Senate Bill sb0676e1

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    CS for SB 676                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         316.2952, F.S.; deleting a reference to an

  4         obsolete federal safety standard; amending ss.

  5         322.212 and 338.2216, F.S.; correcting

  6         references; amending s. 338.165, F.S.;

  7         authorizing the refinancing of certain

  8         transportation facilities; amending s.

  9         163.3177, F.S.; providing for certain airports

10         to abandon development-of-regional impact

11         orders; transportation facilities; amending ss.

12         20.23 and 110.205, F.S.; providing for the

13         reorganization of the Department of

14         Transportation; revising duties of the

15         assistant secretaries; providing for additional

16         offices; amending s. 120.52, F.S.; redefining

17         the term "agency" for the purposes of the

18         Administrative Procedure Act; amending s.

19         339.175, F.S.; providing authority for

20         metropolitan planning organizations and

21         political subdivisions to form separate legal

22         or administrative entities for the purpose of

23         coordinating regional transportation planning

24         and development goals and purposes; specifying

25         how the entity shall be created and operated;

26         exempting the entity from the Administrative

27         Procedure Act; amending s. 255.20, F.S.;

28         providing for a presumption of prequalification

29         for certain contractors; amending s. 316.1001,

30         F.S.; providing for issuing citations for toll

31         violations by first class mail; providing that


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    CS for SB 676                                  First Engrossed



 1         mailing constitutes notification of such a

 2         violation; amending s. 316.302, F.S.; revising

 3         provisions for exemption from specified

 4         notification requirements for commercial motor

 5         vehicles carrying hazardous materials;

 6         incorporating specified federal regulations;

 7         updating regulations and rules applicable to

 8         certain commercial motor vehicle owners and

 9         drivers; specifying ownership identification

10         requirements for certain commercial motor

11         carriers; providing penalties for violation of

12         such requirements; providing for compliance

13         reviews; deleting obsolete references;

14         requirements for identifying commercial

15         vehicles; authorizing the department to conduct

16         compliance reviews; amending s. 316.3025, F.S.;

17         conforming references; providing for a civil

18         penalty to be assessed for additional specified

19         violations; providing penalties for commercial

20         trucks found to be operating following an

21         out-of-service order; amending s. 316.3026,

22         F.S.; providing for the Office of Motor Carrier

23         Compliance to enforce laws governing the

24         operating authority of motor carriers;

25         repealing s. 316.3027, F.S., relating to

26         identification requirements of commercial

27         vehicles; amending s. 316.515, F.S.; revising

28         length limitations for certain commercial

29         vehicles; amending s. 316.545, F.S.; providing

30         for placement of a lien on a vehicle for

31         failure to pay an out-of-service fine; deleting


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    CS for SB 676                                  First Engrossed



 1         obsolete provisions; authorizing weight

 2         inspectors to detain a commercial vehicle under

 3         certain circumstances; repealing s. 316.610(3),

 4         F.S., relating to a commercial vehicle

 5         inspection program within the department which

 6         no longer exists; amending s. 316.640, F.S.;

 7         providing for authorization of traffic accident

 8         investigation officers; amending s. 316.650,

 9         F.S.; authorizing the transfer of toll

10         violation citations via electronic means;

11         amending s. 316.70, F.S.; authorizing the

12         department to conduct compliance reviews of

13         nonpublic sector buses; amending s. 318.14,

14         F.S.; revising the time period for paying

15         certain civil penalties; amending s. 330.27,

16         F.S.; revising definitions; amending s. 330.29,

17         F.S.; revising duties of the Department of

18         Transportation with respect to the regulation

19         of airport sites and airports; requiring the

20         department to establish requirements for

21         airport site approval, licensure, and

22         registration; requiring the department to

23         establish and maintain a state aviation

24         facility data system; amending s. 330.30, F.S.;

25         revising provisions for airport site approval;

26         revising provisions for airport licensing;

27         providing for a private airport registration

28         process; specifying requirements for such

29         licensing and registration; deleting airport

30         license fees; providing for expiration and

31         revocation of such license or registration;


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    CS for SB 676                                  First Engrossed



 1         revising provisions for exemption from such

 2         registration and licensing requirements;

 3         exempting described areas and facilities from

 4         such requirements; providing described private

 5         airports the option to be inspected and

 6         licensed by the department; amending s. 330.35,

 7         F.S.; revising provisions for airport zoning

 8         protection for public-use airports; amending s.

 9         330.36, F.S.; providing for zoning requirements

10         governing the landing of seaplanes; amending s.

11         288.075, F.S.; conforming provisions to changes

12         made by the act; amending s. 331.303, F.S.;

13         revising a definition; amending s. 331.308,

14         F.S.; revising provisions relating to the board

15         of supervisors for the Florida Space Authority;

16         amending s. 331.367, F.S.; conforming

17         provisions to changes made by the act; amending

18         s. 331.368, F.S.; revising the membership of

19         the board of directors for the Florida Space

20         Research Institute; clarifying the authority of

21         the Florida Space Research Institute; providing

22         for the submission of an annual report to the

23         Commissioner of Education; amending s. 331.401,

24         F.S.; conforming provisions to changes made by

25         the act; amending s. 331.403, F.S.; revising

26         legislative findings and intent; amending s.

27         331.405, F.S.; defining the term "aerospace";

28         amending s. 331.407, F.S.; redesignating the

29         Florida Commercial Space Finance Corporation as

30         the Florida Aerospace Finance Corporation;

31         conforming provisions to changes made by the


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    CS for SB 676                                  First Engrossed



 1         act; providing that the Florida Aerospace

 2         Finance Corporation is not an agency for

 3         certain purposes; amending ss. 331.409 and

 4         331.411, F.S.; conforming provisions to changes

 5         made by the act; amending s. 334.03, F.S.;

 6         defining "511 services" and "interactive voice

 7         response"; amending s. 334.044, F.S.; expanding

 8         the powers and duties of the department to

 9         include oversight of traveler information

10         systems; amending s. 334.14, F.S.; revising the

11         qualifications required for engineers employed

12         by the department; creating s. 334.60, F.S.;

13         requiring the department to be the lead agency

14         in establishing and coordinating a 511 traveler

15         information phone system; amending s. 336.467,

16         F.S.; authorizing the department to acquire

17         rights-of-way for other governmental entities;

18         amending s. 337.14, F.S.; clarifying the

19         contractor prequalification process;

20         prohibiting a construction contractor from

21         providing testing services; amending s. 337.18,

22         F.S.; clarifying that surety bonds issued in

23         favor of the department for construction and

24         maintenance projects over a specified amount

25         are governed by chapter 337, F.S.; removing

26         certain limitations on contractor incentive

27         payments; amending s. 338.165, F.S.;

28         authorizing the Division of Bond Finance to

29         issue bonds at the department's request for

30         certain facilities; amending s. 338.235, F.S.;

31         authorizing the turnpike authority to secure


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    CS for SB 676                                  First Engrossed



 1         products, business opportunities, and services

 2         by competitive solicitation; creating s.

 3         339.61, F.S.; creating the Florida Strategic

 4         Intermodal System; providing legislative

 5         findings; creating s. 339.62, F.S.; providing

 6         the components of the Strategic Intermodal

 7         System; creating s. 339.63, F.S.; designating

 8         system facilities; creating s. 339.64, F.S.;

 9         providing for a needs assessment; providing for

10         the Strategic Intermodal System plan;

11         designating Mamie Langdale Memorial Bridge in

12         Glades County; designating George Crady Bridge

13         in Nassau and Duval Counties; designating

14         Rodolfo Garcia Memorial Avenue; directing the

15         Department of Transportation to erect suitable

16         markers; defining statewide transportation

17         corridors; amending s. 95.361, F.S.; providing

18         for government acquisition of certain roads;

19         providing procedures to contest such

20         acquisition; repealing s. 339.12(10) as created

21         by s. 83 of ch. 2002-20, Laws of Florida, and

22         amended by s. 58 of ch. 2002-402, Laws of

23         Florida, relating to grants for local

24         governments; designating an official state

25         aviation museum; amending s. 337.401, F.S.;

26         allowing the department under certain

27         circumstances to enter into permit-delegation

28         agreements with other governmental entities for

29         issuance of permits to use certain

30         rights-of-way; amending s. 334.071, F.S.;

31         requiring local government approval of any


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    CS for SB 676                                  First Engrossed



 1         proposed road or bridge honorary designation;

 2         amending s. 335.02, F.S.; providing that local

 3         government regulations shall not apply to

 4         transportation facilities on the State Highway

 5         System; amending s. 332.007, F.S.; extending

 6         the time period of the department's

 7         authorization to fund certain security-related

 8         airport projects; providing an effective date.

 9  

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

11  

12         Section 1.  Subsection (2) of section 316.2952, Florida

13  Statutes, is amended to read:

14         316.2952  Windshields; requirements; restrictions.--

15         (2)  A person shall not operate any motor vehicle on

16  any public highway, road, or street with any sign,

17  sunscreening material, product, or covering attached to, or

18  located in or upon, the windshield, except the following:

19         (a)  A certificate or other paper required to be

20  displayed by law.

21         (b)  Sunscreening material along a strip at the top of

22  the windshield, so long as such material is transparent and

23  does not encroach upon the driver's direct forward viewing

24  area as more particularly described and defined in Federal

25  Motor Vehicle Safety Standards No. Nos. 205 and 128 as the

26  AS/1 portion of the windshield.

27         (c)  A device, issued by a governmental entity as

28  defined in s. 334.03, or its designee, for the purpose of

29  electronic toll payments.

30         Section 2.  Subsection (1) of section 322.212, Florida

31  Statutes, is amended to read:


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    CS for SB 676                                  First Engrossed



 1         322.212  Unauthorized possession of, and other unlawful

 2  acts in relation to, driver's license or identification

 3  card.--

 4         (1)  It is unlawful for any person to:

 5         (a)  Knowingly have in his or her possession or to

 6  display any blank, forged, stolen, fictitious, counterfeit, or

 7  unlawfully issued driver's license or identification card or

 8  any instrument in the similitude of a driver's license or

 9  identification card unless possession by such person has been

10  duly authorized by the department;

11         (b)  Knowingly have in his or her possession any

12  instrument in the similitude of a driver's license issued by

13  the department or its duly authorized agents or those of any

14  state or jurisdiction issuing licenses recognized in this

15  state for the operation of a motor vehicle;

16         (c)  Knowingly have in his or her possession any

17  instrument in the similitude of an identification card issued

18  by the department or its duly authorized agents or those of

19  any state or jurisdiction issuing identification cards

20  recognized in this state for the purpose of indicating a

21  person's true name and age; or

22         (d)  Knowingly sell, manufacture, or deliver, or

23  knowingly offer to sell, manufacture, or deliver, a blank,

24  forged, stolen, fictitious, counterfeit, or unlawfully issued

25  driver's license or identification card, or an instrument in

26  the similitude of a driver's license or identification card,

27  unless that person is authorized to do so by the department. A

28  violation of this section paragraph may be investigated by any

29  law enforcement agency, including the Division of Alcoholic

30  Beverages and Tobacco.

31  


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    CS for SB 676                                  First Engrossed



 1  The term "driver's license" includes a driver's license issued

 2  by the department or its agents or a driver's license issued

 3  by any state or jurisdiction that issues licenses recognized

 4  in this state for the operation of a motor vehicle. The term

 5  "identification card" includes any identification card issued

 6  by the department or its agents or any identification card

 7  issued by any state or jurisdiction that issues identification

 8  cards recognized in this state for the purpose of indicating a

 9  person's true name and age. This subsection does not prohibit

10  a person from possessing or displaying another person's

11  driver's license or identification card for a lawful purpose.

12         Section 3.  Subsection (3) of section 338.165, Florida

13  Statutes, is amended to read:

14         338.165  Continuation of tolls.--

15         (3)  Notwithstanding any other law to the contrary,

16  pursuant to s. 11, Art. VII of the State Constitution, and

17  subject to the requirements of subsection (2), the Department

18  of Transportation may request the Division of Bond Finance to

19  issue bonds secured by toll revenues collected on the

20  Alligator Alley, Sunshine Skyway Bridge, Beeline East

21  Expressway, and Pinellas Bayway to fund transportation

22  projects located within the county or counties in which the

23  facility is located and contained in the 1993-1994 Adopted

24  Work Program or in any subsequent adopted work program of the

25  department.

26         Section 4.  Paragraph (b) of subsection (1) of section

27  338.2216, Florida Statutes, is amended to read:

28         338.2216  Florida Turnpike Enterprise; powers and

29  authority.--

30         (1)

31  


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    CS for SB 676                                  First Engrossed



 1         (b)  It is the express intention of the Florida

 2  Turnpike Law this part that the Florida Turnpike Enterprise be

 3  authorized to plan, develop, own, purchase, lease, or

 4  otherwise acquire, demolish, construct, improve, relocate,

 5  equip, repair, maintain, operate, and manage the Florida

 6  Turnpike System; to expend funds to publicize, advertise, and

 7  promote the advantages of using the turnpike system and its

 8  facilities; and to cooperate, coordinate, partner, and

 9  contract with other entities, public and private, to

10  accomplish these purposes.

11         Section 5.  Section 20.23, Florida Statutes, is amended

12  to read:

13         20.23  Department of Transportation.--There is created

14  a Department of Transportation which shall be a decentralized

15  agency.

16         (1)(a)1.  The head of the Department of Transportation

17  is the Secretary of Transportation. The secretary shall be

18  appointed by the Governor from among three persons nominated

19  by the Florida Transportation Commission and shall be subject

20  to confirmation by the Senate. The secretary shall serve at

21  the pleasure of the Governor.

22         (b)2.  The secretary shall be a proven, effective

23  administrator who by a combination of education and experience

24  shall clearly possess a broad knowledge of the administrative,

25  financial, and technical aspects of the development,

26  operation, and regulation of transportation systems and

27  facilities or comparable systems and facilities.

28         (b)1.  The secretary shall employ all personnel of the

29  department.  He or she shall implement all laws, rules,

30  policies, and procedures applicable to the operation of the

31  department and may not by his or her actions disregard or act


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    CS for SB 676                                  First Engrossed



 1  in a manner contrary to any such policy.  The secretary shall

 2  represent the department in its dealings with other state

 3  agencies, local governments, special districts, and the

 4  Federal Government.  He or she shall have authority to sign

 5  and execute all documents and papers necessary to carry out

 6  his or her duties and the operations of the department. At

 7  each meeting of the Florida Transportation Commission, the

 8  secretary shall submit a report of major actions taken by him

 9  or her as official representative of the department.

10         2.  The secretary shall cause the annual department

11  budget request, the Florida Transportation Plan, and the

12  tentative work program to be prepared in accordance with all

13  applicable laws and departmental policies and shall submit the

14  budget, plan, and program to the Florida Transportation

15  Commission. The commission shall perform an in-depth

16  evaluation of the budget, plan, and program for compliance

17  with all applicable laws and departmental policies.  If the

18  commission determines that the budget, plan, or program is not

19  in compliance with all applicable laws and departmental

20  policies, it shall report its findings and recommendations

21  regarding such noncompliance to the Legislature and the

22  Governor.

23         (c)3.  The secretary shall provide to the Florida

24  Transportation Commission or its staff, such assistance,

25  information, and documents as are requested by the commission

26  or its staff to enable the commission to fulfill its duties

27  and responsibilities.

28         (d)(c)  The secretary shall appoint two three assistant

29  secretaries who shall be directly responsible to the secretary

30  and who shall perform such duties as are specified in this

31  section and such other duties as are assigned by the


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    CS for SB 676                                  First Engrossed



 1  secretary.  The secretary may delegate to any assistant

 2  secretary the authority to act in the absence of the

 3  secretary. The department has the authority to adopt rules

 4  necessary for the delegation of authority beyond the assistant

 5  secretaries. The assistant secretaries shall serve at the

 6  pleasure of the secretary.

 7         (e)(d)  Any secretary appointed after July 5, 1989, and

 8  the assistant secretaries shall be exempt from the provisions

 9  of part III of chapter 110 and shall receive compensation

10  commensurate with their qualifications and competitive with

11  compensation for comparable responsibility in the private

12  sector.  When the salary of any assistant secretary exceeds

13  the limits established in part III of chapter 110, the

14  Governor shall approve said salary.

15         (2)(a)1.  The Florida Transportation Commission is

16  hereby created and shall consist of nine members appointed by

17  the Governor subject to confirmation by the Senate.  Members

18  of the commission shall serve terms of 4 years each.

19         2.  Members shall be appointed in such a manner as to

20  equitably represent all geographic areas of the state.  Each

21  member must be a registered voter and a citizen of the state.

22  Each member of the commission must also possess business

23  managerial experience in the private sector.

24         3.  A member of the commission shall represent the

25  transportation needs of the state as a whole and may not

26  subordinate the needs of the state to those of any particular

27  area of the state.

28         4.  The commission is assigned to the Office of the

29  Secretary of the Department of Transportation for

30  administrative and fiscal accountability purposes, but it

31  


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    CS for SB 676                                  First Engrossed



 1  shall otherwise function independently of the control and

 2  direction of the department.

 3         (b)  The commission shall have the primary functions

 4  to:

 5         1.  Recommend major transportation policies for the

 6  Governor's approval, and assure that approved policies and any

 7  revisions thereto are properly executed.

 8         2.  Periodically review the status of the state

 9  transportation system including highway, transit, rail,

10  seaport, intermodal development, and aviation components of

11  the system and recommend improvements therein to the Governor

12  and the Legislature.

13         3.  Perform an in-depth evaluation of the annual

14  department budget request, the Florida Transportation Plan,

15  and the tentative work program for compliance with all

16  applicable laws and established departmental policies. Except

17  as specifically provided in s. 339.135(4)(c)2., (d), and (f),

18  the commission may not consider individual construction

19  projects, but shall consider methods of accomplishing the

20  goals of the department in the most effective, efficient, and

21  businesslike manner.

22         4.  Monitor the financial status of the department on a

23  regular basis to assure that the department is managing

24  revenue and bond proceeds responsibly and in accordance with

25  law and established policy.

26         5.  Monitor on at least a quarterly basis, the

27  efficiency, productivity, and management of the department,

28  using performance and production standards developed by the

29  commission pursuant to s. 334.045.

30         6.  Perform an in-depth evaluation of the factors

31  causing disruption of project schedules in the adopted work


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    CS for SB 676                                  First Engrossed



 1  program and recommend to the Legislature and the Governor

 2  methods to eliminate or reduce the disruptive effects of these

 3  factors.

 4         7.  Recommend to the Governor and the Legislature

 5  improvements to the department's organization in order to

 6  streamline and optimize the efficiency of the department. In

 7  reviewing the department's organization, the commission shall

 8  determine if the current district organizational structure is

 9  responsive to Florida's changing economic and demographic

10  development patterns. The initial report by the commission

11  must be delivered to the Governor and Legislature by December

12  15, 2000, and each year thereafter, as appropriate. The

13  commission may retain such experts as are reasonably necessary

14  to effectuate this subparagraph, and the department shall pay

15  the expenses of such experts.

16         (c)  The commission or a member thereof may not enter

17  into the day-to-day operation of the department and is

18  specifically prohibited from taking part in:

19         1.  The awarding of contracts.

20         2.  The selection of a consultant or contractor or the

21  prequalification of any individual consultant or contractor.

22  However, the commission may recommend to the secretary

23  standards and policies governing the procedure for selection

24  and prequalification of consultants and contractors.

25         3.  The selection of a route for a specific project.

26         4.  The specific location of a transportation facility.

27         5.  The acquisition of rights-of-way.

28         6.  The employment, promotion, demotion, suspension,

29  transfer, or discharge of any department personnel.

30         7.  The granting, denial, suspension, or revocation of

31  any license or permit issued by the department.


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    CS for SB 676                                  First Engrossed



 1         (d)1.  The chair of the commission shall be selected by

 2  the commission members and shall serve a 1-year term.

 3         2.  The commission shall hold a minimum of 4 regular

 4  meetings annually, and other meetings may be called by the

 5  chair upon giving at least 1 week's notice to all members and

 6  the public pursuant to chapter 120. Other meetings may also be

 7  held upon the written request of at least four other members

 8  of the commission, with at least 1 week's notice of such

 9  meeting being given to all members and the public by the chair

10  pursuant to chapter 120. Emergency meetings may be held

11  without notice upon the request of all members of the

12  commission. At each meeting of the commission, the secretary

13  or his or her designee shall submit a report of major actions

14  taken by him or her as the official representative of the

15  department.

16         3.  A majority of the membership of the commission

17  constitutes a quorum at any meeting of the commission.  An

18  action of the commission is not binding unless the action is

19  taken pursuant to an affirmative vote of a majority of the

20  members present, but not fewer than four members of the

21  commission at a meeting held pursuant to subparagraph 2., and

22  the vote is recorded in the minutes of that meeting.

23         4.  The chair shall cause to be made a complete record

24  of the proceedings of the commission, which record shall be

25  open for public inspection.

26         (e)  The meetings of the commission shall be held in

27  the central office of the department in Tallahassee unless the

28  chair determines that special circumstances warrant meeting at

29  another location.

30         (f)  Members of the commission are entitled to per diem

31  and travel expenses pursuant to s. 112.061.


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    CS for SB 676                                  First Engrossed



 1         (g)  A member of the commission may not have any

 2  interest, direct or indirect, in any contract, franchise,

 3  privilege, or other benefit granted or awarded by the

 4  department during the term of his or her appointment and for 2

 5  years after the termination of such appointment.

 6         (h)  The commission shall appoint an executive director

 7  and assistant executive director, who shall serve under the

 8  direction, supervision, and control of the commission.  The

 9  executive director, with the consent of the commission, shall

10  employ such staff as are necessary to perform adequately the

11  functions of the commission, within budgetary limitations.

12  All employees of the commission are exempt from part II of

13  chapter 110 and shall serve at the pleasure of the commission.

14  The salaries and benefits of all employees of the commission

15  shall be set in accordance with the Selected Exempt Service;

16  provided, however, that the commission shall have complete

17  authority for fixing the salary of the executive director and

18  assistant executive director.

19         (i)  The commission shall develop a budget pursuant to

20  chapter 216. The budget is not subject to change by the

21  department, but such budget shall be submitted to the Governor

22  along with the budget of the department.

23         (3)(a)  The central office shall establish departmental

24  policies, rules, procedures, and standards and shall monitor

25  the implementation of such policies, rules, procedures, and

26  standards in order to ensure uniform compliance and quality

27  performance by the districts and central office units that

28  implement transportation programs.  Major transportation

29  policy initiatives or revisions shall be submitted to the

30  commission for review. The central office monitoring function

31  shall be based on a plan that clearly specifies what areas


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    CS for SB 676                                  First Engrossed



 1  will be monitored, activities and criteria used to measure

 2  compliance, and a feedback process that assures monitoring

 3  findings are reported and deficiencies corrected.  The

 4  secretary is responsible for ensuring that a central office

 5  monitoring function is implemented, and that it functions

 6  properly.  In conjunction with its monitoring function, the

 7  central office shall provide such training and administrative

 8  support to the districts as the department determines to be

 9  necessary to ensure that the department's programs are carried

10  out in the most efficient and effective manner.

11         (b)  The resources necessary to ensure the efficiency,

12  effectiveness, and quality of performance by the department of

13  its statutory responsibilities shall be allocated to the

14  central office.

15         (b)(c)  The secretary shall appoint an Assistant

16  Secretary for Transportation Development and Operations and

17  Policy, an Assistant Secretary for Transportation Support.

18  Finance and Administration, and an Assistant Secretary for

19  District Operations, each of whom shall serve at the pleasure

20  of the secretary.  The positions are responsible for

21  developing, monitoring, and enforcing policy and managing

22  major technical programs.  The responsibilities and duties of

23  these positions include, but are not limited to, the following

24  functional areas:

25         1.  Assistant Secretary for Transportation Policy.--

26         a.  Development of the Florida Transportation Plan and

27  other policy planning;

28         b.  Development of statewide modal systems plans,

29  including public transportation systems;

30         c.  Design of transportation facilities;

31         d.  Construction of transportation facilities;


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    CS for SB 676                                  First Engrossed



 1         e.  Acquisition and management of transportation

 2  rights-of-way; and

 3         f.  Administration of motor carrier compliance and

 4  safety.

 5         2.  Assistant Secretary for District Operations.--

 6         a.  Administration of the eight districts; and

 7         b.  Implementation of the decentralization of the

 8  department.

 9         3.  Assistant Secretary for Finance and

10  Administration.--

11         a.  Financial planning and management;

12         b.  Information systems;

13         c.  Accounting systems;

14         d.  Administrative functions; and

15         e.  Administration of toll operations.

16         (d)1.  Policy, program, or operations offices shall be

17  established within the central office for the purposes of:

18         a.  Developing policy and procedures and monitoring

19  performance to ensure compliance with these policies and

20  procedures;

21         b.  Performing statewide activities which it is more

22  cost-effective to perform in a central location;

23         c.  Assessing and ensuring the accuracy of information

24  within the department's financial management information

25  systems; and

26         d.  Performing other activities of a statewide nature.

27         (c)2.  The following offices are established and shall

28  be headed by a manager, each of whom shall be appointed by and

29  serve at the pleasure of the secretary. The positions shall be

30  classified at a level equal to a division director:

31         1.a.  The Office of Administration;


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    CS for SB 676                                  First Engrossed



 1         2.b.  The Office of Policy Planning and Environmental

 2  Management;

 3         3.c.  The Office of Design;

 4         4.d.  The Office of Highway Operations;

 5         5.e.  The Office of Right-of-Way;

 6         6.f.  The Office of Toll Operations;

 7         7.g.  The Office of Information Systems; and

 8         8.h.  The Office of Motor Carrier Compliance;.

 9         9.  The Office of Management and Budget;

10         10.  The Office of Comptroller;

11         11.  The Office of Construction;

12         12.  The Office of Maintenance; and

13         13.  The Office of Materials.

14         (d)3.  Other offices may be established in accordance

15  with s. 20.04(7). The heads of such offices are exempt from

16  part II of chapter 110. No office or organization shall be

17  created at a level equal to or higher than a division without

18  specific legislative authority.

19         4.  During the construction of a major transportation

20  improvement project or as determined by the district

21  secretary, the department may provide assistance to a business

22  entity significantly impacted by the project if the entity is

23  a for-profit entity that has been in business for 3 years

24  prior to the beginning of construction and has direct or

25  shared access to the transportation project being constructed.

26  The assistance program shall be in the form of additional

27  guarantees to assist the impacted business entity in receiving

28  loans pursuant to Title 13 C.F.R. part 120. However, in no

29  instance shall the combined guarantees be greater than 90

30  percent of the loan. The department shall adopt rules to

31  implement this subparagraph.


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    CS for SB 676                                  First Engrossed



 1         (e)  The Assistant Secretary for Finance and

 2  Administration must possess a broad knowledge of the

 3  administrative, financial, and technical aspects of a complete

 4  cost-accounting system, budget preparation and management, and

 5  management information systems. The Assistant Secretary for

 6  Finance and Administration must be a proven, effective manager

 7  with specialized skills in financial planning and management.

 8  The Assistant Secretary for Finance and Administration shall

 9  ensure that financial information is processed in a timely,

10  accurate, and complete manner.

11         (f)1.  Within the central office there is created an

12  Office of Management and Budget.  The head of the Office of

13  Management and Budget is responsible to the Assistant

14  Secretary for Finance and Administration and is exempt from

15  part II of chapter 110.

16         2.  The functions of the Office of Management and

17  Budget include, but are not limited to:

18         a.  Preparation of the work program;

19         b.  Preparation of the departmental budget; and

20         c.  Coordination of related policies and procedures.

21         3.  The Office of Management and Budget shall also be

22  responsible for developing uniform implementation and

23  monitoring procedures for all activities performed at the

24  district level involving the budget and the work program.

25         (e)(g)  The secretary shall may appoint an inspector

26  general pursuant to s. 20.055 who shall be directly

27  responsible to the secretary and shall serve at the pleasure

28  of the secretary.

29         (h)1.  The secretary shall appoint an inspector general

30  pursuant to s. 20.055. The inspector general may be

31  organizationally located within another unit of the department


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    CS for SB 676                                  First Engrossed



 1  for administrative purposes, but shall function independently

 2  and be directly responsible to the secretary pursuant to s.

 3  20.055. The duties of the inspector general shall include, but

 4  are not restricted to, reviewing, evaluating, and reporting on

 5  the policies, plans, procedures, and accounting, financial,

 6  and other operations of the department and recommending

 7  changes for the improvement thereof, as well as performing

 8  audits of contracts and agreements between the department and

 9  private entities or other governmental entities. The inspector

10  general shall give priority to reviewing major parts of the

11  department's accounting system and central office monitoring

12  function to determine whether such systems effectively ensure

13  accountability and compliance with all laws, rules, policies,

14  and procedures applicable to the operation of the department.

15  The inspector general shall also give priority to assessing

16  the department's management information systems as required by

17  s. 282.318.  The internal audit function shall use the

18  necessary expertise, in particular, engineering, financial,

19  and property appraising expertise, to independently evaluate

20  the technical aspects of the department's operations. The

21  inspector general shall have access at all times to any

22  personnel, records, data, or other information of the

23  department and shall determine the methods and procedures

24  necessary to carry out his or her duties. The inspector

25  general is responsible for audits of departmental operations

26  and for audits of consultant contracts and agreements, and

27  such audits shall be conducted in accordance with generally

28  accepted governmental auditing standards.  The inspector

29  general shall annually perform a sufficient number of audits

30  to determine the efficiency and effectiveness, as well as

31  verify the accuracy of estimates and charges, of contracts


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    CS for SB 676                                  First Engrossed



 1  executed by the department with private entities and other

 2  governmental entities.  The inspector general has the sole

 3  responsibility for the contents of his or her reports, and a

 4  copy of each report containing his or her findings and

 5  recommendations shall be furnished directly to the secretary

 6  and the commission.

 7         2.  In addition to the authority and responsibilities

 8  herein provided, the inspector general is required to report

 9  to the:

10         a.  Secretary whenever the inspector general makes a

11  preliminary determination that particularly serious or

12  flagrant problems, abuses, or deficiencies relating to the

13  administration of programs and operations of the department

14  have occurred. The secretary shall review and assess the

15  correctness of the preliminary determination by the inspector

16  general. If the preliminary determination is substantiated,

17  the secretary shall submit such report to the appropriate

18  committees of the Legislature within 7 calendar days, together

19  with a report by the secretary containing any comments deemed

20  appropriate.  Nothing in this section shall be construed to

21  authorize the public disclosure of information which is

22  specifically prohibited from disclosure by any other provision

23  of law.

24         b.  Transportation Commission and the Legislature any

25  actions by the secretary that prohibit the inspector general

26  from initiating, carrying out, or completing any audit after

27  the inspector general has decided to initiate, carry out, or

28  complete such audit.  The secretary shall, within 30 days

29  after transmission of the report, set forth in a statement to

30  the Transportation Commission and the Legislature the reasons

31  for his or her actions.


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    CS for SB 676                                  First Engrossed



 1         (i)1.  The secretary shall appoint a comptroller who is

 2  responsible to the Assistant Secretary for Finance and

 3  Administration.  This position is exempt from part II of

 4  chapter 110.

 5         2.  The comptroller is the chief financial officer of

 6  the department and must be a proven, effective administrator

 7  who by a combination of education and experience clearly

 8  possesses a broad knowledge of the administrative, financial,

 9  and technical aspects of a complex cost-accounting system.

10  The comptroller must also have a working knowledge of

11  generally accepted accounting principles.  At a minimum, the

12  comptroller must hold an active license to practice public

13  accounting in Florida pursuant to chapter 473 or an active

14  license to practice public accounting in any other state.  In

15  addition to the requirements of the Florida Fiscal Accounting

16  Management Information System Act, the comptroller is

17  responsible for the development, maintenance, and modification

18  of an accounting system that will in a timely manner

19  accurately reflect the revenues and expenditures of the

20  department and that includes a cost-accounting system to

21  properly identify, segregate, allocate, and report department

22  costs. The comptroller shall supervise and direct preparation

23  of a detailed 36-month forecast of cash and expenditures and

24  is responsible for managing cash and determining cash

25  requirements. The comptroller shall review all comparative

26  cost studies that examine the cost-effectiveness and

27  feasibility of contracting for services and operations

28  performed by the department.  The review must state that the

29  study was prepared in accordance with generally accepted

30  cost-accounting standards applied in a consistent manner using

31  valid and accurate cost data.


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    CS for SB 676                                  First Engrossed



 1         3.  The department shall by rule or internal management

 2  memoranda as required by chapter 120 provide for the

 3  maintenance by the comptroller of financial records and

 4  accounts of the department as will afford a full and complete

 5  check against the improper payment of bills and provide a

 6  system for the prompt payment of the just obligations of the

 7  department, which records must at all times disclose:

 8         a.  The several appropriations available for the use of

 9  the department;

10         b.  The specific amounts of each such appropriation

11  budgeted by the department for each improvement or purpose;

12         c.  The apportionment or division of all such

13  appropriations among the several counties and districts, when

14  such apportionment or division is made;

15         d.  The amount or portion of each such apportionment

16  against general contractual and other liabilities then

17  created;

18         e.  The amount expended and still to be expended in

19  connection with each contractual and other obligation of the

20  department;

21         f.  The expense and operating costs of the various

22  activities of the department;

23         g.  The receipts accruing to the department and the

24  distribution thereof;

25         h.  The assets, investments, and liabilities of the

26  department; and

27         i.  The cash requirements of the department for a

28  36-month period.

29         4.  The comptroller shall maintain a separate account

30  for each fund administered by the department.

31  


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    CS for SB 676                                  First Engrossed



 1         5.  The comptroller shall perform such other related

 2  duties as designated by the department.

 3         (f)(j)  The secretary shall appoint a general counsel

 4  who shall be employed full time and shall be directly

 5  responsible to the secretary.  The general counsel is

 6  responsible for all legal matters of the department.  The

 7  department may employ as many attorneys as it deems necessary

 8  to advise and represent the department in all transportation

 9  matters.

10         (g)(k)  The secretary shall appoint a state

11  transportation development administrator planner who shall

12  report to the Assistant Secretary for Transportation Policy.

13  The state transportation planner's responsibilities shall

14  include, but are not limited to, policy planning, systems

15  planning, and transportation statistics.  This position shall

16  be classified at a level equal to a deputy assistant

17  secretary.

18         (h)(l)  The secretary shall appoint a state

19  transportation operations administrator highway engineer who

20  shall report to the Assistant Secretary for Transportation

21  Policy. The state highway engineer's responsibilities shall

22  include, but are not limited to, design, construction, and

23  maintenance of highway facilities; acquisition and management

24  of transportation rights-of-way; traffic engineering; and

25  materials testing. This position shall be classified at a

26  level equal to a deputy assistant secretary.

27         (i)(m)  The secretary shall appoint a state public

28  transportation and modal administrator who shall report to the

29  Assistant Secretary for Transportation Policy. The state

30  public transportation administrator's responsibilities shall

31  include, but are not limited to, the administration of


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    CS for SB 676                                  First Engrossed



 1  statewide transit, rail, intermodal development, and aviation

 2  programs. This position shall be classified at a level equal

 3  to a deputy assistant secretary. The department shall also

 4  assign to the public transportation administrator an

 5  organizational unit the primary function of which is to

 6  administer the high-speed rail program.

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

 8  organized into seven districts, each headed by a district

 9  secretary and a turnpike enterprise, headed by an executive

10  director. The district secretaries and the turnpike executive

11  director shall be registered professional engineers in

12  accordance with the provisions of chapter 471 or, in lieu of

13  professional engineer registration, a district secretary or

14  turnpike executive director may hold an advanced degree in an

15  appropriate related discipline, such as a Master of Business

16  Administration. The district secretaries shall report to the

17  Assistant Secretary for District Operations. The headquarters

18  of the districts shall be located in Polk, Columbia,

19  Washington, Broward, Volusia, Dade, and Hillsborough Counties.

20  The headquarters of the turnpike enterprise shall be located

21  in Orange County. In order to provide for efficient operations

22  and to expedite the decisionmaking process, the department

23  shall provide for maximum decentralization to the districts.

24  However, before making a decision to centralize or

25  decentralize department operations, the department must first

26  determine if the decision would be cost-effective and in the

27  public's best interest. The department shall periodically

28  evaluate such decisions to ensure that they are appropriate.

29         (b)  The primary responsibility for the implementation

30  of the department's transportation programs shall be delegated

31  by the secretary to the district secretaries, and sufficient


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    CS for SB 676                                  First Engrossed



 1  authority shall be vested in each district to ensure adequate

 2  control of the resources commensurate with the delegated

 3  responsibility. Each district secretary shall also be

 4  accountable for ensuring their district's quality of

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

 6  procedures related to the operation of the department.

 7         (b)(c)  Each district secretary may appoint a district

 8  director for transportation development, a district director

 9  for transportation operations, and a district director for

10  transportation support or, until July 1, 2005, each district

11  secretary may appoint a district director for planning and

12  programming, a district director for production, and a

13  district director for operations, and a district director for

14  administration. These positions are exempt from part II of

15  chapter 110.

16         (c)(d)  Within each district, offices shall be

17  established for managing major functional responsibilities of

18  the department. The offices may include planning, design,

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

20  transportation.  The heads of these offices shall be exempt

21  from part II of chapter 110.

22         (d)(e)  The district director for the Fort Myers Urban

23  Office of the Department of Transportation is responsible for

24  developing the 5-year Transportation Plan for Charlotte,

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

26  Myers Urban Office also is responsible for providing policy,

27  direction, local government coordination, and planning for

28  those counties.

29         (e)(f)1.  The responsibility for the turnpike system

30  shall be delegated by the secretary to the executive director

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


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    CS for SB 676                                  First Engrossed



 1  the secretary. The executive director shall report directly to

 2  the secretary, and the turnpike enterprise shall operate

 3  pursuant to ss. 338.22-338.241.

 4         2.  To facilitate the most efficient and effective

 5  management of the turnpike enterprise, including the use of

 6  best business practices employed by the private sector, the

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

 8  be exempt from departmental policies, procedures, and

 9  standards, subject to the secretary having the authority to

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

11  turnpike enterprise from time to time as deemed appropriate.

12         (5)  Notwithstanding the provisions of s. 110.205, the

13  Department of Management Services is authorized to exempt

14  positions within the Department of Transportation which are

15  comparable to positions within the Senior Management Service

16  pursuant to s. 110.205(2)(j) or positions which are comparable

17  to positions in the Selected Exempt Service under s.

18  110.205(2)(m).

19         (6)  To facilitate the efficient and effective

20  management of the department in a businesslike manner, the

21  department shall develop a system for the submission of

22  monthly management reports to the Florida Transportation

23  Commission and secretary from the district secretaries.  The

24  commission and the secretary shall determine which reports are

25  required to fulfill their respective responsibilities under

26  this section.  A copy of each such report shall be submitted

27  monthly to the appropriations and transportation committees of

28  the Senate and the House of Representatives. Recommendations

29  made by the Auditor General in his or her audits of the

30  department that relate to management practices, systems, or

31  reports shall be implemented in a timely manner.  However, if


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    CS for SB 676                                  First Engrossed



 1  the department determines that one or more of the

 2  recommendations should be altered or should not be

 3  implemented, it shall provide a written explanation of such

 4  determination to the Legislative Auditing Committee within 6

 5  months after the date the recommendations were published.

 6         (6)(7)  The department is authorized to contract with

 7  local governmental entities and with the private sector if the

 8  department first determines that:

 9         (a)  Consultants can do the work at less cost than

10  state employees;

11         (b)  State employees can do the work at less cost, but

12  sufficient positions have not been approved by the Legislature

13  as requested in the department's most recent legislative

14  budget request;

15         (c)  The work requires specialized expertise, and it

16  would not be economical for the state to acquire, and then

17  maintain, the expertise after the work is done;

18         (d)  The workload is at a peak level, and it would not

19  be economical to acquire, and then keep, extra personnel after

20  the workload decreases; or

21         (e)  The use of such entities is clearly in the

22  public's best interest.

23  

24  Such contracts shall require compliance with applicable

25  federal and state laws, and clearly specify the product or

26  service to be provided.

27         Section 6.  Paragraphs (j) and (m) of subsection (2) of

28  section 110.205, Florida Statutes, are amended to read:

29         110.205  Career service; exemptions.--

30         (2)  EXEMPT POSITIONS.--The exempt positions that are

31  not covered by this part include the following:


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    CS for SB 676                                  First Engrossed



 1         (j)  The appointed secretaries, assistant secretaries,

 2  deputy secretaries, and deputy assistant secretaries of all

 3  departments; the executive directors, assistant executive

 4  directors, deputy executive directors, and deputy assistant

 5  executive directors of all departments; the directors of all

 6  divisions and those positions determined by the department to

 7  have managerial responsibilities comparable to such positions,

 8  which positions include, but are not limited to, program

 9  directors, assistant program directors, district

10  administrators, deputy district administrators, the Director

11  of Central Operations Services of the Department of Children

12  and Family Services, and the State Transportation Development

13  Administrator Highway Engineer, State Public Transportation

14  and Modal Administrator, district secretaries, district

15  directors of transportation development, transportation

16  operations, transportation support planning and programming,

17  production, and operations, and the managers of the offices

18  specified in s. 20.23(3)(c) (d)2., of the Department of

19  Transportation.  Unless otherwise fixed by law, the department

20  shall set the salary and benefits of these positions in

21  accordance with the rules of the Senior Management Service;

22  and the county health department directors and county health

23  department administrators of the Department of Health.

24         (m)  All assistant division director, deputy division

25  director, and bureau chief positions in any department, and

26  those positions determined by the department to have

27  managerial responsibilities comparable to such positions,

28  which positions include, but are not limited to, positions in

29  the Department of Health, the Department of Children and

30  Family Services, and the Department of Corrections that are

31  assigned primary duties of serving as the superintendent or


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    CS for SB 676                                  First Engrossed



 1  assistant superintendent, or warden or assistant warden, of an

 2  institution; positions in the Department of Corrections that

 3  are assigned primary duties of serving as the circuit

 4  administrator or deputy circuit administrator; positions in

 5  the Department of Transportation that are assigned primary

 6  duties of serving as regional toll managers and managers of

 7  offices as defined in s. 20.23(3)(c)(d)3. and (4)(d), and

 8  captains and majors of the Office of Motor Carrier Compliance;

 9  positions in the Department of Environmental Protection that

10  are assigned the duty of an Environmental Administrator or

11  program administrator; and positions in the Department of

12  Health that are assigned the duties of Environmental

13  Administrator, Assistant County Health Department Director,

14  and County Health Department Financial Administrator. Unless

15  otherwise fixed by law, the department shall set the salary

16  and benefits of these positions in accordance with the rules

17  established for the Selected Exempt Service.

18         Section 7.  Subsection (1) of section 120.52, Florida

19  Statutes, is amended to read:

20         120.52  Definitions.--As used in this act:

21         (1)  "Agency" means:

22         (a)  The Governor in the exercise of all executive

23  powers other than those derived from the constitution.

24         (b)  Each:

25         1.  State officer and state department, and each

26  departmental unit described in s. 20.04.

27         2.  Authority, including a regional water supply

28  authority.

29         3.  Board.

30  

31  


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    CS for SB 676                                  First Engrossed



 1         4.  Commission, including the Commission on Ethics and

 2  the Fish and Wildlife Conservation Commission when acting

 3  pursuant to statutory authority derived from the Legislature.

 4         5.  Regional planning agency.

 5         6.  Multicounty special district with a majority of its

 6  governing board comprised of nonelected persons.

 7         7.  Educational units.

 8         8.  Entity described in chapters 163, 373, 380, and 582

 9  and s. 186.504.

10         (c)  Each other unit of government in the state,

11  including counties and municipalities, to the extent they are

12  expressly made subject to this act by general or special law

13  or existing judicial decisions.

14  

15  This definition does not include any legal entity or agency

16  created in whole or in part pursuant to chapter 361, part II,

17  any metropolitan planning organization created pursuant to s.

18  339.175, any separate legal or administrative entity created

19  pursuant to s. 339.175 of which a metropolitan planning

20  organization is a member, an expressway authority pursuant to

21  chapter 348, any legal or administrative entity created by an

22  interlocal agreement pursuant to s. 163.01(7), unless any

23  party to such agreement is otherwise an agency as defined in

24  this subsection, or any multicounty special district with a

25  majority of its governing board comprised of elected persons;

26  however, this definition shall include a regional water supply

27  authority.

28         Section 8.  Paragraph (a) of subsection (1), paragraph

29  (b) of subsection (2), and paragraph (h) of subsection (5) of

30  section 339.175, Florida Statutes, are amended, and paragraph

31  (i) is added to subsection (5) of that section to read:


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    CS for SB 676                                  First Engrossed



 1         339.175  Metropolitan planning organization.--It is the

 2  intent of the Legislature to encourage and promote the safe

 3  and efficient management, operation, and development of

 4  surface transportation systems that will serve the mobility

 5  needs of people and freight within and through urbanized areas

 6  of this state while minimizing transportation-related fuel

 7  consumption and air pollution. To accomplish these objectives,

 8  metropolitan planning organizations, referred to in this

 9  section as M.P.O.'s, shall develop, in cooperation with the

10  state and public transit operators, transportation plans and

11  programs for metropolitan areas. The plans and programs for

12  each metropolitan area must provide for the development and

13  integrated management and operation of transportation systems

14  and facilities, including pedestrian walkways and bicycle

15  transportation facilities that will function as an intermodal

16  transportation system for the metropolitan area, based upon

17  the prevailing principles provided in s. 334.046(1).  The

18  process for developing such plans and programs shall provide

19  for consideration of all modes of transportation and shall be

20  continuing, cooperative, and comprehensive, to the degree

21  appropriate, based on the complexity of the transportation

22  problems to be addressed.

23         (1)  DESIGNATION.--

24         (a)1.  An M.P.O. shall be designated for each urbanized

25  area of the state; however, this does not require that an

26  individual M.P.O. be designated for each such area.  Such

27  designation shall be accomplished by agreement between the

28  Governor and units of general-purpose local government

29  representing at least 75 percent of the population of the

30  urbanized area; however, the unit of general-purpose local

31  government that represents the central city or cities within


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    CS for SB 676                                  First Engrossed



 1  the M.P.O. jurisdiction, as defined by the United States

 2  Bureau of the Census, must be a party to such agreement.

 3         2.  More than one M.P.O. may be designated within an

 4  existing metropolitan planning area only if the Governor and

 5  the existing M.P.O. determine that the size and complexity of

 6  the existing metropolitan planning area makes the designation

 7  of more than one M.P.O. for the area appropriate.

 8         (2)  VOTING MEMBERSHIP.--

 9         (b)  In metropolitan areas in which authorities or

10  other agencies have been or may be created by law to perform

11  transportation functions and are performing transportation

12  functions that are not under the jurisdiction of a general

13  purpose local government represented on the M.P.O., they shall

14  be provided voting membership on the M.P.O. In all other

15  M.P.O.'s where transportation authorities or agencies are to

16  be represented by elected officials from general purpose local

17  governments, the M.P.O. shall establish a process by which the

18  collective interests of such authorities or other agencies are

19  expressed and conveyed.

20         (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,

21  privileges, and authority of an M.P.O. are those specified in

22  this section or incorporated in an interlocal agreement

23  authorized under s. 163.01.  Each M.P.O. shall perform all

24  acts required by federal or state laws or rules, now and

25  subsequently applicable, which are necessary to qualify for

26  federal aid. It is the intent of this section that each M.P.O.

27  shall be involved in the planning and programming of

28  transportation facilities, including, but not limited to,

29  airports, intercity and high-speed rail lines, seaports, and

30  intermodal facilities, to the extent permitted by state or

31  federal law.


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    CS for SB 676                                  First Engrossed



 1         (h)  A chair's coordinating committee is created,

 2  composed of the M.P.O's serving Hernando, Hillsborough,

 3  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. Any

 4  group of M.P.O.'s which has created a chair's coordinating

 5  committee as of the effective date of this act and is located

 6  within the same Department of Transportation District which is

 7  comprised of four adjacent M.P.O.'s must continue such

 8  committee as provided for in this section. Such committee must

 9  also include one representative from each M.P.O. contiguous to

10  the geographic boundaries of the original committee. The

11  committee must, at a minimum:

12         1.  Coordinate transportation projects deemed to be

13  regionally significant by the committee.

14         2.  Review the impact of regionally significant land

15  use decisions on the region.

16         3.  Review all proposed regionally significant

17  transportation projects in the respective transportation

18  improvement programs which affect more than one of the

19  M.P.O.'s represented on the committee.

20         4.  Institute a conflict resolution process to address

21  any conflict that may arise in the planning and programming of

22  such regionally significant projects.

23         (i)1.  The Legislature finds that the state's rapid

24  growth in recent decades has caused many urbanized areas

25  subject to M.P.O. jurisdiction to become contiguous to each

26  other. As a result, various transportation projects may cross

27  from the jurisdiction of one M.P.O. into the jurisdiction of

28  another M.P.O. To more fully accomplish the purposes for which

29  M.P.O.'s have been mandated, M.P.O.'s shall develop

30  coordination mechanisms with one another to expand and improve

31  transportation within the state. The appropriate method of


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    CS for SB 676                                  First Engrossed



 1  coordination between M.P.O.'s shall vary depending upon the

 2  project involved and given local and regional needs.

 3  Consequently, it is appropriate to set forth a flexible

 4  methodology that can be used by M.P.O.'s to coordinate with

 5  other M.P.O.'s and appropriate political subdivisions as

 6  circumstances demand.

 7         2.  Any M.P.O. may join with any other M.P.O. or any

 8  individual political subdivision to coordinate activities or

 9  to achieve any federal or state transportation planning or

10  development goals or purposes consistent with federal or state

11  law. When an M.P.O. determines that it is appropriate to join

12  with another M.P.O. or any political subdivision to coordinate

13  activities, the M.P.O. or political subdivision shall enter

14  into an interlocal agreement pursuant to s. 163.01, which, at

15  a minimum, creates a separate legal or administrative entity

16  to coordinate the transportation planning or development

17  activities required to achieve the goal or purpose; provide

18  the purpose for which the entity is created; provide the

19  duration of the agreement and the entity, and specify how the

20  agreement may be terminated, modified, or rescinded; describe

21  the precise organization of the entity, including who has

22  voting rights on the governing board, whether alternative

23  voting members are provided for, how voting members are

24  appointed, and what the relative voting strength is for each

25  constituent M.P.O. or political subdivision; provide the

26  manner in which the parties to the agreement will provide for

27  the financial support of the entity and payment of costs and

28  expenses of the entity; provide the manner in which funds may

29  be paid to and disbursed from the entity; and provide how

30  members of the entity will resolve disagreements regarding

31  interpretation of the interlocal agreement or disputes


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    CS for SB 676                                  First Engrossed



 1  relating to the operation of the entity. Such interlocal

 2  agreement shall become effective upon its recordation in the

 3  official public records of each county in which a member of

 4  the entity created by the interlocal agreement has a voting

 5  member. This paragraph does not require any M.P.O.'s to merge,

 6  combine, or otherwise join together as a single M.P.O.

 7         Section 9.  Paragraphs (a), (b), (c), (d), (e), (f),

 8  and (g) of subsection (1) of section 255.20, Florida Statutes,

 9  are redesignated as paragraphs (c), (d), (e), (f), (g), (h),

10  and (i), respectively, and new paragraphs (a) and (b) are

11  added to that subsection, to read:

12         255.20  Local bids and contracts for public

13  construction works; specification of state-produced lumber.--

14         (1)  A county, municipality, special district as

15  defined in chapter 189, or other political subdivision of the

16  state seeking to construct or improve a public building,

17  structure, or other public construction works must

18  competitively award to an appropriately licensed contractor

19  each project that is estimated in accordance with generally

20  accepted cost-accounting principles to have total construction

21  project costs of more than $200,000. For electrical work,

22  local government must competitively award to an appropriately

23  licensed contractor each project that is estimated in

24  accordance with generally accepted cost-accounting principles

25  to have a cost of more than $50,000.  As used in this section,

26  the term "competitively award" means to award contracts based

27  on the submission of sealed bids, proposals submitted in

28  response to a request for proposal, proposals submitted in

29  response to a request for qualifications, or proposals

30  submitted for competitive negotiation. This subsection

31  expressly allows contracts for construction management


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    CS for SB 676                                  First Engrossed



 1  services, design/build contracts, continuation contracts based

 2  on unit prices, and any other contract arrangement with a

 3  private sector contractor permitted by any applicable

 4  municipal or county ordinance, by district resolution, or by

 5  state law. For purposes of this section, construction costs

 6  include the cost of all labor, except inmate labor, and

 7  include the cost of equipment and materials to be used in the

 8  construction of the project. Subject to the provisions of

 9  subsection (3), the county, municipality, special district, or

10  other political subdivision may establish, by municipal or

11  county ordinance or special district resolution, procedures

12  for conducting the bidding process.

13         (a)  Notwithstanding any other law to the contrary, a

14  county, municipality, special district as defined in chapter

15  189, or other political subdivision of the state seeking to

16  construct or improve bridges, roads, streets, highways, or

17  railroads, and services incidental thereto, at costs in excess

18  of $250,000 may require that persons interested in performing

19  work under contract first be certified or qualified to perform

20  such work. Any contractor may be considered ineligible to bid

21  by the governmental entity if the contractor is behind on

22  completing an approved progress schedule for the governmental

23  entity by 10 percent or more at the time of advertisement of

24  the work. Any contractor prequalified and considered eligible

25  by the Department of Transportation to bid to perform the type

26  of work described under the contract shall be presumed to be

27  qualified to perform the work described. The governmental

28  entity may provide an appeal process to overcome that

29  presumption with de novo review based on the record below to

30  the circuit court.

31  


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    CS for SB 676                                  First Engrossed



 1         (b)  With respect to contractors not prequalified with

 2  the Department of Transportation, the governmental entity

 3  shall publish prequalification criteria and procedures prior

 4  to advertisement or notice of solicitation. Such publications

 5  shall include notice of a public hearing for comment on such

 6  criteria and procedures prior to adoption. The procedures

 7  shall provide for an appeal process within the authority for

 8  objections to the prequalification process with de novo review

 9  based on the record below to the circuit court within 30 days.

10         Section 10.  Subsections (2) and (4) of section

11  316.1001, Florida Statutes, are amended to read:

12         316.1001  Payment of toll on toll facilities required;

13  penalties.--

14         (2)(a)  For the purpose of enforcing this section, any

15  governmental entity, as defined in s. 334.03, that owns or

16  operates a toll facility may, by rule or ordinance, authorize

17  a toll enforcement officer to issue a uniform traffic citation

18  for a violation of this section.  Toll enforcement officer

19  means the designee of a governmental entity whose sole

20  authority is to enforce the payment of tolls.  The

21  governmental entity may designate toll enforcement officers

22  pursuant to s. 316.640(1).

23         (b)  A citation issued under this subsection may be

24  issued by mailing the citation by first class mail, or by

25  certified mail, return receipt requested, to the address of

26  the registered owner of the motor vehicle involved in the

27  violation. Mailing the citation to this address constitutes

28  notification. In the case of joint ownership of a motor

29  vehicle, the traffic citation must be mailed to the first name

30  appearing on the registration, unless the first name appearing

31  on the registration is a business organization, in which case


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    CS for SB 676                                  First Engrossed



 1  the second name appearing on the registration may be used. A

 2  citation issued under this paragraph must be mailed to the

 3  registered owner of the motor vehicle involved in the

 4  violation within 14 days after the date of issuance of the

 5  violation. In addition to the citation, notification must be

 6  sent to the registered owner of the motor vehicle involved in

 7  the violation specifying remedies the remedy available under

 8  ss. 318.14(12) and s. 318.18(7).

 9         (c)  The owner of the motor vehicle involved in the

10  violation is responsible and liable for payment of a citation

11  issued for failure to pay a toll, unless the owner can

12  establish the motor vehicle was, at the time of the violation,

13  in the care, custody, or control of another person.  In order

14  to establish such facts, the owner of the motor vehicle is

15  required, within 14 days after the date of issuance of the

16  citation notification of the alleged violation, to furnish to

17  the appropriate governmental entity an affidavit setting

18  forth:

19         1.  The name, address, date of birth, and, if known,

20  the driver license number of the person who leased, rented, or

21  otherwise had the care, custody, or control of the motor

22  vehicle at the time of the alleged violation; or

23         2.  If stolen, the police report indicating that the

24  vehicle was stolen at the time of the alleged violation.

25  

26  Upon receipt of an affidavit the person designated as having

27  care, custody, and control of the motor vehicle at the time of

28  the violation may be issued a citation for failure to pay a

29  required toll.  The affidavit shall be admissible in a

30  proceeding pursuant to this section for the purpose of

31  


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    CS for SB 676                                  First Engrossed



 1  providing that the person identified in the affidavit was in

 2  actual care, custody, or control of the motor vehicle.

 3         (d)  A written report of a toll enforcement officer or

 4  photographic evidence that indicates that a required toll was

 5  not paid is admissible in any proceeding to enforce this

 6  section and raises a rebuttable presumption that the motor

 7  vehicle named in the report or shown in the photographic

 8  evidence was used in violation of this section.

 9         (4)  Any governmental entity may supply the department

10  with data that is machine readable by the department's

11  computer system, listing persons who have one three or more

12  outstanding violations of this section. Pursuant to s.

13  320.03(8), those persons may not be issued a license plate or

14  revalidation sticker for any motor vehicle.

15         Section 11.  Paragraph (b) of subsection (1),

16  paragraphs (a), (b), (c), (d), (e), (f), and (j) of subsection

17  (2), and subsection (5) of section 316.302, Florida Statutes,

18  are amended to read:

19         316.302  Commercial motor vehicles; safety regulations;

20  transporters and shippers of hazardous materials;

21  enforcement.--

22         (1)

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

24  owners or drivers of commercial motor vehicles that are

25  engaged in intrastate commerce are subject to the rules and

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

27  390-397, with the exception of 49 C.F.R. s. 390.5 as it

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

29  regulations existed on October 1, 2002 2001.

30         (2)(a)  A person who operates a commercial motor

31  vehicle solely in intrastate commerce not transporting any


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    CS for SB 676                                  First Engrossed



 1  hazardous material in amounts that require placarding pursuant

 2  to 49 C.F.R. part 172 need not comply with 49 C.F.R. ss.

 3  391.11(b)(1) and 395.3(a) and (b).

 4         (b)  A person who operates a commercial motor vehicle

 5  solely in intrastate commerce not transporting any hazardous

 6  material in amounts that require placarding pursuant to 49

 7  C.F.R. part 172 is exempt from 49 C.F.R. s. 395.3(a) and (b)

 8  and may, after 8 hours' rest, and following the required

 9  initial motor vehicle inspection, be permitted to drive any

10  part of the first 15 on-duty hours in any 24-hour period, but

11  may not be permitted to operate a commercial motor vehicle

12  after that until the requirement of another 8 hours' rest has

13  been fulfilled. The provisions of this paragraph do not apply

14  to drivers of public utility vehicles or authorized emergency

15  vehicles during periods of severe weather or other

16  emergencies.

17         (c)  A person who operates a commercial motor vehicle

18  solely in intrastate commerce not transporting any hazardous

19  material in amounts that require placarding pursuant to 49

20  C.F.R. part 172 may not be on duty more than 72 hours in any

21  period of 7 consecutive days, but carriers operating every day

22  in a week may permit drivers to remain on duty for a total of

23  not more than 84 hours in any period of 8 consecutive days;

24  however, 24 consecutive hours off duty shall constitute the

25  end of any such period of 7 or 8 consecutive days. This weekly

26  limit does not apply to a person who operates a commercial

27  motor vehicle solely within this state while transporting,

28  during harvest periods, any unprocessed agricultural products

29  that are subject to seasonal harvesting from place of harvest

30  to the first place of processing or storage or from place of

31  harvest directly to market. Upon request of the Department of


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    CS for SB 676                                  First Engrossed



 1  Transportation, motor carriers shall furnish time records or

 2  other written verification to that department so that the

 3  Department of Transportation can determine compliance with

 4  this subsection. These time records must be furnished to the

 5  Department of Transportation within 10 days after receipt of

 6  that department's request. Falsification of such information

 7  is subject to a civil penalty not to exceed $100. The

 8  provisions of this paragraph do not apply to drivers of public

 9  utility vehicles or authorized emergency vehicles during

10  periods of severe weather or other emergencies.

11         (d)  A person who operates a commercial motor vehicle

12  solely in intrastate commerce not transporting any hazardous

13  material in amounts that require placarding pursuant to 49

14  C.F.R. part 172 within a 200 air-mile radius of the location

15  where the vehicle is based need not comply with 49 C.F.R. s.

16  395.8, except that time records shall be maintained as

17  prescribed in 49 C.F.R. s. 395.1(e)(5).

18         (e)  A person who operates a commercial motor vehicle

19  solely in intrastate commerce is exempt from subsection (1)

20  while transporting agricultural products, including

21  horticultural or forestry products, from farm or harvest place

22  to the first place of processing or storage, or from farm or

23  harvest place directly to market. However, such person must

24  comply with 49 C.F.R. parts 382, 392, and 393, and with 49

25  C.F.R. ss. 396.3(a)(1) and 396.9. A vehicle or combination of

26  vehicles operated pursuant to this paragraph having a gross

27  vehicle weight of 26,001 pounds or more or having three or

28  more axles on the power unit, regardless of weight, must

29  display the name of the vehicle owner or motor carrier and the

30  municipality or town where the vehicle is based on each side

31  of the power unit in letters that contrast with the background


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    CS for SB 676                                  First Engrossed



 1  and that are readable from a distance of 50 feet. A person who

 2  violates this vehicle identification requirement may be

 3  assessed a penalty as provided in s. 316.3025(3)(a).

 4         (f)  A person who operates a commercial motor vehicle

 5  having a declared gross vehicle weight of less than 26,000

 6  pounds solely in intrastate commerce and who is not

 7  transporting hazardous materials in amounts that require

 8  placarding pursuant to 49 C.F.R. part 172, or who is

 9  transporting petroleum products as defined in s. 376.301(31),

10  is exempt from subsection (1). However, such person must

11  comply with 49 C.F.R. parts 382, 392, and 393, and with 49

12  C.F.R. ss. 396.3(a)(1) and 396.9.

13         (j)  A person who is otherwise qualified as a driver

14  under 49 C.F.R. part 391, and who operates a commercial motor

15  vehicle in intrastate commerce only, and who does not

16  transport hazardous materials in amounts that require

17  placarding pursuant to 49 C.F.R. part 172, is shall be exempt

18  from the requirements of 49 C.F.R. part 391, subpart E, ss.

19  391.41(b)(3) and 391.43(e), relating to diabetes.

20         (5)  The Department of Transportation may adopt and

21  revise rules to assure the safe operation of commercial motor

22  vehicles. The Department of Transportation may enter into

23  cooperative agreements as provided in 49 C.F.R. part 388.

24  Department of Transportation personnel may conduct motor

25  carrier and shipper compliance reviews terminal audits only

26  for the purpose of determining compliance with this section 49

27  C.F.R. parts 171, 172, 173, 177, 178, 180, 382, 391, 393,

28  396, and 397; 49 C.F.R. s. 395.1(e)(5); and s. 627.7415.

29         Section 12.  Section 316.3025, Florida Statutes, is

30  amended to read:

31         316.3025  Penalties.--


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    CS for SB 676                                  First Engrossed



 1         (1)  A commercial motor vehicle that is found to be

 2  operating in such an unsafe condition as to be declared

 3  out-of-service or a driver declared out-of-service or removed

 4  from driving status pursuant to the North American Standard

 5  Uniform Out-of-Service Criteria must be repaired or returned

 6  to driving status before being returned to service.

 7         (2)  Any person who owns, operates, or causes or

 8  permits a commercial motor vehicle that has been declared

 9  out-of-service pursuant to the North American Standard Uniform

10  Out-of-Service Criteria to be driven before the completion of

11  required repairs is subject to the imposition of a penalty as

12  provided in 49 C.F.R. s. 383.53, in addition to any other

13  penalties imposed against him or her. Any person who operates

14  a commercial motor vehicle while he or she is declared

15  out-of-service or removed from driving status pursuant to the

16  North American Standard Uniform Out-of-Service Criteria, or

17  who causes or permits such out-of-service driver to operate a

18  commercial motor vehicle, is subject to the imposition of a

19  penalty as provided in 49 C.F.R. s. 383.53, in addition to any

20  other penalties imposed against the person.

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

22  violation of the identification requirements of 49 C.F.R. s.

23  390.21 or s. 316.302(2)(e).

24         (b)  A civil penalty of $100 may be assessed for:

25         1.  Each violation of the North American Uniform Driver

26  Out-of-Service Criteria;

27         2.  A violation of s. 316.302(2)(b) or (c); or

28         3.  A violation of 49 C.F.R. s. 392.60; or.

29         4.  A violation of the North American Standard Vehicle

30  Out-of-Service Criteria resulting from an inspection of a

31  commercial motor vehicle involved in a crash.


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    CS for SB 676                                  First Engrossed



 1         (c)  A civil penalty of $250 may be assessed for:

 2         1.  A violation of the placarding requirements of 49

 3  C.F.R. parts 171-179;

 4         2.  A violation of the shipping paper requirements of

 5  49 C.F.R. parts 171-179;

 6         3.  A violation of 49 C.F.R. s. 392.10;

 7         4.  A violation of 49 C.F.R. s. 397.5;

 8         5.  A violation of 49 C.F.R. s. 397.7;

 9         6.  A violation of 49 C.F.R. s. 397.13; or

10         7.  A violation of 49 C.F.R. s. 397.15.

11         (d)  A civil penalty of $500 may be assessed for:

12         1.  Each violation of the North American Standard

13  Hazardous Materials Out-of-Service Criteria;

14         2.  Each violation of 49 C.F.R. s. 390.19, for failure

15  of an interstate or intrastate motor carrier to register;

16         3.  Each violation of 49 C.F.R. s. 392.9a, for failure

17  of an interstate motor carrier to obtain operating authority;

18  or

19         4.  Each violation of 49 C.F.R. s. 392.9a, for

20  operating beyond the scope of an interstate motor carrier's

21  operating authority. each violation of the North American

22  Uniform Hazardous Materials Out-of-Service Criteria.

23         (e)  A civil penalty not to exceed $5,000 in the

24  aggregate may be assessed for violations found in the conduct

25  of compliance reviews terminal audits pursuant to s.

26  316.302(5). A civil penalty not to exceed $25,000 in the

27  aggregate may be assessed for violations found in a follow-up

28  compliance review conducted within a 24-month period. A civil

29  penalty not to exceed $25,000 in the aggregate may be assessed

30  and the motor carrier may be enjoined pursuant to s. 316.3026

31  if violations are found after a second follow-up compliance


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    CS for SB 676                                  First Engrossed



 1  review within 12 months after the first follow-up compliance

 2  review. Motor carriers found to be operating without insurance

 3  required by s. 627.7415 may be enjoined as provided in s.

 4  316.3026.

 5         (4)  A vehicle operated by an interstate motor carrier

 6  found to be in violation of 49 C.F.R. s. 392.9a may be placed

 7  out of service for the carrier's failure to obtain operating

 8  authority or operating beyond the scope of its operating

 9  authority.

10         (5)(4)  Whenever any person or motor carrier as defined

11  in chapter 320 violates the provisions of this section and

12  becomes indebted to the state because of such violation and

13  refuses to pay the appropriate penalty, in addition to the

14  provisions of s. 316.3026, such the penalty becomes a lien

15  upon the property including the motor vehicles of such person

16  or motor carrier and may be foreclosed by the state in a civil

17  action in any court of this state. It shall be presumed that

18  the owner of the motor vehicle is liable for the sum, and the

19  vehicle may be detained or impounded until the penalty is

20  paid.

21         (6)(5)(a)  Any officer or agent collecting the

22  penalties imposed pursuant to this section shall give to the

23  owner, motor carrier, or driver of the vehicle an official

24  receipt for all penalties collected from him or her. Only an

25  officer or agent of the Department of Transportation is

26  authorized to collect the penalty provided by this section.

27  Such officer or agent shall cooperate with the owner or driver

28  of the motor vehicle so as not to unduly delay the vehicle.

29         (b)  All penalties imposed and collected under this

30  section by any state agency having jurisdiction shall be paid

31  to the Treasurer, who shall credit the total amount collected


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    CS for SB 676                                  First Engrossed



 1  to the State Transportation Trust Fund for use in repairing

 2  and maintaining the roads of this state.

 3         (7)(6)  Any person aggrieved by the imposition of a

 4  civil penalty pursuant to this section may apply to the

 5  Commercial Motor Vehicle Review Board for a modification,

 6  cancellation, or revocation of the penalty.  The Commercial

 7  Motor Vehicle Review Board may modify, cancel, revoke, or

 8  sustain such penalty.

 9         Section 13.  Section 316.3026, Florida Statutes, is

10  amended to read:

11         316.3026  Unlawful operation of motor carriers may be

12  enjoined.--

13         (1)  The Office of Motor Carrier Compliance of the

14  Department of Transportation may issue out-of-service orders

15  to motor carriers, as defined in s. 320.01(33), who have after

16  proper notice failed to pay any penalty or fine assessed by

17  the department, or its agent, against any owner or motor

18  carrier for violations of state law, refused to submit to a

19  compliance review and provide records pursuant to s.

20  316.302(5) or s. 316.70, or violated safety regulations

21  pursuant to s. 316.302 or insurance requirements found in s.

22  627.7415. Such out-of-service orders shall have the effect of

23  prohibiting the operations of any motor vehicles owned,

24  leased, or otherwise operated by the motor carrier upon the

25  roadways of this state, until such time as the violations have

26  been corrected or penalties have been paid. Out-of-service

27  orders issued under this section must be approved by the

28  Secretary of Transportation or his or her designee. An

29  administrative hearing pursuant to s. 120.569 shall be

30  afforded to motor carriers subject to such orders.

31  


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    CS for SB 676                                  First Engrossed



 1         (2)  Any motor carrier enjoined or prohibited from

 2  operating by an out-of-service order by this state, any other

 3  state, or the Federal Motor Carrier Safety Administration may

 4  not operate on the roadways of this state until the motor

 5  carrier has been authorized to resume operations by the

 6  originating enforcement jurisdiction. Commercial motor

 7  vehicles owned or operated by any motor carrier prohibited

 8  from operation found on the roadways of this state shall be

 9  placed out of service by law enforcement officers of the

10  Department of Transportation, and the motor carrier assessed a

11  $10,000 civil penalty pursuant to 49 C.F.R. s. 383.53, in

12  addition to any other penalties imposed on the driver or other

13  responsible person. Any person who knowingly drives, operates,

14  or causes to be operated any commercial motor vehicle in

15  violation of an out-of-service order issued by the department

16  in accordance with this section commits a felony of the third

17  degree, punishable as provided in s. 775.082(3)(d). Any costs

18  associated with the impoundment or storage of such vehicles

19  are the responsibility of the motor carrier. Vehicle

20  out-of-service orders may be rescinded when the department

21  receives proof of authorization for the motor carrier to

22  resume operation.

23         (3)  In addition to the sanctions found in subsections

24  (1) and (2), the Department of Transportation may petition the

25  circuit courts of this state to enjoin any motor carrier from

26  operating when it fails to comply with out-of-service orders

27  issued by a competent authority within or outside this state.

28  Any motor carrier which operates a commercial motor vehicle

29  upon the highways of this state in violation of the provisions

30  of this chapter may be enjoined by the courts of this state

31  


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    CS for SB 676                                  First Engrossed



 1  from any such violation.  Such injunctive proceeding may be

 2  instituted by the Department of Transportation.

 3         Section 14.  Section 316.3027, Florida Statutes, is

 4  repealed.

 5         Section 15.  Paragraph (b) of subsection (3) of section

 6  316.515, Florida Statutes, is amended to read:

 7         316.515  Maximum width, height, length.--

 8         (3)  LENGTH LIMITATION.--Except as otherwise provided

 9  in this section, length limitations apply solely to a

10  semitrailer or trailer, and not to a truck tractor or to the

11  overall length of a combination of vehicles.  No combination

12  of commercial motor vehicles coupled together and operating on

13  the public roads may consist of more than one truck tractor

14  and two trailing units. Unless otherwise specifically provided

15  for in this section, a combination of vehicles not qualifying

16  as commercial motor vehicles may consist of no more than two

17  units coupled together; such nonqualifying combination of

18  vehicles may not exceed a total length of 65 feet, inclusive

19  of the load carried thereon, but exclusive of safety and

20  energy conservation devices approved by the department for use

21  on vehicles using public roads. Notwithstanding any other

22  provision of this section, a truck tractor-semitrailer

23  combination engaged in the transportation of automobiles or

24  boats may transport motor vehicles or boats on part of the

25  power unit; and, except as may otherwise be mandated under

26  federal law, an automobile or boat transporter semitrailer may

27  not exceed 50 feet in length, exclusive of the load; however,

28  the load may extend up to an additional 6 feet beyond the rear

29  of the trailer.  The 50-feet length limitation does not apply

30  to non-stinger-steered automobile or boat transporters that

31  are 65 feet or less in overall length, exclusive of the load


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    CS for SB 676                                  First Engrossed



 1  carried thereon, or to stinger-steered automobile or boat

 2  transporters that are 75 feet or less in overall length,

 3  exclusive of the load carried thereon. For purposes of this

 4  subsection, a "stinger-steered automobile or boat transporter"

 5  is an automobile or boat transporter configured as a

 6  semitrailer combination wherein the fifth wheel is located on

 7  a drop frame located behind and below the rearmost axle of the

 8  power unit. Notwithstanding paragraphs (a) and (b), any

 9  straight truck or truck tractor-semitrailer combination

10  engaged in the transportation of horticultural trees may allow

11  the load to extend up to an additional 10 feet beyond the rear

12  of the vehicle, provided said trees are resting against a

13  retaining bar mounted above the truck bed so that the root

14  balls of the trees rest on the floor and to the front of the

15  truck bed and the tops of the trees extend up over and to the

16  rear of the truck bed, and provided the overhanging portion of

17  the load is covered with protective fabric.

18         (b)  Semitrailers.--

19         1.  A semitrailer operating in a truck

20  tractor-semitrailer combination may not exceed 48 feet in

21  extreme overall outside dimension, measured from the front of

22  the unit to the rear of the unit and the load carried thereon,

23  exclusive of safety and energy conservation devices approved

24  by the department for use on vehicles using public roads,

25  unless it complies with subparagraph 2.  A semitrailer which

26  exceeds 48 feet in length and is used to transport divisible

27  loads may operate in this state only if issued a permit under

28  s. 316.550 and if such trailer meets the requirements of this

29  chapter relating to vehicle equipment and safety.  Except for

30  highways on the tandem trailer truck highway network, public

31  roads deemed unsafe for longer semitrailer vehicles or those


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    CS for SB 676                                  First Engrossed



 1  roads on which such longer vehicles are determined not to be

 2  in the interest of public convenience shall, in conformance

 3  with s. 316.006, be restricted by the Department of

 4  Transportation or by the local authority to use by

 5  semitrailers not exceeding a length of 48 feet, inclusive of

 6  the load carried thereon but exclusive of safety and energy

 7  conservation devices approved by the department for use on

 8  vehicles using public roads. Truck tractor-semitrailer

 9  combinations shall be afforded reasonable access to terminals;

10  facilities for food, fuel, repairs, and rest; and points of

11  loading and unloading.

12         2.  A semitrailer which is more than 48 feet but not

13  more than 53 feet in extreme overall outside dimension, as

14  measured pursuant to subparagraph 1., may operate on public

15  roads, except roads on the State Highway System which are

16  restricted by the Department of Transportation or other roads

17  restricted by local authorities, if:

18         a.  The distance between the kingpin or other peg that

19  which locks into the fifth wheel of a truck tractor and the

20  center of the rear axle or rear group of axles does not exceed

21  41 feet, or, in the case of a semitrailer used exclusively or

22  primarily to transport vehicles in connection with motorsports

23  competition events, the distance does not exceed 46 feet from

24  the kingpin to the center of the rear axles; and

25         b.  It is equipped with a substantial rear-end

26  underride protection device meeting the requirements of 49

27  C.F.R. s. 393.86, "Rear End Protection."

28         Section 16.  Subsections (5), (6), and (10) of section

29  316.545, Florida Statutes, are amended to read:

30         316.545  Weight and load unlawful; special fuel and

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


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    CS for SB 676                                  First Engrossed



 1         (5)  Whenever any person violates the provisions of

 2  this chapter and becomes indebted to the state because of such

 3  violation in the amounts aforesaid and refuses to pay said

 4  penalty, in addition to the provisions of s. 316.3026, such

 5  penalty shall become a lien upon the motor vehicle, and the

 6  same may be foreclosed by the state in a court of equity. It

 7  shall be presumed that the owner of the motor vehicle is

 8  liable for the sum.  Any person, firm, or corporation claiming

 9  an interest in the seized motor vehicle may, at any time after

10  the lien of the state attaches to the motor vehicle, obtain

11  possession of the seized vehicle by filing a good and

12  sufficient forthcoming bond with the officer having possession

13  of the vehicle, payable to the Governor of the state in twice

14  the amount of the state's lien, with a corporate surety duly

15  authorized to transact business in this state as surety,

16  conditioned to have the motor vehicle or combination of

17  vehicles forthcoming to abide the result of any suit for the

18  foreclosure of such lien.  It shall be presumed that the owner

19  of the motor vehicle is liable for the penalty imposed under

20  this section. Upon the posting of such bond with the officer

21  making the seizure, the vehicle shall be released and the bond

22  shall be forwarded to the Department of Transportation for

23  safekeeping.  The lien of the state against the motor vehicle

24  aforesaid shall be foreclosed in equity, and the ordinary

25  rules of court relative to proceedings in equity shall

26  control.  If it appears that the seized vehicle has been

27  released to the defendant upon his or her forthcoming bond,

28  the state shall take judgment of foreclosure against the

29  property itself, and judgment against the defendant and the

30  sureties on the bond for the amount of the lien, including

31  cost of proceedings.  After the rendition of the decree, the


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    CS for SB 676                                  First Engrossed



 1  state may, at its option, proceed to sue out execution against

 2  the defendant and his or her sureties for the amount recovered

 3  as aforesaid or direct the sale of the vehicle under

 4  foreclosure.

 5         (6)  Any officer or agent collecting the penalties

 6  herein imposed shall give to the owner or driver of the

 7  vehicle an official receipt for all penalties collected.  Such

 8  officers or agents of the state departments shall cooperate

 9  with the owners or drivers of motor vehicles so as not to

10  delay unduly the vehicles. All penalties imposed and collected

11  under this section by any state agency having jurisdiction

12  shall be paid to the Treasurer, who shall credit the total

13  amount thereof to the State Transportation Trust Fund, which

14  shall be used to repair and maintain the roads of this state

15  and to enforce this section.

16         (10)  The Department of Transportation may employ

17  weight inspectors to operate its fixed-scale facilities.

18  Weight inspectors on duty at a fixed-scale facility are

19  authorized to enforce the laws governing commercial motor

20  vehicle weight, registration, size, and load and to assess and

21  collect civil penalties for violations of said laws.  A weight

22  inspector may detain a commerical motor vehicle that has an

23  obvious safety defect critical to the continued safe operation

24  of the vehicle or that is operating in violation of an

25  out-of-service order as reported on the federal Safety and

26  Fitness Electronic Records database. The weight inspector may

27  immediately summon a law enforcement officer of the Department

28  of Transportation, or other law enforcement officer authorized

29  by s. 316.640 to enforce the traffic laws of this state, to

30  take appropriate enforcement action. The vehicle shall be

31  released if the defect is repaired prior to the arrival of a


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    CS for SB 676                                  First Engrossed



 1  law enforcement officer. Weight inspectors shall not be

 2  classified as law enforcement officers subject to

 3  certification requirements of chapter 943, and are not

 4  authorized to carry weapons or make arrests.  Any person who

 5  obstructs, opposes, or resists a weight inspector in the

 6  performance of the duties herein prescribed shall be guilty of

 7  an offense as described in subsection (1) for obstructing,

 8  opposing, or resisting a law enforcement officer.

 9         Section 17.  Subsection (3) of section 316.610, Florida

10  Statutes, is repealed.

11         Section 18.  Paragraph (a) of subsection (1) of section

12  316.640, Florida Statutes, is amended to read:

13         316.640  Enforcement.--The enforcement of the traffic

14  laws of this state is vested as follows:

15         (1)  STATE.--

16         (a)1.

17         a.  The Division of Florida Highway Patrol of the

18  Department of Highway Safety and Motor Vehicles, the Division

19  of Law Enforcement of the Fish and Wildlife Conservation

20  Commission, the Division of Law Enforcement of the Department

21  of Environmental Protection, and law enforcement officers of

22  the Department of Transportation each have authority to

23  enforce all of the traffic laws of this state on all the

24  streets and highways thereof and elsewhere throughout the

25  state wherever the public has a right to travel by motor

26  vehicle. The Division of the Florida Highway Patrol may employ

27  as a traffic accident investigation officer any individual who

28  successfully completes instruction in traffic accident

29  investigation and court presentation through the Selective

30  Traffic Enforcement Program as approved by the Criminal

31  Justice Standards and Training Commission and funded through


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    CS for SB 676                                  First Engrossed



 1  the National Highway Traffic Safety Administration or a

 2  similar program approved by the commission, but who does not

 3  necessarily meet the uniform minimum standards established by

 4  the commission for law enforcement officers or auxiliary law

 5  enforcement officers under chapter 943. Any such traffic

 6  accident investigation officer who makes an investigation at

 7  the scene of a traffic accident may issue traffic citations,

 8  based upon personal investigation, when he or she has

 9  reasonable and probable grounds to believe that a person who

10  was involved in the accident committed an offense under this

11  chapter, chapter 319, chapter 320, or chapter 322 in

12  connection with the accident. This paragraph does not permit

13  the carrying of firearms or other weapons, nor do such

14  officers have arrest authority.

15         b.  University police officers shall have authority to

16  enforce all of the traffic laws of this state when such

17  violations occur on or about any property or facilities that

18  are under the guidance, supervision, regulation, or control of

19  a state university, a direct-support organization of such

20  state university, or any other organization controlled by the

21  state university or a direct-support organization of the state

22  university, except that traffic laws may be enforced

23  off-campus when hot pursuit originates on or adjacent to any

24  such property or facilities.

25         c.  Community college police officers shall have the

26  authority to enforce all the traffic laws of this state only

27  when such violations occur on any property or facilities that

28  are under the guidance, supervision, regulation, or control of

29  the community college system.

30         d.  Police officers employed by an airport authority

31  shall have the authority to enforce all of the traffic laws of


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    CS for SB 676                                  First Engrossed



 1  this state only when such violations occur on any property or

 2  facilities that are owned or operated by an airport authority.

 3         (I)  An airport authority may employ as a parking

 4  enforcement specialist any individual who successfully

 5  completes a training program established and approved by the

 6  Criminal Justice Standards and Training Commission for parking

 7  enforcement specialists but who does not otherwise meet the

 8  uniform minimum standards established by the commission for

 9  law enforcement officers or auxiliary or part-time officers

10  under s. 943.12. Nothing in this sub-sub-subparagraph shall be

11  construed to permit the carrying of firearms or other weapons,

12  nor shall such parking enforcement specialist have arrest

13  authority.

14         (II)  A parking enforcement specialist employed by an

15  airport authority is authorized to enforce all state, county,

16  and municipal laws and ordinances governing parking only when

17  such violations are on property or facilities owned or

18  operated by the airport authority employing the specialist, by

19  appropriate state, county, or municipal traffic citation.

20         e.  The Office of Agricultural Law Enforcement of the

21  Department of Agriculture and Consumer Services shall have the

22  authority to enforce traffic laws of this state.

23         f.  School safety officers shall have the authority to

24  enforce all of the traffic laws of this state when such

25  violations occur on or about any property or facilities which

26  are under the guidance, supervision, regulation, or control of

27  the district school board.

28         2.  An agency of the state as described in subparagraph

29  1. is prohibited from establishing a traffic citation quota. A

30  violation of this subparagraph is not subject to the penalties

31  provided in chapter 318.


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    CS for SB 676                                  First Engrossed



 1         3.  Any disciplinary action taken or performance

 2  evaluation conducted by an agency of the state as described in

 3  subparagraph 1. of a law enforcement officer's traffic

 4  enforcement activity must be in accordance with written

 5  work-performance standards. Such standards must be approved by

 6  the agency and any collective bargaining unit representing

 7  such law enforcement officer. A violation of this subparagraph

 8  is not subject to the penalties provided in chapter 318.

 9         4.  The Division of the Florida Highway Patrol may

10  employ as a traffic accident investigation officer any

11  individual who successfully completes instruction in traffic

12  accident investigation and court presentation through the

13  Selective Traffic Enforcement Program as approved by the

14  Criminal Justice Standards and Training Commission and funded

15  through the National Highway Traffic Safety Administration or

16  a similar program approved by the commission, but who does not

17  necessarily meet the uniform minimum standards established by

18  the commission for law enforcement officers or auxiliary law

19  enforcement officers under chapter 943. Any such traffic

20  accident investigation officer who makes an investigation at

21  the scene of a traffic accident may issue traffic citations,

22  based upon personal investigation, when he or she has

23  reasonable and probable grounds to believe that a person who

24  was involved in the accident committed an offense under this

25  chapter, chapter 319, chapter 320, or chapter 322 in

26  connection with the accident. This subparagraph does not

27  permit the officer to carry firearms or other weapons and such

28  an officer does not have authority to make arrests.

29         Section 19.  Subsection (3) of section 316.650, Florida

30  Statutes, is amended to read:

31         316.650  Traffic citations.--


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    CS for SB 676                                  First Engrossed



 1         (3)(a)  Except for a traffic citation issued pursuant

 2  to s. 316.1001, each Every traffic enforcement officer, upon

 3  issuing a traffic citation to an alleged violator of any

 4  provision of the motor vehicle laws of this state or of any

 5  traffic ordinance of any city or town, shall deposit the

 6  original and one copy of such traffic citation or, in the case

 7  of a traffic enforcement agency which has an automated

 8  citation issuance system, shall provide an electronic

 9  facsimile with a court having jurisdiction over the alleged

10  offense or with its traffic violations bureau within 5 days

11  after issuance to the violator.

12         (b)  If a traffic citation is issued pursuant to s.

13  316.1001, a traffic enforcement officer may deposit the

14  original and one copy of such traffic citation or, in the case

15  of a traffic enforcement agency that has an automated citation

16  system, may provide an electronic facsimile with a court

17  having jurisdiction over the alleged offense or with its

18  traffic violations bureau within 45 days after the date of

19  issuance of the citation to the violator.

20         Section 20.  Subsection (2) of section 316.70, Florida

21  Statutes, is amended to read:

22         316.70  Nonpublic sector buses; safety rules.--

23         (2)  Department of Transportation personnel may conduct

24  compliance reviews for the purpose of determining compliance

25  with this section. A civil penalty not to exceed $5,000 in the

26  aggregate may be assessed against any person who violates any

27  provision of this section or who violates any rule or order of

28  the Department of Transportation. A civil penalty not to

29  exceed $25,000 in the aggregate may be assessed for violations

30  found in a follow-up compliance review conducted within a

31  24-month period. A civil penalty not to exceed $25,000 in the


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    CS for SB 676                                  First Engrossed



 1  aggregate may be assessed and the motor carrier may be

 2  enjoined pursuant to s. 316.3026 if violations are found after

 3  a second follow-up compliance review within 12 months after

 4  the first follow-up compliance review. Motor carriers found to

 5  be operating without insurance coverage required by s. 627.742

 6  or 49 C.F.R. part 387 may be enjoined as provided in s.

 7  316.3026. The Department of Transportation may assess a civil

 8  penalty of up to $5,000 per infraction against any person who

 9  violates any provision of this section or who violates any

10  rule or order of the department.

11         Section 21.  Subsection (4) of section 318.14, Florida

12  Statutes, is amended, and subsection (12) is added to that

13  section, to read:

14         318.14  Noncriminal traffic infractions; exception;

15  procedures.--

16         (4)  Except as provided in subsection (12), any person

17  charged with a noncriminal infraction under this section who

18  does not elect to appear shall pay the civil penalty and

19  delinquent fee, if applicable, either by mail or in person,

20  within 30 days after the date of issuance of receiving the

21  citation.  If the person cited follows the above procedure, he

22  or she shall be deemed to have admitted the infraction and to

23  have waived his or her right to a hearing on the issue of

24  commission of the infraction.  Such admission shall not be

25  used as evidence in any other proceedings.  Any person who is

26  cited for a violation of s. 320.0605 or s. 322.15(1), or

27  subject to a penalty under s. 320.07(3)(a) or (b) or s.

28  322.065, and who makes an election under this subsection shall

29  submit proof of compliance with the applicable section to the

30  clerk of the court. For the purposes of this subsection, proof

31  


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    CS for SB 676                                  First Engrossed



 1  of compliance consists of a valid driver's license or a valid

 2  registration certificate.

 3         (12)  Any person cited for a violation of s. 316.1001

 4  may, in lieu of making an election as set forth in subsection

 5  (4) or s. 318.18(7), elect to pay his or her fine directly to

 6  the governmental entity that issued the citation, within 30

 7  days after the date of issuance of the citation. Any person

 8  cited for a violation of s. 316.1001 who does not elect to pay

 9  the fine directly to the governmental entity that issued the

10  citation as described in this section shall have an additional

11  45 days after the date of the issuance of the citation in

12  which to pay the civil penalty and delinquent fee, if

13  applicable, as provided in s. 318.18(7), either by mail or in

14  person, in accordance with subsection (4).

15         Section 22.  Effective October 1, 2003, section 330.27,

16  Florida Statutes, is amended to read:

17         330.27  Definitions, when used in ss. 330.29-330.36,

18  330.38, 330.39.--

19         (1)  "Aircraft" means a powered or unpowered machine or

20  device capable of atmospheric flight any motor vehicle or

21  contrivance now known, or hereafter invented, which is used or

22  designed for navigation of or flight in the air, except a

23  parachute or other such device contrivance designed for such

24  navigation but used primarily as safety equipment.

25         (2)  "Airport" means an any area of land or water, or

26  any manmade object or facility located thereon, which is used

27  for, or intended to be used for, use, for the landing and

28  takeoff of aircraft, including and any appurtenant areas,

29  which are used, or intended for use, for airport buildings, or

30  other airport facilities, or rights-of-way necessary to

31  


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    CS for SB 676                                  First Engrossed



 1  facilitate such use or intended use, together with all airport

 2  buildings and facilities located thereon.

 3         (3)  "Airport hazard" means any structure, object of

 4  natural growth, or use of land which obstructs the airspace

 5  required for the flight of aircraft in landing or taking off

 6  at an airport or which is otherwise hazardous to such landing

 7  or taking off.

 8         (4)  "Aviation" means the science and art of flight and

 9  includes, but is not limited to, transportation by aircraft;

10  the operation, construction, repair, or maintenance of

11  aircraft, aircraft power plants, and accessories, including

12  the repair, packing, and maintenance of parachutes; the

13  design, establishment, construction, extension, operation,

14  improvement, repair, or maintenance of airports or other air

15  navigation facilities; and instruction in flying or ground

16  subjects pertaining thereto.

17         (3)(5)  "Department" means the Department of

18  Transportation.

19         (4)(6)  "Limited airport" means any an airport,

20  publicly or privately owned, limited exclusively to the

21  specific conditions stated on the site approval order or

22  license.

23         (7)  "Operation of aircraft" or "operate aircraft"

24  means the use, navigation, or piloting of aircraft in the

25  airspace over this state or upon any airport within this

26  state.

27         (8)  "Political subdivision" means any county,

28  municipality, district, port or aviation commission or

29  authority, or similar entity authorized to establish or

30  operate an airport in this state.

31  


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    CS for SB 676                                  First Engrossed



 1         (5)(9)  "Private airport" means an airport, publicly or

 2  privately owned, which is not open or available for use by the

 3  public, used primarily by the licensee but may be made which

 4  is available to others for use by invitation of the owner or

 5  manager licensee. Services may be provided if authorized by

 6  the department.

 7         (6)(10)  "Public airport" means an airport, publicly or

 8  privately owned, which meets minimum safety and service

 9  standards and is open for use by the public.

10         (7)(11)  "Temporary airport" means any an airport,

11  publicly or privately owned, that will be used for a period of

12  less than 30 90 days with no more than 10 operations per day.

13         (8)(12)  "Ultralight aircraft" means any

14  heavier-than-air, motorized aircraft meeting which meets the

15  criteria for maximum weight, fuel capacity, and airspeed

16  established for such aircraft by the Federal Aviation

17  Administration under Part 103 of the Federal Aviation

18  Regulations.

19         Section 23.  Effective October 1, 2003, section 330.29,

20  Florida Statutes, is amended to read:

21         330.29  Administration and enforcement; rules;

22  requirements standards for airport sites and airports.--It is

23  the duty of the department to:

24         (1)  Administer and enforce the provisions of this

25  chapter.

26         (2)  Establish requirements for airport site approval,

27  licensure, and registration minimum standards for airport

28  sites and airports under its licensing jurisdiction.

29         (3)  Establish and maintain a state aviation facility

30  data system to facilitate licensing and registration of all

31  airports.


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    CS for SB 676                                  First Engrossed



 1         (4)(3)  Adopt rules pursuant to ss. 120.536(1) and

 2  120.54 to implement the provisions of this chapter.

 3         Section 24.  Effective October 1, 2003, section 330.30,

 4  Florida Statutes, is amended to read:

 5         330.30  Approval of airport sites; registration and

 6  licensure licensing of airports; fees.--

 7         (1)  SITE APPROVALS; REQUIREMENTS, FEES, EFFECTIVE

 8  PERIOD, REVOCATION.--

 9         (a)  Except as provided in subsection (3), the owner or

10  lessee of any proposed airport shall, prior to site the

11  acquisition of the site or prior to the construction or

12  establishment of the proposed airport, obtain approval of the

13  airport site from the department. Applications for approval of

14  a site and for an original license shall be jointly made in on

15  a form and manner prescribed by the department and shall be

16  accompanied by a site approval fee of $100. The department,

17  after inspection of the airport site, shall grant the site

18  approval if it is satisfied:

19         1.  That the site has is adequate area allocated for

20  the airport as proposed. airport;

21         2.  That the proposed airport, if constructed or

22  established, will conform to licensing or registration

23  requirements minimum standards of safety and will comply with

24  the applicable local government land development regulations

25  or county or municipal zoning requirements.;

26         3.  That all affected nearby airports, local

27  governments municipalities, and property owners have been

28  notified and any comments submitted by them have been given

29  adequate consideration.; and

30  

31  


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    CS for SB 676                                  First Engrossed



 1         4.  That safe air-traffic patterns can be established

 2  worked out for the proposed airport with and for all existing

 3  airports and approved airport sites in its vicinity.

 4         (b)  Site approval shall be granted for public airports

 5  only after a favorable department inspection of the proposed

 6  site.

 7         (c)  Site approval shall be granted for private

 8  airports only after receipt of documentation in a form and

 9  manner the department deems necessary to satisfy the

10  conditions in paragraph (a).

11         (d)(b)  Site approval may be granted subject to any

12  reasonable conditions which the department deems may deem

13  necessary to protect the public health, safety, or welfare.

14         (e)  Such Approval shall remain valid in effect for a

15  period of 2 years after the date of issue issuance of the site

16  approval order, unless sooner revoked by the department or

17  unless, prior to the expiration of the 2-year period, a public

18  airport license is issued or private airport registration

19  completed for an airport located on the approved site has been

20  issued pursuant to subsection (2) prior to the expiration

21  date.

22         (f)  The department may extend a site approval may be

23  extended for subsequent periods of 2 years per extension for a

24  maximum of 2 years upon good cause shown by the owner or

25  lessee of the airport site.

26         (g)(c)  The department may revoke a site such approval

27  if it determines:

28         1.  That there has been an abandonment of the site has

29  been abandoned as an airport site;

30         2.  That there has been a failure within a reasonable

31  time to develop the site has not been developed as an airport


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    CS for SB 676                                  First Engrossed



 1  within a reasonable time period or development does not to

 2  comply with the conditions of the site approval;

 3         3.  That, except as required for in-flight emergencies,

 4  the operation of aircraft have operated of a nonemergency

 5  nature has occurred on the site; or

 6         4.  That, because of changed physical or legal

 7  conditions or circumstances, the site is no longer usable for

 8  the aviation purposes due to physical or legal changes in

 9  conditions that were the subject of the for which the approval

10  was granted.

11         (2)  LICENSES AND REGISTRATIONS; REQUIREMENTS, FEES,

12  RENEWAL, REVOCATION.--

13         (a)  Except as provided in subsection (3), the owner or

14  lessee of any an airport in this state shall have either a

15  public airport must obtain a license or private airport

16  registration prior to the operation of aircraft to or from the

17  facility on the airport. An Application for a such license or

18  registration shall be made in on a form and manner prescribed

19  by the department and shall be accomplished jointly with an

20  application for site approval. Upon granting site approval:,

21  making a favorable final airport inspection report indicating

22  compliance with all license requirements, and receiving the

23  appropriate license fee, the department shall issue a license

24  to the applicant, subject to any reasonable conditions that

25  the department may deem necessary to protect the public

26  health, safety, or welfare.

27         1.  For a public airport, the department shall issue a

28  license after a final airport inspection finds the facility to

29  be in compliance with all requirements for the license. The

30  license may be subject to any reasonable conditions that the

31  


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    CS for SB 676                                  First Engrossed



 1  department may deem necessary to protect the public health,

 2  safety, or welfare.

 3         2.  For a private airport, the department shall provide

 4  controlled electronic access to the state aviation facility

 5  data system to permit the applicant to complete the

 6  registration process. Registration shall be completed upon

 7  self-certification by the registrant of operational and

 8  configuration data deemed necessary by the department.

 9         (b)  The department may is authorized to license a

10  public an airport that does not meet all of the minimum

11  standards only if it determines that such exception is

12  justified by unusual circumstances or is in the interest of

13  public convenience and does not endanger the public health,

14  safety, or welfare. Such a license shall bear the designation

15  "special" and shall state the conditions subject to which the

16  license is granted.

17         (c)  The department may license a public airport or a

18  private airport may register authorize a site as a temporary

19  airport provided if it finds, after inspection of the site,

20  that the airport will not endanger the public health, safety,

21  or welfare and the airport meets the temporary airport

22  requirements established by the department. A temporary

23  airport license or registration shall be valid for less Such

24  authorization shall expire not later than 30 90 days after

25  issuance and is not renewable.

26         (d)  The license fees for the four categories of

27  airport licenses are:

28         1.  Public airport: $100.

29         2.  Private airport: $70.

30         3.  Limited airport: $50.

31         4.  Temporary airport: $25.


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    CS for SB 676                                  First Engrossed



 1  

 2  Airports owned or operated by the state, a county, or a

 3  municipality and emergency helistops operated by licensed

 4  hospitals are required to be licensed but are exempt from the

 5  payment of site approval fees and annual license fees.

 6         (d)(e)1.  Each public airport license shall will expire

 7  no later than 1 year after the effective date of the license,

 8  except that the expiration date of a license may be adjusted

 9  to provide a maximum license period of 18 months to facilitate

10  airport inspections, recognize seasonal airport operations, or

11  improve administrative efficiency. If the expiration date for

12  a public airport is adjusted, the appropriate license fee

13  shall be determined by prorating the annual fee based on the

14  length of the adjusted license period.

15         2.  Registration The license period for private all

16  airports shall remain valid provided specific elements of

17  airport data, established by the department, are periodically

18  recertified by the airport registrant. The ability to

19  recertify private airport registration data shall be available

20  at all times by electronic submittal. A private airport

21  registration that has not been recertified in the 24-month

22  period following the last certification shall expire, unless

23  the registration period has been adjusted by the department

24  for purposes of informing private airport owners of their

25  registration responsibilities or promoting administrative

26  efficiency. The expiration date of the current registration

27  period will be clearly identifiable from the state aviation

28  facility data system other than public airports will be set by

29  the department, but shall not exceed a period of 5 years. In

30  determining the license period for such airports, the

31  department shall consider the number of based aircraft, the


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    CS for SB 676                                  First Engrossed



 1  airport location relative to adjacent land uses and other

 2  airports, and any other factors deemed by the department to be

 3  critical to airport operation and safety.

 4         3.  The effective date and expiration date shall be

 5  shown on public airport licenses stated on the face of the

 6  license. Upon receiving an application for renewal of an

 7  airport a license in on a form and manner prescribed by the

 8  department and receiving, making a favorable inspection report

 9  indicating compliance with all applicable requirements and

10  conditions, and receiving the appropriate annual license fee,

11  the department shall renew the license, subject to any

12  conditions deemed necessary to protect the public health,

13  safety, or welfare.

14         4.  The department may require a new site approval for

15  any an airport if the license or registration of the airport

16  has expired not been renewed by the expiration date.

17         5.  If the renewal application for a public airport

18  license has and fees have not been received by the department

19  or no private airport registration recertification has been

20  accomplished within 15 days after the date of expiration of

21  the license, the department may revoke close the airport

22  license or registration.

23         (e)(f)  The department may revoke, or refuse to allow

24  or issue, any airport registration or recertification, or any

25  license or license renewal thereof, or refuse to issue a

26  renewal, if it determines:

27         1.  That the site there has been abandoned as an

28  abandonment of the airport as such;

29         2.  That the airport does not there has been a failure

30  to comply with the conditions of the license, license or

31  renewal, or site approval thereof; or


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    CS for SB 676                                  First Engrossed



 1         3.  That, because of changed physical or legal

 2  conditions or circumstances, the airport has become either

 3  unsafe or unusable for flight operation due to physical or

 4  legal changes in conditions that were the subject of approval

 5  the aeronautical purposes for which the license or renewal was

 6  issued.

 7         (3)  EXEMPTIONS.--The provisions of this section do not

 8  apply to:

 9         (a)  An airport owned or operated by the United States.

10         (b)  An ultralight aircraft landing area; except that

11  any public ultralight airport located more than within 5

12  nautical miles from a of another public airport or military

13  airport, except or any ultralight landing area with more than

14  10 ultralight aircraft operating at from the site is subject

15  to the provisions of this section.

16         (c)  A helistop used solely in conjunction with a

17  construction project undertaken pursuant to the performance of

18  a state contract if the purpose of the helicopter operations

19  at the site is to expedite construction.

20         (d)  An airport under the jurisdiction or control of a

21  county or municipal aviation authority or a county or

22  municipal port authority or the Florida Space Authority;

23  however, the department shall license any such airport if such

24  authority does not elect to exercise its exemption under this

25  subsection.

26         (d)(e)  A helistop used by mosquito control or

27  emergency services, not to include areas where permanent

28  facilities are installed, such as hospital landing sites.

29         (e)(f)  An airport which meets the criteria of s.

30  330.27(7)(11) used exclusively for aerial application or

31  spraying of crops on a seasonal basis, not to include any


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 1  licensed airport where permanent crop aerial application or

 2  spraying facilities are installed, if the period of operation

 3  does not exceed 30 days per calendar year. Such proposed

 4  airports, which will be located within 3 miles of existing

 5  airports or approved airport sites, shall establish work out

 6  safe air-traffic patterns with such existing airports or

 7  approved airport sites, by memorandums of understanding, or by

 8  letters of agreement between the parties representing the

 9  airports or sites.

10         (f)  Any body of water used for the takeoff and landing

11  of aircraft, including any land, building, structure, or any

12  other contrivance that facilitates private use or intended

13  private use.

14         (4)  EXCEPTIONS.--Private airports with 10 or more

15  based aircraft may request to be inspected and licensed by the

16  department. Private airports licensed according to this

17  subsection shall be considered private airports as defined in

18  s. 330.27(5) in all other respects.

19         Section 25.  Effective October 1, 2003, section 330.35,

20  Florida Statutes, is amended to read:

21         330.35  Airport zoning, approach zone protection.--

22         (1)  Nothing in ss. 330.29-330.36, 330.38, and 330.39

23  shall be construed to limit any right, power, or authority of

24  the state or a political subdivision to regulate airport

25  hazards by zoning.

26         (2)  Airports licensed for general public use under the

27  provisions of s. 330.30 are eligible for airport zoning

28  approach zone protection, and the procedure shall be the same

29  as is prescribed in chapter 333.

30         (3)  The department is granted all powers conferred

31  upon political subdivisions of this state by chapter 333 to


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    CS for SB 676                                  First Engrossed



 1  regulate airport hazards at state-owned public airports. The

 2  procedure shall be to form a joint zoning board with the

 3  political subdivision of the state in which the state-owned

 4  public airport is located as prescribed in chapter 333.

 5         Section 26.  Effective October 1, 2003, subsection (2)

 6  of section 330.36, Florida Statutes, is amended to read:

 7         330.36  Prohibition against county or municipal

 8  licensing of airports; regulation of seaplane landings.--

 9         (2)  Upon adoption of zoning requirements in compliance

10  with subsection (1), a municipality may prohibit or otherwise

11  regulate, for specified public health and safety purposes, the

12  landing of seaplanes in and upon any public waters of the

13  state which are located within the limits or jurisdiction of,

14  or bordering on, the municipality.

15         Section 27.  Subsection (1) of section 288.075, Florida

16  Statutes, is amended to read:

17         288.075  Confidentiality of records.--

18         (1)  As used in this section, the term "economic

19  development agency" means the Office of Tourism, Trade, and

20  Economic Development, any industrial development authority

21  created in accordance with part III of chapter 159 or by

22  special law, the Florida Space Authority created in part II of

23  chapter 331, the Florida Aerospace Finance Commercial Space

24  Financing Corporation created in part III of chapter 331, the

25  public economic development agency of a county or

26  municipality, or any research and development authority

27  created in accordance with part V of chapter 159. The term

28  also includes any private agency, person, partnership,

29  corporation, or business entity when authorized by the state,

30  a municipality, or a county to promote the general business

31  


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    CS for SB 676                                  First Engrossed



 1  interests or industrial interests of the state or that

 2  municipality or county.

 3         Section 28.  Subsection (16) of section 331.303,

 4  Florida Statutes, is amended to read:

 5         331.303  Definitions.--

 6         (16)  "Project" means any development, improvement,

 7  property, launch, utility, facility, system, works, road,

 8  sidewalk, enterprise, service, or convenience, which may

 9  include coordination with Enterprise Florida, Inc., the Board

10  of Education Regents, and the Space Research Foundation the

11  Florida Aerospace Finance Corporation, and the Florida Space

12  Research Institute; any rocket, capsule, module, launch

13  facility, assembly facility, operations or control facility,

14  tracking facility, administrative facility, or any other type

15  of space-related transportation vehicle, station, or facility;

16  any type of equipment or instrument to be used or useful in

17  connection with any of the foregoing; any type of intellectual

18  property and intellectual property protection in connection

19  with any of the foregoing including, without limitation, any

20  patent, copyright, trademark, and service mark for, among

21  other things, computer software; any water, wastewater, gas,

22  or electric utility system, plant, or distribution or

23  collection system; any small business incubator initiative,

24  including any startup aerospace company, research and

25  development company, research and development facility,

26  education and workforce training facility, storage facility,

27  and consulting service; or any tourism initiative, including

28  any space experience attraction, space-launch-related

29  activity, and space museum sponsored or promoted by the

30  authority.

31  


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    CS for SB 676                                  First Engrossed



 1         Section 29.  Section 331.308, Florida Statutes, is

 2  amended to read:

 3         331.308  Board of supervisors.--

 4         (1)  There is created within the Florida Space

 5  Authority a board of supervisors consisting of eight regular

 6  members, who shall be appointed by the Governor, and two ex

 7  officio nonvoting members, one of whom shall be a state

 8  senator selected by the President of the Senate and one of

 9  whom shall be a state representative selected by the Speaker

10  of the House of Representatives. The Lieutenant Governor, who

11  is the state's space policy leader, shall serve as chair of

12  the board of supervisors, and shall cast the deciding vote if

13  the votes of the eight regular members result in a tie. The

14  board shall elect a vice-chair to preside in the absence of

15  the Lieutenant Governor and to perform such other duties as

16  may be designated. All regular members shall be subject to

17  confirmation by the Senate at the next regular session of the

18  Legislature. Existing board members are not prohibited from

19  reappointment. Each of the regular board members must be a

20  resident of the state and must have experience in the

21  aerospace or commercial space industry or in finance or have

22  other significant relevant experience. A private sector legal

23  entity may not have more than one person serving on the board

24  at any one time. One regular member shall represent organized

25  labor interests, one regular member shall represent minority

26  interests, and four regular members must represent space

27  industry, at least one of whom must also be from a small

28  business, as defined in s. 288.703. For the purpose of this

29  section, "space industry" includes private sector entities

30  engaged in space flight business, as defined in s. 212.031,

31  research and technology development of space-based products


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    CS for SB 676                                  First Engrossed



 1  and services, space station commercialization, development of

 2  spaceport and range technology, remote sensing products and

 3  services, space biotechnology, measurement and calibration of

 4  space assets, space-related software and information

 5  technology development, design and architecture of space-based

 6  assets and facilities for manufacturing and other purposes,

 7  space-related nanotechnology, space tourism, and other

 8  commercial enterprises utilizing uniquely space-based

 9  capabilities.

10         (2)  Each regular member shall serve a term of 4 years

11  or until a successor is appointed and qualified.  The term of

12  each such member shall be construed to commence on the date of

13  appointment and to terminate on June 30 of the year of the end

14  of the term.   Appointment to the board shall not preclude any

15  such member from holding any other private or public position.

16         (3)  The ex officio nonvoting legislative members shall

17  serve on the board for 2-year terms.

18         (4)  Any vacancy on the board shall be filled for the

19  balance of the unexpired term.

20         (5)  This act does not affect the terms or conditions

21  of current members of the board, but applies to any vacancy

22  that occurs on or after the effective date of this act.

23  Appointments to the board shall give effect to this act as

24  soon as practicable. Vacancies created by or occurring

25  subsequent to the passage of this act shall be filled by

26  representatives of the space industry, as provided herein,

27  until the composition of the board is in compliance with the

28  provisions of subsection (1).

29         (5)(6)  The board shall hold its initial meeting no

30  later than 20 days after the members have been appointed.  At

31  its initial meeting, or as soon thereafter as is practicable,


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 1  the The board  shall appoint an executive director. Meetings

 2  shall be held quarterly or more frequently at the call of the

 3  chair. A majority of the regular members of the board shall

 4  constitute a quorum, and a majority vote of such members

 5  present is necessary for any action taken by the board.

 6         (6)(7)  The Governor has the authority to remove from

 7  the board any regular member in the manner and for cause as

 8  defined by the laws of this state and applicable to situations

 9  which that may arise before the board.  Unless excused by the

10  chair of the board, a regular member's absence from two or

11  more consecutive board meetings creates a vacancy in the

12  office to which the member was appointed.

13         Section 30.  Paragraph (b) of subsection (2) of section

14  331.367, Florida Statutes, is amended to read:

15         331.367  Spaceport Management Council.--

16         (2)  The council shall make recommendations regarding:

17         (b)  The projects and levels of commercial financing

18  required from the Florida Aerospace Finance Commercial Space

19  Financing Corporation created by s. 331.407.

20         Section 31.  Section 331.368, Florida Statutes, is

21  amended to read:

22         331.368  Florida Space Research Institute.--

23         (1)  There is created the Florida Space Research

24  Institute, the purpose of which is to serve as an

25  industry-driven center for research, leveraging the state's

26  resources in a collaborative effort to support Florida's space

27  industry and its expansion, diversification, and transition to

28  commercialization.

29         (2)  The institute shall operate as a public/private

30  partnership under the direction of a board composed of:

31         (a)  A representative of the Florida Space Authority.


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    CS for SB 676                                  First Engrossed



 1         (b)  A representative of Enterprise Florida, Inc.

 2         (c)  A representative of the Florida Aviation Aerospace

 3  Alliance.

 4         (d)  A representative of the Florida Space Business

 5  Roundtable.

 6         (e)  Additional private-sector representatives from the

 7  space industry selected collaboratively by the core members

 8  specified in paragraphs (a)-(d). The additional space industry

 9  representatives under this paragraph must comprise the

10  majority of members of the board and must be from geographic

11  regions throughout the state. Each private-sector

12  representative shall be appointed to a term of 3 years.

13         (f)  Two representatives from the educational community

14  who are selected collaboratively by the core members specified

15  in paragraphs (a)-(d) and who are engaged in research or

16  instruction related to the space industry. One representative

17  must be from a community college, and one representative must

18  be from a public or private university. Each educational

19  representative shall be appointed to a term of 2 years.

20         (g)  Additional ex officio, nonvoting representatives

21  selected collaboratively by the core members.

22         (3)  Annually, the members of the board shall select

23  one of the members to serve as chair, who shall be responsible

24  for convening and leading meetings of the board.

25         (4)  Board members are considered to be volunteers as

26  defined in s. 110.501 and shall serve with all protections

27  provided to volunteers of state agencies under s. 768.1355.

28         (5)  For the purposes of contracts and grants, s.

29  216.346 shall apply to the institute's programs with state

30  universities and community colleges.

31         (6)  The Florida Space Research Institute may:


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    CS for SB 676                                  First Engrossed



 1         (a)  Acquire property under such conditions as the

 2  board may deem necessary or desirable, and sell or otherwise

 3  dispose of the same.

 4         (b)  Serve as a coordinating organization among public

 5  and private academic institutions, industry, and government

 6  agencies to support the expansion and diversification of

 7  Florida's space industry, and to support research and

 8  education programs.

 9         (c)  Execute contracts and other documents, adopt

10  proceedings, and perform any acts determined by the board to

11  be necessary to carry out the purposes of this section.

12         (d)  Establish a personnel-management system and

13  procedures, rules, and rates governing administrative and

14  financial operations of the institute.

15         (e)  Acquire, accept, or administer grants, contracts,

16  and fees from other organizations to perform activities that

17  are consistent with the purposes of this section.

18         (f)  Work in partnership with the Florida Space

19  Authority, Enterprise Florida, Inc., the Department of

20  Education, and other organizations to support their programs

21  to promote the state as a center for space enterprise,

22  research, and technology development.

23         (7)(3)  The board of the Florida Space Research

24  Institute shall:

25         (a)  Set the strategic direction for the space-related

26  research priorities of the state and its space-related

27  businesses, the scope of research projects for the institute,

28  and the timeframes for completion.

29         (b)  Invite the participation of public and private

30  academic institutions universities, including, but not limited

31  to, the University of Central Florida, the University of


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    CS for SB 676                                  First Engrossed



 1  Florida, the University of South Florida, Florida State

 2  University, Florida Institute of Technology, and the

 3  University of Miami.

 4         (c)  Select a lead university to:

 5         1.  Serve as coordinator of research for and as the

 6  administrative entity of the institute;

 7         2.  Support the institute's development of a statewide

 8  space research agenda and programs; and

 9         3.  Develop, and update as necessary, a report

10  recommending ways that the state's public and private

11  universities can work in partnership to support the state's

12  space-industry requirements, which report must be completed by

13  December 15, 2000.

14         (d)  Establish a partnership with the state Workforce

15  Development Board, or its successor entity, under which the

16  institute coordinates the workforce-training requirements

17  identified by the space industry and supports development of

18  workforce-training initiatives to meet such requirements,

19  using training providers approved by the board or its

20  successor entity.

21         (e)  Comanage, with the National Aeronautics and Space

22  Administration and subject to the terms of an agreement with

23  NASA, operation of a Space Experiment Research and Processing

24  Laboratory, if such a facility is constructed on land of the

25  John F. Kennedy Space Center. The institute shall carry out

26  such responsibility through a consortium of public and private

27  universities in the state led by the University of Florida.

28         (f)  Develop initiatives to foster the participation of

29  the state's space industry in the International Space Station

30  and to help the state maintain and enhance its competitive

31  position in the commercial space-transportation industry.


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    CS for SB 676                                  First Engrossed



 1         (g)  Pursue partnerships with the National Aeronautics

 2  and Space Administration to coordinate and conduct research in

 3  fields including, but not limited to, environmental

 4  monitoring; agriculture; aquatics; resource reutilization

 5  technologies for long-duration space missions; and spaceport

 6  technologies which support current or next-generation launch

 7  vehicles and range systems.

 8         (h)  Pursue partnerships with the National Aeronautics

 9  and Space Administration for the conduct of space-related

10  research using computer technology to connect experts in a

11  given field of science who are in disparate locations and to

12  perform research experiments in a real-time, virtual

13  environment.

14         (i)  Appoint or dismiss, as deemed necessary by the

15  board, a person to act as executive director of the institute,

16  who shall have such other functions, duties, powers, and

17  salary as the board prescribes.

18         (8)(4)  By December 15 of each year, the institute

19  shall submit a report of its activities and accomplishments

20  for the year to the Governor, the President of the Senate, and

21  the Speaker of the House of Representatives, and the

22  Commissioner of Education. The report shall also include

23  recommendations regarding actions the state should take to

24  enhance the development of space-related businesses,

25  including:

26         (a)  Future research activities.

27         (b)  The development of capital and technology

28  assistance to new and expanding industries.

29         (c)  The removal of regulatory impediments.

30         (d)  The establishment of business development

31  incentives.


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    CS for SB 676                                  First Engrossed



 1         (e)  The initiation of education and training programs

 2  to ensure a skilled workforce.

 3         Section 32.  Section 331.401, Florida Statutes, is

 4  amended to read:

 5         331.401  Short title.--Sections 331.401-331.419 may be

 6  cited as the "Florida Aerospace Finance Commercial Space

 7  Financing Corporation Act."

 8         Section 33.  Section 331.403, Florida Statutes, is

 9  amended to read:

10         331.403  Legislative findings and intent.--The

11  Legislature finds that the expansion of state and federal

12  support for the aerospace industry in Florida is critical to

13  the continued development of a viable commercial aerospace

14  space industry and the technical and scientific job base for

15  its citizens. This development of commercial opportunities in

16  Florida is slowed by the lack of traditional business

17  financing tools such as securitization for industrial

18  development. Florida's launch industry is also being

19  challenged by the provision of such industry assistance by

20  other countries. Florida's aerospace industry could be

21  assisted by a corporation established to work with the United

22  States Export-Import Bank, the Small Business Administration,

23  the National Aeronautics and Space Administration, and other

24  federal, state, and private sources to provide information,

25  technical assistance, and financial support. It is the

26  intention of the Legislature to retain and expand job

27  opportunities for Florida citizens through this mechanism.

28         Section 34.  Section 331.405, Florida Statutes, is

29  amended to read:

30         331.405  Definitions.--As used in this part:

31  


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    CS for SB 676                                  First Engrossed



 1         (1)  "Account" means the account established pursuant

 2  to s. 331.415.

 3         (2)  "Aerospace" means the industry concerned with the

 4  design and manufacture of aircraft, rockets, missiles,

 5  spacecraft, satellites, space vehicles, space stations, space

 6  facilities, or components thereof, and equipment, systems,

 7  facilities, simulators, programs, and activities related

 8  thereto.

 9         (3)(2)  "Authority" means the Florida Space Authority

10  created by s. 331.302.

11         (4)(3)  "Board" means the governing body of the

12  corporation.

13         (5)(4)  "Corporation" means the Florida Aerospace

14  Finance Commercial Space Financing Corporation.

15         (6)(5)  "Domiciled in this state" means registered to

16  do business in Florida.

17         (7)(6)  "Financial institution" has the same meaning as

18  in s. 655.005(1)(h).

19         (8)(7)  "Financing agreement" has the same meaning as

20  in s. 331.303(10).

21         (9)(8)  "Member" means an individual appointed to be a

22  member of the board.

23         (10)(9)  "President" means the chief executive officer

24  of the corporation.

25         Section 35.  Section 331.407, Florida Statutes, is

26  amended to read:

27         331.407  Florida Aerospace Finance Commercial Space

28  Financing Corporation.--

29         (1)  The Florida Aerospace Finance Commercial Space

30  Financing Corporation is created as a corporation not for

31  profit.  The corporation shall have all the powers, rights,


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    CS for SB 676                                  First Engrossed



 1  privileges, and authority as provided under chapter 617 and

 2  this part. The corporation shall be organized on a nonstock

 3  basis. The purpose of the corporation is to expand employment

 4  and income opportunities for residents of this state by

 5  providing businesses domiciled in this state with information,

 6  technical assistance, and financial assistance to support

 7  space-related transactions, in order to increase the

 8  development within the state of commercial aerospace products,

 9  activities, services, and facilities.

10         (2)  The corporation shall have the power and authority

11  to carry out the following functions:

12         (a)  To coordinate its efforts with programs and goals

13  of the United States Air Force, the National Aeronautics and

14  Space Administration, the Export-Import Bank, the

15  International Trade Administration of the United States

16  Department of Commerce, the Foreign Credit Insurance

17  Association, Enterprise Florida, Inc., and its boards, and

18  other private and public programs and organizations, domestic

19  and foreign.

20         (b)  To establish a network of contacts among those

21  domestic and foreign public and private organizations which

22  provide information, technical assistance, and financial

23  support to the aerospace industry.

24         (c)  To assemble, publish, and disseminate information

25  on financing opportunities and techniques of financing

26  aerospace projects, programs, and activities; sources of

27  public and private aerospace financing assistance; and sources

28  of aerospace-related space-related financing.

29         (d)  To organize, host, and participate in seminars and

30  other forums designed to disseminate information and technical

31  


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    CS for SB 676                                  First Engrossed



 1  assistance regarding aerospace-related space-related

 2  financing.

 3         (e)  To insure, coinsure, lend, and guarantee loans,

 4  and to originate for sale direct aerospace-related

 5  space-related loans, pursuant to criteria, bylaws, policies,

 6  and procedures adopted by the board.

 7         (f)  To capitalize, underwrite, and secure funding for

 8  aerospace infrastructure, satellites, launch vehicles, and any

 9  service which supports aerospace launches.

10         (g)  To construct, lease, or sell aerospace

11  infrastructure, satellites, launch vehicles, and any other

12  related activities and services.

13         (h)  To acquire property, including real, personal,

14  tangible, intangible, or mixed, under such conditions as the

15  board may deem necessary or desirable, and sell or otherwise

16  dispose of the same.

17         (i)  To make and exercise any and all contracts or

18  other instruments necessary or convenient to the exercise of

19  its powers, including financing agreements.

20         (3)  It is the intent of the Legislature that the

21  corporation shall not be considered an "agency" as defined in

22  s. 216.011 or s. 287.012.

23         Section 36.  Subsection (4) of section 331.409, Florida

24  Statutes, is amended to read:

25         331.409  Powers and limitations.--

26         (4)  In providing assistance, the board shall create a

27  fiscal strategy for Florida which will guide and facilitate

28  the successful expansion of aerospace-related space-related

29  jobs.

30         Section 37.  Paragraphs (a) and (c) of subsection (5)

31  of section 331.411, Florida Statutes, are amended to read:


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    CS for SB 676                                  First Engrossed



 1         331.411  Board of directors; powers and duties.--

 2         (5)  The board shall:

 3         (a)  Prior to the expenditure of funds from the

 4  account, adopt bylaws, rules, and policies necessary to carry

 5  out its responsibilities under this part, particularly with

 6  respect to the implementation of the corporation's programs to

 7  insure, coinsure, lend, provide loan guarantees, and make

 8  direct, guaranteed, or collateralized loans to support

 9  aerospace-related space-related transactions.

10         (c)  Adopt policies, including criteria, establishing

11  which aerospace-related space-related transactions shall be

12  eligible for insurance, coinsurance, loan guarantees, and

13  direct, guaranteed, or collateralized loans which may be

14  extended by the corporation.  To implement this paragraph, the

15  board shall adopt rules which include the following criteria:

16         1.  Any individual signing any corporation loan

17  application and loan or guarantee agreement must have an

18  equity interest in the business applying for financial

19  assistance.

20         2.  Applicants must be domiciled in this state and will

21  be contractually obligated to use Florida launch facilities to

22  the maximum extent possible.

23         Section 38.  Subsections (37) and (38) are added to

24  section 334.03, Florida Statutes, to read:

25         334.03  Definitions.--When used in the Florida

26  Transportation Code, the term:

27         (37)  "511" or "511 services" means three-digit

28  telecommunications dialing to access interactive voice

29  response telephone traveler information services provided in

30  the state as defined by the Federal Communications Commission

31  in FCC Order No. 00-256, July 31, 2000.


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    CS for SB 676                                  First Engrossed



 1         (38)  "Interactive voice response" means a software

 2  application that accepts a combination of voice telephone

 3  input and touch-tone keypad selection and provides appropriate

 4  responses in the form of voice, fax, callback, e-mail, and

 5  other media.

 6         Section 39.  Present subsection (31) of section

 7  334.044, Florida Statutes, is redesignated as subsection (32),

 8  and a new subsection (31) is added to that section, to read:

 9         334.044  Department; powers and duties.--The department

10  shall have the following general powers and duties:

11         (31)  To provide oversight of traveler information

12  systems that may include the provision of interactive voice

13  response telephone systems accessible via the 511 number as

14  assigned by the Federal Communications Commission for traveler

15  information services. The department shall ensure that uniform

16  standards and criteria for the collection and dissemination of

17  traveler information are applied using interactive voice

18  response systems.

19         Section 40.  Section 334.14, Florida Statutes, is

20  amended to read:

21         334.14  Employees of department who are required to be

22  engineers.--Each employee performing engineering as defined in

23  chapter 471 shall be registered in accordance with the

24  provisions of chapter 471.

25         (1)  At a minimum, each of the following employees of

26  the department must be a professional engineer registered

27  under chapter 471:

28         (a)  The State Highway Engineer and the district

29  secretary for each district, except that in lieu of

30  engineering registration the district secretary for each

31  


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    CS for SB 676                                  First Engrossed



 1  district may hold an advanced degree in an appropriate related

 2  discipline such as a master of business administration.

 3         (b)1.  The head of each office, or equivalent unit, of

 4  the department that is responsible for the design of

 5  transportation facilities.

 6         2.  Any person who is employed or assigned by any such

 7  unit to be in responsible charge of an engineering project

 8  designed by the unit, regardless of whether such person is

 9  employed in the central office or in a field office.

10         (c)1.  The head of each office, or equivalent unit, of

11  the department that is responsible for the construction of

12  transportation facilities or materials testing.

13         2.  Any area or resident engineer who is in responsible

14  charge of an engineering construction project.

15         (d)1.  The head of each office, or equivalent unit, of

16  the department that is directly responsible for traffic

17  operations or the maintenance of transportation facilities.

18         2.  The senior maintenance engineer assigned to a field

19  office.

20         3.  The senior maintenance engineers in charge of the

21  various area maintenance yards assigned to the field units.

22         (2)  As used in this section, the term "responsible

23  charge" means the rendering of engineering judgment and

24  decisions in the development of technical policy and programs

25  or the direct control and personal supervision of work

26  performed by himself or herself or by others over whom the

27  person holds supervisory authority.

28         (3)  Any person holding the position of resident

29  engineer of construction or senior maintenance engineer of a

30  field unit on July 1, 1984, or the position of designer as

31  identified in subparagraph (1)(b)2. on July 1, 1985, is not


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    CS for SB 676                                  First Engrossed



 1  subject to the engineering registration requirement.  However,

 2  when such person vacates his or her position, his or her

 3  replacement must comply with that requirement.

 4         (4)  The department shall employ a district secretary

 5  for each transportation district whose duties shall be fixed

 6  by the department and who shall be responsible for the

 7  efficient operation and administration of that district.

 8         (5)  In addition to the requirement for engineering

 9  registration in subsection (1), the department, in filling the

10  positions described in this section, shall place emphasis on

11  proven management ability and experience.

12         Section 41.  Section 334.60, Florida Statutes, is

13  created to read:

14         334.60  511 traveler information system.--

15         (1)  The department is the state's lead agency for

16  implementing 511 services and is the state's point of contact

17  for coordinating 511 services with telecommunications service

18  providers. The department shall:

19         (a)  Implement and administer 511 services in the

20  state;

21         (b)  Coordinate with other transportation authorities

22  in the state to provide multimodal traveler information

23  through 511 services and other means;

24         (c)  Develop uniform standards and criteria for the

25  collection and dissemination of traveler information using the

26  511 number or other interactive voice response systems; and

27         (d)  Enter into joint participation agreements or

28  contracts with highway authorities and public transit

29  districts to share the costs of implementing and administering

30  511 services in the state. The department may also enter into

31  other agreements or contracts with private firms relating to


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    CS for SB 676                                  First Engrossed



 1  the 511 services to offset the costs of implementing and

 2  administering 511 services in the state.

 3  

 4  The department shall adopt rules to administer the

 5  coordination of 511 traveler information phone services in the

 6  state.

 7         Section 42.  Section 336.467, Florida Statutes, is

 8  amended to read:

 9         336.467  County-state right-of-way acquisition

10  agreements.--A county or other governmental entity may enter

11  into an agreement with the department to provide for the

12  department to acquire rights-of-way for the county or other

13  governmental entity, provided the highway project is to be

14  funded by the 80-percent portion of the constitutional gas tax

15  allocated to that county and requires the acquisition of at

16  least 10 parcels of land, the total cost of which will equal

17  or exceed $100,000.

18         Section 43.  Subsections (1), (4), and (7) of section

19  337.14, Florida Statutes, are amended to read:

20         337.14  Application for qualification; certificate of

21  qualification; restrictions; request for hearing.--

22         (1)  Any person desiring to bid for the performance of

23  any construction contract in excess of $250,000 which the

24  department proposes to let must first be certified by the

25  department as qualified pursuant to this section and rules of

26  the department.  The rules of the department shall address the

27  qualification of persons to bid on construction contracts in

28  excess of $250,000 and shall include requirements with respect

29  to the equipment, past record, experience, financial

30  resources, and organizational personnel of the applicant

31  necessary to perform the specific class of work for which the


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    CS for SB 676                                  First Engrossed



 1  person seeks certification. The department is authorized to

 2  limit the dollar amount of any contract upon which a person is

 3  qualified to bid or the aggregate total dollar volume of

 4  contracts such person is allowed to have under contract at any

 5  one time.  Each applicant seeking qualification to bid on

 6  construction contracts in excess of $250,000 shall furnish the

 7  department a statement under oath, on such forms as the

 8  department may prescribe, setting forth detailed information

 9  as required on the application.  Each application for

10  certification shall be accompanied by the latest annual

11  financial statement of the applicant completed within the last

12  12 months. If the annual financial statement shows the

13  financial condition of the applicant more than 4 months prior

14  to the date on which the application is received by the

15  department, then an interim financial statement must also be

16  submitted.  The interim financial statement must cover the

17  period from the end date of the annual statement and must show

18  the financial condition of the applicant no more than 4 months

19  prior to the date on which the application is received by the

20  department.  Each required annual or interim financial

21  statement must be audited and accompanied by the opinion of a

22  certified public accountant or a public accountant approved by

23  the department.  The information required by this subsection

24  is confidential and exempt from the provisions of s.

25  119.07(1).  The department shall act upon the application for

26  qualification within 30 days after the department determines

27  that the application is complete it is presented.

28         (4)  If the applicant is found to possess the

29  prescribed qualifications, the department shall issue to him

30  or her a certificate of qualification that, unless thereafter

31  revoked by the department for good cause, will be valid for a


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    CS for SB 676                                  First Engrossed



 1  period of 18 months after the date of the applicant's

 2  financial statement or such shorter period as the department

 3  prescribes. Submission of an application shall not affect

 4  expiration of the certificate of qualification. If the

 5  department finds that an application is incomplete or contains

 6  inadequate information or information that cannot be verified,

 7  the department may request in writing that the applicant

 8  provide the necessary information to complete the application

 9  or provide the source from which any information in the

10  application may be verified. If the applicant fails to comply

11  with the initial written request within a reasonable period of

12  time as specified therein, the department shall request the

13  information a second time. If the applicant fails to comply

14  with the second request within a reasonable period of time as

15  specified therein, the application shall be denied.

16         (7)  No "contractor" as defined in s. 337.165(1)(d) or

17  his or her "affiliate" as defined in s. 337.165(1)(a)

18  qualified with the department under this section may also

19  qualify under s. 287.055 or s. 337.105 to provide testing

20  services, construction, engineering, and inspection services

21  to the department.  This limitation shall not apply to any

22  design-build prequalification under s. 337.11(7).

23         Section 44.  Section 337.18, Florida Statutes, is

24  amended to read:

25         337.18  Surety bonds for construction or maintenance

26  contracts; requirement with respect to contract award; bond

27  requirements; defaults; damage assessments.--

28         (1)(a)  A surety bond shall be required of the

29  successful bidder in an amount equal to the awarded contract

30  price. For a project for which the contract price is $150,000

31  or less, the department may waive the requirement for all or a


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    CS for SB 676                                  First Engrossed



 1  portion of a surety bond if it determines the project is of a

 2  noncritical nature and nonperformance will not endanger public

 3  health, safety, or property. The department may require

 4  alternate means of security if a surety bond is waived. The

 5  surety on such bond shall be a surety company authorized to do

 6  business in the state. All bonds shall be payable to the

 7  department and conditioned for the prompt, faithful, and

 8  efficient performance of the contract according to plans and

 9  specifications and within the time period specified, and for

10  the prompt payment of all persons defined in s. 713.01

11  furnishing labor, material, equipment, and supplies for work

12  provided in the contract therefor; however, whenever an

13  improvement, demolition, or removal contract price is $25,000

14  or less, the security may, in the discretion of the bidder, be

15  in the form of a cashier's check, bank money order of any

16  state or national bank, certified check, or postal money

17  order. The department shall adopt rules to implement this

18  subsection. Such rules shall include provisions under which

19  the department shall refuse to accept bonds on contracts when

20  a surety wrongfully fails or refuses to settle or provide a

21  defense for claims or actions arising under a contract for

22  which the surety previously furnished a bond.

23         (b)  Upon execution of the contract, and prior to

24  beginning any work under the contract, the contractor shall

25  record in the public records of the county where the

26  improvement is located the payment and performance bond

27  required under this section. A claimant shall have a right of

28  action against the contractor and surety for the amount due

29  him or her, including unpaid finance charges due under the

30  claimant's contract. Such action shall not involve the

31  department in any expense.


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    CS for SB 676                                  First Engrossed



 1         (c)  A claimant, except a laborer, who is not in

 2  privity with the contractor shall, before commencing or not

 3  later than 90 days after commencing to furnish labor,

 4  materials, or supplies for the prosecution of the work,

 5  furnish the contractor with a notice that he or she intends to

 6  look to the bond for protection. A claimant who is not in

 7  privity with the contractor and who has not received payment

 8  for his or her labor, materials, or supplies shall deliver to

 9  the contractor and to the surety written notice of the

10  performance of the labor or delivery of the materials or

11  supplies and of the nonpayment. The notice of nonpayment may

12  be served at any time during the progress of the work or

13  thereafter but not before 45 days after the first furnishing

14  of labor, services, or materials, and not later than 90 days

15  after the final furnishing of the labor, services, or

16  materials by the claimant or, with respect to rental

17  equipment, not later than 90 days after the date that the

18  rental equipment was last on the job site available for use.

19  An action by a claimant, except a laborer, who is not in

20  privity with the contractor for the labor, materials, or

21  supplies may not be instituted against the contractor or the

22  surety unless both notices have been given. Notices required

23  or permitted under this section may be served in any manner

24  provided in s. 713.18.

25         (d)  An action must be instituted by a claimant,

26  whether in privity with the contractor or not, against the

27  contractor or the surety on the payment bond or the payment

28  provisions of a combined payment and performance bond within

29  365 days after the final acceptance of the contract work by

30  the department. A claimant may not waive in advance his or her

31  right to bring an action under the bond against the surety. In


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    CS for SB 676                                  First Engrossed



 1  any action brought to enforce a claim against a payment bond

 2  under this section, the prevailing party is entitled to

 3  recover a reasonable fee for the services of his or her

 4  attorney for trial and appeal or for arbitration, in an amount

 5  to be determined by the court, which fee must be taxed as part

 6  of the prevailing party's costs, as allowed in equitable

 7  actions.

 8         (e)  When a contractor has furnished a payment bond

 9  pursuant to this section, he or she may, when the department

10  makes any payment to the contractor, serve a written demand on

11  any claimant who is not in privity with the contractor for a

12  written statement under oath of his or her account showing the

13  nature of the labor or services performed to date, if any; the

14  materials furnished; the materials to be furnished, if known;

15  the amount paid on account to date; the amount due; and the

16  amount to become due, if known, as of the date of the

17  statement by the claimant. Any such demand to a claimant who

18  is not in privity with the contractor must be served on the

19  claimant at the address and to the attention of any person who

20  is designated to receive the demand in the notice to the

21  contractor served by the claimant. The failure or refusal to

22  furnish the statement does not deprive the claimant of his or

23  her rights under the bond if the demand is not served at the

24  address of the claimant or directed to the attention of the

25  person designated to receive the demand in the notice to

26  contractor. The failure to furnish the statement within 60

27  days after the demand, or the furnishing of a false or

28  fraudulent statement, deprives the claimant who fails to

29  furnish the statement, or who furnishes the false or

30  fraudulent statement, of his or her rights under the bond. If

31  the contractor serves more than one demand for statement of


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    CS for SB 676                                  First Engrossed



 1  account on a claimant and none of the information regarding

 2  the account has changed since the claimant's last response to

 3  a demand, the failure or refusal to furnish such statement

 4  does not deprive the claimant of his or her rights under the

 5  bond. The negligent inclusion or omission of any information

 6  deprives the claimant of his or her rights under the bond to

 7  the extent that the contractor can demonstrate prejudice from

 8  such act or omission by the claimant. The failure to furnish a

 9  response to a demand for statement of account does not affect

10  the validity of any claim on the bond being enforced in a

11  lawsuit filed before the date the demand for statement of

12  account is received by the claimant.

13         (f)  The bonds provided for in this section are

14  statutory bonds. The provisions of s. 255.05 are not

15  applicable to bonds issued pursuant to this section.

16         (2)  The department shall provide in its contracts for

17  the determination of default on the part of any contractor for

18  cause attributable to such contractor. The department shall

19  have no liability for anticipated profits for unfinished work

20  on a contract which has been determined to be in default.

21  Every contract let by the department for the performance of

22  work shall contain a provision for payment to the department

23  by the contractor of liquidated damages due to failure of the

24  contractor to complete the contract work within the time

25  stipulated in the contract or within such additional time as

26  may have been granted by the department. The contractual

27  provision shall include a reasonable estimate of the damages

28  that would be incurred by the department as a result of such

29  failure. The department shall establish a schedule of daily

30  liquidated damage charges, based on original contract amounts,

31  for construction contracts entered into by the department,


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    CS for SB 676                                  First Engrossed



 1  which schedule shall be incorporated by reference into the

 2  contract. The department shall update the schedule of

 3  liquidated damages at least once every 2 years, but no more

 4  often than once a year. The schedule shall, at a minimum, be

 5  based on the average construction, engineering, and inspection

 6  costs experienced by the department on contracts over the 2

 7  preceding fiscal years. The schedule shall also include

 8  anticipated costs of project-related delays and inconveniences

 9  to the department and traveling public. Anticipated costs may

10  include, but are not limited to, road user costs, a portion of

11  the projected revenues that will be lost due to failure to

12  timely open a project to revenue-producing traffic, costs

13  resulting from retaining detours for an extended time, and

14  other similar costs. Any such liquidated damages paid to the

15  department shall be deposited to the credit of the fund from

16  which payment for the work contracted was authorized.

17         (3)  In addition to the provision for payment to the

18  department by the contractor of liquidated damages due to the

19  failure of the contractor to complete the project within the

20  time stipulated in the contract or within such additional time

21  as may have been granted by the department, the department may

22  also recover from the contractor amounts paid by the

23  department for damages suffered by third parties as a result

24  of the contractor's failure to complete the project within the

25  time stipulated in the contract or within such additional time

26  as may have been granted by the department, unless the failure

27  to timely complete the project was caused by the department's

28  act or omission. However, nothing herein shall create a cause

29  of action against the department, or against a contractor by

30  an abutting property owner or business entity, where none has

31  previously existed.


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    CS for SB 676                                  First Engrossed



 1         (4)(a)  If the department determines and adequately

 2  documents that the timely completion of any project will

 3  provide a substantial benefit to the public health, safety, or

 4  welfare; will limit the disruptive effect of construction on

 5  the community; or is cost beneficial on a revenue-producing

 6  project, the contract for such project may provide for an

 7  incentive payment payable to the contractor for early

 8  completion of the project or critical phases of the work and

 9  for additional damages to be assessed against the contractor

10  for the completion of the project or critical phases of the

11  work in excess of the time specified. All contracts containing

12  such provisions shall be approved by the head of the

13  department or his or her designee. The amount of such

14  incentive payment or such additional damages shall be

15  established in the contract based on an analysis of the cost

16  savings to the traveling public or revenue projections for a

17  revenue-producing project but shall not exceed $10,000 per

18  calendar day, except that for revenue-producing projects the

19  amounts and periods of the incentive may be greater if an

20  analysis indicates that additional revenues projected to be

21  received upon completion of the project will exceed the cost

22  of the incentive payments. Any liquidated damages provided for

23  under subsection (2) and any additional damages provided for

24  under this subsection shall be payable to the department

25  because of the contractor's failure to complete the contract

26  work within the time stipulated in the contract or within such

27  additional time as may have been granted by the department.

28         (b)  The department shall adopt rules to implement this

29  subsection. Such rules shall include procedures and criteria

30  for the selection of projects on which incentive payments and

31  additional damages may be provided for by contract.


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    CS for SB 676                                  First Engrossed



 1         (5)  Such bonds shall be subject to the additional

 2  obligation that the principal and surety executing the same

 3  shall be liable to the state in a civil action instituted by

 4  the department or any officer of the state authorized in such

 5  cases, for double any amount in money or property the state

 6  may lose or be overcharged or otherwise defrauded of, by

 7  reason of any wrongful or criminal act, if any, of the

 8  contractor, the contractor's agent, or employees.

 9         Section 45.  Subsection (2) of section 338.235, Florida

10  Statutes, is amended to read:

11         338.235  Contracts with department for provision of

12  services on the turnpike system.--

13         (2)  In order to secure high-quality products, business

14  opportunities, and services on the turnpike system, products,

15  business opportunities, and services authorized by s. 338.234

16  may be secured by competitive solicitation for turnpike

17  patrons, products and services authorized by s. 338.234(1) may

18  be secured through the request-for-proposal process. If the

19  department receives an unsolicitated proposal for products,

20  business opportunities, or services that it wishes to

21  consider, it shall publish a notice in a newspaper of general

22  circulation at least once a week for 2 weeks, or may broadcast

23  such notice by electronic media for 2 weeks, stating that it

24  has received a proposal and will accept other proposals on the

25  same subject for 30 days after the date of publication. The

26  department may select offers that the proposal and fee which

27  best satisfy the conditions of a quality service, business

28  opportunity, or and product operation for the turnpike system.

29  The factors to be used in evaluating proposals include, but

30  are not limited to:

31         (a)  The financial capacity of the provider;


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    CS for SB 676                                  First Engrossed



 1         (b)  The willingness to contribute toward the cost of

 2  facility construction;

 3         (c)  The type and quality of the service or product

 4  offered;

 5         (d)  The price structure of the service or product

 6  offered;

 7         (e)  Management experience and capabilities;

 8         (f)  The national brand names offered;

 9         (g)  The originality of the concept and its

10  relationship to the turnpike system;

11         (h)  The lease rate; and

12         (i)  Other factors that the department may deem

13  pertinent.

14         Section 46.  Section 339.61, Florida Statutes, is

15  created to read:

16         339.61 Florida Strategic Intermodal System; Legislative

17  findings, declaration, and intent.--

18         (1)  There is hereby created the Florida Strategic

19  Intermodal System.

20         (2)  The Legislature finds that increasing demands are

21  continuing to be placed on the state's transportation system

22  by a fast-growing economy, continued population growth, and

23  projected increases in freight movement, international trade,

24  and tourism. The Legislature also finds that the state's

25  growing regional and intercity economic centers will increase

26  the demand for interregional and intercity travel and that the

27  evolving service-based and information-based industries will

28  change the type of transportation system that business and

29  industry demand, increasing the importance of speed and

30  reliability. The Legislature further finds that our

31  transportation system must be designed and operated in such a


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    CS for SB 676                                  First Engrossed



 1  way that it preserves the abundance of natural and manmade

 2  amenities that have been so successful in attracting new

 3  residents, businesses, and tourists to this state. Therefore,

 4  the Legislature declares that the designation of a strategic

 5  intermodal system, composed of facilities and services of

 6  statewide and interregional significance, will efficiently

 7  serve the mobility needs of Florida's citizens, businesses,

 8  and visitors and will help Florida become a worldwide economic

 9  leader, enhance economic prosperity and competitiveness,

10  enrich quality of life, and reflect responsible environmental

11  stewardship. To that end, it is the intent of the Legislature

12  that the Strategic Intermodal System consist of transportation

13  facilities that meet a strategic and essential state interest

14  and that limited resources available for the implementation of

15  statewide and interregional transportation priorities be

16  focused on that system.

17         Section 47.  Section 339.62, Florida Statutes, is

18  created to read:

19         339.62 System components.--The Strategic Intermodal

20  System shall consist of appropriate components of:

21         (1)  The Florida Intrastate Highway System established

22  under to s. 338.001.

23         (2)  The National Highway System.

24         (3)  Airport, seaport, and spaceport facilities.

25         (4)  Rail lines and rail facilities.

26         (5)  Selected intermodal facilities; passenger and

27  freight terminals; and appropriate components of the State

28  Highway System, county road system, city street system, inland

29  waterways, and local public transit systems that serve as

30  existing or planned connectors between the components listed

31  in subsections (1)-(4).


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 1         (6)  Existing or planned corridors that serve a

 2  statewide or interregional purpose.

 3         Section 48.  Section 339.63, Florida Statutes, is

 4  created to read:

 5         339.63 System facilities designated; additions and

 6  deletions.--

 7         (1)  The initial Strategic Intermodal System shall

 8  include all facilities that meet the criteria recommended by

 9  the Strategic Intermodal Steering Committee in a report titled

10  "Steering Committee Final Report: Recommendations for

11  Designating Florida's Strategic Intermodal System" dated

12  December 2002.

13         (2)  Subsequent to the initial designation of the

14  Strategic Intermodal System pursuant to subsection (1), the

15  Secretary of Transportation shall periodically add facilities

16  to or delete facilities from the Strategic Intermodal System

17  based upon adopted criteria.

18         Section 49.  Section 339.64, Florida Statutes, is

19  created to read:

20         339.64 Strategic Intermodal System Plan.--

21         (1)  The department shall develop, in cooperation with

22  metropolitan planning organizations, regional planning

23  councils, local governments, the Statewide Intermodal

24  Transportation Advisory Council and other transportation

25  providers, a Strategic Intermodal System Plan. The plan shall

26  be consistent with the Florida Transportation Plan developed

27  pursuant to s. 339.155 and shall be updated at least once

28  every 5 years, subsequent to updates of the Florida

29  Transportation Plan.

30         (2)  In association with the development of the initial

31  Strategic Intermodal System Plan and other transportation


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 1  plans, the Florida Transportation Commission, shall conduct an

 2  assessment of the need for an improved philosophical approach

 3  to regional and intermodal input in the planning for and

 4  governing of the Strategic Intermodal System and other

 5  transportation systems. The Florida Transportation Commission

 6  shall coordinate with the department, the Statewide Intermodal

 7  Transportation Advisory Council, and other appropriate

 8  entities when developing this assessment. The Florida

 9  Transportation Commission shall deliver a report to the

10  Governor and Legislature by December 15, 2003, with

11  recommendations as necessary to fully implement the Strategic

12  Intermodal System.

13         (3)  During the development of the Strategic Intermodal

14  System Plan and the development of all subsequent updates, the

15  department shall provide metropolitan planning organizations,

16  regional planning councils, local governments, transportation

17  providers, affected public agencies, and citizens with an

18  opportunity to participate in and comment on the development

19  of the proposed plan or update.

20         (4)  The Strategic Intermodal System Plan shall include

21  the following:

22         (a)  A needs assessment.

23         (b)  A project prioritization process.

24         (c)  A map of facilities designated as Strategic

25  Intermodal System facilities and facilities that are emerging

26  in importance that are likely to become part of the system in

27  the future.

28         (d)  A finance plan based on reasonable projections of

29  anticipated revenues, including both 10-year and 20-year

30  cost-feasible components.

31  


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 1         (5)  STATEWIDE INTERMODAL TRANSPORTATION ADVISORY

 2  COUNCIL.--

 3         (a)  The Statewide Intermodal Transportation Advisory

 4  Council is created to advise and make recommendations to the

 5  Legislature and the department on policies, planning, and

 6  funding of intermodal transportation projects. The council's

 7  responsibilities shall include:

 8         1.  Advising the department on the policies, planning,

 9  and implementation of strategies related to intermodal

10  transportation.

11         2.  Providing advice and recommendations to the

12  Legislature on funding for projects to move goods and people

13  in the most efficient and effective manner for the State of

14  Florida.

15         (b)  MEMBERSHIP.--Members of the Statewide Intermodal

16  Transportation Advisory Council shall consist of the

17  following:

18         1.  Five intermodal industry representatives selected

19  by the Governor as follows:

20         a.  One representative from an airport involved in the

21  movement of freight and people from their airport facility to

22  another transportation mode.

23         b.  One individual representing a fixed-route,

24  local-government transit system.

25         c.  One representative from an intercity bus company

26  providing regularly scheduled bus travel as determined by

27  federal regulations.

28         d.  One representative from a spaceport.

29         e.  One representative from intermodal trucking

30  companies.

31  


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 1         2.  Three intermodal industry representatives selected

 2  by the President of the Senate as follows:

 3         a.  One representative from major-line railroads.

 4         b.  One representative from seaports listed in s.

 5  311.09(1) from the Atlantic Coast.

 6         c.  One representative from an airport involved in the

 7  movement of freight and people from their airport facility to

 8  another transportation mode.

 9         3.  Three intermodal industry representatives selected

10  by the Speaker of the House of Representatives as follows:

11         a.  One representative from short-line railroads.

12         b.  One representative from seaports listed in s.

13  311.09(1) from the Gulf Coast.

14         c.  One representative from intermodal trucking

15  companies. In no event may this representative be employed by

16  the same company that employs the intermodal trucking company

17  representative selected by the Governor.

18         (c)  Initial appointments to the council must be made

19  no later than 30 days after the effective date of this

20  section.

21         1.  The initial appointments made by the President of

22  the Senate and the Speaker of the House of Representatives

23  shall serve terms concurrent with those of the respective

24  appointing officer. Beginning January 15, 2005, and for all

25  subsequent appointments, council members appointed by the

26  President of the Senate and the Speaker of the House of

27  Representatives shall serve 2-year terms, concurrent with the

28  term of the respective appointing officer.

29         2.  The initial appointees, and all subsequent

30  appointees, made by the Governor shall serve 2-year terms.

31  


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 1         3.  Vacancies on the council shall be filled in the

 2  same manner as the initial appointments.

 3         (d)  Each member of the council shall be allowed one

 4  vote. The council shall select a Chair from among its

 5  membership.  Meetings shall be held at the call of the Chair,

 6  but not less frequently than quarterly. The members of the

 7  council shall be reimbursed for per diem and travel expenses

 8  as provided in s. 112.061.

 9         (e)  The department shall provide administrative staff

10  support and shall ensure that council meetings are

11  electronically recorded. Such recordings and all documents

12  received, prepared for, or used by the council in conducting

13  its business shall be preserved pursuant to chapters 119 and

14  257.

15         Section 50.  Mamie Langdale Memorial Bridge designated;

16  markers.--

17         (1)  The new U.S. Highway 27 bridge in the City of

18  Moore Haven in Glades County is hereby designated as "Mamie

19  Langdale Memorial Bridge."

20         (2)  The Department of Transportation is directed to

21  erect suitable markers designating Mamie Langdale Memorial

22  Bridge as described in subsection (1).

23         Section 51.  George Crady Bridge designated; markers.--

24         (1)  The old Nassau Sound Bridge, bridge number 750055,

25  on State Road 105 in Nassau and Duval Counties is hereby

26  redesignated as "George Crady Bridge."

27         (2)  The Department of Transportation is directed to

28  erect suitable markers designating George Crady Bridge as

29  described in subsection (1).

30         Section 52.  Rodolfo Garcia Memorial Avenue designated;

31  markers.--


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 1         (1)  The portion of west S.R. 823 in Miami-Dade county

 2  between west 76th Street and west 72nd Street is designated as

 3  "Rodolfo Garcia Memorial Avenue."

 4         (2)  The Department of Transportation is directed to

 5  erect suitable markers designating "Rodolfo Garcia Memorial

 6  Avenue."

 7         Section 53.  Section 341.0532, Florida Statutes, is

 8  created to read:

 9         341.0532 Statewide Transportation Corridors.--

10         (1)  A "Statewide transportation corridor" is defined

11  as a system of transportation infrastructure that collectively

12  provides for the efficient movement of significant volumes of

13  intrastate, interstate, and international commerce by

14  seamlessly linking multiple modes of transport.

15         (2)  Florida's statewide transportation corridors are:

16         (a)  The Atlantic Coast Corridor, from Jacksonville to

17  Miami, including Interstate 95.

18         (b)  The Gulf Coast Corridor, from Pensacola to St.

19  Petersburg and to Tampa including U.S. Route 98 and U.S. Route

20  19/State Road 27.

21         (c)  The Central Florida/North-South Corridor, from the

22  Florida-Georgia border to Naples and Fort Lauderdale/Miami,

23  including Interstate 75.

24         (d)  The Central Florida/East-West Corridor from St.

25  Petersburg to Tampa and to Titusville, including Interstate 4

26  and the Beeline Expressway.

27         (e)  The North Florida Corridor, from Pensacola to

28  Jacksonville, including Interstate 10, and U.S. Route 231,

29  State Road 77 and State Road 79 from the Florida-Alabama

30  border to Panama City.

31  


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 1         (f)  The Jacksonville to Tampa Corridor, including U.S.

 2  Route 301.

 3         (g)  The Jacksonville to Orlando Corridor, including

 4  U.S. 17.

 5         (h)  The Southeastern Everglades Corridor, linking

 6  Wildwood, Winter Garden, Orlando, and West Palm Beach via the

 7  Florida Turnpike. For the purposes of this subsection, the

 8  term "corridor" includes railways adjacent to such corridor

 9  and the roadways linking to transportation terminals, and

10  intermodal service centers to the major highways listed in

11  this subsection.

12         Section 54.  Section 95.361, Florida Statutes, is

13  amended to read:

14         95.361  Roads presumed to be dedicated.--

15         (1)  When a road, constructed by a county, a

16  municipality, or the Department of Transportation, has been

17  maintained or repaired continuously and uninterruptedly for 4

18  years by the county, municipality, or the Department of

19  Transportation, jointly or severally, the road shall be deemed

20  to be dedicated to the public to the extent in width that has

21  been actually maintained for the prescribed period, whether or

22  not the road has been formally established as a public

23  highway. The dedication shall vest all right, title, easement,

24  and appurtenances in and to the road in:

25         (a)  The county, if it is a county road;

26         (b)  The municipality, if it is a municipal street or

27  road; or

28         (c)  The state, if it is a road in the State Highway

29  System or State Park Road System,

30  

31  


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 1  whether or not there is a record of a conveyance, dedication,

 2  or appropriation to the public use.

 3         (2)  In those instances where a road has been

 4  constructed by a nongovernmental entity, or where the road was

 5  not constructed by the entity currently maintaining or

 6  repairing it, or where it cannot be determined who constructed

 7  the road, and when such road has been regularly maintained or

 8  repaired for the immediate past 7 years by a county, a

 9  municipality, or the Department of Transportation, whether

10  jointly or severally, such road shall be deemed to be

11  dedicated to the public to the extent of the width that

12  actually has been maintained or repaired for the prescribed

13  period, whether or not the road has been formally established

14  as a public highway. The dedication shall vest all rights,

15  title, easement, and appurtenances in and to the road in:

16         (a)  The county, if it is a county road;

17         (b)  The municipality, if it is a municipal street or

18  road; or

19         (c)  The state, if it is a road in the State Highway

20  System or State Park Road System, whether or not there is a

21  record of conveyance, dedication, or appropriation to the

22  public use.

23         (3)  The filing of a map in the office of the clerk of

24  the circuit court of the county where the road is located

25  showing the lands and reciting on it that the road has vested

26  in the state, a county, or a municipality in accordance with

27  subsection (1) or subsection (2) or by any other means of

28  acquisition, duly certified by:

29         (a)  The secretary of the Department of Transportation,

30  or the secretary's designee, if the road is a road in the

31  State Highway System or State Park Road System;


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 1         (b)  The chair and clerk of the board of county

 2  commissioners of the county, if the road is a county road; or

 3         (c)  The mayor and clerk of the municipality, if the

 4  road is a municipal road or street,

 5  

 6  shall be prima facie evidence of ownership of the land by the

 7  state, county, or municipality, as the case may be.

 8         (4)  Any person, firm, corporation, or entity having or

 9  claiming any interest in and to any of the property affected

10  by subsection (2) shall have and is hereby allowed a period of

11  1 year after the effective date of this subsection, or a

12  period of 7 years after the initial date of regular

13  maintenance or repair of the road, whichever period is

14  greater, to file a claim in equity or with a court of law

15  against the particular governing authority assuming

16  jurisdiction over such property to cause a cessation of the

17  maintenance and occupation of the property. Such timely filed

18  and adjudicated claim shall prevent the dedication of the road

19  to the public pursuant to subsection (2).

20         Section 55.  subsection (10) of section 339.12, Florida

21  Statutes as created by section 83 of chapter 2002-20, Laws of

22  Florida, and amended by section 58 of chapter 2002-402, Laws

23  of Florida, is repealed.

24         Section 56.  The Florida Air Museum, housed at Sun n'

25  Fun in Lakeland, is designated as the official state aviation

26  museum and education center.

27         Section 57.  Subsection (1) of section 337.401, Florida

28  Statutes, is amended to read:

29         337.401  Use of right-of-way for utilities subject to

30  regulation; permit; fees.--

31  


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 1         (1)  The department and local governmental entities,

 2  referred to in ss. 337.401-337.404 as the "authority," that

 3  have jurisdiction and control of public roads or publicly

 4  owned rail corridors are authorized to prescribe and enforce

 5  reasonable rules or regulations with reference to the placing

 6  and maintaining along, across, or on any road or publicly

 7  owned rail corridors under their respective jurisdictions any

 8  electric transmission, telephone, telegraph, or other

 9  communications services lines; pole lines; poles; railways;

10  ditches; sewers; water, heat, or gas mains; pipelines; fences;

11  gasoline tanks and pumps; or other structures hereinafter

12  referred to as the "utility." The department may enter into a

13  permit-delegation agreement with a governmental entity if

14  issuance of a permit is based on requirements that the

15  department finds will ensure the safety and integrity of

16  facilities of the Department of Transportation.

17         Section 58.  Subsection (3) is added to section

18  334.071, Florida Statutes, to read:

19         334.071  Legislative designation of transportation

20  facilities.--

21         (3)  Erection of markers shall be contingent on the

22  appropriate city or county commission passing a resolution in

23  support of the particular honorary designation. If the bridge

24  or road segment being designated is located in more than one

25  city or county, resolutions supporting the designation must be

26  passed by each affected local government prior to the erection

27  of the markers.

28         Section 59.  Subsection (4) is added to section 335.02,

29  Florida Statutes, to read:

30  

31  


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 1         335.02  Authority to designate transportation

 2  facilities and rights-of-way and establish lanes; procedure

 3  for redesignation and relocation.--

 4         (4)  Notwithstanding any general law or special act,

 5  regulations of any county, municipality, or special district,

 6  including any instrumentality thereof, shall not apply to

 7  existing or future transportation facilities, or appurtenances

 8  thereto, on the State Highway System.

 9         Section 60.  Subsection (8) of section 332.007, Florida

10  Statutes, is amended to read:

11         332.007  Administration and financing of aviation and

12  airport programs and projects; state plan.--

13         (8)  Notwithstanding any other provision of law to the

14  contrary, the department is authorized to provide operational

15  and maintenance assistance to publicly owned public-use

16  airports. Such assistance shall be to comply with enhanced

17  federal security requirements or to address related economic

18  impacts from the events of September 11, 2001. For projects in

19  the current adopted work program, or projects added using the

20  available budget of the department, airports may request the

21  department change the project purpose in accordance with this

22  provision notwithstanding the provisions of s. 339.135(7). For

23  purposes of this subsection, the department may fund up to 100

24  percent of eligible project costs that are not funded by the

25  Federal Government. Prior to releasing any funds under this

26  section, the department shall review and approve the

27  expenditure plans submitted by the airport. The department

28  shall inform the Legislature of any change that it approves

29  under this subsection. This subsection shall expire on June

30  30, 2007 2004.

31  


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 1         Section 61.  Paragraph (k) of subsection (6) of section

 2  163.3177, Florida Statutes, is amended to read:

 3         163.3177  Required and optional elements of

 4  comprehensive plan; studies and surveys.--

 5         (6)  In addition to the requirements of subsections

 6  (1)-(5), the comprehensive plan shall include the following

 7  elements:

 8         (k)  An airport master plan, and any subsequent

 9  amendments to the airport master plan, prepared by a licensed

10  publicly owned and operated airport under s. 333.06 may be

11  incorporated into the local government comprehensive plan by

12  the local government having jurisdiction under this act for

13  the area in which the airport or projected airport development

14  is located by the adoption of a comprehensive plan amendment.

15  In the amendment to the local comprehensive plan that

16  integrates the airport master plan, the comprehensive plan

17  amendment shall address land use compatibility consistent with

18  chapter 333 regarding airport zoning; the provision of

19  regional transportation facilities for the efficient use and

20  operation of the transportation system and airport;

21  consistency with the local government transportation

22  circulation element and applicable metropolitan planning

23  organization long-range transportation plans; and the

24  execution of any necessary interlocal agreements for the

25  purposes of the provision of public facilities and services to

26  maintain the adopted level of service standards for facilities

27  subject to concurrency; and may address airport-related or

28  aviation-related development. Development or expansion of an

29  airport consistent with the adopted airport master plan that

30  has been incorporated into the local comprehensive plan in

31  compliance with this part, and airport-related or


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 1  aviation-related development that has been addressed in the

 2  comprehensive plan amendment that incorporates the airport

 3  master plan, shall not be a development of regional impact.

 4  Notwithstanding any other general law, an airport that has

 5  received a development-of-regional impact development order

 6  pursuant to s. 380.06, but which is no longer required to

 7  undergo development-of-regional impact review pursuant to this

 8  subsection, may abandon its development-of-regional impact

 9  order upon written notification to the applicable local

10  government. Upon receipt by the local government, the

11  development-of-regional impact development order is void.

12         Section 62.  Except as otherwise expressly provided in

13  this act, this act shall take effect upon becoming a law.

14  

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