors.
334	(h)(f)A construction project provided for in this
335	subsection may not be divided into more than one project for the
336	purpose of evading this subsection.
337	(i)(g)This subsection does not preempt the requirements
338	of any small-business or disadvantaged-business enterprise
339	program or any local-preference ordinance.
340	Section 3. Effective October 1, 2003, section 330.27,
341	Florida Statutes, is amended to read:
342	330.27 Definitions, when used in ss. 330.29-330.36,
343	330.38, 330.39.--
344	(1) "Aircraft" means a powered or unpowered machine or
345	device capable of atmospheric flightany motor vehicle or
346	contrivance now known, or hereafter invented, which is used or
347	designed for navigation of or flight in the air, except a
348	parachute or other such devicecontrivance designed for such
349	navigation butused primarily as safety equipment.
350	(2) "Airport" means anany area of land or water, or any
351	manmade object or facility located thereon, which is used for,
352	or intended to be used for,use, for thelanding and takeoff of
353	aircraft, includingand any appurtenant areas,which are used,
354	or intended for use, for airport buildings,or other airport
355	facilities, or rights-of-way necessary to facilitate such use or
356	intended use, together with all airport buildings and facilities
357	located thereon.
358	(3) "Airport hazard" means any structure, object of
359	natural growth, or use of land which obstructs the airspace
360	required for the flight of aircraft in landing or taking off at
361	an airport or which is otherwise hazardous to such landing or
362	taking off.
363	(4) "Aviation" means the science and art of flight and
364	includes, but is not limited to, transportation by aircraft; the
365	operation, construction, repair, or maintenance of aircraft,
366	aircraft power plants, and accessories, including the repair,
367	packing, and maintenance of parachutes; the design,
368	establishment, construction, extension, operation, improvement,
369	repair, or maintenance of airports or other air navigation
370	facilities; and instruction in flying or ground subjects
371	pertaining thereto.
372	(3)(5)"Department" means the Department of
373	Transportation.
374	(4)(6) "Limited airport" means anyan airport, publicly or
375	privately owned,limited exclusively to the specific conditions
376	stated on the site approval order or license.
377	(7) "Operation of aircraft" or "operate aircraft" means
378	the use, navigation, or piloting of aircraft in the airspace
379	over this state or upon any airport within this state.
380	(8) "Political subdivision" means any county,
381	municipality, district, port or aviation commission or
382	authority, or similar entity authorized to establish or operate
383	an airport in this state.
384	(5)(9)"Private airport" means an airport, publicly or
385	privately owned, which is not open or available for use by the
386	public,used primarily by the licensee but may be madewhich is
387	available to othersfor use by invitation of the owner or
388	manager licensee. Services may be provided if authorized by the
389	department.
390	(6)(10)"Public airport" means an airport, publicly or
391	privately owned, which meets minimum safety and service
392	standards andis open for use by the public.
393	(7)(11) "Temporary airport" means anyan airport, publicly
394	or privately owned, that will be used for a period of less than
395	3090days with no more than 10 operations per day.
396	(8)(12) "Ultralight aircraft" means any heavier-than-air,
397	motorized aircraft meetingwhich meets the criteria for maximum
398	weight, fuel capacity, and airspeed established for such
399	aircraft by the Federal Aviation Administration underPart 103
400	of the Federal Aviation Regulations.
401	Section 4. Effective October 1, 2003, section 330.29,
402	Florida Statutes, is amended to read:
403	330.29 Administration and enforcement; rules; requirements
404	standardsfor airport sites and airports.--It is the duty of the
405	department to:
406	(1) Administer and enforce the provisions of this chapter.
407	(2) Establish requirements for airport site approval,
408	licensure, and registrationminimum standards for airport sites
409	and airports under its licensing jurisdiction.
410	(3) Establish and maintain a state aviation facility data
411	system to facilitate licensing and registration of all airports.
412	(4)(3)Adopt rules pursuant to ss. 120.536(1) and 120.54
413	to implement the provisions of this chapter.
414	Section 5. Effective October 1, 2003, section 330.30,
415	Florida Statutes, is amended to read:
416	330.30 Approval of airport sites; registration and
417	licensurelicensing of airports; fees.--
418	(1) SITE APPROVALS; REQUIREMENTS, FEES,EFFECTIVE PERIOD,
419	REVOCATION.--
420	(a) Except as provided in subsection (3), the owner or
421	lessee of any proposed airport shall, prior to sitethe
422	acquisition of the site or prior to theconstruction or
423	establishment of the proposed airport, obtain approval of the
424	airport site from the department. Applications for approval of a
425	site and for an original license shall be jointly made inona
426	form and manner prescribed by the department and shall be
427	accompanied by a site approval fee of $100. The department,
428	after inspection of the airport site,shall grant the site
429	approval if it is satisfied:
430	1. That the site hasis adequate area allocated for the
431	airport as proposed.airport;
432	2. That the proposed airport, if constructed or
433	established, will conform to licensing or registration
434	requirementsminimum standards of safety and will comply with
435	the applicable local government land development regulations or
436	county or municipal zoning requirements.;
437	3. That all affectednearby airports, local governments
438	municipalities, and property owners have been notified and any
439	comments submitted by them have been given adequate
440	consideration.; and
441	4. That safe air-traffic patterns can be established
442	worked out for the proposed airport withand forall existing
443	airports and approved airport sites in its vicinity.
444	(b) Site approval shall be granted for public airports
445	only after a favorable department inspection of the proposed
446	site.
447	(c) Site approval shall be granted for private airports
448	only after receipt of documentation in a form and manner the
449	department deems necessary to satisfy the conditions in
450	paragraph (a).
451	(d)(b)Site approval may be granted subject to any
452	reasonable conditions which the department deemsmay deem
453	necessary to protect the public health, safety, or welfare.
454	(e)Such Approval shall remain validin effect for a
455	period of 2 years after the date of issueissuance of the site
456	approval order, unless sooner revoked by the department or
457	unless, prior to the expiration of the 2-year period, a public
458	airport license is issued or private airport registration
459	completedfor an airport located on the approved site has been
460	issued pursuant to subsection (2) prior to the expiration date.
461	(f) The department may extend a site approval may be
462	extended for subsequent periods of 2 years per extension fora
463	maximum of 2 years upon good cause shown by the owner or lessee
464	of the airport site.
465	(g)(c) The department may revoke a sitesuchapproval if
466	it determines:
467	1. That there has been an abandonment of the site has been
468	abandonedas an airport site;
469	2. That there has been a failure within a reasonable time
470	to develop the site has not been developed as an airport within
471	a reasonable time period or development does nottocomply with
472	the conditions of the siteapproval;
473	3. That, except as required for in-flight emergencies,the
474	operation of aircraft have operatedof a nonemergency nature has
475	occurredon the site; or
476	4. That, because of changed physical or legal conditions
477	or circumstances, the site is no longer usable for theaviation
478	purposes due to physical or legal changes in conditions that
479	were the subject of thefor which the approval wasgranted.
480	(2) LICENSES AND REGISTRATIONS; REQUIREMENTS, FEES,
481	RENEWAL, REVOCATION.--
482	(a) Except as provided in subsection (3), the owner or
483	lessee of anyan airport in this state shall have either a
484	public airportmust obtain a license or private airport
485	registration prior to the operation of aircraft to or from the
486	facilityon the airport. An Application for asuch license or
487	registration shall be made inon a form and mannerprescribed by
488	the department and shall be accomplished jointly with an
489	application for site approval. Upon granting site approval:,
490	making a favorable final airport inspection report indicating
491	compliance with all license requirements, and receiving the
492	appropriate license fee, the department shall issue a license to
493	the applicant, subject to any reasonable conditions that the
494	department may deem necessary to protect the public health,
495	safety, or welfare.
496	1. For a public airport, the department shall issue a
497	license after a final airport inspection finds the facility to
498	be in compliance with all requirements for the license. The
499	license may be subject to any reasonable conditions that the
500	department may deem necessary to protect the public health,
501	safety, or welfare.
502	2. For a private airport, the department shall provide
503	controlled electronic access to the state aviation facility data
504	system to permit the applicant to complete the registration
505	process. Registration shall be completed upon self-certification
506	by the registrant of operational and configuration data deemed
507	necessary by the department.
508	(b) The department mayis authorized to license a public
509	an airport that does not meet all of the minimumstandards only
510	if it determines that such exception is justified by unusual
511	circumstances or is in the interest of public convenience and
512	does not endanger the public health, safety, or welfare. Such a
513	license shall bear the designation "special" and shall state the
514	conditions subject to which the license is granted.
515	(c) The department may license a public airport or a
516	private airport may registerauthorize a siteas a temporary
517	airport providedif it finds, after inspection of the site,that
518	the airport will not endanger the public health, safety, or
519	welfare and the airport meets the temporary airport requirements
520	established by the department. A temporary airport license or
521	registration shall be valid for lessSuch authorization shall
522	expire not later than 3090 days after issuanceand is not
523	renewable.
524	(d) The license fees for the four categories of airport
525	licenses are:
526	1. Public airport: $100.
527	2. Private airport: $70.
528	3. Limited airport: $50.
529	4. Temporary airport: $25.
530
531	Airports owned or operated by the state, a county, or a
532	municipality and emergency helistops operated by licensed
533	hospitals are required to be licensed but are exempt from the
534	payment of site approval fees and annual license fees.
535	(d)(e)1. Each public airport license shallwillexpire no
536	later than 1 year after the effective date of the license,
537	except that the expiration date of a license may be adjusted to
538	provide a maximum license period of 18 months to facilitate
539	airport inspections, recognize seasonal airport operations, or
540	improve administrative efficiency. If the expiration date for a
541	public airport is adjusted, the appropriate license fee shall be
542	determined by prorating the annual fee based on the length of
543	the adjusted license period.
544	2. RegistrationThe license period for privateall
545	airports shall remain valid provided specific elements of
546	airport data, established by the department, are periodically
547	recertified by the airport registrant. The ability to recertify
548	private airport registration data shall be available at all
549	times by electronic submittal. A private airport registration
550	that has not been recertified in the 24-month period following
551	the last certification shall expire, unless the registration
552	period has been adjusted by the department for purposes of
553	informing private airport owners of their registration
554	responsibilities or promoting administrative efficiency. The
555	expiration date of the current registration period will be
556	clearly identifiable from the state aviation facility data
557	systemother than public airports will be set by the department,
558	but shall not exceed a period of 5 years. In determining the
559	license period for such airports, the department shall consider
560	the number of based aircraft, the airport location relative to
561	adjacent land uses and other airports, and any other factors
562	deemed by the department to be critical to airport operation and
563	safety.
564	3. The effective date and expiration date shall be shown
565	on public airport licensesstated on the face of the license.
566	Upon receiving an application for renewal of an airporta
567	license inon a form and manner prescribed by the department and
568	receiving, makinga favorable inspection report indicating
569	compliance with all applicable requirements and conditions, and
570	receiving the appropriate annual license fee, the department
571	shall renew the license, subject to any conditions deemed
572	necessary to protect the public health, safety, or welfare.
573	4. The department may require a new site approval for any
574	an airport if the license or registrationof the airport has
575	expirednot been renewed by the expiration date.
576	5. If the renewal application for a public airport license
577	hasand fees have not been received by the department or no
578	private airport registration recertification has been
579	accomplished within 15 days after the date of expiration of the
580	license, the department may revokeclose the airport license or
581	registration.
582	(e)(f) The department may revoke, or refuse to allow or
583	issue, any airport registration or recertification, or any
584	license or license renewal thereof, or refuse to issue a
585	renewal, if it determines:
586	1. That the sitethere has been abandoned as an
587	abandonment of the airport as such;
588	2. That the airport does notthere has been a failure to
589	comply with the conditions of the license, licenseor renewal,
590	or site approvalthereof; or
591	3. That, because of changed physical or legal conditions
592	or circumstances,the airport has become either unsafe or
593	unusable for flight operation due to physical or legal changes
594	in conditions that were the subject of approvalthe aeronautical
595	purposes for which the license or renewal was issued.
596	(3) EXEMPTIONS.--The provisions of this section do not
597	apply to:
598	(a) An airport owned or operated by the United States.
599	(b) An ultralight aircraft landing area; except that any
600	public ultralight airport located more thanwithin5 nautical
601	miles from aof another public airport or military airport,
602	exceptorany ultralight landing area with more than 10
603	ultralight aircraft operating atfrom the site is subject to the
604	provisions of this section.
605	(c) A helistop used solely in conjunction with a
606	construction project undertaken pursuant to the performance of a
607	state contract if the purpose of the helicopter operations at
608	the site is to expedite construction.
609	(d) An airport under the jurisdiction or control of a
610	county or municipal aviation authority or a county or municipal
611	port authority or the Florida Space Authority; however, the
612	department shall license any such airport if such authority does
613	not elect to exercise its exemption under this subsection.
614	(d)(e)A helistop used by mosquito control or emergency
615	services, not to include areas where permanent facilities are
616	installed, such as hospital landing sites.
617	(e)(f)An airport which meets the criteria of s.
618	330.27(7)(11)used exclusively for aerial application or
619	spraying of crops on a seasonal basis, not to include any
620	licensed airport where permanent crop aerial application or
621	spraying facilities are installed, if the period of operation
622	does not exceed 30 days per calendar year. Such proposed
623	airports, which will be located within 3 miles of existing
624	airports or approved airport sites, shall establishwork out
625	safe air-traffic patterns with such existing airports or
626	approved airport sites, by memorandums of understanding, or by
627	letters of agreement between the parties representing the
628	airports or sites.
629	(f) Navigable waterways used for the takeoff and landing
630	of aircraft, including any land, building, structure, or any
631	other contrivance that facilitates private use or intended
632	private use.
633	(4) EXCEPTIONS.--Private airports with 10 or more based
634	aircraft may request to be inspected and licensed by the
635	department. Private airports licensed according to this
636	subsection shall be considered private airports as defined in s.
637	330.27(5) in all other respects.
638	Section 6. Effective October 1, 2003, subsections (2) and
639	(3) of section 330.35, Florida Statutes, are amended to read:
640	330.35 Airport zoning, approach zoneprotection.--
641	(2) Airports licensed for generalpublic use under the
642	provisions of s. 330.30 are eligible for airport zoningapproach
643	zone protection, and the procedure shall be the same as is
644	prescribed in chapter 333.
645	(3) The department is granted all powers conferred upon
646	political subdivisions of this state by chapter 333 to regulate
647	airport hazards at state-owned publicairports. The procedure
648	shall be to form a joint zoning board with the political
649	subdivision of the state in which the state-owned publicairport
650	is located as prescribed in chapter 333.
651	Section 7. Subsection (8) of section 332.007, Florida
652	Statutes, is amended to read:
653	332.007 Administration and financing of aviation and
654	airport programs and projects; state plan.--
655	(8) Notwithstanding any other provision of law to the
656	contrary, the department is authorized to provide operational
657	and maintenance assistance to publicly owned public-use
658	airports. Such assistance shall be to comply with enhanced
659	federal security requirements or to address related economic
660	impacts from the events of September 11, 2001. For projects in
661	the current adopted work program, or projects added using the
662	available budget of the department, airports may request the
663	department change the project purpose in accordance with this
664	provision notwithstanding the provisions of s. 339.135(7). For
665	purposes of this subsection, the department may fund up to 100
666	percent of eligible project costs that are not funded by the
667	Federal Government. Prior to releasing any funds under this
668	section, the department shall review and approve the expenditure
669	plans submitted by the airport. The department shall inform the
670	Legislature of any change that it approves under this
671	subsection. This subsection shall expire on June 30, 20072004.
672	Section 8. Subsection (4) is added to section 335.02,
673	Florida Statutes, to read:
674	335.02 Authority to designate transportation facilities
675	and rights-of-way and establish lanes; procedure for
676	redesignation and relocation.--
677	(4) Notwithstanding any general law or special act,
678	regulations of any county, municipality, or special district,
679	including any instrumentality thereof, shall not apply to
680	existing or future transportation facilities, or appurtenances
681	thereto, on the State Highway System.
682	Section 9. Section 336.467, Florida Statutes, is amended
683	to read:
684	336.467 County-state right-of-way acquisition
685	agreements.--A county or other governmental entitymay enter
686	into an agreement with the department to provide for the
687	department to acquire rights-of-way for the county or other
688	governmental entity, provided the highway project is to be
689	funded by the 80-percent portion of the constitutional gas tax
690	allocated to that county and requires the acquisition of at
691	least 10 parcels of land, the total cost of which will equal or
692	exceed $100,000.
693	Section 10. Subsections (1), (4), and (7) of section
694	337.14, Florida Statutes, are amended to read:
695	337.14 Application for qualification; certificate of
696	qualification; restrictions; request for hearing.--
697	(1) Any person desiring to bid for the performance of any
698	construction contract in excess of $250,000 which the department
699	proposes to let must first be certified by the department as
700	qualified pursuant to this section and rules of the department.
701	The rules of the department shall address the qualification of
702	persons to bid on construction contracts in excess of $250,000
703	and shall include requirements with respect to the equipment,
704	past record, experience, financial resources, and organizational
705	personnel of the applicant necessary to perform the specific
706	class of work for which the person seeks certification. The
707	department is authorized to limit the dollar amount of any
708	contract upon which a person is qualified to bid or the
709	aggregate total dollar volume of contracts such person is
710	allowed to have under contract at any one time. Each applicant
711	seeking qualification to bid on construction contracts in excess
712	of $250,000 shall furnish the department a statement under oath,
713	on such forms as the department may prescribe, setting forth
714	detailed information as required on the application. Each
715	application for certification shall be accompanied by the latest
716	annual financial statement of the applicant completed within the
717	last 12 months. If the annual financial statement shows the
718	financial condition of the applicant more than 4 months prior to
719	the date on which the application is received by the department,
720	then an interim financial statement must also be submitted. The
721	interim financial statement must cover the period from the end
722	date of the annual statement and must show the financial
723	condition of the applicant no more than 4 months prior to the
724	date on which the application is received by the department.
725	Each required annual or interim financial statement must be
726	audited and accompanied by the opinion of a certified public
727	accountant or a public accountant approved by the department.
728	The information required by this subsection is confidential and
729	exempt from the provisions of s. 119.07(1). The department shall
730	act upon the application for qualification within 30 days after
731	the department determines that the application is completeit is
732	presented.
733	(4) If the applicant is found to possess the prescribed
734	qualifications, the department shall issue to him or her a
735	certificate of qualification that, unless thereafter revoked by
736	the department for good cause, will be valid for a period of 18
737	months after the date of the applicant's financial statement or
738	such shorter period as the department prescribes. Submission of
739	an application shall not affect expiration of the certificate of
740	qualification.If the department finds that an application is
741	incomplete or contains inadequate information or information
742	that cannot be verified, the department may request in writing
743	that the applicant provide the necessary information to complete
744	the application or provide the source from which any information
745	in the application may be verified. If the applicant fails to
746	comply with the initial written request within a reasonable
747	period of time as specified therein, the department shall
748	request the information a second time. If the applicant fails to
749	comply with the second request within a reasonable period of
750	time as specified therein, the application shall be denied.
751	(7) No "contractor" as defined in s. 337.165(1)(d) or his
752	or her "affiliate" as defined in s. 337.165(1)(a) qualified with
753	the department under this section may also qualify under s.
754	287.055 or s. 337.105 to provide testing services or
755	construction, engineering, and inspection services to the
756	department. This limitation shall not apply to any design-build
757	prequalification under s. 337.11(7).
758	Section 11. Subsection (4) of section 337.18, Florida
759	Statutes, is amended to read:
760	337.18 Surety bonds; requirement with respect to contract
761	award; defaults; damage assessments.--
762	(4)(a) If the department determines and adequately
763	documents that the timely completion of any project will provide
764	a substantial benefit to the public health, safety, or welfare;
765	will limit the disruptive effect of construction on the
766	community; or is cost beneficial on a revenue-producing project,
767	the contract for such project may provide for an incentive
768	payment payable to the contractor for early completion of the
769	project or critical phases of the work and for additional
770	damages to be assessed against the contractor for the completion
771	of the project or critical phases of the work in excess of the
772	time specified. All contracts containing such provisions shall
773	be approved by the head of the department or his or her
774	designee. The amount of such incentive payment or such
775	additional damages shall be established in the contract based on
776	an analysis of the cost savings to the traveling public or
777	revenue projections for a revenue producing projectbut shall
778	not exceed $10,000 per calendar day, except that for revenue
779	producing projects the amounts and periods of the incentive may
780	be greater if an analysis indicates that additional revenues
781	projected to be received upon completion of the project will
782	exceed the cost of the incentive payments. Any liquidated
783	damages provided for under subsection (2) and any additional
784	damages provided for under this subsection shall be payable to
785	the department because of the contractor's failure to complete
786	the contract work within the time stipulated in the contract or
787	within such additional time as may have been granted by the
788	department.
789	(b) The department shall adopt rules to implement this
790	subsection. Such rules shall include procedures and criteria for
791	the selection of projects on which incentive payments and
792	additional damages may be provided for by contract.
793	Section 12. Subsection (1) of section 337.401, Florida
794	Statutes, is amended to read:
795	337.401 Use of right-of-way for utilities subject to
796	regulation; permit; fees.--
797	(1) The department and local governmental entities,
798	referred to in ss. 337.401-337.404 as the "authority," that have
799	jurisdiction and control of public roads or publicly owned rail
800	corridors are authorized to prescribe and enforce reasonable
801	rules or regulations with reference to the placing and
802	maintaining along, across, or on any road or publicly owned rail
803	corridors under their respective jurisdictions any electric
804	transmission, telephone, telegraph, or other communications
805	services lines; pole lines; poles; railways; ditches; sewers;
806	water, heat, or gas mains; pipelines; fences; gasoline tanks and
807	pumps; or other structures hereinafter referred to as the
808	"utility." The department may enter into a permit-delegation
809	agreement with a governmental entity if issuance of a permit is
810	based on requirements that the department finds will ensure the
811	safety and integrity of facilities of the Department of
812	Transportation.
813	Section 13. Paragraph (b) of subsection (1) of section
814	338.2216, Florida Statutes, is amended to read:
815	338.2216 Florida Turnpike Enterprise; powers and
816	authority.--
817	(1)
818	(b) It is the express intention of this part thatThe
819	Florida Turnpike Enterprise isbeauthorized to plan, develop,
820	own, purchase, lease, or otherwise acquire, demolish, construct,
821	improve, relocate, equip, repair, maintain, operate, and manage
822	the Florida Turnpike System; to expend funds to publicize,
823	advertise, and promote the advantages of using the turnpike
824	system and its facilities; and to cooperate, coordinate,
825	partner, and contract with other entities, public and private,
826	to accomplish these purposes.
827	Section 14. Cesar Calas Way designated; department to
828	erect suitable markers.--
829	(1) That portion of 8th Street between S.W. 58th Avenue
830	and S.W. 60th Avenue in Miami-Dade County is hereby designated
831	as "Cesar Calas Way."
832	(2) The Department of Transportation is directed to erect
833	suitable markers designating Cesar Calas Way as described in
834	subsection (1).
835	Section 15. Firpo Garcia Way designated; department to
836	erect suitable markers.--
837	(1) That portion of Kendall Drive between 127th Avenue and
838	130th Avenue in unincorporated Miami-Dade County is hereby
839	designated as "Firpo Garcia Way."
840	(2) The Department of Transportation is directed to erect
841	suitable markers designating Firpo Garcia Way as described in
842	subsection (1).
843	Section 16. Private Robert M. McTureous, Jr., U.S.M.C.,
844	Medal of Honor Memorial Highway designated; department to erect
845	suitable markers.--
846	(1) That portion of State Road 19 in Lake County from
847	the north end of Lake County to the intersection of State Road
848	19 and Highway 441 in Eustis is hereby designated as "Private
849	Robert M. McTureous, Jr., U.S.M.C., Medal of Honor Memorial
850	Highway."
851	(2) The Department of Transportation is directed to
852	erect suitable markers designating the Private Robert M.
853	McTureous, Jr., U.S.M.C., Medal of Honor Memorial Highway as
854	described in subsection (1).
855	Section 17. Subsection (10) of section 339.12, Florida
856	Statutes, as created by section 83 of chapter 2002-20, Laws of
857	Florida, and amended by section 58 of chapter 2002-402, Laws of
858	Florida, is repealed.
859	Section 18. Except as otherwise provided herein, this act
860	shall take effect upon becoming a law.