((LATE FILED FOR: 4/29/2008 8:30:00 AM))	Amendment
Bill No. CS/CS/HB 1399

Amendment No. 046849

CHAMBER ACTION
Senate		House
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1	Representatives Cannon and Aubuchon offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Paragraph (h) of subsection (2) of section
6	20.23, Florida Statutes, is amended to read:
7	20.23  Department of Transportation.--There is created a
8	Department of Transportation which shall be a decentralized
9	agency.
10	(2)
11	(h)  The commission shall appoint an executive director and
12	assistant executive director, who shall serve under the
13	direction, supervision, and control of the commission. The
14	executive director, with the consent of the commission, shall
15	employ such staff as are necessary to perform adequately the
16	functions of the commission, within budgetary limitations. All
17	employees of the commission are exempt from part II of chapter
18	110 and shall serve at the pleasure of the commission. The
19	salary and benefits of the executive director shall be set in
20	accordance with the Senior Management Service. The salaries and
21	benefits of all other employees of the commission shall be set
22	in accordance with the Selected Exempt Service; provided,
23	however, that the commission has shall have complete authority
24	for fixing the salary of the executive director and assistant
25	executive director.
26	Section 2.  Subsection (5) of section 125.42, Florida
27	Statutes, is amended to read:
28	125.42  Water, sewage, gas, power, telephone, other
29	utility, and television lines along county roads and highways.--
30	(5)  In the event of widening, repair, or reconstruction of
31	any such road, the licensee shall move or remove such water,
32	sewage, gas, power, telephone, and other utility lines and
33	television lines at no cost to the county except as provided in
34	s. 337.403(1)(e).
35	Section 3.  Paragraphs (a), (h), and (j) of subsection (6)
36	of section 163.3177, Florida Statutes, are amended to read:
37	163.3177  Required and optional elements of comprehensive
38	plan; studies and surveys.--
39	(6)  In addition to the requirements of subsections (1)-(5)
40	and (12), the comprehensive plan shall include the following
41	elements:
42	(a)  A future land use plan element designating proposed
43	future general distribution, location, and extent of the uses of
44	land for residential uses, commercial uses, industry,
45	agriculture, recreation, conservation, education, public
46	buildings and grounds, other public facilities, and other
47	categories of the public and private uses of land. Counties are
48	encouraged to designate rural land stewardship areas, pursuant
49	to the provisions of paragraph (11)(d), as overlays on the
50	future land use map. Each future land use category must be
51	defined in terms of uses included, and must include standards to
52	be followed in the control and distribution of population
53	densities and building and structure intensities. The proposed
54	distribution, location, and extent of the various categories of
55	land use shall be shown on a land use map or map series which
56	shall be supplemented by goals, policies, and measurable
57	objectives. The future land use plan shall be based upon
58	surveys, studies, and data regarding the area, including the
59	amount of land required to accommodate anticipated growth; the
60	projected population of the area; the character of undeveloped
61	land; the availability of water supplies, public facilities, and
62	services; the need for redevelopment, including the renewal of
63	blighted areas and the elimination of nonconforming uses which
64	are inconsistent with the character of the community; the
65	compatibility of uses on lands adjacent to or closely proximate
66	to military installations; lands adjacent to an airport as
67	defined in s. 330.35 and consistent with provisions in s.
68	333.02; and, in rural communities, the need for job creation,
69	capital investment, and economic development that will
70	strengthen and diversify the community's economy. The future
71	land use plan may designate areas for future planned development
72	use involving combinations of types of uses for which special
73	regulations may be necessary to ensure development in accord
74	with the principles and standards of the comprehensive plan and
75	this act. The future land use plan element shall include
76	criteria to be used to achieve the compatibility of adjacent or
77	closely proximate lands with military installations; lands
78	adjacent to an airport as defined in s. 330.35 and consistent
79	with provisions in s. 333.02. In addition, for rural
80	communities, the amount of land designated for future planned
81	industrial use shall be based upon surveys and studies that
82	reflect the need for job creation, capital investment, and the
83	necessity to strengthen and diversify the local economies, and
84	shall not be limited solely by the projected population of the
85	rural community. The future land use plan of a county may also
86	designate areas for possible future municipal incorporation. The
87	land use maps or map series shall generally identify and depict
88	historic district boundaries and shall designate historically
89	significant properties meriting protection. For coastal
90	counties, the future land use element must include, without
91	limitation, regulatory incentives and criteria that encourage
92	the preservation of recreational and commercial working
93	waterfronts as defined in s. 342.07. The future land use element
94	must clearly identify the land use categories in which public
95	schools are an allowable use. When delineating the land use
96	categories in which public schools are an allowable use, a local
97	government shall include in the categories sufficient land
98	proximate to residential development to meet the projected needs
99	for schools in coordination with public school boards and may
100	establish differing criteria for schools of different type or
101	size. Each local government shall include lands contiguous to
102	existing school sites, to the maximum extent possible, within
103	the land use categories in which public schools are an allowable
104	use. The failure by a local government to comply with these
105	school siting requirements will result in the prohibition of the
106	local government's ability to amend the local comprehensive
107	plan, except for plan amendments described in s. 163.3187(1)(b),
108	until the school siting requirements are met. Amendments
109	proposed by a local government for purposes of identifying the
110	land use categories in which public schools are an allowable use
111	are exempt from the limitation on the frequency of plan
112	amendments contained in s. 163.3187. The future land use element
113	shall include criteria that encourage the location of schools
114	proximate to urban residential areas to the extent possible and
115	shall require that the local government seek to collocate public
116	facilities, such as parks, libraries, and community centers,
117	with schools to the extent possible and to encourage the use of
118	elementary schools as focal points for neighborhoods. For
119	schools serving predominantly rural counties, defined as a
120	county with a population of 100,000 or fewer, an agricultural
121	land use category shall be eligible for the location of public
122	school facilities if the local comprehensive plan contains
123	school siting criteria and the location is consistent with such
124	criteria. Local governments required to update or amend their
125	comprehensive plan to include criteria and address compatibility
126	of lands adjacent to an airport as defined in s. 330.35 and
127	consistent with provisions in s. 333.02 adjacent or closely
128	proximate lands with existing military installations in their
129	future land use plan element shall transmit the update or
130	amendment to the state land planning agency department by June
131	30, 2011 2006.
132	(h)1.  An intergovernmental coordination element showing
133	relationships and stating principles and guidelines to be used
134	in the accomplishment of coordination of the adopted
135	comprehensive plan with the plans of school boards, regional
136	water supply authorities, and other units of local government
137	providing services but not having regulatory authority over the
138	use of land, with the comprehensive plans of adjacent
139	municipalities, the county, adjacent counties, or the region,
140	with the state comprehensive plan and with the applicable
141	regional water supply plan approved pursuant to s. 373.0361, as
142	the case may require and as such adopted plans or plans in
143	preparation may exist. This element of the local comprehensive
144	plan shall demonstrate consideration of the particular effects
145	of the local plan, when adopted, upon the development of
146	adjacent municipalities, the county, adjacent counties, or the
147	region, or upon the state comprehensive plan, as the case may
148	require.
149	a.  The intergovernmental coordination element shall
150	provide for procedures to identify and implement joint planning
151	areas, especially for the purpose of annexation, municipal
152	incorporation, and joint infrastructure service areas.
153	b.  The intergovernmental coordination element shall
154	provide for recognition of campus master plans prepared pursuant
155	to s. 1013.30, and airport master plans pursuant to paragraph
156	(k).
157	c.  The intergovernmental coordination element may provide
158	for a voluntary dispute resolution process as established
159	pursuant to s. 186.509 for bringing to closure in a timely
160	manner intergovernmental disputes. A local government may
161	develop and use an alternative local dispute resolution process
162	for this purpose.
163	d.  The intergovernmental coordination element shall
164	provide for interlocal agreements, as established pursuant to s.
165	333.03(1)(b).
166	2.  The intergovernmental coordination element shall
167	further state principles and guidelines to be used in the
168	accomplishment of coordination of the adopted comprehensive plan
169	with the plans of school boards and other units of local
170	government providing facilities and services but not having
171	regulatory authority over the use of land. In addition, the
172	intergovernmental coordination element shall describe joint
173	processes for collaborative planning and decisionmaking on
174	population projections and public school siting, the location
175	and extension of public facilities subject to concurrency, and
176	siting facilities with countywide significance, including
177	locally unwanted land uses whose nature and identity are
178	established in an agreement. Within 1 year of adopting their
179	intergovernmental coordination elements, each county, all the
180	municipalities within that county, the district school board,
181	and any unit of local government service providers in that
182	county shall establish by interlocal or other formal agreement
183	executed by all affected entities, the joint processes described
184	in this subparagraph consistent with their adopted
185	intergovernmental coordination elements.
186	3.  To foster coordination between special districts and
187	local general-purpose governments as local general-purpose
188	governments implement local comprehensive plans, each
189	independent special district must submit a public facilities
190	report to the appropriate local government as required by s.
191	189.415.
192	4.a.  Local governments must execute an interlocal
193	agreement with the district school board, the county, and
194	nonexempt municipalities pursuant to s. 163.31777. The local
195	government shall amend the intergovernmental coordination
196	element to provide that coordination between the local
197	government and school board is pursuant to the agreement and
198	shall state the obligations of the local government under the
199	agreement.
200	b.  Plan amendments that comply with this subparagraph are
201	exempt from the provisions of s. 163.3187(1).
202	5.  The state land planning agency shall establish a
203	schedule for phased completion and transmittal of plan
204	amendments to implement subparagraphs 1., 2., and 3. from all
205	jurisdictions so as to accomplish their adoption by December 31,
206	1999. A local government may complete and transmit its plan
207	amendments to carry out these provisions prior to the scheduled
208	date established by the state land planning agency. The plan
209	amendments are exempt from the provisions of s. 163.3187(1).
210	6.  By January 1, 2004, any county having a population
211	greater than 100,000, and the municipalities and special
212	districts within that county, shall submit a report to the
213	Department of Community Affairs which:
214	a.  Identifies all existing or proposed interlocal service
215	delivery agreements regarding the following: education; sanitary
216	sewer; public safety; solid waste; drainage; potable water;
217	parks and recreation; and transportation facilities.
218	b.  Identifies any deficits or duplication in the provision
219	of services within its jurisdiction, whether capital or
220	operational. Upon request, the Department of Community Affairs
221	shall provide technical assistance to the local governments in
222	identifying deficits or duplication.
223	7.  Within 6 months after submission of the report, the
224	Department of Community Affairs shall, through the appropriate
225	regional planning council, coordinate a meeting of all local
226	governments within the regional planning area to discuss the
227	reports and potential strategies to remedy any identified
228	deficiencies or duplications.
229	8.  Each local government shall update its
230	intergovernmental coordination element based upon the findings
231	in the report submitted pursuant to subparagraph 6. The report
232	may be used as supporting data and analysis for the
233	intergovernmental coordination element.
234	(j)  For each unit of local government within an urbanized
235	area designated for purposes of s. 339.175, a transportation
236	element, which shall be prepared and adopted in lieu of the
237	requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
238	and (d) and which shall address the following issues:
239	1.  Traffic circulation, including major thoroughfares and
240	other routes, including bicycle and pedestrian ways.
241	2.  All alternative modes of travel, such as public
242	transportation, pedestrian, and bicycle travel.
243	3.  Parking facilities.
244	4.  Aviation, rail, seaport facilities, access to those
245	facilities, and intermodal terminals.
246	5.  The availability of facilities and services to serve
247	existing land uses and the compatibility between future land use
248	and transportation elements.
249	6.  The capability to evacuate the coastal population prior
250	to an impending natural disaster.
251	7.  Airports, projected airport and aviation development,
252	and land use compatibility around airports that includes areas
253	defined in ss. 333.01 and 333.02.
254	8.  An identification of land use densities, building
255	intensities, and transportation management programs to promote
256	public transportation systems in designated public
257	transportation corridors so as to encourage population densities
258	sufficient to support such systems.
259	9.  May include transportation corridors, as defined in s.
260	334.03, intended for future transportation facilities designated
261	pursuant to s. 337.273. If transportation corridors are
262	designated, the local government may adopt a transportation
263	corridor management ordinance.
264	Section 4.  Subsection (3) of section 163.3178, Florida
265	Statutes, is amended to read:
266	163.3178  Coastal management.--
267	(3)  Expansions to port harbors, spoil disposal sites,
268	navigation channels, turning basins, harbor berths, and other
269	related inwater harbor facilities of ports listed in s.
270	403.021(9); port transportation facilities and projects listed
271	in s. 311.07(3)(b); and intermodal transportation facilities
272	identified pursuant to s. 311.09(3) and facilities determined by
273	the Department of Community Affairs and applicable general
274	purpose local government to be port-related industrial or
275	commercial projects located within 3 miles of or in a port
276	master plan area which rely upon the utilization of port and
277	intermodal transportation facilities shall not be developments
278	of regional impact where such expansions, projects, or
279	facilities are consistent with comprehensive master plans that
280	are in compliance with this section.
281	Section 5.  Paragraph (c) is added to subsection (2) of
282	section 163.3182, Florida Statutes, and paragraph (d) of
283	subsection (3), paragraph (a) of subsection (4), and subsections
284	(5) and (8) of that section are amended, to read:
285	163.3182  Transportation concurrency backlogs.--
286	(2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
287	AUTHORITIES.--
288	(c)  The Legislature finds and declares that there exists
289	in many counties and municipalities areas with significant
290	transportation deficiencies and inadequate transportation
291	facilities; that many such insufficiencies and inadequacies
292	severely limit or prohibit the satisfaction of transportation
293	concurrency standards; that such transportation insufficiencies
294	and inadequacies affect the health, safety, and welfare of the
295	residents of such counties and municipalities; that such
296	transportation insufficiencies and inadequacies adversely affect
297	economic development and growth of the tax base for the areas in
298	which such insufficiencies and inadequacies exist; and that the
299	elimination of transportation deficiencies and inadequacies and
300	the satisfaction of transportation concurrency standards are
301	paramount public purposes for the state and its counties and
302	municipalities.
303	(3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
304	AUTHORITY.--Each transportation concurrency backlog authority
305	has the powers necessary or convenient to carry out the purposes
306	of this section, including the following powers in addition to
307	others granted in this section:
308	(d)  To borrow money, including, but not limited to,
309	issuing debt obligations, such as, but not limited to, bonds,
310	notes, certificates, and similar debt instruments; to apply for
311	and accept advances, loans, grants, contributions, and any other
312	forms of financial assistance from the Federal Government or the
313	state, county, or any other public body or from any sources,
314	public or private, for the purposes of this part; to give such
315	security as may be required; to enter into and carry out
316	contracts or agreements; and to include in any contracts for
317	financial assistance with the Federal Government for or with
318	respect to a transportation concurrency backlog project and
319	related activities such conditions imposed pursuant to federal
320	laws as the transportation concurrency backlog authority
321	considers reasonable and appropriate and which are not
322	inconsistent with the purposes of this section.
323	(4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
324	(a)  Each transportation concurrency backlog authority
325	shall adopt a transportation concurrency backlog plan as a part
326	of the local government comprehensive plan within 6 months after
327	the creation of the authority. The plan shall:
328	1.  Identify all transportation facilities that have been
329	designated as deficient and require the expenditure of moneys to
330	upgrade, modify, or mitigate the deficiency.
331	2.  Include a priority listing of all transportation
332	facilities that have been designated as deficient and do not
333	satisfy concurrency requirements pursuant to s. 163.3180, and
334	the applicable local government comprehensive plan.
335	3.  Establish a schedule for financing and construction of
336	transportation concurrency backlog projects that will eliminate
337	transportation concurrency backlogs within the jurisdiction of
338	the authority within 10 years after the transportation
339	concurrency backlog plan adoption. The schedule shall be adopted
340	as part of the local government comprehensive plan.
341	Notwithstanding such schedule requirements, as long as the
342	schedule provides for the elimination of all transportation
343	concurrency backlogs within 10 years after the adoption of the
344	concurrency backlog plan, the final maturity date of any debt
345	incurred to finance or refinance the related projects may be no
346	later than 40 years after the date such debt is incurred and the
347	authority may continue operations and administer the trust fund
348	established as provided in subsection (5) for as long as such
349	debt remains outstanding.
350	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
351	concurrency backlog authority shall establish a local
352	transportation concurrency backlog trust fund upon creation of
353	the authority. Each local trust fund shall be administered by
354	the transportation concurrency backlog authority within which a
355	transportation concurrency backlog has been identified. Each
356	local trust fund shall continue to be funded pursuant to this
357	section for as long as the projects set forth in the related
358	transportation concurrency backlog plan remain to be completed
359	or until any debt incurred to finance or refinance the related
360	projects are no longer outstanding, whichever occurs later.
361	Beginning in the first fiscal year after the creation of the
362	authority, each local trust fund shall be funded by the proceeds
363	of an ad valorem tax increment collected within each
364	transportation concurrency backlog area to be determined
365	annually and shall be a minimum of 25 percent of the difference
366	between the amounts set forth in paragraphs (a) and (b), except
367	that if all of the affected taxing authorities agree pursuant to
368	an interlocal agreement, a particular local trust fund may be
369	funded by the proceeds of an ad valorem tax increment greater
370	than 25 percent of the difference between the amounts set forth
371	in paragraphs (a) and (b):
372	(a)  The amount of ad valorem tax levied each year by each
373	taxing authority, exclusive of any amount from any debt service
374	millage, on taxable real property contained within the
375	jurisdiction of the transportation concurrency backlog authority
376	and within the transportation backlog area; and
377	(b)  The amount of ad valorem taxes which would have been
378	produced by the rate upon which the tax is levied each year by
379	or for each taxing authority, exclusive of any debt service
380	millage, upon the total of the assessed value of the taxable
381	real property within the transportation concurrency backlog area
382	as shown on the most recent assessment roll used in connection
383	with the taxation of such property of each taxing authority
384	prior to the effective date of the ordinance funding the trust
385	fund.
386	(8)  DISSOLUTION.--Upon completion of all transportation
387	concurrency backlog projects and repayment or defeasance of all
388	debt issued to finance or refinance such projects, a
389	transportation concurrency backlog authority shall be dissolved,
390	and its assets and liabilities shall be transferred to the
391	county or municipality within which the authority is located.
392	All remaining assets of the authority must be used for
393	implementation of transportation projects within the
394	jurisdiction of the authority. The local government
395	comprehensive plan shall be amended to remove the transportation
396	concurrency backlog plan.
397	Section 6.  Paragraph (c) of subsection (9) of section
398	287.055, Florida Statutes, is amended to read:
399	287.055  Acquisition of professional architectural,
400	engineering, landscape architectural, or surveying and mapping
401	services; definitions; procedures; contingent fees prohibited;
402	penalties.--
403	(9)  APPLICABILITY TO DESIGN-BUILD CONTRACTS.--
404	(c)  Except as otherwise provided in s. 337.11(8)(7), the
405	Department of Management Services shall adopt rules for the
406	award of design-build contracts to be followed by state
407	agencies. Each other agency must adopt rules or ordinances for
408	the award of design-build contracts. Municipalities, political
409	subdivisions, school districts, and school boards shall award
410	design-build contracts by the use of a competitive proposal
411	selection process as described in this subsection, or by the use
412	of a qualifications-based selection process pursuant to
413	subsections (3), (4), and (5) for entering into a contract
414	whereby the selected firm will, subsequent to competitive
415	negotiations, establish a guaranteed maximum price and
416	guaranteed completion date. If the procuring agency elects the
417	option of qualifications-based selection, during the selection
418	of the design-build firm the procuring agency shall employ or
419	retain a licensed design professional appropriate to the project
420	to serve as the agency's representative. Procedures for the use
421	of a competitive proposal selection process must include as a
422	minimum the following:
423	1.  The preparation of a design criteria package for the
424	design and construction of the public construction project.
425	2.  The qualification and selection of no fewer than three
426	design-build firms as the most qualified, based on the
427	qualifications, availability, and past work of the firms,
428	including the partners or members thereof.
429	3.  The criteria, procedures, and standards for the
430	evaluation of design-build contract proposals or bids, based on
431	price, technical, and design aspects of the public construction
432	project, weighted for the project.
433	4.  The solicitation of competitive proposals, pursuant to
434	a design criteria package, from those qualified design-build
435	firms and the evaluation of the responses or bids submitted by
436	those firms based on the evaluation criteria and procedures
437	established prior to the solicitation of competitive proposals.
438	5.  For consultation with the employed or retained design
439	criteria professional concerning the evaluation of the responses
440	or bids submitted by the design-build firms, the supervision or
441	approval by the agency of the detailed working drawings of the
442	project; and for evaluation of the compliance of the project
443	construction with the design criteria package by the design
444	criteria professional.
445	6.  In the case of public emergencies, for the agency head
446	to declare an emergency and authorize negotiations with the best
447	qualified design-build firm available at that time.
448	Section 7.  Section 316.0741, Florida Statutes, is amended
449	to read:
450	316.0741  High-occupancy-vehicle High occupancy vehicle
451	lanes.--
452	(1)  As used in this section, the term:
453	(a)  "High-occupancy-vehicle High occupancy vehicle lane"
454	or "HOV lane" means a lane of a public roadway designated for
455	use by vehicles in which there is more than one occupant unless
456	otherwise authorized by federal law.
457	(b)  "Hybrid vehicle" means a motor vehicle:
458	1.  That draws propulsion energy from onboard sources of
459	stored energy which are both an internal combustion or heat
460	engine using combustible fuel and a rechargeable energy-storage
461	system; and
462	2.  That, in the case of a passenger automobile or light
463	truck, has received a certificate of conformity under the Clean
464	Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
465	equivalent qualifying California standards for a low-emission
466	vehicle.
467	(2)  The number of persons that must be in a vehicle to
468	qualify for legal use of the HOV lane and the hours during which
469	the lane will serve as an HOV lane, if it is not designated as
470	such on a full-time basis, must also be indicated on a traffic
471	control device.
472	(3)  Except as provided in subsection (4), a vehicle may
473	not be driven in an HOV lane if the vehicle is occupied by fewer
474	than the number of occupants indicated by a traffic control
475	device. A driver who violates this section shall be cited for a
476	moving violation, punishable as provided in chapter 318.
477	(4)(a)  Notwithstanding any other provision of this
478	section, an inherently low-emission vehicle (ILEV) that is
479	certified and labeled in accordance with federal regulations may
480	be driven in an HOV lane at any time, regardless of its
481	occupancy. In addition, upon the state's receipt of written
482	notice from the proper federal regulatory agency authorizing
483	such use, a vehicle defined as a hybrid vehicle under this
484	section may be driven in an HOV lane at any time, regardless of
485	its occupancy.
486	(b)  All eligible hybrid and all eligible other low-
487	emission and energy-efficient vehicles driven in an HOV lane
488	must comply with the minimum fuel economy standards in 23 U.S.C.
489	s. 166(f)(3)(B).
490	(c)  Upon issuance of the applicable Environmental
491	Protection Agency final rule pursuant to 23 U.S.C. s. 166(e),
492	relating to the eligibility of hybrid and other low-emission and
493	energy-efficient vehicles for operation in an HOV lane
494	regardless of occupancy, the Department of Transportation shall
495	review the rule and recommend to the Legislature any statutory
496	changes necessary for compliance with the federal rule. The
497	department shall provide its recommendations no later than 30
498	days following issuance of the final rule.
499	(5)  The department shall issue a decal and registration
500	certificate, to be renewed annually, reflecting the HOV lane
501	designation on such vehicles meeting the criteria in subsection
502	(4) authorizing driving in an HOV lane at any time such use. The
503	department may charge a fee for a decal, not to exceed the costs
504	of designing, producing, and distributing each decal, or $5,
505	whichever is less. The proceeds from sale of the decals shall be
506	deposited in the Highway Safety Operating Trust Fund. The
507	department may, for reasons of operation and management of HOV
508	facilities, limit or discontinue issuance of decals for the use
509	of HOV facilities by hybrid and low-emission and energy-
510	efficient vehicles, regardless of occupancy, if it has been
511	determined by the Department of Transportation that the
512	facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
513	(6)  Vehicles having decals by virtue of compliance with
514	the minimum fuel economy standards under 23 U.S.C. s.
515	166(f)(3)(B), and which are registered for use in high-occupancy
516	toll lanes or express lanes in accordance with Department of
517	Transportation rule, shall be allowed to use any HOV lanes
518	redesignated as high-occupancy toll lanes or express lanes
519	without payment of a toll.
520	(5)  As used in this section, the term "hybrid vehicle"
521	means a motor vehicle:
522	(a)  That draws propulsion energy from onboard sources of
523	stored energy which are both:
524	1.  An internal combustion or heat engine using combustible
525	fuel; and
526	2.  A rechargeable energy storage system; and
527	(b)  That, in the case of a passenger automobile or light
528	truck:
529	1.  Has received a certificate of conformity under the
530	Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
531	2.  Meets or exceeds the equivalent qualifying California
532	standards for a low-emission vehicle.
533	(7)(6)  The department may adopt rules necessary to
534	administer this section.
535	Section 8.  Subsection (4) of section 316.193, Florida
536	Statutes, is amended to read:
537	316.193  Driving under the influence; penalties.--
538	(4)(a)  Any person who is convicted of a violation of
539	subsection (1) and who has a blood-alcohol level or breath-
540	alcohol level of 0.15 0.20 or higher, or any person who is
541	convicted of a violation of subsection (1) and who at the time
542	of the offense was accompanied in the vehicle by a person under
543	the age of 18 years, shall be punished:
544	1.(a)  By a fine of:
545	a.1.  Not less than $500 or more than $1,000 for a first
546	conviction.
547	b.2.  Not less than $1,000 or more than $2,000 for a second
548	conviction.
549	c.3.  Not less than $2,000 for a third or subsequent
550	conviction.
551	2.(b)  By imprisonment for:
552	a.1.  Not more than 9 months for a first conviction.
553	b.2.  Not more than 12 months for a second conviction.
554	(b)  For the purposes of this subsection, only the instant
555	offense is required to be a violation of subsection (1) by a
556	person who has a blood-alcohol level or breath-alcohol level of
557	0.15 0.20 or higher.
558	(c)  In addition to the penalties in subparagraphs (a)1.
559	and 2. paragraphs (a) and (b), the court shall order the
560	mandatory placement, at the convicted person's sole expense, of
561	an ignition interlock device approved by the department in
562	accordance with s. 316.1938 upon all vehicles that are
563	individually or jointly leased or owned and routinely operated
564	by the convicted person for not less than up to 6 continuous
565	months for the first offense and for not less than at least 2
566	continuous years for a second offense, when the convicted person
567	qualifies for a permanent or restricted license. The
568	installation of such device may not occur before July 1, 2003.
569	Section 9.  Effective October 1, 2008, paragraph (b) of
570	subsection (1) and subsections (6) and (8) of section 316.302,
571	Florida Statutes, are amended to read:
572	316.302  Commercial motor vehicles; safety regulations;
573	transporters and shippers of hazardous materials; enforcement.--
574	(1)
575	(b)  Except as otherwise provided in this section, all
576	owners or drivers of commercial motor vehicles that are engaged
577	in intrastate commerce are subject to the rules and regulations
578	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
579	exception of 49 C.F.R. s. 390.5 as it relates to the definition
580	of bus, as such rules and regulations existed on October 1, 2007
581	2005.
582	(6)  The state Department of Transportation shall perform
583	the duties that are assigned to the Field Administrator, Federal
584	Motor Carrier Safety Administration Regional Federal Highway
585	Administrator under the federal rules, and an agent of that
586	department, as described in s. 316.545(9), may enforce those
587	rules.
588	(8)  For the purpose of enforcing this section, any law
589	enforcement officer of the Department of Transportation or duly
590	appointed agent who holds a current safety inspector
591	certification from the Commercial Vehicle Safety Alliance may
592	require the driver of any commercial vehicle operated on the
593	highways of this state to stop and submit to an inspection of
594	the vehicle or the driver's records. If the vehicle or driver is
595	found to be operating in an unsafe condition, or if any required
596	part or equipment is not present or is not in proper repair or
597	adjustment, and the continued operation would present an unduly
598	hazardous operating condition, the officer may require the
599	vehicle or the driver to be removed from service pursuant to the
600	North American Standard Uniform Out-of-Service Criteria, until
601	corrected. However, if continuous operation would not present an
602	unduly hazardous operating condition, the officer may give
603	written notice requiring correction of the condition within 14
604	days.
605	(a)  Any member of the Florida Highway Patrol or any law
606	enforcement officer employed by a sheriff's office or municipal
607	police department authorized to enforce the traffic laws of this
608	state pursuant to s. 316.640 who has reason to believe that a
609	vehicle or driver is operating in an unsafe condition may, as
610	provided in subsection (10), enforce the provisions of this
611	section.
612	(b)  Any person who fails to comply with an officer's
613	request to submit to an inspection under this subsection commits
614	a violation of s. 843.02 if the person resists the officer
615	without violence or a violation of s. 843.01 if the person
616	resists the officer with violence.
617	Section 10.  Subsection (2) of section 316.613, Florida
618	Statutes, is amended to read:
619	316.613  Child restraint requirements.--
620	(2)  As used in this section, the term "motor vehicle"
621	means a motor vehicle as defined in s. 316.003 which that is
622	operated on the roadways, streets, and highways of the state.
623	The term does not include:
624	(a)  A school bus as defined in s. 316.003(45).
625	(b)  A bus used for the transportation of persons for
626	compensation, other than a bus regularly used to transport
627	children to or from school, as defined in s. 316.615(1) (b), or
628	in conjunction with school activities.
629	(c)  A farm tractor or implement of husbandry.
630	(d)  A truck having a gross vehicle weight rating of more
631	than 26,000 of net weight of more than 5,000 pounds.
632	(e)  A motorcycle, moped, or bicycle.
633	Section 11.  Paragraph (a) of subsection (3) of section
634	316.614, Florida Statutes, is amended to read:
635	316.614  Safety belt usage.--
636	(3)  As used in this section:
637	(a)  "Motor vehicle" means a motor vehicle as defined in s.
638	316.003 which that is operated on the roadways, streets, and
639	highways of this state. The term does not include:
640	1.  A school bus.
641	2.  A bus used for the transportation of persons for
642	compensation.
643	3.  A farm tractor or implement of husbandry.
644	4.  A truck having a gross vehicle weight rating of more
645	than 26,000 of a net weight of more than 5,000 pounds.
646	5.  A motorcycle, moped, or bicycle.
647	Section 12.  Paragraph (a) of subsection (2) of section
648	316.656, Florida Statutes, is amended to read:
649	316.656  Mandatory adjudication; prohibition against
650	accepting plea to lesser included offense.--
651	(2)(a)  No trial judge may accept a plea of guilty to a
652	lesser offense from a person charged under the provisions of
653	this act who has been given a breath or blood test to determine
654	blood or breath alcohol content, the results of which show a
655	blood or breath alcohol content by weight of 0.15 0.20 percent
656	or more.
657	Section 13.  Section 322.64, Florida Statutes, is amended
658	to read:
659	322.64  Holder of commercial driver's license; persons
660	operating a commercial motor vehicle; driving with unlawful
661	blood-alcohol level; refusal to submit to breath, urine, or
662	blood test.--
663	(1)(a)  A law enforcement officer or correctional officer
664	shall, on behalf of the department, disqualify from operating
665	any commercial motor vehicle a person who while operating or in
666	actual physical control of a commercial motor vehicle is
667	arrested for a violation of s. 316.193, relating to unlawful
668	blood-alcohol level or breath-alcohol level, or a person who has
669	refused to submit to a breath, urine, or blood test authorized
670	by s. 322.63 arising out of the operation or actual physical
671	control of a commercial motor vehicle. A law enforcement officer
672	or correctional officer shall, on behalf of the department,
673	disqualify the holder of a commercial driver's license from
674	operating any commercial motor vehicle if the licenseholder,
675	while operating or in actual physical control of a motor
676	vehicle, is arrested for a violation of s. 316.193, relating to
677	unlawful blood-alcohol level or breath-alcohol level, or refused
678	to submit to a breath, urine, or blood test authorized by s.
679	322.63. Upon disqualification of the person, the officer shall
680	take the person's driver's license and issue the person a 10-day
681	temporary permit for the operation of noncommercial vehicles
682	only if the person is otherwise eligible for the driving
683	privilege and shall issue the person a notice of
684	disqualification. If the person has been given a blood, breath,
685	or urine test, the results of which are not available to the
686	officer at the time of the arrest, the agency employing the
687	officer shall transmit such results to the department within 5
688	days after receipt of the results. If the department then
689	determines that the person was arrested for a violation of s.
690	316.193 and that the person had a blood-alcohol level or breath-
691	alcohol level of 0.08 or higher, the department shall disqualify
692	the person from operating a commercial motor vehicle pursuant to
693	subsection (3).
694	(b)  The disqualification under paragraph (a) shall be
695	pursuant to, and the notice of disqualification shall inform the
696	driver of, the following:
697	1.a.  The driver refused to submit to a lawful breath,
698	blood, or urine test and he or she is disqualified from
699	operating a commercial motor vehicle for a period of 1 year, for
700	a first refusal, or permanently, if he or she has previously
701	been disqualified as a result of a refusal to submit to such a
702	test; or
703	b.  The driver was driving or in actual physical control of
704	a commercial motor vehicle, or any motor vehicle if the driver
705	holds a commercial driver's license, had an unlawful blood-
706	alcohol level or breath-alcohol level of 0.08 or higher, and his
707	or her driving privilege shall be disqualified for a period of 1
708	year for a first offense or permanently disqualified if his or
709	her driving privilege has been previously disqualified under
710	this section. violated s. 316.193 by driving with an unlawful
711	blood-alcohol level and he or she is disqualified from operating
712	a commercial motor vehicle for a period of 6 months for a first
713	offense or for a period of 1 year if he or she has previously
714	been disqualified, or his or her driving privilege has been
715	previously suspended, for a violation of s. 316.193.
716	2.  The disqualification period for operating commercial
717	vehicles shall commence on the date of arrest or issuance of the
718	notice of disqualification, whichever is later.
719	3.  The driver may request a formal or informal review of
720	the disqualification by the department within 10 days after the
721	date of arrest or issuance of the notice of disqualification,
722	whichever is later.
723	4.  The temporary permit issued at the time of arrest or
724	disqualification expires will expire at midnight of the 10th day
725	following the date of disqualification.
726	5.  The driver may submit to the department any materials
727	relevant to the disqualification arrest.
728	(2)  Except as provided in paragraph (1)(a), the law
729	enforcement officer shall forward to the department, within 5
730	days after the date of the arrest or the issuance of the notice
731	of disqualification, whichever is later, a copy of the notice of
732	disqualification, the driver's license of the person
733	disqualified arrested, and a report of the arrest, including, if
734	applicable, an affidavit stating the officer's grounds for
735	belief that the person disqualified arrested was operating or in
736	actual physical control of a commercial motor vehicle, or holds
737	a commercial driver's license, and had an unlawful blood-alcohol
738	or breath-alcohol level in violation of s. 316.193; the results
739	of any breath or blood or urine test or an affidavit stating
740	that a breath, blood, or urine test was requested by a law
741	enforcement officer or correctional officer and that the person
742	arrested refused to submit; a copy of the notice of
743	disqualification citation issued to the person arrested; and the
744	officer's description of the person's field sobriety test, if
745	any. The failure of the officer to submit materials within the
746	5-day period specified in this subsection or subsection (1) does
747	shall not affect the department's ability to consider any
748	evidence submitted at or prior to the hearing. The officer may
749	also submit a copy of a videotape of the field sobriety test or
750	the attempt to administer such test and a copy of the crash
751	report, if any.
752	(3)  If the department determines that the person arrested
753	should be disqualified from operating a commercial motor vehicle
754	pursuant to this section and if the notice of disqualification
755	has not already been served upon the person by a law enforcement
756	officer or correctional officer as provided in subsection (1),
757	the department shall issue a notice of disqualification and,
758	unless the notice is mailed pursuant to s. 322.251, a temporary
759	permit which expires 10 days after the date of issuance if the
760	driver is otherwise eligible.
761	(4)  If the person disqualified arrested requests an
762	informal review pursuant to subparagraph (1)(b)3., the
763	department shall conduct the informal review by a hearing
764	officer employed by the department. Such informal review hearing
765	shall consist solely of an examination by the department of the
766	materials submitted by a law enforcement officer or correctional
767	officer and by the person disqualified arrested, and the
768	presence of an officer or witness is not required.
769	(5)  After completion of the informal review, notice of the
770	department's decision sustaining, amending, or invalidating the
771	disqualification must be provided to the person. Such notice
772	must be mailed to the person at the last known address shown on
773	the department's records, and to the address provided in the law
774	enforcement officer's report if such address differs from the
775	address of record, within 21 days after the expiration of the
776	temporary permit issued pursuant to subsection (1) or subsection
777	(3).
778	(6)(a)  If the person disqualified arrested requests a
779	formal review, the department must schedule a hearing to be held
780	within 30 days after such request is received by the department
781	and must notify the person of the date, time, and place of the
782	hearing.
783	(b)  Such formal review hearing shall be held before a
784	hearing officer employed by the department, and the hearing
785	officer shall be authorized to administer oaths, examine
786	witnesses and take testimony, receive relevant evidence, issue
787	subpoenas for the officers and witnesses identified in documents
788	as provided in subsection (2), regulate the course and conduct
789	of the hearing, and make a ruling on the disqualification. The
790	department and the person disqualified arrested may subpoena
791	witnesses, and the party requesting the presence of a witness
792	shall be responsible for the payment of any witness fees. If the
793	person who requests a formal review hearing fails to appear and
794	the hearing officer finds such failure to be without just cause,
795	the right to a formal hearing is waived and the department shall
796	conduct an informal review of the disqualification under
797	subsection (4).
798	(c)  A party may seek enforcement of a subpoena under
799	paragraph (b) by filing a petition for enforcement in the
800	circuit court of the judicial circuit in which the person
801	failing to comply with the subpoena resides. A failure to comply
802	with an order of the court shall result in a finding of contempt
803	of court. However, a person shall not be in contempt while a
804	subpoena is being challenged.
805	(d)  The department must, within 7 days after a formal
806	review hearing, send notice to the person of the hearing
807	officer's decision as to whether sufficient cause exists to
808	sustain, amend, or invalidate the disqualification.
809	(7)  In a formal review hearing under subsection (6) or an
810	informal review hearing under subsection (4), the hearing
811	officer shall determine by a preponderance of the evidence
812	whether sufficient cause exists to sustain, amend, or invalidate
813	the disqualification. The scope of the review shall be limited
814	to the following issues:
815	(a)  If the person was disqualified from operating a
816	commercial motor vehicle for driving with an unlawful blood-
817	alcohol level in violation of s. 316.193:
818	1.  Whether the arresting law enforcement officer had
819	probable cause to believe that the person was driving or in
820	actual physical control of a commercial motor vehicle, or any
821	motor vehicle if the driver holds a commercial driver's license,
822	in this state while he or she had any alcohol, chemical
823	substances, or controlled substances in his or her body.
824	2.  Whether the person was placed under lawful arrest for a
825	violation of s. 316.193.
826	2.3.  Whether the person had an unlawful blood-alcohol
827	level or breath-alcohol level of 0.08 or higher as provided in
828	s. 316.193.
829	(b)  If the person was disqualified from operating a
830	commercial motor vehicle for refusal to submit to a breath,
831	blood, or urine test:
832	1.  Whether the law enforcement officer had probable cause
833	to believe that the person was driving or in actual physical
834	control of a commercial motor vehicle, or any motor vehicle if
835	the driver holds a commercial driver's license, in this state
836	while he or she had any alcohol, chemical substances, or
837	controlled substances in his or her body.
838	2.  Whether the person refused to submit to the test after
839	being requested to do so by a law enforcement officer or
840	correctional officer.
841	3.  Whether the person was told that if he or she refused
842	to submit to such test he or she would be disqualified from
843	operating a commercial motor vehicle for a period of 1 year or,
844	in the case of a second refusal, permanently.
845	(8)  Based on the determination of the hearing officer
846	pursuant to subsection (7) for both informal hearings under
847	subsection (4) and formal hearings under subsection (6), the
848	department shall:
849	(a)  Sustain the disqualification for a period of 1 year
850	for a first refusal, or permanently if such person has been
851	previously disqualified from operating a commercial motor
852	vehicle as a result of a refusal to submit to such tests. The
853	disqualification period commences on the date of the arrest or
854	issuance of the notice of disqualification, whichever is later.
855	(b)  Sustain the disqualification:
856	1.  For a period of 1 year if the person was driving or in
857	actual physical control of a commercial motor vehicle, or any
858	motor vehicle if the driver holds a commercial driver's license,
859	and had an unlawful blood-alcohol level or breath-alcohol level
860	of 0.08 or higher; or 6 months for a violation of s. 316.193 or
861	for a period of 1 year
862	2.  Permanently if the person has been previously
863	disqualified from operating a commercial motor vehicle or his or
864	her driving privilege has been previously suspended for driving
865	or being in actual physical control of a commercial motor
866	vehicle, or any motor vehicle if the driver holds a commercial
867	driver's license, and had an unlawful blood-alcohol level or
868	breath-alcohol level of 0.08 or higher as a result of a
869	violation of s. 316.193.
870
871	The disqualification period commences on the date of the arrest
872	or issuance of the notice of disqualification, whichever is
873	later.
874	(9)  A request for a formal review hearing or an informal
875	review hearing shall not stay the disqualification. If the
876	department fails to schedule the formal review hearing to be
877	held within 30 days after receipt of the request therefor, the
878	department shall invalidate the disqualification. If the
879	scheduled hearing is continued at the department's initiative,
880	the department shall issue a temporary driving permit limited to
881	noncommercial vehicles which is shall be valid until the hearing
882	is conducted if the person is otherwise eligible for the driving
883	privilege. Such permit shall not be issued to a person who
884	sought and obtained a continuance of the hearing. The permit
885	issued under this subsection shall authorize driving for
886	business purposes or employment use only.
887	(10)  A person who is disqualified from operating a
888	commercial motor vehicle under subsection (1) or subsection (3)
889	is eligible for issuance of a license for business or employment
890	purposes only under s. 322.271 if the person is otherwise
891	eligible for the driving privilege. However, such business or
892	employment purposes license shall not authorize the driver to
893	operate a commercial motor vehicle.
894	(11)  The formal review hearing may be conducted upon a
895	review of the reports of a law enforcement officer or a
896	correctional officer, including documents relating to the
897	administration of a breath test or blood test or the refusal to
898	take either test. However, as provided in subsection (6), the
899	driver may subpoena the officer or any person who administered
900	or analyzed a breath or blood test.
901	(12)  The formal review hearing and the informal review
902	hearing are exempt from the provisions of chapter 120. The
903	department is authorized to adopt rules for the conduct of
904	reviews under this section.
905	(13)  A person may appeal any decision of the department
906	sustaining the disqualification from operating a commercial
907	motor vehicle by a petition for writ of certiorari to the
908	circuit court in the county wherein such person resides or
909	wherein a formal or informal review was conducted pursuant to s.
910	322.31. However, an appeal shall not stay the disqualification.
911	This subsection shall not be construed to provide for a de novo
912	appeal.
913	(14)  The decision of the department under this section
914	shall not be considered in any trial for a violation of s.
915	316.193, s. 322.61, or s. 322.62, nor shall any written
916	statement submitted by a person in his or her request for
917	departmental review under this section be admissible into
918	evidence against him or her in any such trial. The disposition
919	of any related criminal proceedings shall not affect a
920	disqualification imposed pursuant to this section.
921	(15)  This section does not preclude the suspension of the
922	driving privilege pursuant to s. 322.2615. The driving privilege
923	of a person who has been disqualified from operating a
924	commercial motor vehicle also may be suspended for a violation
925	of s. 316.193.
926	Section 14.  Notwithstanding any law to the contrary, a
927	county, municipality, or special district may not own or operate
928	an asphalt plant or a portable or stationary concrete batch
929	plant having an independent mixer; however, this prohibition
930	does not apply to any county that owns or is under contract to
931	purchase an asphalt plant as of April 15, 2008, and that
932	furnishes its plant-generated asphalt solely for use by local
933	governments or company's under contract with local governments
934	for projects within the boundaries of such county. Sale of plant
935	generated asphalt to private entities or local governments
936	outside the boundaries of such county is prohibited.
937	Section 15.  Paragraph (g) of subsection (5) of section
938	337.0261, Florida Statutes, is amended to read:
939	337.0261  Construction aggregate materials.--
940	(5)  STRATEGIC AGGREGATES REVIEW TASK FORCE.--
941	(g)  The task force shall be dissolved on June 30, 2009
942	July 1, 2008.
943	Section 16.  Paragraph (a) of subsection (7) of section
944	337.11, Florida Statutes, is amended to read:
945	337.11  Contracting authority of department; bids;
946	emergency repairs, supplemental agreements, and change orders;
947	combined design and construction contracts; progress payments;
948	records; requirements of vehicle registration.--
949	(7)(a)  If the head of the department determines that it is
950	in the best interests of the public, the department may combine
951	the design and construction phases of a building, a major
952	bridge, a limited access facility, or a rail corridor project
953	into a single contract. Such contract is referred to as a
954	design-build contract. The department's goal shall be to procure
955	up to 25 percent of the construction contracts that add capacity
956	in the 5-year adopted work program as design-build contracts by
957	July 1, 2013. Design-build contracts may be advertised and
958	awarded notwithstanding the requirements of paragraph (3)(c).
959	However, construction activities may not begin on any portion of
960	such projects for which the department has not yet obtained
961	title to the necessary rights-of-way and easements for the
962	construction of that portion of the project has vested in the
963	state or a local governmental entity and all railroad crossing
964	and utility agreements have been executed. Title to rights-of-
965	way shall be deemed to have vested in the state when the title
966	has been dedicated to the public or acquired by prescription.
967	Section 17.  Subsection (7) of section 337.14, Florida
968	Statutes, is amended to read:
969	337.14  Application for qualification; certificate of
970	qualification; restrictions; request for hearing.--
971	(7)  No "contractor" as defined in s. 337.165(1)(d) or his
972	or her "affiliate" as defined in s. 337.165(1)(a) qualified with
973	the department under this section may also qualify under s.
974	287.055 or s. 337.105 to provide testing services, construction,
975	engineering, and inspection services to the department. This
976	limitation shall not apply to any design-build prequalification
977	under s. 337.11(8)(7).
978	Section 18.  Paragraph (a) of subsection (2) of section
979	337.16, Florida Statutes, is amended to read:
980	337.16  Disqualification of delinquent contractors from
981	bidding; determination of contractor nonresponsibility; denial,
982	suspension, and revocation of certificates of qualification;
983	grounds; hearing.--
984	(2)  For reasons other than delinquency in progress, the
985	department, for good cause, may determine any contractor not
986	having a certificate of qualification nonresponsible for a
987	specified period of time or may deny, suspend, or revoke any
988	certificate of qualification. Good cause includes, but is not
989	limited to, circumstances in which a contractor or the
990	contractor's official representative:
991	(a)  Makes or submits to the department false, deceptive,
992	or fraudulent statements or materials in any bid proposal to the
993	department, any application for a certificate of qualification,
994	any certification of payment pursuant to s. 337.11(11)(10), or
995	any administrative or judicial proceeding;
996	Section 19.  Paragraph (b) of subsection (1) of section
997	337.18 is amended to read:
998	337.18  Surety bonds for construction or maintenance
999	contracts; requirement with respect to contract award; bond
1000	requirements; defaults; damage assessments.--
1001	(1)
1002	(b)  Prior to beginning any work under the contract, the
1003	contractor shall maintain a copy of the payment and performance
1004	bond required under this section at its principal place of
1005	business and at the jobsite office, if one is established, and
1006	the contractor shall provide a copy of the payment and
1007	performance bond within 5 days after receipt of any written
1008	request therefor. A copy of the payment and performance bond
1009	required under this section may also be obtained directly from
1010	the department via a request made pursuant to chapter 119. Upon
1011	execution of the contract, and prior to beginning any work under
1012	the contract, the contractor shall record in the public records
1013	of the county where the improvement is located the payment and
1014	performance bond required under this section. A claimant shall
1015	have a right of action against the contractor and surety for the
1016	amount due him or her, including unpaid finance charges due
1017	under the claimant's contract. Such action shall not involve the
1018	department in any expense.
1019	Section 20.  Subsections (1), (2), and (7) of section
1020	337.185, Florida Statutes, are amended to read:
1021	337.185  State Arbitration Board.--
1022	(1)  To facilitate the prompt settlement of claims for
1023	additional compensation arising out of construction and
1024	maintenance contracts between the department and the various
1025	contractors with whom it transacts business, the Legislature
1026	does hereby establish the State Arbitration Board, referred to
1027	in this section as the "board." For the purpose of this section,
1028	"claim" shall mean the aggregate of all outstanding claims by a
1029	party arising out of a construction or maintenance contract.
1030	Every contractual claim in an amount up to $250,000 per contract
1031	or, at the claimant's option, up to $500,000 per contract or,
1032	upon agreement of the parties, up to $1 million per contract
1033	that cannot be resolved by negotiation between the department
1034	and the contractor shall be arbitrated by the board after
1035	acceptance of the project by the department. As an exception,
1036	either party to the dispute may request that the claim be
1037	submitted to binding private arbitration. A court of law may not
1038	consider the settlement of such a claim until the process
1039	established by this section has been exhausted.
1040	(2)  The board shall be composed of three members. One
1041	member shall be appointed by the head of the department, and one
1042	member shall be elected by those construction or maintenance
1043	companies who are under contract with the department. The third
1044	member shall be chosen by agreement of the other two members.
1045	Whenever the third member has a conflict of interest regarding
1046	affiliation with one of the parties, the other two members shall
1047	select an alternate member for that hearing. The head of the
1048	department may select an alternative or substitute to serve as
1049	the department member for any hearing or term. Each member shall
1050	serve a 2-year term. The board shall elect a chair, each term,
1051	who shall be the administrator of the board and custodian of its
1052	records.
1053	(7)  The members of the board may receive compensation for
1054	the performance of their duties hereunder, from administrative
1055	fees received by the board, except that no employee of the
1056	department may receive compensation from the board. The
1057	compensation amount shall be determined by the board, but shall
1058	not exceed $125 per hour, up to a maximum of $1,000 per day for
1059	each member authorized to receive compensation. Nothing in this
1060	section shall prevent the member elected by construction or
1061	maintenance companies from being an employee of an association
1062	affiliated with the industry, even if the sole responsibility of
1063	that member is service on the board. Travel expenses for the
1064	industry member may be paid by an industry association, if
1065	necessary. The board may allocate funds annually for clerical
1066	and other administrative services.
1067	Section 21.  Subsection (1) of section 337.403, Florida
1068	Statutes, is amended to read:
1069	337.403  Relocation of utility; expenses.--
1070	(1)  Any utility heretofore or hereafter placed upon,
1071	under, over, or along any public road or publicly owned rail
1072	corridor that is found by the authority to be unreasonably
1073	interfering in any way with the convenient, safe, or continuous
1074	use, or the maintenance, improvement, extension, or expansion,
1075	of such public road or publicly owned rail corridor shall, upon
1076	30 days' written notice to the utility or its agent by the
1077	authority, be removed or relocated by such utility at its own
1078	expense except as provided in paragraphs (a)-(f) (a), (b), and
1079	(c).
1080	(a)  If the relocation of utility facilities, as referred
1081	to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
1082	627 of the 84th Congress, is necessitated by the construction of
1083	a project on the federal-aid interstate system, including
1084	extensions thereof within urban areas, and the cost of such
1085	project is eligible and approved for reimbursement by the
1086	Federal Government to the extent of 90 percent or more under the
1087	Federal Aid Highway Act, or any amendment thereof, then in that
1088	event the utility owning or operating such facilities shall
1089	relocate such facilities upon order of the department, and the
1090	state shall pay the entire expense properly attributable to such
1091	relocation after deducting therefrom any increase in the value
1092	of the new facility and any salvage value derived from the old
1093	facility.
1094	(b)  When a joint agreement between the department and the
1095	utility is executed for utility improvement, relocation, or
1096	removal work to be accomplished as part of a contract for
1097	construction of a transportation facility, the department may
1098	participate in those utility improvement, relocation, or removal
1099	costs that exceed the department's official estimate of the cost
1100	of such work by more than 10 percent. The amount of such
1101	participation shall be limited to the difference between the
1102	official estimate of all the work in the joint agreement plus 10
1103	percent and the amount awarded for this work in the construction
1104	contract for such work. The department may not participate in
1105	any utility improvement, relocation, or removal costs that occur
1106	as a result of changes or additions during the course of the
1107	contract.
1108	(c)  When an agreement between the department and utility
1109	is executed for utility improvement, relocation, or removal work
1110	to be accomplished in advance of a contract for construction of
1111	a transportation facility, the department may participate in the
1112	cost of clearing and grubbing necessary to perform such work.
1113	(d)  If the utility facility being removed or relocated was
1114	initially installed to exclusively serve the department, its
1115	tenants, or both the department and its tenants, the department
1116	shall bear the costs of removal or relocation of that utility
1117	facility. The department shall not be responsible, however, for
1118	bearing the cost of removal or relocation of any subsequent
1119	additions to that facility for the purpose of serving others.
1120	(e)  If, pursuant to an agreement between a utility and the
1121	authority entered into after the effective date of this
1122	subsection, the utility conveys, subordinates, or relinquishes a
1123	compensable property right to the authority for the purpose of
1124	accommodating the acquisition or use of the right-of-way by the
1125	authority, without the agreement expressly addressing future
1126	responsibility for cost of removal or relocation of the utility,
1127	then the authority shall bear the cost of such removal or
1128	relocation. Nothing in this paragraph is intended to impair or
1129	restrict, or be used to interpret, the terms of any such
1130	agreement entered into prior to the effective date of this
1131	paragraph.
1132	(f)  If the utility is an electric facility being relocated
1133	underground in order to enhance vehicular, bicycle, and
1134	pedestrian safety and in which ownership of the electric
1135	facility to be placed underground has been transferred from a
1136	private to a public utility within the past 5 years, the
1137	department shall incur all costs of the relocation.
1138	Section 22.  Subsections (4) and (5) of section 337.408,
1139	Florida Statutes, are amended, subsection (7) is renumbered as
1140	subsection (8), and a new subsection (7) is added to that
1141	section, to read:
1142	337.408  Regulation of benches, transit shelters, street
1143	light poles, waste disposal receptacles, and modular news racks
1144	within rights-of-way.--
1145	(4)  The department has the authority to direct the
1146	immediate relocation or removal of any bench, transit shelter,
1147	waste disposal receptacle, public pay telephone, or modular news
1148	rack which endangers life or property, except that transit bus
1149	benches which have been placed in service prior to April 1,
1150	1992, are not required to comply with bench size and advertising
1151	display size requirements which have been established by the
1152	department prior to March 1, 1992. Any transit bus bench that
1153	was in service prior to April 1, 1992, may be replaced with a
1154	bus bench of the same size or smaller, if the bench is damaged
1155	or destroyed or otherwise becomes unusable. The department is
1156	authorized to adopt rules relating to the regulation of bench
1157	size and advertising display size requirements. If a
1158	municipality or county within which a bench is to be located has
1159	adopted an ordinance or other applicable regulation that
1160	establishes bench size or advertising display sign requirements
1161	different from requirements specified in department rule, the
1162	local government requirement shall be applicable within the
1163	respective municipality or county. Placement of any bench or
1164	advertising display on the National Highway System under a local
1165	ordinance or regulation adopted pursuant to this subsection
1166	shall be subject to approval of the Federal Highway
1167	Administration.
1168	(5)  No bench, transit shelter, waste disposal receptacle,
1169	public pay telephone, or modular news rack, or advertising
1170	thereon, shall be erected or so placed on the right-of-way of
1171	any road which conflicts with the requirements of federal law,
1172	regulations, or safety standards, thereby causing the state or
1173	any political subdivision the loss of federal funds. Competition
1174	among persons seeking to provide bench, transit shelter, waste
1175	disposal receptacle, or modular news rack services or
1176	advertising on such benches, shelters, receptacles, or news
1177	racks may be regulated, restricted, or denied by the appropriate
1178	local government entity consistent with the provisions of this
1179	section.
1180	(7)  Public pay telephones, including advertising displayed
1181	thereon, may be installed within the right-of-way limits of any
1182	municipal, county, or state road, except on a limited access
1183	highway, provided that such pay telephones are installed by a
1184	provider duly authorized and regulated by the Public Service
1185	Commission pursuant to s. 364.3375, that such pay telephones are
1186	operated in accordance with all applicable state and federal
1187	telecommunications regulations, and that written authorization
1188	has been given to a public pay telephone provider by the
1189	appropriate municipal or county government. Each advertisement
1190	shall be limited to a size no greater than 8 square feet and no
1191	public pay telephone booth shall display more than 3 such
1192	advertisements at any given time. No advertisements shall be
1193	allowed on public pay telephones located in rest areas, welcome
1194	centers, and other such facilities located on an interstate
1195	highway.
1196	Section 23.  Subsection (6) is added to section 338.01,
1197	Florida Statutes, to read:
1198	338.01  Authority to establish and regulate limited access
1199	facilities.--
1200	(6)  All new limited access facilities and existing
1201	transportation facilities on which new or replacement electronic
1202	toll collection systems are installed shall be interoperable
1203	with the department's electronic toll collection system.
1204	Section 24.  Present subsections (7) and (8) of section
1205	338.165, Florida Statutes, are redesignated as subsections (8)
1206	and (9), respectively, and a new subsection (7) is added to that
1207	section, to read:
1208	338.165  Continuation of tolls.--
1209	(7)  This section does not apply to high-occupancy toll
1210	lanes or express lanes.
1211	Section 25.  Section 338.166, Florida Statutes, is created
1212	to read:
1213	338.166  High-occupancy toll lanes or express lanes.--
1214	(1)  Under s. 11, Art. VII of the State Constitution, the
1215	department may request the Division of Bond Finance to issue
1216	bonds secured by toll revenues collected on high-occupancy toll
1217	lanes or express lanes located on Interstate 95 in Miami-Dade
1218	and Broward Counties.
1219	(2)  The department may continue to collect the toll on the
1220	high-occupancy toll lanes or express lanes after the discharge
1221	of any bond indebtedness related to such project. All tolls so
1222	collected shall first be used to pay the annual cost of the
1223	operation, maintenance, and improvement of the high-occupancy
1224	toll lanes or express lanes project or associated transportation
1225	system.
1226	(3)  Any remaining toll revenue from the high-occupancy
1227	toll lanes or express lanes shall be used by the department for
1228	the construction, maintenance, or improvement of any road on the
1229	State Highway System.
1230	(4)  The department is authorized to implement variable
1231	rate tolls on high-occupancy toll lanes or express lanes.
1232	(5)  Except for high-occupancy toll lanes or express lanes,
1233	tolls may not be charged for use of an interstate highway where
1234	tolls were not charged as of July 1, 1997.
1235	(6)  This section does not apply to the turnpike system as
1236	defined under the Florida Turnpike Enterprise Law.
1237	Section 26.  Paragraphs (d) and (e) are added to subsection
1238	(1) of section 338.2216, Florida Statutes, to read:
1239	338.2216  Florida Turnpike Enterprise; powers and
1240	authority.--
1241	(1)
1242	(d)  The Florida Turnpike Enterprise is directed to pursue
1243	and implement new technologies and processes in its operations
1244	and collection of tolls and the collection of other amounts
1245	associated with road and infrastructure usage. Such technologies
1246	and processes shall include, without limitation, video billing
1247	and variable pricing.
1248	(e)1.  The Florida Turnpike Enterprise shall not under any
1249	circumstances contract with any vendor for the retail sale of
1250	fuel along the Florida Turnpike if such contract is negotiated
1251	or bid together with any other contract, including, but not
1252	limited to, the retail sale of food, maintenance services, or
1253	construction, with the exception that any contract for the
1254	retail sale of fuel along the Florida Turnpike shall be bid and
1255	contracted together with the retail sale of food at any
1256	convenience store attached to the fuel station.
1257	2.  All contracts related to service plazas, including, but
1258	not limited to, the sale of fuel, the retail sale of food,
1259	maintenance services, or construction, except for services
1260	provided as defined in s. 287.055(2)(a), awarded by the Florida
1261	Turnpike Enterprise shall be procured through individual
1262	competitive solicitations and awarded to the most cost-effective
1263	responder. This paragraph does not prohibit the award of more
1264	than one individual contract to a single vendor if he or she
1265	submits the most cost-effective response.
1266	Section 27.  Paragraph (b) of subsection (1) of section
1267	338.223, Florida Statutes, is amended to read:
1268	338.223  Proposed turnpike projects.--
1269	(1)
1270	(b)  Any proposed turnpike project or improvement shall be
1271	developed in accordance with the Florida Transportation Plan and
1272	the work program pursuant to s. 339.135. Turnpike projects that
1273	add capacity, alter access, affect feeder roads, or affect the
1274	operation of the local transportation system shall be included
1275	in the transportation improvement plan of the affected
1276	metropolitan planning organization. If such turnpike project
1277	does not fall within the jurisdiction of a metropolitan planning
1278	organization, the department shall notify the affected county
1279	and provide for public hearings in accordance with s.
1280	339.155(5)(6)(c).
1281	Section 28.  Section 338.231, Florida Statutes, is amended
1282	to read:
1283	338.231  Turnpike tolls, fixing; pledge of tolls and other
1284	revenues.--The department shall at all times fix, adjust,
1285	charge, and collect such tolls and amounts for the use of the
1286	turnpike system as are required in order to provide a fund
1287	sufficient with other revenues of the turnpike system to pay the
1288	cost of maintaining, improving, repairing, and operating such
1289	turnpike system; to pay the principal of and interest on all
1290	bonds issued to finance or refinance any portion of the turnpike
1291	system as the same become due and payable; and to create
1292	reserves for all such purposes.
1293	(1)  In the process of effectuating toll rate increases
1294	over the period 1988 through 1992, the department shall, to the
1295	maximum extent feasible, equalize the toll structure, within
1296	each vehicle classification, so that the per mile toll rate will
1297	be approximately the same throughout the turnpike system. New
1298	turnpike projects may have toll rates higher than the uniform
1299	system rate where such higher toll rates are necessary to
1300	qualify the project in accordance with the financial criteria in
1301	the turnpike law. Such higher rates may be reduced to the
1302	uniform system rate when the project is generating sufficient
1303	revenues to pay the full amount of debt service and operating
1304	and maintenance costs at the uniform system rate. If, after 15
1305	years of opening to traffic, the annual revenue of a turnpike
1306	project does not meet or exceed the annual debt service
1307	requirements and operating and maintenance costs attributable to
1308	such project, the department shall, to the maximum extent
1309	feasible, establish a toll rate for the project which is higher
1310	than the uniform system rate as necessary to meet such annual
1311	debt service requirements and operating and maintenance costs.
1312	The department may, to the extent feasible, establish a
1313	temporary toll rate at less than the uniform system rate for the
1314	purpose of building patronage for the ultimate benefit of the
1315	turnpike system. In no case shall the temporary rate be
1316	established for more than 1 year. The requirements of this
1317	subsection shall not apply when the application of such
1318	requirements would violate any covenant established in a
1319	resolution or trust indenture relating to the issuance of
1320	turnpike bonds.
1321	(1)(2)  Notwithstanding any other provision of law, the
1322	department may defer the scheduled July 1, 1993, toll rate
1323	increase on the Homestead Extension of the Florida Turnpike
1324	until July 1, 1995. The department may also advance funds to the
1325	Turnpike General Reserve Trust Fund to replace estimated lost
1326	revenues resulting from this deferral. The amount advanced must
1327	be repaid within 12 years from the date of advance; however, the
1328	repayment is subordinate to all other debt financing of the
1329	turnpike system outstanding at the time repayment is due.
1330	(2)(3)  The department shall publish a proposed change in
1331	the toll rate for the use of an existing toll facility, in the
1332	manner provided for in s. 120.54, which will provide for public
1333	notice and the opportunity for a public hearing before the
1334	adoption of the proposed rate change. When the department is
1335	evaluating a proposed turnpike toll project under s. 338.223 and
1336	has determined that there is a high probability that the project
1337	will pass the test of economic feasibility predicated on
1338	proposed toll rates, the toll rate that is proposed to be
1339	charged after the project is constructed must be adopted during
1340	the planning and project development phase of the project, in
1341	the manner provided for in s. 120.54, including public notice
1342	and the opportunity for a public hearing. For such a new
1343	project, the toll rate becomes effective upon the opening of the
1344	project to traffic.
1345	(3)(a)(4)  For the period July 1, 1998, through June 30,
1346	2017, the department shall, to the maximum extent feasible,
1347	program sufficient funds in the tentative work program such that
1348	the percentage of turnpike toll and bond financed commitments in
1349	Dade County, Broward County, and Palm Beach County as compared
1350	to total turnpike toll and bond financed commitments shall be at
1351	least 90 percent of the share of net toll collections
1352	attributable to users of the turnpike system in Dade County,
1353	Broward County, and Palm Beach County as compared to total net
1354	toll collections attributable to users of the turnpike system.
1355	The requirements of this subsection do not apply when the
1356	application of such requirements would violate any covenant
1357	established in a resolution or trust indenture relating to the
1358	issuance of turnpike bonds. The department at any time for
1359	economic considerations may establish lower temporary toll rates
1360	for a new or existing toll facility for a period not to exceed 1
1361	year, after which the toll rates promulgated under s. 120.54
1362	shall become effective.
1363	(b)  The department shall also fix, adjust, charge, and
1364	collect such amounts needed to cover the costs of administering
1365	the different toll collection and payment methods and types of
1366	accounts being offered and utilized, in the manner provided for
1367	in s. 120.54, which will provide for public notice and the
1368	opportunity for a public hearing before adoption. Such amounts
1369	may stand alone, or be incorporated in a toll rate structure, or
1370	be a combination thereof.
1371	(4)(5)  When bonds are outstanding which have been issued
1372	to finance or refinance any turnpike project, the tolls and all
1373	other revenues derived from the turnpike system and pledged to
1374	such bonds shall be set aside as may be provided in the
1375	resolution authorizing the issuance of such bonds or the trust
1376	agreement securing the same. The tolls or other revenues or
1377	other moneys so pledged and thereafter received by the
1378	department are immediately subject to the lien of such pledge
1379	without any physical delivery thereof or further act. The lien
1380	of any such pledge is valid and binding as against all parties
1381	having claims of any kind in tort or contract or otherwise
1382	against the department irrespective of whether such parties have
1383	notice thereof. Neither the resolution nor any trust agreement
1384	by which a pledge is created need be filed or recorded except in
1385	the records of the department.
1386	(5)(6)  In each fiscal year while any of the bonds of the
1387	Broward County Expressway Authority series 1984 and series 1986-
1388	A remain outstanding, the department is authorized to pledge
1389	revenues from the turnpike system to the payment of principal
1390	and interest of such series of bonds and the operation and
1391	maintenance expenses of the Sawgrass Expressway, to the extent
1392	gross toll revenues of the Sawgrass Expressway are insufficient
1393	to make such payments. The terms of an agreement relative to the
1394	pledge of turnpike system revenue will be negotiated with the
1395	parties of the 1984 and 1986 Broward County Expressway Authority
1396	lease-purchase agreements, and subject to the covenants of those
1397	agreements. The agreement shall establish that the Sawgrass
1398	Expressway shall be subject to the planning, management, and
1399	operating control of the department limited only by the terms of
1400	the lease-purchase agreements. The department shall provide for
1401	the payment of operation and maintenance expenses of the
1402	Sawgrass Expressway until such agreement is in effect. This
1403	pledge of turnpike system revenues shall be subordinate to the
1404	debt service requirements of any future issue of turnpike bonds,
1405	the payment of turnpike system operation and maintenance
1406	expenses, and subject to provisions of any subsequent resolution
1407	or trust indenture relating to the issuance of such turnpike
1408	bonds.
1409	(6)(7)  The use and disposition of revenues pledged to
1410	bonds are subject to the provisions of ss. 338.22-338.241 and
1411	such regulations as the resolution authorizing the issuance of
1412	such bonds or such trust agreement may provide.
1413	Section 29.  Subsection (4) of section 339.12, Florida
1414	Statutes, is amended to read:
1415	339.12  Aid and contributions by governmental entities for
1416	department projects; federal aid.--
1417	(4)(a)  Prior to accepting the contribution of road bond
1418	proceeds, time warrants, or cash for which reimbursement is
1419	sought, the department shall enter into agreements with the
1420	governing body of the governmental entity for the project or
1421	project phases in accordance with specifications agreed upon
1422	between the department and the governing body of the
1423	governmental entity. The department in no instance is to receive
1424	from such governmental entity an amount in excess of the actual
1425	cost of the project or project phase. By specific provision in
1426	the written agreement between the department and the governing
1427	body of the governmental entity, the department may agree to
1428	reimburse the governmental entity for the actual amount of the
1429	bond proceeds, time warrants, or cash used on a highway project
1430	or project phases that are not revenue producing and are
1431	contained in the department's adopted work program, or any
1432	public transportation project contained in the adopted work
1433	program. Subject to appropriation of funds by the Legislature,
1434	the department may commit state funds for reimbursement of such
1435	projects or project phases. Reimbursement to the governmental
1436	entity for such a project or project phase must be made from
1437	funds appropriated by the Legislature, and reimbursement for the
1438	cost of the project or project phase is to begin in the year the
1439	project or project phase is scheduled in the work program as of
1440	the date of the agreement. Funds advanced pursuant to this
1441	section, which were originally designated for transportation
1442	purposes and so reimbursed to a county or municipality, shall be
1443	used by the county or municipality for any transportation
1444	expenditure authorized under s. 336.025(7). Also, cities and
1445	counties may receive funds from persons, and reimburse those
1446	persons, for the purposes of this section. Such persons may
1447	include, but are not limited to, those persons defined in s.
1448	607.01401(19).
1449	(b)  Prior to entering an agreement to advance a project or
1450	project phase pursuant to this subsection and subsection (5),
1451	the department shall first update the estimated cost of the
1452	project or project phase and certify that the estimate is
1453	accurate and consistent with the amount estimated in the adopted
1454	work program. If the original estimate and the updated estimate
1455	vary, the department shall amend the adopted work program
1456	according to the amendatory procedures for the work program set
1457	forth in s. 339.135(7). The amendment shall reflect all
1458	corresponding increases and decreases to the affected projects
1459	within the adopted work program.
1460	(c)  The department may enter into agreements under this
1461	subsection for a project or project phase not included in the
1462	adopted work program. As used in this paragraph, the term
1463	"project phase" means acquisition of rights-of-way,
1464	construction, construction inspection, and related support
1465	phases. The project or project phase must be a high priority of
1466	the governmental entity. Reimbursement for a project or project
1467	phase must be made from funds appropriated by the Legislature
1468	pursuant to s. 339.135(5). All other provisions of this
1469	subsection apply to agreements entered into under this
1470	paragraph. The total amount of project agreements for projects
1471	or project phases not included in the adopted work program
1472	authorized by this paragraph may not at any time exceed $250
1473	$100 million. However, notwithstanding such $250 $100 million
1474	limit and any similar limit in s. 334.30, project advances for
1475	any inland county with a population greater than 500,000
1476	dedicating amounts equal to $500 million or more of its Local
1477	Government Infrastructure Surtax pursuant to s. 212.055(2) for
1478	improvements to the State Highway System which are included in
1479	the local metropolitan planning organization's or the
1480	department's long-range transportation plans shall be excluded
1481	from the calculation of the statewide limit of project advances.
1482	(d)  The department may enter into agreements under this
1483	subsection with any county that has a population of 150,000 or
1484	less as determined by the most recent official estimate pursuant
1485	to s. 186.901 for a project or project phase not included in the
1486	adopted work program. As used in this paragraph, the term
1487	"project phase" means acquisition of rights-of-way,
1488	construction, construction inspection, and related support
1489	phases. The project or project phase must be a high priority of
1490	the governmental entity. Reimbursement for a project or project
1491	phase must be made from funds appropriated by the Legislature
1492	pursuant to s. 339.135(5). All other provisions of this
1493	subsection apply to agreements entered into under this
1494	paragraph. The total amount of project agreements for projects
1495	or project phases not included in the adopted work program
1496	authorized by this paragraph may not at any time exceed $200
1497	million. The project must be included in the local government's
1498	adopted comprehensive plan. The department is authorized to
1499	enter into long-term repayment agreements of up to 30 years.
1500	Section 30.  Paragraph (d) of subsection (7) of section
1501	339.135, Florida Statutes, is amended to read:
1502	339.135  Work program; legislative budget request;
1503	definitions; preparation, adoption, execution, and amendment.--
1504	(7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
1505	(d)1.  Whenever the department proposes any amendment to
1506	the adopted work program, as defined in subparagraph (c)1. or
1507	subparagraph (c)3., which deletes or defers a construction phase
1508	on a capacity project, it shall notify each county affected by
1509	the amendment and each municipality within the county. The
1510	notification shall be issued in writing to the chief elected
1511	official of each affected county, each municipality within the
1512	county, and the chair of each affected metropolitan planning
1513	organization. Each affected county and each municipality in the
1514	county, is encouraged to coordinate with each other to determine
1515	how the amendment effects local concurrency management and
1516	regional transportation planning efforts. Each affected county,
1517	and each municipality within the county, shall have 14 days to
1518	provide written comments to the department regarding how the
1519	amendment will effect its respective concurrency management
1520	systems, including whether any development permits were issued
1521	contingent upon the capacity improvement, if applicable. After
1522	receipt of written comments from the affected local governments,
1523	the department shall include any written comments submitted by
1524	such local governments in its preparation of the proposed
1525	amendment.
1526	2.  Following the 14-day comment period in subparagraph 1.,
1527	if applicable, whenever the department proposes any amendment to
1528	the adopted work program, which amendment is defined in
1529	subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
1530	subparagraph (c)4., it shall submit the proposed amendment to
1531	the Governor for approval and shall immediately notify the
1532	chairs of the legislative appropriations committees, the chairs
1533	of the legislative transportation committees, and each member of
1534	the Legislature who represents a district affected by the
1535	proposed amendment. It shall also notify, each metropolitan
1536	planning organization affected by the proposed amendment, and
1537	each unit of local government affected by the proposed
1538	amendment, unless it provided to each the notification required
1539	by subparagraph 1. Such proposed amendment shall provide a
1540	complete justification of the need for the proposed amendment.
1541	3.2.  The Governor shall not approve a proposed amendment
1542	until 14 days following the notification required in
1543	subparagraph 2. 1.
1544	4.3.  If either of the chairs of the legislative
1545	appropriations committees or the President of the Senate or the
1546	Speaker of the House of Representatives objects in writing to a
1547	proposed amendment within 14 days following notification and
1548	specifies the reasons for such objection, the Governor shall
1549	disapprove the proposed amendment.
1550	Section 31.  Section 339.155, Florida Statutes, is amended
1551	to read:
1552	339.155  Transportation planning.--
1553	(1)  THE FLORIDA TRANSPORTATION PLAN.--The department shall
1554	develop and annually update a statewide transportation plan, to
1555	be known as the Florida Transportation Plan. The plan shall be
1556	designed so as to be easily read and understood by the general
1557	public. The purpose of the Florida Transportation Plan is to
1558	establish and define the state's long-range transportation goals
1559	and objectives to be accomplished over a period of at least 20
1560	years within the context of the State Comprehensive Plan, and
1561	any other statutory mandates and authorizations and based upon
1562	the prevailing principles of: preserving the existing
1563	transportation infrastructure; enhancing Florida's economic
1564	competitiveness; and improving travel choices to ensure
1565	mobility. The Florida Transportation Plan shall consider the
1566	needs of the entire state transportation system and examine the
1567	use of all modes of transportation to effectively and
1568	efficiently meet such needs.
1569	(2)  SCOPE OF PLANNING PROCESS.--The department shall carry
1570	out a transportation planning process in conformance with s.
1571	334.046(1). which provides for consideration of projects and
1572	strategies that will:
1573	(a)  Support the economic vitality of the United States,
1574	Florida, and the metropolitan areas, especially by enabling
1575	global competitiveness, productivity, and efficiency;
1576	(b)  Increase the safety and security of the transportation
1577	system for motorized and nonmotorized users;
1578	(c)  Increase the accessibility and mobility options
1579	available to people and for freight;
1580	(d)  Protect and enhance the environment, promote energy
1581	conservation, and improve quality of life;
1582	(e)  Enhance the integration and connectivity of the
1583	transportation system, across and between modes throughout
1584	Florida, for people and freight;
1585	(f)  Promote efficient system management and operation; and
1586	(g)  Emphasize the preservation of the existing
1587	transportation system.
1588	(3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida
1589	Transportation Plan shall be a unified, concise planning
1590	document that clearly defines the state's long-range
1591	transportation goals and objectives and documents the
1592	department's short-range objectives developed to further such
1593	goals and objectives. The plan shall:
1594	(a)  Include a glossary that clearly and succinctly defines
1595	any and all phrases, words, or terms of art included in the
1596	plan, with which the general public may be unfamiliar. and shall
1597	consist of, at a minimum, the following components:
1598	(b)(a)  Document A long-range component documenting the
1599	goals and long-term objectives necessary to implement the
1600	results of the department's findings from its examination of the
1601	prevailing principles and criteria provided under listed in
1602	subsection (2) and s. 334.046(1). The long-range component must
1603	(c)  Be developed in cooperation with the metropolitan
1604	planning organizations and reconciled, to the maximum extent
1605	feasible, with the long-range plans developed by metropolitan
1606	planning organizations pursuant to s. 339.175. The plan must
1607	also
1608	(d)  Be developed in consultation with affected local
1609	officials in nonmetropolitan areas and with any affected Indian
1610	tribal governments. The plan must
1611	(e)  Provide an examination of transportation issues likely
1612	to arise during at least a 20-year period. The long-range
1613	component shall
1614	(f)  Be updated at least once every 5 years, or more often
1615	as necessary, to reflect substantive changes to federal or state
1616	law.
1617	(b)  A short-range component documenting the short-term
1618	objectives and strategies necessary to implement the goals and
1619	long-term objectives contained in the long-range component. The
1620	short-range component must define the relationship between the
1621	long-range goals and the short-range objectives, specify those
1622	objectives against which the department's achievement of such
1623	goals will be measured, and identify transportation strategies
1624	necessary to efficiently achieve the goals and objectives in the
1625	plan. It must provide a policy framework within which the
1626	department's legislative budget request, the strategic
1627	information resource management plan, and the work program are
1628	developed. The short-range component shall serve as the
1629	department's annual agency strategic plan pursuant to s.
1630	186.021. The short-range component shall be developed consistent
1631	with available and forecasted state and federal funds. The
1632	short-range component shall also be submitted to the Florida
1633	Transportation Commission.
1634	(4)  ANNUAL PERFORMANCE REPORT.--The department shall
1635	develop an annual performance report evaluating the operation of
1636	the department for the preceding fiscal year. The report shall
1637	also include a summary of the financial operations of the
1638	department and shall annually evaluate how well the adopted work
1639	program meets the short-term objectives contained in the short-
1640	range component of the Florida Transportation Plan. This
1641	performance report shall be submitted to the Florida
1642	Transportation Commission and the legislative appropriations and
1643	transportation committees.
1644	(4)(5)  ADDITIONAL TRANSPORTATION PLANS.--
1645	(a)  Upon request by local governmental entities, the
1646	department may in its discretion develop and design
1647	transportation corridors, arterial and collector streets,
1648	vehicular parking areas, and other support facilities which are
1649	consistent with the plans of the department for major
1650	transportation facilities. The department may render to local
1651	governmental entities or their planning agencies such technical
1652	assistance and services as are necessary so that local plans and
1653	facilities are coordinated with the plans and facilities of the
1654	department.
1655	(b)  Each regional planning council, as provided for in s.
1656	186.504, or any successor agency thereto, shall develop, as an
1657	element of its strategic regional policy plan, transportation
1658	goals and policies. The transportation goals and policies must
1659	be prioritized to comply with the prevailing principles provided
1660	in subsection (2) and s. 334.046(1). The transportation goals
1661	and policies shall be consistent, to the maximum extent
1662	feasible, with the goals and policies of the metropolitan
1663	planning organization and the Florida Transportation Plan. The
1664	transportation goals and policies of the regional planning
1665	council will be advisory only and shall be submitted to the
1666	department and any affected metropolitan planning organization
1667	for their consideration and comments. Metropolitan planning
1668	organization plans and other local transportation plans shall be
1669	developed consistent, to the maximum extent feasible, with the
1670	regional transportation goals and policies. The regional
1671	planning council shall review urbanized area transportation
1672	plans and any other planning products stipulated in s. 339.175
1673	and provide the department and respective metropolitan planning
1674	organizations with written recommendations which the department
1675	and the metropolitan planning organizations shall take under
1676	advisement. Further, the regional planning councils shall
1677	directly assist local governments which are not part of a
1678	metropolitan area transportation planning process in the
1679	development of the transportation element of their comprehensive
1680	plans as required by s. 163.3177.
1681	(c)  Regional transportation plans may be developed in
1682	regional transportation areas in accordance with an interlocal
1683	agreement entered into pursuant to s. 163.01 by two or more
1684	contiguous metropolitan planning organizations; one or more
1685	metropolitan planning organizations and one or more contiguous
1686	counties, none of which is a member of a metropolitan planning
1687	organization; a multicounty regional transportation authority
1688	created by or pursuant to law; two or more contiguous counties
1689	that are not members of a metropolitan planning organization; or
1690	metropolitan planning organizations comprised of three or more
1691	counties.
1692	(d)  The interlocal agreement must, at a minimum, identify
1693	the entity that will coordinate the development of the regional
1694	transportation plan; delineate the boundaries of the regional
1695	transportation area; provide the duration of the agreement and
1696	specify how the agreement may be terminated, modified, or
1697	rescinded; describe the process by which the regional
1698	transportation plan will be developed; and provide how members
1699	of the entity will resolve disagreements regarding
1700	interpretation of the interlocal agreement or disputes relating
1701	to the development or content of the regional transportation
1702	plan. Such interlocal agreement shall become effective upon its
1703	recordation in the official public records of each county in the
1704	regional transportation area.
1705	(e)  The regional transportation plan developed pursuant to
1706	this section must, at a minimum, identify regionally significant
1707	transportation facilities located within a regional
1708	transportation area and contain a prioritized list of regionally
1709	significant projects. The level-of-service standards for
1710	facilities to be funded under this subsection shall be adopted
1711	by the appropriate local government in accordance with s.
1712	163.3180(10). The projects shall be adopted into the capital
1713	improvements schedule of the local government comprehensive plan
1714	pursuant to s. 163.3177(3).
1715	(5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
1716	TRANSPORTATION PLANNING.--
1717	(a)  During the development of the long-range component of
1718	the Florida Transportation Plan and prior to substantive
1719	revisions, the department shall provide citizens, affected
1720	public agencies, representatives of transportation agency
1721	employees, other affected employee representatives, private
1722	providers of transportation, and other known interested parties
1723	with an opportunity to comment on the proposed plan or
1724	revisions. These opportunities shall include, at a minimum,
1725	publishing a notice in the Florida Administrative Weekly and
1726	within a newspaper of general circulation within the area of
1727	each department district office.
1728	(b)  During development of major transportation
1729	improvements, such as those increasing the capacity of a
1730	facility through the addition of new lanes or providing new
1731	access to a limited or controlled access facility or
1732	construction of a facility in a new location, the department
1733	shall hold one or more hearings prior to the selection of the
1734	facility to be provided; prior to the selection of the site or
1735	corridor of the proposed facility; and prior to the selection of
1736	and commitment to a specific design proposal for the proposed
1737	facility. Such public hearings shall be conducted so as to
1738	provide an opportunity for effective participation by interested
1739	persons in the process of transportation planning and site and
1740	route selection and in the specific location and design of
1741	transportation facilities. The various factors involved in the
1742	decision or decisions and any alternative proposals shall be
1743	clearly presented so that the persons attending the hearing may
1744	present their views relating to the decision or decisions which
1745	will be made.
1746	(c)  Opportunity for design hearings:
1747	1.  The department, prior to holding a design hearing,
1748	shall duly notify all affected property owners of record, as
1749	recorded in the property appraiser's office, by mail at least 20
1750	days prior to the date set for the hearing. The affected
1751	property owners shall be:
1752	a.  Those whose property lies in whole or in part within
1753	300 feet on either side of the centerline of the proposed
1754	facility.
1755	b.  Those whom the department determines will be
1756	substantially affected environmentally, economically, socially,
1757	or safetywise.
1758	2.  For each subsequent hearing, the department shall
1759	publish notice prior to the hearing date in a newspaper of
1760	general circulation for the area affected. These notices must be
1761	published twice, with the first notice appearing at least 15
1762	days, but no later than 30 days, before the hearing.
1763	3.  A copy of the notice of opportunity for the hearing
1764	must be furnished to the United States Department of
1765	Transportation and to the appropriate departments of the state
1766	government at the time of publication.
1767	4.  The opportunity for another hearing shall be afforded
1768	in any case when proposed locations or designs are so changed
1769	from those presented in the notices specified above or at a
1770	hearing as to have a substantially different social, economic,
1771	or environmental effect.
1772	5.  The opportunity for a hearing shall be afforded in each
1773	case in which the department is in doubt as to whether a hearing
1774	is required.
1775	Section 32.  Subsection (3) and paragraphs (b) and (c) of
1776	subsection (4) of section 339.2816, Florida Statutes, are
1777	amended to read:
1778	339.2816  Small County Road Assistance Program.--
1779	(3)  Beginning with fiscal year 1999-2000 until fiscal year
1780	2009-2010, and beginning again with fiscal year 2012-2013, up to
1781	$25 million annually from the State Transportation Trust Fund
1782	may be used for the purposes of funding the Small County Road
1783	Assistance Program as described in this section.
1784	(4)
1785	(b)  In determining a county's eligibility for assistance
1786	under this program, the department may consider whether the
1787	county has attempted to keep county roads in satisfactory
1788	condition, including the amount of local option fuel tax and ad
1789	valorem millage rate imposed by the county. The department may
1790	also consider the extent to which the county has offered to
1791	provide a match of local funds with state funds provided under
1792	the program. At a minimum, small counties shall be eligible only
1793	if:
1794	1.  The county has enacted the maximum rate of the local
1795	option fuel tax authorized by s. 336.025(1)(a)., and has imposed
1796	an ad valorem millage rate of at least 8 mills; or
1797	2.  The county has imposed an ad valorem millage rate of 10
1798	mills.
1799	(c)  The following criteria shall be used to prioritize
1800	road projects for funding under the program:
1801	1.  The primary criterion is the physical condition of the
1802	road as measured by the department.
1803	2.  As secondary criteria the department may consider:
1804	a.  Whether a road is used as an evacuation route.
1805	b.  Whether a road has high levels of agricultural travel.
1806	c.  Whether a road is considered a major arterial route.
1807	d.  Whether a road is considered a feeder road.
1808	e.  Whether a road is located in a fiscally constrained
1809	county, as defined in s. 218.67(1).
1810	f.e.  Other criteria related to the impact of a project on
1811	the public road system or on the state or local economy as
1812	determined by the department.
1813	Section 33.  Subsections (1) and (3) of section 339.2819,
1814	Florida Statutes, are amended to read:
1815	339.2819  Transportation Regional Incentive Program.--
1816	(1)  There is created within the Department of
1817	Transportation a Transportation Regional Incentive Program for
1818	the purpose of providing funds to improve regionally significant
1819	transportation facilities in regional transportation areas
1820	created pursuant to s. 339.155(4)(5).
1821	(3)  The department shall allocate funding available for
1822	the Transportation Regional Incentive Program to the districts
1823	based on a factor derived from equal parts of population and
1824	motor fuel collections for eligible counties in regional
1825	transportation areas created pursuant to s. 339.155(4)(5).
1826	Section 34.  Subsection (6) of section 339.285, Florida
1827	Statutes, is amended to read:
1828	339.285  Enhanced Bridge Program for Sustainable
1829	Transportation.--
1830	(6)  Preference shall be given to bridge projects located
1831	on corridors that connect to the Strategic Intermodal System,
1832	created under s. 339.64, and that have been identified as
1833	regionally significant in accordance with s. 339.155(4)(5)(c),
1834	(d), and (e).
1835	Section 35.  Subsections (8) through (14) are added to
1836	section 341.301, Florida Statutes, to read:
1837	341.301  Definitions; ss. 341.302 and 341.303.--As used in
1838	ss. 341.302 and 341.303, the term:
1839	(8)  "Commuter rail passenger or passengers" means and
1840	includes any and all persons, ticketed or unticketed, using the
1841	commuter rail service on a department owned rail corridor:
1842	(a)  On board trains, locomotives, rail cars, or rail
1843	equipment employed in commuter rail service or entraining and
1844	detraining therefrom;
1845	(b)  On or about the rail corridor for any purpose related
1846	to the commuter rail service, including, without limitation,
1847	parking, inquiring about commuter rail service or purchasing
1848	tickets therefor and coming to, waiting for, leaving from, or
1849	observing trains, locomotives, rail cars, or rail equipment; or
1850	(c)  Meeting, assisting, or in the company of any person
1851	described in paragraph (a) or paragraph (b).
1852	(9)  "Commuter rail service" means the transportation of
1853	commuter rail passengers and other passengers by rail pursuant
1854	to a rail program provided by the department or any other
1855	governmental entities.
1856	(10)  "Rail corridor invitee" means and includes any and
1857	all persons who are on or about a department-owned rail
1858	corridor:
1859	(a)  For any purpose related to any ancillary development
1860	thereon; or
1861	(b)  Meeting, assisting, or in the company of any person
1862	described in paragraph (a).
1863	(11)  "Rail corridor" means a linear contiguous strip of
1864	real property that is used for rail service. The term includes
1865	the corridor and structures essential to the operation of a
1866	railroad, including the land, structures, improvements, rights-
1867	of-way, easements, rail lines, rail beds, guideway structures,
1868	switches, yards, parking facilities, power relays, switching
1869	houses, rail stations, ancillary development, and any other
1870	facilities or equipment used for the purposes of construction,
1871	operation, or maintenance of a railroad that provides rail
1872	service.
1873	(12)  "Railroad operations" means the use of the rail
1874	corridor to conduct commuter rail service, intercity rail
1875	passenger service, or freight rail service.
1876	(13)  "Ancillary development" includes any lessee or
1877	licensee of the department, including, but not limited to, other
1878	governmental entities, vendors, retailers, restaurateurs, or
1879	contract service providers, within a department-owned rail
1880	corridor, except for providers of commuter rail service,
1881	intercity rail passenger service, or freight rail service.
1882	(14)  "Governmental entity or entities" means as defined in
1883	s. 11.45, including a "public agency" as defined in s. 163.01.
1884	Section 36.  Section 341.302, Florida Statutes, is amended
1885	to read:
1886	341.302  Rail program, duties and responsibilities of the
1887	department.--The department, in conjunction with other
1888	governmental entities units and the private sector, shall
1889	develop and implement a rail program of statewide application
1890	designed to ensure the proper maintenance, safety,
1891	revitalization, and expansion of the rail system to assure its
1892	continued and increased availability to respond to statewide
1893	mobility needs. Within the resources provided pursuant to
1894	chapter 216, and as authorized under federal law Title 49 C.F.R.
1895	part 212, the department shall:
1896	(1)  Provide the overall leadership, coordination, and
1897	financial and technical assistance necessary to assure the
1898	effective responses of the state's rail system to current and
1899	anticipated mobility needs.
1900	(2)  Promote and facilitate the implementation of advanced
1901	rail systems, including high-speed rail and magnetic levitation
1902	systems.
1903	(3)  Develop and periodically update the rail system plan,
1904	on the basis of an analysis of statewide transportation needs.
1905	The plan shall be consistent with the Florida Transportation
1906	Plan developed pursuant to s. 339.155. The rail system plan
1907	shall include an identification of priorities, programs, and
1908	funding levels required to meet statewide needs. The rail system
1909	plan shall be developed in a manner that will assure the maximum
1910	use of existing facilities and the optimum integration and
1911	coordination of the various modes of transportation, public and
1912	private, in the most cost-effective manner possible. The rail
1913	system plan shall be updated at least every 2 years and include
1914	plans for both passenger rail service and freight rail service.
1915	(4)  As part of the work program of the department,
1916	formulate a specific program of projects and financing to
1917	respond to identified railroad needs.
1918	(5)  Provide technical and financial assistance to units of
1919	local government to address identified rail transportation
1920	needs.
1921	(6)  Secure and administer federal grants, loans, and
1922	apportionments for rail projects within this state when
1923	necessary to further the statewide program.
1924	(7)  Develop and administer state standards concerning the
1925	safety and performance of rail systems, hazardous material
1926	handling, and operations. Such standards shall be developed
1927	jointly with representatives of affected rail systems, with full
1928	consideration given to nationwide industry norms, and shall
1929	define the minimum acceptable standards for safety and
1930	performance.
1931	(8)  Conduct, at a minimum, inspections of track and
1932	rolling stock; train signals and related equipment; hazardous
1933	materials transportation, including the loading, unloading, and
1934	labeling of hazardous materials at shippers', receivers', and
1935	transfer points; and train operating practices to determine
1936	adherence to state and federal standards. Department personnel
1937	may enforce any safety regulation issued under the Federal
1938	Government's preemptive authority over interstate commerce.
1939	(9)  Assess penalties, in accordance with the applicable
1940	federal regulations, for the failure to adhere to the state
1941	standards.
1942	(10)  Administer rail operating and construction programs,
1943	which programs shall include the regulation of maximum train
1944	operating speeds, the opening and closing of public grade
1945	crossings, the construction and rehabilitation of public grade
1946	crossings, and the installation of traffic control devices at
1947	public grade crossings, the administering of the programs by the
1948	department including participation in the cost of the programs.
1949	(11)  Coordinate and facilitate the relocation of railroads
1950	from congested urban areas to nonurban areas when relocation has
1951	been determined feasible and desirable from the standpoint of
1952	safety, operational efficiency, and economics.
1953	(12)  Implement a program of branch line continuance
1954	projects when an analysis of the industrial and economic
1955	potential of the line indicates that public involvement is
1956	required to preserve essential rail service and facilities.
1957	(13)  Provide new rail service and equipment when:
1958	(a)  Pursuant to the transportation planning process, a
1959	public need has been determined to exist;
1960	(b)  The cost of providing such service does not exceed the
1961	sum of revenues from fares charged to users, services purchased
1962	by other public agencies, local fund participation, and specific
1963	legislative appropriation for this purpose; and
1964	(c)  Service cannot be reasonably provided by other
1965	governmental or privately owned rail systems.
1966
1967	The department may own, lease, and otherwise encumber
1968	facilities, equipment, and appurtenances thereto, as necessary
1969	to provide new rail services; or the department may provide such
1970	service by contracts with privately owned service providers.
1971	(14)  Furnish required emergency rail transportation
1972	service if no other private or public rail transportation
1973	operation is available to supply the required service and such
1974	service is clearly in the best interest of the people in the
1975	communities being served. Such emergency service may be
1976	furnished through contractual arrangement, actual operation of
1977	state-owned equipment and facilities, or any other means
1978	determined appropriate by the secretary.
1979	(15)  Assist in the development and implementation of
1980	marketing programs for rail services and of information systems
1981	directed toward assisting rail systems users.
1982	(16)  Conduct research into innovative or potentially
1983	effective rail technologies and methods and maintain expertise
1984	in state-of-the-art rail developments.
1985	(17)  The department is authorized to purchase the required
1986	right-of-way, improvements, and appurtenances of the A-Line rail
1987	corridor from CSX Transportation, Inc., for a maximum purchase
1988	price of $436 million, as supported by an appraisal, for the
1989	primary purpose of implementing commuter rail service in what is
1990	commonly identified as the Central Florida Rail Corridor, and
1991	consisting of an approximately 61.5-mile section of the existing
1992	A-Line rail corridor running from a point at or near Deland,
1993	Florida to a point at or near Poinciana, Florida.
1994	(18)  In conjunction with the acquisition, ownership,
1995	construction, operation, maintenance, and management of a rail
1996	corridor, have the authority to:
1997	(a)  Assume the obligation by contract to forever protect,
1998	defend, and indemnify and hold harmless the freight rail
1999	operator, or its successors, from whom the department has
2000	acquired a real property interest in the rail corridor, and that
2001	freight rail operator's officers, agents, and employees, from
2002	and against any liability, cost, and expense including, but not
2003	limited to, commuter rail passengers, rail corridor invitees,
2004	and trespassers in the rail corridor, regardless of whether the
2005	loss, damage, destruction, injury, or death giving rise to any
2006	such liability, cost, or expense is caused in whole or in part
2007	and to whatever nature or degree by the fault, failure,
2008	negligence, misconduct, nonfeasance, or misfeasance of such
2009	freight rail operator, its successors, or its officers, agents,
2010	and employees, or any other person or persons whomsoever,
2011	provided that such assumption of liability of the department by
2012	contract shall not in any instance exceed the following
2013	parameters of allocation of risk:
2014	1.  The department may be solely responsible for any loss,
2015	injury, or damage to commuter rail passengers, rail corridor
2016	invitees, or trespassers, regardless of circumstances or cause,
2017	subject to subparagraphs 2., 3., and 4.
2018	2.  When only one train is involved in an incident, the
2019	department may be solely responsible for any loss, injury, or
2020	damage if the train is a department train or other train
2021	pursuant to subparagraph 3., but only if in an instance when
2022	only a freight rail operator train is involved the freight rail
2023	operator is solely responsible for any loss, injury, or damage,
2024	except for commuter rail passengers, rail corridor invitees, and
2025	trespassers; and, the freight rail operator is solely
2026	responsible for its property and all of its people in any
2027	instance when its train is involved in an incident.
2028	3.  For the purposes of this subsection, any train involved
2029	in an incident that is neither the department's train nor the
2030	freight rail operator's train, hereinafter referred to in this
2031	subsection as an "other train," may be treated as a department
2032	train, solely for purposes of any allocation of liability
2033	between the department and the freight rail operator only, but
2034	only if the department and the freight rail operator share
2035	responsibility equally as to third parties outside the rail
2036	corridor who incur loss, injury, or damage as a result of any
2037	incident involving both a department train and a freight rail
2038	operator train; and, the allocation as between the department
2039	and the freight rail operator, regardless of whether the other
2040	train is treated as a department train, shall remain one-half
2041	each as to third parties outside the rail corridor who incur
2042	loss, injury, or damage as a result of the incident, and the
2043	involvement of any other train shall not alter the sharing of
2044	equal responsibility as to third parties outside the rail
2045	corridor who incur loss, injury, or damage as a result of the
2046	incident.
2047	4.  When more than one train is involved in an incident:
2048	a.  If only a department train and a freight rail
2049	operator's train, or only another train as described in
2050	subparagraph 3. and a freight rail operator's train, are
2051	involved in an incident, the department may be responsible for
2052	its property and all of its people, all commuter rail
2053	passengers, rail corridor invitees, and trespassers, but only if
2054	the freight rail operator is responsible for its property and
2055	all of its people; and the department and the freight rail
2056	operator share responsibility one-half each as to third parties
2057	outside the rail corridor who incur loss, injury, or damage as a
2058	result of the incident.
2059	b.  If a department train, a freight rail operator train,
2060	and any other train are involved in an incident, the allocation
2061	of liability as between the department and the freight rail
2062	operator, regardless of whether the other train is treated as a
2063	department train, shall remain one-half each as to third parties
2064	outside the rail corridor who incur loss, injury, or damage as a
2065	result of the incident; the involvement of any other train shall
2066	not alter the sharing of equal responsibility as to third
2067	parties outside the rail corridor who incur loss, injury, or
2068	damage as a result of the incident; and, if the owner, operator,
2069	or insurer of the other train makes any payment to injured third
2070	parties outside the rail corridor who incur loss, injury, or
2071	damage as a result of the incident, the allocation of credit
2072	between the department and the freight rail operator as to such
2073	payment shall not in any case reduce the freight rail operator's
2074	third party sharing allocation of one-half under this paragraph
2075	to less than one-third of the total third party liability.
2076	5.  Any such contractual duty to protect, defend,
2077	indemnify, and hold harmless such a freight rail operator shall
2078	expressly: include a specific cap on the amount of the
2079	contractual duty, which amount shall not exceed $200 million
2080	without prior legislative approval; require the department to
2081	purchase liability insurance and establish a self-insurance
2082	retention fund in the amount of the specific cap established
2083	under this paragraph; provide that no such contractual duty
2084	shall in any case be effective nor otherwise extend the
2085	department's liability in scope and effect beyond the
2086	contractual liability insurance and self-insurance retention
2087	fund required pursuant to this paragraph; and provide that the
2088	freight rail operator's compensation to the department for
2089	future use of the department's rail corridor shall include a
2090	monetary contribution to the cost of such liability coverage for
2091	the sole benefit of the freight rail operator.
2092	(b)  Purchase liability insurance which amount shall not
2093	exceed $200 million and establish a self-insurance retention
2094	fund for the purpose of paying the deductible limit established
2095	in the insurance policies it may obtain, including coverage for
2096	the department, any freight rail operator as described in
2097	paragraph (a), commuter rail service providers, governmental
2098	entities, or ancillary development; however, the insureds shall
2099	pay a reasonable monetary contribution to the cost of such
2100	liability coverage for the sole benefit of the insured. Such
2101	insurance and self-insurance retention fund may provide coverage
2102	for all damages, including, but not limited to, compensatory,
2103	special, and exemplary, and be maintained to provide an adequate
2104	fund to cover claims and liabilities for loss, injury, or damage
2105	arising out of or connected with the ownership, operation,
2106	maintenance, and management of a rail corridor.
2107	(c)  Incur expenses for the purchase of advertisements,
2108	marketing, and promotional items.
2109
2110	Neither the assumption by contract to protect, defend,
2111	indemnify, and hold harmless; the purchase of insurance; nor the
2112	establishment of a self-insurance retention fund shall be deemed
2113	to be a waiver of any defense of sovereign immunity for torts
2114	nor deemed to increase the limits of the department's or the
2115	governmental entity's liability for torts as provided in s.
2116	768.28. The requirements of s. 287.022(1) shall not apply to the
2117	purchase of any insurance hereunder. The provisions of this
2118	subsection shall apply and inure fully as to any other
2119	governmental entity providing commuter rail service and
2120	constructing, operating, maintaining, or managing a rail
2121	corridor on publicly owned right-of-way under contract by the
2122	governmental entity with the department or a governmental entity
2123	designated by the department.
2124	(19)(17)  Exercise such other functions, powers, and duties
2125	in connection with the rail system plan as are necessary to
2126	develop a safe, efficient, and effective statewide
2127	transportation system.
2128	Section 37.  Section 341.3023, Florida Statutes, is created
2129	to read:
2130	341.3023  Commuter rail programs and intercity rail
2131	transportation system study.--
2132	(1)  The department shall undertake a comprehensive review
2133	and study of commuter railroad programs and intercity railroad
2134	transportation system plans and their impacts in the state
2135	through 2028.
2136	(2)  The review and study shall encompass and include
2137	information concerning:
2138	(a)  Commuter rail programs and intercity rail
2139	transportation system facility and improvement needs and plans,
2140	including those associated with connectivity to such facilities
2141	and improvements, outlined or contained in, without limitation
2142	thereto, the current Florida Transportation Plan developed
2143	pursuant to s. 339.155(1); regional transportation plans
2144	developed pursuant to s. 339.155(5); the Strategic Intermodal
2145	System Plan developed pursuant to s. 339.64; the adopted work
2146	plan developed pursuant to s. 339.135; long-range transportation
2147	plans developed pursuant to s. 339.175(7); transportation
2148	improvement plans of relevant metropolitan planning
2149	organizations developed pursuant to s. 339.175(8); plans,
2150	information, and studies prepared for or by the authorities
2151	created in parts I, II, III, and V of chapter 343; relevant
2152	studies and information previously prepared by the department
2153	and the Transportation Commission; and the transportation and
2154	capital improvement elements of relevant approved local
2155	government comprehensive plans.
2156	(b)  A detailed review of funding in the state for commuter
2157	rail programs and intercity rail transportation system
2158	improvements, projects, facilities, equipment, rights-of-way,
2159	operating costs, and other costs during the previous 20 years
2160	from state, federal, and local government sources.
2161	(c)  An assessment of the impacts of commuter rail programs
2162	and intercity rail transportation system improvements, projects,
2163	and facilities that have been undertaken in the state during the
2164	previous 20 years and their impact on the state, regional, and
2165	local transportation system and Florida's economic development.
2166	(d)  Proposed commuter rail programs and intercity rail
2167	transportation system improvements, projects, and facilities
2168	throughout the state to be undertaken during the next 20 years,
2169	including, based upon the best available, existing data, a
2170	detailed listing of specific projects with estimates of the
2171	costs of each specific project; projected timelines for such
2172	improvements, projects, and facilities; and the estimated
2173	priority of each such improvement, project, and facility.
2174	(e)  A map of those proposed improvements, projects, and
2175	facilities.
2176	(f)  A finance plan based upon reasonable projections of
2177	anticipated revenues available to the department and units of
2178	local government, including both 10-year and 20-year cost-
2179	feasible components, for such improvements, projects, and
2180	facilities that demonstrates how or what portion of such
2181	improvements, projects, and facilities can be implemented.
2182	(g)  A feasibility study of the best alternatives for
2183	implementing intercity passenger railroad service between the
2184	Tampa Bay region and the greater Orlando area.
2185	(h)  A proposed prioritization process, including
2186	alternatives, for commuter railroad and intercity railroad
2187	improvements, projects, and facilities.
2188	(i)  Funding alternatives for commuter rail programs and
2189	intercity rail transportation system improvements, projects, and
2190	facilities including specific resources, both public and
2191	private, that are reasonably expected to be available to
2192	accomplish such improvements, projects, and facilities and any
2193	innovative financing techniques that might be used to fund such
2194	improvements, projects, and facilities.
2195	(3)  The report shall also include detailed information and
2196	findings about negative impacts caused by current, or projected
2197	to be caused by proposed, commuter rail programs and intercity
2198	rail transportation system projects or freight railroad traffic
2199	in urban areas of the state. For the purpose of this section,
2200	"negative impacts" means those caused by noise, vibration, and
2201	vehicular traffic congestion and delays occurring at rail and
2202	road intersections. "Urban areas" means those areas within or
2203	adjacent to a municipality generally characterized by high
2204	density development and building patterns, greater concentration
2205	of population, and a high level and concentration of public
2206	services and facilities. The Orlando commuter rail project means
2207	the Central Florida Rail Corridor, a line of railroad between
2208	Deland and Poinciana. The report shall include, without
2209	limitation:
2210	(a)  Options and alternatives for eliminating negative
2211	impacts associated with increased freight railroad traffic and
2212	freight railroad congestions within urban areas resulting from
2213	commuter rail programs or intercity rail transportation system
2214	improvements, projects, and facilities, including specifically
2215	those associated with the Orlando commuter railroad project.
2216	(b)  Proposed freight railroad improvements, projects, and
2217	facilities to be undertaken in the next 20 years, including
2218	those associated with the Orlando commuter railroad project, to
2219	eliminate such negative impacts, including, based upon the best
2220	available, existing data, a detailed listing of specific
2221	projects with estimates of the costs of each specific
2222	improvement, project, and facility; projected timelines for such
2223	improvements, projects, and facilities; the estimated priority
2224	of each such improvement, project, and facility; and the
2225	benefits to public safety, economic development, and downtown
2226	development and redevelopment from such improvements, projects,
2227	and facilities.
2228	(c)  A map of those proposed improvements, projects, and
2229	facilities.
2230	(d)  A finance plan based upon reasonable projections of
2231	anticipated revenues available to the department and units of
2232	local government, including both 10-year and 20-year cost-
2233	feasible components, for such improvements, projects, and
2234	facilities that demonstrates how or what portion of such
2235	improvements, projects, and facilities can be implemented, as it
2236	is the intent of the Legislature and the public policy of the
2237	state that such negative impacts of commuter rail programs, and
2238	intercity rail transportation system projects funded by the
2239	state, including those associated with the Orlando commuter
2240	railroad project, be eliminated not later than 8 years after
2241	commuter rail programs and intercity rail transportation system
2242	projects begin operation.
2243	(4)  The report containing the information required
2244	pursuant to subsections (1), (2), and (3) shall be delivered to
2245	the Governor, the President of the Senate, the Speaker of the
2246	House of Representatives, and the leaders of the minority
2247	parties of the Senate and House of Representatives on or before
2248	January 15, 2009.
2249	Section 38.  Part III of chapter 343, Florida Statutes,
2250	consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,
2251	343.76, and 343.77, is repealed.
2252	Section 39.  Subsection (4) of section 348.0003, Florida
2253	Statutes, is amended to read:
2254	348.0003  Expressway authority; formation; membership.--
2255	(4)(a)  An authority may employ an executive secretary, an
2256	executive director, its own counsel and legal staff, technical
2257	experts, and such engineers and employees, permanent or
2258	temporary, as it may require and shall determine the
2259	qualifications and fix the compensation of such persons, firms,
2260	or corporations. An authority may employ a fiscal agent or
2261	agents; however, the authority must solicit sealed proposals
2262	from at least three persons, firms, or corporations for the
2263	performance of any services as fiscal agents. An authority may
2264	delegate to one or more of its agents or employees such of its
2265	power as it deems necessary to carry out the purposes of the
2266	Florida Expressway Authority Act, subject always to the
2267	supervision and control of the authority. Members of an
2268	authority may be removed from office by the Governor for
2269	misconduct, malfeasance, misfeasance, or nonfeasance in office.
2270	(b)  Members of an authority are entitled to receive from
2271	the authority their travel and other necessary expenses incurred
2272	in connection with the business of the authority as provided in
2273	s. 112.061, but they may not draw salaries or other
2274	compensation.
2275	(c)  Members of each expressway an authority,
2276	transportation authority, bridge authority, or toll authority,
2277	created pursuant to this chapter, chapter 343, or chapter 349,
2278	or pursuant to any other legislative enactment, shall be
2279	required to comply with the applicable financial disclosure
2280	requirements of s. 8, Art. II of the State Constitution. This
2281	subsection does not subject a statutorily created expressway
2282	authority, transportation authority, bridge authority, or toll
2283	authority, other than one created under this part, to any of the
2284	requirements of this part other than those contained in this
2285	subsection.
2286	Section 40.  Paragraph (c) is added to subsection (1) of
2287	section 348.0004, Florida Statutes, to read:
2288	348.0004  Purposes and powers.--
2289	(1)
2290	(c)  Notwithstanding any other provision of law, expressway
2291	authorities created under parts I-X of chapter 348 may index
2292	toll rates on toll facilities to the annual Consumer Price Index
2293	or similar inflation indicators. Once a toll rate index has been
2294	implemented pursuant to this paragraph, the toll rate index
2295	shall remain in place and may not be revoked. Toll rate index
2296	for inflation under this subsection must be adopted and approved
2297	by the expressway authority board at a public meeting and may be
2298	made no more frequently than once a year and must be made no
2299	less frequently than once every 5 years as necessary to
2300	accommodate cash toll rate schedules. Toll rates may be
2301	increased beyond these limits as directed by bond documents,
2302	covenants, or governing body authorization or pursuant to
2303	department administrative rule.
2304	Section 41.  Subsection (1) of section 479.01, Florida
2305	Statutes, is amended to read:
2306	479.01  Definitions.--As used in this chapter, the term:
2307	(1)  "Automatic changeable facing" means a facing that
2308	which through a mechanical system is capable of delivering two
2309	or more advertising messages through an automated or remotely
2310	controlled process and shall not rotate so rapidly as to cause
2311	distraction to a motorist.
2312	Section 42.  Subsections (1), (5), and (9) of section
2313	479.07, Florida Statutes, are amended to read:
2314	479.07  Sign permits.--
2315	(1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
2316	person may not erect, operate, use, or maintain, or cause to be
2317	erected, operated, used, or maintained, any sign on the State
2318	Highway System outside an urban incorporated area, as defined in
2319	s. 334.03(32), or on any portion of the interstate or federal-
2320	aid primary highway system without first obtaining a permit for
2321	the sign from the department and paying the annual fee as
2322	provided in this section. For purposes of this section, "on any
2323	portion of the State Highway System, interstate, or federal-aid
2324	primary system" shall mean a sign located within the controlled
2325	area which is visible from any portion of the main-traveled way
2326	of such system.
2327	(5)(a)  For each permit issued, the department shall
2328	furnish to the applicant a serially numbered permanent metal
2329	permit tag. The permittee is responsible for maintaining a valid
2330	permit tag on each permitted sign facing at all times. The tag
2331	shall be securely attached to the sign facing or, if there is no
2332	facing, on the pole nearest the highway; and it shall be
2333	attached in such a manner as to be plainly visible from the
2334	main-traveled way. Effective July 1, 2011, the tag shall be
2335	securely attached to the upper 50 percent of the pole nearest
2336	the highway and shall be attached in such a manner as to be
2337	plainly visible from the main-traveled way. The permit will
2338	become void unless the permit tag is properly and permanently
2339	displayed at the permitted site within 30 days after the date of
2340	permit issuance. If the permittee fails to erect a completed
2341	sign on the permitted site within 270 days after the date on
2342	which the permit was issued, the permit will be void, and the
2343	department may not issue a new permit to that permittee for the
2344	same location for 270 days after the date on which the permit
2345	became void.
2346	(b)  If a permit tag is lost, stolen, or destroyed, the
2347	permittee to whom the tag was issued may must apply to the
2348	department for a replacement tag. The department shall establish
2349	by rule a service fee for replacement tags in an amount that
2350	will recover the actual cost of providing the replacement tag.
2351	Upon receipt of the application accompanied by the a service fee
2352	of $3, the department shall issue a replacement permit tag.
2353	Alternatively, the permittee may provide its own replacement tag
2354	pursuant to department specifications which the department shall
2355	establish by rule at the time it establishes the service fee for
2356	replacement tags.
2357	(9)(a)  A permit shall not be granted for any sign for
2358	which a permit had not been granted by the effective date of
2359	this act unless such sign is located at least:
2360	1.  One thousand five hundred feet from any other permitted
2361	sign on the same side of the highway, if on an interstate
2362	highway.
2363	2.  One thousand feet from any other permitted sign on the
2364	same side of the highway, if on a federal-aid primary highway.
2365
2366	The minimum spacing provided in this paragraph does not preclude
2367	the permitting of V-type, back-to-back, side-to-side, stacked,
2368	or double-faced signs at the permitted sign site. If a sign is
2369	visible from the controlled area of more than one highway
2370	subject to the jurisdiction of the department, the sign shall
2371	meet the permitting requirements of, and, if the sign meets the
2372	applicable permitting requirements, be permitted to, the highway
2373	with the more stringent permitting requirements.
2374	(b)  A permit shall not be granted for a sign pursuant to
2375	this chapter to locate such sign on any portion of the
2376	interstate or federal-aid primary highway system, which sign:
2377	1.  Exceeds 50 feet in sign structure height above the
2378	crown of the main-traveled way, if outside an incorporated area;
2379	2.  Exceeds 65 feet in sign structure height above the
2380	crown of the main-traveled way, if inside an incorporated area;
2381	or
2382	3.  Exceeds 950 square feet of sign facing including all
2383	embellishments.
2384	(c)  Notwithstanding subparagraph (a)1., there is
2385	established a pilot program in Orange, Hillsborough, and Osceola
2386	Counties, and within the boundaries of the City of Miami, under
2387	which the distance between permitted signs on the same side of
2388	an interstate highway may be reduced to 1,000 feet if all other
2389	requirements of this chapter are met and if:
2390	1.  The local government has adopted a plan, program,
2391	resolution, ordinance, or other policy encouraging the voluntary
2392	removal of signs in a downtown, historic, redevelopment, infill,
2393	or other designated area which also provides for a new or
2394	replacement sign to be erected on an interstate highway within
2395	that jurisdiction if a sign in the designated area is removed;
2396	2.  The sign owner and the local government mutually agree
2397	to the terms of the removal and replacement; and
2398	3.  The local government notifies the department of its
2399	intention to allow such removal and replacement as agreed upon
2400	pursuant to subparagraph 2.
2401
2402	The department shall maintain statistics tracking the use of the
2403	provisions of this pilot program based on the notifications
2404	received by the department from local governments under this
2405	paragraph.
2406	Section 43.  Section 479.08, Florida Statutes, is amended
2407	to read:
2408	479.08  Denial or revocation of permit.--The department has
2409	the authority to deny or revoke any permit requested or granted
2410	under this chapter in any case in which it determines that the
2411	application for the permit contains knowingly false or knowingly
2412	misleading information. The department has the authority to
2413	revoke any permit granted under this chapter in any case in
2414	which or that the permittee has violated any of the provisions
2415	of this chapter, unless such permittee, within 30 days after the
2416	receipt of notice by the department, corrects such false or
2417	misleading information and complies with the provisions of this
2418	chapter. For the purpose of this section, the notice of
2419	violation issued by the department shall describe in detail the
2420	alleged violation. Any person aggrieved by any action of the
2421	department in denying or revoking a permit under this chapter
2422	may, within 30 days after receipt of the notice, apply to the
2423	department for an administrative hearing pursuant to chapter
2424	120. If a timely request for hearing has been filed and the
2425	department issues a final order revoking a permit, such
2426	revocation shall be effective 30 days after the date of
2427	rendition. Except for department action pursuant to s.
2428	479.107(1), the filing of a timely and proper notice of appeal
2429	shall operate to stay the revocation until the department's
2430	action is upheld.
2431	Section 45.  Subsections (1), (3), (4), and (5) of section
2432	479.261, Florida Statutes, are amended to read:
2433	479.261  Logo sign program.--
2434	(1)  The department shall establish a logo sign program for
2435	the rights-of-way of the interstate highway system to provide
2436	information to motorists about available gas, food, lodging, and
2437	camping, attractions, and other services, as approved by the
2438	Federal Highway Administration, at interchanges, through the use
2439	of business logos, and may include additional interchanges under
2440	the program. A logo sign for nearby attractions may be added to
2441	this program if allowed by federal rules.
2442	(a)  An attraction as used in this chapter is defined as an
2443	establishment, site, facility, or landmark that which is open a
2444	minimum of 5 days a week for 52 weeks a year; that which charges
2445	an admission for entry; which has as its principal focus family-
2446	oriented entertainment, cultural, educational, recreational,
2447	scientific, or historical activities; and that which is publicly
2448	recognized as a bona fide tourist attraction. However, the
2449	permits for businesses seeking to participate in the attractions
2450	logo sign program shall be awarded by the department annually to
2451	the highest bidders, notwithstanding the limitation on fees in
2452	subsection (5), which are qualified for available space at each
2453	qualified location, but the fees therefor may not be less than
2454	the fees established for logo participants in other logo
2455	categories.
2456	(b)  The department shall incorporate the use of RV-
2457	friendly markers on specific information logo signs for
2458	establishments that cater to the needs of persons driving
2459	recreational vehicles. Establishments that qualify for
2460	participation in the specific information logo program and that
2461	also qualify as "RV-friendly" may request the RV-friendly marker
2462	on their specific information logo sign. An RV-friendly marker
2463	must consist of a design approved by the Federal Highway
2464	Administration. The department shall adopt rules in accordance
2465	with chapter 120 to administer this paragraph, including rules
2466	setting forth the minimum requirements that establishments must
2467	meet in order to qualify as RV-friendly. These requirements
2468	shall include large parking spaces, entrances, and exits that
2469	can easily accommodate recreational vehicles and facilities
2470	having appropriate overhead clearances, if applicable.
2471	(c)  The department may implement a 3-year rotation-based
2472	logo program providing for the removal and addition of
2473	participating businesses in the program.
2474	(3)  Logo signs may be installed upon the issuance of an
2475	annual permit by the department or its agent and payment of a an
2476	application and permit fee to the department or its agent.
2477	(4)  The department may contract pursuant to s. 287.057 for
2478	the provision of services related to the logo sign program,
2479	including recruitment and qualification of businesses, review of
2480	applications, permit issuance, and fabrication, installation,
2481	and maintenance of logo signs. The department may reject all
2482	proposals and seek another request for proposals or otherwise
2483	perform the work. If the department contracts for the provision
2484	of services for the logo sign program, the contract must
2485	require, unless the business owner declines, that businesses
2486	that previously entered into agreements with the department to
2487	privately fund logo sign construction and installation be
2488	reimbursed by the contractor for the cost of the signs which has
2489	not been recovered through a previously agreed upon waiver of
2490	fees. The contract also may allow the contractor to retain a
2491	portion of the annual fees as compensation for its services.
2492	(5)  Permit fees for businesses that participate in the
2493	program must be established in an amount sufficient to offset
2494	the total cost to the department for the program, including
2495	contract costs. The department shall provide the services in the
2496	most efficient and cost-effective manner through department
2497	staff or by contracting for some or all of the services. The
2498	department shall adopt rules that set reasonable rates based
2499	upon factors such as population, traffic volume, market demand,
2500	and costs for annual permit fees. However, annual permit fees
2501	for sign locations inside an urban area, as defined in s.
2502	334.03(32), may not exceed $5,000 and annual permit fees for
2503	sign locations outside an urban area, as defined in s.
2504	334.03(32), may not exceed $2,500. After recovering program
2505	costs, the proceeds from the logo program shall be deposited
2506	into the State Transportation Trust Fund and used for
2507	transportation purposes. Such annual permit fee shall not exceed
2508	$1,250.
2509	Section 47.  Business partnerships; display of names.--
2510	(1)  School districts are encouraged to partner with local
2511	businesses for the purposes of mentorship opportunities,
2512	development of employment options and additional funding
2513	sources, and other mutual benefits.
2514	(2)  As a pilot program through June 30, 2011, the Palm
2515	Beach County School District may publicly display the names and
2516	recognitions of their business partners on school district
2517	property in unincorporated areas. Examples of appropriate
2518	business partner recognition include "Project Graduation" and
2519	athletic sponsorships. The district shall make every effort to
2520	display business partner names in a manner that is consistent
2521	with the county standards for uniformity in size, color, and
2522	placement of the signs. Whenever the provisions of this section
2523	are inconsistent with the provisions of the county ordinances or
2524	regulations relating to signs or the provisions of chapter 125,
2525	chapter 166, or chapter 479, Florida Statutes, in the
2526	unincorporated areas, the provisions of this section shall
2527	prevail.
2528	Section 48.  Paragraph (d) of subsection (10) of section
2529	768.28, Florida Statutes, is amended to read:
2530	768.28  Waiver of sovereign immunity in tort actions;
2531	recovery limits; limitation on attorney fees; statute of
2532	limitations; exclusions; indemnification; risk management
2533	programs.--
2534	(10)
2535	(d)1.  For the purposes of this section, operators,
2536	dispatchers, and providers of security for rail services and
2537	rail facility maintenance providers in any rail corridor owned
2538	by the Department of Transportation the South Florida Rail
2539	Corridor, or any of their employees or agents, performing such
2540	services under contract with and on behalf of the South Florida
2541	Regional Transportation Authority or the Department of
2542	Transportation, or a governmental entity that is under contract
2543	with the Department of Transportation to perform such services
2544	or a governmental entity designated by the Department of
2545	Transportation, shall be considered agents of the state while
2546	acting within the scope of and pursuant to guidelines
2547	established in said contract or by rule. This subsection shall
2548	not be construed as designating persons providing contracted
2549	operator, dispatcher, security services, rail facility
2550	maintenance, or other services as employees or agents of the
2551	state for the purposes of the Federal Employers Liability Act,
2552	the Federal Railway Labor Act, or chapter 440.
2553	2.  The Department of Transportation shall ensure that
2554	operators, dispatchers, and providers of security for rail
2555	services and rail facility maintenance providers in any rail
2556	corridor owned by the Department of Transportation meet
2557	requirements, as applicable to the service provided,
2558	demonstrating that, at a minimum, the provider:
2559	a.  Has complete knowledge of railroad specific dispatch
2560	operating rules, physical characteristics of the rail line for
2561	which the provider is responsible, and overall railroad
2562	operations including responsibilities of various departments
2563	within the railroad organization.
2564	b.  Has complete knowledge of railroad track maintenance
2565	standards and the Federal Railroad Administration Track Safety
2566	Standards, 49 C.F.R. part 213, and the Railroad Worker
2567	Protection, 49 C.F.R. part 214.
2568	c.  Meets the requirements of 49 C.F.R. s. 213.7,
2569	specifying the minimum qualifications and abilities for those
2570	persons to supervise the restoration and renewal of railroad
2571	track and for those persons to inspect such track for compliance
2572	with railroad specific maintenance standards and Federal
2573	Railroad Administration track safety standards.
2574	d.  Has complete knowledge of railroad signal maintenance
2575	standards and Federal Railroad Administration Grade Crossing
2576	Signal System Safety Standards, 49 C.F.R. part 234, and the
2577	Railroad Worker Protection, 49 C.F.R. part 214.
2578	e.  Has the ability to read and understand highly complex
2579	wiring diagrams and technical instruction manuals relating to
2580	railroad signals.
2581	f.  Understands rail corridor operating and safety rules.
2582	g.  Has the ability to develop and comply with Federal
2583	Transit Administration Management plans.
2584	h.  Has the ability to develop and comply with Federal
2585	Railroad Administration Safety and Security Program plans.
2586	Section 49.  The Department of Transportation, in
2587	consultation with the Department of Law Enforcement, the
2588	Division of Emergency Management of the Department of Community
2589	Affairs, and the Office of Tourism, Trade, and Economic
2590	Development, and metropolitan planning organizations and
2591	regional planning councils within whose jurisdictional area the
2592	I-95 corridor lies, shall complete a study of transportation
2593	alternatives for the travel corridor parallel to Interstate 95
2594	which takes into account the transportation, emergency
2595	management, homeland security, and economic development needs of
2596	the state. The report must include identification of cost-
2597	effective measures that may be implemented to alleviate
2598	congestion on Interstate 95, facilitate emergency and security
2599	responses, and foster economic development. The Department of
2600	Transportation shall send the report to the Governor, the
2601	President of the Senate, the Speaker of the House of
2602	Representatives, and each affected metropolitan planning
2603	organization by June 30, 2009.
2604	Section 50.  Notwithstanding any provision of chapter 74-
2605	400, Laws of Florida, public funds may be used for the
2606	alteration of Old Cutler Road, between Southwest 136th Street
2607	and Southwest 184th Street, in the Village of Palmetto Bay.
2608	(1)  The alteration may include the installation of
2609	sidewalks, curbing, and landscaping to enhance pedestrian access
2610	to the road.
2611	(2)  The official approval of the project by the Department
2612	of State must be obtained before any alteration is started.
2613	Section 51.  For the purpose of incorporating the amendment
2614	made by this act to section 316.193, Florida Statutes, in a
2615	reference thereto, paragraph (a) of subsection (3) of section
2616	316.066, Florida Statutes, is reenacted to read:
2617	316.066  Written reports of crashes.--
2618	(3)(a)  Every law enforcement officer who in the regular
2619	course of duty investigates a motor vehicle crash:
2620	1.  Which crash resulted in death or personal injury shall,
2621	within 10 days after completing the investigation, forward a
2622	written report of the crash to the department or traffic records
2623	center.
2624	2.  Which crash involved a violation of s. 316.061(1) or s.
2625	316.193 shall, within 10 days after completing the
2626	investigation, forward a written report of the crash to the
2627	department or traffic records center.
2628	3.  In which crash a vehicle was rendered inoperative to a
2629	degree which required a wrecker to remove it from traffic may,
2630	within 10 days after completing the investigation, forward a
2631	written report of the crash to the department or traffic records
2632	center if such action is appropriate, in the officer's
2633	discretion.
2634	Section 52.  For the purpose of incorporating the amendment
2635	made by this act to section 316.193, Florida Statutes, in a
2636	reference thereto, paragraph (b) of subsection (4) of section
2637	316.072, Florida Statutes, is reenacted to read:
2638	316.072  Obedience to and effect of traffic laws.--
2639	(4)  PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;
2640	EXCEPTIONS.--
2641	(b)  Unless specifically made applicable, the provisions of
2642	this chapter, except those contained in ss. 316.192, 316.1925,
2643	and 316.193, shall not apply to persons, teams, or motor
2644	vehicles and other equipment while actually engaged in work upon
2645	the surface of a highway, but shall apply to such persons and
2646	vehicles when traveling to or from such work.
2647	Section 53.  For the purpose of incorporating the amendment
2648	made by this act to section 316.193, Florida Statutes, in a
2649	reference thereto, subsection (3) of section 316.1932, Florida
2650	Statutes, is reenacted to read:
2651	316.1932  Tests for alcohol, chemical substances, or
2652	controlled substances; implied consent; refusal.--
2653	(3)  Notwithstanding any provision of law pertaining to the
2654	confidentiality of hospital records or other medical records,
2655	information relating to the alcoholic content of the blood or
2656	breath or the presence of chemical substances or controlled
2657	substances in the blood obtained pursuant to this section shall
2658	be released to a court, prosecuting attorney, defense attorney,
2659	or law enforcement officer in connection with an alleged
2660	violation of s. 316.193 upon request for such information.
2661	Section 54.  For the purpose of incorporating the amendment
2662	made by this act to section 316.193, Florida Statutes, in a
2663	reference thereto, subsection (4) of section 316.1933, Florida
2664	Statutes, is reenacted to read:
2665	316.1933  Blood test for impairment or intoxication in
2666	cases of death or serious bodily injury; right to use reasonable
2667	force.--
2668	(4)  Notwithstanding any provision of law pertaining to the
2669	confidentiality of hospital records or other medical records,
2670	information relating to the alcoholic content of the blood or
2671	the presence of chemical substances or controlled substances in
2672	the blood obtained pursuant to this section shall be released to
2673	a court, prosecuting attorney, defense attorney, or law
2674	enforcement officer in connection with an alleged violation of
2675	s. 316.193 upon request for such information.
2676	Section 55.  For the purpose of incorporating the amendment
2677	made by this act to section 316.193, Florida Statutes, in
2678	references thereto, subsection (1) and paragraph (d) of
2679	subsection (2) of section 316.1937, Florida Statutes, are
2680	reenacted to read:
2681	316.1937  Ignition interlock devices, requiring; unlawful
2682	acts.--
2683	(1)  In addition to any other authorized penalties, the
2684	court may require that any person who is convicted of driving
2685	under the influence in violation of s. 316.193 shall not operate
2686	a motor vehicle unless that vehicle is equipped with a
2687	functioning ignition interlock device certified by the
2688	department as provided in s. 316.1938, and installed in such a
2689	manner that the vehicle will not start if the operator's blood
2690	alcohol level is in excess of 0.05 percent or as otherwise
2691	specified by the court. The court may require the use of an
2692	approved ignition interlock device for a period of not less than
2693	6 months, if the person is permitted to operate a motor vehicle,
2694	whether or not the privilege to operate a motor vehicle is
2695	restricted, as determined by the court. The court, however,
2696	shall order placement of an ignition interlock device in those
2697	circumstances required by s. 316.193.
2698	(2)  If the court imposes the use of an ignition interlock
2699	device, the court shall:
2700	(d)  Determine the person's ability to pay for installation
2701	of the device if the person claims inability to pay. If the
2702	court determines that the person is unable to pay for
2703	installation of the device, the court may order that any portion
2704	of a fine paid by the person for a violation of s. 316.193 shall
2705	be allocated to defray the costs of installing the device.
2706	Section 56.  For the purpose of incorporating the amendment
2707	made by this act to section 316.193, Florida Statutes, in a
2708	reference thereto, paragraph (b) of subsection (1) of section
2709	316.1939, Florida Statutes, is reenacted to read:
2710	316.1939  Refusal to submit to testing; penalties.--
2711	(1)  Any person who has refused to submit to a chemical or
2712	physical test of his or her breath, blood, or urine, as
2713	described in s. 316.1932, and whose driving privilege was
2714	previously suspended for a prior refusal to submit to a lawful
2715	test of his or her breath, urine, or blood, and:
2716	(b)  Who was placed under lawful arrest for a violation of
2717	s. 316.193 unless such test was requested pursuant to s.
2718	316.1932(1)(c);
2719
2720	commits a misdemeanor of the first degree and is subject to
2721	punishment as provided in s. 775.082 or s. 775.083.
2722	Section 57.  For the purpose of incorporating the amendment
2723	made by this act to section 316.193, Florida Statutes, in a
2724	reference thereto, subsection (1) of section 316.656, Florida
2725	Statutes, is reenacted to read:
2726	316.656  Mandatory adjudication; prohibition against
2727	accepting plea to lesser included offense.--
2728	(1)  Notwithstanding the provisions of s. 948.01, no court
2729	may suspend, defer, or withhold adjudication of guilt or
2730	imposition of sentence for any violation of s. 316.193, for
2731	manslaughter resulting from the operation of a motor vehicle, or
2732	for vehicular homicide.
2733	Section 58.  For the purpose of incorporating the amendment
2734	made by this act to section 316.193, Florida Statutes, in
2735	references thereto, subsections (4) and (5) of section 318.143,
2736	Florida Statutes, are reenacted to read:
2737	318.143  Sanctions for infractions by minors.--
2738	(4)  For the first conviction for a violation of s.
2739	316.193, the court may order the Department of Highway Safety
2740	and Motor Vehicles to revoke the minor's driver's license until
2741	the minor is 18 years of age. For a second or subsequent
2742	conviction for such a violation, the court may order the
2743	Department of Highway Safety and Motor Vehicles to revoke the
2744	minor's driver's license until the minor is 21 years of age.
2745	(5)  A minor who is arrested for a violation of s. 316.193
2746	may be released from custody as soon as:
2747	(a)  The minor is no longer under the influence of
2748	alcoholic beverages, of any chemical substance set forth in s.
2749	877.111, or of any substance controlled under chapter 893, and
2750	is not affected to the extent that his or her normal faculties
2751	are impaired;
2752	(b)  The minor's blood-alcohol level is less than 0.05
2753	percent; or
2754	(c)  Six hours have elapsed after the minor's arrest.
2755	Section 59.  For the purpose of incorporating the amendment
2756	made by this act to section 316.193, Florida Statutes, in a
2757	reference thereto, subsection (3) of section 318.17, Florida
2758	Statutes, is reenacted to read:
2759	318.17  Offenses excepted.--No provision of this chapter is
2760	available to a person who is charged with any of the following
2761	offenses:
2762	(3)  Driving, or being in actual physical control of, any
2763	vehicle while under the influence of alcoholic beverages, any
2764	chemical substance set forth in s. 877.111, or any substance
2765	controlled under chapter 893, in violation of s. 316.193, or
2766	driving with an unlawful blood-alcohol level;
2767	Section 60.  For the purpose of incorporating the amendment
2768	made by this act to section 316.193, Florida Statutes, in a
2769	reference thereto, paragraph (c) of subsection (1) of section
2770	320.055, Florida Statutes, is reenacted to read:
2771	320.055  Registration periods; renewal periods.--The
2772	following registration periods and renewal periods are
2773	established:
2774	(1)
2775	(c)  Notwithstanding the requirements of paragraph (a), the
2776	owner of a motor vehicle subject to paragraph (a) who has had
2777	his or her driver's license suspended pursuant to a violation of
2778	s. 316.193 or pursuant to s. 322.26(2) for driving under the
2779	influence must obtain a 6-month registration as a condition of
2780	reinstating the license, subject to renewal during the 3-year
2781	period that financial responsibility requirements apply. The
2782	registration period begins the first day of the birth month of
2783	the owner and ends the last day of the fifth month immediately
2784	following the owner's birth month. For such vehicles, the
2785	department shall issue a vehicle registration certificate that
2786	is valid for 6 months and shall issue a validation sticker that
2787	displays an expiration date of 6 months after the date of
2788	issuance. The license tax required by s. 320.08 and all other
2789	applicable license taxes shall be one-half of the amount
2790	otherwise required, except the service charge required by s.
2791	320.04 shall be paid in full for each 6-month registration. A
2792	vehicle required to be registered under this paragraph is not
2793	eligible for the extended registration period under paragraph
2794	(b).
2795	Section 61.  For the purpose of incorporating the amendment
2796	made by this act to section 316.193, Florida Statutes, in a
2797	reference thereto, subsection (2) of section 322.03, Florida
2798	Statutes, is reenacted to read:
2799	322.03  Drivers must be licensed; penalties.--
2800	(2)  Prior to issuing a driver's license, the department
2801	shall require any person who has been convicted two or more
2802	times of a violation of s. 316.193 or of a substantially similar
2803	alcohol-related or drug-related offense outside this state
2804	within the preceding 5 years, or who has been convicted of three
2805	or more such offenses within the preceding 10 years, to present
2806	proof of successful completion of or enrollment in a department-
2807	approved substance abuse education course. If the person fails
2808	to complete such education course within 90 days after issuance,
2809	the department shall cancel the license. Further, prior to
2810	issuing the driver's license the department shall require such
2811	person to present proof of financial responsibility as provided
2812	in s. 324.031. For the purposes of this paragraph, a previous
2813	conviction for violation of former s. 316.028, former s.
2814	316.1931, or former s. 860.01 shall be considered a previous
2815	conviction for violation of s. 316.193.
2816	Section 62.  For the purpose of incorporating the amendment
2817	made by this act to section 316.193, Florida Statutes, in a
2818	reference thereto, paragraph (a) of subsection (2) of section
2819	322.0602, Florida Statutes, is reenacted to read:
2820	322.0602  Youthful Drunk Driver Visitation Program.--
2821	(2)  COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE FOR
2822	PARTICIPATION.--
2823	(a)  If a person is convicted of a violation of s. 316.193,
2824	the court may order, as a term and condition of probation in
2825	addition to any other term or condition required or authorized
2826	by law, that the probationer participate in the Youthful Drunk
2827	Driver Visitation Program.
2828	Section 63.  For the purpose of incorporating the amendment
2829	made by this act to section 316.193, Florida Statutes, in a
2830	reference thereto, subsection (8) of section 322.21, Florida
2831	Statutes, is reenacted to read:
2832	322.21  License fees; procedure for handling and collecting
2833	fees.--
2834	(8)  Any person who applies for reinstatement following the
2835	suspension or revocation of the person's driver's license shall
2836	pay a service fee of $35 following a suspension, and $60
2837	following a revocation, which is in addition to the fee for a
2838	license. Any person who applies for reinstatement of a
2839	commercial driver's license following the disqualification of
2840	the person's privilege to operate a commercial motor vehicle
2841	shall pay a service fee of $60, which is in addition to the fee
2842	for a license. The department shall collect all of these fees at
2843	the time of reinstatement. The department shall issue proper
2844	receipts for such fees and shall promptly transmit all funds
2845	received by it as follows:
2846	(a)  Of the $35 fee received from a licensee for
2847	reinstatement following a suspension, the department shall
2848	deposit $15 in the General Revenue Fund and $20 in the Highway
2849	Safety Operating Trust Fund.
2850	(b)  Of the $60 fee received from a licensee for
2851	reinstatement following a revocation or disqualification, the
2852	department shall deposit $35 in the General Revenue Fund and $25
2853	in the Highway Safety Operating Trust Fund.
2854
2855	If the revocation or suspension of the driver's license was for
2856	a violation of s. 316.193, or for refusal to submit to a lawful
2857	breath, blood, or urine test, an additional fee of $115 must be
2858	charged. However, only one $115 fee may be collected from one
2859	person convicted of violations arising out of the same incident.
2860	The department shall collect the $115 fee and deposit the fee
2861	into the Highway Safety Operating Trust Fund at the time of
2862	reinstatement of the person's driver's license, but the fee may
2863	not be collected if the suspension or revocation is overturned.
2864	If the revocation or suspension of the driver's license was for
2865	a conviction for a violation of s. 817.234(8) or (9) or s.
2866	817.505, an additional fee of $180 is imposed for each offense.
2867	The department shall collect and deposit the additional fee into
2868	the Highway Safety Operating Trust Fund at the time of
2869	reinstatement of the person's driver's license.
2870	Section 64.  For the purpose of incorporating the amendment
2871	made by this act to section 316.193, Florida Statutes, in a
2872	reference thereto, subsection (5) of section 322.25, Florida
2873	Statutes, is reenacted to read:
2874	322.25  When court to forward license to department and
2875	report convictions; temporary reinstatement of driving
2876	privileges.--
2877	(5)  For the purpose of this chapter, the entrance of a
2878	plea of nolo contendere by the defendant to a charge of driving
2879	while intoxicated, driving under the influence, driving with an
2880	unlawful blood-alcohol level, or any other alcohol-related or
2881	drug-related traffic offense similar to the offenses specified
2882	in s. 316.193, accepted by the court and under which plea the
2883	court has entered a fine or sentence, whether in this state or
2884	any other state or country, shall be equivalent to a conviction.
2885	Section 65.  For the purpose of incorporating the amendment
2886	made by this act to section 316.193, Florida Statutes, in a
2887	reference thereto, paragraph (a) of subsection (1) of section
2888	322.26, Florida Statutes, is reenacted to read:
2889	322.26  Mandatory revocation of license by department.--The
2890	department shall forthwith revoke the license or driving
2891	privilege of any person upon receiving a record of such person's
2892	conviction of any of the following offenses:
2893	(1)(a)  Murder resulting from the operation of a motor
2894	vehicle, DUI manslaughter where the conviction represents a
2895	subsequent DUI-related conviction, or a fourth violation of s.
2896	316.193 or former s. 316.1931. For such cases, the revocation of
2897	the driver's license or driving privilege shall be permanent.
2898	Section 66.  For the purpose of incorporating the amendment
2899	made by this act to section 316.193, Florida Statutes, in
2900	references thereto, paragraph (a) of subsection (14) and
2901	subsection (16) of section 322.2615, Florida Statutes, are
2902	reenacted to read:
2903	322.2615  Suspension of license; right to review.--
2904	(14)(a)  The decision of the department under this section
2905	or any circuit court review thereof may not be considered in any
2906	trial for a violation of s. 316.193, and a written statement
2907	submitted by a person in his or her request for departmental
2908	review under this section may not be admitted into evidence
2909	against him or her in any such trial.
2910	(16)  The department shall invalidate a suspension for
2911	driving with an unlawful blood-alcohol level or breath-alcohol
2912	level imposed under this section if the suspended person is
2913	found not guilty at trial of an underlying violation of s.
2914	316.193.
2915	Section 67.  For the purpose of incorporating the amendment
2916	made by this act to section 316.193, Florida Statutes, in
2917	references thereto, subsections (15) and (19) of section
2918	322.2616, Florida Statutes, are reenacted to read:
2919	322.2616  Suspension of license; persons under 21 years of
2920	age; right to review.--
2921	(15)  The decision of the department under this section
2922	shall not be considered in any trial for a violation of s.
2923	316.193, nor shall any written statement submitted by a person
2924	in his or her request for departmental review under this section
2925	be admissible into evidence against him or her in any such
2926	trial. The disposition of any related criminal proceedings shall
2927	not affect a suspension imposed under this section.
2928	(19)  A violation of this section is neither a traffic
2929	infraction nor a criminal offense, nor does being detained
2930	pursuant to this section constitute an arrest. A violation of
2931	this section is subject to the administrative action provisions
2932	of this section, which are administered by the department
2933	through its administrative processes. Administrative actions
2934	taken pursuant to this section shall be recorded in the motor
2935	vehicle records maintained by the department. This section does
2936	not bar prosecution under s. 316.193. However, if the department
2937	suspends a person's license under s. 322.2615 for a violation of
2938	s. 316.193, it may not also suspend the person's license under
2939	this section for the same episode that was the basis for the
2940	suspension under s. 322.2615.
2941	Section 68.  For the purpose of incorporating the amendment
2942	made by this act to section 316.193, Florida Statutes, in a
2943	reference thereto, paragraph (b) of subsection (1) of section
2944	322.264, Florida Statutes, is reenacted to read:
2945	322.264  "Habitual traffic offender" defined.--A "habitual
2946	traffic offender" is any person whose record, as maintained by
2947	the Department of Highway Safety and Motor Vehicles, shows that
2948	such person has accumulated the specified number of convictions
2949	for offenses described in subsection (1) or subsection (2)
2950	within a 5-year period:
2951	(1)  Three or more convictions of any one or more of the
2952	following offenses arising out of separate acts:
2953	(b)  Any violation of s. 316.193, former s. 316.1931, or
2954	former s. 860.01;
2955
2956	Any violation of any federal law, any law of another state or
2957	country, or any valid ordinance of a municipality or county of
2958	another state similar to a statutory prohibition specified in
2959	subsection (1) or subsection (2) shall be counted as a violation
2960	of such prohibition. In computing the number of convictions, all
2961	convictions during the 5 years previous to July 1, 1972, will be
2962	used, provided at least one conviction occurs after that date.
2963	The fact that previous convictions may have resulted in
2964	suspension, revocation, or disqualification under another
2965	section does not exempt them from being used for suspension or
2966	revocation under this section as a habitual offender.
2967	Section 69.  For the purpose of incorporating the amendment
2968	made by this act to section 316.193, Florida Statutes, in
2969	references thereto, paragraphs (a) and (c) of subsection (2) and
2970	subsection (4) of section 322.271, Florida Statutes, are
2971	reenacted to read:
2972	322.271  Authority to modify revocation, cancellation, or
2973	suspension order.--
2974	(2)(a)  Upon such hearing, the person whose license has
2975	been suspended, canceled, or revoked may show that such
2976	suspension, cancellation, or revocation of his or her license
2977	causes a serious hardship and precludes the person's carrying
2978	out his or her normal business occupation, trade, or employment
2979	and that the use of the person's license in the normal course of
2980	his or her business is necessary to the proper support of the
2981	person or his or her family. Except as otherwise provided in
2982	this subsection, the department shall require proof of the
2983	successful completion of the applicable department-approved
2984	driver training course operating pursuant to s. 318.1451 or DUI
2985	program substance abuse education course and evaluation as
2986	provided in s. 316.193(5). Letters of recommendation from
2987	respected business persons in the community, law enforcement
2988	officers, or judicial officers may also be required to determine
2989	whether such person should be permitted to operate a motor
2990	vehicle on a restricted basis for business or employment use
2991	only and in determining whether such person can be trusted to so
2992	operate a motor vehicle. If a driver's license has been
2993	suspended under the point system or pursuant to s. 322.2615, the
2994	department shall require proof of enrollment in the applicable
2995	department-approved driver training course or licensed DUI
2996	program substance abuse education course, including evaluation
2997	and treatment, if referred, and may require letters of
2998	recommendation described in this subsection to determine if the
2999	driver should be reinstated on a restricted basis. If such
3000	person fails to complete the approved course within 90 days
3001	after reinstatement or subsequently fails to complete treatment,
3002	if applicable, the department shall cancel his or her driver's
3003	license until the course and treatment, if applicable, is
3004	successfully completed, notwithstanding the terms of the court
3005	order or any suspension or revocation of the driving privilege.
3006	The department may temporarily reinstate the driving privilege
3007	on a restricted basis upon verification from the DUI program
3008	that the offender has reentered and is currently participating
3009	in treatment and has completed the DUI education course and
3010	evaluation requirement. If the DUI program notifies the
3011	department of the second failure to complete treatment, the
3012	department shall reinstate the driving privilege only after
3013	notice of completion of treatment from the DUI program. The
3014	privilege of driving on a limited or restricted basis for
3015	business or employment use shall not be granted to a person who
3016	has been convicted of a violation of s. 316.193 until completion
3017	of the DUI program substance abuse education course and
3018	evaluations as provided in s. 316.193(5). Except as provided in
3019	paragraph (b), the privilege of driving on a limited or
3020	restricted basis for business or employment use shall not be
3021	granted to a person whose license is revoked pursuant to s.
3022	322.28 or suspended pursuant to s. 322.2615 and who has been
3023	convicted of a violation of s. 316.193 two or more times or
3024	whose license has been suspended two or more times for refusal
3025	to submit to a test pursuant to s. 322.2615 or former s.
3026	322.261.
3027	(c)  For the purpose of this section, a previous conviction
3028	of driving under the influence, driving while intoxicated,
3029	driving with an unlawful blood-alcohol level, or any other
3030	similar alcohol-related or drug-related offense outside this
3031	state or a previous conviction of former s. 316.1931, former s.
3032	316.028, or former s. 860.01 shall be considered a previous
3033	conviction for violation of s. 316.193.
3034	(4)  Notwithstanding the provisions of s. 322.28(2)(e), a
3035	person whose driving privilege has been permanently revoked
3036	because he or she has been convicted of DUI manslaughter in
3037	violation of s. 316.193 and has no prior convictions for DUI-
3038	related offenses may, upon the expiration of 5 years after the
3039	date of such revocation or the expiration of 5 years after the
3040	termination of any term of incarceration under s. 316.193 or
3041	former s. 316.1931, whichever date is later, petition the
3042	department for reinstatement of his or her driving privilege.
3043	(a)  Within 30 days after the receipt of such a petition,
3044	the department shall afford the petitioner an opportunity for a
3045	hearing. At the hearing, the petitioner must demonstrate to the
3046	department that he or she:
3047	1.  Has not been arrested for a drug-related offense during
3048	the 5 years preceding the filing of the petition;
3049	2.  Has not driven a motor vehicle without a license for at
3050	least 5 years prior to the hearing;
3051	3.  Has been drug-free for at least 5 years prior to the
3052	hearing; and
3053	4.  Has completed a DUI program licensed by the department.
3054	(b)  At such hearing, the department shall determine the
3055	petitioner's qualification, fitness, and need to drive. Upon
3056	such determination, the department may, in its discretion,
3057	reinstate the driver's license of the petitioner. Such
3058	reinstatement must be made subject to the following
3059	qualifications:
3060	1.  The license must be restricted for employment purposes
3061	for not less than 1 year; and
3062	2.  Such person must be supervised by a DUI program
3063	licensed by the department and report to the program for such
3064	supervision and education at least four times a year or
3065	additionally as required by the program for the remainder of the
3066	revocation period. Such supervision shall include evaluation,
3067	education, referral into treatment, and other activities
3068	required by the department.
3069	(c)  Such person must assume the reasonable costs of
3070	supervision. If such person fails to comply with the required
3071	supervision, the program shall report the failure to the
3072	department, and the department shall cancel such person's
3073	driving privilege.
3074	(d)  If, after reinstatement, such person is convicted of
3075	an offense for which mandatory revocation of his or her license
3076	is required, the department shall revoke his or her driving
3077	privilege.
3078	(e)  The department shall adopt rules regulating the
3079	providing of services by DUI programs pursuant to this section.
3080	Section 70.  For the purpose of incorporating the amendment
3081	made by this act to section 316.193, Florida Statutes, in
3082	references thereto, subsection (2), paragraphs (a) and (c) of
3083	subsection (3), and subsection (4) of section 322.2715, Florida
3084	Statutes, are reenacted to read:
3085	322.2715  Ignition interlock device.--
3086	(2)  For purposes of this section, any conviction for a
3087	violation of s. 316.193, a previous conviction for a violation
3088	of former s. 316.1931, or a conviction outside this state for
3089	driving under the influence, driving while intoxicated, driving
3090	with an unlawful blood-alcohol level, or any other similar
3091	alcohol-related or drug-related traffic offense is a conviction
3092	of driving under the influence.
3093	(3)  If the person is convicted of:
3094	(a)  A first offense of driving under the influence under
3095	s. 316.193 and has an unlawful blood-alcohol level or breath-
3096	alcohol level as specified in s. 316.193(4), or if a person is
3097	convicted of a violation of s. 316.193 and was at the time of
3098	the offense accompanied in the vehicle by a person younger than
3099	18 years of age, the person shall have the ignition interlock
3100	device installed for 6 months for the first offense and for at
3101	least 2 years for a second offense.
3102	(c)  A third offense of driving under the influence which
3103	occurs within 10 years after a prior conviction for a violation
3104	of s. 316.193, the ignition interlock device shall be installed
3105	for a period of not less than 2 years.
3106	(4)  If the court fails to order the mandatory placement of
3107	the ignition interlock device or fails to order for the
3108	applicable period the mandatory placement of an ignition
3109	interlock device under s. 316.193 or s. 316.1937 at the time of
3110	imposing sentence or within 30 days thereafter, the department
3111	shall immediately require that the ignition interlock device be
3112	installed as provided in this section, except that consideration
3113	may be given to those individuals having a documented medical
3114	condition that would prohibit the device from functioning
3115	normally. This subsection applies to the reinstatement of the
3116	driving privilege following a revocation, suspension, or
3117	cancellation that is based upon a conviction for the offense of
3118	driving under the influence which occurs on or after July 1,
3119	2005.
3120	Section 71.  For the purpose of incorporating the amendment
3121	made by this act to section 316.193, Florida Statutes, in a
3122	reference thereto, subsection (2) of section 322.28, Florida
3123	Statutes, is reenacted to read:
3124	322.28  Period of suspension or revocation.--
3125	(2)  In a prosecution for a violation of s. 316.193 or
3126	former s. 316.1931, the following provisions apply:
3127	(a)  Upon conviction of the driver, the court, along with
3128	imposing sentence, shall revoke the driver's license or driving
3129	privilege of the person so convicted, effective on the date of
3130	conviction, and shall prescribe the period of such revocation in
3131	accordance with the following provisions:
3132	1.  Upon a first conviction for a violation of the
3133	provisions of s. 316.193, except a violation resulting in death,
3134	the driver's license or driving privilege shall be revoked for
3135	not less than 180 days or more than 1 year.
3136	2.  Upon a second conviction for an offense that occurs
3137	within a period of 5 years after the date of a prior conviction
3138	for a violation of the provisions of s. 316.193 or former s.
3139	316.1931 or a combination of such sections, the driver's license
3140	or driving privilege shall be revoked for not less than 5 years.
3141	3.  Upon a third conviction for an offense that occurs
3142	within a period of 10 years after the date of a prior conviction
3143	for the violation of the provisions of s. 316.193 or former s.
3144	316.1931 or a combination of such sections, the driver's license
3145	or driving privilege shall be revoked for not less than 10
3146	years.
3147
3148	For the purposes of this paragraph, a previous conviction
3149	outside this state for driving under the influence, driving
3150	while intoxicated, driving with an unlawful blood-alcohol level,
3151	or any other alcohol-related or drug-related traffic offense
3152	similar to the offense of driving under the influence as
3153	proscribed by s. 316.193 will be considered a previous
3154	conviction for violation of s. 316.193, and a conviction for
3155	violation of former s. 316.028, former s. 316.1931, or former s.
3156	860.01 is considered a conviction for violation of s. 316.193.
3157	(b)  If the period of revocation was not specified by the
3158	court at the time of imposing sentence or within 30 days
3159	thereafter, and is not otherwise specified by law, the
3160	department shall forthwith revoke the driver's license or
3161	driving privilege for the maximum period applicable under
3162	paragraph (a) for a first conviction and for the minimum period
3163	applicable under paragraph (a) for any subsequent convictions.
3164	The driver may, within 30 days after such revocation by the
3165	department, petition the court for further hearing on the period
3166	of revocation, and the court may reopen the case and determine
3167	the period of revocation within the limits specified in
3168	paragraph (a).
3169	(c)  The forfeiture of bail bond, not vacated within 20
3170	days, in any prosecution for the offense of driving while under
3171	the influence of alcoholic beverages, chemical substances, or
3172	controlled substances to the extent of depriving the defendant
3173	of his or her normal faculties shall be deemed equivalent to a
3174	conviction for the purposes of this paragraph, and the
3175	department shall forthwith revoke the defendant's driver's
3176	license or driving privilege for the maximum period applicable
3177	under paragraph (a) for a first conviction and for the minimum
3178	period applicable under paragraph (a) for a second or subsequent
3179	conviction; however, if the defendant is later convicted of the
3180	charge, the period of revocation imposed by the department for
3181	such conviction shall not exceed the difference between the
3182	applicable maximum for a first conviction or minimum for a
3183	second or subsequent conviction and the revocation period under
3184	this subsection that has actually elapsed; upon conviction of
3185	such charge, the court may impose revocation for a period of
3186	time as specified in paragraph (a). This paragraph does not
3187	apply if an appropriate motion contesting the forfeiture is
3188	filed within the 20-day period.
3189	(d)  When any driver's license or driving privilege has
3190	been revoked pursuant to the provisions of this section, the
3191	department shall not grant a new license, except upon
3192	reexamination of the licensee after the expiration of the period
3193	of revocation so prescribed. However, the court may, in its
3194	sound discretion, issue an order of reinstatement on a form
3195	furnished by the department which the person may take to any
3196	driver's license examining office for reinstatement by the
3197	department pursuant to s. 322.282.
3198	(e)  The court shall permanently revoke the driver's
3199	license or driving privilege of a person who has been convicted
3200	four times for violation of s. 316.193 or former s. 316.1931 or
3201	a combination of such sections. The court shall permanently
3202	revoke the driver's license or driving privilege of any person
3203	who has been convicted of DUI manslaughter in violation of s.
3204	316.193. If the court has not permanently revoked such driver's
3205	license or driving privilege within 30 days after imposing
3206	sentence, the department shall permanently revoke the driver's
3207	license or driving privilege pursuant to this paragraph. No
3208	driver's license or driving privilege may be issued or granted
3209	to any such person. This paragraph applies only if at least one
3210	of the convictions for violation of s. 316.193 or former s.
3211	316.1931 was for a violation that occurred after July 1, 1982.
3212	For the purposes of this paragraph, a conviction for violation
3213	of former s. 316.028, former s. 316.1931, or former s. 860.01 is
3214	also considered a conviction for violation of s. 316.193. Also,
3215	a conviction of driving under the influence, driving while
3216	intoxicated, driving with an unlawful blood-alcohol level, or
3217	any other similar alcohol-related or drug-related traffic
3218	offense outside this state is considered a conviction for the
3219	purposes of this paragraph.
3220	Section 72.  For the purpose of incorporating the amendment
3221	made by this act to section 316.193, Florida Statutes, in
3222	references thereto, paragraph (a) of subsection (2) of section
3223	322.282, Florida Statutes, is reenacted to read:
3224	322.282  Procedure when court revokes or suspends license
3225	or driving privilege and orders reinstatement.--When a court
3226	suspends or revokes a person's license or driving privilege and,
3227	in its discretion, orders reinstatement as provided by s.
3228	322.28(2)(d) or former s. 322.261(5):
3229	(2)(a)  The court shall issue an order of reinstatement, on
3230	a form to be furnished by the department, which the person may
3231	take to any driver's license examining office. The department
3232	shall issue a temporary driver's permit to a licensee who
3233	presents the court's order of reinstatement, proof of completion
3234	of a department-approved driver training or substance abuse
3235	education course, and a written request for a hearing under s.
3236	322.271. The permit shall not be issued if a record check by the
3237	department shows that the person has previously been convicted
3238	for a violation of s. 316.193, former s. 316.1931, former s.
3239	316.028, former s. 860.01, or a previous conviction outside this
3240	state for driving under the influence, driving while
3241	intoxicated, driving with an unlawful blood-alcohol level, or
3242	any similar alcohol-related or drug-related traffic offense;
3243	that the person's driving privilege has been previously
3244	suspended for refusal to submit to a lawful test of breath,
3245	blood, or urine; or that the person is otherwise not entitled to
3246	issuance of a driver's license. This paragraph shall not be
3247	construed to prevent the reinstatement of a license or driving
3248	privilege that is presently suspended for driving with an
3249	unlawful blood-alcohol level or a refusal to submit to a breath,
3250	urine, or blood test and is also revoked for a conviction for a
3251	violation of s. 316.193 or former s. 316.1931, if the suspension
3252	and revocation arise out of the same incident.
3253	Section 73.  For the purpose of incorporating the amendment
3254	made by this act to section 316.193, Florida Statutes, in a
3255	reference thereto, paragraph (a) of subsection (1) of section
3256	322.291, Florida Statutes, is reenacted to read:
3257	322.291  Driver improvement schools or DUI programs;
3258	required in certain suspension and revocation cases.--Except as
3259	provided in s. 322.03(2), any person:
3260	(1)  Whose driving privilege has been revoked:
3261	(a)  Upon conviction for:
3262	1.  Driving, or being in actual physical control of, any
3263	vehicle while under the influence of alcoholic beverages, any
3264	chemical substance set forth in s. 877.111, or any substance
3265	controlled under chapter 893, in violation of s. 316.193;
3266	2.  Driving with an unlawful blood- or breath-alcohol
3267	level;
3268	3.  Manslaughter resulting from the operation of a motor
3269	vehicle;
3270	4.  Failure to stop and render aid as required under the
3271	laws of this state in the event of a motor vehicle crash
3272	resulting in the death or personal injury of another;
3273	5.  Reckless driving; or
3274
3275	shall, before the driving privilege may be reinstated, present
3276	to the department proof of enrollment in a department-approved
3277	advanced driver improvement course operating pursuant to s.
3278	318.1451 or a substance abuse education course conducted by a
3279	DUI program licensed pursuant to s. 322.292, which shall include
3280	a psychosocial evaluation and treatment, if referred. If the
3281	person fails to complete such course or evaluation within 90
3282	days after reinstatement, or subsequently fails to complete
3283	treatment, if referred, the DUI program shall notify the
3284	department of the failure. Upon receipt of the notice, the
3285	department shall cancel the offender's driving privilege,
3286	notwithstanding the expiration of the suspension or revocation
3287	of the driving privilege. The department may temporarily
3288	reinstate the driving privilege upon verification from the DUI
3289	program that the offender has completed the education course and
3290	evaluation requirement and has reentered and is currently
3291	participating in treatment. If the DUI program notifies the
3292	department of the second failure to complete treatment, the
3293	department shall reinstate the driving privilege only after
3294	notice of completion of treatment from the DUI program.
3295	Section 74.  For the purpose of incorporating the amendment
3296	made by this act to section 316.193, Florida Statutes, in a
3297	reference thereto, paragraph (a) of subsection (9) of section
3298	322.34, Florida Statutes, is reenacted to read:
3299	322.34  Driving while license suspended, revoked, canceled,
3300	or disqualified.--
3301	(9)(a)  A motor vehicle that is driven by a person under
3302	the influence of alcohol or drugs in violation of s. 316.193 is
3303	subject to seizure and forfeiture under ss. 932.701-932.707 and
3304	is subject to liens for recovering, towing, or storing vehicles
3305	under s. 713.78 if, at the time of the offense, the person's
3306	driver's license is suspended, revoked, or canceled as a result
3307	of a prior conviction for driving under the influence.
3308	Section 75.  For the purpose of incorporating the amendment
3309	made by this act to section 316.193, Florida Statutes, in a
3310	reference thereto, subsection (3) of section 322.62, Florida
3311	Statutes, is reenacted to read:
3312	322.62  Driving under the influence; commercial motor
3313	vehicle operators.--
3314	(3)  This section does not supersede s. 316.193. Nothing in
3315	this section prohibits the prosecution of a person who drives a
3316	commercial motor vehicle for driving under the influence of
3317	alcohol or controlled substances whether or not such person is
3318	also prosecuted for a violation of this section.
3319	Section 76.  For the purpose of incorporating the amendment
3320	made by this act to section 316.193, Florida Statutes, in
3321	references thereto, paragraph (d) of subsection (2) and
3322	subsection (6) of section 322.63, Florida Statutes, are
3323	reenacted to read:
3324	322.63  Alcohol or drug testing; commercial motor vehicle
3325	operators.--
3326	(2)  The chemical and physical tests authorized by this
3327	section shall only be required if a law enforcement officer has
3328	reasonable cause to believe that a person driving a commercial
3329	motor vehicle has any alcohol, chemical substance, or controlled
3330	substance in his or her body.
3331	(d)  The administration of one test under paragraph (a),
3332	paragraph (b), or paragraph (c) shall not preclude the
3333	administration of a different test under paragraph (a),
3334	paragraph (b), or paragraph (c). However, a urine test may not
3335	be used to determine alcohol concentration and a breath test may
3336	not be used to determine the presence of controlled substances
3337	or chemical substances in a person's body. Notwithstanding the
3338	provisions of this paragraph, in the event a Florida licensee
3339	has been convicted in another state for an offense substantially
3340	similar to s. 316.193 or to s. 322.62, which conviction was
3341	based upon evidence of test results prohibited by this
3342	paragraph, that out-of-state conviction shall constitute a
3343	conviction for the purposes of this chapter.
3344	(6)  Notwithstanding any provision of law pertaining to the
3345	confidentiality of hospital records or other medical records,
3346	information relating to the alcohol content of a person's blood
3347	or the presence of chemical substances or controlled substances
3348	in a person's blood obtained pursuant to this section shall be
3349	released to a court, prosecuting attorney, defense attorney, or
3350	law enforcement officer in connection with an alleged violation
3351	of s. 316.193 or s. 322.62 upon request for such information.
3352	Section 77.  For the purpose of incorporating the amendment
3353	made by this act to section 316.193, Florida Statutes, in
3354	references thereto, subsections (1) and (2), paragraph (a) of
3355	subsection (7), paragraph (b) of subsection (8), and subsections
3356	(14) and (15) of section 322.64, Florida Statutes, are reenacted
3357	to read:
3358	322.64  Holder of commercial driver's license; driving with
3359	unlawful blood-alcohol level; refusal to submit to breath,
3360	urine, or blood test.--
3361	(1)(a)  A law enforcement officer or correctional officer
3362	shall, on behalf of the department, disqualify from operating
3363	any commercial motor vehicle a person who while operating or in
3364	actual physical control of a commercial motor vehicle is
3365	arrested for a violation of s. 316.193, relating to unlawful
3366	blood-alcohol level or breath-alcohol level, or a person who has
3367	refused to submit to a breath, urine, or blood test authorized
3368	by s. 322.63 arising out of the operation or actual physical
3369	control of a commercial motor vehicle. Upon disqualification of
3370	the person, the officer shall take the person's driver's license
3371	and issue the person a 10-day temporary permit for the operation
3372	of noncommercial vehicles only if the person is otherwise
3373	eligible for the driving privilege and shall issue the person a
3374	notice of disqualification. If the person has been given a
3375	blood, breath, or urine test, the results of which are not
3376	available to the officer at the time of the arrest, the agency
3377	employing the officer shall transmit such results to the
3378	department within 5 days after receipt of the results. If the
3379	department then determines that the person was arrested for a
3380	violation of s. 316.193 and that the person had a blood-alcohol
3381	level or breath-alcohol level of 0.08 or higher, the department
3382	shall disqualify the person from operating a commercial motor
3383	vehicle pursuant to subsection (3).
3384	(b)  The disqualification under paragraph (a) shall be
3385	pursuant to, and the notice of disqualification shall inform the
3386	driver of, the following:
3387	1.a.  The driver refused to submit to a lawful breath,
3388	blood, or urine test and he or she is disqualified from
3389	operating a commercial motor vehicle for a period of 1 year, for
3390	a first refusal, or permanently, if he or she has previously
3391	been disqualified as a result of a refusal to submit to such a
3392	test; or
3393	b.  The driver violated s. 316.193 by driving with an
3394	unlawful blood-alcohol level and he or she is disqualified from
3395	operating a commercial motor vehicle for a period of 6 months
3396	for a first offense or for a period of 1 year if he or she has
3397	previously been disqualified, or his or her driving privilege
3398	has been previously suspended, for a violation of s. 316.193.
3399	2.  The disqualification period for operating commercial
3400	vehicles shall commence on the date of arrest or issuance of
3401	notice of disqualification, whichever is later.
3402	3.  The driver may request a formal or informal review of
3403	the disqualification by the department within 10 days after the
3404	date of arrest or issuance of notice of disqualification,
3405	whichever is later.
3406	4.  The temporary permit issued at the time of arrest or
3407	disqualification will expire at midnight of the 10th day
3408	following the date of disqualification.
3409	5.  The driver may submit to the department any materials
3410	relevant to the arrest.
3411	(2)  Except as provided in paragraph (1)(a), the law
3412	enforcement officer shall forward to the department, within 5
3413	days after the date of the arrest or the issuance of the notice
3414	of disqualification, whichever is later, a copy of the notice of
3415	disqualification, the driver's license of the person arrested,
3416	and a report of the arrest, including, if applicable, an
3417	affidavit stating the officer's grounds for belief that the
3418	person arrested was in violation of s. 316.193; the results of
3419	any breath or blood test or an affidavit stating that a breath,
3420	blood, or urine test was requested by a law enforcement officer
3421	or correctional officer and that the person arrested refused to
3422	submit; a copy of the citation issued to the person arrested;
3423	and the officer's description of the person's field sobriety
3424	test, if any. The failure of the officer to submit materials
3425	within the 5-day period specified in this subsection or
3426	subsection (1) shall not affect the department's ability to
3427	consider any evidence submitted at or prior to the hearing. The
3428	officer may also submit a copy of a videotape of the field
3429	sobriety test or the attempt to administer such test.
3430	(7)  In a formal review hearing under subsection (6) or an
3431	informal review hearing under subsection (4), the hearing
3432	officer shall determine by a preponderance of the evidence
3433	whether sufficient cause exists to sustain, amend, or invalidate
3434	the disqualification. The scope of the review shall be limited
3435	to the following issues:
3436	(a)  If the person was disqualified from operating a
3437	commercial motor vehicle for driving with an unlawful blood-
3438	alcohol level in violation of s. 316.193:
3439	1.  Whether the arresting law enforcement officer had
3440	probable cause to believe that the person was driving or in
3441	actual physical control of a commercial motor vehicle in this
3442	state while he or she had any alcohol, chemical substances, or
3443	controlled substances in his or her body.
3444	2.  Whether the person was placed under lawful arrest for a
3445	violation of s. 316.193.
3446	3.  Whether the person had an unlawful blood-alcohol level
3447	as provided in s. 316.193.
3448	(8)  Based on the determination of the hearing officer
3449	pursuant to subsection (7) for both informal hearings under
3450	subsection (4) and formal hearings under subsection (6), the
3451	department shall:
3452	(b)  Sustain the disqualification for a period of 6 months
3453	for a violation of s. 316.193 or for a period of 1 year if the
3454	person has been previously disqualified from operating a
3455	commercial motor vehicle or his or her driving privilege has
3456	been previously suspended as a result of a violation of s.
3457	316.193. The disqualification period commences on the date of
3458	the arrest or issuance of the notice of disqualification,
3459	whichever is later.
3460	(14)  The decision of the department under this section
3461	shall not be considered in any trial for a violation of s.
3462	316.193, s. 322.61, or s. 322.62, nor shall any written
3463	statement submitted by a person in his or her request for
3464	departmental review under this section be admissible into
3465	evidence against him or her in any such trial. The disposition
3466	of any related criminal proceedings shall not affect a
3467	disqualification imposed pursuant to this section.
3468	(15)  This section does not preclude the suspension of the
3469	driving privilege pursuant to s. 322.2615. The driving privilege
3470	of a person who has been disqualified from operating a
3471	commercial motor vehicle also may be suspended for a violation
3472	of s. 316.193.
3473	Section 78.  For the purpose of incorporating the amendment
3474	made by this act to section 316.193, Florida Statutes, in a
3475	reference thereto, paragraph (f) of subsection (4) of section
3476	323.001, Florida Statutes, is reenacted to read:
3477	323.001  Wrecker operator storage facilities; vehicle
3478	holds.--
3479	(4)  The requirements for a written hold apply when the
3480	following conditions are present:
3481	(f)  The vehicle is impounded or immobilized pursuant to s.
3482	316.193 or s. 322.34; or
3483	Section 79.  For the purpose of incorporating the amendment
3484	made by this act to section 316.193, Florida Statutes, in
3485	references thereto, section 324.023, Florida Statutes, is
3486	reenacted to read:
3487	324.023  Financial responsibility for bodily injury or
3488	death.--In addition to any other financial responsibility
3489	required by law, every owner or operator of a motor vehicle that
3490	is required to be registered in this state, or that is located
3491	within this state, and who, regardless of adjudication of guilt,
3492	has been found guilty of or entered a plea of guilty or nolo
3493	contendere to a charge of driving under the influence under s.
3494	316.193 after October 1, 2007, shall, by one of the methods
3495	established in s. 324.031(1), (2), or (3), establish and
3496	maintain the ability to respond in damages for liability on
3497	account of accidents arising out of the use of a motor vehicle
3498	in the amount of $100,000 because of bodily injury to, or death
3499	of, one person in any one crash and, subject to such limits for
3500	one person, in the amount of $300,000 because of bodily injury
3501	to, or death of, two or more persons in any one crash and in the
3502	amount of $50,000 because of property damage in any one crash.
3503	If the owner or operator chooses to establish and maintain such
3504	ability by posting a bond or furnishing a certificate of deposit
3505	pursuant to s. 324.031(2) or (3), such bond or certificate of
3506	deposit must be in an amount not less than $350,000. Such higher
3507	limits must be carried for a minimum period of 3 years. If the
3508	owner or operator has not been convicted of driving under the
3509	influence or a felony traffic offense for a period of 3 years
3510	from the date of reinstatement of driving privileges for a
3511	violation of s. 316.193, the owner or operator shall be exempt
3512	from this section.
3513	Section 80.  For the purpose of incorporating the amendment
3514	made by this act to section 316.193, Florida Statutes, in a
3515	reference thereto, section 324.131, Florida Statutes, is
3516	reenacted to read:
3517	324.131  Period of suspension.--Such license, registration
3518	and nonresident's operating privilege shall remain so suspended
3519	and shall not be renewed, nor shall any such license or
3520	registration be thereafter issued in the name of such person,
3521	including any such person not previously licensed, unless and
3522	until every such judgment is stayed, satisfied in full or to the
3523	extent of the limits stated in s. 324.021(7) and until the said
3524	person gives proof of financial responsibility as provided in s.
3525	324.031, such proof to be maintained for 3 years. In addition,
3526	if the person's license or registration has been suspended or
3527	revoked due to a violation of s. 316.193 or pursuant to s.
3528	322.26(2), that person shall maintain noncancelable liability
3529	coverage for each motor vehicle registered in his or her name,
3530	as described in s. 627.7275(2), and must present proof that
3531	coverage is in force on a form adopted by the Department of
3532	Highway Safety and Motor Vehicles, such proof to be maintained
3533	for 3 years.
3534	Section 81.  For the purpose of incorporating the amendment
3535	made by this act to section 316.193, Florida Statutes, in a
3536	reference thereto, subsection (6) of section 327.35, Florida
3537	Statutes, is reenacted to read:
3538	327.35  Boating under the influence; penalties; "designated
3539	drivers".--
3540	(6)  With respect to any person convicted of a violation of
3541	subsection (1), regardless of any other penalty imposed:
3542	(a)  For the first conviction, the court shall place the
3543	defendant on probation for a period not to exceed 1 year and, as
3544	a condition of such probation, shall order the defendant to
3545	participate in public service or a community work project for a
3546	minimum of 50 hours. The court must also, as a condition of
3547	probation, order the impoundment or immobilization of the vessel
3548	that was operated by or in the actual control of the defendant
3549	or any one vehicle registered in the defendant's name at the
3550	time of impoundment or immobilization, for a period of 10 days
3551	or for the unexpired term of any lease or rental agreement that
3552	expires within 10 days. The impoundment or immobilization must
3553	not occur concurrently with the incarceration of the defendant.
3554	The impoundment or immobilization order may be dismissed in
3555	accordance with paragraph (e) or paragraph (f). The total period
3556	of probation and incarceration may not exceed 1 year.
3557	(b)  For the second conviction for an offense that occurs
3558	within a period of 5 years after the date of a prior conviction
3559	for violation of this section, the court shall order
3560	imprisonment for not less than 10 days. The court must also, as
3561	a condition of probation, order the impoundment or
3562	immobilization of the vessel that was operated by or in the
3563	actual control of the defendant or any one vehicle registered in
3564	the defendant's name at the time of impoundment or
3565	immobilization, for a period of 30 days or for the unexpired
3566	term of any lease or rental agreement that expires within 30
3567	days. The impoundment or immobilization must not occur
3568	concurrently with the incarceration of the defendant. The
3569	impoundment or immobilization order may be dismissed in
3570	accordance with paragraph (e) or paragraph (f). At least 48
3571	hours of confinement must be consecutive.
3572	(c)  For the third or subsequent conviction for an offense
3573	that occurs within a period of 10 years after the date of a
3574	prior conviction for violation of this section, the court shall
3575	order imprisonment for not less than 30 days. The court must
3576	also, as a condition of probation, order the impoundment or
3577	immobilization of the vessel that was operated by or in the
3578	actual control of the defendant or any one vehicle registered in
3579	the defendant's name at the time of impoundment or
3580	immobilization, for a period of 90 days or for the unexpired
3581	term of any lease or rental agreement that expires within 90
3582	days. The impoundment or immobilization must not occur
3583	concurrently with the incarceration of the defendant. The
3584	impoundment or immobilization order may be dismissed in
3585	accordance with paragraph (e) or paragraph (f). At least 48
3586	hours of confinement must be consecutive.
3587	(d)  The court must at the time of sentencing the defendant
3588	issue an order for the impoundment or immobilization of a
3589	vessel. Within 7 business days after the date that the court
3590	issues the order of impoundment, and once again 30 business days
3591	before the actual impoundment or immobilization of the vessel,
3592	the clerk of the court must send notice by certified mail,
3593	return receipt requested, to the registered owner of each
3594	vessel, if the registered owner is a person other than the
3595	defendant, and to each person of record claiming a lien against
3596	the vessel.
3597	(e)  A person who owns but was not operating the vessel
3598	when the offense occurred may submit to the court a police
3599	report indicating that the vessel was stolen at the time of the
3600	offense or documentation of having purchased the vessel after
3601	the offense was committed from an entity other than the
3602	defendant or the defendant's agent. If the court finds that the
3603	vessel was stolen or that the sale was not made to circumvent
3604	the order and allow the defendant continued access to the
3605	vessel, the order must be dismissed and the owner of the vessel
3606	will incur no costs. If the court denies the request to dismiss
3607	the order of impoundment or immobilization, the petitioner may
3608	request an evidentiary hearing.
3609	(f)  A person who owns but was not operating the vessel
3610	when the offense occurred, and whose vessel was stolen or who
3611	purchased the vessel after the offense was committed directly
3612	from the defendant or the defendant's agent, may request an
3613	evidentiary hearing to determine whether the impoundment or
3614	immobilization should occur. If the court finds that either the
3615	vessel was stolen or the purchase was made without knowledge of
3616	the offense, that the purchaser had no relationship to the
3617	defendant other than through the transaction, and that such
3618	purchase would not circumvent the order and allow the defendant
3619	continued access to the vessel, the order must be dismissed and
3620	the owner of the vessel will incur no costs.
3621	(g)  All costs and fees for the impoundment or
3622	immobilization, including the cost of notification, must be paid
3623	by the owner of the vessel or, if the vessel is leased or
3624	rented, by the person leasing or renting the vessel, unless the
3625	impoundment or immobilization order is dismissed.
3626	(h)  The person who owns a vessel that is impounded or
3627	immobilized under this paragraph, or a person who has a lien of
3628	record against such a vessel and who has not requested a review
3629	of the impoundment pursuant to paragraph (e) or paragraph (f),
3630	may, within 10 days after the date that person has knowledge of
3631	the location of the vessel, file a complaint in the county in
3632	which the owner resides to determine whether the vessel was
3633	wrongfully taken or withheld from the owner or lienholder. Upon
3634	the filing of a complaint, the owner or lienholder may have the
3635	vessel released by posting with the court a bond or other
3636	adequate security equal to the amount of the costs and fees for
3637	impoundment or immobilization, including towing or storage, to
3638	ensure the payment of the costs and fees if the owner or
3639	lienholder does not prevail. When the bond is posted and the fee
3640	is paid as set forth in s. 28.24, the clerk of the court shall
3641	issue a certificate releasing the vessel. At the time of
3642	release, after reasonable inspection, the owner or lienholder
3643	must give a receipt to the towing or storage company indicating
3644	any loss or damage to the vessel or to the contents of the
3645	vessel.
3646	(i)  A defendant, in the court's discretion, may be
3647	required to serve all or any portion of a term of imprisonment
3648	to which the defendant has been sentenced pursuant to this
3649	section in a residential alcoholism treatment program or a
3650	residential drug abuse treatment program. Any time spent in such
3651	a program must be credited by the court toward the term of
3652	imprisonment.
3653
3654	For the purposes of this section, any conviction for a violation
3655	of s. 316.193, a previous conviction for the violation of former
3656	s. 316.1931, former s. 860.01, or former s. 316.028, or a
3657	previous conviction outside this state for driving under the
3658	influence, driving while intoxicated, driving with an unlawful
3659	blood-alcohol level, driving with an unlawful breath-alcohol
3660	level, or any other similar alcohol-related or drug-related
3661	traffic offense, is also considered a previous conviction for
3662	violation of this section.
3663	Section 82.  For the purpose of incorporating the amendment
3664	made by this act to section 316.193, Florida Statutes, in a
3665	reference thereto, subsection (1) of section 337.195, Florida
3666	Statutes, is reenacted to read:
3667	337.195  Limits on liability.--
3668	(1)  In a civil action for the death of or injury to a
3669	person, or for damage to property, against the Department of
3670	Transportation or its agents, consultants, or contractors for
3671	work performed on a highway, road, street, bridge, or other
3672	transportation facility when the death, injury, or damage
3673	resulted from a motor vehicle crash within a construction zone
3674	in which the driver of one of the vehicles was under the
3675	influence of alcoholic beverages as set forth in s. 316.193,
3676	under the influence of any chemical substance as set forth in s.
3677	877.111, or illegally under the influence of any substance
3678	controlled under chapter 893 to the extent that her or his
3679	normal faculties were impaired or that she or he operated a
3680	vehicle recklessly as defined in s. 316.192, it is presumed that
3681	the driver's operation of the vehicle was the sole proximate
3682	cause of her or his own death, injury, or damage. This
3683	presumption can be overcome if the gross negligence or
3684	intentional misconduct of the Department of Transportation, or
3685	of its agents, consultants, or contractors, was a proximate
3686	cause of the driver's death, injury, or damage.
3687	Section 83.  For the purpose of incorporating the amendment
3688	made by this act to section 316.193, Florida Statutes, in a
3689	reference thereto, paragraph (c) of subsection (17) of section
3690	440.02, Florida Statutes, is reenacted to read:
3691	440.02  Definitions.--When used in this chapter, unless the
3692	context clearly requires otherwise, the following terms shall
3693	have the following meanings:
3694	(17)
3695	(c)  "Employment" does not include service performed by or
3696	as:
3697	1.  Domestic servants in private homes.
3698	2.  Agricultural labor performed on a farm in the employ of
3699	a bona fide farmer, or association of farmers, that employs 5 or
3700	fewer regular employees and that employs fewer than 12 other
3701	employees at one time for seasonal agricultural labor that is
3702	completed in less than 30 days, provided such seasonal
3703	employment does not exceed 45 days in the same calendar year.
3704	The term "farm" includes stock, dairy, poultry, fruit, fur-
3705	bearing animals, fish, and truck farms, ranches, nurseries, and
3706	orchards. The term "agricultural labor" includes field foremen,
3707	timekeepers, checkers, and other farm labor supervisory
3708	personnel.
3709	3.  Professional athletes, such as professional boxers,
3710	wrestlers, baseball, football, basketball, hockey, polo, tennis,
3711	jai alai, and similar players, and motorsports teams competing
3712	in a motor racing event as defined in s. 549.08.
3713	4.  Labor under a sentence of a court to perform community
3714	services as provided in s. 316.193.
3715	5.  State prisoners or county inmates, except those
3716	performing services for private employers or those enumerated in
3717	s. 948.036(1).
3718	Section 84.  For the purpose of incorporating the amendment
3719	made by this act to section 316.193, Florida Statutes, in a
3720	reference thereto, paragraph (b) of subsection (7) of section
3721	440.09, Florida Statutes, is reenacted to read:
3722	440.09  Coverage.--
3723	(7)
3724	(b)  If the employee has, at the time of the injury, a
3725	blood alcohol level equal to or greater than the level specified
3726	in s. 316.193, or if the employee has a positive confirmation of
3727	a drug as defined in this act, it is presumed that the injury
3728	was occasioned primarily by the intoxication of, or by the
3729	influence of the drug upon, the employee. If the employer has
3730	implemented a drug-free workplace, this presumption may be
3731	rebutted only by evidence that there is no reasonable hypothesis
3732	that the intoxication or drug influence contributed to the
3733	injury. In the absence of a drug-free workplace program, this
3734	presumption may be rebutted by clear and convincing evidence
3735	that the intoxication or influence of the drug did not
3736	contribute to the injury. Percent by weight of alcohol in the
3737	blood must be based upon grams of alcohol per 100 milliliters of
3738	blood. If the results are positive, the testing facility must
3739	maintain the specimen for a minimum of 90 days. Blood serum may
3740	be used for testing purposes under this chapter; however, if
3741	this test is used, the presumptions under this section do not
3742	arise unless the blood alcohol level is proved to be medically
3743	and scientifically equivalent to or greater than the comparable
3744	blood alcohol level that would have been obtained if the test
3745	were based on percent by weight of alcohol in the blood.
3746	However, if, before the accident, the employer had actual
3747	knowledge of and expressly acquiesced in the employee's presence
3748	at the workplace while under the influence of such alcohol or
3749	drug, the presumptions specified in this subsection do not
3750	apply.
3751	Section 85.  For the purpose of incorporating the amendment
3752	made by this act to section 316.193, Florida Statutes, in a
3753	reference thereto, paragraph (d) of subsection (1) of section
3754	493.6106, Florida Statutes, is reenacted to read:
3755	493.6106  License requirements; posting.--
3756	(1)  Each individual licensed by the department must:
3757	(d)  Not be a chronic and habitual user of alcoholic
3758	beverages to the extent that her or his normal faculties are
3759	impaired; not have been committed under chapter 397, former
3760	chapter 396, or a similar law in any other state; not have been
3761	found to be a habitual offender under s. 856.011(3) or a similar
3762	law in any other state; and not have had two or more convictions
3763	under s. 316.193 or a similar law in any other state within the
3764	3-year period immediately preceding the date the application was
3765	filed, unless the individual establishes that she or he is not
3766	currently impaired and has successfully completed a
3767	rehabilitation course.
3768	Section 86.  For the purpose of incorporating the amendment
3769	made by this act to section 316.193, Florida Statutes, in a
3770	reference thereto, paragraph (a) of subsection (2) of section
3771	627.7275, Florida Statutes, is reenacted to read:
3772	627.7275  Motor vehicle liability.--
3773	(2)(a)  Insurers writing motor vehicle insurance in this
3774	state shall make available, subject to the insurers' usual
3775	underwriting restrictions:
3776	1.  Coverage under policies as described in subsection (1)
3777	to any applicant for private passenger motor vehicle insurance
3778	coverage who is seeking the coverage in order to reinstate the
3779	applicant's driving privileges in this state when the driving
3780	privileges were revoked or suspended pursuant to s. 316.646 or
3781	s. 324.0221 due to the failure of the applicant to maintain
3782	required security.
3783	2.  Coverage under policies as described in subsection (1),
3784	which also provides liability coverage for bodily injury, death,
3785	and property damage arising out of the ownership, maintenance,
3786	or use of the motor vehicle in an amount not less than the
3787	limits described in s. 324.021(7) and conforms to the
3788	requirements of s. 324.151, to any applicant for private
3789	passenger motor vehicle insurance coverage who is seeking the
3790	coverage in order to reinstate the applicant's driving
3791	privileges in this state after such privileges were revoked or
3792	suspended under s. 316.193 or s. 322.26(2) for driving under the
3793	influence.
3794	Section 87.  For the purpose of incorporating the amendment
3795	made by this act to section 316.193, Florida Statutes, in a
3796	reference thereto, subsection (4) of section 627.758, Florida
3797	Statutes, is reenacted to read:
3798	627.758  Surety on auto club traffic arrest bond;
3799	conditions, limit; bail bond.--
3800	(4)  Notwithstanding the provisions of s. 626.311 or
3801	chapter 648, any surety insurer identified in a guaranteed
3802	traffic arrest bond certificate or any licensed general lines
3803	agent of the surety insurer may execute a bail bond for the
3804	automobile club or association member identified in the
3805	guaranteed traffic arrest bond certificate in an amount not in
3806	excess of $5,000 for any violation of chapter 316 or any similar
3807	traffic law or ordinance except for driving under the influence
3808	of alcoholic beverages, chemical substances, or controlled
3809	substances, as prohibited by s. 316.193.
3810	Section 88.  For the purpose of incorporating the amendment
3811	made by this act to section 316.193, Florida Statutes, in
3812	references thereto, paragraph (f) of subsection (2) and
3813	paragraph (f) of subsection (10) of section 790.06, Florida
3814	Statutes, are reenacted to read:
3815	790.06  License to carry concealed weapon or firearm.--
3816	(2)  The Department of Agriculture and Consumer Services
3817	shall issue a license if the applicant:
3818	(f)  Does not chronically and habitually use alcoholic
3819	beverages or other substances to the extent that his or her
3820	normal faculties are impaired. It shall be presumed that an
3821	applicant chronically and habitually uses alcoholic beverages or
3822	other substances to the extent that his or her normal faculties
3823	are impaired if the applicant has been committed under chapter
3824	397 or under the provisions of former chapter 396 or has been
3825	convicted under s. 790.151 or has been deemed a habitual
3826	offender under s. 856.011(3), or has had two or more convictions
3827	under s. 316.193 or similar laws of any other state, within the
3828	3-year period immediately preceding the date on which the
3829	application is submitted;
3830	(10)  A license issued under this section shall be
3831	suspended or revoked pursuant to chapter 120 if the licensee:
3832	(f)  Is convicted of a second violation of s. 316.193, or a
3833	similar law of another state, within 3 years of a previous
3834	conviction of such section, or similar law of another state,
3835	even though the first violation may have occurred prior to the
3836	date on which the application was submitted;
3837	Section 89.  For the purpose of incorporating the amendment
3838	made by this act to section 316.193, Florida Statutes, in a
3839	reference thereto, subsection (2) of section 903.36, Florida
3840	Statutes, is reenacted to read:
3841	903.36  Guaranteed arrest bond certificates as cash bail.--
3842	(2)  The execution of a bail bond by a licensed general
3843	lines agent of a surety insurer for the automobile club or
3844	association member identified in the guaranteed traffic arrest
3845	bond certificate, as provided in s. 627.758(4), shall be
3846	accepted as bail in an amount not to exceed $5,000 for the
3847	appearance of the person named in the certificate in any court
3848	to answer for the violation of a provision of chapter 316 or a
3849	similar traffic law or ordinance, except driving under the
3850	influence of alcoholic beverages, chemical substances, or
3851	controlled substances, as prohibited by s. 316.193. Presentation
3852	of the guaranteed traffic arrest bond certificate and a power of
3853	attorney from the surety insurer for its licensed general lines
3854	agents is authorization for such agent to execute the bail bond.
3855	Section 90.  For the purpose of incorporating the amendment
3856	made by this act to section 316.193, Florida Statutes, in
3857	references thereto, paragraph (c) of subsection (4) of section
3858	907.041, Florida Statutes, is reenacted to read:
3859	907.041  Pretrial detention and release.--
3860	(4)  PRETRIAL DETENTION.--
3861	(c)  The court may order pretrial detention if it finds a
3862	substantial probability, based on a defendant's past and present
3863	patterns of behavior, the criteria in s. 903.046, and any other
3864	relevant facts, that any of the following circumstances exists:
3865	1.  The defendant has previously violated conditions of
3866	release and that no further conditions of release are reasonably
3867	likely to assure the defendant's appearance at subsequent
3868	proceedings;
3869	2.  The defendant, with the intent to obstruct the judicial
3870	process, has threatened, intimidated, or injured any victim,
3871	potential witness, juror, or judicial officer, or has attempted
3872	or conspired to do so, and that no condition of release will
3873	reasonably prevent the obstruction of the judicial process;
3874	3.  The defendant is charged with trafficking in controlled
3875	substances as defined by s. 893.135, that there is a substantial
3876	probability that the defendant has committed the offense, and
3877	that no conditions of release will reasonably assure the
3878	defendant's appearance at subsequent criminal proceedings; or
3879	4.  The defendant is charged with DUI manslaughter, as
3880	defined by s. 316.193, and that there is a substantial
3881	probability that the defendant committed the crime and that the
3882	defendant poses a threat of harm to the community; conditions
3883	that would support a finding by the court pursuant to this
3884	subparagraph that the defendant poses a threat of harm to the
3885	community include, but are not limited to, any of the following:
3886	a.  The defendant has previously been convicted of any
3887	crime under s. 316.193, or of any crime in any other state or
3888	territory of the United States that is substantially similar to
3889	any crime under s. 316.193;
3890	b.  The defendant was driving with a suspended driver's
3891	license when the charged crime was committed; or
3892	c.  The defendant has previously been found guilty of, or
3893	has had adjudication of guilt withheld for, driving while the
3894	defendant's driver's license was suspended or revoked in
3895	violation of s. 322.34;
3896	5.  The defendant poses the threat of harm to the
3897	community. The court may so conclude, if it finds that the
3898	defendant is presently charged with a dangerous crime, that
3899	there is a substantial probability that the defendant committed
3900	such crime, that the factual circumstances of the crime indicate
3901	a disregard for the safety of the community, and that there are
3902	no conditions of release reasonably sufficient to protect the
3903	community from the risk of physical harm to persons.
3904	6.  The defendant was on probation, parole, or other
3905	release pending completion of sentence or on pretrial release
3906	for a dangerous crime at the time the current offense was
3907	committed; or
3908	7.  The defendant has violated one or more conditions of
3909	pretrial release or bond for the offense currently before the
3910	court and the violation, in the discretion of the court,
3911	supports a finding that no conditions of release can reasonably
3912	protect the community from risk of physical harm to persons or
3913	assure the presence of the accused at trial.
3914	Section 91.  Except as otherwise expressly provided in this
3915	act, this act shall take effect upon becoming a law.
3916
3917
3918	-----------------------------------------------------
3919	T I T L E  A M E N D M E N T
3920	Remove the entire title and insert:
3921	A bill to be entitled
3922	An act relating to the Department of Transportation;
3923	amending s. 20.23, F.S.; providing for the salary and
3924	benefits of the executive director of the Florida
3925	Transportation Commission to be set in accordance with the
3926	Senior Management Service; amending s. 125.42, F.S.;
3927	providing for counties to incur certain costs related to
3928	relocation or removal of certain utility facilities under
3929	specified circumstances; amending s. 163.3177, F.S.;
3930	revising requirements for comprehensive plans; providing a
3931	timeframe for submission of certain information to the
3932	state land planning agency; providing for airports, land
3933	adjacent to airports, and certain interlocal agreements
3934	relating thereto in certain elements of the plan; amending
3935	s. 163.3178, F.S.; providing that certain port-related
3936	facilities are not developments of regional impact under
3937	certain circumstances; amending s. 163.3182, F.S.,
3938	relating to transportation concurrency backlog
3939	authorities; providing legislative findings and
3940	declarations; expanding the power of authorities to borrow
3941	money to include issuing certain debt obligations;
3942	providing a maximum maturity date for certain debt
3943	incurred to finance or refinance certain transportation
3944	concurrency backlog projects; authorizing authorities to
3945	continue operations and administer certain trust funds for
3946	the period of the remaining outstanding debt; requiring
3947	local transportation concurrency backlog trust funds to
3948	continue to be funded for certain purposes; providing for
3949	increased ad valorem tax increment funding for such trust
3950	funds under certain circumstances; revising provisions for
3951	dissolution of an authority; amending s. 287.055, F.S.;
3952	conforming a cross-reference; amending s. 316.0741, F.S.;
3953	redefining the term "hybrid vehicle"; authorizing the
3954	driving of a hybrid, low-emission, or energy-efficient
3955	vehicle in a high-occupancy-vehicle lane regardless of
3956	occupancy; requiring certain vehicles to comply with
3957	specified federal standards to be driven in an HOV lane
3958	regardless of occupancy; revising provisions for issuance
3959	of a decal and certificate; providing for the Department
3960	of Highway Safety and Motor Vehicles to limit or
3961	discontinue issuance of decals for the use of HOV
3962	facilities by hybrid and low-emission and energy-efficient
3963	vehicles under certain circumstances; directing the
3964	department to review a specified federal rule and make a
3965	report to the Legislature; exempting certain vehicles from
3966	the payment of certain tolls; amending s. 316.193, F.S.;
3967	revising the prohibition against driving under the
3968	influence of alcohol; revising the blood-alcohol or
3969	breath-alcohol level at which certain penalties apply;
3970	revising requirement for placement of an ignition
3971	interlock device; amending s. 316.302, F.S.; revising
3972	references to rules, regulations, and criteria governing
3973	commercial motor vehicles engaged in intrastate commerce;
3974	providing that the department performs duties assigned to
3975	the Field Administrator of the Federal Motor Carrier
3976	Safety Administration under the federal rules and may
3977	enforce those rules; amending ss. 316.613 and 316.614,
3978	F.S.; revising the definition of "motor vehicle" for
3979	purposes of child restraint and safety belt usage
3980	requirements; amending s. 316.656, F.S.; revising the
3981	prohibition against a judge accepting a plea to a lesser
3982	offense from a person charged under certain DUI
3983	provisions; revising the blood-alcohol or breath-alcohol
3984	level at which the prohibition applies; amending s.
3985	322.64, F.S.; providing that refusal to submit to a
3986	breath, urine, or blood test disqualifies a person from
3987	operating a commercial motor vehicle; providing a period
3988	of disqualification if a person has an unlawful blood-
3989	alcohol or breath-alcohol level; providing for issuance of
3990	a notice of disqualification; revising the requirements
3991	for a formal review hearing following a person's
3992	disqualification from operating a commercial motor
3993	vehicle; providing that a county, municipality, or special
3994	district may not own or operate an asphalt plant or a
3995	portable or stationary concrete batch plant having an
3996	independent mixer; provides exemptions; amending s.
3997	337.0261, F.S.; revising the sunset date for the Strategic
3998	Aggregate Review Task Force; amending s. 337.11, F.S.;
3999	establishing a goal for the procurement of design-build
4000	contracts; amending ss. 337.14 and 337.16, F.S.;
4001	conforming cross-references; amending s. 337.18, F.S.;
4002	requiring the contractor to maintain a copy of the
4003	required payment and performance bond at certain locations
4004	and provide a copy upon request; providing that a copy may
4005	be obtained directly from the department; removing a
4006	provision requiring a copy be recorded in the public
4007	records of the county; amending s. 337.185, F.S.;
4008	providing for the State Arbitration Board to arbitrate
4009	certain claims relating to maintenance contracts;
4010	providing for a member of the board to be elected by
4011	maintenance companies as well as construction companies;
4012	amending s. 337.403, F.S.; providing for the department or
4013	local governmental entity to pay certain costs of removal
4014	or relocation of a utility facility that is found to be
4015	interfering with the use, maintenance, improvement,
4016	extension, or expansion of a public road or publicly owned
4017	rail corridor under described circumstances; amending s.
4018	337.408, F.S.; providing for public pay telephones and
4019	advertising thereon to be installed within the right-of-
4020	way limits of any municipal, county, or state road;
4021	amending s. 338.01, F.S.; requiring new and replacement
4022	electronic toll collection systems to be interoperable
4023	with the department's system; amending s. 338.165, F.S.;
4024	providing that provisions requiring the continuation of
4025	tolls following the discharge of bond indebtedness does
4026	not apply to high-occupancy toll lanes or express lanes;
4027	creating s. 338.166, F.S.; authorizing the department to
4028	request that bonds be issued which are secured by toll
4029	revenues from high-occupancy toll or express lanes in a
4030	specified location; providing for the department to
4031	continue to collect tolls after discharge of indebtedness;
4032	authorizing the use of excess toll revenues for
4033	improvements to the State Highway System; authorizing the
4034	implementation of variable rate tolls on high-occupancy
4035	toll lanes or express lanes; amending s. 338.2216, F.S.;
4036	directing the Florida Turnpike Enterprise to implement new
4037	technologies and processes in its operations and
4038	collection of tolls and other amounts; providing contract
4039	bid requirements for fuel and food on the turnpike system;
4040	amending s. 338.223, F.S.; conforming a cross-reference;
4041	amending s. 338.231, F.S.; revising provisions for
4042	establishing and collecting tolls; authorizing collection
4043	of amounts to cover costs of toll collection and payment
4044	methods; requiring public notice and hearing; amending s.
4045	339.12, F.S.; revising requirements for aid and
4046	contributions by governmental entities for transportation
4047	projects; revising limits under which the department may
4048	enter into an agreement with a county for a project or
4049	project phase not in the adopted work program; authorizing
4050	the department to enter into certain long-term repayment
4051	agreements; amending s. 339.135, F.S.; revising certain
4052	notice provisions that require the Department of
4053	Transportation to notify local governments regarding
4054	amendments to an adopted 5-year work program; amending s.
4055	339.155, F.S.; revising provisions for development of the
4056	Florida Transportation Plan; amending s. 339.2816, F.S.,
4057	relating to the small county road assistance program;
4058	providing for resumption of certain funding for the
4059	program; revising the criteria for counties eligible to
4060	participate in the program; amending ss. 339.2819 and
4061	339.285, F.S.; conforming cross-references; amending s.
4062	341.301, F.S.; providing definitions relating to commuter
4063	rail service, rail corridors, and railroad operation for
4064	purposes of the rail program within the department;
4065	amending s. 341.302, F.S.; authorizing the department to
4066	purchase specified property for the purpose of
4067	implementing commuter rail service; authorizing the
4068	department to assume certain liability on a rail corridor;
4069	authorizing the department to indemnify and hold harmless
4070	a railroad company when the department acquires a rail
4071	corridor from the company; providing allocation of risk;
4072	providing a specific cap on the amount of the contractual
4073	duty for such indemnification; authorizing the department
4074	to purchase and provide insurance in relation to rail
4075	corridors; authorizing marketing and promotional expenses;
4076	extending provisions to other governmental entities
4077	providing commuter rail service on public right-of-way;
4078	creating s. 341.3023, F.S.; requiring the department to
4079	review and study commuter rail programs and intercity rail
4080	transportation systems; requiring a report to the Governor
4081	and the Legislature; repealing part III of ch. 343 F.S.;
4082	abolishing the Tampa Bay Commuter Transit Authority;
4083	amending s. 348.0003, F.S.; providing for financial
4084	disclosure for expressway, transportation, bridge, and
4085	toll authorities; amending s. 348.0004, F.S.; providing
4086	for certain expressway authorities to index toll rate
4087	increases; amending s. 479.01, F.S.; revising provisions
4088	for outdoor advertising; revising the definition of the
4089	term "automatic changeable facing"; amending s. 479.07,
4090	F.S.; revising a prohibition against signs on the State
4091	Highway System; revising requirements for display of the
4092	sign permit tag; directing the department to establish by
4093	rule a fee for furnishing a replacement permit tag;
4094	revising the pilot project for permitted signs to include
4095	Hillsborough County and areas within the boundaries of the
4096	City of Miami; amending s. 479.08, F.S.; revising
4097	provisions for denial or revocation of a sign permit;
4098	amending s. 479.261, F.S.; revising requirements for the
4099	logo sign program of the interstate highway system;
4100	deleting provisions providing for permits to be awarded to
4101	the highest bidders; requiring the department to implement
4102	a rotation-based logo program; requiring the department to
4103	adopt rules that set reasonable rates based on certain
4104	factors for annual permit fees; requiring that such fees
4105	not exceed a certain amount for sign locations inside and
4106	outside an urban area; creating a business partnership
4107	pilot program; authorizing the Palm Beach County School
4108	District to display names of business partners on district
4109	property in unincorporated areas; exempting the program
4110	from specified provisions; amending s. 768.28, F.S.;
4111	expanding the list of entities considered agents of the
4112	state; providing for construction in relation to certain
4113	federal laws; requiring the department to ensure certain
4114	providers of railroad related services meet certain
4115	requirements; requiring the department to conduct a study
4116	of transportation alternatives for the Interstate 95
4117	corridor; requiring a report to the Governor and the
4118	Legislature; authorizing the expenditure of public funds
4119	for certain alterations of Old Cutler Road in the Village
4120	of Palmetto Bay; requiring the official approval of the
4121	Department of State before any alterations may begin;
4122	reenacting ss. 316.066(3)(a), 316.072(4)(b), 316.1932(3),
4123	316.1933(4), 316.1937(1) and (2)(d), 316.1939(1)(b),
4124	316.656(1), 318.143(4) and (5), 318.17(3), 320.055(1)(c),
4125	322.03(2), 322.0602(2)(a), 322.21(8), 322.25(5),
4126	322.26(1)(a), 322.2615(14)(a) and (16), 322.2616(15) and
4127	(19), 322.264(1)(b), 322.271(2)(a), (c) and (4),
4128	322.2715(2), (3)(a), (c), and (4), 322.28(2),
4129	322.282(2)(a), 322.291(1)(a), 322.34(9)(a), 322.62(3),
4130	322.63(2)(d) and (6), 322.64(1), (2), (7)(a), (8)(b),
4131	(14), and (15), 323.001(4)(f), 324.023, 324.131,
4132	327.35(6), 337.195(1), 440.02(17)(c), 440.09(7)(b),
4133	493.6106(1)(d), 627.7275(2)(a), 627.758(4), 790.06(2)(f)
4134	and (10)(f), 903.36(2), and 907.041(4)(c), F.S., relating
4135	to written reports of crashes, obedience to and effect of
4136	traffic laws, tests for alcohol, chemical substances, or
4137	controlled substances, implied consent, refusal, blood
4138	test for impairment or intoxication in cases of death or
4139	serious bodily injury, right to use reasonable force,
4140	ignition interlock devices, requiring, unlawful acts,
4141	refusal to submit to testing, penalties, mandatory
4142	adjudication, prohibition against accepting plea to lesser
4143	included offense, sanctions for infractions by minors,
4144	offenses excepted, registration periods, renewal periods,
4145	drivers must be licensed, penalties, youthful drunk driver
4146	visitation program, license fees, procedure for handling
4147	and collecting fees, when court to forward license to
4148	department and report convictions, temporary reinstatement
4149	of driving privileges, mandatory revocation of license by
4150	department, suspension of license, right to review,
4151	suspension of license, persons under 21 years of age,
4152	right to review, "habitual traffic offender" defined,
4153	authority to modify revocation, cancellation, or
4154	suspension order, ignition interlock device, period of
4155	suspension or revocation, procedure when court revokes or
4156	suspends license or driving privilege and orders
4157	reinstatement, driver improvement schools or dui programs,
4158	required in certain suspension and revocation cases,
4159	driving while license suspended, revoked, canceled, or
4160	disqualified, driving under the influence, commercial
4161	motor vehicle operators, alcohol or drug testing,
4162	commercial motor vehicle operators, holder of commercial
4163	driver's license, driving with unlawful blood-alcohol
4164	level, refusal to submit to breath, urine, or blood test,
4165	wrecker operator storage facilities, vehicle holds,
4166	financial responsibility for bodily injury or death,
4167	period of suspension, boating under the influence,
4168	penalties, "designated drivers," limits on liability,
4169	definitions, coverage, license requirements, posting,
4170	motor vehicle liability, surety on auto club traffic
4171	arrest bond, conditions, limit, bail bond, license to
4172	carry concealed weapon or firearm, guaranteed arrest bond
4173	certificates as cash bail, and pretrial detention and
4174	release, to incorporate references in changes made by the
4175	act; providing effective dates.
4176

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