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Senator Baker moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Paragraph (h) of subsection (2) of section

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20.23, Florida Statutes, is amended to read:

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     20.23  Department of Transportation.--There is created a

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Department of Transportation which shall be a decentralized

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agency.

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     (2)

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     (h)  The commission shall appoint an executive director and

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assistant executive director, who shall serve under the

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direction, supervision, and control of the commission. The

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executive director, with the consent of the commission, shall

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employ such staff as are necessary to perform adequately the

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functions of the commission, within budgetary limitations. All

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employees of the commission are exempt from part II of chapter

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110 and shall serve at the pleasure of the commission. The salary

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and benefits of the executive director shall be set in accordance

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with the Senior Management Service. The salaries and benefits of

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all other employees of the commission shall be set in accordance

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with the Selected Exempt Service; provided, however, that the

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commission has shall have complete authority for fixing the

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salary of the executive director and assistant executive

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director.

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     Section 2.  Subsection (5) of section 125.42, Florida

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Statutes, is amended to read:

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     125.42  Water, sewage, gas, power, telephone, other utility,

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and television lines along county roads and highways.--

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     (5)  In the event of widening, repair, or reconstruction of

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any such road, the licensee shall move or remove such water,

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sewage, gas, power, telephone, and other utility lines and

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television lines at no cost to the county except as provided in

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s. 337.403(1)(e).

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     Section 3.  Paragraphs (a), (h), and (j) of subsection (6)

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of section 163.3177, Florida Statutes, are amended to read:

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     163.3177  Required and optional elements of comprehensive

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plan; studies and surveys.--

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     (6)  In addition to the requirements of subsections (1)-(5)

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and (12), the comprehensive plan shall include the following

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elements:

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     (a)  A future land use plan element designating proposed

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future general distribution, location, and extent of the uses of

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land for residential uses, commercial uses, industry,

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agriculture, recreation, conservation, education, public

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buildings and grounds, other public facilities, and other

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categories of the public and private uses of land. Counties are

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encouraged to designate rural land stewardship areas, pursuant to

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the provisions of paragraph (11)(d), as overlays on the future

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land use map. Each future land use category must be defined in

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terms of uses included, and must include standards to be followed

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in the control and distribution of population densities and

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building and structure intensities. The proposed distribution,

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location, and extent of the various categories of land use shall

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be shown on a land use map or map series which shall be

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supplemented by goals, policies, and measurable objectives. The

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future land use plan shall be based upon surveys, studies, and

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data regarding the area, including the amount of land required to

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accommodate anticipated growth; the projected population of the

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area; the character of undeveloped land; the availability of

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water supplies, public facilities, and services; the need for

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redevelopment, including the renewal of blighted areas and the

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elimination of nonconforming uses which are inconsistent with the

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character of the community; the compatibility of uses on lands

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adjacent to or closely proximate to military installations; lands

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adjacent to an airport as defined in s. 330.35 and consistent

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with provisions in s. 333.02; and, in rural communities, the need

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for job creation, capital investment, and economic development

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that will strengthen and diversify the community's economy. The

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future land use plan may designate areas for future planned

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development use involving combinations of types of uses for which

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special regulations may be necessary to ensure development in

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accord with the principles and standards of the comprehensive

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plan and this act. The future land use plan element shall include

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criteria to be used to achieve the compatibility of adjacent or

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closely proximate lands with military installations; lands

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adjacent to an airport as defined in s. 330.35 and consistent

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with provisions in s. 333.02. In addition, for rural communities,

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the amount of land designated for future planned industrial use

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shall be based upon surveys and studies that reflect the need for

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job creation, capital investment, and the necessity to strengthen

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and diversify the local economies, and shall not be limited

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solely by the projected population of the rural community. The

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future land use plan of a county may also designate areas for

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possible future municipal incorporation. The land use maps or map

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series shall generally identify and depict historic district

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boundaries and shall designate historically significant

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properties meriting protection. For coastal counties, the future

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land use element must include, without limitation, regulatory

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incentives and criteria that encourage the preservation of

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recreational and commercial working waterfronts as defined in s.

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342.07. The future land use element must clearly identify the

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land use categories in which public schools are an allowable use.

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When delineating the land use categories in which public schools

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are an allowable use, a local government shall include in the

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categories sufficient land proximate to residential development

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to meet the projected needs for schools in coordination with

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public school boards and may establish differing criteria for

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schools of different type or size. Each local government shall

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include lands contiguous to existing school sites, to the maximum

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extent possible, within the land use categories in which public

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schools are an allowable use. The failure by a local government

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to comply with these school siting requirements will result in

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the prohibition of the local government's ability to amend the

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local comprehensive plan, except for plan amendments described in

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s. 163.3187(1)(b), until the school siting requirements are met.

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Amendments proposed by a local government for purposes of

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identifying the land use categories in which public schools are

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an allowable use are exempt from the limitation on the frequency

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of plan amendments contained in s. 163.3187. The future land use

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element shall include criteria that encourage the location of

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schools proximate to urban residential areas to the extent

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possible and shall require that the local government seek to

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collocate public facilities, such as parks, libraries, and

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community centers, with schools to the extent possible and to

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encourage the use of elementary schools as focal points for

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neighborhoods. For schools serving predominantly rural counties,

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defined as a county with a population of 100,000 or fewer, an

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agricultural land use category shall be eligible for the location

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of public school facilities if the local comprehensive plan

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contains school siting criteria and the location is consistent

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with such criteria. Local governments required to update or amend

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their comprehensive plan to include criteria and address

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compatibility of lands adjacent to an airport as defined in s.

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330.35 and consistent with provisions in s. 333.02 adjacent or

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closely proximate lands with existing military installations in

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their future land use plan element shall transmit the update or

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amendment to the state land planning agency department by June

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30, 2011 2006.

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     (h)1.  An intergovernmental coordination element showing

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relationships and stating principles and guidelines to be used in

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the accomplishment of coordination of the adopted comprehensive

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plan with the plans of school boards, regional water supply

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authorities, and other units of local government providing

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services but not having regulatory authority over the use of

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land, with the comprehensive plans of adjacent municipalities,

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the county, adjacent counties, or the region, with the state

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comprehensive plan and with the applicable regional water supply

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plan approved pursuant to s. 373.0361, as the case may require

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and as such adopted plans or plans in preparation may exist. This

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element of the local comprehensive plan shall demonstrate

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consideration of the particular effects of the local plan, when

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adopted, upon the development of adjacent municipalities, the

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county, adjacent counties, or the region, or upon the state

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comprehensive plan, as the case may require.

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     a.  The intergovernmental coordination element shall provide

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for procedures to identify and implement joint planning areas,

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especially for the purpose of annexation, municipal

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incorporation, and joint infrastructure service areas.

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     b.  The intergovernmental coordination element shall provide

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for recognition of campus master plans prepared pursuant to s.

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1013.30, and airport master plans pursuant to paragraph (k).

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     c.  The intergovernmental coordination element may provide

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for a voluntary dispute resolution process as established

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pursuant to s. 186.509 for bringing to closure in a timely manner

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intergovernmental disputes. A local government may develop and

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use an alternative local dispute resolution process for this

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purpose.

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     d. The intergovernmental coordination element shall provide

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for interlocal agreements, as established pursuant to s.

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333.03(1)(b).

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     2.  The intergovernmental coordination element shall further

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state principles and guidelines to be used in the accomplishment

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of coordination of the adopted comprehensive plan with the plans

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of school boards and other units of local government providing

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facilities and services but not having regulatory authority over

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the use of land. In addition, the intergovernmental coordination

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element shall describe joint processes for collaborative planning

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and decisionmaking on population projections and public school

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siting, the location and extension of public facilities subject

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to concurrency, and siting facilities with countywide

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significance, including locally unwanted land uses whose nature

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and identity are established in an agreement. Within 1 year of

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adopting their intergovernmental coordination elements, each

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county, all the municipalities within that county, the district

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school board, and any unit of local government service providers

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in that county shall establish by interlocal or other formal

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agreement executed by all affected entities, the joint processes

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described in this subparagraph consistent with their adopted

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intergovernmental coordination elements.

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     3.  To foster coordination between special districts and

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local general-purpose governments as local general-purpose

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governments implement local comprehensive plans, each independent

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special district must submit a public facilities report to the

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appropriate local government as required by s. 189.415.

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     4.a.  Local governments must execute an interlocal agreement

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with the district school board, the county, and nonexempt

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municipalities pursuant to s. 163.31777. The local government

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shall amend the intergovernmental coordination element to provide

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that coordination between the local government and school board

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is pursuant to the agreement and shall state the obligations of

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the local government under the agreement.

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     b.  Plan amendments that comply with this subparagraph are

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exempt from the provisions of s. 163.3187(1).

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     5.  The state land planning agency shall establish a

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schedule for phased completion and transmittal of plan amendments

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to implement subparagraphs 1., 2., and 3. from all jurisdictions

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so as to accomplish their adoption by December 31, 1999. A local

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government may complete and transmit its plan amendments to carry

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out these provisions prior to the scheduled date established by

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the state land planning agency. The plan amendments are exempt

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from the provisions of s. 163.3187(1).

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     6.  By January 1, 2004, any county having a population

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greater than 100,000, and the municipalities and special

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districts within that county, shall submit a report to the

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Department of Community Affairs which:

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     a.  Identifies all existing or proposed interlocal service

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delivery agreements regarding the following: education; sanitary

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sewer; public safety; solid waste; drainage; potable water; parks

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and recreation; and transportation facilities.

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     b.  Identifies any deficits or duplication in the provision

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of services within its jurisdiction, whether capital or

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operational. Upon request, the Department of Community Affairs

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shall provide technical assistance to the local governments in

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identifying deficits or duplication.

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     7.  Within 6 months after submission of the report, the

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Department of Community Affairs shall, through the appropriate

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regional planning council, coordinate a meeting of all local

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governments within the regional planning area to discuss the

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reports and potential strategies to remedy any identified

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deficiencies or duplications.

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     8.  Each local government shall update its intergovernmental

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coordination element based upon the findings in the report

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submitted pursuant to subparagraph 6. The report may be used as

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supporting data and analysis for the intergovernmental

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coordination element.

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     (j)  For each unit of local government within an urbanized

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area designated for purposes of s. 339.175, a transportation

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element, which shall be prepared and adopted in lieu of the

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requirements of paragraph (b) and paragraphs (7)(a), (b), (c),

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and (d) and which shall address the following issues:

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     1.  Traffic circulation, including major thoroughfares and

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other routes, including bicycle and pedestrian ways.

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     2.  All alternative modes of travel, such as public

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transportation, pedestrian, and bicycle travel.

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     3.  Parking facilities.

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     4.  Aviation, rail, seaport facilities, access to those

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facilities, and intermodal terminals.

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     5.  The availability of facilities and services to serve

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existing land uses and the compatibility between future land use

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and transportation elements.

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     6.  The capability to evacuate the coastal population prior

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to an impending natural disaster.

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     7.  Airports, projected airport and aviation development,

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and land use compatibility around airports that includes areas

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defined in s. 333.01 and s. 333.02.

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     8.  An identification of land use densities, building

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intensities, and transportation management programs to promote

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public transportation systems in designated public transportation

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corridors so as to encourage population densities sufficient to

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support such systems.

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     9.  May include transportation corridors, as defined in s.

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334.03, intended for future transportation facilities designated

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pursuant to s. 337.273. If transportation corridors are

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designated, the local government may adopt a transportation

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corridor management ordinance.

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     Section 4.  Subsection (3) of section 163.3178, Florida

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Statutes, is amended to read:

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     163.3178  Coastal management.--

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     (3)  Expansions to port harbors, spoil disposal sites,

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navigation channels, turning basins, harbor berths, and other

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related inwater harbor facilities of ports listed in s.

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403.021(9); port transportation facilities and projects listed in

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s. 311.07(3)(b); and intermodal transportation facilities

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identified pursuant to s. 311.09(3); and facilities determined by

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the Department of Community Affairs and the applicable general-

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purpose local government to be port-related industrial or

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commercial projects located within 3 miles of or in the port

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master plan area which rely upon the utilization of port and

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intermodal transportation facilities shall not be developments of

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regional impact where such expansions, projects, or facilities

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are consistent with comprehensive master plans that are in

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compliance with this section.

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     Section 5.  Subsections (9) and (12) of section 163.3180,

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Florida Statutes, are amended to read:

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     163.3180  Concurrency.--

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     (9)(a)  Each local government may adopt as a part of its

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plan, long-term transportation and school concurrency management

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systems with a planning period of up to 10 years for specially

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designated districts or areas where significant backlogs exist.

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The plan may include interim level-of-service standards on

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certain facilities and shall rely on the local government's

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schedule of capital improvements for up to 10 years as a basis

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for issuing development orders that authorize commencement of

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construction in these designated districts or areas. The

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concurrency management system must be designed to correct

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existing deficiencies and set priorities for addressing

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backlogged facilities. The concurrency management system must be

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financially feasible and consistent with other portions of the

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adopted local plan, including the future land use map.

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     (b)  If a local government has a transportation or school

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facility backlog for existing development which cannot be

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adequately addressed in a 10-year plan, the state land planning

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agency may allow it to develop a plan and long-term schedule of

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capital improvements covering up to 15 years for good and

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sufficient cause, based on a general comparison between that

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local government and all other similarly situated local

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jurisdictions, using the following factors:

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     1.  The extent of the backlog.

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     2.  For roads, whether the backlog is on local or state

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roads.

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     3.  The cost of eliminating the backlog.

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     4.  The local government's tax and other revenue-raising

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efforts.

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     (c)  The local government may issue approvals to commence

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construction notwithstanding this section, consistent with and in

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areas that are subject to a long-term concurrency management

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system.

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     (d)  If the local government adopts a long-term concurrency

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management system, it must evaluate the system periodically. At a

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minimum, the local government must assess its progress toward

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improving levels of service within the long-term concurrency

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management district or area in the evaluation and appraisal

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report and determine any changes that are necessary to accelerate

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progress in meeting acceptable levels of service.

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     (e) The Department of Transportation shall establish an

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approved transportation methodology that recognizes that a

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planned, sustainable development of regional impact is likely to

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achieve an internal capture rate greater than 30 percent when

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fully developed. The transportation methodology must use a

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regional transportation model that incorporates professionally

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accepted modeling techniques applicable to well-planned,

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sustainable communities of the size, location, mix of uses, and

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design features consistent with such communities. The adopted

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transportation methodology shall serve as the basis for

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sustainable development traffic impact assessments by the

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department. The methodology review must be completed and in use

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by March 1, 2009.

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     (12)  A development of regional impact may satisfy the

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transportation concurrency requirements of the local

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comprehensive plan, the local government's concurrency management

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system, and s. 380.06 by payment of a proportionate-share

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contribution for local and regionally significant traffic

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impacts, if:

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     (a)  The development of regional impact which, based on its

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location or mix of land uses, is designed to encourage pedestrian

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or other nonautomotive modes of transportation;

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     (b)  The proportionate-share contribution for local and

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regionally significant traffic impacts is sufficient to pay for

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one or more required mobility improvements that will benefit a

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regionally significant transportation facility;

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     (c)  The owner and developer of the development of regional

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impact pays or assures payment of the proportionate-share

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contribution; and

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     (d)  If the regionally significant transportation facility

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to be constructed or improved is under the maintenance authority

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of a governmental entity, as defined by s. 334.03(12), other than

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the local government with jurisdiction over the development of

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regional impact, the developer is required to enter into a

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binding and legally enforceable commitment to transfer funds to

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the governmental entity having maintenance authority or to

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otherwise assure construction or improvement of the facility.

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The proportionate-share contribution may be applied to any

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transportation facility to satisfy the provisions of this

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subsection and the local comprehensive plan, but, for the

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purposes of this subsection, the amount of the proportionate-

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share contribution shall be calculated based upon the cumulative

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number of trips from the proposed development expected to reach

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roadways during the peak hour from the complete buildout of a

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stage or phase being approved, divided by the change in the peak

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hour maximum service volume of roadways resulting from

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construction of an improvement necessary to maintain the adopted

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level of service, multiplied by the construction cost, at the

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time of developer payment, of the improvement necessary to

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maintain the adopted level of service. The determination of

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mitigation for a subsequent phase or stage of development shall

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account for any mitigation required by the development order and

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provided by the developer for any earlier phase or stage,

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calculated at present value. For purposes of this subsection, the

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term "present value" means the fair market value of right-of-way

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at the time of contribution or the actual dollar value of the

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construction improvements contribution adjusted by the Consumer

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Price Index. For purposes of this subsection, "construction cost"

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includes all associated costs of the improvement. Proportionate-

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share mitigation shall be limited to ensure that a development of

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regional impact meeting the requirements of this subsection

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mitigates its impact on the transportation system but is not

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responsible for the additional cost of reducing or eliminating

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backlogs. For purposes of this subsection, "backlogged

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transportation facility" is defined as one on which the adopted

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level-of-service standard is exceeded by the existing trips plus

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committed trips. A developer may not be required to fund or

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construct proportionate share mitigation for any backlogged

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transportation facility which is more extensive than mitigation

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necessary to offset the impact of the development project in

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question. This subsection also applies to Florida Quality

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Developments pursuant to s. 380.061 and to detailed specific area

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plans implementing optional sector plans pursuant to s. 163.3245.

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     Section 6.  Paragraph (c) is added to subsection (2) of

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section 163.3182, Florida Statutes, and paragraph (d) of

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subsection (3), paragraph (a) of subsection (4), and subsections

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(5) and (8) of that section are amended, to read:

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     163.3182  Transportation concurrency backlogs.--

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     (2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG

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AUTHORITIES.--

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     (c) The Legislature finds and declares that there exists in

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many counties and municipalities areas with significant

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transportation deficiencies and inadequate transportation

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facilities; that many such insufficiencies and inadequacies

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severely limit or prohibit the satisfaction of transportation

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concurrency standards; that such transportation insufficiencies

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and inadequacies affect the health, safety, and welfare of the

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residents of such counties and municipalities; that such

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transportation insufficiencies and inadequacies adversely affect

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economic development and growth of the tax base for the areas in

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which such insufficiencies and inadequacies exist; and that the

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elimination of transportation deficiencies and inadequacies and

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the satisfaction of transportation concurrency standards are

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paramount public purposes for the state and its counties and

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municipalities.

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     (3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG

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AUTHORITY.--Each transportation concurrency backlog authority has

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the powers necessary or convenient to carry out the purposes of

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this section, including the following powers in addition to

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others granted in this section:

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     (d) To borrow money, including, but not limited to, issuing

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debt obligations, such as, but not limited to, bonds, notes,

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certificates, and similar debt instruments; to apply for and

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accept advances, loans, grants, contributions, and any other

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forms of financial assistance from the Federal Government or the

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state, county, or any other public body or from any sources,

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public or private, for the purposes of this part; to give such

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security as may be required; to enter into and carry out

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contracts or agreements; and to include in any contracts for

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financial assistance with the Federal Government for or with

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respect to a transportation concurrency backlog project and

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related activities such conditions imposed pursuant to federal

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laws as the transportation concurrency backlog authority

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considers reasonable and appropriate and which are not

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inconsistent with the purposes of this section.

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     (4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--

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     (a)  Each transportation concurrency backlog authority shall

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adopt a transportation concurrency backlog plan as a part of the

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local government comprehensive plan within 6 months after the

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creation of the authority. The plan shall:

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     1.  Identify all transportation facilities that have been

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designated as deficient and require the expenditure of moneys to

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upgrade, modify, or mitigate the deficiency.

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     2.  Include a priority listing of all transportation

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facilities that have been designated as deficient and do not

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satisfy concurrency requirements pursuant to s. 163.3180, and the

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applicable local government comprehensive plan.

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     3.  Establish a schedule for financing and construction of

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transportation concurrency backlog projects that will eliminate

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transportation concurrency backlogs within the jurisdiction of

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the authority within 10 years after the transportation

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concurrency backlog plan adoption. The schedule shall be adopted

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as part of the local government comprehensive plan.

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Notwithstanding such schedule requirements, as long as the

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schedule provides for the elimination of all transportation

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concurrency backlogs within 10 years after the adoption of the

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concurrency backlog plan, the final maturity date of any debt

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incurred to finance or refinance the related projects may be no

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later than 40 years after the date such debt is incurred and the

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authority may continue operations and administer the trust fund

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established as provided in subsection (5) for as long as such

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debt remains outstanding.

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     (5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation

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concurrency backlog authority shall establish a local

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transportation concurrency backlog trust fund upon creation of

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the authority. Each local trust fund shall be administered by the

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transportation concurrency backlog authority within which a

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transportation concurrency backlog has been identified. Each

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local trust fund shall continue to be funded pursuant to this

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section for as long as the projects set forth in the related

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transportation concurrency backlog plan remain to be completed or

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until any debt incurred to finance or refinance the related

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projects are no longer outstanding, whichever occurs later.

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Beginning in the first fiscal year after the creation of the

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authority, each local trust fund shall be funded by the proceeds

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of an ad valorem tax increment collected within each

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transportation concurrency backlog area to be determined annually

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and shall be a minimum of 25 percent of the difference between

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the amounts set forth in paragraphs (a) and (b), except that if

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all of the affected taxing authorities agree pursuant to an

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interlocal agreement, a particular local trust fund may be funded

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by the proceeds of an ad valorem tax increment greater than 25

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percent of the difference between the amounts set forth in

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paragraphs (a) and (b):

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     (a)  The amount of ad valorem tax levied each year by each

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taxing authority, exclusive of any amount from any debt service

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millage, on taxable real property contained within the

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jurisdiction of the transportation concurrency backlog authority

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and within the transportation backlog area; and

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     (b)  The amount of ad valorem taxes which would have been

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produced by the rate upon which the tax is levied each year by or

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for each taxing authority, exclusive of any debt service millage,

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upon the total of the assessed value of the taxable real property

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within the transportation concurrency backlog area as shown on

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the most recent assessment roll used in connection with the

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taxation of such property of each taxing authority prior to the

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effective date of the ordinance funding the trust fund.

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     (8)  DISSOLUTION.--Upon completion of all transportation

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concurrency backlog projects and repayment or defeasance of all

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debt issued to finance or refinance such projects, a

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transportation concurrency backlog authority shall be dissolved,

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and its assets and liabilities shall be transferred to the county

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or municipality within which the authority is located. All

502

remaining assets of the authority must be used for implementation

503

of transportation projects within the jurisdiction of the

504

authority. The local government comprehensive plan shall be

505

amended to remove the transportation concurrency backlog plan.

506

     Section 7. The Legislature finds that prudent and sound

507

infrastructure investments by the State Board of Administration

508

of funds from the Lawton Chiles Endowment Fund in Florida

509

infrastructure, specifically state-owned toll roads and toll

510

facilities, which have potential to earn stable and competitive

511

returns will serve the broad interests of the beneficiaries of

512

the trust fund. The Legislature further finds that such

513

infrastructure investments are being made by public investment

514

funds worldwide and are being made or evaluated by public

515

investment funds in many other states in this country. Therefore,

516

it is a policy of this state that the State Board of

517

Administration identify and invest in Florida infrastructure

518

investments if such investments are consistent with and do not

519

compromise or conflict with the obligations of the State Board of

520

Administration.

521

     Section 8.  Subsection (5) of section 215.44, Florida

522

Statutes, is amended to read:

523

     215.44  Board of Administration; powers and duties in

524

relation to investment of trust funds.--

525

     (5)  On or before January 1 of each year, the board shall

526

provide to the Legislature a report including the following items

527

for each fund which, by law, has been entrusted to the board for

528

investment:

529

     (a)  A schedule of the annual beginning and ending asset

530

values and changes and sources of changes in the asset value of:

531

     1.  Each fund managed by the board; and

532

     2.  Each asset class and portfolio within the Florida

533

Retirement System Trust Fund;

534

     (b)  A description of the investment policy for each fund,

535

and changes in investment policy for each fund since the previous

536

annual report;

537

     (c)  A description of compliance with investment strategy

538

for each fund;

539

     (d)  A description of the risks inherent in investing in

540

financial instruments of the major asset classes held in the

541

fund; and

542

     (e) A summary of the type and amount of infrastructure

543

investments held in the fund; and

544

     (f)(e) Other information deemed of interest by the

545

executive director of the board.

546

     Section 9.  Subsection (14) of section 215.47, Florida

547

Statutes, is amended to read:

548

     215.47  Investments; authorized securities; loan of

549

securities.--Subject to the limitations and conditions of the

550

State Constitution or of the trust agreement relating to a trust

551

fund, moneys available for investments under ss. 215.44-215.53

552

may be invested as follows:

553

     (14) With no more in aggregate than 10 5 percent of any

554

fund in alternative investments, as defined in s.

555

215.44(8)(c)1.a., through participation in the vehicles defined

556

in s. 215.44(8)(c)1.b. or infrastructure investments or

557

securities or investments that are not publicly traded and are

558

not otherwise authorized by this section. As used in this

559

subsection, the term "infrastructure investments" includes, but

560

is not limited to, investments in transportation, communication,

561

social, and utility infrastructure assets that have from time to

562

time been owned and operated or funded by governments.

563

Infrastructure assets include, but are not limited to, toll

564

roads, toll facilities, tunnels, rail facilities, intermodal

565

facilities, airports, seaports, water distribution, sewage and

566

desalination treatment facilities, cell towers, cable networks,

567

broadcast towers, and energy production and transmission

568

facilities. Investments that are the subject of this subsection

569

may be effected through separate accounts, commingled vehicles,

570

including, but not limited to, limited partnerships or limited

571

liability companies, and direct equity, debt, mezzanine, claims,

572

leases, or other financial arrangements without reference to

573

limitations within this section. Expenditures associated with the

574

acquisition and operation of actual or potential infrastructure

575

assets shall be included as part of the cost of infrastructure

576

investment.

577

     Section 10.  Paragraph (f) is added to subsection (4) of

578

section 215.5601, Florida Statutes, to read:

579

     215.5601  Lawton Chiles Endowment Fund.--

580

     (4)  ADMINISTRATION.--

581

     (f) Notwithstanding other provisions of law, the board,

582

consistent with its fiduciary duties, shall lease, for up to 50

583

years in whole or in part, the Alligator Alley from the

584

Department of Transportation using funds in the endowment if such

585

investments are determined to provide an adequate rate of return

586

to the endowment considering all investment risks involved, and

587

if the amount of such investments is not less than 20 percent and

588

not more than 50 percent of the assets of the endowment at the

589

time. The State Board of Administration shall make such

590

investments prior to the end of the 2009-2010 fiscal year, and

591

shall strive to make such investments prior to the end of the

592

2008-2009 fiscal year, consistent with its fiduciary duties. The

593

board shall make a progress report to the President of the Senate

594

and the Speaker of the House of Representatives by March 1, 2009.

595

The board may contract with the Department of Transportation,

596

other governmental entities, public benefit corporations, or

597

private-sector entities, as appropriate, to operate and maintain

598

the toll facility consistent with applicable federal and state

599

laws and rules.

600

     Section 11.  Section 334.305, Florida Statutes, is created

601

to read:

602

     334.305 Lease of transportation facilities.--The

603

Legislature finds and declares that there is a public need for

604

the lease of transportation facilities to assist in the funding

605

of the rapid construction of other safe and efficient

606

transportation facilities for the purpose of promoting the

607

mobility of persons and goods within this state, and that it is

608

in the public's interest to provide for such lease to advance the

609

construction of additional safe, convenient, and economical

610

transportation facilities. The Legislature further finds and

611

declares that any lease agreement of transportation facilities by

612

and between the State Board of Administration, acting on behalf

613

of a trust fund, and the department, shall be and remain fair to

614

the beneficiaries of such trust fund and that any such agreement

615

and the resulting infrastructure investment shall not be impaired

616

by any act of this state or of any local government of this

617

state.

618

     (1)(a) The department is authorized to enter into a lease

619

agreement for up to 50 years with the State Board of

620

Administration for Alligator Alley. Before approval, the

621

department must determine that the proposed lease is in the

622

public's best interest. The department and the State Board of

623

Administration may separately engage the services of private

624

consultants to assist in developing the lease agreement. In the

625

terms and conditions of the lease agreement, the State Board of

626

Administration, acting on behalf of trust fund participants and

627

beneficiaries, shall not be disadvantaged relative to industry

628

standard terms and conditions for institutional infrastructure

629

investments. For the purpose of this section, the lease agreement

630

may be maintained as an asset within a holding company

631

established by the State Board of Administration and the holding

632

company may sell noncontrolling divisible interests, units, or

633

notes.

634

     (b) The department shall deposit all funds received from a

635

lease agreement pursuant to this section into the State

636

Transportation Trust Fund.

637

     (2) Agreements entered into pursuant to this section must

638

provide for annual financial analysis of revenues and expenses

639

required by the lease agreement and for any annual toll increases

640

necessary to ensure that the terms of the lease agreement are

641

met. The following provisions shall apply to such agreement:

642

     (a) The department shall lease, for up to 50 years and in

643

whole or in part, Alligator Alley to the State Board of

644

Administration. The lease agreement must ensure that the

645

transportation facility is properly operated, maintained,

646

reconstructed, and restored in accordance with state and federal

647

laws and commercial standards applicable to other comparable

648

infrastructure investments.

649

     (b) Any toll revenues shall be regulated pursuant to this

650

section and any provisions of s. 338.165(3) not in conflict with

651

this section. The regulations governing the future increase of

652

toll or fare revenues shall be included in the lease agreement,

653

shall provide an adequate rate of return considering all risks

654

involved, and may not subsequently be waived without prior

655

express consent of the State Board of Administration.

656

     (c) If any law or rule of the state or any local government

657

or any state constitutional amendment is enacted which has the

658

effect of materially impairing the lease agreement or the related

659

infrastructure investment, directly or indirectly, the state,

660

acting through the department or any other agency, shall

661

immediately take action to remedy the situation by any means

662

available, including taking back the leased infrastructure assets

663

and making whole the effected trust fund. This provision may be

664

enforced by legal or equitable action brought on behalf of the

665

effected trust fund without regard to sovereign immunity.

666

     (d) The department shall provide an independent analysis

667

that demonstrates the cost-effectiveness and overall public

668

benefit of the lease to the Legislature. Prior to completing the

669

lease, in whole or in part, of Alligator Alley, the department

670

shall submit pursuant to chapter 216 any budget amendments

671

necessary for the expenditure of moneys received pursuant to the

672

agreement for the operation and maintenance of the toll facility.

673

     (e) Prior to the development of the lease agreement, the

674

department, in consultation and concurrence with the State Board

675

of Administration, shall provide an investment-grade traffic and

676

revenue study prepared by a qualified and internationally

677

recognized traffic and revenue expert which is accepted by the

678

national bond rating agencies. The State Board of Administration

679

may use independent experts to review or conduct such studies.

680

     (f) The agreement between the department and the State

681

Board of Administration shall contain a provision that the

682

department shall expend any funds received under this agreement

683

only on transportation projects. The department is accountable

684

for funds from the endowment which have been paid by the board.

685

The board is not responsible for the proper expenditure of or

686

accountability concerning funds from the endowment after payment

687

to the department.

688

     (3) The agreement for each toll facility leased, in whole

689

or in part, pursuant to this section shall specify the

690

requirements of federal, state, and local laws; state, regional,

691

and local comprehensive plans; and department specifications for

692

construction and engineering of roads and bridges.

693

     (4) The department may provide services to the State Board

694

of Administration. Agreements for maintenance, law enforcement

695

activities, and other services entered into pursuant to this

696

section shall provide for full reimbursement for services

697

rendered.

698

     (5) Using funds received from such lease, the department

699

may submit a plan for approval to the Legislative Budget

700

Commission to advance projects programmed in the adopted 5-year

701

work program or projects increasing transportation capacity and

702

costing greater than $500 million in the 10-year Strategic

703

Intermodal Plan.

704

     (6) Notwithstanding s. 338.165 or any other provision of

705

law, any remaining toll revenue shall be used as established in

706

the lease agreement and in s. 338.26.

707

     Section 12. (1) This act does not prohibit the State Board

708

of Administration from pursuing or making infrastructure

709

investments, especially in government-owned infrastructure in

710

this state.

711

     (2) The State Board of Administration shall report to the

712

Legislature, prior to the 2009 regular legislative session, on

713

its ability to invest in infrastructure, including specifically

714

addressing its ability to invest in government-owned

715

infrastructure in this state.

716

     Section 13. The Legislature finds that road rage and

717

aggressive careless driving are a growing threat to the health,

718

safety, and welfare of the public. The intent of the Legislature

719

is to reduce road rage and aggressive careless driving, reduce

720

the incidence of drivers' interfering with the movement of

721

traffic, minimize crashes, and promote the orderly, free flow of

722

traffic on the roads and highways of the state.

723

     Section 14.  Subsection (86) is added to section 316.003,

724

Florida Statutes, to read:

725

     316.003  Definitions.--The following words and phrases, when

726

used in this chapter, shall have the meanings respectively

727

ascribed to them in this section, except where the context

728

otherwise requires:

729

     (86) ROAD RAGE.--The act of a driver or passenger to

730

intentionally injure or kill another driver, passenger, or

731

pedestrian, or to attempt or threaten to injure or kill another

732

driver, passenger, or pedestrian.

733

     Section 15.  Present subsection (3) of section 316.083,

734

Florida Statutes, is redesignated as subsection (4), and a new

735

subsection (3) is added to that section, to read:

736

     316.083  Overtaking and passing a vehicle.--The following

737

rules shall govern the overtaking and passing of vehicles

738

proceeding in the same direction, subject to those limitations,

739

exceptions, and special rules hereinafter stated:

740

     (3)(a) On roads, streets, or highways having two or more

741

lanes that allow movement in the same direction, a driver may not

742

continue to operate a motor vehicle in the furthermost left-hand

743

lane if the driver knows, or reasonably should know, that he or

744

she is being overtaken in that lane from the rear by a motor

745

vehicle traveling at a higher rate of speed.

746

     (b) Paragraph (a) does not apply to a driver operating a

747

motor vehicle in the furthermost left-hand lane if:

748

     1. The driver is driving the legal speed limit and is not

749

impeding the flow of traffic in the furthermost left-hand lane;

750

     2. The driver is in the process of overtaking a slower

751

motor vehicle in the adjacent right-hand lane for the purpose of

752

passing the slower moving vehicle so that the driver may move to

753

the adjacent right-hand lane;

754

     3. Conditions make the flow of traffic substantially the

755

same in all lanes or preclude the driver from moving to the

756

adjacent right-hand lane;

757

     4. The driver's movement to the adjacent right-hand lane

758

could endanger the driver or other drivers;

759

     5. The driver is directed by a law enforcement officer,

760

road sign, or road crew to remain in the furthermost left-hand

761

lane; or

762

     6. The driver is preparing to make a left turn.

763

     Section 16.  Section 316.1923, Florida Statutes, is amended

764

to read:

765

     316.1923  Aggressive careless driving.--

766

     (1) "Aggressive careless driving" means committing three

767

two or more of the following acts simultaneously or in

768

succession:

769

     (a)(1) Exceeding the posted speed as defined in s.

770

322.27(3)(d)5.b.

771

     (b)(2) Unsafely or improperly changing lanes as defined in

772

s. 316.085.

773

     (c)(3) Following another vehicle too closely as defined in

774

s. 316.0895(1).

775

     (d)(4) Failing to yield the right-of-way as defined in s.

776

316.079, s. 316.0815, or s. 316.123.

777

     (e)(5) Improperly passing or failing to yield to overtaking

778

vehicles as defined in s. 316.083, s. 316.084, or s. 316.085.

779

     (f)(6) Violating traffic control and signal devices as

780

defined in ss. 316.074 and 316.075.

781

     (2) Any person convicted of aggressive careless driving

782

shall be cited for a moving violation and punished as provided in

783

chapter 318, and by the accumulation of points as provided in s.

784

322.27, for each act of aggressive careless driving.

785

     (3) In addition to any fine or points administered under

786

subsection (2), a person convicted of aggressive careless driving

787

shall also pay:

788

     (a) Upon a first violation, a fine of $100.

789

     (b) Upon a second or subsequent conviction, a fine of not

790

less than $250 but not more than $500 and be subject to a

791

mandatory hearing under s. 318.19.

792

     (4) Moneys received from the increased fine imposed by

793

subsection (3) shall be remitted to the Department of Revenue and

794

deposited into the Department of Health Administrative Trust Fund

795

to provide financial support to verified trauma centers to ensure

796

the availability and accessibility of trauma services throughout

797

the state. Funds deposited into the Administrative Trust Fund

798

under this section shall be allocated as follows:

799

     (a) Twenty-five percent shall be allocated equally among

800

all Level I, Level II, and pediatric trauma centers in

801

recognition of readiness costs for maintaining trauma services.

802

     (b) Twenty-five percent shall be allocated among Level I,

803

Level II, and pediatric trauma centers based on each center's

804

relative volume of trauma cases as reported in the Department of

805

Health Trauma Registry.

806

     (c) Twenty-five percent shall be transferred to the

807

Emergency Medical Services Trust Fund and used by the department

808

for making matching grants to emergency medical services

809

organizations as defined in s. 401.107(4).

810

     (d) Twenty-five percent shall be transferred to the

811

Emergency Medical Services Trust Fund and made available to rural

812

emergency medical services as defined in s. 401.107(5), and shall

813

be used solely to improve and expand prehospital emergency

814

medical services in this state. Additionally, these moneys may be

815

used for the improvement, expansion, or continuation of services

816

provided.

817

     Section 17.  Section 318.19, Florida Statutes, is amended to

818

read:

819

     318.19  Infractions requiring a mandatory hearing.--Any

820

person cited for the infractions listed in this section shall not

821

have the provisions of s. 318.14(2), (4), and (9) available to

822

him or her but must appear before the designated official at the

823

time and location of the scheduled hearing:

824

     (1)  Any infraction which results in a crash that causes the

825

death of another;

826

     (2)  Any infraction which results in a crash that causes

827

"serious bodily injury" of another as defined in s. 316.1933(1);

828

     (3)  Any infraction of s. 316.172(1)(b);

829

     (4) Any infraction of s. 316.520(1) or (2); or

830

     (5)  Any infraction of s. 316.183(2), s. 316.187, or s.

831

316.189 of exceeding the speed limit by 30 m.p.h. or more; or.

832

     (6) A second or subsequent infraction of s. 316.1923(1).

833

     Section 18. The Department of Highway Safety and Motor

834

Vehicles shall provide information about road rage and aggressive

835

careless driving in all newly printed driver's license

836

educational materials after October 1, 2008.

837

     Section 19.  For the purpose of incorporating the amendments

838

made by this act to section 316.1923, Florida Statutes, in a

839

reference thereto, paragraph (a) of subsection (1) of section

840

316.650, Florida Statutes, is reenacted to read:

841

     316.650  Traffic citations.--

842

     (1)(a)  The department shall prepare, and supply to every

843

traffic enforcement agency in this state, an appropriate form

844

traffic citation containing a notice to appear (which shall be

845

issued in prenumbered books with citations in quintuplicate) and

846

meeting the requirements of this chapter or any laws of this

847

state regulating traffic, which form shall be consistent with the

848

state traffic court rules and the procedures established by the

849

department. The form shall include a box which is to be checked

850

by the law enforcement officer when the officer believes that the

851

traffic violation or crash was due to aggressive careless driving

852

as defined in s. 316.1923. The form shall also include a box

853

which is to be checked by the law enforcement officer when the

854

officer writes a uniform traffic citation for a violation of s.

855

316.074(1) or s. 316.075(1)(c)1. as a result of the driver

856

failing to stop at a traffic signal.

857

     Section 20.  Section 316.0741, Florida Statutes, is amended

858

to read:

859

     316.0741 High-occupancy-vehicle High occupancy vehicle

860

lanes.--

861

     (1) As used in this section, the term:

862

     (a) "High-occupancy-vehicle High occupancy vehicle lane" or

863

"HOV lane" means a lane of a public roadway designated for use by

864

vehicles in which there is more than one occupant unless

865

otherwise authorized by federal law.

866

     (b) "Hybrid vehicle" means a motor vehicle:

867

     1. That draws propulsion energy from onboard sources of

868

stored energy which are both an internal combustion or heat

869

engine using combustible fuel and a rechargeable energy-storage

870

system; and

871

     2. That, in the case of a passenger automobile or light

872

truck, has received a certificate of conformity under the Clean

873

Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the

874

equivalent qualifying California standards for a low-emission

875

vehicle.

876

     (2)  The number of persons that must be in a vehicle to

877

qualify for legal use of the HOV lane and the hours during which

878

the lane will serve as an HOV lane, if it is not designated as

879

such on a full-time basis, must also be indicated on a traffic

880

control device.

881

     (3) Except as provided in subsection (4), a vehicle may not

882

be driven in an HOV lane if the vehicle is occupied by fewer than

883

the number of occupants indicated by a traffic control device. A

884

driver who violates this section shall be cited for a moving

885

violation, punishable as provided in chapter 318.

886

     (4)(a) Notwithstanding any other provision of this section,

887

an inherently low-emission vehicle (ILEV) that is certified and

888

labeled in accordance with federal regulations may be driven in

889

an HOV lane at any time, regardless of its occupancy. In

890

addition, upon the state's receipt of written notice from the

891

proper federal regulatory agency authorizing such use, a vehicle

892

defined as a hybrid vehicle under this section may be driven in

893

an HOV lane at any time, regardless of its occupancy.

894

     (b) All eligible hybrid and all eligible other low-emission

895

and energy-efficient vehicles driven in an HOV lane must comply

896

with the minimum fuel economy standards in 23 U.S.C. s.

897

166(f)(3)(B).

898

     (c) Upon issuance of the applicable Environmental

899

Protection Agency final rule pursuant to 23 U.S.C. s. 166(e),

900

relating to the eligibility of hybrid and other low-emission and

901

energy-efficient vehicles for operation in an HOV lane regardless

902

of occupancy, the Department of Transportation shall review the

903

rule and recommend to the Legislature any statutory changes

904

necessary for compliance with the federal rule. The department

905

shall provide its recommendations no later than 30 days following

906

issuance of the final rule.

907

     (5) The department shall issue a decal and registration

908

certificate, to be renewed annually, reflecting the HOV lane

909

designation on such vehicles meeting the criteria in subsection

910

(4) authorizing driving in an HOV lane at any time such use. The

911

department may charge a fee for a decal, not to exceed the costs

912

of designing, producing, and distributing each decal, or $5,

913

whichever is less. The proceeds from sale of the decals shall be

914

deposited in the Highway Safety Operating Trust Fund. The

915

department may, for reasons of operation and management of HOV

916

facilities, limit or discontinue issuance of decals for the use

917

of HOV facilities by hybrid and low-emission and energy-efficient

918

vehicles, regardless of occupancy, if it has been determined by

919

the Department of Transportation that the facilities are degraded

920

as defined by 23 U.S.C. s. 166(d)(2).

921

     (6) Vehicles having decals by virtue of compliance with the

922

minimum fuel economy standards under 23 U.S.C. s. 166(f)(3)(B),

923

and which are registered for use in high-occupancy toll lanes or

924

express lanes in accordance with Department of Transportation

925

rule, shall be allowed to use any HOV lanes redesignated as high-

926

occupancy toll lanes or express lanes without payment of a toll.

927

     (5) As used in this section, the term "hybrid vehicle"

928

means a motor vehicle:

929

     (a) That draws propulsion energy from onboard sources of

930

stored energy which are both:

931

     1. An internal combustion or heat engine using combustible

932

fuel; and

933

     2. A rechargeable energy storage system; and

934

     (b) That, in the case of a passenger automobile or light

935

truck:

936

     1. Has received a certificate of conformity under the Clean

937

Air Act, 42 U.S.C. ss. 7401 et seq.; and

938

     2. Meets or exceeds the equivalent qualifying California

939

standards for a low-emission vehicle.

940

     (7)(6) The department may adopt rules necessary to

941

administer this section.

942

     Section 21.  Subsection (4) of section 316.193, Florida

943

Statutes, is amended to read:

944

     316.193  Driving under the influence; penalties.--

945

     (4)  Any person who is convicted of a violation of

946

subsection (1) and who has a blood-alcohol level or breath-

947

alcohol level of 0.15 0.20 or higher, or any person who is

948

convicted of a violation of subsection (1) and who at the time of

949

the offense was accompanied in the vehicle by a person under the

950

age of 18 years, shall be punished:

951

     (a)  By a fine of:

952

     1.  Not less than $500 or more than $1,000 for a first

953

conviction.

954

     2.  Not less than $1,000 or more than $2,000 for a second

955

conviction.

956

     3.  Not less than $2,000 for a third or subsequent

957

conviction.

958

     (b)  By imprisonment for:

959

     1.  Not more than 9 months for a first conviction.

960

     2.  Not more than 12 months for a second conviction.

961

962

For the purposes of this subsection, only the instant offense is

963

required to be a violation of subsection (1) by a person who has

964

a blood-alcohol level or breath-alcohol level of 0.15 0.20 or

965

higher.

966

     (c)  In addition to the penalties in paragraphs (a) and (b),

967

the court shall order the mandatory placement, at the convicted

968

person's sole expense, of an ignition interlock device approved

969

by the department in accordance with s. 316.1938 upon all

970

vehicles that are individually or jointly leased or owned and

971

routinely operated by the convicted person for not less than up

972

to 6 continuous months for the first offense and for not less

973

than at least 2 continuous years for a second offense, when the

974

convicted person qualifies for a permanent or restricted license.

975

The installation of such device may not occur before July 1,

976

2003.

977

     Section 22.  Subsections (1), (6), and (8) of section

978

316.302, Florida Statutes, are amended to read:

979

     316.302  Commercial motor vehicles; safety regulations;

980

transporters and shippers of hazardous materials; enforcement.--

981

     (1)(a)  All owners and drivers of commercial motor vehicles

982

that are operated on the public highways of this state while

983

engaged in interstate commerce are subject to the rules and

984

regulations contained in 49 C.F.R. parts 382, 385, and 390-397.

985

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

986

owners or drivers of commercial motor vehicles that are engaged

987

in intrastate commerce are subject to the rules and regulations

988

contained in 49 C.F.R. parts 382, 385, and 390-397, with the

989

exception of 49 C.F.R. s. 390.5 as it relates to the definition

990

of bus, as such rules and regulations existed on October 1, 2007

991

2005.

992

     (c)  Except as provided in s. 316.215(5), and except as

993

provided in s. 316.228 for rear overhang lighting and flagging

994

requirements for intrastate operations, the requirements of this

995

section supersede all other safety requirements of this chapter

996

for commercial motor vehicles.

997

     (6)  The state Department of Transportation shall perform

998

the duties that are assigned to the Field Administrator, Federal

999

Motor Carrier Safety Administration Regional Federal Highway

1000

Administrator under the federal rules, and an agent of that

1001

department, as described in s. 316.545(9), may enforce those

1002

rules.

1003

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

1004

enforcement officer of the Department of Transportation or duly

1005

appointed agent who holds a current safety inspector

1006

certification from the Commercial Vehicle Safety Alliance may

1007

require the driver of any commercial vehicle operated on the

1008

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

1009

vehicle or the driver's records. If the vehicle or driver is

1010

found to be operating in an unsafe condition, or if any required

1011

part or equipment is not present or is not in proper repair or

1012

adjustment, and the continued operation would present an unduly

1013

hazardous operating condition, the officer may require the

1014

vehicle or the driver to be removed from service pursuant to the

1015

North American Standard Uniform Out-of-Service Criteria, until

1016

corrected. However, if continuous operation would not present an

1017

unduly hazardous operating condition, the officer may give

1018

written notice requiring correction of the condition within 14

1019

days.

1020

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

1021

enforcement officer employed by a sheriff's office or municipal

1022

police department authorized to enforce the traffic laws of this

1023

state pursuant to s. 316.640 who has reason to believe that a

1024

vehicle or driver is operating in an unsafe condition may, as

1025

provided in subsection (10), enforce the provisions of this

1026

section.

1027

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

1028

request to submit to an inspection under this subsection commits

1029

a violation of s. 843.02 if the person resists the officer

1030

without violence or a violation of s. 843.01 if the person

1031

resists the officer with violence.

1032

     Section 23.  Subsection (2) of section 316.613, Florida

1033

Statutes, is amended to read:

1034

     316.613  Child restraint requirements.--

1035

     (2)  As used in this section, the term "motor vehicle" means

1036

a motor vehicle as defined in s. 316.003 which that is operated

1037

on the roadways, streets, and highways of the state. The term

1038

does not include:

1039

     (a)  A school bus as defined in s. 316.003(45).

1040

     (b)  A bus used for the transportation of persons for

1041

compensation, other than a bus regularly used to transport

1042

children to or from school, as defined in s. 316.615(1) (b), or

1043

in conjunction with school activities.

1044

     (c)  A farm tractor or implement of husbandry.

1045

     (d) A truck having a gross vehicle weight rating of more

1046

than 26,000 of net weight of more than 5,000 pounds.

1047

     (e)  A motorcycle, moped, or bicycle.

1048

     Section 24.  Paragraph (a) of subsection (3) of section

1049

316.614, Florida Statutes, is amended to read:

1050

     316.614  Safety belt usage.--

1051

     (3)  As used in this section:

1052

     (a)  "Motor vehicle" means a motor vehicle as defined in s.

1053

316.003 which that is operated on the roadways, streets, and

1054

highways of this state. The term does not include:

1055

     1.  A school bus.

1056

     2.  A bus used for the transportation of persons for

1057

compensation.

1058

     3.  A farm tractor or implement of husbandry.

1059

     4. A truck having a gross vehicle weight rating of more

1060

than 26,000 of a net weight of more than 5,000 pounds.

1061

     5.  A motorcycle, moped, or bicycle.

1062

     Section 25.  Paragraph (a) of subsection (2) of section

1063

316.656, Florida Statutes, is amended to read:

1064

     316.656  Mandatory adjudication; prohibition against

1065

accepting plea to lesser included offense.--

1066

     (2)(a)  No trial judge may accept a plea of guilty to a

1067

lesser offense from a person charged under the provisions of this

1068

act who has been given a breath or blood test to determine blood

1069

or breath alcohol content, the results of which show a blood or

1070

breath alcohol content by weight of 0.15 0.20 percent or more.

1071

     Section 26.  Subsection (9) of section 320.03, Florida

1072

Statutes, is amended to read:

1073

     320.03  Registration; duties of tax collectors;

1074

International Registration Plan.--

1075

     (9) A nonrefundable fee of $3 $1.50 shall be charged on the

1076

initial and renewal registration of each automobile for private

1077

use, and on the initial and renewal registration of each truck

1078

having a net weight of 5,000 pounds or less. Such fees shall be

1079

deposited in the Transportation Disadvantaged Trust Fund created

1080

in part I of chapter 427 and shall be used as provided therein,

1081

except that priority shall be given to the transportation needs

1082

of those who, because of age or physical and mental disability,

1083

are unable to transport themselves and are dependent upon others

1084

to obtain access to health care, employment, education, shopping,

1085

or other life-sustaining activities.

1086

     Section 27.  Section 322.64, Florida Statutes, is amended to

1087

read:

1088

     322.64 Holder of commercial driver's license; persons

1089

operating a commercial motor vehicle; driving with unlawful

1090

blood-alcohol level; refusal to submit to breath, urine, or blood

1091

test.--

1092

     (1)(a)  A law enforcement officer or correctional officer

1093

shall, on behalf of the department, disqualify from operating any

1094

commercial motor vehicle a person who while operating or in

1095

actual physical control of a commercial motor vehicle is arrested

1096

for a violation of s. 316.193, relating to unlawful blood-alcohol

1097

level or breath-alcohol level, or a person who has refused to

1098

submit to a breath, urine, or blood test authorized by s. 322.63

1099

arising out of the operation or actual physical control of a

1100

commercial motor vehicle. A law enforcement officer or

1101

correctional officer shall, on behalf of the department,

1102

disqualify the holder of a commercial driver's license from

1103

operating any commercial motor vehicle if the licenseholder,

1104

while operating or in actual physical control of a motor vehicle,

1105

is arrested for a violation of s. 316.193, relating to unlawful

1106

blood-alcohol level or breath-alcohol level, or refused to submit

1107

to a breath, urine, or blood test authorized by s. 322.63. Upon

1108

disqualification of the person, the officer shall take the

1109

person's driver's license and issue the person a 10-day temporary

1110

permit for the operation of noncommercial vehicles only if the

1111

person is otherwise eligible for the driving privilege and shall

1112

issue the person a notice of disqualification. If the person has

1113

been given a blood, breath, or urine test, the results of which

1114

are not available to the officer at the time of the arrest, the

1115

agency employing the officer shall transmit such results to the

1116

department within 5 days after receipt of the results. If the

1117

department then determines that the person was arrested for a

1118

violation of s. 316.193 and that the person had a blood-alcohol

1119

level or breath-alcohol level of 0.08 or higher, the department

1120

shall disqualify the person from operating a commercial motor

1121

vehicle pursuant to subsection (3).

1122

     (b)  The disqualification under paragraph (a) shall be

1123

pursuant to, and the notice of disqualification shall inform the

1124

driver of, the following:

1125

     1.a.  The driver refused to submit to a lawful breath,

1126

blood, or urine test and he or she is disqualified from operating

1127

a commercial motor vehicle for a period of 1 year, for a first

1128

refusal, or permanently, if he or she has previously been

1129

disqualified as a result of a refusal to submit to such a test;

1130

or

1131

     b. The driver was driving or in actual physical control of

1132

a commercial motor vehicle, or any motor vehicle if the driver

1133

holds a commercial driver's license, had an unlawful blood-

1134

alcohol level or breath-alcohol level of 0.08 or higher, and his

1135

or her driving privilege shall be disqualified for a period of 1

1136

year for a first offense or permanently if his or her driving

1137

privilege has been previously disqualified under this section.

1138

violated s. 316.193 by driving with an unlawful blood-alcohol

1139

level and he or she is disqualified from operating a commercial

1140

motor vehicle for a period of 6 months for a first offense or for

1141

a period of 1 year if he or she has previously been disqualified,

1142

or his or her driving privilege has been previously suspended,

1143

for a violation of s. 316.193.

1144

     2.  The disqualification period for operating commercial

1145

vehicles shall commence on the date of arrest or issuance of the

1146

notice of disqualification, whichever is later.

1147

     3.  The driver may request a formal or informal review of

1148

the disqualification by the department within 10 days after the

1149

date of arrest or issuance of the notice of disqualification,

1150

whichever is later.

1151

     4. The temporary permit issued at the time of arrest or

1152

disqualification expires will expire at midnight of the 10th day

1153

following the date of disqualification.

1154

     5.  The driver may submit to the department any materials

1155

relevant to the disqualification arrest.

1156

     (2)  Except as provided in paragraph (1)(a), the law

1157

enforcement officer shall forward to the department, within 5

1158

days after the date of the arrest or the issuance of the notice

1159

of disqualification, whichever is later, a copy of the notice of

1160

disqualification, the driver's license of the person disqualified

1161

arrested, and a report of the arrest, including, if applicable,

1162

an affidavit stating the officer's grounds for belief that the

1163

person disqualified arrested was operating or in actual physical

1164

control of a commercial motor vehicle, or holds a commercial

1165

driver's license, and had an unlawful blood-alcohol or breath-

1166

alcohol level in violation of s. 316.193; the results of any

1167

breath or blood or urine test or an affidavit stating that a

1168

breath, blood, or urine test was requested by a law enforcement

1169

officer or correctional officer and that the person arrested

1170

refused to submit; a copy of the notice of disqualification

1171

citation issued to the person arrested; and the officer's

1172

description of the person's field sobriety test, if any. The

1173

failure of the officer to submit materials within the 5-day

1174

period specified in this subsection or subsection (1) does shall

1175

not affect the department's ability to consider any evidence

1176

submitted at or prior to the hearing. The officer may also submit

1177

a copy of a videotape of the field sobriety test or the attempt

1178

to administer such test and a copy of the crash report, if any.

1179

     (3)  If the department determines that the person arrested

1180

should be disqualified from operating a commercial motor vehicle

1181

pursuant to this section and if the notice of disqualification

1182

has not already been served upon the person by a law enforcement

1183

officer or correctional officer as provided in subsection (1),

1184

the department shall issue a notice of disqualification and,

1185

unless the notice is mailed pursuant to s. 322.251, a temporary

1186

permit which expires 10 days after the date of issuance if the

1187

driver is otherwise eligible.

1188

     (4) If the person disqualified arrested requests an

1189

informal review pursuant to subparagraph (1)(b)3., the department

1190

shall conduct the informal review by a hearing officer employed

1191

by the department. Such informal review hearing shall consist

1192

solely of an examination by the department of the materials

1193

submitted by a law enforcement officer or correctional officer

1194

and by the person disqualified arrested, and the presence of an

1195

officer or witness is not required.

1196

     (5)  After completion of the informal review, notice of the

1197

department's decision sustaining, amending, or invalidating the

1198

disqualification must be provided to the person. Such notice must

1199

be mailed to the person at the last known address shown on the

1200

department's records, and to the address provided in the law

1201

enforcement officer's report if such address differs from the

1202

address of record, within 21 days after the expiration of the

1203

temporary permit issued pursuant to subsection (1) or subsection

1204

(3).

1205

     (6)(a) If the person disqualified arrested requests a

1206

formal review, the department must schedule a hearing to be held

1207

within 30 days after such request is received by the department

1208

and must notify the person of the date, time, and place of the

1209

hearing.

1210

     (b)  Such formal review hearing shall be held before a

1211

hearing officer employed by the department, and the hearing

1212

officer shall be authorized to administer oaths, examine

1213

witnesses and take testimony, receive relevant evidence, issue

1214

subpoenas for the officers and witnesses identified in documents

1215

as provided in subsection (2), regulate the course and conduct of

1216

the hearing, and make a ruling on the disqualification. The

1217

department and the person disqualified arrested may subpoena

1218

witnesses, and the party requesting the presence of a witness

1219

shall be responsible for the payment of any witness fees. If the

1220

person who requests a formal review hearing fails to appear and

1221

the hearing officer finds such failure to be without just cause,

1222

the right to a formal hearing is waived and the department shall

1223

conduct an informal review of the disqualification under

1224

subsection (4).

1225

     (c)  A party may seek enforcement of a subpoena under

1226

paragraph (b) by filing a petition for enforcement in the circuit

1227

court of the judicial circuit in which the person failing to

1228

comply with the subpoena resides. A failure to comply with an

1229

order of the court shall result in a finding of contempt of

1230

court. However, a person shall not be in contempt while a

1231

subpoena is being challenged.

1232

     (d)  The department must, within 7 days after a formal

1233

review hearing, send notice to the person of the hearing

1234

officer's decision as to whether sufficient cause exists to

1235

sustain, amend, or invalidate the disqualification.

1236

     (7)  In a formal review hearing under subsection (6) or an

1237

informal review hearing under subsection (4), the hearing officer

1238

shall determine by a preponderance of the evidence whether

1239

sufficient cause exists to sustain, amend, or invalidate the

1240

disqualification. The scope of the review shall be limited to the

1241

following issues:

1242

     (a)  If the person was disqualified from operating a

1243

commercial motor vehicle for driving with an unlawful blood-

1244

alcohol level in violation of s. 316.193:

1245

     1.  Whether the arresting law enforcement officer had

1246

probable cause to believe that the person was driving or in

1247

actual physical control of a commercial motor vehicle, or any

1248

motor vehicle if the driver holds a commercial driver's license,

1249

in this state while he or she had any alcohol, chemical

1250

substances, or controlled substances in his or her body.

1251

     2. Whether the person was placed under lawful arrest for a

1252

violation of s. 316.193.

1253

     2.3. Whether the person had an unlawful blood-alcohol level

1254

or breath-alcohol level of 0.08 or higher as provided in s.

1255

316.193.

1256

     (b)  If the person was disqualified from operating a

1257

commercial motor vehicle for refusal to submit to a breath,

1258

blood, or urine test:

1259

     1.  Whether the law enforcement officer had probable cause

1260

to believe that the person was driving or in actual physical

1261

control of a commercial motor vehicle, or any motor vehicle if

1262

the driver holds a commercial driver's license, in this state

1263

while he or she had any alcohol, chemical substances, or

1264

controlled substances in his or her body.

1265

     2.  Whether the person refused to submit to the test after

1266

being requested to do so by a law enforcement officer or

1267

correctional officer.

1268

     3.  Whether the person was told that if he or she refused to

1269

submit to such test he or she would be disqualified from

1270

operating a commercial motor vehicle for a period of 1 year or,

1271

in the case of a second refusal, permanently.

1272

     (8)  Based on the determination of the hearing officer

1273

pursuant to subsection (7) for both informal hearings under

1274

subsection (4) and formal hearings under subsection (6), the

1275

department shall:

1276

     (a)  Sustain the disqualification for a period of 1 year for

1277

a first refusal, or permanently if such person has been

1278

previously disqualified from operating a commercial motor vehicle

1279

as a result of a refusal to submit to such tests. The

1280

disqualification period commences on the date of the arrest or

1281

issuance of the notice of disqualification, whichever is later.

1282

     (b) Sustain the disqualification:

1283

     1. For a period of 1 year if the person was driving or in

1284

actual physical control of a commercial motor vehicle, or any

1285

motor vehicle if the driver holds a commercial driver's license,

1286

and had an unlawful blood-alcohol level or breath-alcohol level

1287

of 0.08 or higher; or 6 months for a violation of s. 316.193 or

1288

for a period of 1 year

1289

2. Permanently if the person has been previously

1290

disqualified from operating a commercial motor vehicle or his or

1291

her driving privilege has been previously suspended for driving

1292

or being in actual physical control of a commercial motor

1293

vehicle, or any motor vehicle if the driver holds a commercial

1294

driver's license, and had an unlawful blood-alcohol level or

1295

breath-alcohol level of 0.08 or higher as a result of a

1296

violation of s. 316.193.

1297

1298

The disqualification period commences on the date of the arrest

1299

or issuance of the notice of disqualification, whichever is

1300

later.

1301

     (9)  A request for a formal review hearing or an informal

1302

review hearing shall not stay the disqualification. If the

1303

department fails to schedule the formal review hearing to be held

1304

within 30 days after receipt of the request therefor, the

1305

department shall invalidate the disqualification. If the

1306

scheduled hearing is continued at the department's initiative,

1307

the department shall issue a temporary driving permit limited to

1308

noncommercial vehicles which is shall be valid until the hearing

1309

is conducted if the person is otherwise eligible for the driving

1310

privilege. Such permit shall not be issued to a person who sought

1311

and obtained a continuance of the hearing. The permit issued

1312

under this subsection shall authorize driving for business

1313

purposes or employment use only.

1314

     (10)  A person who is disqualified from operating a

1315

commercial motor vehicle under subsection (1) or subsection (3)

1316

is eligible for issuance of a license for business or employment

1317

purposes only under s. 322.271 if the person is otherwise

1318

eligible for the driving privilege. However, such business or

1319

employment purposes license shall not authorize the driver to

1320

operate a commercial motor vehicle.

1321

     (11)  The formal review hearing may be conducted upon a

1322

review of the reports of a law enforcement officer or a

1323

correctional officer, including documents relating to the

1324

administration of a breath test or blood test or the refusal to

1325

take either test. However, as provided in subsection (6), the

1326

driver may subpoena the officer or any person who administered or

1327

analyzed a breath or blood test.

1328

     (12)  The formal review hearing and the informal review

1329

hearing are exempt from the provisions of chapter 120. The

1330

department is authorized to adopt rules for the conduct of

1331

reviews under this section.

1332

     (13)  A person may appeal any decision of the department

1333

sustaining the disqualification from operating a commercial motor

1334

vehicle by a petition for writ of certiorari to the circuit court

1335

in the county wherein such person resides or wherein a formal or

1336

informal review was conducted pursuant to s. 322.31. However, an

1337

appeal shall not stay the disqualification. This subsection shall

1338

not be construed to provide for a de novo appeal.

1339

     (14)  The decision of the department under this section

1340

shall not be considered in any trial for a violation of s.

1341

316.193, s. 322.61, or s. 322.62, nor shall any written statement

1342

submitted by a person in his or her request for departmental

1343

review under this section be admissible into evidence against him

1344

or her in any such trial. The disposition of any related criminal

1345

proceedings shall not affect a disqualification imposed pursuant

1346

to this section.

1347

     (15)  This section does not preclude the suspension of the

1348

driving privilege pursuant to s. 322.2615. The driving privilege

1349

of a person who has been disqualified from operating a commercial

1350

motor vehicle also may be suspended for a violation of s.

1351

316.193.

1352

     Section 28.  Subsections (3) and (4) of section 336.41,

1353

Florida Statutes, are renumbered as subsections (4) and (5),

1354

respectively, and a new subsection (3) is added to that section,

1355

to read:

1356

     336.41  Counties; employing labor and providing road

1357

equipment; accounting; when competitive bidding required.--

1358

     (3) Notwithstanding any law to the contrary, a county,

1359

municipality, or special district may not own or operate an

1360

asphalt plant or a portable or stationary concrete batch plant

1361

that has an independent mixer; however, this prohibition does not

1362

apply to any county that owns or is under contract to purchase an

1363

asphalt plant as of April 15, 2008, and that furnishes its plant-

1364

generated asphalt solely for use by local governments or

1365

companies under contract with local governments for projects

1366

within the boundaries of the county. Sale of plant-generated

1367

asphalt to private entities or local governments outside the

1368

boundaries of the county is prohibited.

1369

     Section 29.  Paragraph (a) of subsection (7) of section

1370

337.11, Florida Statutes, is amended to read:

1371

     337.11  Contracting authority of department; bids; emergency

1372

repairs, supplemental agreements, and change orders; combined

1373

design and construction contracts; progress payments; records;

1374

requirements of vehicle registration.--

1375

     (7)(a)  If the head of the department determines that it is

1376

in the best interests of the public, the department may combine

1377

the design and construction phases of a building, a major bridge,

1378

a limited access facility, or a rail corridor project into a

1379

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

1380

contract. The department's goal shall be to procure up to 25

1381

percent of the construction contracts that add capacity in the 5-

1382

year adopted work program as design-build contracts by July 1,

1383

2013. Design-build contracts may be advertised and awarded

1384

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

1385

construction activities may not begin on any portion of such

1386

projects for which the department has not yet obtained title to

1387

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

1388

that portion of the project has vested in the state or a local

1389

governmental entity and all railroad crossing and utility

1390

agreements have been executed. Title to rights-of-way shall be

1391

deemed to have vested in the state when the title has been

1392

dedicated to the public or acquired by prescription.

1393

     Section 30.  Paragraph (b) of subsection (1) of section

1394

337.18, Florida Statutes, is amended to read:

1395

     337.18  Surety bonds for construction or maintenance

1396

contracts; requirement with respect to contract award; bond

1397

requirements; defaults; damage assessments.--

1398

     (1)

1399

     (b) Prior to beginning any work under the contract, the

1400

contractor shall maintain a copy of the payment and performance

1401

bond required under this section at its principal place of

1402

business, and at the jobsite office if one is established, and

1403

the contractor shall provide a copy of the payment and

1404

performance bond within 5 days after receipt of any written

1405

request therefore. A copy of the payment and performance bond

1406

required under this section may also be obtained directly from

1407

the department via a request made pursuant to chapter 119. Upon

1408

execution of the contract, and prior to beginning any work under

1409

the contract, the contractor shall record in the public records

1410

of the county where the improvement is located the payment and

1411

performance bond required under this section. A claimant shall

1412

have a right of action against the contractor and surety for the

1413

amount due him or her, including unpaid finance charges due under

1414

the claimant's contract. Such action shall not involve the

1415

department in any expense.

1416

     Section 31.  Subsections (1), (2), and (7) of section

1417

337.185, Florida Statutes, are amended to read:

1418

     337.185  State Arbitration Board.--

1419

     (1)  To facilitate the prompt settlement of claims for

1420

additional compensation arising out of construction and

1421

maintenance contracts between the department and the various

1422

contractors with whom it transacts business, the Legislature does

1423

hereby establish the State Arbitration Board, referred to in this

1424

section as the "board." For the purpose of this section, "claim"

1425

means shall mean the aggregate of all outstanding claims by a

1426

party arising out of a construction or maintenance contract.

1427

Every contractual claim in an amount up to $250,000 per contract

1428

or, at the claimant's option, up to $500,000 per contract or,

1429

upon agreement of the parties, up to $1 million per contract

1430

which that cannot be resolved by negotiation between the

1431

department and the contractor shall be arbitrated by the board

1432

after acceptance of the project by the department. As an

1433

exception, either party to the dispute may request that the claim

1434

be submitted to binding private arbitration. A court of law may

1435

not consider the settlement of such a claim until the process

1436

established by this section has been exhausted.

1437

     (2)  The board shall be composed of three members. One

1438

member shall be appointed by the head of the department, and one

1439

member shall be elected by those construction or maintenance

1440

companies who are under contract with the department. The third

1441

member shall be chosen by agreement of the other two members.

1442

Whenever the third member has a conflict of interest regarding

1443

affiliation with one of the parties, the other two members shall

1444

select an alternate member for that hearing. The head of the

1445

department may select an alternative or substitute to serve as

1446

the department member for any hearing or term. Each member shall

1447

serve a 2-year term. The board shall elect a chair, each term,

1448

who shall be the administrator of the board and custodian of its

1449

records.

1450

     (7)  The members of the board may receive compensation for

1451

the performance of their duties hereunder, from administrative

1452

fees received by the board, except that no employee of the

1453

department may receive compensation from the board. The

1454

compensation amount shall be determined by the board, but shall

1455

not exceed $125 per hour, up to a maximum of $1,000 per day for

1456

each member authorized to receive compensation. Nothing in this

1457

section does not shall prevent the member elected by construction

1458

or maintenance companies from being an employee of an association

1459

affiliated with the industry, even if the sole responsibility of

1460

that member is service on the board. Travel expenses for the

1461

industry member may be paid by an industry association, if

1462

necessary. The board may allocate funds annually for clerical and

1463

other administrative services.

1464

     Section 32.  Subsection (1) of section 337.403, Florida

1465

Statutes, is amended to read:

1466

     337.403  Relocation of utility; expenses.--

1467

     (1)  Any utility heretofore or hereafter placed upon, under,

1468

over, or along any public road or publicly owned rail corridor

1469

which that is found by the authority to be unreasonably

1470

interfering in any way with the convenient, safe, or continuous

1471

use, or the maintenance, improvement, extension, or expansion, of

1472

such public road or publicly owned rail corridor shall, upon 30

1473

days' written notice to the utility or its agent by the

1474

authority, be removed or relocated by such utility at its own

1475

expense except as provided in paragraphs (a), (b), and (c), (d),

1476

and (e).

1477

     (a)  If the relocation of utility facilities, as referred to

1478

in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 627

1479

of the 84th Congress, is necessitated by the construction of a

1480

project on the federal-aid interstate system, including

1481

extensions thereof within urban areas, and the cost of such

1482

project is eligible and approved for reimbursement by the Federal

1483

Government to the extent of 90 percent or more under the Federal

1484

Aid Highway Act, or any amendment thereof, then in that event the

1485

utility owning or operating such facilities shall relocate such

1486

facilities upon order of the department, and the state shall pay

1487

the entire expense properly attributable to such relocation after

1488

deducting therefrom any increase in the value of the new facility

1489

and any salvage value derived from the old facility.

1490

     (b)  When a joint agreement between the department and the

1491

utility is executed for utility improvement, relocation, or

1492

removal work to be accomplished as part of a contract for

1493

construction of a transportation facility, the department may

1494

participate in those utility improvement, relocation, or removal

1495

costs that exceed the department's official estimate of the cost

1496

of such work by more than 10 percent. The amount of such

1497

participation shall be limited to the difference between the

1498

official estimate of all the work in the joint agreement plus 10

1499

percent and the amount awarded for this work in the construction

1500

contract for such work. The department may not participate in any

1501

utility improvement, relocation, or removal costs that occur as a

1502

result of changes or additions during the course of the contract.

1503

     (c)  When an agreement between the department and utility is

1504

executed for utility improvement, relocation, or removal work to

1505

be accomplished in advance of a contract for construction of a

1506

transportation facility, the department may participate in the

1507

cost of clearing and grubbing necessary to perform such work.

1508

     (d) If the utility facility being removed or relocated was

1509

initially installed exclusively to serve the department, its

1510

tenants, or both the department and its tenants, the department

1511

shall bear the costs of removal or relocation of that utility

1512

facility. However, the department is not responsible for bearing

1513

the cost of removal or relocation of any subsequent additions to

1514

the utility facility for the purpose of serving others.

1515

     (e) If pursuant to an agreement between a utility and the

1516

authority entered into after July 1, 2008, the utility conveys,

1517

subordinates, or relinquishes a compensable property right to the

1518

authority for the purpose of accommodating the acquisition or use

1519

of the right-of-way by the authority without the agreement

1520

expressly addressing future responsibility for cost of removal or

1521

relocation of the utility, the authority shall bear the cost of

1522

such removal or relocation. Nothing herein is intended to impair

1523

or restrict, or be used to interpret, the terms of any agreement

1524

entered into prior to July 1, 2008.

1525

     Section 33.  Subsection (6) is added to section 338.01,

1526

Florida Statutes, to read:

1527

     338.01  Authority to establish and regulate limited access

1528

facilities.--

1529

     (6) Notwithstanding any other provision of law, all new

1530

limited access facilities and existing transportation facilities

1531

on which new or replacement electronic toll collection systems

1532

are installed shall be interoperable with the department's

1533

electronic toll collection system.

1534

     Section 34.  Present subsections (7) and (8) of section

1535

338.165, Florida Statutes, are redesignated as subsections (8)

1536

and (9), respectively, and a new subsection (7) is added to that

1537

section, to read:

1538

     338.165  Continuation of tolls.--

1539

     (7) This section does not apply to high-occupancy toll

1540

lanes or express lanes.

1541

     Section 35.  Section 338.166, Florida Statutes, is created

1542

to read:

1543

     338.166 High-occupancy toll lanes or express lanes.--

1544

     (1) Under s. 11, Art. VII of the State Constitution, the

1545

department may request the Division of Bond Finance to issue

1546

bonds secured by toll revenues collected on high-occupancy toll

1547

lanes or express lanes located on Interstate 95 in Miami-Dade and

1548

Broward Counties.

1549

     (2) The department may continue to collect the toll on the

1550

high-occupancy toll lanes or express lanes after the discharge of

1551

any bond indebtedness related to such project. All tolls so

1552

collected shall first be used to pay the annual cost of the

1553

operation, maintenance, and improvement of the high-occupancy

1554

toll lanes or express lanes project or associated transportation

1555

system.

1556

     (3) Any remaining toll revenue from the high-occupancy toll

1557

lanes or express lanes shall be used by the department for the

1558

construction, maintenance, or improvement of any road on the

1559

State Highway System.

1560

     (4) The department is authorized to implement variable rate

1561

tolls on high-occupancy toll lanes or express lanes.

1562

     (5) Except for high-occupancy toll lanes or express lanes,

1563

tolls may not be charged for use of an interstate highway where

1564

tolls were not charged as of July 1, 1997.

1565

     (6) This section does not apply to the turnpike system as

1566

defined under the Florida Turnpike Enterprise Law.

1567

     Section 36.  Paragraphs (d) and (e) are added to subsection

1568

(1) of section 338.2216, Florida Statutes, to read:

1569

     338.2216  Florida Turnpike Enterprise; powers and

1570

authority.--

1571

     (1)

1572

     (d) The Florida Turnpike Enterprise is directed to pursue

1573

and implement new technologies and processes in its operations

1574

and collection of tolls and the collection of other amounts

1575

associated with road and infrastructure usage. Such technologies

1576

and processes shall include, without limitation, video billing

1577

and variable pricing.

1578

     (e)1. The Florida Turnpike Enterprise may not contract with

1579

any vendor for the retail sale of fuel along the Florida Turnpike

1580

if such contract is negotiated or bid together with any other

1581

contract, including, but not limited to, the retail sale of food,

1582

maintenance services, or construction, except that a contract for

1583

the retail sale of fuel along the Florida Turnpike shall be bid

1584

and contracted with the retail sale of food at any convenience

1585

store attached to the fuel station.

1586

     2. All contracts related to service plazas, including, but

1587

not limited to, the sale of fuel, the retail sale of food,

1588

maintenance services, or construction, awarded by the Florida

1589

Turnpike Enterprise shall be procured through individual

1590

competitive solicitations and awarded to the most cost-effective

1591

responder. This subparagraph does not prohibit the award of more

1592

than one individual contract to a single vendor who submits the

1593

most cost-effective response.

1594

     Section 37.  Paragraph (b) of subsection (1) of section

1595

338.223, Florida Statutes, is amended to read:

1596

     338.223  Proposed turnpike projects.--

1597

     (1)

1598

     (b)  Any proposed turnpike project or improvement shall be

1599

developed in accordance with the Florida Transportation Plan and

1600

the work program pursuant to s. 339.135. Turnpike projects that

1601

add capacity, alter access, affect feeder roads, or affect the

1602

operation of the local transportation system shall be included in

1603

the transportation improvement plan of the affected metropolitan

1604

planning organization. If such turnpike project does not fall

1605

within the jurisdiction of a metropolitan planning organization,

1606

the department shall notify the affected county and provide for

1607

public hearings in accordance with s. 339.155(5)(c) s.

1608

339.155(6)(c).

1609

     Section 38.  Section 338.231, Florida Statutes, is amended

1610

to read:

1611

     338.231  Turnpike tolls, fixing; pledge of tolls and other

1612

revenues.--The department shall at all times fix, adjust, charge,

1613

and collect such tolls for the use of the turnpike system as are

1614

required in order to provide a fund sufficient with other

1615

revenues of the turnpike system to pay the cost of maintaining,

1616

improving, repairing, and operating such turnpike system; to pay

1617

the principal of and interest on all bonds issued to finance or

1618

refinance any portion of the turnpike system as the same become

1619

due and payable; and to create reserves for all such purposes.

1620

     (1) In the process of effectuating toll rate increases over

1621

the period 1988 through 1992, the department shall, to the

1622

maximum extent feasible, equalize the toll structure, within each

1623

vehicle classification, so that the per mile toll rate will be

1624

approximately the same throughout the turnpike system. New

1625

turnpike projects may have toll rates higher than the uniform

1626

system rate where such higher toll rates are necessary to qualify

1627

the project in accordance with the financial criteria in the

1628

turnpike law. Such higher rates may be reduced to the uniform

1629

system rate when the project is generating sufficient revenues to

1630

pay the full amount of debt service and operating and maintenance

1631

costs at the uniform system rate. If, after 15 years of opening

1632

to traffic, the annual revenue of a turnpike project does not

1633

meet or exceed the annual debt service requirements and operating

1634

and maintenance costs attributable to such project, the

1635

department shall, to the maximum extent feasible, establish a

1636

toll rate for the project which is higher than the uniform system

1637

rate as necessary to meet such annual debt service requirements

1638

and operating and maintenance costs. The department may, to the

1639

extent feasible, establish a temporary toll rate at less than the

1640

uniform system rate for the purpose of building patronage for the

1641

ultimate benefit of the turnpike system. In no case shall the

1642

temporary rate be established for more than 1 year. The

1643

requirements of this subsection shall not apply when the

1644

application of such requirements would violate any covenant

1645

established in a resolution or trust indenture relating to the

1646

issuance of turnpike bonds.

1647

     (1)(2) Notwithstanding any other provision of law, the

1648

department may defer the scheduled July 1, 1993, toll rate

1649

increase on the Homestead Extension of the Florida Turnpike until

1650

July 1, 1995. The department may also advance funds to the

1651

Turnpike General Reserve Trust Fund to replace estimated lost

1652

revenues resulting from this deferral. The amount advanced must

1653

be repaid within 12 years from the date of advance; however, the

1654

repayment is subordinate to all other debt financing of the

1655

turnpike system outstanding at the time repayment is due.

1656

     (2)(3) The department shall publish a proposed change in

1657

the toll rate for the use of an existing toll facility, in the

1658

manner provided for in s. 120.54, which will provide for public

1659

notice and the opportunity for a public hearing before the

1660

adoption of the proposed rate change. When the department is

1661

evaluating a proposed turnpike toll project under s. 338.223 and

1662

has determined that there is a high probability that the project

1663

will pass the test of economic feasibility predicated on proposed

1664

toll rates, the toll rate that is proposed to be charged after

1665

the project is constructed must be adopted during the planning

1666

and project development phase of the project, in the manner

1667

provided for in s. 120.54, including public notice and the

1668

opportunity for a public hearing. For such a new project, the

1669

toll rate becomes effective upon the opening of the project to

1670

traffic.

1671

     (3)(a)(4) For the period July 1, 1998, through June 30,

1672

2017, the department shall, to the maximum extent feasible,

1673

program sufficient funds in the tentative work program such that

1674

the percentage of turnpike toll and bond financed commitments in

1675

Dade County, Broward County, and Palm Beach County as compared to

1676

total turnpike toll and bond financed commitments shall be at

1677

least 90 percent of the share of net toll collections

1678

attributable to users of the turnpike system in Dade County,

1679

Broward County, and Palm Beach County as compared to total net

1680

toll collections attributable to users of the turnpike system.

1681

The requirements of this subsection do not apply when the

1682

application of such requirements would violate any covenant

1683

established in a resolution or trust indenture relating to the

1684

issuance of turnpike bonds. The department may establish at any

1685

time for economic considerations lower temporary toll rates for a

1686

new or existing toll facility for a period not to exceed 1 year,

1687

after which period the toll rates adopted under s. 120.54 shall

1688

become effective.

1689

     (b) The department shall also fix, adjust, charge, and

1690

collect such amounts needed to cover the costs of administering

1691

the different toll collection and payment methods and types of

1692

accounts being offered and used in the manner provided for in s.

1693

120.54, which provides for public notice and the opportunity for

1694

a public hearing before adoption. Such amounts may stand alone,

1695

be incorporated into a toll rate structure, or be a combination

1696

thereof.

1697

     (4)(5) When bonds are outstanding which have been issued to

1698

finance or refinance any turnpike project, the tolls and all

1699

other revenues derived from the turnpike system and pledged to

1700

such bonds shall be set aside as may be provided in the

1701

resolution authorizing the issuance of such bonds or the trust

1702

agreement securing the same. The tolls or other revenues or other

1703

moneys so pledged and thereafter received by the department are

1704

immediately subject to the lien of such pledge without any

1705

physical delivery thereof or further act. The lien of any such

1706

pledge is valid and binding as against all parties having claims

1707

of any kind in tort or contract or otherwise against the

1708

department irrespective of whether such parties have notice

1709

thereof. Neither the resolution nor any trust agreement by which

1710

a pledge is created need be filed or recorded except in the

1711

records of the department.

1712

     (5)(6) In each fiscal year while any of the bonds of the

1713

Broward County Expressway Authority series 1984 and series 1986-A

1714

remain outstanding, the department is authorized to pledge

1715

revenues from the turnpike system to the payment of principal and

1716

interest of such series of bonds and the operation and

1717

maintenance expenses of the Sawgrass Expressway, to the extent

1718

gross toll revenues of the Sawgrass Expressway are insufficient

1719

to make such payments. The terms of an agreement relative to the

1720

pledge of turnpike system revenue will be negotiated with the

1721

parties of the 1984 and 1986 Broward County Expressway Authority

1722

lease-purchase agreements, and subject to the covenants of those

1723

agreements. The agreement shall establish that the Sawgrass

1724

Expressway shall be subject to the planning, management, and

1725

operating control of the department limited only by the terms of

1726

the lease-purchase agreements. The department shall provide for

1727

the payment of operation and maintenance expenses of the Sawgrass

1728

Expressway until such agreement is in effect. This pledge of

1729

turnpike system revenues shall be subordinate to the debt service

1730

requirements of any future issue of turnpike bonds, the payment

1731

of turnpike system operation and maintenance expenses, and

1732

subject to provisions of any subsequent resolution or trust

1733

indenture relating to the issuance of such turnpike bonds.

1734

     (6)(7) The use and disposition of revenues pledged to bonds

1735

are subject to the provisions of ss. 338.22-338.241 and such

1736

regulations as the resolution authorizing the issuance of such

1737

bonds or such trust agreement may provide.

1738

     (7) Notwithstanding any other provision of law and

1739

effective July 1, 2008, the turnpike enterprise shall increase

1740

tolls on all existing toll facilities by 25 percent and, in

1741

addition, shall index that increase to the annual Consumer Price

1742

Index or similar inflation factors as established in s. 338.165.

1743

     Section 39.  Paragraph (c) of subsection (4) of section

1744

339.12, Florida Statutes, is amended, and paragraph (d) is added

1745

to that subsection, to read:

1746

     339.12  Aid and contributions by governmental entities for

1747

department projects; federal aid.--

1748

     (4)

1749

     (c)  The department may enter into agreements under this

1750

subsection for a project or project phase not included in the

1751

adopted work program. As used in this paragraph, the term

1752

"project phase" means acquisition of rights-of-way, construction,

1753

construction inspection, and related support phases. The project

1754

or project phase must be a high priority of the governmental

1755

entity. Reimbursement for a project or project phase must be made

1756

from funds appropriated by the Legislature pursuant to s.

1757

339.135(5). All other provisions of this subsection apply to

1758

agreements entered into under this paragraph. The total amount of

1759

project agreements for projects or project phases not included in

1760

the adopted work program authorized by this paragraph may not at

1761

any time exceed $100 million. However, notwithstanding such $100

1762

million limit and any similar limit in s. 334.30, project

1763

advances for any inland county with a population greater than

1764

500,000 dedicating amounts equal to $500 million or more of its

1765

Local Government Infrastructure Surtax pursuant to s. 212.055(2)

1766

for improvements to the State Highway System which are included

1767

in the local metropolitan planning organization's or the

1768

department's long-range transportation plans shall be excluded

1769

from the calculation of the statewide limit of project advances.

1770

     (d) The department may enter into agreements under this

1771

subsection with any county having a population of 150,000 or

1772

fewer as determined by the most recent official estimate pursuant

1773

to s. 186.901 for a project or project phase not included in the

1774

adopted work program. As used in this paragraph, the term

1775

"project phase" means acquisition of rights-of-way, construction,

1776

construction inspection, and related support phases. The project

1777

or project phase must be a high priority of the governmental

1778

entity. Reimbursement for a project or project phase must be made

1779

from funds appropriated by the Legislature pursuant to s.

1780

339.135(5). All other provisions of this subsection apply to

1781

agreements entered into under this paragraph. The total amount of

1782

project agreements for projects or project phases not included in

1783

the adopted work program authorized by this paragraph may not at

1784

any time exceed $200 million. The project must be included in the

1785

local government's adopted comprehensive plan. The department is

1786

authorized to enter into long-term repayment agreements of up to

1787

30 years.

1788

     Section 40.  Paragraph (d) of subsection (7) of section

1789

339.135, Florida Statutes, is amended to read:

1790

     339.135  Work program; legislative budget request;

1791

definitions; preparation, adoption, execution, and amendment.--

1792

     (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--

1793

     (d)1. Whenever the department proposes any amendment to the

1794

adopted work program, as defined in subparagraph (c)1. or

1795

subparagraph (c)3., which deletes or defers a construction phase

1796

on a capacity project, it shall notify each county affected by

1797

the amendment and each municipality within the county. The

1798

notification shall be issued in writing to the chief elected

1799

official of each affected county, each municipality within the

1800

county, and the chair of each affected metropolitan planning

1801

organization. Each affected county and each municipality in the

1802

county, is encouraged to coordinate with each other to determine

1803

how the amendment effects local concurrency management and

1804

regional transportation planning efforts. Each affected county,

1805

and each municipality within the county, shall have 14 days to

1806

provide written comments to the department regarding how the

1807

amendment will effect its respective concurrency management

1808

systems, including whether any development permits were issued

1809

contingent upon the capacity improvement, if applicable. After

1810

receipt of written comments from the affected local governments,

1811

the department shall include any written comments submitted by

1812

such local governments in its preparation of the proposed

1813

amendment.

1814

     2. Following the 14-day comment period in subparagraph 1.,

1815

if applicable, whenever the department proposes any amendment to

1816

the adopted work program, which amendment is defined in

1817

subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or

1818

subparagraph (c)4., it shall submit the proposed amendment to the

1819

Governor for approval and shall immediately notify the chairs of

1820

the legislative appropriations committees, the chairs of the

1821

legislative transportation committees, and each member of the

1822

Legislature who represents a district affected by the proposed

1823

amendment. It shall also notify, each metropolitan planning

1824

organization affected by the proposed amendment, and each unit of

1825

local government affected by the proposed amendment, unless it

1826

provided to each the notification required by subparagraph 1.

1827

Such proposed amendment shall provide a complete justification of

1828

the need for the proposed amendment.

1829

     3.2. The Governor shall not approve a proposed amendment

1830

until 14 days following the notification required in subparagraph

1831

2. 1.

1832

     4.3. If either of the chairs of the legislative

1833

appropriations committees or the President of the Senate or the

1834

Speaker of the House of Representatives objects in writing to a

1835

proposed amendment within 14 days following notification and

1836

specifies the reasons for such objection, the Governor shall

1837

disapprove the proposed amendment.

1838

     Section 41.  Section 339.155, Florida Statutes, is amended

1839

to read:

1840

     339.155  Transportation planning.--

1841

     (1)  THE FLORIDA TRANSPORTATION PLAN.--The department shall

1842

develop and annually update a statewide transportation plan, to

1843

be known as the Florida Transportation Plan. The plan shall be

1844

designed so as to be easily read and understood by the general

1845

public. The purpose of the Florida Transportation Plan is to

1846

establish and define the state's long-range transportation goals

1847

and objectives to be accomplished over a period of at least 20

1848

years within the context of the State Comprehensive Plan, and any

1849

other statutory mandates and authorizations and based upon the

1850

prevailing principles of: preserving the existing transportation

1851

infrastructure; enhancing Florida's economic competitiveness; and

1852

improving travel choices to ensure mobility. The Florida

1853

Transportation Plan shall consider the needs of the entire state

1854

transportation system and examine the use of all modes of

1855

transportation to effectively and efficiently meet such needs.

1856

     (2)  SCOPE OF PLANNING PROCESS.--The department shall carry

1857

out a transportation planning process in conformance with s.

1858

334.046(1). which provides for consideration of projects and

1859

strategies that will:

1860

     (a) Support the economic vitality of the United States,

1861

Florida, and the metropolitan areas, especially by enabling

1862

global competitiveness, productivity, and efficiency;

1863

     (b) Increase the safety and security of the transportation

1864

system for motorized and nonmotorized users;

1865

     (c) Increase the accessibility and mobility options

1866

available to people and for freight;

1867

     (d) Protect and enhance the environment, promote energy

1868

conservation, and improve quality of life;

1869

     (e) Enhance the integration and connectivity of the

1870

transportation system, across and between modes throughout

1871

Florida, for people and freight;

1872

     (f) Promote efficient system management and operation; and

1873

     (g) Emphasize the preservation of the existing

1874

transportation system.

1875

     (3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida

1876

Transportation Plan shall be a unified, concise planning document

1877

that clearly defines the state's long-range transportation goals

1878

and objectives and documents the department's short-range

1879

objectives developed to further such goals and objectives. The

1880

plan shall:

1881

     (a) Include a glossary that clearly and succinctly defines

1882

any and all phrases, words, or terms of art included in the plan,

1883

with which the general public may be unfamiliar. and shall

1884

consist of, at a minimum, the following components:

1885

     (b)(a) Document A long-range component documenting the

1886

goals and long-term objectives necessary to implement the results

1887

of the department's findings from its examination of the

1888

prevailing principles and criteria provided under listed in

1889

subsection (2) and s. 334.046(1). The long-range component must

1890

     (c) Be developed in cooperation with the metropolitan

1891

planning organizations and reconciled, to the maximum extent

1892

feasible, with the long-range plans developed by metropolitan

1893

planning organizations pursuant to s. 339.175. The plan must also

1894

     (d) Be developed in consultation with affected local

1895

officials in nonmetropolitan areas and with any affected Indian

1896

tribal governments. The plan must

1897

     (e) Provide an examination of transportation issues likely

1898

to arise during at least a 20-year period. The long-range

1899

component shall

1900

     (f) Be updated at least once every 5 years, or more often

1901

as necessary, to reflect substantive changes to federal or state

1902

law.

1903

     (b) A short-range component documenting the short-term

1904

objectives and strategies necessary to implement the goals and

1905

long-term objectives contained in the long-range component. The

1906

short-range component must define the relationship between the

1907

long-range goals and the short-range objectives, specify those

1908

objectives against which the department's achievement of such

1909

goals will be measured, and identify transportation strategies

1910

necessary to efficiently achieve the goals and objectives in the

1911

plan. It must provide a policy framework within which the

1912

department's legislative budget request, the strategic

1913

information resource management plan, and the work program are

1914

developed. The short-range component shall serve as the

1915

department's annual agency strategic plan pursuant to s. 186.021.

1916

The short-range component shall be developed consistent with

1917

available and forecasted state and federal funds. The short-range

1918

component shall also be submitted to the Florida Transportation

1919

Commission.

1920

     (4) ANNUAL PERFORMANCE REPORT.--The department shall

1921

develop an annual performance report evaluating the operation of

1922

the department for the preceding fiscal year. The report shall

1923

also include a summary of the financial operations of the

1924

department and shall annually evaluate how well the adopted work

1925

program meets the short-term objectives contained in the short-

1926

range component of the Florida Transportation Plan. This

1927

performance report shall be submitted to the Florida

1928

Transportation Commission and the legislative appropriations and

1929

transportation committees.

1930

     (4)(5) ADDITIONAL TRANSPORTATION PLANS.--

1931

     (a)  Upon request by local governmental entities, the

1932

department may in its discretion develop and design

1933

transportation corridors, arterial and collector streets,

1934

vehicular parking areas, and other support facilities which are

1935

consistent with the plans of the department for major

1936

transportation facilities. The department may render to local

1937

governmental entities or their planning agencies such technical

1938

assistance and services as are necessary so that local plans and

1939

facilities are coordinated with the plans and facilities of the

1940

department.

1941

     (b)  Each regional planning council, as provided for in s.

1942

186.504, or any successor agency thereto, shall develop, as an

1943

element of its strategic regional policy plan, transportation

1944

goals and policies. The transportation goals and policies must be

1945

prioritized to comply with the prevailing principles provided in

1946

subsection (2) and s. 334.046(1). The transportation goals and

1947

policies shall be consistent, to the maximum extent feasible,

1948

with the goals and policies of the metropolitan planning

1949

organization and the Florida Transportation Plan. The

1950

transportation goals and policies of the regional planning

1951

council will be advisory only and shall be submitted to the

1952

department and any affected metropolitan planning organization

1953

for their consideration and comments. Metropolitan planning

1954

organization plans and other local transportation plans shall be

1955

developed consistent, to the maximum extent feasible, with the

1956

regional transportation goals and policies. The regional planning

1957

council shall review urbanized area transportation plans and any

1958

other planning products stipulated in s. 339.175 and provide the

1959

department and respective metropolitan planning organizations

1960

with written recommendations which the department and the

1961

metropolitan planning organizations shall take under advisement.

1962

Further, the regional planning councils shall directly assist

1963

local governments which are not part of a metropolitan area

1964

transportation planning process in the development of the

1965

transportation element of their comprehensive plans as required

1966

by s. 163.3177.

1967

     (c)  Regional transportation plans may be developed in

1968

regional transportation areas in accordance with an interlocal

1969

agreement entered into pursuant to s. 163.01 by two or more

1970

contiguous metropolitan planning organizations; one or more

1971

metropolitan planning organizations and one or more contiguous

1972

counties, none of which is a member of a metropolitan planning

1973

organization; a multicounty regional transportation authority

1974

created by or pursuant to law; two or more contiguous counties

1975

that are not members of a metropolitan planning organization; or

1976

metropolitan planning organizations comprised of three or more

1977

counties.

1978

     (d)  The interlocal agreement must, at a minimum, identify

1979

the entity that will coordinate the development of the regional

1980

transportation plan; delineate the boundaries of the regional

1981

transportation area; provide the duration of the agreement and

1982

specify how the agreement may be terminated, modified, or

1983

rescinded; describe the process by which the regional

1984

transportation plan will be developed; and provide how members of

1985

the entity will resolve disagreements regarding interpretation of

1986

the interlocal agreement or disputes relating to the development

1987

or content of the regional transportation plan. Such interlocal

1988

agreement shall become effective upon its recordation in the

1989

official public records of each county in the regional

1990

transportation area.

1991

     (e)  The regional transportation plan developed pursuant to

1992

this section must, at a minimum, identify regionally significant

1993

transportation facilities located within a regional

1994

transportation area and contain a prioritized list of regionally

1995

significant projects. The level-of-service standards for

1996

facilities to be funded under this subsection shall be adopted by

1997

the appropriate local government in accordance with s.

1998

163.3180(10). The projects shall be adopted into the capital

1999

improvements schedule of the local government comprehensive plan

2000

pursuant to s. 163.3177(3).

2001

     (5)(6) PROCEDURES FOR PUBLIC PARTICIPATION IN

2002

TRANSPORTATION PLANNING.--

2003

     (a) During the development of the long-range component of

2004

the Florida Transportation Plan and prior to substantive

2005

revisions, the department shall provide citizens, affected public

2006

agencies, representatives of transportation agency employees,

2007

other affected employee representatives, private providers of

2008

transportation, and other known interested parties with an

2009

opportunity to comment on the proposed plan or revisions. These

2010

opportunities shall include, at a minimum, publishing a notice in

2011

the Florida Administrative Weekly and within a newspaper of

2012

general circulation within the area of each department district

2013

office.

2014

     (b)  During development of major transportation

2015

improvements, such as those increasing the capacity of a facility

2016

through the addition of new lanes or providing new access to a

2017

limited or controlled access facility or construction of a

2018

facility in a new location, the department shall hold one or more

2019

hearings prior to the selection of the facility to be provided;

2020

prior to the selection of the site or corridor of the proposed

2021

facility; and prior to the selection of and commitment to a

2022

specific design proposal for the proposed facility. Such public

2023

hearings shall be conducted so as to provide an opportunity for

2024

effective participation by interested persons in the process of

2025

transportation planning and site and route selection and in the

2026

specific location and design of transportation facilities. The

2027

various factors involved in the decision or decisions and any

2028

alternative proposals shall be clearly presented so that the

2029

persons attending the hearing may present their views relating to

2030

the decision or decisions which will be made.

2031

     (c)  Opportunity for design hearings:

2032

     1.  The department, prior to holding a design hearing, shall

2033

duly notify all affected property owners of record, as recorded

2034

in the property appraiser's office, by mail at least 20 days

2035

prior to the date set for the hearing. The affected property

2036

owners shall be:

2037

     a.  Those whose property lies in whole or in part within 300

2038

feet on either side of the centerline of the proposed facility.

2039

     b.  Those whom the department determines will be

2040

substantially affected environmentally, economically, socially,

2041

or safetywise.

2042

     2.  For each subsequent hearing, the department shall

2043

publish notice prior to the hearing date in a newspaper of

2044

general circulation for the area affected. These notices must be

2045

published twice, with the first notice appearing at least 15

2046

days, but no later than 30 days, before the hearing.

2047

     3.  A copy of the notice of opportunity for the hearing must

2048

be furnished to the United States Department of Transportation

2049

and to the appropriate departments of the state government at the

2050

time of publication.

2051

     4.  The opportunity for another hearing shall be afforded in

2052

any case when proposed locations or designs are so changed from

2053

those presented in the notices specified above or at a hearing as

2054

to have a substantially different social, economic, or

2055

environmental effect.

2056

     5.  The opportunity for a hearing shall be afforded in each

2057

case in which the department is in doubt as to whether a hearing

2058

is required.

2059

     Section 42.  Subsection (3) and paragraphs (b) and (c) of

2060

subsection (4) of section 339.2816, Florida Statutes, are amended

2061

to read:

2062

     339.2816  Small County Road Assistance Program.--

2063

     (3)  Beginning with fiscal year 1999-2000 until fiscal year

2064

2009-2010, and beginning again with fiscal year 2012-2013, up to

2065

$25 million annually from the State Transportation Trust Fund may

2066

be used for the purposes of funding the Small County Road

2067

Assistance Program as described in this section.

2068

     (4)

2069

     (b)  In determining a county's eligibility for assistance

2070

under this program, the department may consider whether the

2071

county has attempted to keep county roads in satisfactory

2072

condition, including the amount of local option fuel tax and ad

2073

valorem millage rate imposed by the county. The department may

2074

also consider the extent to which the county has offered to

2075

provide a match of local funds with state funds provided under

2076

the program. At a minimum, small counties shall be eligible only

2077

if:

2078

     1. The county has enacted the maximum rate of the local

2079

option fuel tax authorized by s. 336.025(1)(a)., and has imposed

2080

an ad valorem millage rate of at least 8 mills; or

2081

     2. The county has imposed an ad valorem millage rate of 10

2082

mills.

2083

     (c)  The following criteria shall be used to prioritize road

2084

projects for funding under the program:

2085

     1.  The primary criterion is the physical condition of the

2086

road as measured by the department.

2087

     2.  As secondary criteria the department may consider:

2088

     a.  Whether a road is used as an evacuation route.

2089

     b.  Whether a road has high levels of agricultural travel.

2090

     c.  Whether a road is considered a major arterial route.

2091

     d.  Whether a road is considered a feeder road.

2092

     e. Whether a road is located in a fiscally constrained

2093

county, as defined in s. 218.67(1).

2094

     f.e. Other criteria related to the impact of a project on

2095

the public road system or on the state or local economy as

2096

determined by the department.

2097

     Section 43.  Subsections (1) and (3) of section 339.2819,

2098

Florida Statutes, are amended to read:

2099

     339.2819  Transportation Regional Incentive Program.--

2100

     (1)  There is created within the Department of

2101

Transportation a Transportation Regional Incentive Program for

2102

the purpose of providing funds to improve regionally significant

2103

transportation facilities in regional transportation areas

2104

created pursuant to s. 339.155(4)(5).

2105

     (3)  The department shall allocate funding available for the

2106

Transportation Regional Incentive Program to the districts based

2107

on a factor derived from equal parts of population and motor fuel

2108

collections for eligible counties in regional transportation

2109

areas created pursuant to s. 339.155(4)(5).

2110

     Section 44.  Subsection (6) of section 339.285, Florida

2111

Statutes, is amended to read:

2112

     339.285  Enhanced Bridge Program for Sustainable

2113

Transportation.--

2114

     (6)  Preference shall be given to bridge projects located on

2115

corridors that connect to the Strategic Intermodal System,

2116

created under s. 339.64, and that have been identified as

2117

regionally significant in accordance with s. 339.155(4)(5)(c),

2118

(d), and (e).

2119

     Section 45.  Subsection (4) of section 348.0003, Florida

2120

Statutes, is amended to read:

2121

     348.0003  Expressway authority; formation; membership.--

2122

     (4)(a)  An authority may employ an executive secretary, an

2123

executive director, its own counsel and legal staff, technical

2124

experts, and such engineers and employees, permanent or

2125

temporary, as it may require and shall determine the

2126

qualifications and fix the compensation of such persons, firms,

2127

or corporations. An authority may employ a fiscal agent or

2128

agents; however, the authority must solicit sealed proposals from

2129

at least three persons, firms, or corporations for the

2130

performance of any services as fiscal agents. An authority may

2131

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

2132

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

2133

Florida Expressway Authority Act, subject always to the

2134

supervision and control of the authority. Members of an authority

2135

may be removed from office by the Governor for misconduct,

2136

malfeasance, misfeasance, or nonfeasance in office.

2137

     (b)  Members of an authority are entitled to receive from

2138

the authority their travel and other necessary expenses incurred

2139

in connection with the business of the authority as provided in

2140

s. 112.061, but they may not draw salaries or other compensation.

2141

     (c) Members of each expressway an authority, transportation

2142

authority, bridge authority, or toll authority, created pursuant

2143

to this chapter, chapter 343 or chapter 349, or pursuant to any

2144

other legislative enactment, shall be required to comply with the

2145

applicable financial disclosure requirements of s. 8, Art. II of

2146

the State Constitution. This subsection does not subject a

2147

statutorily created expressway authority, transportation

2148

authority, bridge authority, or toll authority, other than one

2149

created under this part, to any of the requirements of this part

2150

other than those contained in this subsection.

2151

     Section 46.  Paragraph (c) is added to subsection (1) of

2152

section 348.0004, Florida Statutes, to read:

2153

     348.0004  Purposes and powers.--

2154

     (1)

2155

     (c) Notwithstanding any other provision of law, expressway

2156

authorities as defined in chapter 348 shall index toll rates on

2157

toll facilities to the annual Consumer Price Index or similar

2158

inflation indicators. Toll rate index for inflation under this

2159

subsection must be adopted and approved by the expressway

2160

authority board at a public meeting and may be made no more

2161

frequently than once a year and must be made no less frequently

2162

than once every 5 years as necessary to accommodate cash toll

2163

rate schedules. Toll rates may be increased beyond these limits

2164

as directed by bond documents, covenants, or governing body

2165

authorization or pursuant to department administrative rule.

2166

     Section 47. Part III of chapter 343, Florida Statutes,

2167

consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,

2168

343.76, and 343.77, is repealed.

2169

     Section 48. The Department of Transportation, in

2170

consultation with the Department of Law Enforcement, the Division

2171

of Emergency Management of the Department of Community Affairs,

2172

and the Office of Tourism, Trade, and Economic Development, and

2173

metropolitan planning organizations and regional planning

2174

councils within whose jurisdictional area the I-95 corridor lies,

2175

shall complete a study of transportation alternatives for the

2176

travel corridor parallel to Interstate 95 which takes into

2177

account the transportation, emergency management, homeland

2178

security, and economic development needs of the state. The report

2179

must include identification of cost-effective measures that may

2180

be implemented to alleviate congestion on Interstate 95,

2181

facilitate emergency and security responses, and foster economic

2182

development. The Department of Transportation shall send the

2183

report to the Governor, the President of the Senate, the Speaker

2184

of the House of Representatives, and each affected metropolitan

2185

planning organization by June 30, 2009.

2186

     Section 49.  Subsection (18) of section 409.908, Florida

2187

Statutes, is amended to read:

2188

     409.908  Reimbursement of Medicaid providers.--Subject to

2189

specific appropriations, the agency shall reimburse Medicaid

2190

providers, in accordance with state and federal law, according to

2191

methodologies set forth in the rules of the agency and in policy

2192

manuals and handbooks incorporated by reference therein. These

2193

methodologies may include fee schedules, reimbursement methods

2194

based on cost reporting, negotiated fees, competitive bidding

2195

pursuant to s. 287.057, and other mechanisms the agency considers

2196

efficient and effective for purchasing services or goods on

2197

behalf of recipients. If a provider is reimbursed based on cost

2198

reporting and submits a cost report late and that cost report

2199

would have been used to set a lower reimbursement rate for a rate

2200

semester, then the provider's rate for that semester shall be

2201

retroactively calculated using the new cost report, and full

2202

payment at the recalculated rate shall be effected retroactively.

2203

Medicare-granted extensions for filing cost reports, if

2204

applicable, shall also apply to Medicaid cost reports. Payment

2205

for Medicaid compensable services made on behalf of Medicaid

2206

eligible persons is subject to the availability of moneys and any

2207

limitations or directions provided for in the General

2208

Appropriations Act or chapter 216. Further, nothing in this

2209

section shall be construed to prevent or limit the agency from

2210

adjusting fees, reimbursement rates, lengths of stay, number of

2211

visits, or number of services, or making any other adjustments

2212

necessary to comply with the availability of moneys and any

2213

limitations or directions provided for in the General

2214

Appropriations Act, provided the adjustment is consistent with

2215

legislative intent.

2216

     (18)  Unless otherwise provided for in the General

2217

Appropriations Act, a provider of transportation services shall

2218

be reimbursed the lesser of the amount billed by the provider or

2219

the Medicaid maximum allowable fee established by the agency,

2220

except when the agency has entered into a direct contract with

2221

the provider, or with a community transportation coordinator, for

2222

the provision of an all-inclusive service, or when services are

2223

provided pursuant to an agreement negotiated between the agency

2224

and the provider. The agency, as provided for in s. 427.0135,

2225

shall purchase transportation services through the community

2226

coordinated transportation system, if available, unless the

2227

agency, after consultation with the commission, determines that

2228

it cannot reach mutually acceptable contract terms with the

2229

commission. The agency may then contract for the same

2230

transportation services provided in a more cost-effective manner

2231

and of comparable or higher quality and standards determines a

2232

more cost-effective method for Medicaid clients. Nothing in this

2233

subsection shall be construed to limit or preclude the agency

2234

from contracting for services using a prepaid capitation rate or

2235

from establishing maximum fee schedules, individualized

2236

reimbursement policies by provider type, negotiated fees, prior

2237

authorization, competitive bidding, increased use of mass

2238

transit, or any other mechanism that the agency considers

2239

efficient and effective for the purchase of services on behalf of

2240

Medicaid clients, including implementing a transportation

2241

eligibility process. The agency shall not be required to contract

2242

with any community transportation coordinator or transportation

2243

operator that has been determined by the agency, the Department

2244

of Legal Affairs Medicaid Fraud Control Unit, or any other state

2245

or federal agency to have engaged in any abusive or fraudulent

2246

billing activities. The agency is authorized to competitively

2247

procure transportation services or make other changes necessary

2248

to secure approval of federal waivers needed to permit federal

2249

financing of Medicaid transportation services at the service

2250

matching rate rather than the administrative matching rate.

2251

Notwithstanding chapter 427, the agency is authorized to continue

2252

contracting for Medicaid nonemergency transportation services in

2253

agency service area 11 with managed care plans that were under

2254

contract for those services before July 1, 2004.

2255

     Section 50.  Subsections (8), (12), and (13) of section

2256

427.011, Florida Statutes, are amended to read:

2257

     427.011  Definitions.--For the purposes of ss. 427.011-

2258

427.017:

2259

     (8) "Purchasing agency" "Member department" means a

2260

department or agency whose head is an ex officio, nonvoting

2261

advisor to a member of the commission, or an agency that

2262

purchases transportation services for the transportation

2263

disadvantaged.

2264

     (12) "Annual budget estimate" means a budget estimate of

2265

funding resources available for providing transportation services

2266

to the transportation disadvantaged and which is prepared

2267

annually to cover a period of 1 state fiscal year.

2268

     (12)(13) "Nonsponsored transportation disadvantaged

2269

services" means transportation disadvantaged services that are

2270

not sponsored or subsidized by any funding source other than the

2271

Transportation Disadvantaged Trust Fund.

2272

     Section 51.  Subsection (4) of section 427.012, Florida

2273

Statutes, is amended to read:

2274

     427.012  The Commission for the Transportation

2275

Disadvantaged.--There is created the Commission for the

2276

Transportation Disadvantaged in the Department of Transportation.

2277

     (4)  The commission shall meet at least quarterly, or more

2278

frequently at the call of the chairperson. Four Five members of

2279

the commission constitute a quorum, and a majority vote of the

2280

members present is necessary for any action taken by the

2281

commission.

2282

     Section 52.  Subsections (7), (8), (9), (14), and (26) of

2283

section 427.013, Florida Statutes, are amended, and subsection

2284

(29) is added to that section, to read:

2285

     427.013  The Commission for the Transportation

2286

Disadvantaged; purpose and responsibilities.--The purpose of the

2287

commission is to accomplish the coordination of transportation

2288

services provided to the transportation disadvantaged. The goal

2289

of this coordination is shall be to assure the cost-effective

2290

provision of transportation by qualified community transportation

2291

coordinators or transportation operators for the transportation

2292

disadvantaged without any bias or presumption in favor of

2293

multioperator systems or not-for-profit transportation operators

2294

over single operator systems or for-profit transportation

2295

operators. In carrying out this purpose, the commission shall:

2296

     (7) Unless otherwise provided by state or federal law,

2297

ensure Assure that all procedures, guidelines, and directives

2298

issued by purchasing agencies member departments are conducive to

2299

the coordination of transportation services.

2300

     (8)(a) Ensure Assure that purchasing agencies member

2301

departments purchase all trips within the coordinated system,

2302

unless they have fulfilled the requirements of s. 427.0135(3) and

2303

use a more cost-effective alternative provider that meets

2304

comparable quality and standards.

2305

     (b) Unless the purchasing agency has negotiated with the

2306

commission pursuant to the requirements of s. 427.0135(3),

2307

provide, by rule, criteria and procedures for purchasing agencies

2308

member departments to use if they wish to use an alternative

2309

provider. Agencies Departments must demonstrate either that the

2310

proposed alternative provider can provide a trip of comparable