HB 1329

1	A bill to be entitled
2	An act relating to infrastructure; repealing s. 163.2526,
3	F.S., relating to a review and evaluation of urban infill;
4	amending s. 163.3167, F.S.; deleting provisions relating
5	to local government comprehensive plans; amending s.
6	163.3177, F.S.; revising requirements for comprehensive
7	plans; providing for airports, land adjacent to airports,
8	and certain interlocal agreements relating thereto in
9	certain elements of the plan; revising certain planning
10	schedule provisions; revising provisions for rules applied
11	to determine consistency of the plans; amending s.
12	163.3182, F.S.; providing legislative findings with
13	respect to the public purpose in eliminating
14	transportation deficiencies; authorizing transportation
15	concurrency backlog authorities to issue bonds; revising
16	provisions related to financing schedules; increasing the
17	ad valorem tax increment used to fund a transportation
18	concurrency backlog trust fund; revising the conditions
19	for dissolving a transportation concurrency backlog
20	authority; amending s. 163.32465, F.S.; providing that the
21	state land planning agency may intervene in certain
22	proceedings to challenge plan amendments; amending s.
23	316.1575, F.S.; requiring a person walking or driving a
24	vehicle to stop at a railroad crossing upon the signal of
25	a law enforcement officer; amending s. 316.159, F.S.;
26	requiring the driver of a commercial motor vehicle to slow
27	when approaching a railroad crossing; providing that a
28	violation of such requirement is a noncriminal moving
29	violation; amending s. 316.302, F.S.; revising references
30	to rules, regulations, and criteria governing commercial
31	motor vehicles engaged in intrastate commerce; providing
32	that the Department of Transportation performs duties
33	assigned to the Field Administrator of the Federal Motor
34	Carrier Safety Administration under the federal rules and
35	may enforce those rules; amending ss. 316.613 and 316.614,
36	F.S.; redefining the term "motor vehicle" to exclude
37	certain trucks from the requirement to use a child
38	restraint or safety belt; amending s. 320.0715, F.S.;
39	requiring the Department of Highway Safety and Motor
40	Vehicles to withhold issuing or to suspend a registration
41	and license plate for a commercial motor vehicle if the
42	federal identifying number is not provided or if the motor
43	carrier or vehicle owner has been prohibited from
44	operating; amending s. 320.0894, F.S.; providing for
45	issuance of Gold Star license plates to certain family
46	members; amending s. 322.01, F.S.; providing for certain
47	provisions relating to the operation of motor vehicles to
48	apply to a person holding a commercial driver's license;
49	revising the definition of the term "hazardous materials";
50	amending s. 322.61, F.S.; clarifying provisions
51	disqualifying a person from operating a commercial motor
52	vehicle following certain traffic violations; providing
53	for permanent disqualification following conviction of a
54	felony involving the manufacture, distribution, or
55	dispensing of a controlled substance; amending s. 322.64,
56	F.S.; providing that refusal to submit to a breath, urine,
57	or blood test disqualifies a person from operating a
58	commercial motor vehicle; providing a period of
59	disqualification if a person has an unlawful blood-alcohol
60	or breath-alcohol level; providing for issuance of a
61	notice of disqualification; revising the requirements for
62	a formal review hearing following a person's
63	disqualification from operating a commercial motor
64	vehicle; amending s. 338.223, F.S.; conforming a cross-
65	reference; amending s. 339.155, F.S.; revising provisions
66	for development of the statewide transportation plan by
67	the Department of Transportation; amending ss. 339.2819
68	and 339.285, F.S.; conforming cross-references; amending
69	s. 420.9076, F.S.; revising membership criteria for
70	affordable housing advisory committees; revising notice
71	requirements for public hearings of the advisory
72	committee; requiring the committee's final report,
73	evaluation, and recommendations to be submitted to the
74	corporation; conforming a cross-reference; repealing s.
75	420.9078, F.S., relating to administration of certain
76	funds in the Local Government Housing Trust Fund;
77	providing for a transportation revenue study commission;
78	providing findings and intent; providing powers and
79	duties; providing for membership and organization;
80	providing for resources and appropriations; providing
81	effective dates.
82
83	Be It Enacted by the Legislature of the State of Florida:
84
85	Section 1.  Section 163.2526, Florida Statutes, is
86	repealed.
87	Section 2.  Subsection (2) of section 163.3167, Florida
88	Statutes, is amended to read:
89	163.3167  Scope of act.--
90	(2)  Each local government shall prepare a comprehensive
91	plan of the type and in the manner set out in this part act or
92	shall prepare amendments to its existing comprehensive plan to
93	conform it to the requirements of this part in the manner set
94	out in this part. Each local government, in accordance with the
95	procedures in s. 163.3184, shall submit its complete proposed
96	comprehensive plan or its complete comprehensive plan as
97	proposed to be amended to the state land planning agency by the
98	date specified in the rule adopted by the state land planning
99	agency pursuant to this subsection. The state land planning
100	agency shall, prior to October 1, 1987, adopt a schedule of
101	local governments required to submit complete proposed
102	comprehensive plans or comprehensive plans as proposed to be
103	amended.  Such schedule shall specify the exact date of
104	submission for each local government, shall establish equal,
105	staggered submission dates, and shall be consistent with the
106	following time periods:
107	(a)  Beginning on July 1, 1988, and on or before July 1,
108	1990, each county that is required to include a coastal
109	management element in its comprehensive plan and each
110	municipality in such a county; and
111	(b)  Beginning on July 1, 1989, and on or before July 1,
112	1991, all other counties or municipalities.
113
114	Nothing herein shall preclude the state land planning agency
115	from permitting by rule a county together with each municipality
116	in the county from submitting a proposed comprehensive plan
117	earlier than the dates established in paragraphs (a) and (b).
118	Any county or municipality that fails to meet the schedule set
119	for submission of its proposed comprehensive plan by more than
120	90 days shall be subject to the sanctions described in s.
121	163.3184(11)(a) imposed by the Administration Commission.
122	Notwithstanding the time periods established in this subsection,
123	the state land planning agency may establish later deadlines for
124	the submission of proposed comprehensive plans or comprehensive
125	plans as proposed to be amended for a county or municipality
126	which has all or a part of a designated area of critical state
127	concern within its boundaries; however, such deadlines shall not
128	be extended to a date later than July 1, 1991, or the time of
129	de-designation, whichever is earlier.
130	Section 3.  Paragraphs (a), (h), and (j) of subsection (6)
131	and paragraph (k) of subsection (10) of section 163.3177,
132	Florida Statutes, are amended to read:
133	163.3177  Required and optional elements of comprehensive
134	plan; studies and surveys.--
135	(6)  In addition to the requirements of subsections (1)-(5)
136	and (12), the comprehensive plan shall include the following
137	elements:
138	(a)  A future land use plan element designating proposed
139	future general distribution, location, and extent of the uses of
140	land for residential uses, commercial uses, industry,
141	agriculture, recreation, conservation, education, public
142	buildings and grounds, other public facilities, and other
143	categories of the public and private uses of land. Counties are
144	encouraged to designate rural land stewardship areas, pursuant
145	to the provisions of paragraph (11)(d), as overlays on the
146	future land use map. Each future land use category must be
147	defined in terms of uses included, and must include standards to
148	be followed in the control and distribution of population
149	densities and building and structure intensities. The proposed
150	distribution, location, and extent of the various categories of
151	land use shall be shown on a land use map or map series which
152	shall be supplemented by goals, policies, and measurable
153	objectives. The future land use plan shall be based upon
154	surveys, studies, and data regarding the area, including the
155	amount of land required to accommodate anticipated growth; the
156	projected population of the area; the character of undeveloped
157	land; the availability of water supplies, public facilities, and
158	services; the need for redevelopment, including the renewal of
159	blighted areas and the elimination of nonconforming uses which
160	are inconsistent with the character of the community; the
161	compatibility of uses on lands adjacent to or closely proximate
162	to military installations and airports as defined in s.
163	333.01(2) and consistent with provisions in s. 333.02; and, in
164	rural communities, the need for job creation, capital
165	investment, and economic development that will strengthen and
166	diversify the community's economy. The future land use plan may
167	designate areas for future planned development use involving
168	combinations of types of uses for which special regulations may
169	be necessary to ensure development in accord with the principles
170	and standards of the comprehensive plan and this act. The future
171	land use plan element shall include criteria to be used to
172	achieve the compatibility of adjacent or closely proximate lands
173	with military installations and airports as defined in s.
174	333.01(2) and consistent with provisions in s. 333.02. In
175	addition, for rural communities, the amount of land designated
176	for future planned industrial use shall be based upon surveys
177	and studies that reflect the need for job creation, capital
178	investment, and the necessity to strengthen and diversify the
179	local economies, and shall not be limited solely by the
180	projected population of the rural community. The future land use
181	plan of a county may also designate areas for possible future
182	municipal incorporation. The land use maps or map series shall
183	generally identify and depict historic district boundaries and
184	shall designate historically significant properties meriting
185	protection. For coastal counties, the future land use element
186	must include, without limitation, regulatory incentives and
187	criteria that encourage the preservation of recreational and
188	commercial working waterfronts as defined in s. 342.07. The
189	future land use element must clearly identify the land use
190	categories in which public schools are an allowable use. When
191	delineating the land use categories in which public schools are
192	an allowable use, a local government shall include in the
193	categories sufficient land proximate to residential development
194	to meet the projected needs for schools in coordination with
195	public school boards and may establish differing criteria for
196	schools of different type or size. Each local government shall
197	include lands contiguous to existing school sites, to the
198	maximum extent possible, within the land use categories in which
199	public schools are an allowable use. The failure by a local
200	government to comply with these school siting requirements will
201	result in the prohibition of the local government's ability to
202	amend the local comprehensive plan, except for plan amendments
203	described in s. 163.3187(1)(b), until the school siting
204	requirements are met. Amendments proposed by a local government
205	for purposes of identifying the land use categories in which
206	public schools are an allowable use are exempt from the
207	limitation on the frequency of plan amendments contained in s.
208	163.3187. The future land use element shall include criteria
209	that encourage the location of schools proximate to urban
210	residential areas to the extent possible and shall require that
211	the local government seek to collocate public facilities, such
212	as parks, libraries, and community centers, with schools to the
213	extent possible and to encourage the use of elementary schools
214	as focal points for neighborhoods. For schools serving
215	predominantly rural counties, defined as a county with a
216	population of 100,000 or fewer, an agricultural land use
217	category shall be eligible for the location of public school
218	facilities if the local comprehensive plan contains school
219	siting criteria and the location is consistent with such
220	criteria. Local governments required to update or amend their
221	comprehensive plan to include criteria and address compatibility
222	of adjacent or closely proximate lands with an existing or new
223	airport, defined in s. 333.01(2) and consistent with provisions
224	in s. 333.02, military installations in their future land use
225	plan element shall transmit the update or amendment to the
226	department by June 30, 2010 2006.
227	(h)1.  An intergovernmental coordination element showing
228	relationships and stating principles and guidelines to be used
229	in coordinating the accomplishment of coordination of the
230	adopted comprehensive plan with the plans of school boards,
231	regional water supply authorities, and other units of local
232	government providing services but not having regulatory
233	authority over the use of land, with the comprehensive plans of
234	adjacent municipalities, the county, adjacent counties, or the
235	region, with the state comprehensive plan and with the
236	applicable regional water supply plan approved pursuant to s.
237	373.0361, as the case may require and as such adopted plans or
238	plans in preparation may exist. This element of the local
239	comprehensive plan must shall demonstrate consideration of the
240	particular effects of the local plan, when adopted, upon the
241	development of adjacent municipalities, the county, adjacent
242	counties, or the region, or upon the state comprehensive plan,
243	as the case may require.
244	a.  The intergovernmental coordination element shall
245	provide for procedures for identifying and implementing to
246	identify and implement joint planning areas, especially for the
247	purpose of annexation, municipal incorporation, and joint
248	infrastructure service areas.
249	b.  The intergovernmental coordination element must shall
250	provide for recognition of campus master plans prepared pursuant
251	to s. 1013.30.
252	c.  The intergovernmental coordination element may provide
253	for a voluntary dispute resolution process, as established
254	pursuant to s. 186.509, for bringing to closure in a timely
255	manner intergovernmental disputes to closure in a timely manner.
256	A local government may also develop and use an alternative local
257	dispute resolution process for this purpose.
258	d.  The intergovernmental coordination element shall
259	provide for interlocal agreements, as established pursuant to s.
260	333.03(1)(b).
261	2.  The intergovernmental coordination element shall also
262	further state principles and guidelines to be used in
263	coordinating the accomplishment of coordination of the adopted
264	comprehensive plan with the plans of school boards and other
265	units of local government providing facilities and services but
266	not having regulatory authority over the use of land. In
267	addition, the intergovernmental coordination element must shall
268	describe joint processes for collaborative planning and
269	decisionmaking on population projections and public school
270	siting, the location and extension of public facilities subject
271	to concurrency, and siting facilities with countywide
272	significance, including locally unwanted land uses whose nature
273	and identity are established in an agreement. Within 1 year of
274	adopting their intergovernmental coordination elements, each
275	county, all the municipalities within that county, the district
276	school board, and any unit of local government service providers
277	in that county shall establish by interlocal or other formal
278	agreement executed by all affected entities, the joint processes
279	described in this subparagraph consistent with their adopted
280	intergovernmental coordination elements.
281	3.  To foster coordination between special districts and
282	local general-purpose governments as local general-purpose
283	governments implement local comprehensive plans, each
284	independent special district must submit a public facilities
285	report to the appropriate local government as required by s.
286	189.415.
287	4.a.  Local governments must execute an interlocal
288	agreement with the district school board, the county, and
289	nonexempt municipalities pursuant to s. 163.31777. The local
290	government shall amend the intergovernmental coordination
291	element to provide that coordination between the local
292	government and school board is pursuant to the agreement and
293	shall state the obligations of the local government under the
294	agreement.
295	b.  Plan amendments that comply with this subparagraph are
296	exempt from the provisions of s. 163.3187(1).
297	5.  The state land planning agency shall establish a
298	schedule for phased completion and transmittal of plan
299	amendments to implement subparagraphs 1., 2., and 3. from all
300	jurisdictions so as to accomplish their adoption by December 31,
301	1999. A local government may complete and transmit its plan
302	amendments to carry out these provisions prior to the scheduled
303	date established by the state land planning agency. The plan
304	amendments are exempt from the provisions of s. 163.3187(1).
305	5.6.  By January 1, 2004, any county having a population
306	greater than 100,000, and the municipalities and special
307	districts within that county, shall submit a report to the
308	Department of Community Affairs which identifies:
309	a.  Identifies All existing or proposed interlocal service
310	delivery agreements relating to regarding the following:
311	education; sanitary sewer; public safety; solid waste; drainage;
312	potable water; parks and recreation; and transportation
313	facilities.
314	b.  Identifies Any deficits or duplication in the provision
315	of services within its jurisdiction, whether capital or
316	operational. Upon request, the Department of Community Affairs
317	shall provide technical assistance to the local governments in
318	identifying deficits or duplication.
319	6.7.  Within 6 months after submission of the report, the
320	Department of Community Affairs shall, through the appropriate
321	regional planning council, coordinate a meeting of all local
322	governments within the regional planning area to discuss the
323	reports and potential strategies to remedy any identified
324	deficiencies or duplications.
325	7.8.  Each local government shall update its
326	intergovernmental coordination element based upon the findings
327	in the report submitted pursuant to subparagraph 5. 6. The
328	report may be used as supporting data and analysis for the
329	intergovernmental coordination element.
330	(j)  For each unit of local government within an urbanized
331	area designated for purposes of s. 339.175, a transportation
332	element, which shall be prepared and adopted in lieu of the
333	requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
334	and (d) and which shall address the following issues:
335	1.  Traffic circulation, including major thoroughfares and
336	other routes, including bicycle and pedestrian ways.
337	2.  All alternative modes of travel, such as public
338	transportation, pedestrian, and bicycle travel.
339	3.  Parking facilities.
340	4.  Aviation, rail, seaport facilities, access to those
341	facilities, and intermodal terminals.
342	5.  The availability of facilities and services to serve
343	existing land uses and the compatibility between future land use
344	and transportation elements.
345	6.  The capability to evacuate the coastal population prior
346	to an impending natural disaster.
347	7.  Airports, projected airport and aviation development,
348	and land use compatibility around airports that includes areas
349	defined in s. 333.01 and s. 333.02.
350	8.  An identification of land use densities, building
351	intensities, and transportation management programs to promote
352	public transportation systems in designated public
353	transportation corridors so as to encourage population densities
354	sufficient to support such systems.
355	9.  May include transportation corridors, as defined in s.
356	334.03, intended for future transportation facilities designated
357	pursuant to s. 337.273. If transportation corridors are
358	designated, the local government may adopt a transportation
359	corridor management ordinance.
360	(10)  The Legislature recognizes the importance and
361	significance of chapter 9J-5, Florida Administrative Code, the
362	Minimum Criteria for Review of Local Government Comprehensive
363	Plans and Determination of Compliance of the Department of
364	Community Affairs that will be used to determine compliance of
365	local comprehensive plans. The Legislature reserved unto itself
366	the right to review chapter 9J-5, Florida Administrative Code,
367	and to reject, modify, or take no action relative to this rule.
368	Therefore, pursuant to subsection (9), the Legislature hereby
369	has reviewed chapter 9J-5, Florida Administrative Code, and
370	expresses the following legislative intent:
371	(k)  In order for So that local governments are able to
372	prepare and adopt comprehensive plans with knowledge of the
373	rules that are will be applied to determine consistency of the
374	plans with provisions of this part, it is the intent of the
375	Legislature that there should be no doubt as to the legal
376	standing of chapter 9J-5, Florida Administrative Code, at the
377	close of the 1986 legislative session. Therefore, the
378	Legislature declares that changes made to chapter 9J-5, Florida
379	Administrative Code, prior to October 1, 1986, are shall not be
380	subject to rule challenges under s. 120.56(2), or to drawout
381	proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
382	Florida Administrative Code, as amended, shall be subject to
383	rule challenges under s. 120.56(3), as nothing herein indicates
384	shall be construed to indicate approval or disapproval of any
385	portion of chapter 9J-5, Florida Administrative Code, not
386	specifically addressed herein. No challenge pursuant to s.
387	120.56(3) may be filed from July 1, 1987, through April 1, 1993.
388	Any amendments to chapter 9J-5, Florida Administrative Code,
389	exclusive of the amendments adopted prior to October 1, 1986,
390	pursuant to this act, shall be subject to the full chapter 120
391	process. All amendments shall have effective dates as provided
392	in chapter 120 and submission to the President of the Senate and
393	Speaker of the House of Representatives shall not be required.
394	Section 4.  Subsection (2), paragraph (d) of subsection
395	(3), paragraph (a) of subsection (4), and subsections (5) and
396	(8) of section 163.3182, Florida Statutes, are amended to read:
397	163.3182  Transportation concurrency backlogs.--
398	(2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
399	AUTHORITIES; FINDINGS.--
400	(a)  A county or municipality may create a transportation
401	concurrency backlog authority if it has an identified
402	transportation concurrency backlog.
403	(b)  Acting as the transportation concurrency backlog
404	authority within the authority's jurisdictional boundary, the
405	governing body of a county or municipality shall adopt and
406	implement a plan to eliminate all identified transportation
407	concurrency backlogs within the authority's jurisdiction using
408	funds provided pursuant to subsection (5) and as otherwise
409	provided pursuant to this section.
410	(c)  The Legislature finds that there exist in counties and
411	municipalities of the state areas that have significant
412	transportation deficiencies and inadequate transportation
413	facilities; that many of such insufficiencies and inadequacies
414	severely limit or prohibit the satisfaction of transportation
415	concurrency standards; that such transportation insufficiencies
416	and inadequacies affect the health, safety, and welfare of the
417	residents of this state; that such transportation
418	insufficiencies and inadequacies adversely affect economic
419	development and growth of the tax base for the areas in which
420	such insufficiencies and inadequacies exist; and that the
421	elimination of transportation deficiencies and inadequacies and
422	the satisfaction of transportation concurrency standards are
423	paramount public purposes for the state and its counties and
424	municipalities.
425	(3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
426	AUTHORITY.--Each transportation concurrency backlog authority
427	has the powers necessary or convenient to carry out the purposes
428	of this section, including the following powers in addition to
429	others granted in this section:
430	(d)  To borrow money, including, but not limited to,
431	issuing debt obligations, such as bonds, notes, certificates,
432	and similar debt instruments; to apply for and accept advances,
433	loans, grants, contributions, and any other forms of financial
434	assistance from the Federal Government or the state, county, or
435	any other public body or from any sources, public or private,
436	for the purposes of this part; to give such security as may be
437	required; to enter into and carry out contracts or agreements;
438	and to include in any contracts for financial assistance with
439	the Federal Government for or with respect to a transportation
440	concurrency backlog project and related activities such
441	conditions imposed pursuant to federal laws as the
442	transportation concurrency backlog authority considers
443	reasonable and appropriate and which are not inconsistent with
444	the purposes of this section.
445	(4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
446	(a)  Each transportation concurrency backlog authority
447	shall adopt a transportation concurrency backlog plan as a part
448	of the local government comprehensive plan within 6 months after
449	the creation of the authority. The plan shall:
450	1.  Identify all transportation facilities that have been
451	designated as deficient and require the expenditure of moneys to
452	upgrade, modify, or mitigate the deficiency.
453	2.  Include a priority listing of all transportation
454	facilities that have been designated as deficient and do not
455	satisfy concurrency requirements pursuant to s. 163.3180, and
456	the applicable local government comprehensive plan.
457	3.  Establish a schedule for financing and construction of
458	transportation concurrency backlog projects that will eliminate
459	transportation concurrency backlogs within the jurisdiction of
460	the authority within 10 years after the transportation
461	concurrency backlog plan adoption. The schedule shall be adopted
462	as part of the local government comprehensive plan.
463
464	Notwithstanding any other provision in this paragraph, so long
465	as the schedule provides for the elimination of all
466	transportation concurrency backlogs within 10 years after the
467	adoption of the concurrency backlog plan, the final maturity
468	date of any debt incurred to finance or refinance the related
469	projects may be no later than 40 years following the date such
470	debt is incurred, and the authority may continue operations and
471	may administer the local transportation concurrency backlog
472	trust fund established in connection therewith for so long as
473	such debt remains outstanding.
474	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
475	concurrency backlog authority shall establish a local
476	transportation concurrency backlog trust fund upon creation of
477	the authority. Each local trust fund shall be administered by
478	the transportation concurrency backlog authority within which a
479	transportation concurrency backlog has been identified. Each
480	local trust fund shall continue to be funded pursuant to this
481	section for so long as the projects set forth in the related
482	transportation concurrency backlog plan remain to be completed
483	or until any debt incurred to finance or refinance the related
484	projects is no longer outstanding, whichever occurs later.
485	Beginning in the first fiscal year after the creation of the
486	authority, each local trust fund shall be funded by the proceeds
487	of an ad valorem tax increment collected within each
488	transportation concurrency backlog area to be determined
489	annually and shall be 50 25 percent of the difference between
490	the amounts set forth in paragraphs (a) and (b); however, all of
491	the affected taxing authorities may agree pursuant to the
492	interlocal agreement required in paragraph (1)(a) that a local
493	trust fund be funded by the proceeds of an ad valorem tax
494	increment greater than 50 percent of the difference between the
495	amounts set forth in paragraphs (a) and (b):
496	(a)  The amount of ad valorem tax levied each year by each
497	taxing authority, exclusive of any amount from any debt service
498	millage, on taxable real property contained within the
499	jurisdiction of the transportation concurrency backlog authority
500	and within the transportation backlog area; and
501	(b)  The amount of ad valorem taxes which would have been
502	produced by the rate upon which the tax is levied each year by
503	or for each taxing authority, exclusive of any debt service
504	millage, upon the total of the assessed value of the taxable
505	real property within the transportation concurrency backlog area
506	as shown on the most recent assessment roll used in connection
507	with the taxation of such property of each taxing authority
508	prior to the effective date of the ordinance funding the trust
509	fund.
510	(8)  DISSOLUTION.--Upon completion of all transportation
511	concurrency backlog projects and the repayment or defeasance of
512	all debt that was issued to finance or refinance such projects,
513	a transportation concurrency backlog authority shall be
514	dissolved, and its assets and liabilities shall be transferred
515	to the county or municipality within which the authority is
516	located. All remaining assets of the authority must be used for
517	implementation of transportation projects within the
518	jurisdiction of the authority. The local government
519	comprehensive plan shall be amended to remove the transportation
520	concurrency backlog plan.
521	Section 5.  Paragraph (a) of subsection (6) of section
522	163.32465, Florida Statutes, is amended to read:
523	163.32465  State review of local comprehensive plans in
524	urban areas.--
525	(6)  ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
526	PROGRAM.--
527	(a)  Any "affected person" as defined in s. 163.3184(1)(a)
528	may file a petition with the Division of Administrative Hearings
529	pursuant to ss. 120.569 and 120.57, with a copy served on the
530	affected local government, to request a formal hearing to
531	challenge whether the amendments are "in compliance" as defined
532	in s. 163.3184(1)(b). This petition must be filed with the
533	Division within 30 days after the local government adopts the
534	amendment. The state land planning agency may intervene in a
535	proceeding instituted by an affected person.
536	Section 6.  Paragraph (b) of subsection (1) of section
537	316.1575, Florida Statutes, is amended to read:
538	316.1575  Obedience to traffic control devices at railroad-
539	highway grade crossings.--
540	(1)  Any person walking or driving a vehicle and
541	approaching a railroad-highway grade crossing under any of the
542	circumstances stated in this section shall stop within 50 feet
543	but not less than 15 feet from the nearest rail of such railroad
544	and shall not proceed until he or she can do so safely. The
545	foregoing requirements apply when:
546	(b)  A crossing gate is lowered or a law enforcement
547	officer or a human flagger gives or continues to give a signal
548	of the approach or passage of a railroad train;
549	Section 7.  Section 316.159, Florida Statutes, is amended
550	to read:
551	316.159  Certain vehicles to stop or slow at all railroad
552	grade crossings.--
553	(1)  The driver of any motor vehicle carrying passengers
554	for hire, excluding taxicabs, of any school bus carrying any
555	school child, or of any vehicle carrying explosive substances or
556	flammable liquids as a cargo or part of a cargo, before crossing
557	at grade any track or tracks of a railroad, shall stop such
558	vehicle within 50 feet but not less than 15 feet from the
559	nearest rail of the railroad and, while so stopped, shall listen
560	and look in both directions along the track for any approaching
561	train, and for signals indicating the approach of a train,
562	except as hereinafter provided, and shall not proceed until he
563	or she can do so safely. After stopping as required herein and
564	upon proceeding when it is safe to do so, the driver of any such
565	vehicle shall cross only in a gear of the vehicle so that there
566	will be no necessity for changing gears while traversing the
567	crossing, and the driver shall not shift gears while crossing
568	the track or tracks.
569	(2)  No stop need be made at any such crossing where a
570	police officer, a traffic control signal, or a sign directs
571	traffic to proceed. However, any school bus carrying any school
572	child shall be required to stop unless directed to proceed by a
573	police officer.
574	(3)  The driver of a commercial motor vehicle that is not
575	required to stop under subsection (1) or subsection (2) shall,
576	before crossing at grade any track or tracks of a railroad, slow
577	down and check that the tracks are clear of an approaching
578	train.
579	(4)(3)  A violation of this section is a noncriminal
580	traffic infraction, punishable as a moving violation as provided
581	in chapter 318.
582	Section 8.  Effective October 1, 2008, paragraph (b) of
583	subsection (1) and subsections (6) and (8) of section 316.302,
584	Florida Statutes, are amended to read:
585	316.302  Commercial motor vehicles; safety regulations;
586	transporters and shippers of hazardous materials; enforcement.--
587	(1)
588	(b)  Except as otherwise provided in this section, all
589	owners or drivers of commercial motor vehicles that are engaged
590	in intrastate commerce are subject to the rules and regulations
591	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
592	exception of 49 C.F.R. s. 390.5 as it relates to the definition
593	of bus, as such rules and regulations existed on October 1, 2008
594	2005.
595	(6)  The state Department of Transportation shall perform
596	the duties that are assigned to the Field Administrator, Federal
597	Motor Carrier Safety Administration Regional Federal Highway
598	Administrator under the federal rules, and an agent of that
599	department, as described in s. 316.545(9), may enforce those
600	rules.
601	(8)  For the purpose of enforcing this section, any law
602	enforcement officer of the Department of Transportation or duly
603	appointed agent who holds a current safety inspector
604	certification from the Commercial Vehicle Safety Alliance may
605	require the driver of any commercial vehicle operated on the
606	highways of this state to stop and submit to an inspection of
607	the vehicle or the driver's records. If the vehicle or driver is
608	found to be operating in an unsafe condition, or if any required
609	part or equipment is not present or is not in proper repair or
610	adjustment, and the continued operation would present an unduly
611	hazardous operating condition, the officer may require the
612	vehicle or the driver to be removed from service pursuant to the
613	North American Standard Uniform Out-of-Service Criteria, until
614	corrected. However, if continuous operation would not present an
615	unduly hazardous operating condition, the officer may give
616	written notice requiring correction of the condition within 14
617	days.
618	(a)  Any member of the Florida Highway Patrol or any law
619	enforcement officer employed by a sheriff's office or municipal
620	police department authorized to enforce the traffic laws of this
621	state pursuant to s. 316.640 who has reason to believe that a
622	vehicle or driver is operating in an unsafe condition may, as
623	provided in subsection (10), enforce the provisions of this
624	section.
625	(b)  Any person who fails to comply with an officer's
626	request to submit to an inspection under this subsection commits
627	a violation of s. 843.02 if the person resists the officer
628	without violence or a violation of s. 843.01 if the person
629	resists the officer with violence.
630	Section 9.  Subsection (2) of section 316.613, Florida
631	Statutes, is amended to read:
632	316.613  Child restraint requirements.--
633	(2)  As used in this section, the term "motor vehicle"
634	means a motor vehicle as defined in s. 316.003 which that is
635	operated on the roadways, streets, and highways of the state.
636	The term does not include:
637	(a)  A school bus as defined in s. 316.003(45).
638	(b)  A bus used for the transportation of persons for
639	compensation, other than a bus regularly used to transport
640	children to or from school, as defined in s. 316.615(1)(b), or
641	in conjunction with school activities.
642	(c)  A farm tractor or implement of husbandry.
643	(d)  A truck having a gross vehicle weight rating of more
644	than 26,000 of net weight of more than 5,000 pounds.
645	(e)  A motorcycle, moped, or bicycle.
646	Section 10.  Paragraph (a) of subsection (3) of section
647	316.614, Florida Statutes, is amended to read:
648	316.614  Safety belt usage.--
649	(3)  As used in this section:
650	(a)  "Motor vehicle" means a motor vehicle as defined in s.
651	316.003 which that is operated on the roadways, streets, and
652	highways of this state. The term does not include:
653	1.  A school bus.
654	2.  A bus used for the transportation of persons for
655	compensation.
656	3.  A farm tractor or implement of husbandry.
657	4.  A truck having a gross vehicle weight rating of more
658	than 26,000 of a net weight of more than 5,000 pounds.
659	5.  A motorcycle, moped, or bicycle.
660	Section 11.  Subsection (4) of section 320.0715, Florida
661	Statutes, is amended to read:
662	320.0715  International Registration Plan; motor carrier
663	services; permits; retention of records.--
664	(4)  Each motor carrier registered under the International
665	Registration Plan shall maintain and keep, for a period of 4
666	years, pertinent records and papers as may be required by the
667	department for the reasonable administration of this chapter.
668	(a)  The department shall withhold the registration and
669	license plate for a commercial motor vehicle unless the
670	identifying number issued by the federal agency responsible for
671	motor carrier safety is provided for the motor carrier and the
672	entity responsible for motor carrier safety for each motor
673	vehicle as part of the application process.
674	(b)  The department may not issue a commercial motor
675	vehicle registration or license plate to, and may not transfer
676	the commercial motor vehicle registration or license plate for,
677	a motor carrier or vehicle owner who has been prohibited from
678	operating by a federal or state agency responsible for motor
679	carrier safety.
680	(c)  The department, with notice, shall suspend any
681	commercial motor vehicle registration and license plate issued
682	to a motor carrier or vehicle owner who has been prohibited from
683	operating by a federal or state agency responsible for motor
684	carrier safety.
685	Section 12.  Paragraph (a) of subsection (4) of section
686	320.0894, Florida Statutes, is amended to read:
687	320.0894  Motor vehicle license plates to Gold Star family
688	members.--The department shall develop a special license plate
689	honoring the family members of servicemembers who have been
690	killed while serving in the Armed Forces of the United States.
691	The license plate shall be officially designated as the Gold
692	Star license plate and shall be developed and issued as provided
693	in this section.
694	(4)(a)1.a.  The Gold Star license plate shall be issued
695	only to family members of a servicemember who resided in Florida
696	at the time of the death of the servicemember.
697	b.  Any family member, as defined in subparagraph 2., of a
698	servicemember killed while serving may be issued a Gold Star
699	license plate upon payment of the license tax and appropriate
700	fees as provided in paragraph (3)(a) without regard to the state
701	of residence of the servicemember.
702	2.  To qualify for issuance of a Gold Star license plate,
703	the applicant must be directly related to a fallen servicemember
704	as spouse, legal mother or father, or stepparent who is
705	currently married to the mother or father of the fallen
706	servicemember.
707	3.  A servicemember is deemed to have been killed while in
708	service as listed by the United States Department of Defense and
709	may be verified from documentation directly from the Department
710	of Defense or from its subordinate agencies, such as the Coast
711	Guard, Reserve, or National Guard.
712	Section 13.  Subsections (10), (23), and (29) of section
713	322.01, Florida Statutes, are amended to read:
714	322.01  Definitions.--As used in this chapter:
715	(10)(a)  "Conviction" means a conviction of an offense
716	relating to the operation of motor vehicles on highways which is
717	a violation of this chapter or any other such law of this state
718	or any other state, including an admission or determination of a
719	noncriminal traffic infraction pursuant to s. 318.14, or a
720	judicial disposition of an offense committed under any federal
721	law substantially conforming to the aforesaid state statutory
722	provisions.
723	(b)  Notwithstanding any other provisions of this chapter,
724	the definition of "conviction" provided in 49 C.F.R. part 383.5
725	applies to offenses committed in a commercial motor vehicle or
726	by a person holding a commercial driver license.
727	(23)  "Hazardous materials" means any material that has
728	been designated as hazardous under 49 U.S.C. 5103 and is
729	required to be placarded under subpart F of 49 C.F.R. part 172
730	or any quantity of a material listed as a select agent or toxin
731	in 42 C.F.R. part 73 has the meaning such term has under s. 103
732	of the Hazardous Materials Transportation Act.
733	(29)  "Out-of-service order" means a prohibition issued by
734	an authorized local, state, or Federal Government official which
735	precludes a person from driving a commercial motor vehicle for a
736	period of 72 hours or less.
737	Section 14.  Subsections (1) through (6) of section 322.61,
738	Florida Statutes, are amended to read:
739	322.61  Disqualification from operating a commercial motor
740	vehicle.--
741	(1)  A person who, for offenses occurring within a 3-year
742	period, is convicted of two of the following serious traffic
743	violations or any combination thereof, arising in separate
744	incidents committed in a commercial motor vehicle shall, in
745	addition to any other applicable penalties, be disqualified from
746	operating a commercial motor vehicle for a period of 60 days. A
747	holder of a commercial driver's license person who, for offenses
748	occurring within a 3-year period, is convicted of two of the
749	following serious traffic violations, or any combination
750	thereof, arising in separate incidents committed in a
751	noncommercial motor vehicle shall, in addition to any other
752	applicable penalties, be disqualified from operating a
753	commercial motor vehicle for a period of 60 days if such
754	convictions result in the suspension, revocation, or
755	cancellation of the licenseholder's driving privilege:
756	(a)  A violation of any state or local law relating to
757	motor vehicle traffic control, other than a parking violation, a
758	weight violation, or a vehicle equipment violation, arising in
759	connection with a crash resulting in death or personal injury to
760	any person;
761	(b)  Reckless driving, as defined in s. 316.192;
762	(c)  Careless driving, as defined in s. 316.1925;
763	(d)  Fleeing or attempting to elude a law enforcement
764	officer, as defined in s. 316.1935;
765	(e)  Unlawful speed of 15 miles per hour or more above the
766	posted speed limit;
767	(f)  Driving a commercial motor vehicle, owned by such
768	person, which is not properly insured;
769	(g)  Improper lane change, as defined in s. 316.085;
770	(h)  Following too closely, as defined in s. 316.0895;
771	(i)  Driving a commercial vehicle without obtaining a
772	commercial driver's license;
773	(j)  Driving a commercial vehicle without the proper class
774	of commercial driver's license or without the proper
775	endorsement; or
776	(k)  Driving a commercial vehicle without a commercial
777	driver's license in possession, as required by s. 322.03. Any
778	individual who provides proof to the clerk of the court or
779	designated official in the jurisdiction where the citation was
780	issued, by the date the individual must appear in court or pay
781	any fine for such a violation, that the individual held a valid
782	commercial driver's license on the date the citation was issued
783	is not guilty of this offense.
784	(2)(a)  Any person who, for offenses occurring within a 3-
785	year period, is convicted of three serious traffic violations
786	specified in subsection (1) or any combination thereof, arising
787	in separate incidents committed in a commercial motor vehicle
788	shall, in addition to any other applicable penalties, including
789	but not limited to the penalty provided in subsection (1), be
790	disqualified from operating a commercial motor vehicle for a
791	period of 120 days.
792	(b)  A holder of a commercial driver's license person who,
793	for offenses occurring within a 3-year period, is convicted of
794	three serious traffic violations specified in subsection (1) or
795	any combination thereof arising in separate incidents committed
796	in a noncommercial motor vehicle shall, in addition to any other
797	applicable penalties, including, but not limited to, the penalty
798	provided in subsection (1), be disqualified from operating a
799	commercial motor vehicle for a period of 120 days if such
800	convictions result in the suspension, revocation, or
801	cancellation of the licenseholder's driving privilege.
802	(3)  Except as provided in subsection (4), any person who
803	is convicted of one of the following offenses while operating a
804	commercial motor vehicle or any holder of a commercial driver's
805	license who is convicted of one of the following offenses while
806	operating a noncommercial motor vehicle shall, in addition to
807	any other applicable penalties, be disqualified from operating a
808	commercial motor vehicle for a period of 1 year:
809	(a)  Driving a commercial motor vehicle while he or she is
810	under the influence of alcohol or a controlled substance;
811	(b)  Driving a commercial motor vehicle while the alcohol
812	concentration of his or her blood, breath, or urine is .04
813	percent or higher;
814	(c)  Leaving the scene of a crash involving a commercial
815	motor vehicle driven by such person;
816	(d)  Using a commercial motor vehicle in the commission of
817	a felony;
818	(e)  Driving a commercial motor vehicle while in possession
819	of a controlled substance;
820	(f)  Refusing to submit to a test to determine his or her
821	alcohol concentration while driving a commercial motor vehicle;
822	(g)  Driving a commercial vehicle while the licenseholder's
823	commercial driver's license is suspended, revoked, or canceled
824	or while the licenseholder is disqualified from driving a
825	commercial vehicle; or
826	(h)  Causing a fatality through the negligent operation of
827	a commercial motor vehicle.
828	(4)  Any person who is transporting hazardous materials as
829	defined in s. 322.01(23) in a vehicle that is required to be
830	placarded in accordance with Title 49 C.F.R. part 172, subpart F
831	shall, upon conviction of an offense specified in subsection
832	(3), be disqualified from operating a commercial motor vehicle
833	for a period of 3 years. The penalty provided in this subsection
834	shall be in addition to any other applicable penalty.
835	(5)  Any person who is convicted of two violations
836	specified in subsection (3) which were committed while operating
837	a commercial motor vehicle, or any combination thereof, arising
838	in separate incidents shall be permanently disqualified from
839	operating a commercial motor vehicle. Any holder of a commercial
840	driver's license who is convicted of two violations specified in
841	subsection (3) which were committed while operating a
842	noncommercial motor vehicle, or any combination thereof, arising
843	in separate incidents shall be permanently disqualified from
844	operating a commercial motor vehicle. The penalty provided in
845	this subsection is shall be in addition to any other applicable
846	penalty.
847	(6)  Notwithstanding subsections (3), (4), and (5), any
848	person who uses a commercial motor vehicle in the commission of
849	any felony involving the manufacture, distribution, or
850	dispensing of a controlled substance, including possession with
851	intent to manufacture, distribute, or dispense a controlled
852	substance, shall, upon conviction of such felony, be permanently
853	disqualified from operating a commercial motor vehicle.
854	Notwithstanding subsections (3), (4), and (5), any holder of a
855	commercial driver's license who uses a noncommercial motor
856	vehicle in the commission of any felony involving the
857	manufacture, distribution, or dispensing of a controlled
858	substance, including possession with intent to manufacture,
859	distribute, or dispense a controlled substance, shall, upon
860	conviction of such felony, be permanently disqualified from
861	operating a commercial motor vehicle. The penalty provided in
862	this subsection is shall be in addition to any other applicable
863	penalty.
864	Section 15.  Subsections (1), (2), (4), (6), (7), (8), (9),
865	and (10) of section 322.64, Florida Statutes, is amended to
866	read:
867	322.64  Holder of commercial driver's license; persons
868	operating a commercial motor vehicle; driving with unlawful
869	blood-alcohol level; refusal to submit to breath, urine, or
870	blood test.--
871	(1)(a)  A law enforcement officer or correctional officer
872	shall, on behalf of the department, disqualify from operating
873	any commercial motor vehicle a person who while operating or in
874	actual physical control of a commercial motor vehicle is
875	arrested for a violation of s. 316.193, relating to unlawful
876	blood-alcohol level or breath-alcohol level, or a person who has
877	refused to submit to a breath, urine, or blood test authorized
878	by s. 322.63 arising out of the operation or actual physical
879	control of a commercial motor vehicle. A law enforcement officer
880	or correctional officer shall, on behalf of the department,
881	disqualify the holder of a commercial driver's license from
882	operating any commercial motor vehicle if the licenseholder,
883	while operating or in actual physical control of a motor
884	vehicle, is arrested for a violation of s. 316.193, relating to
885	unlawful blood-alcohol level or breath-alcohol level, or refused
886	to submit to a breath, urine, or blood test authorized by s.
887	322.63. Upon disqualification of the person, the officer shall
888	take the person's driver's license and issue the person a 10-day
889	temporary permit for the operation of noncommercial vehicles
890	only if the person is otherwise eligible for the driving
891	privilege and shall issue the person a notice of
892	disqualification. If the person has been given a blood, breath,
893	or urine test, the results of which are not available to the
894	officer at the time of the arrest, the agency employing the
895	officer shall transmit such results to the department within 5
896	days after receipt of the results. If the department then
897	determines that the person was arrested for a violation of s.
898	316.193 and that the person had a blood-alcohol level or breath-
899	alcohol level of 0.08 or higher, the department shall disqualify
900	the person from operating a commercial motor vehicle pursuant to
901	subsection (3).
902	(b)  The disqualification under paragraph (a) shall be
903	pursuant to, and the notice of disqualification shall inform the
904	driver of, the following:
905	1.a.  The driver refused to submit to a lawful breath,
906	blood, or urine test and he or she is disqualified from
907	operating a commercial motor vehicle for a period of 1 year, for
908	a first refusal, or permanently, if he or she has previously
909	been disqualified as a result of a refusal to submit to such a
910	test; or
911	b.  The driver was driving or in actual physical control of
912	a commercial motor vehicle, or any motor vehicle if the driver
913	holds a commercial driver's license, had an unlawful blood-
914	alcohol level or breath-alcohol level of 0.08 or higher, and his
915	or her driving privilege shall be disqualified for a period of 6
916	months for a first offense or for a period of 1 year if his or
917	her driving privilege has been previously disqualified under
918	this section violated s. 316.193 by driving with an unlawful
919	blood-alcohol level and he or she is disqualified from operating
920	a commercial motor vehicle for a period of 6 months for a first
921	offense or for a period of 1 year if he or she has previously
922	been disqualified, or his or her driving privilege has been
923	previously suspended, for a violation of s. 316.193.
924	2.  The disqualification period for operating commercial
925	vehicles shall commence on the date of arrest or issuance of the
926	notice of disqualification, whichever is later.
927	3.  The driver may request a formal or informal review of
928	the disqualification by the department within 10 days after the
929	date of arrest or issuance of the notice of disqualification,
930	whichever is later.
931	4.  The temporary permit issued at the time of arrest or
932	disqualification expires will expire at midnight of the 10th day
933	following the date of disqualification.
934	5.  The driver may submit to the department any materials
935	relevant to the disqualification arrest.
936	(2)  Except as provided in paragraph (1)(a), the law
937	enforcement officer shall forward to the department, within 5
938	days after the date of the arrest or the issuance of the notice
939	of disqualification, whichever is later, a copy of the notice of
940	disqualification, the driver's license of the person
941	disqualified arrested, and a report of the arrest, including, if
942	applicable, an affidavit stating the officer's grounds for
943	belief that the person disqualified arrested was operating or in
944	actual physical control of a commercial motor vehicle, or holds
945	a commercial driver's license, and had an unlawful blood-alcohol
946	or breath-alcohol level in violation of s. 316.193; the results
947	of any breath or blood or urine test or an affidavit stating
948	that a breath, blood, or urine test was requested by a law
949	enforcement officer or correctional officer and that the person
950	arrested refused to submit; a copy of the notice of
951	disqualification citation issued to the person arrested; and the
952	officer's description of the person's field sobriety test, if
953	any. The failure of the officer to submit materials within the
954	5-day period specified in this subsection or subsection (1) does
955	shall not affect the department's ability to consider any
956	evidence submitted at or prior to the hearing. The officer may
957	also submit a copy of a videotape of the field sobriety test or
958	the attempt to administer such test and a copy of the crash
959	report, if any.
960	(4)  If the person disqualified arrested requests an
961	informal review pursuant to subparagraph (1)(b)3., the
962	department shall conduct the informal review by a hearing
963	officer employed by the department. Such informal review hearing
964	shall consist solely of an examination by the department of the
965	materials submitted by a law enforcement officer or correctional
966	officer and by the person disqualified arrested, and the
967	presence of an officer or witness is not required.
968	(6)(a)  If the person disqualified arrested requests a
969	formal review, the department must schedule a hearing to be held
970	within 30 days after such request is received by the department
971	and must notify the person of the date, time, and place of the
972	hearing.
973	(b)  Such formal review hearing shall be held before a
974	hearing officer employed by the department, and the hearing
975	officer shall be authorized to administer oaths, examine
976	witnesses and take testimony, receive relevant evidence, issue
977	subpoenas for the officers and witnesses identified in documents
978	as provided in subsection (2), regulate the course and conduct
979	of the hearing, and make a ruling on the disqualification. The
980	department and the person disqualified arrested may subpoena
981	witnesses, and the party requesting the presence of a witness
982	shall be responsible for the payment of any witness fees. If the
983	person who requests a formal review hearing fails to appear and
984	the hearing officer finds such failure to be without just cause,
985	the right to a formal hearing is waived and the department shall
986	conduct an informal review of the disqualification under
987	subsection (4).
988	(c)  A party may seek enforcement of a subpoena under
989	paragraph (b) by filing a petition for enforcement in the
990	circuit court of the judicial circuit in which the person
991	failing to comply with the subpoena resides. A failure to comply
992	with an order of the court shall result in a finding of contempt
993	of court. However, a person shall not be in contempt while a
994	subpoena is being challenged.
995	(d)  The department must, within 7 days after a formal
996	review hearing, send notice to the person of the hearing
997	officer's decision as to whether sufficient cause exists to
998	sustain, amend, or invalidate the disqualification.
999	(7)  In a formal review hearing under subsection (6) or an
1000	informal review hearing under subsection (4), the hearing
1001	officer shall determine by a preponderance of the evidence
1002	whether sufficient cause exists to sustain, amend, or invalidate
1003	the disqualification. The scope of the review shall be limited
1004	to the following issues:
1005	(a)  If the person was disqualified from operating a
1006	commercial motor vehicle for driving with an unlawful blood-
1007	alcohol level in violation of s. 316.193:
1008	1.  Whether the arresting law enforcement officer had
1009	probable cause to believe that the person was driving or in
1010	actual physical control of a commercial motor vehicle, or any
1011	motor vehicle if the driver holds a commercial driver's license,
1012	in this state while he or she had any alcohol, chemical
1013	substances, or controlled substances in his or her body.
1014	2.  Whether the person was placed under lawful arrest for a
1015	violation of s. 316.193.
1016	2.3.  Whether the person had an unlawful blood-alcohol
1017	level or breath-alcohol level of 0.08 or higher as provided in
1018	s. 316.193.
1019	(b)  If the person was disqualified from operating a
1020	commercial motor vehicle for refusal to submit to a breath,
1021	blood, or urine test:
1022	1.  Whether the law enforcement officer had probable cause
1023	to believe that the person was driving or in actual physical
1024	control of a commercial motor vehicle, or any motor vehicle if
1025	the driver holds a commercial driver's license, in this state
1026	while he or she had any alcohol, chemical substances, or
1027	controlled substances in his or her body.
1028	2.  Whether the person refused to submit to the test after
1029	being requested to do so by a law enforcement officer or
1030	correctional officer.
1031	3.  Whether the person was told that if he or she refused
1032	to submit to such test he or she would be disqualified from
1033	operating a commercial motor vehicle for a period of 1 year or,
1034	in the case of a second refusal, permanently.
1035	(8)  Based on the determination of the hearing officer
1036	pursuant to subsection (7) for both informal hearings under
1037	subsection (4) and formal hearings under subsection (6), the
1038	department shall:
1039	(a)  Sustain the disqualification for a period of 1 year
1040	for a first refusal, or permanently if such person has been
1041	previously disqualified from operating a commercial motor
1042	vehicle as a result of a refusal to submit to such tests. The
1043	disqualification period commences on the date of the arrest or
1044	issuance of the notice of disqualification, whichever is later.
1045	(b)  Sustain the disqualification:
1046	1.  For a period of 6 months if the person was driving or
1047	in actual physical control of a commercial motor vehicle, or any
1048	motor vehicle if the driver holds a commercial driver's license,
1049	and had an unlawful blood-alcohol level or breath-alcohol level
1050	of 0.08 or higher; for a violation of s. 316.193 or
1051	2.  For a period of 1 year if the person has been
1052	previously disqualified from operating a commercial motor
1053	vehicle or his or her driving privilege has been previously
1054	suspended for driving or being in actual physical control of a
1055	commercial motor vehicle, or any motor vehicle if the driver
1056	holds a commercial driver's license, and had an unlawful blood-
1057	alcohol level or breath-alcohol level of 0.08 or higher as a
1058	result of a violation of s. 316.193.
1059
1060	The disqualification period commences on the date of the arrest
1061	or issuance of the notice of disqualification, whichever is
1062	later.
1063	(9)  A request for a formal review hearing or an informal
1064	review hearing shall not stay the disqualification. If the
1065	department fails to schedule the formal review hearing to be
1066	held within 30 days after receipt of the request therefor, the
1067	department shall invalidate the disqualification. If the
1068	scheduled hearing is continued at the department's initiative,
1069	the department shall issue a temporary driving permit limited to
1070	noncommercial vehicles which is shall be valid until the hearing
1071	is conducted if the person is otherwise eligible for the driving
1072	privilege. Such permit shall not be issued to a person who
1073	sought and obtained a continuance of the hearing. The permit
1074	issued under this subsection shall authorize driving for
1075	business purposes or employment use only.
1076	(10)  A person who is disqualified from operating a
1077	commercial motor vehicle under subsection (1) or subsection (3)
1078	is eligible for issuance of a license for business or employment
1079	purposes only under s. 322.271 if the person is otherwise
1080	eligible for the driving privilege. However, such business or
1081	employment purposes license shall not authorize the driver to
1082	operate a commercial motor vehicle.
1083	Section 16.  Paragraph (b) of subsection (1) of section
1084	338.223, Florida Statutes, is amended to read:
1085	338.223  Proposed turnpike projects.--
1086	(1)
1087	(b)  Any proposed turnpike project or improvement shall be
1088	developed in accordance with the Florida Transportation Plan and
1089	the work program pursuant to s. 339.135. Turnpike projects that
1090	add capacity, alter access, affect feeder roads, or affect the
1091	operation of the local transportation system shall be included
1092	in the transportation improvement plan of the affected
1093	metropolitan planning organization. If such turnpike project
1094	does not fall within the jurisdiction of a metropolitan planning
1095	organization, the department shall notify the affected county
1096	and provide for public hearings in accordance with s.
1097	339.155(5)(6)(c).
1098	Section 17.  Section 339.155, Florida Statutes, is amended
1099	to read:
1100	339.155  Transportation planning.--
1101	(1)  THE FLORIDA TRANSPORTATION PLAN.--The department shall
1102	develop and annually update a statewide transportation plan, to
1103	be known as the Florida Transportation Plan. The plan shall be
1104	designed so as to be easily read and understood by the general
1105	public. The purpose of the Florida Transportation Plan is to
1106	establish and define the state's long-range transportation goals
1107	and objectives to be accomplished over a period of at least 20
1108	years within the context of the State Comprehensive Plan, and
1109	any other statutory mandates and authorizations and based upon
1110	the prevailing principles of: preserving the existing
1111	transportation infrastructure; enhancing Florida's economic
1112	competitiveness; and improving travel choices to ensure
1113	mobility. The Florida Transportation Plan shall consider the
1114	needs of the entire state transportation system and examine the
1115	use of all modes of transportation to effectively and
1116	efficiently meet such needs.
1117	(2)  SCOPE OF PLANNING PROCESS.--The department shall carry
1118	out a transportation planning process in conformance with s.
1119	334.046(1) and 23 U.S.C. s. 135, as amended from time to time.
1120	which provides for consideration of projects and strategies that
1121	will:
1122	(a)  Support the economic vitality of the United States,
1123	Florida, and the metropolitan areas, especially by enabling
1124	global competitiveness, productivity, and efficiency;
1125	(b)  Increase the safety and security of the transportation
1126	system for motorized and nonmotorized users;
1127	(c)  Increase the accessibility and mobility options
1128	available to people and for freight;
1129	(d)  Protect and enhance the environment, promote energy
1130	conservation, and improve quality of life;
1131	(e)  Enhance the integration and connectivity of the
1132	transportation system, across and between modes throughout
1133	Florida, for people and freight;
1134	(f)  Promote efficient system management and operation; and
1135	(g)  Emphasize the preservation of the existing
1136	transportation system.
1137	(3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida
1138	Transportation Plan shall be a unified, concise planning
1139	document that clearly defines the state's long-range
1140	transportation goals and objectives and documents the
1141	department's short-range objectives developed to further such
1142	goals and objectives. The plan shall:
1143	(a)  Include a glossary that clearly and succinctly defines
1144	any and all phrases, words, or terms of art included in the
1145	plan, with which the general public may be unfamiliar. and shall
1146	consist of, at a minimum, the following components:
1147	(b)(a)  Document A long-range component documenting the
1148	goals and long-term objectives necessary to implement the
1149	results of the department's findings from its examination of the
1150	criteria listed in subsection (2) and s. 334.046(1).
1151	(c)  The long-range component must Be developed in
1152	cooperation with the metropolitan planning organizations and
1153	reconciled, to the maximum extent feasible, with the long-range
1154	plans developed by metropolitan planning organizations pursuant
1155	to s. 339.175.
1156	(d)  The plan must also Be developed in consultation with
1157	affected local officials in nonmetropolitan areas and with any
1158	affected Indian tribal governments.
1159	(e)  The plan must Provide an examination of transportation
1160	issues likely to arise during at least a 20-year period.
1161	(f)  The long-range component shall Be updated at least
1162	once every 5 years, or more often as necessary, to reflect
1163	substantive changes to federal or state law.
1164	(b)  A short-range component documenting the short-term
1165	objectives and strategies necessary to implement the goals and
1166	long-term objectives contained in the long-range component. The
1167	short-range component must define the relationship between the
1168	long-range goals and the short-range objectives, specify those
1169	objectives against which the department's achievement of such
1170	goals will be measured, and identify transportation strategies
1171	necessary to efficiently achieve the goals and objectives in the
1172	plan. It must provide a policy framework within which the
1173	department's legislative budget request, the strategic
1174	information resource management plan, and the work program are
1175	developed. The short-range component shall serve as the
1176	department's annual agency strategic plan pursuant to s.
1177	186.021. The short-range component shall be developed consistent
1178	with available and forecasted state and federal funds. The
1179	short-range component shall also be submitted to the Florida
1180	Transportation Commission.
1181	(4)  ANNUAL PERFORMANCE REPORT.--The department shall
1182	develop an annual performance report evaluating the operation of
1183	the department for the preceding fiscal year. The report shall
1184	also include a summary of the financial operations of the
1185	department and shall annually evaluate how well the adopted work
1186	program meets the short-term objectives contained in the short-
1187	range component of the Florida Transportation Plan. This
1188	performance report shall be submitted to the Florida
1189	Transportation Commission and the legislative appropriations and
1190	transportation committees.
1191	(4)(5)  ADDITIONAL TRANSPORTATION PLANS.--
1192	(a)  Upon request by local governmental entities, the
1193	department may in its discretion develop and design
1194	transportation corridors, arterial and collector streets,
1195	vehicular parking areas, and other support facilities which are
1196	consistent with the plans of the department for major
1197	transportation facilities. The department may render to local
1198	governmental entities or their planning agencies such technical
1199	assistance and services as are necessary so that local plans and
1200	facilities are coordinated with the plans and facilities of the
1201	department.
1202	(b)  Each regional planning council, as provided for in s.
1203	186.504, or any successor agency thereto, shall develop, as an
1204	element of its strategic regional policy plan, transportation
1205	goals and policies. The transportation goals and policies must
1206	be prioritized to comply with the prevailing principles provided
1207	in subsection (2) and s. 334.046(1). The transportation goals
1208	and policies shall be consistent, to the maximum extent
1209	feasible, with the goals and policies of the metropolitan
1210	planning organization and the Florida Transportation Plan. The
1211	transportation goals and policies of the regional planning
1212	council will be advisory only and shall be submitted to the
1213	department and any affected metropolitan planning organization
1214	for their consideration and comments. Metropolitan planning
1215	organization plans and other local transportation plans shall be
1216	developed consistent, to the maximum extent feasible, with the
1217	regional transportation goals and policies. The regional
1218	planning council shall review urbanized area transportation
1219	plans and any other planning products stipulated in s. 339.175
1220	and provide the department and respective metropolitan planning
1221	organizations with written recommendations which the department
1222	and the metropolitan planning organizations shall take under
1223	advisement. Further, the regional planning councils shall
1224	directly assist local governments which are not part of a
1225	metropolitan area transportation planning process in the
1226	development of the transportation element of their comprehensive
1227	plans as required by s. 163.3177.
1228	(c)  Regional transportation plans may be developed in
1229	regional transportation areas in accordance with an interlocal
1230	agreement entered into pursuant to s. 163.01 by two or more
1231	contiguous metropolitan planning organizations; one or more
1232	metropolitan planning organizations and one or more contiguous
1233	counties, none of which is a member of a metropolitan planning
1234	organization; a multicounty regional transportation authority
1235	created by or pursuant to law; two or more contiguous counties
1236	that are not members of a metropolitan planning organization; or
1237	metropolitan planning organizations comprised of three or more
1238	counties.
1239	(d)  The interlocal agreement must, at a minimum, identify
1240	the entity that will coordinate the development of the regional
1241	transportation plan; delineate the boundaries of the regional
1242	transportation area; provide the duration of the agreement and
1243	specify how the agreement may be terminated, modified, or
1244	rescinded; describe the process by which the regional
1245	transportation plan will be developed; and provide how members
1246	of the entity will resolve disagreements regarding
1247	interpretation of the interlocal agreement or disputes relating
1248	to the development or content of the regional transportation
1249	plan. Such interlocal agreement shall become effective upon its
1250	recordation in the official public records of each county in the
1251	regional transportation area.
1252	(e)  The regional transportation plan developed pursuant to
1253	this section must, at a minimum, identify regionally significant
1254	transportation facilities located within a regional
1255	transportation area and contain a prioritized list of regionally
1256	significant projects. The level-of-service standards for
1257	facilities to be funded under this subsection shall be adopted
1258	by the appropriate local government in accordance with s.
1259	163.3180(10). The projects shall be adopted into the capital
1260	improvements schedule of the local government comprehensive plan
1261	pursuant to s. 163.3177(3).
1262	(5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
1263	TRANSPORTATION PLANNING.--
1264	(a)  During the development of the long-range component of
1265	the Florida Transportation Plan and prior to substantive
1266	revisions, the department shall provide citizens, affected
1267	public agencies, representatives of transportation agency
1268	employees, other affected employee representatives, private
1269	providers of transportation, and other known interested parties
1270	with an opportunity to comment on the proposed plan or
1271	revisions. These opportunities shall include, at a minimum,
1272	publishing a notice in the Florida Administrative Weekly and
1273	within a newspaper of general circulation within the area of
1274	each department district office.
1275	(b)  During development of major transportation
1276	improvements, such as those increasing the capacity of a
1277	facility through the addition of new lanes or providing new
1278	access to a limited or controlled access facility or
1279	construction of a facility in a new location, the department
1280	shall hold one or more hearings prior to the selection of the
1281	facility to be provided; prior to the selection of the site or
1282	corridor of the proposed facility; and prior to the selection of
1283	and commitment to a specific design proposal for the proposed
1284	facility. Such public hearings shall be conducted so as to
1285	provide an opportunity for effective participation by interested
1286	persons in the process of transportation planning and site and
1287	route selection and in the specific location and design of
1288	transportation facilities. The various factors involved in the
1289	decision or decisions and any alternative proposals shall be
1290	clearly presented so that the persons attending the hearing may
1291	present their views relating to the decision or decisions which
1292	will be made.
1293	(c)  Opportunity for design hearings:
1294	1.  The department, prior to holding a design hearing,
1295	shall duly notify all affected property owners of record, as
1296	recorded in the property appraiser's office, by mail at least 20
1297	days prior to the date set for the hearing. The affected
1298	property owners shall be:
1299	a.  Those whose property lies in whole or in part within
1300	300 feet on either side of the centerline of the proposed
1301	facility.
1302	b.  Those whom the department determines will be
1303	substantially affected environmentally, economically, socially,
1304	or safetywise.
1305	2.  For each subsequent hearing, the department shall
1306	publish notice prior to the hearing date in a newspaper of
1307	general circulation for the area affected. These notices must be
1308	published twice, with the first notice appearing at least 15
1309	days, but no later than 30 days, before the hearing.
1310	3.  A copy of the notice of opportunity for the hearing
1311	must be furnished to the United States Department of
1312	Transportation and to the appropriate departments of the state
1313	government at the time of publication.
1314	4.  The opportunity for another hearing shall be afforded
1315	in any case when proposed locations or designs are so changed
1316	from those presented in the notices specified above or at a
1317	hearing as to have a substantially different social, economic,
1318	or environmental effect.
1319	5.  The opportunity for a hearing shall be afforded in each
1320	case in which the department is in doubt as to whether a hearing
1321	is required.
1322	Section 18.  Subsections (1) and (3) of section 339.2819,
1323	Florida Statutes, are amended to read:
1324	339.2819  Transportation Regional Incentive Program.--
1325	(1)  There is created within the Department of
1326	Transportation a Transportation Regional Incentive Program for
1327	the purpose of providing funds to improve regionally significant
1328	transportation facilities in regional transportation areas
1329	created pursuant to s. 339.155(4)(5).
1330	(3)  The department shall allocate funding available for
1331	the Transportation Regional Incentive Program to the districts
1332	based on a factor derived from equal parts of population and
1333	motor fuel collections for eligible counties in regional
1334	transportation areas created pursuant to s. 339.155(4)(5).
1335	Section 19.  Subsection (6) of section 339.285, Florida
1336	Statutes, is amended to read:
1337	339.285  Enhanced Bridge Program for Sustainable
1338	Transportation.--
1339	(6)  Preference shall be given to bridge projects located
1340	on corridors that connect to the Strategic Intermodal System,
1341	created under s. 339.64, and that have been identified as
1342	regionally significant in accordance with s. 339.155(4)(5)(c),
1343	(d), and (e).
1344	Section 20.  Paragraph (h) of subsection (2), subsections
1345	(5) and (6), and paragraph (a) of subsection (7) of section
1346	420.9076, Florida Statutes, are amended to read:
1347	420.9076  Adoption of affordable housing incentive
1348	strategies; committees.--
1349	(2)  The governing board of a county or municipality shall
1350	appoint the members of the affordable housing advisory committee
1351	by resolution. Pursuant to the terms of any interlocal
1352	agreement, a county and municipality may create and jointly
1353	appoint an advisory committee to prepare a joint plan. The
1354	ordinance adopted pursuant to s. 420.9072 which creates the
1355	advisory committee or the resolution appointing the advisory
1356	committee members must provide for 11 committee members and
1357	their terms. The committee must include:
1358	(h)  One citizen who actively serves on the local planning
1359	agency pursuant to s. 163.3174. When the local planning agency
1360	is comprised of the governing board of the county or
1361	municipality, the governing board may appoint a designee who is
1362	knowledgeable in the local planning process.
1363
1364	If a county or eligible municipality whether due to its small
1365	size, the presence of a conflict of interest by prospective
1366	appointees, or other reasonable factor, is unable to appoint a
1367	citizen actively engaged in these activities in connection with
1368	affordable housing, a citizen engaged in the activity without
1369	regard to affordable housing may be appointed. Local governments
1370	that receive the minimum allocation under the State Housing
1371	Initiatives Partnership Program may elect to appoint an
1372	affordable housing advisory committee with fewer than 11
1373	representatives if they are unable to find representatives who
1374	meet the criteria of paragraphs (a)-(k).
1375	(5)  The approval by the advisory committee of its local
1376	housing incentive strategies recommendations and its review of
1377	local government implementation of previously recommended
1378	strategies must be made by affirmative vote of a majority of the
1379	membership of the advisory committee taken at a public hearing.
1380	Notice of the time, date, and place of the public hearing of the
1381	advisory committee to adopt its evaluation and final local
1382	housing incentive strategies recommendations must be published
1383	in a newspaper of general paid circulation in the county. The
1384	notice must contain a short and concise summary of the
1385	evaluation and local housing incentives strategies
1386	recommendations to be considered by the advisory committee. The
1387	notice must state the public place where a copy of the tentative
1388	advisory committee recommendations can be obtained by interested
1389	persons. The final report, evaluation, and recommendations shall
1390	be submitted to the corporation.
1391	(6)  Within 90 days after the date of receipt of the
1392	evaluation and local housing incentive strategies
1393	recommendations from the advisory committee, the governing body
1394	of the appointing local government shall adopt an amendment to
1395	its local housing assistance plan to incorporate the local
1396	housing incentive strategies it will implement within its
1397	jurisdiction. The amendment must include, at a minimum, the
1398	local housing incentive strategies required under s.
1399	420.9071(16). The local government must consider the strategies
1400	specified in paragraphs (4)(a)-(k) as recommended by the
1401	advisory committee.
1402	(7)  The governing board of the county or the eligible
1403	municipality shall notify the corporation by certified mail of
1404	its adoption of an amendment of its local housing assistance
1405	plan to incorporate local housing incentive strategies. The
1406	notice must include a copy of the approved amended plan.
1407	(a)  If the corporation fails to receive timely the
1408	approved amended local housing assistance plan to incorporate
1409	local housing incentive strategies, a notice of termination of
1410	its share of the local housing distribution shall be sent by
1411	certified mail by the corporation to the affected county or
1412	eligible municipality. The notice of termination must specify a
1413	date of termination of the funding if the affected county or
1414	eligible municipality has not adopted an amended local housing
1415	assistance plan to incorporate local housing incentive
1416	strategies. If the county or the eligible municipality has not
1417	adopted an amended local housing assistance plan to incorporate
1418	local housing incentive strategies by the termination date
1419	specified in the notice of termination, the local distribution
1420	share terminates; and any uncommitted local distribution funds
1421	held by the affected county or eligible municipality in its
1422	local housing assistance trust fund shall be transferred to the
1423	Local Government Housing Trust Fund to the credit of the
1424	corporation to administer the local government housing program
1425	pursuant to s. 420.9078.
1426	Section 21.  Section 420.9078, Florida Statutes, is
1427	repealed.
1428	Section 22.  The Florida Transportation Revenue Study
1429	Commission.--
1430	(1)  FINDINGS AND INTENT.--The Legislature finds and
1431	declares that the costs of preserving investments in
1432	transportation infrastructure and eliminating or reducing
1433	congestion in the movement of people and goods is expected to
1434	increase dramatically with commensurate impacts to the state's
1435	economy, environment, and quality of life.
1436	(2)  POWERS AND DUTIES.--The Florida Transportation Revenue
1437	Study Commission is hereby created to study state, regional, and
1438	local transportation needs within the state and to develop
1439	recommendations that are intended to address those needs. The
1440	commission shall submit a written report to the Legislature that
1441	contains its findings and recommendations by January 1, 2010.
1442	The report presented by the commission shall, at a minimum,
1443	include findings and recommendations regarding:
1444	(a)  Stability of existing transportation revenue sources,
1445	taking into account energy efficient vehicles, emerging
1446	technologies, alternative fuels, and other state and federal
1447	initiatives.
1448	(b)  Funding needs of state, regional, and local
1449	transportation facilities and the ability to address those needs
1450	in light of the state's investment policy used to support the
1451	strategic intermodal system.
1452	(c)  Suggested changes to existing state and local
1453	government transportation funding programs that are currently
1454	available.
1455	(d)  New and innovative transportation funding options that
1456	can be used by the state and local governments to address
1457	transportation needs.
1458	(e)  Equitable distribution of transportation revenues.
1459	(3)  MEMBERSHIP.--
1460	(a)  The commission shall consist of 13 members as follows:
1461	1.  Three members shall be appointed by the Governor.
1462	2.  Three members shall be appointed by the President of
1463	the Senate.
1464	3.  Three members shall be appointed by the Speaker of the
1465	House of Representatives.
1466	4.  One member shall be the secretary of Florida Department
1467	of Transportation or the secretary's designee.
1468	5.  One member shall be appointed by the Metropolitan
1469	Planning Organization Advisory Council.
1470	6.  One member shall be appointed from among its members by
1471	the Florida Association of Counties, Inc.
1472	7.  One member shall be appointed from among its members by
1473	the Florida League of Cities, Inc.
1474	(b)  The membership must represent transportation
1475	organizations, local governments, developers and homebuilders,
1476	the business community, the environmental community, and other
1477	appropriate transportation system stakeholders. One member shall
1478	be designated by the Governor as chair of the commission.
1479	Members shall serve appointments commensurate with the duration
1480	of the existence of the commission until the adjournment sine
1481	die of the 2010 Regular Session of the Legislature. Any vacancy
1482	that occurs on the commission must be filled in the same manner
1483	as the original appointment. Members of the commission shall
1484	serve without compensation but shall be entitled to receive per
1485	diem and travel expenses in accordance with section 112.061,
1486	Florida Statutes, while in performance of their duties.
1487	(4)  ORGANIZATION.--The first meeting of the commission
1488	shall be at the call of the chair and held no later than October
1489	1, 2008. Thereafter, the commission shall meet at the call of
1490	the chair but not less frequently than three times per year.
1491	Each member of the commission is entitled to one vote. Actions
1492	of the commission are not binding unless taken by a majority
1493	vote of the members present. A majority of the members is
1494	required to constitute a quorum, and the affirmative vote of the
1495	quorum is required for a binding vote. The commission shall be
1496	empowered to adopt its own rules of procedure and to have such
1497	other powers as are reasonably necessary to complete its
1498	responsibilities.
1499	(5)  RESOURCES AND APPROPRIATIONS.--The Center for Urban
1500	Transportation Research at the University of South Florida shall
1501	provide staff and other resources necessary to accomplish the
1502	goals of the commission. All agencies under the control of the
1503	Governor are directed, and all other federal, state, and local
1504	agencies are requested, to render assistance to and cooperate
1505	with the commission. An annual appropriation of $200,000 in
1506	nonrecurring General Revenue funds in fiscal years 2008-2009 and
1507	2009-2010 shall be appropriated to the Center for Urban
1508	Transportation Research to provide staff services and other
1509	related assistance to the commission.
1510	Section 23.  Except as otherwise expressly provided in this
1511	act, this act shall take effect July 1, 2008.

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