Florida Senate - 2008 CS for CS for SB 1978

By the Committees on Transportation and Economic Development Appropriations; Transportation; and Senator Baker

606-08395A-08 20081978c2

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A bill to be entitled

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An act relating to the Department of Transportation;

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amending s. 20.23, F.S.; providing Senior Management

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Service status to the Executive Director of the Florida

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Transportation Commission; amending s. 125.42, F.S.;

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providing an exception to utility owners from the

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responsibility for relocating utilities along county roads

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and highways; amending s. 163.3177, F.S.; revising

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requirements for comprehensive plans; providing for

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airports, land adjacent to airports, and certain

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interlocal agreements relating thereto in certain elements

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of the plan; amending s. 163.3182, F.S., relating to

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transportation concurrency backlog authorities; providing

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legislative findings and declarations; expanding the power

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of authorities to borrow money to include issuing certain

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debt obligations; providing a maximum maturity date for

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certain debt incurred to finance or refinance certain

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transportation concurrency backlog projects; authorizing

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authorities to continue operations and administer certain

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trust funds for the period of the remaining outstanding

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debt; requiring local transportation concurrency backlog

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trust funds to continue to be funded for certain purposes;

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providing for increased ad valorem tax increment funding

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for such trust funds under certain circumstances; revising

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provisions for dissolution of an authority; amending s.

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316.0741, F.S.; redefining the term "hybrid vehicle";

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authorizing the driving of a hybrid, low-emission, or

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energy-efficient vehicle in a high-occupancy-vehicle lane

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regardless of occupancy; authorizing the department to

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limit or discontinue such driving under certain

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circumstances; exempting such vehicles from the payment of

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certain tolls; amending s. 316.193, F.S.; lowering the

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blood-alcohol or breath-alcohol level for which enhanced

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penalties are imposed against a person who was accompanied

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in the vehicle by a minor at the time of the offense;

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clarifying that an ignition interlock device is installed

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for a continuous period; amending s. 316.302, F.S.;

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revising the application of certain federal rules;

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providing for the department to perform certain duties

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assigned under federal rules; updating a reference to

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federal provisions governing out-of-service requirements

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for commercial vehicles; amending ss. 316.613 and 316.614,

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F.S.; revising the definition of "motor vehicle" for

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purposes of child restraint and safety belt usage

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requirements; amending s. 316.656, F.S.; lowering the

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percentage of blood or breath alcohol content relating to

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the prohibition against pleading guilty to a lesser

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offense of driving under the influence than the offense

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charged; amending s. 322.64, F.S.; providing that refusal

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to submit to a breath, urine, or blood test disqualifies a

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person from operating a commercial motor vehicle;

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providing a period of disqualification if a person has an

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unlawful blood-alcohol or breath-alcohol level; providing

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for issuance of a notice of disqualification; revising the

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requirements for a formal review hearing following a

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person's disqualification from operating a commercial

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motor vehicle; amending s. 336.41, F.S.; providing that a

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county, municipality, or special district may not own or

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operate an asphalt plant or a portable or stationary

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concrete batch plant having an independent mixer; amending

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s. 337.11, F.S.;  authorizing the department to pay

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stipends to unsuccessful bidders on construction and

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maintenance contracts; amending s. 337.18, F.S.; revising

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the recording requirements of payment and performance

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bonds; amending s. 337.185, F.S.; providing for

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maintenance contracts to be included in the types of

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claims settled by the State Arbitration Board; amending s.

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337.403, F.S.; providing for the department or a local

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governmental entity to pay the costs of removing or

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relocating a utility that is interfering with the use of a

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road or rail corridor; amending s. 338.01, F.S.; requiring

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that newly installed electronic toll collection systems be

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interoperable with the department's electronic toll

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collection system; amending s. 338.165, F.S.; providing

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that provisions requiring the continuation of tolls

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following the discharge of bond indebtedness does not

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apply to high-occupancy toll lanes or express lanes;

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creating s. 338.166, F.S.; authorizing the department to

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request that bonds be issued which are secured by toll

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revenues from high-occupancy toll or express lanes in a

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specified location; providing for the department to

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continue to collect tolls after discharge of indebtedness;

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authorizing the use of excess toll revenues for

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improvements to the State Highway System; authorizing the

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implementation of variable rate tolls on high-occupancy

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toll lanes or express lanes; amending s. 338.2216, F.S.;

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directing the turnpike enterprise to develop new

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technologies and processes for the collection of tolls and

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usage fees; prohibiting the enterprise from entering into

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certain joint contracts for the sale of fuel and other

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goods; providing an exception; providing restrictions on

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contracts pertaining to service plazas; amending s.

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338.223, F.S.; conforming a cross-reference; amending s.

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338.231, F.S.; eliminating reference to uniform toll rates

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on the Florida Turnpike System; authorizing the department

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to fix by rule and collect the amounts needed to cover

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toll collection costs; amending s. 339.12, F.S.;

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clarifying a provision specifying a maximum total amount

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of project agreements for certain projects; authorizing

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the department to enter into certain agreements with

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counties having a specified maximum population; defining

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the term "project phase"; requiring that a project or

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project phase be a high priority of a governmental entity;

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providing for reimbursement for a project or project

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phase; specifying a maximum total amount for certain

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projects and project phases; requiring that such project

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be included in the local government's adopted

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comprehensive plan; authorizing the department to enter

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into long-term repayment agreements up to a specified

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maximum length; amending s. 339.135, F.S.; revising

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certain notice provisions that require the Department of

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Transportation to notify local governments regarding

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amendments to an adopted 5-year work program; amending s.

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339.155, F.S.; revising provisions for development of the

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Florida Transportation Plan; amending s. 339.2816, F.S.,

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relating to the small county road assistance program;

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providing for resumption of certain funding for the

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program; revising the criteria for counties eligible to

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participate in the program; amending ss. 339.2819 and

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339.285, F.S.; conforming cross-references; amending s.

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348.0003, F.S.; providing for financial disclosure for

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expressway, transportation, bridge, and toll authorities;

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amending s. 348.0004, F.S.; providing for certain

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expressway authorities to index toll rate increases;

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repealing part III of ch. 343 F.S.; abolishing the Tampa

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Bay Commuter Transit Authority; requiring the department

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to conduct a study of transportation alternatives for the

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Interstate 95 corridor; amending s. 409.908, F.S.;

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authorizing the Agency for Health Care Administration to

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continue to contract for Medicaid nonemergency

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transportation services in a specified agency service area

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with managed care plans under certain conditions; amending

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s. 427.011, F.S.; revising definitions; defining the term

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"purchasing agency"; amending s. 427.012, F.S.; revising

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the number of members required for a quorum at a meeting

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of the Commission for the Transportation Disadvantaged;

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amending s. 427.013, F.S.; revising responsibilities of

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the commission; deleting a requirement that the commission

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establish by rule acceptable ranges of trip costs;

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removing a provision for functioning and oversight of the

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quality assurance and management review program; requiring

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the commission to incur expenses for promotional services

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and items; amending s. 427.0135, F.S.; revising and

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creating duties and responsibilities for agencies that

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purchase transportation services for the transportation

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disadvantaged; providing requirements for the payment of

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rates; requiring an agency to negotiate with the

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commission before procuring transportation disadvantaged

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services; requiring an agency to identify its allocation

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for transportation disadvantaged services in its

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legislative budget request; amending s. 427.015, F.S.;

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revising provisions relating to the function of the

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metropolitan planning organization or designated official

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planning agency; amending s. 427.0155, F.S.; revising

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duties of community transportation coordinators; amending

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s. 427.0157, F.S.; revising duties of coordinating boards;

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amending s. 427.0158, F.S.; deleting provisions requiring

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the school board to provide information relating to school

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buses to the transportation coordinator; providing for the

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transportation coordinator to request certain information

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regarding public transportation; amending s. 427.0159,

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F.S.; revising provisions relating to the Transportation

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Disadvantaged Trust Fund; providing for the deposit of

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funds by an agency purchasing transportation services;

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amending s. 427.016, F.S.; providing for construction and

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application of specified provisions to certain acts of a

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purchasing agency in lieu of the Medicaid agency;

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requiring that an agency identify the allocation of funds

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for transportation disadvantaged services in its

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legislative budget request;  amending s. 479.01, F.S.;

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redefining the term "automatic changeable facing" as used

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in provisions governing outdoor advertising; amending s.

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479.07, F.S.; revising the locations within which signs

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require permitting; providing requirements for the

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placement of permit tags; requiring the department to

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establish by rule a service fee and specifications for

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replacement tags; amending s. 479.08, F.S.; deleting a

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provision allowing a sign permittee to correct false

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information that was knowingly provided to the department;

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requiring the department to include certain information in

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the notice of violation; amending s. 479.156, F.S.;

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modifying local government control of the regulation of

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wall murals adjacent to certain federal highways; amending

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s. 479.261, F.S.; revising requirements for the logo sign

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program of the interstate highway system; deleting

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provisions providing for permits to be awarded to the

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highest bidders; requiring the department to implement a

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rotation-based logo program; requiring the department to

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adopt rules that set reasonable rates based on certain

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factors for annual permit fees; requiring that such fees

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not exceed a certain amount for sign locations inside and

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outside an urban area; amending s. 212.0606, F.S.;

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providing for the imposition by countywide referendum of

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an additional surcharge on the lease or rental of a motor

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vehicle; providing the proceeds of the surcharge to be

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transferred to the Local Option Fuel Tax Trust Fund and

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used for the construction and maintenance of commuter rail

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service facilities; providing definitions relating to

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commuter rail service, rail corridors, and railroad

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operation for purposes of the rail program within the

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department; amending s. 341.302, F.S.; authorizing the

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department to purchase specified property for the purpose

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of implementing commuter rail service; authorizing the

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department to assume certain liability on a rail corridor;

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authorizing the department to indemnify and hold harmless

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a railroad company when the department acquires a rail

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corridor from the company; providing allocation of risk;

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providing a specific cap on the amount of the contractual

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duty for such indemnification; authorizing the department

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to purchase and provide insurance in relation to rail

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corridors; authorizing marketing and promotional expenses;

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extending provisions to other governmental entities

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providing commuter rail service on public right-of-way;

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amending s. 768.28, F.S.; expanding the list of entities

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considered agents of the state; providing for construction

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in relation to certain federal laws; providing an

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effective date.

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

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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.  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 having 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

497

the powers necessary or convenient to carry out the purposes of

498

this section, including the following powers in addition to

499

others granted in this section:

500

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

501

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

502

certificates, and similar debt instruments; to apply for and

503

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

504

forms of financial assistance from the Federal Government or the

505

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

506

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

507

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

508

contracts or agreements; and to include in any contracts for

509

financial assistance with the Federal Government for or with

510

respect to a transportation concurrency backlog project and

511

related activities such conditions imposed pursuant to federal

512

laws as the transportation concurrency backlog authority

513

considers reasonable and appropriate and which are not

514

inconsistent with the purposes of this section.

515

     (4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--

516

     (a)  Each transportation concurrency backlog authority shall

517

adopt a transportation concurrency backlog plan as a part of the

518

local government comprehensive plan within 6 months after the

519

creation of the authority. The plan shall:

520

     1.  Identify all transportation facilities that have been

521

designated as deficient and require the expenditure of moneys to

522

upgrade, modify, or mitigate the deficiency.

523

     2.  Include a priority listing of all transportation

524

facilities that have been designated as deficient and do not

525

satisfy concurrency requirements pursuant to s. 163.3180, and the

526

applicable local government comprehensive plan.

527

     3.  Establish a schedule for financing and construction of

528

transportation concurrency backlog projects that will eliminate

529

transportation concurrency backlogs within the jurisdiction of

530

the authority within 10 years after the transportation

531

concurrency backlog plan adoption. The schedule shall be adopted

532

as part of the local government comprehensive plan.

533

Notwithstanding such schedule requirements, as long as the

534

schedule provides for the elimination of all transportation

535

concurrency backlogs within 10 years after the adoption of the

536

concurrency backlog plan, the final maturity date of any debt

537

incurred to finance or refinance the related projects may be no

538

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

539

authority may continue operations and administer the trust fund

540

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

541

debt remains outstanding.

542

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

543

concurrency backlog authority shall establish a local

544

transportation concurrency backlog trust fund upon creation of

545

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

546

transportation concurrency backlog authority within which a

547

transportation concurrency backlog has been identified. Each

548

local trust fund shall continue to be funded pursuant to this

549

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

550

transportation concurrency backlog plan remain to be completed or

551

until any debt incurred to finance or refinance the related

552

projects are no longer outstanding, whichever occurs later.

553

Beginning in the first fiscal year after the creation of the

554

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

555

of an ad valorem tax increment collected within each

556

transportation concurrency backlog area to be determined annually

557

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

558

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

559

all of the affected taxing authorities agree pursuant to an

560

interlocal agreement, a particular local trust fund may be funded

561

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

562

percent of the difference between the amounts set forth in

563

paragraphs (a) and (b):

564

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

565

taxing authority, exclusive of any amount from any debt service

566

millage, on taxable real property contained within the

567

jurisdiction of the transportation concurrency backlog authority

568

and within the transportation backlog area; and

569

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

570

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

571

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

572

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

573

within the transportation concurrency backlog area as shown on

574

the most recent assessment roll used in connection with the

575

taxation of such property of each taxing authority prior to the

576

effective date of the ordinance funding the trust fund.

577

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

578

concurrency backlog projects and repayment or defeasance of all

579

debt issued to finance or refinance such projects, a

580

transportation concurrency backlog authority shall be dissolved,

581

and its assets and liabilities shall be transferred to the county

582

or municipality within which the authority is located. All

583

remaining assets of the authority must be used for implementation

584

of transportation projects within the jurisdiction of the

585

authority. The local government comprehensive plan shall be

586

amended to remove the transportation concurrency backlog plan.

587

     Section 5.  Section 316.0741, Florida Statutes, is amended

588

to read:

589

     316.0741 High-occupancy-vehicle High occupancy vehicle

590

lanes.--

591

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

592

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

593

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

594

vehicles in which there is more than one occupant unless

595

otherwise authorized by federal law.

596

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

597

     1. That draws propulsion energy from onboard sources of

598

stored energy which are both an internal combustion or heat

599

engine using combustible fuel and a rechargeable energy-storage

600

system; and

601

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

602

truck, has received a certificate of conformity under the Clean

603

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

604

equivalent qualifying California standards for a low-emission

605

vehicle.

606

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

607

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

608

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

609

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

610

control device.

611

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

612

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

613

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

614

driver who violates this section shall be cited for a moving

615

violation, punishable as provided in chapter 318.

616

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

617

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

618

labeled in accordance with federal regulations may be driven in

619

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

620

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

621

proper federal regulatory agency authorizing such use, a vehicle

622

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

623

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

624

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

625

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

626

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

627

166(f)(3)(B).

628

     (c) Upon issuance of the applicable Environmental

629

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

630

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

631

energy-efficient vehicles for operation in an HOV lane regardless

632

of occupancy, the Department of Transportation shall review the

633

rule and recommend to the Legislature any statutory changes

634

necessary for compliance with the federal rule. The department

635

shall provide its recommendations no later than 30 days following

636

issuance of the final rule.

637

     (5) The department shall issue a decal and registration

638

certificate, to be renewed annually, reflecting the HOV lane

639

designation on such vehicles meeting the criteria in subsection

640

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

641

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

642

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

643

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

644

deposited in the Highway Safety Operating Trust Fund. The

645

department may, for reasons of operation and management of HOV

646

facilities, limit or discontinue issuance of decals for the use

647

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

648

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

649

the Department of Transportation that the facilities are degraded

650

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

651

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

652

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

653

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

654

express lanes in accordance with Department of Transportation

655

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

656

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

657

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

658

means a motor vehicle:

659

     (a) That draws propulsion energy from onboard sources of

660

stored energy which are both:

661

     1. An internal combustion or heat engine using combustible

662

fuel; and

663

     2. A rechargeable energy storage system; and

664

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

665

truck:

666

     1. Has received a certificate of conformity under the Clean

667

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

668

     2. Meets or exceeds the equivalent qualifying California

669

standards for a low-emission vehicle.

670

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

671

administer this section.

672

     Section 6.  Subsection (4) of section 316.193, Florida

673

Statutes, is amended to read:

674

     316.193  Driving under the influence; penalties.--

675

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

676

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

677

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

678

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

679

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

680

age of 18 years, shall be punished:

681

     (a)  By a fine of:

682

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

683

conviction.

684

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

685

conviction.

686

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

687

conviction.

688

     (b)  By imprisonment for:

689

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

690

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

691

692

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

693

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

694

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

695

higher.

696

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

697

the court shall order the mandatory placement, at the convicted

698

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

699

by the department in accordance with s. 316.1938 upon all

700

vehicles that are individually or jointly leased or owned and

701

routinely operated by the convicted person for not less than up

702

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

703

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

704

convicted person qualifies for a permanent or restricted license.

705

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

706

2003.

707

     Section 7.  Subsections (1), (6), and (8) of section

708

316.302, Florida Statutes, are amended to read:

709

     316.302  Commercial motor vehicles; safety regulations;

710

transporters and shippers of hazardous materials; enforcement.--

711

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

712

that are operated on the public highways of this state while

713

engaged in interstate commerce are subject to the rules and

714

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

715

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

716

owners or drivers of commercial motor vehicles that are engaged

717

in intrastate commerce are subject to the rules and regulations

718

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

719

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

720

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

721

2005.

722

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

723

provided in s. 316.228 for rear overhang lighting and flagging

724

requirements for intrastate operations, the requirements of this

725

section supersede all other safety requirements of this chapter

726

for commercial motor vehicles.

727

     (6)  The state Department of Transportation shall perform

728

the duties that are assigned to the Field Administrator, Federal

729

Motor Carrier Safety Administration Regional Federal Highway

730

Administrator under the federal rules, and an agent of that

731

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

732

rules.

733

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

734

enforcement officer of the Department of Transportation or duly

735

appointed agent who holds a current safety inspector

736

certification from the Commercial Vehicle Safety Alliance may

737

require the driver of any commercial vehicle operated on the

738

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

739

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

740

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

741

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

742

adjustment, and the continued operation would present an unduly

743

hazardous operating condition, the officer may require the

744

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

745

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

746

corrected. However, if continuous operation would not present an

747

unduly hazardous operating condition, the officer may give

748

written notice requiring correction of the condition within 14

749

days.

750

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

751

enforcement officer employed by a sheriff's office or municipal

752

police department authorized to enforce the traffic laws of this

753

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

754

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

755

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

756

section.

757

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

758

request to submit to an inspection under this subsection commits

759

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

760

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

761

resists the officer with violence.

762

     Section 8.  Subsection (2) of section 316.613, Florida

763

Statutes, is amended to read:

764

     316.613  Child restraint requirements.--

765

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

766

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

767

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

768

does not include:

769

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

770

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

771

compensation, other than a bus regularly used to transport

772

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

773

in conjunction with school activities.

774

     (c)  A farm tractor or implement of husbandry.

775

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

776

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

777

     (e)  A motorcycle, moped, or bicycle.

778

     Section 9.  Paragraph (a) of subsection (3) of section

779

316.614, Florida Statutes, is amended to read:

780

     316.614  Safety belt usage.--

781

     (3)  As used in this section:

782

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

783

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

784

highways of this state. The term does not include:

785

     1.  A school bus.

786

     2.  A bus used for the transportation of persons for

787

compensation.

788

     3.  A farm tractor or implement of husbandry.

789

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

790

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

791

     5.  A motorcycle, moped, or bicycle.

792

     Section 10.  Paragraph (a) of subsection (2) of section

793

316.656, Florida Statutes, is amended to read:

794

     316.656  Mandatory adjudication; prohibition against

795

accepting plea to lesser included offense.--

796

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

797

lesser offense from a person charged under the provisions of this

798

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

799

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

800

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

801

     Section 11.  Section 322.64, Florida Statutes, is amended to

802

read:

803

     322.64 Holder of commercial driver's license; persons

804

operating a commercial motor vehicle; driving with unlawful

805

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

806

test.--

807

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

808

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

809

commercial motor vehicle a person who while operating or in

810

actual physical control of a commercial motor vehicle is arrested

811

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

812

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

813

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

814

arising out of the operation or actual physical control of a

815

commercial motor vehicle. A law enforcement officer or

816

correctional officer shall, on behalf of the department,

817

disqualify the holder of a commercial driver's license from

818

operating any commercial motor vehicle if the licenseholder,

819

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

820

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

821

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

822

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

823

disqualification of the person, the officer shall take the

824

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

825

permit for the operation of noncommercial vehicles only if the

826

person is otherwise eligible for the driving privilege and shall

827

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

828

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

829

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

830

agency employing the officer shall transmit such results to the

831

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

832

department then determines that the person was arrested for a

833

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

834

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

835

shall disqualify the person from operating a commercial motor

836

vehicle pursuant to subsection (3).

837

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

838

pursuant to, and the notice of disqualification shall inform the

839

driver of, the following:

840

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

841

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

842

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

843

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

844

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

845

or

846

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

847

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

848

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

849

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

850

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

851

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

852

privilege has been previously disqualified under this section.

853

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

854

level and he or she is disqualified from operating a commercial

855

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

856

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

857

or his or her driving privilege has been previously suspended,

858

for a violation of s. 316.193.

859

     2.  The disqualification period for operating commercial

860

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

861

notice of disqualification, whichever is later.

862

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

863

the disqualification by the department within 10 days after the

864

date of arrest or issuance of the notice of disqualification,

865

whichever is later.

866

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

867

disqualification expires will expire at midnight of the 10th day

868

following the date of disqualification.

869

     5.  The driver may submit to the department any materials

870

relevant to the disqualification arrest.

871

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

872

enforcement officer shall forward to the department, within 5

873

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

874

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

875

disqualification, the driver's license of the person disqualified

876

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

877

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

878

person disqualified arrested was operating or in actual physical

879

control of a commercial motor vehicle, or holds a commercial

880

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

881

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

882

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

883

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

884

officer or correctional officer and that the person arrested

885

refused to submit; a copy of the notice of disqualification

886

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

887

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

888

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

889

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

890

not affect the department's ability to consider any evidence

891

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

892

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

893

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

894

     (3)  If the department determines that the person arrested

895

should be disqualified from operating a commercial motor vehicle

896

pursuant to this section and if the notice of disqualification

897

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

898

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

899

the department shall issue a notice of disqualification and,

900

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

901

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

902

driver is otherwise eligible.

903

     (4) If the person disqualified arrested requests an

904

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

905

shall conduct the informal review by a hearing officer employed

906

by the department. Such informal review hearing shall consist

907

solely of an examination by the department of the materials

908

submitted by a law enforcement officer or correctional officer

909

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

910

officer or witness is not required.

911

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

912

department's decision sustaining, amending, or invalidating the

913

disqualification must be provided to the person. Such notice must

914

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

915

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

916

enforcement officer's report if such address differs from the

917

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

918

temporary permit issued pursuant to subsection (1) or subsection

919

(3).

920

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

921

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

922

within 30 days after such request is received by the department

923

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

924

hearing.

925

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

926

hearing officer employed by the department, and the hearing

927

officer shall be authorized to administer oaths, examine

928

witnesses and take testimony, receive relevant evidence, issue

929

subpoenas for the officers and witnesses identified in documents

930

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

931

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

932

department and the person disqualified arrested may subpoena

933

witnesses, and the party requesting the presence of a witness

934

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

935

person who requests a formal review hearing fails to appear and

936

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

937

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

938

conduct an informal review of the disqualification under

939

subsection (4).

940

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

941

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

942

court of the judicial circuit in which the person failing to

943

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

944

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

945

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

946

subpoena is being challenged.

947

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

948

review hearing, send notice to the person of the hearing

949

officer's decision as to whether sufficient cause exists to

950

sustain, amend, or invalidate the disqualification.

951

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

952

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

953

shall determine by a preponderance of the evidence whether

954

sufficient cause exists to sustain, amend, or invalidate the

955

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

956

following issues:

957

     (a)  If the person was disqualified from operating a

958

commercial motor vehicle for driving with an unlawful blood-

959

alcohol level in violation of s. 316.193:

960

     1.  Whether the arresting law enforcement officer had

961

probable cause to believe that the person was driving or in

962

actual physical control of a commercial motor vehicle, or any

963

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

964

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

965

substances, or controlled substances in his or her body.

966

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

967

violation of s. 316.193.

968

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

969

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

970

316.193.

971

     (b)  If the person was disqualified from operating a

972

commercial motor vehicle for refusal to submit to a breath,

973

blood, or urine test:

974

     1.  Whether the law enforcement officer had probable cause

975

to believe that the person was driving or in actual physical

976

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

977

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

978

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

979

controlled substances in his or her body.

980

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

981

being requested to do so by a law enforcement officer or

982

correctional officer.

983

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

984

submit to such test he or she would be disqualified from

985

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

986

in the case of a second refusal, permanently.

987

     (8)  Based on the determination of the hearing officer

988

pursuant to subsection (7) for both informal hearings under

989

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

990

department shall:

991

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

992

a first refusal, or permanently if such person has been

993

previously disqualified from operating a commercial motor vehicle

994

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

995

disqualification period commences on the date of the arrest or

996

issuance of the notice of disqualification, whichever is later.

997

     (b) Sustain the disqualification:

998

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

999

actual physical control of a commercial motor vehicle, or any

1000

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

1001

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

1002

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

1003

for a period of 1 year

1004

2. Permanently if the person has been previously

1005

disqualified from operating a commercial motor vehicle or his or

1006

her driving privilege has been previously suspended for driving

1007

or being in actual physical control of a commercial motor

1008

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

1009

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

1010

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

1011

violation of s. 316.193.

1012

1013

The disqualification period commences on the date of the arrest

1014

or issuance of the notice of disqualification, whichever is

1015

later.

1016

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

1017

review hearing shall not stay the disqualification. If the

1018

department fails to schedule the formal review hearing to be held

1019

within 30 days after receipt of the request therefor, the

1020

department shall invalidate the disqualification. If the

1021

scheduled hearing is continued at the department's initiative,

1022

the department shall issue a temporary driving permit limited to

1023

noncommercial vehicles which is shall be valid until the hearing

1024

is conducted if the person is otherwise eligible for the driving

1025

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

1026

and obtained a continuance of the hearing. The permit issued

1027

under this subsection shall authorize driving for business

1028

purposes or employment use only.

1029

     (10)  A person who is disqualified from operating a

1030

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

1031

is eligible for issuance of a license for business or employment

1032

purposes only under s. 322.271 if the person is otherwise

1033

eligible for the driving privilege. However, such business or

1034

employment purposes license shall not authorize the driver to

1035

operate a commercial motor vehicle.

1036

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

1037

review of the reports of a law enforcement officer or a

1038

correctional officer, including documents relating to the

1039

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

1040

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

1041

driver may subpoena the officer or any person who administered or

1042

analyzed a breath or blood test.

1043

     (12)  The formal review hearing and the informal review

1044

hearing are exempt from the provisions of chapter 120. The

1045

department is authorized to adopt rules for the conduct of

1046

reviews under this section.

1047

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

1048

sustaining the disqualification from operating a commercial motor

1049

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

1050

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

1051

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

1052

appeal shall not stay the disqualification. This subsection shall

1053

not be construed to provide for a de novo appeal.

1054

     (14)  The decision of the department under this section

1055

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

1056

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

1057

submitted by a person in his or her request for departmental

1058

review under this section be admissible into evidence against him

1059

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

1060

proceedings shall not affect a disqualification imposed pursuant

1061

to this section.

1062

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

1063

driving privilege pursuant to s. 322.2615. The driving privilege

1064

of a person who has been disqualified from operating a commercial

1065

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

1066

316.193.

1067

     Section 12.  Subsections (3) and (4) of section 336.41,

1068

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

1069

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

1070

to read:

1071

     336.41  Counties; employing labor and providing road

1072

equipment; accounting; when competitive bidding required.--

1073

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

1074

municipality, or special district may not own or operate an

1075

asphalt plant or a portable or stationary concrete batch plant

1076

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

1077

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

1078

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

1079

generated asphalt solely for use by local governments or

1080

companies under contract with local governments for projects

1081

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

1082

asphalt to private entities or local governments outside the

1083

boundaries of the county is prohibited.

1084

     Section 13.  Subsections (8) through (15) of section 337.11,

1085

Florida Statutes, are renumbered as subsections (9) through (16),

1086

respectively, present subsection (7) is renumbered as subsection

1087

(8) and amended, and a new subsection (7) is added to that

1088

section, to read:

1089

     337.11  Contracting authority of department; bids; emergency

1090

repairs, supplemental agreements, and change orders; combined

1091

design and construction contracts; progress payments; records;

1092

requirements of vehicle registration.--

1093

     (7) If the department determines that it is in the best

1094

interest of the public, the department may pay a stipend to

1095

unsuccessful firms who have submitted responsive proposals for

1096

construction or maintenance contracts. The decision and amount of

1097

a stipend will be based upon department analysis of the estimated

1098

proposal development costs and the anticipated degree of

1099

competition during the procurement process. Stipends shall be

1100

used to encourage competition and compensate unsuccessful firms

1101

for a portion of their proposal development costs. The department

1102

shall retain the right to use ideas from unsuccessful firms that

1103

accept a stipend.

1104

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

1105

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

1106

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

1107

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

1108

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

1109

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

1110

25 percent of the construction contracts which add capacity in

1111

the 5-year adopted work program as design-build contracts by July

1112

1, 2013. Design-build contracts may be advertised and awarded

1113

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

1114

construction activities may not begin on any portion of such

1115

projects for which the department has not yet obtained title to

1116

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

1117

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

1118

governmental entity and all railroad crossing and utility

1119

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

1120

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

1121

dedicated to the public or acquired by prescription.

1122

     (b)  The department shall adopt by rule procedures for

1123

administering design-build contracts. Such procedures shall

1124

include, but not be limited to:

1125

     1.  Prequalification requirements.

1126

     2.  Public announcement procedures.

1127

     3.  Scope of service requirements.

1128

     4.  Letters of interest requirements.

1129

     5.  Short-listing criteria and procedures.

1130

     6.  Bid proposal requirements.

1131

     7.  Technical review committee.

1132

     8.  Selection and award processes.

1133

     9. Stipend requirements.

1134

     (c)  The department must receive at least three letters of

1135

interest in order to proceed with a request for proposals. The

1136

department shall request proposals from no fewer than three of

1137

the design-build firms submitting letters of interest. If a

1138

design-build firm withdraws from consideration after the

1139

department requests proposals, the department may continue if at

1140

least two proposals are received.

1141

     Section 14.  Paragraph (b) of subsection (1) of section

1142

337.18, Florida Statutes, is amended to read:

1143

     337.18  Surety bonds for construction or maintenance

1144

contracts; requirement with respect to contract award; bond

1145

requirements; defaults; damage assessments.--

1146

     (1)

1147

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

1148

contractor shall maintain a copy of the payment and performance

1149

bond required under this section at its principal place of

1150

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

1151

the contractor shall provide a copy of the payment and

1152

performance bond within 5 days after receipt of any written

1153

request therefore. A copy of the payment and performance bond

1154

required under this section may also be obtained directly from

1155

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

1156

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

1157

the contract, the contractor shall record in the public records

1158

of the county where the improvement is located the payment and

1159

performance bond required under this section. A claimant shall

1160

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

1161

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

1162

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

1163

department in any expense.

1164

1165

     Section 15.  Subsections (1), (2), and (7) of section

1166

337.185, Florida Statutes, are amended to read:

1167

     337.185  State Arbitration Board.--

1168

     (1)  To facilitate the prompt settlement of claims for

1169

additional compensation arising out of construction and

1170

maintenance contracts between the department and the various

1171

contractors with whom it transacts business, the Legislature does

1172

hereby establish the State Arbitration Board, referred to in this

1173

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

1174

means shall mean the aggregate of all outstanding claims by a

1175

party arising out of a construction or maintenance contract.

1176

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

1177

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

1178

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

1179

which that cannot be resolved by negotiation between the

1180

department and the contractor shall be arbitrated by the board

1181

after acceptance of the project by the department. As an

1182

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

1183

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

1184

not consider the settlement of such a claim until the process

1185

established by this section has been exhausted.

1186

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

1187

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

1188

member shall be elected by those construction or maintenance

1189

companies who are under contract with the department. The third

1190

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

1191

Whenever the third member has a conflict of interest regarding

1192

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

1193

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

1194

department may select an alternative or substitute to serve as

1195

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

1196

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

1197

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

1198

records.

1199

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

1200

the performance of their duties hereunder, from administrative

1201

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

1202

department may receive compensation from the board. The

1203

compensation amount shall be determined by the board, but shall

1204

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

1205

each member authorized to receive compensation. Nothing in this

1206

section does not shall prevent the member elected by construction

1207

or maintenance companies from being an employee of an association

1208

affiliated with the industry, even if the sole responsibility of

1209

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

1210

industry member may be paid by an industry association, if

1211

necessary. The board may allocate funds annually for clerical and

1212

other administrative services.

1213

     Section 16.  Subsection (1) of section 337.403, Florida

1214

Statutes, is amended to read:

1215

     337.403  Relocation of utility; expenses.--

1216

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

1217

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

1218

which that is found by the authority to be unreasonably

1219

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

1220

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

1221

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

1222

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

1223

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

1224

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

1225

and (e).

1226

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

1227

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

1228

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

1229

project on the federal-aid interstate system, including

1230

extensions thereof within urban areas, and the cost of such

1231

project is eligible and approved for reimbursement by the Federal

1232

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

1233

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

1234

utility owning or operating such facilities shall relocate such

1235

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

1236

the entire expense properly attributable to such relocation after

1237

deducting therefrom any increase in the value of the new facility

1238

and any salvage value derived from the old facility.

1239

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

1240

utility is executed for utility improvement, relocation, or

1241

removal work to be accomplished as part of a contract for

1242

construction of a transportation facility, the department may

1243

participate in those utility improvement, relocation, or removal

1244

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

1245

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

1246

participation shall be limited to the difference between the

1247

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

1248

percent and the amount awarded for this work in the construction

1249

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

1250

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

1251

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

1252

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

1253

executed for utility improvement, relocation, or removal work to

1254

be accomplished in advance of a contract for construction of a

1255

transportation facility, the department may participate in the

1256

cost of clearing and grubbing necessary to perform such work.

1257

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

1258

initially installed exclusively to serve the department, its

1259

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

1260

shall bear the costs of removal or relocation of that utility

1261

facility. However, the department is not responsible for bearing

1262

the cost of removal or relocation of any subsequent additions to

1263

the utility facility for the purpose of serving others.

1264

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

1265

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

1266

subordinates, or relinquishes a compensable property right to the

1267

authority for the purpose of accommodating the acquisition or use

1268

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

1269

expressly addressing future responsibility for cost of removal or

1270

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

1271

such removal or relocation. Nothing herein is intended to impair

1272

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

1273

entered into prior to July 1, 2008.

1274

     Section 17.  Subsection (6) is added to section 338.01,

1275

Florida Statutes, to read:

1276

     338.01  Authority to establish and regulate limited access

1277

facilities.--

1278

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

1279

limited access facilities and existing transportation facilities

1280

on which new or replacement electronic toll collection systems

1281

are installed shall be interoperable with the department's

1282

electronic toll collection system.

1283

     Section 18.  Present subsections (7) and (8) of section

1284

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

1285

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

1286

section, to read:

1287

     338.165  Continuation of tolls.--

1288

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

1289

lanes or express lanes.

1290

     Section 19.  Section 338.166, Florida Statutes, is created

1291

to read:

1292

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

1293

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

1294

department may request the Division of Bond Finance to issue

1295

bonds secured by toll revenues collected on high-occupancy toll

1296

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

1297

Broward Counties.

1298

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

1299

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

1300

any bond indebtedness related to such project. All tolls so

1301

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

1302

operation, maintenance, and improvement of the high-occupancy

1303

toll lanes or express lanes project or associated transportation

1304

system.

1305

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

1306

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

1307

construction, maintenance, or improvement of any road on the

1308

State Highway System.

1309

     (4) The department is authorized to implement variable rate

1310

tolls on high-occupancy toll lanes or express lanes.

1311

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

1312

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

1313

tolls were not charged as of July 1, 1997.

1314

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

1315

defined under the Florida Turnpike Enterprise Law.

1316

     Section 20.  Paragraphs (d) and (e) are added to subsection

1317

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

1318

     338.2216  Florida Turnpike Enterprise; powers and

1319

authority.--

1320

     (1)

1321

     (d) The Florida Turnpike Enterprise is directed to pursue

1322

and implement new technologies and processes in its operations

1323

and collection of tolls and the collection of other amounts

1324

associated with road and infrastructure usage. Such technologies

1325

and processes shall include, without limitation, video billing

1326

and variable pricing.

1327

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

1328

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

1329

if such contract is negotiated or bid together with any other

1330

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

1331

maintenance services, or construction, except that a contract for

1332

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

1333

and contracted with the retail sale of food at any convenience

1334

store attached to the fuel station.

1335

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

1336

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

1337

maintenance services, or construction, awarded by the Florida

1338

Turnpike Enterprise shall be procured through individual

1339

competitive solicitations and awarded to the most cost-effective

1340

responder. This subparagraph does not prohibit the award of more

1341

than one individual contract to a single vendor who submits the

1342

most cost-effective response.

1343

     Section 21.  Paragraph (b) of subsection (1) of section

1344

338.223, Florida Statutes, is amended to read:

1345

     338.223  Proposed turnpike projects.--

1346

     (1)

1347

     (b)  Any proposed turnpike project or improvement shall be

1348

developed in accordance with the Florida Transportation Plan and

1349

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

1350

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

1351

operation of the local transportation system shall be included in

1352

the transportation improvement plan of the affected metropolitan

1353

planning organization. If such turnpike project does not fall

1354

within the jurisdiction of a metropolitan planning organization,

1355

the department shall notify the affected county and provide for

1356

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

1357

339.155(6)(c).

1358

     Section 22.  Section 338.231, Florida Statutes, is amended

1359

to read:

1360

     338.231  Turnpike tolls, fixing; pledge of tolls and other

1361

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

1362

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

1363

required in order to provide a fund sufficient with other

1364

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

1365

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

1366

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

1367

refinance any portion of the turnpike system as the same become

1368

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

1369

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

1370

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

1371

maximum extent feasible, equalize the toll structure, within each

1372

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

1373

approximately the same throughout the turnpike system. New

1374

turnpike projects may have toll rates higher than the uniform

1375

system rate where such higher toll rates are necessary to qualify

1376

the project in accordance with the financial criteria in the

1377

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

1378

system rate when the project is generating sufficient revenues to

1379

pay the full amount of debt service and operating and maintenance

1380

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

1381

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

1382

meet or exceed the annual debt service requirements and operating

1383

and maintenance costs attributable to such project, the

1384

department shall, to the maximum extent feasible, establish a

1385

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

1386

rate as necessary to meet such annual debt service requirements

1387

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

1388

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

1389

uniform system rate for the purpose of building patronage for the

1390

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

1391

temporary rate be established for more than 1 year. The

1392

requirements of this subsection shall not apply when the

1393

application of such requirements would violate any covenant

1394

established in a resolution or trust indenture relating to the

1395

issuance of turnpike bonds.

1396

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

1397

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

1398

increase on the Homestead Extension of the Florida Turnpike until

1399

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

1400

Turnpike General Reserve Trust Fund to replace estimated lost

1401

revenues resulting from this deferral. The amount advanced must

1402

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

1403

repayment is subordinate to all other debt financing of the

1404

turnpike system outstanding at the time repayment is due.

1405

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

1406

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

1407

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

1408

notice and the opportunity for a public hearing before the

1409

adoption of the proposed rate change. When the department is

1410

evaluating a proposed turnpike toll project under s. 338.223 and

1411

has determined that there is a high probability that the project

1412

will pass the test of economic feasibility predicated on proposed

1413

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

1414

the project is constructed must be adopted during the planning

1415

and project development phase of the project, in the manner

1416

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

1417

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

1418

toll rate becomes effective upon the opening of the project to

1419

traffic.

1420

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

1421

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

1422

program sufficient funds in the tentative work program such that

1423

the percentage of turnpike toll and bond financed commitments in

1424

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

1425

total turnpike toll and bond financed commitments shall be at

1426

least 90 percent of the share of net toll collections

1427

attributable to users of the turnpike system in Dade County,

1428

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

1429

toll collections attributable to users of the turnpike system.

1430

The requirements of this subsection do not apply when the

1431

application of such requirements would violate any covenant

1432

established in a resolution or trust indenture relating to the

1433

issuance of turnpike bonds. The department may establish at any

1434

time for economic considerations lower temporary toll rates for a

1435

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

1436

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

1437

become effective.

1438

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

1439

collect such amounts needed to cover the costs of administering

1440

the different toll collection and payment methods and types of

1441

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

1442

120.54, which provides for public notice and the opportunity for

1443

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

1444

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

1445

thereof.

1446

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

1447

finance or refinance any turnpike project, the tolls and all

1448

other revenues derived from the turnpike system and pledged to

1449

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

1450

resolution authorizing the issuance of such bonds or the trust

1451

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

1452

moneys so pledged and thereafter received by the department are

1453

immediately subject to the lien of such pledge without any

1454

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

1455

pledge is valid and binding as against all parties having claims

1456

of any kind in tort or contract or otherwise against the

1457

department irrespective of whether such parties have notice

1458

thereof. Neither the resolution nor any trust agreement by which

1459

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

1460

records of the department.

1461

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

1462

Broward County Expressway Authority series 1984 and series 1986-A

1463

remain outstanding, the department is authorized to pledge

1464

revenues from the turnpike system to the payment of principal and

1465

interest of such series of bonds and the operation and

1466

maintenance expenses of the Sawgrass Expressway, to the extent

1467

gross toll revenues of the Sawgrass Expressway are insufficient

1468

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

1469

pledge of turnpike system revenue will be negotiated with the

1470

parties of the 1984 and 1986 Broward County Expressway Authority

1471

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

1472

agreements. The agreement shall establish that the Sawgrass

1473

Expressway shall be subject to the planning, management, and

1474

operating control of the department limited only by the terms of

1475

the lease-purchase agreements. The department shall provide for

1476

the payment of operation and maintenance expenses of the Sawgrass

1477

Expressway until such agreement is in effect. This pledge of

1478

turnpike system revenues shall be subordinate to the debt service

1479

requirements of any future issue of turnpike bonds, the payment

1480

of turnpike system operation and maintenance expenses, and

1481

subject to provisions of any subsequent resolution or trust

1482

indenture relating to the issuance of such turnpike bonds.

1483

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

1484

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

1485

regulations as the resolution authorizing the issuance of such

1486

bonds or such trust agreement may provide.

1487

     Section 23.  Paragraph (c) of subsection (4) of section

1488

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

1489

to that subsection, to read:

1490

     339.12  Aid and contributions by governmental entities for

1491

department projects; federal aid.--

1492

     (4)

1493

     (c)  The department may enter into agreements under this

1494

subsection for a project or project phase not included in the

1495

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

1496

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

1497

construction inspection, and related support phases. The project

1498

or project phase must be a high priority of the governmental

1499

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

1500

from funds appropriated by the Legislature pursuant to s.

1501

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

1502

agreements entered into under this paragraph. The total amount of

1503

project agreements for projects or project phases not included in

1504

the adopted work program authorized by this paragraph may not at

1505

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

1506

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

1507

advances for any inland county with a population greater than

1508

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

1509

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

1510

for improvements to the State Highway System which are included

1511

in the local metropolitan planning organization's or the

1512

department's long-range transportation plans shall be excluded

1513

from the calculation of the statewide limit of project advances.

1514

     (d) The department may enter into agreements under this

1515

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

1516

fewer as determined by the most recent official estimate pursuant

1517

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

1518

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

1519

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

1520

construction inspection, and related support phases. The project

1521

or project phase must be a high priority of the governmental

1522

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

1523

from funds appropriated by the Legislature pursuant to s.

1524

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

1525

agreements entered into under this paragraph. The total amount of

1526

project agreements for projects or project phases not included in

1527

the adopted work program authorized by this paragraph may not at

1528

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

1529

local government's adopted comprehensive plan. The department is

1530

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

1531

30 years.

1532

     Section 24.  Paragraph (d) of subsection (7) of section

1533

339.135, Florida Statutes, is amended to read:

1534

     339.135  Work program; legislative budget request;

1535

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

1536

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

1537

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

1538

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

1539

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

1540

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

1541

the amendment and each municipality within the county. The

1542

notification shall be issued in writing to the chief elected

1543

official of each affected county, each municipality within the

1544

county, and the chair of each affected metropolitan planning

1545

organization. Each affected county and each municipality in the

1546

county, is encouraged to coordinate with each other to determine

1547

how the amendment effects local concurrency management and

1548

regional transportation planning efforts. Each affected county,

1549

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

1550

provide written comments to the department regarding how the

1551

amendment will effect its respective concurrency management

1552

systems, including whether any development permits were issued

1553

contingent upon the capacity improvement, if applicable. After

1554

receipt of written comments from the affected local governments,

1555

the department shall include any written comments submitted by

1556

such local governments in its preparation of the proposed

1557

amendment.

1558

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

1559

if applicable, whenever the department proposes any amendment to

1560

the adopted work program, which amendment is defined in

1561

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

1562

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

1563

Governor for approval and shall immediately notify the chairs of

1564

the legislative appropriations committees, the chairs of the

1565

legislative transportation committees, and each member of the

1566

Legislature who represents a district affected by the proposed

1567

amendment. It shall also notify, each metropolitan planning

1568

organization affected by the proposed amendment, and each unit of

1569

local government affected by the proposed amendment, unless it

1570

provided to each the notification required by subparagraph 1.

1571

Such proposed amendment shall provide a complete justification of

1572

the need for the proposed amendment.

1573

     3.2. The Governor shall not approve a proposed amendment

1574

until 14 days following the notification required in subparagraph

1575

2. 1.

1576

     4.3. If either of the chairs of the legislative

1577

appropriations committees or the President of the Senate or the

1578

Speaker of the House of Representatives objects in writing to a

1579

proposed amendment within 14 days following notification and

1580

specifies the reasons for such objection, the Governor shall

1581

disapprove the proposed amendment.

1582

     Section 25.  Section 339.155, Florida Statutes, is amended

1583

to read:

1584

     339.155  Transportation planning.--

1585

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

1586

develop and annually update a statewide transportation plan, to

1587

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

1588

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

1589

public. The purpose of the Florida Transportation Plan is to

1590

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

1591

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

1592

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

1593

other statutory mandates and authorizations and based upon the

1594

prevailing principles of: preserving the existing transportation

1595

infrastructure; enhancing Florida's economic competitiveness; and

1596

improving travel choices to ensure mobility. The Florida

1597

Transportation Plan shall consider the needs of the entire state

1598

transportation system and examine the use of all modes of

1599

transportation to effectively and efficiently meet such needs.

1600

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

1601

out a transportation planning process in conformance with s.

1602

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

1603

strategies that will:

1604

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

1605

Florida, and the metropolitan areas, especially by enabling

1606

global competitiveness, productivity, and efficiency;

1607

     (b) Increase the safety and security of the transportation

1608

system for motorized and nonmotorized users;

1609

     (c) Increase the accessibility and mobility options

1610

available to people and for freight;

1611

     (d) Protect and enhance the environment, promote energy

1612

conservation, and improve quality of life;

1613

     (e) Enhance the integration and connectivity of the

1614

transportation system, across and between modes throughout

1615

Florida, for people and freight;

1616

     (f) Promote efficient system management and operation; and

1617

     (g) Emphasize the preservation of the existing

1618

transportation system.

1619

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

1620

Transportation Plan shall be a unified, concise planning document

1621

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

1622

and objectives and documents the department's short-range

1623

objectives developed to further such goals and objectives. The

1624

plan shall:

1625

     (a) Include a glossary that clearly and succinctly defines

1626

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

1627

with which the general public may be unfamiliar. and shall

1628

consist of, at a minimum, the following components:

1629

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

1630

goals and long-term objectives necessary to implement the results

1631

of the department's findings from its examination of the

1632

prevailing principles and criteria provided under listed in

1633

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

1634

     (c) Be developed in cooperation with the metropolitan

1635

planning organizations and reconciled, to the maximum extent

1636

feasible, with the long-range plans developed by metropolitan

1637

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

1638

     (d) Be developed in consultation with affected local

1639

officials in nonmetropolitan areas and with any affected Indian

1640

tribal governments. The plan must

1641

     (e) Provide an examination of transportation issues likely

1642

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

1643

component shall

1644

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

1645

as necessary, to reflect substantive changes to federal or state

1646

law.

1647

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

1648

objectives and strategies necessary to implement the goals and

1649

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

1650

short-range component must define the relationship between the

1651

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

1652

objectives against which the department's achievement of such

1653

goals will be measured, and identify transportation strategies

1654

necessary to efficiently achieve the goals and objectives in the

1655

plan. It must provide a policy framework within which the

1656

department's legislative budget request, the strategic

1657

information resource management plan, and the work program are

1658

developed. The short-range component shall serve as the

1659

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

1660

The short-range component shall be developed consistent with

1661

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

1662

component shall also be submitted to the Florida Transportation

1663

Commission.

1664

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

1665

develop an annual performance report evaluating the operation of

1666

the department for the preceding fiscal year. The report shall

1667

also include a summary of the financial operations of the

1668

department and shall annually evaluate how well the adopted work

1669

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

1670

range component of the Florida Transportation Plan. This

1671

performance report shall be submitted to the Florida

1672

Transportation Commission and the legislative appropriations and

1673

transportation committees.

1674

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

1675

     (a)  Upon request by local governmental entities, the

1676

department may in its discretion develop and design

1677

transportation corridors, arterial and collector streets,

1678

vehicular parking areas, and other support facilities which are

1679

consistent with the plans of the department for major

1680

transportation facilities. The department may render to local

1681

governmental entities or their planning agencies such technical

1682

assistance and services as are necessary so that local plans and

1683

facilities are coordinated with the plans and facilities of the

1684

department.

1685

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

1686

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

1687

element of its strategic regional policy plan, transportation

1688

goals and policies. The transportation goals and policies must be

1689

prioritized to comply with the prevailing principles provided in

1690

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

1691

policies shall be consistent, to the maximum extent feasible,

1692

with the goals and policies of the metropolitan planning

1693

organization and the Florida Transportation Plan. The

1694

transportation goals and policies of the regional planning

1695

council will be advisory only and shall be submitted to the

1696

department and any affected metropolitan planning organization

1697

for their consideration and comments. Metropolitan planning

1698

organization plans and other local transportation plans shall be

1699

developed consistent, to the maximum extent feasible, with the

1700

regional transportation goals and policies. The regional planning

1701

council shall review urbanized area transportation plans and any

1702

other planning products stipulated in s. 339.175 and provide the

1703

department and respective metropolitan planning organizations

1704

with written recommendations which the department and the

1705

metropolitan planning organizations shall take under advisement.

1706

Further, the regional planning councils shall directly assist

1707

local governments which are not part of a metropolitan area

1708

transportation planning process in the development of the

1709

transportation element of their comprehensive plans as required

1710

by s. 163.3177.

1711

     (c)  Regional transportation plans may be developed in

1712

regional transportation areas in accordance with an interlocal

1713

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

1714

contiguous metropolitan planning organizations; one or more

1715

metropolitan planning organizations and one or more contiguous

1716

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

1717

organization; a multicounty regional transportation authority

1718

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

1719

that are not members of a metropolitan planning organization; or

1720

metropolitan planning organizations comprised of three or more

1721

counties.

1722

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

1723

the entity that will coordinate the development of the regional

1724

transportation plan; delineate the boundaries of the regional

1725

transportation area; provide the duration of the agreement and

1726

specify how the agreement may be terminated, modified, or

1727

rescinded; describe the process by which the regional

1728

transportation plan will be developed; and provide how members of

1729

the entity will resolve disagreements regarding interpretation of

1730

the interlocal agreement or disputes relating to the development

1731

or content of the regional transportation plan. Such interlocal

1732

agreement shall become effective upon its recordation in the

1733

official public records of each county in the regional

1734

transportation area.

1735

     (e)  The regional transportation plan developed pursuant to

1736

this section must, at a minimum, identify regionally significant

1737

transportation facilities located within a regional

1738

transportation area and contain a prioritized list of regionally

1739

significant projects. The level-of-service standards for

1740

facilities to be funded under this subsection shall be adopted by

1741

the appropriate local government in accordance with s.

1742

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

1743

improvements schedule of the local government comprehensive plan

1744

pursuant to s. 163.3177(3).

1745

     (5)(6) PROCEDURES FOR PUBLIC PARTICIPATION IN

1746

TRANSPORTATION PLANNING.--

1747

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

1748

the Florida Transportation Plan and prior to substantive

1749

revisions, the department shall provide citizens, affected public

1750

agencies, representatives of transportation agency employees,

1751

other affected employee representatives, private providers of

1752

transportation, and other known interested parties with an

1753

opportunity to comment on the proposed plan or revisions. These

1754

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

1755

the Florida Administrative Weekly and within a newspaper of

1756

general circulation within the area of each department district

1757

office.

1758

     (b)  During development of major transportation

1759

improvements, such as those increasing the capacity of a facility

1760

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

1761

limited or controlled access facility or construction of a

1762

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

1763

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

1764

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

1765

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

1766

specific design proposal for the proposed facility. Such public

1767

hearings shall be conducted so as to provide an opportunity for

1768

effective participation by interested persons in the process of

1769

transportation planning and site and route selection and in the

1770

specific location and design of transportation facilities. The

1771

various factors involved in the decision or decisions and any

1772

alternative proposals shall be clearly presented so that the

1773

persons attending the hearing may present their views relating to

1774

the decision or decisions which will be made.

1775

     (c)  Opportunity for design hearings:

1776

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

1777

duly notify all affected property owners of record, as recorded

1778

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

1779

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

1780

owners shall be:

1781

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

1782

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

1783

     b.  Those whom the department determines will be

1784

substantially affected environmentally, economically, socially,

1785

or safetywise.

1786

     2.  For each subsequent hearing, the department shall

1787

publish notice prior to the hearing date in a newspaper of

1788

general circulation for the area affected. These notices must be

1789

published twice, with the first notice appearing at least 15

1790

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

1791

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

1792

be furnished to the United States Department of Transportation

1793

and to the appropriate departments of the state government at the

1794

time of publication.

1795

     4.  The opportunity for another hearing shall be afforded in

1796

any case when proposed locations or designs are so changed from

1797

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

1798

to have a substantially different social, economic, or

1799

environmental effect.

1800

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

1801

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

1802

is required.

1803

     Section 26.  Subsection (3) and paragraphs (b) and (c) of

1804

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

1805

to read:

1806

     339.2816  Small County Road Assistance Program.--

1807

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

1808

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

1809

$25 million annually from the State Transportation Trust Fund may

1810

be used for the purposes of funding the Small County Road

1811

Assistance Program as described in this section.

1812

     (4)

1813

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

1814

under this program, the department may consider whether the

1815

county has attempted to keep county roads in satisfactory

1816

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

1817

valorem millage rate imposed by the county. The department may

1818

also consider the extent to which the county has offered to

1819

provide a match of local funds with state funds provided under

1820

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

1821

if:

1822

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

1823

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

1824

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

1825

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

1826

mills.

1827

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

1828

projects for funding under the program:

1829

     1.  The primary criterion is the physical condition of the

1830

road as measured by the department.

1831

     2.  As secondary criteria the department may consider:

1832

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

1833

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

1834

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

1835

     d.  Whether a road is considered a feeder road.

1836

     e. Whether a road is located in a fiscally constrained

1837

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

1838

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

1839

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

1840

determined by the department.

1841

     Section 27.  Subsections (1) and (3) of section 339.2819,

1842

Florida Statutes, are amended to read:

1843

     339.2819  Transportation Regional Incentive Program.--

1844

     (1)  There is created within the Department of

1845

Transportation a Transportation Regional Incentive Program for

1846

the purpose of providing funds to improve regionally significant

1847

transportation facilities in regional transportation areas

1848

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

1849

     (3)  The department shall allocate funding available for the

1850

Transportation Regional Incentive Program to the districts based

1851

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

1852

collections for eligible counties in regional transportation

1853

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

1854

     Section 28.  Subsection (6) of section 339.285, Florida

1855

Statutes, is amended to read:

1856

     339.285  Enhanced Bridge Program for Sustainable

1857

Transportation.--

1858

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

1859

corridors that connect to the Strategic Intermodal System,

1860

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

1861

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

1862

(d), and (e).

1863

     Section 29.  Subsection (4) of section 348.0003, Florida

1864

Statutes, is amended to read:

1865

     348.0003  Expressway authority; formation; membership.--

1866

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

1867

executive director, its own counsel and legal staff, technical

1868

experts, and such engineers and employees, permanent or

1869

temporary, as it may require and shall determine the

1870

qualifications and fix the compensation of such persons, firms,

1871

or corporations. An authority may employ a fiscal agent or

1872

agents; however, the authority must solicit sealed proposals from

1873

at least three persons, firms, or corporations for the

1874

performance of any services as fiscal agents. An authority may

1875

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

1876

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

1877

Florida Expressway Authority Act, subject always to the

1878

supervision and control of the authority. Members of an authority

1879

may be removed from office by the Governor for misconduct,

1880

malfeasance, misfeasance, or nonfeasance in office.

1881

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

1882

the authority their travel and other necessary expenses incurred

1883

in connection with the business of the authority as provided in

1884

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

1885

     (c) Members of each expressway an authority, transportation

1886

authority, bridge authority, or toll authority, created pursuant

1887

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

1888

other legislative enactment, shall be required to comply with the

1889

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

1890

the State Constitution. This subsection does not subject a

1891

statutorily created expressway authority, transportation

1892

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

1893

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

1894

other than those contained in this subsection.

1895

     Section 30.  Paragraph (c) is added to subsection (1) of

1896

section 348.0004, Florida Statutes, to read:

1897

     348.0004  Purposes and powers.--

1898

     (1)

1899

     (c) Notwithstanding any other provision of law, expressway

1900

authorities as defined in chapter 348 shall index toll rates on

1901

toll facilities to the annual Consumer Price Index or similar

1902

inflation indicators. Toll rate index for inflation under this

1903

subsection must be adopted and approved by the expressway

1904

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

1905

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

1906

than once every 5 years as necessary to accommodate cash toll

1907

rate schedules. Toll rates may be increased beyond these limits

1908

as directed by bond documents, covenants, or governing body

1909

authorization or pursuant to department administrative rule.

1910

     Section 31. Part III of chapter 343, Florida Statutes,

1911

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

1912

343.76, and 343.77, is repealed.

1913

     Section 32. The Department of Transportation, in

1914

consultation with the Department of Law Enforcement, the Division

1915

of Emergency Management of the Department of Community Affairs,

1916

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

1917

regional planning councils within whose jurisdictional area the

1918

I-95 corridor lies, shall complete a study of transportation

1919

alternatives for the travel corridor parallel to Interstate 95

1920

which takes into account the transportation, emergency

1921

management, homeland security, and economic development needs of

1922

the state. The report must include identification of cost-

1923

effective measures that may be implemented to alleviate

1924

congestion on Interstate 95, facilitate emergency and security

1925

responses, and foster economic development. The Department of

1926

Transportation shall send the report to the Governor, the

1927

President of the Senate, the Speaker of the House of

1928

Representatives, and each affected metropolitan planning

1929

organization by June 30, 2009.

1930

     Section 33.  Subsection (18) of section 409.908, Florida

1931

Statutes, is amended to read:

1932

     409.908  Reimbursement of Medicaid providers.--Subject to

1933

specific appropriations, the agency shall reimburse Medicaid

1934

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

1935

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

1936

manuals and handbooks incorporated by reference therein. These

1937

methodologies may include fee schedules, reimbursement methods

1938

based on cost reporting, negotiated fees, competitive bidding

1939

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

1940

efficient and effective for purchasing services or goods on

1941

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

1942

reporting and submits a cost report late and that cost report

1943

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

1944

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

1945

retroactively calculated using the new cost report, and full

1946

payment at the recalculated rate shall be effected retroactively.

1947

Medicare-granted extensions for filing cost reports, if

1948

applicable, shall also apply to Medicaid cost reports. Payment

1949

for Medicaid compensable services made on behalf of Medicaid

1950

eligible persons is subject to the availability of moneys and any

1951

limitations or directions provided for in the General

1952

Appropriations Act or chapter 216. Further, nothing in this

1953

section shall be construed to prevent or limit the agency from

1954

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

1955

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

1956

necessary to comply with the availability of moneys and any

1957

limitations or directions provided for in the General

1958

Appropriations Act, provided the adjustment is consistent with

1959

legislative intent.

1960

     (18)  Unless otherwise provided for in the General

1961

Appropriations Act, a provider of transportation services shall

1962

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

1963

the Medicaid maximum allowable fee established by the agency,

1964

except when the agency has entered into a direct contract with

1965

the provider, or with a community transportation coordinator, for

1966

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

1967

provided pursuant to an agreement negotiated between the agency

1968

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

1969

shall purchase transportation services through the community

1970

coordinated transportation system, if available, unless the

1971

agency, after consultation with the commission, determines that

1972

it cannot reach mutually acceptable contract terms with the

1973

commission. The agency may then contract for the same

1974

transportation services provided in a more cost-effective manner

1975

and of comparable or higher quality and standards determines a

1976

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

1977

subsection shall be construed to limit or preclude the agency

1978

from contracting for services using a prepaid capitation rate or

1979

from establishing maximum fee schedules, individualized

1980

reimbursement policies by provider type, negotiated fees, prior

1981

authorization, competitive bidding, increased use of mass

1982

transit, or any other mechanism that the agency considers

1983

efficient and effective for the purchase of services on behalf of

1984

Medicaid clients, including implementing a transportation

1985

eligibility process. The agency shall not be required to contract

1986

with any community transportation coordinator or transportation

1987

operator that has been determined by the agency, the Department

1988

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

1989

or federal agency to have engaged in any abusive or fraudulent

1990

billing activities. The agency is authorized to competitively

1991

procure transportation services or make other changes necessary

1992

to secure approval of federal waivers needed to permit federal

1993

financing of Medicaid transportation services at the service

1994

matching rate rather than the administrative matching rate.

1995

Notwithstanding chapter 427, the agency is authorized to continue

1996

contracting for Medicaid nonemergency transportation services in

1997

agency service area 11 with managed care plans that were under

1998

contract for those services before July 1, 2004.

1999

     Section 34.  Subsections (8), (12), and (13) of section

2000

427.011, Florida Statutes, are amended to read:

2001

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

2002

427.017:

2003

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

2004

department or agency whose head is an ex officio, nonvoting

2005

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

2006

purchases transportation services for the transportation

2007

disadvantaged.

2008

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

2009

funding resources available for providing transportation services

2010

to the transportation disadvantaged and which is prepared

2011

annually to cover a period of 1 state fiscal year.

2012

     (12)(13) "Nonsponsored transportation disadvantaged

2013

services" means transportation disadvantaged services that are

2014

not sponsored or subsidized by any funding source other than the

2015

Transportation Disadvantaged Trust Fund.

2016

     Section 35.  Subsection (4) of section 427.012, Florida

2017

Statutes, is amended to read:

2018

     427.012  The Commission for the Transportation

2019

Disadvantaged.--There is created the Commission for the

2020

Transportation Disadvantaged in the Department of Transportation.

2021

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

2022

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

2023

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

2024

members present is necessary for any action taken by the

2025

commission.

2026

     Section 36.  Subsections (7), (8), (9), (14), and (26) of

2027

section 427.013, Florida Statutes, are amended, and subsection

2028

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

2029

     427.013  The Commission for the Transportation

2030

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

2031

commission is to accomplish the coordination of transportation

2032

services provided to the transportation disadvantaged. The goal

2033

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

2034

provision of transportation by qualified community transportation

2035

coordinators or transportation operators for the transportation

2036

disadvantaged without any bias or presumption in favor of

2037

multioperator systems or not-for-profit transportation operators

2038

over single operator systems or for-profit transportation

2039

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

2040

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

2041

ensure Assure that all procedures, guidelines, and directives

2042

issued by purchasing agencies member departments are conducive to

2043

the coordination of transportation services.

2044

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

2045

departments purchase all trips within the coordinated system,

2046

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

2047

use a more cost-effective alternative provider that meets

2048

comparable quality and standards.

2049

     (b) Unless the purchasing agency has negotiated with the

2050

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

2051

provide, by rule, criteria and procedures for purchasing agencies

2052

member departments to use if they wish to use an alternative

2053

provider. Agencies Departments must demonstrate either that the

2054

proposed alternative provider can provide a trip of comparable

2055

acceptable quality and standards for the clients at a lower cost

2056

than that provided within the coordinated system, or that the

2057

coordinated system cannot accommodate the agency's department's

2058

clients.

2059

     (9) Unless the purchasing agency has negotiated with the

2060

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

2061

develop by rule standards for community transportation

2062

coordinators and any transportation operator or coordination

2063

contractor from whom service is purchased or arranged by the

2064

community transportation coordinator covering coordination,

2065

operation, safety, insurance, eligibility for service, costs, and

2066

utilization of transportation disadvantaged services. These

2067

standards and rules must include, but are not limited to:

2068

     (a) Inclusion, by rule, of acceptable ranges of trip costs

2069

for the various modes and types of transportation services

2070

provided.

2071

     (a)(b) Minimum performance standards for the delivery of

2072

services. These standards must be included in coordinator

2073

contracts and transportation operator contracts with clear

2074

penalties for repeated or continuing violations.

2075

     (b)(c) Minimum liability insurance requirements for all

2076

transportation services purchased, provided, or coordinated for

2077

the transportation disadvantaged through the community

2078

transportation coordinator.

2079

     (14) Consolidate, for each state agency, the annual budget

2080

estimates for transportation disadvantaged services, and the

2081

amounts of each agency's actual expenditures, together with the

2082

actual expenditures annual budget estimates of each official

2083

planning agency, local government, and directly federally funded

2084

agency and the amounts collected by each official planning agency

2085

issue a report.

2086

     (26)  Develop a quality assurance and management review

2087

program to monitor, based upon approved commission standards,

2088

services contracted for by an agency, and those provided by a

2089

community transportation operator pursuant to s. 427.0155. Staff

2090

of the quality assurance and management review program shall

2091

function independently and be directly responsible to the

2092

executive director.

2093

     (29) Incur expenses for the purchase of advertisements,

2094

marketing services, and promotional items.

2095

     Section 37.  Section 427.0135, Florida Statutes, is amended

2096

to read:

2097

     427.0135 Purchasing agencies Member departments; duties and

2098

responsibilities.--Each purchasing agency member department, in

2099

carrying out the policies and procedures of the commission,

2100

shall:

2101

     (1)(a) Use the coordinated transportation system for

2102

provision of services to its clients, unless each department or

2103

purchasing agency meets the criteria outlined in rule or statute

2104

to use an alternative provider.

2105

     (b) Subject to the provisions of s. 409.908(18), the

2106

Medicaid agency shall purchase transportation services through

2107

the community coordinated transportation system unless a more

2108

cost-effective method is determined by the agency for Medicaid

2109

clients or unless otherwise limited or directed by the General

2110

Appropriations Act.

2111

     (2) Pay the rates established in the service plan or

2112

negotiated statewide contract, unless the purchasing agency has

2113

completed the procedure for using an alternative provider and

2114

demonstrated that a proposed alternative provider can provide a

2115

more cost-effective transportation service of comparable quality

2116

and standards or unless the agency has satisfied the requirements

2117

of subsection (3).

2118

     (3) Not procure transportation disadvantaged services

2119

without initially negotiating with the commission, as provided in

2120

s. 287.057(5)(f)13., or unless otherwise authorized by statute.

2121

If the purchasing agency, after consultation with the commission,

2122

determines that it cannot reach mutually acceptable contract

2123

terms with the commission, the purchasing agency may contract for

2124

the same transportation services provided in a more cost-

2125

effective manner and of comparable or higher quality and

2126

standards. The Medicaid agency shall implement this subsection in

2127

a manner consistent with s. 409.908(18) and as otherwise limited

2128

or directed by the General Appropriations Act.

2129

     (4) Identify in the legislative budget request provided to

2130

the Governor each year for the General Appropriations Act the

2131

specific amount of money the purchasing agency will allocate to

2132

provide transportation disadvantaged services.

2133

     (5)(2) Provide the commission, by September 15 of each

2134

year, an accounting of all funds spent as well as how many trips

2135

were purchased with agency funds.

2136

     (6)(3) Assist communities in developing coordinated

2137

transportation systems designed to serve the transportation

2138

disadvantaged. However, a purchasing agency member department may

2139

not serve as the community transportation coordinator in any

2140

designated service area.

2141

     (7)(4) Ensure Assure that its rules, procedures,

2142

guidelines, and directives are conducive to the coordination of

2143

transportation funds and services for the transportation

2144

disadvantaged.

2145

     (8)(5) Provide technical assistance, as needed, to

2146

community transportation coordinators or transportation operators

2147

or participating agencies.

2148

     Section 38.  Subsections (2) and (3) of section 427.015,

2149

Florida Statutes, are amended to read:

2150

     427.015  Function of the metropolitan planning organization

2151

or designated official planning agency in coordinating

2152

transportation for the transportation disadvantaged.--

2153

     (2)  Each metropolitan planning organization or designated

2154

official planning agency shall recommend to the commission a

2155

single community transportation coordinator. However, a

2156

purchasing agency member department may not serve as the

2157

community transportation coordinator in any designated service

2158

area. The coordinator may provide all or a portion of needed

2159

transportation services for the transportation disadvantaged but

2160

shall be responsible for the provision of those coordinated

2161

services. Based on approved commission evaluation criteria, the

2162

coordinator shall subcontract or broker those services that are

2163

more cost-effectively and efficiently provided by subcontracting

2164

or brokering. The performance of the coordinator shall be

2165

evaluated based on the commission's approved evaluation criteria

2166

by the coordinating board at least annually. A copy of the

2167

evaluation shall be submitted to the metropolitan planning

2168

organization or the designated official planning agency, and the

2169

commission. The recommendation or termination of any community

2170

transportation coordinator shall be subject to approval by the

2171

commission.

2172

     (3)  Each metropolitan planning organization or designated

2173

official planning agency shall request each local government in

2174

its jurisdiction to provide the actual expenditures an estimate

2175

of all local and direct federal funds to be expended for

2176

transportation for the disadvantaged. The metropolitan planning

2177

organization or designated official planning agency shall

2178

consolidate this information into a single report and forward it,

2179

by September 15 the beginning of each fiscal year, to the

2180

commission.

2181

     Section 39.  Subsection (7) of section 427.0155, Florida

2182

Statutes, is amended to read:

2183

     427.0155  Community transportation coordinators; powers and

2184

duties.--Community transportation coordinators shall have the

2185

following powers and duties:

2186

     (7)  In cooperation with the coordinating board and pursuant

2187

to criteria developed by the Commission for the Transportation

2188

Disadvantaged, establish eligibility guidelines and priorities

2189

with regard to the recipients of nonsponsored transportation

2190

disadvantaged services that are purchased with Transportation

2191

Disadvantaged Trust Fund moneys.

2192

     Section 40.  Subsection (4) of section 427.0157, Florida

2193

Statutes, is amended to read:

2194

     427.0157  Coordinating boards; powers and duties.--The

2195

purpose of each coordinating board is to develop local service

2196

needs and to provide information, advice, and direction to the

2197

community transportation coordinators on the coordination of

2198

services to be provided to the transportation disadvantaged. The

2199

commission shall, by rule, establish the membership of

2200

coordinating boards. The members of each board shall be appointed

2201

by the metropolitan planning organization or designated official

2202

planning agency. The appointing authority shall provide each

2203

board with sufficient staff support and resources to enable the

2204

board to fulfill its responsibilities under this section. Each

2205

board shall meet at least quarterly and shall:

2206

     (4)  Assist the community transportation coordinator in

2207

establishing eligibility guidelines and priorities with regard to

2208

the recipients of nonsponsored transportation disadvantaged

2209

services that are purchased with Transportation Disadvantaged

2210

Trust Fund moneys.

2211

     Section 41.  Subsections (2) and (3) of section 427.0158,

2212

Florida Statutes, are amended to read:

2213

     427.0158  School bus and public transportation.--

2214

     (2)  The school boards shall cooperate in the utilization of

2215

their vehicles to enhance coordinated disadvantaged

2216

transportation disadvantaged services by providing the

2217

information as requested by the community transportation

2218

coordinator required by this section and by allowing the use of

2219

their vehicles at actual cost upon request when those vehicles

2220

are available for such use and are not transporting students.

2221

Semiannually, no later than October 1 and April 30, a designee

2222

from the local school board shall provide the community

2223

transportation coordinator with copies to the coordinated

2224

transportation board, the following information for vehicles not

2225

scheduled 100 percent of the time for student transportation use:

2226

     (a) The number and type of vehicles by adult capacity,

2227

including days and times, that the vehicles are available for

2228

coordinated transportation disadvantaged services;

2229

     (b) The actual cost per mile by vehicle type available;

2230

     (c) The actual driver cost per hour;

2231

     (d) Additional actual cost associated with vehicle use

2232

outside the established workday or workweek of the entity; and

2233

     (e) Notification of lead time required for vehicle use.

2234

     (3)  The public transit fixed route or fixed schedule system

2235

shall cooperate in the utilization of its regular service to

2236

enhance coordinated transportation disadvantaged services by

2237

providing the information as requested by the community

2238

transportation coordinator required by this section. Annually, no

2239

later than October 1, a designee from the local public transit

2240

fixed route or fixed schedule system shall provide The community

2241

transportation coordinator may request, without limitation, with

2242

copies to the coordinated transportation board, the following

2243

information:

2244

     (a)  A copy of all current schedules, route maps, system

2245

map, and fare structure;

2246

     (b)  A copy of the current charter policy;

2247

     (c)  A copy of the current charter rates and hour

2248

requirements; and

2249

     (d)  Required notification time to arrange for a charter.

2250

     Section 42.  Subsection (4) is added to section 427.0159,

2251

Florida Statutes, to read:

2252

     427.0159  Transportation Disadvantaged Trust Fund.--

2253

     (4) A purchasing agency may deposit funds into the

2254

Transportation Disadvantaged Trust Fund for the commission to

2255

implement, manage, and administer the purchasing agency's

2256

transportation disadvantaged funds, as defined in s. 427.011(10).

2257

     Section 43.  Paragraph (b) of subsection (1) and subsection

2258

(2) of section 427.016, Florida Statutes, are amended to read:

2259

     427.016  Expenditure of local government, state, and federal

2260

funds for the transportation disadvantaged.--

2261

     (1)

2262

     (b) Nothing in This subsection does not shall be construed

2263

to limit or preclude a purchasing the Medicaid agency from

2264

establishing maximum fee schedules, individualized reimbursement

2265

policies by provider type, negotiated fees, competitive bidding,

2266

or any other mechanism, including contracting after initial

2267

negotiation with the commission, which that the agency considers

2268

more cost-effective and of comparable or higher quality and

2269

standards than those of the commission efficient and effective

2270

for the purchase of services on behalf of its Medicaid clients if

2271

it has fulfilled the requirements of s. 427.0135(3) or the

2272

procedure for using an alternative provider. State and local

2273

agencies shall not contract for any transportation disadvantaged

2274

services, including Medicaid reimbursable transportation

2275

services, with any community transportation coordinator or

2276

transportation operator that has been determined by the Agency

2277

for Health Care Administration, the Department of Legal Affairs

2278

Medicaid Fraud Control Unit, or any state or federal agency to

2279

have engaged in any abusive or fraudulent billing activities.

2280

     (2) Each year, each agency, whether or not it is an ex

2281

officio, nonvoting advisor to a member of the Commission for the

2282

Transportation Disadvantaged, shall identify in the legislative

2283

budget request provided to the Governor for the General

2284

Appropriations Act inform the commission in writing, before the

2285

beginning of each fiscal year, of the specific amount of any

2286

money the agency will allocate allocated for the provision of

2287

transportation disadvantaged services. Additionally, each state

2288

agency shall, by September 15 of each year, provide the

2289

commission with an accounting of the actual amount of funds

2290

expended and the total number of trips purchased.

2291

     Section 44.  Subsection (1) of section 479.01, Florida

2292

Statutes, is amended to read:

2293

     479.01  Definitions.--As used in this chapter, the term:

2294

     (1) "Automatic changeable facing" means a facing that which

2295

through a mechanical system is capable of delivering two or more

2296

advertising messages through an automated or remotely controlled

2297

process and shall not rotate so rapidly as to cause distraction

2298

to a motorist.

2299

     Section 45.  Subsections (1) and (5) of section 479.07,

2300

Florida Statutes, are amended to read:

2301

     479.07  Sign permits.--

2302

     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a

2303

person may not erect, operate, use, or maintain, or cause to be

2304

erected, operated, used, or maintained, any sign on the State

2305

Highway System outside an urban incorporated area, as defined in

2306

s. 334.03(32), or on any portion of the interstate or federal-aid

2307

primary highway system without first obtaining a permit for the

2308

sign from the department and paying the annual fee as provided in

2309

this section. For purposes of this section, "on any portion of

2310

the State Highway System, interstate, or federal-aid primary

2311

system" shall mean a sign located within the controlled area

2312

which is visible from any portion of the main-traveled way of

2313

such system.

2314

     (5)(a)  For each permit issued, the department shall furnish

2315

to the applicant a serially numbered permanent metal permit tag.

2316

The permittee is responsible for maintaining a valid permit tag

2317

on each permitted sign facing at all times. The tag shall be

2318

securely attached to the sign facing or, if there is no facing,

2319

on the pole nearest the highway; and it shall be attached in such

2320

a manner as to be plainly visible from the main-traveled way.

2321

Effective July 1, 2011, the tag shall be securely attached to the

2322

upper 50 percent of the pole nearest the highway in a manner as

2323

to be plainly visible from the main-traveled way. The permit will

2324

become void unless the permit tag is properly and permanently

2325

displayed at the permitted site within 30 days after the date of

2326

permit issuance. If the permittee fails to erect a completed sign

2327

on the permitted site within 270 days after the date on which the

2328

permit was issued, the permit will be void, and the department

2329

may not issue a new permit to that permittee for the same

2330

location for 270 days after the date on which the permit became

2331

void.

2332

     (b)  If a permit tag is lost, stolen, or destroyed, the

2333

permittee to whom the tag was issued may must apply to the

2334

department for a replacement tag. The department shall establish

2335

by rule a service fee for replacement tags in an amount that will

2336

recover the actual cost of providing the replacement tag. Upon

2337

receipt of the application accompanied by the a service fee of

2338

$3, the department shall issue a replacement permit tag.

2339

Alternatively, the permittee may provide its own replacement tag

2340

pursuant to department specifications which the department shall

2341

establish by rule at the time it establishes the service fee for

2342

replacement tags.

2343

     Section 46.  Section 479.08, Florida Statutes, is amended to

2344

read:

2345

     479.08  Denial or revocation of permit.--The department has

2346

the authority to deny or revoke any permit requested or granted

2347

under this chapter in any case in which it determines that the

2348

application for the permit contains knowingly false or knowingly

2349

misleading information. The department may revoke any permit

2350

granted under this chapter in any case where or that the

2351

permittee has violated any of the provisions of this chapter,

2352

unless such permittee, within 30 days after the receipt of notice

2353

by the department, corrects such false or misleading information

2354

and complies with the provisions of this chapter. For the purpose

2355

of this subsection, the notice of violation issued by the

2356

department shall describe in detail the alleged violation. Any

2357

person aggrieved by any action of the department in denying or

2358

revoking a permit under this chapter may, within 30 days after

2359

receipt of the notice, apply to the department for an

2360

administrative hearing pursuant to chapter 120. If a timely

2361

request for hearing has been filed and the department issues a

2362

final order revoking a permit, such revocation shall be effective

2363

30 days after the date of rendition. Except for department action

2364

pursuant to s. 479.107(1), the filing of a timely and proper

2365

notice of appeal shall operate to stay the revocation until the

2366

department's action is upheld.

2367

     Section 47.  Section 479.156, Florida Statutes, is amended

2368

to read:

2369

     479.156  Wall murals.--Notwithstanding any other provision

2370

of this chapter, a municipality or county may permit and regulate

2371

wall murals within areas designated by such government. If a

2372

municipality or county permits wall murals, a wall mural that

2373

displays a commercial message and is within 660 feet of the

2374

nearest edge of the right-of-way within an area adjacent to the

2375

interstate highway system or the federal-aid primary highway

2376

system shall be located in an area that is zoned for industrial

2377

or commercial use and the municipality or county shall establish

2378

and enforce regulations for such areas that, at a minimum, set

2379

forth criteria governing the size, lighting, and spacing of wall

2380

murals consistent with the intent of the Highway Beautification

2381

Act of 1965 and with customary use. Whenever a municipality or

2382

county exercises such control and makes a determination of

2383

customary use, pursuant to 23 U.S.C. s. 131(d), such

2384

determination shall be accepted in lieu of controls in the

2385

agreement between the state and the United States Department of

2386

Transportation, and the Department of Transportation shall notify

2387

the Federal Highway Administration pursuant to the agreement, 23

2388

U.S.C. s. 131(d), and 23 C.F.R. s. 750.706(c). A wall mural that

2389

is subject to municipal or county regulation and the Highway

2390

Beautification Act of 1965 must be approved by the Department of

2391

Transportation and the Federal Highway Administration where

2392

required by federal law and federal regulation pursuant to and

2393

may not violate the agreement between the state and the United

2394

States Department of Transportation and or violate federal

2395

regulations enforced by the Department of Transportation under s.

2396

479.02(1). The existence of a wall mural as defined in s.

2397

479.01(27) shall not be considered in determining whether a sign

2398

as defined in s. 479.01(17), either existing or new, is in

2399

compliance with s. 479.07(9)(a).

2400

     Section 48.  Subsections (1), (3), (4), and (5) of section

2401

479.261, Florida Statutes, are amended to read:

2402

     479.261  Logo sign program.--

2403

     (1)  The department shall establish a logo sign program for

2404

the rights-of-way of the interstate highway system to provide

2405

information to motorists about available gas, food, lodging, and

2406

camping, attractions, and other services, as approved by the

2407

Federal Highway Administration, at interchanges, through the use

2408

of business logos, and may include additional interchanges under

2409

the program. A logo sign for nearby attractions may be added to

2410

this program if allowed by federal rules.

2411

     (a)  An attraction as used in this chapter is defined as an

2412

establishment, site, facility, or landmark that which is open a

2413

minimum of 5 days a week for 52 weeks a year; that which charges

2414

an admission for entry; which has as its principal focus family-

2415

oriented entertainment, cultural, educational, recreational,

2416

scientific, or historical activities; and that which is publicly

2417

recognized as a bona fide tourist attraction. However, the

2418

permits for businesses seeking to participate in the attractions

2419

logo sign program shall be awarded by the department annually to

2420

the highest bidders, notwithstanding the limitation on fees in

2421

subsection (5), which are qualified for available space at each

2422

qualified location, but the fees therefor may not be less than

2423

the fees established for logo participants in other logo

2424

categories.

2425

     (b)  The department shall incorporate the use of RV-friendly

2426

markers on specific information logo signs for establishments

2427

that cater to the needs of persons driving recreational vehicles.

2428

Establishments that qualify for participation in the specific

2429

information logo program and that also qualify as "RV-friendly"

2430

may request the RV-friendly marker on their specific information

2431

logo sign. An RV-friendly marker must consist of a design

2432

approved by the Federal Highway Administration. The department

2433

shall adopt rules in accordance with chapter 120 to administer

2434

this paragraph, including rules setting forth the minimum

2435

requirements that establishments must meet in order to qualify as

2436

RV-friendly. These requirements shall include large parking

2437

spaces, entrances, and exits that can easily accommodate

2438

recreational vehicles and facilities having appropriate overhead

2439

clearances, if applicable.

2440

     (c) The department may implement a 3-year rotation-based

2441

logo program providing for the removal and addition of

2442

participating businesses in the program.

2443

     (3)  Logo signs may be installed upon the issuance of an

2444

annual permit by the department or its agent and payment of a an

2445

application and permit fee to the department or its agent.

2446

     (4)  The department may contract pursuant to s. 287.057 for

2447

the provision of services related to the logo sign program,

2448

including recruitment and qualification of businesses, review of

2449

applications, permit issuance, and fabrication, installation, and

2450

maintenance of logo signs. The department may reject all

2451

proposals and seek another request for proposals or otherwise

2452

perform the work. If the department contracts for the provision

2453

of services for the logo sign program, the contract must require,

2454

unless the business owner declines, that businesses that

2455

previously entered into agreements with the department to

2456

privately fund logo sign construction and installation be

2457

reimbursed by the contractor for the cost of the signs which has

2458

not been recovered through a previously agreed upon waiver of

2459

fees. The contract also may allow the contractor to retain a

2460

portion of the annual fees as compensation for its services.

2461

     (5)  Permit fees for businesses that participate in the

2462

program must be established in an amount sufficient to offset the

2463

total cost to the department for the program, including contract

2464

costs. The department shall provide the services in the most

2465

efficient and cost-effective manner through department staff or

2466

by contracting for some or all of the services. The department

2467

shall adopt rules that set reasonable rates based upon factors

2468

such as population, traffic volume, market demand, and costs for

2469

annual permit fees. However, annual permit fees for sign

2470

locations inside an urban area, as defined in s. 334.03(32), may

2471

not exceed $5,000 and annual permit fees for sign locations

2472

outside an urban area, as defined in s. 334.03(32), may not

2473

exceed $2,500. After recovering program costs, the proceeds from

2474

the logo program shall be deposited into the State Transportation

2475

Trust Fund and used for transportation purposes. Such annual

2476

permit fee shall not exceed $1,250.

2477

     Section 49.  Section 212.0606, Florida Statutes, is amended

2478

to read:

2479

     212.0606 Rental car surcharge; discretionary local rental

2480

car surcharge.--

2481

     (1) A surcharge of $2 $2.00 per day or any part of a day is

2482

imposed upon the lease or rental of a motor vehicle licensed for

2483

hire and designed to carry fewer less than nine passengers,

2484

regardless of whether such motor vehicle is licensed in Florida.

2485

The surcharge applies to only the first 30 days of the term of

2486

any lease or rental and. The surcharge is subject to all

2487

applicable taxes imposed by this chapter.

2488

     (2)(a) Notwithstanding s. the provisions of section 212.20,

2489

and less costs of administration, 80 percent of the proceeds of

2490

the this surcharge imposed under subsection (1) shall be

2491

deposited in the State Transportation Trust Fund, 15.75 percent

2492

of the proceeds of this surcharge shall be deposited in the

2493

Tourism Promotional Trust Fund created in s. 288.122, and 4.25

2494

percent of the proceeds of this surcharge shall be deposited in

2495

the Florida International Trade and Promotion Trust Fund. As used

2496

in For the purposes of this subsection, "proceeds" of the

2497

surcharge means all funds collected and received by the

2498

department under subsection (1) this section, including interest

2499

and penalties on delinquent surcharges. The department shall

2500

provide the Department of Transportation rental car surcharge

2501

revenue information for the previous state fiscal year by

2502

September 1 of each year.

2503

     (b)  Notwithstanding any other provision of law, in fiscal

2504

year 2007-2008 and each year thereafter, the proceeds deposited

2505

in the State Transportation Trust Fund shall be allocated on an

2506

annual basis in the Department of Transportation's work program

2507

to each department district, except the Turnpike District. The

2508

amount allocated for each district shall be based upon the amount

2509

of proceeds attributed to the counties within each respective

2510

district.

2511

     (3)(a) In addition to the surcharge imposed under

2512

subsection (1), each county containing an international airport

2513

may levy a discretionary local surcharge pursuant to county

2514

ordinance and subject to approval by a majority vote of the

2515

electorate of the county voting in a referendum on the local

2516

surcharge of $2 per day, or any part of a day, upon the lease or

2517

rental, originating at an international airport, of a motor

2518

vehicle licensed for hire and designed to carry fewer than nine

2519

passengers, regardless of whether such motor vehicle is licensed

2520

in this state. The surcharge may be applied to only the first 30

2521

days of the term of the lease or rental and is subject to all

2522

applicable taxes imposed by this chapter.

2523

     (b) If the ordinance authorizing the imposition of the

2524

surcharge is approved by such referendum, a certified copy of the

2525

ordinance shall be furnished by the county to the department

2526

within 10 days after such approval, but no later than November 16

2527

prior to the effective date. The notice must specify the time

2528

period during which the surcharge will be in effect and must

2529

include a copy of the ordinance and such other information as the

2530

department requires by rule. Failure to timely provide such

2531

notification to the department shall result in delay of the

2532

effective date for a period of 1 year. The effective date for any

2533

county to impose the surcharge shall be January 1 following the

2534

year in which the ordinance was approved by referendum. A local

2535

surcharge may not terminate on a date other than December 31.

2536

     (c) Any dealer that collects the local surcharge but fails

2537

to report surcharge collections by county, as required by

2538

paragraph (4)(b), shall have the surcharge proceeds deposited

2539

into the Solid Waste Management Trust Fund and then transferred

2540

to the Local Option Fuel Tax Trust Fund, which is separate from

2541

the county surcharge collection accounts. The department shall

2542

distribute funds in this account, less the cost of

2543

administration, using a distribution factor determined for each

2544

county that levies a surcharge based on the county's latest

2545

official population determined pursuant to s. 186.901 and

2546

multiplied by the amount of funds in the account and available

2547

for distribution.

2548

     (d) Notwithstanding s. 212.20, and less the costs of

2549

administration, the proceeds of the local surcharge imposed under

2550

paragraph (a) shall be transferred to the Local Option Fuel Tax

2551

Trust Fund and distributed monthly by the department under s.

2552

336.025(3)(a)1. or (4)(a) and used solely for costs associated

2553

with the construction, reconstruction, operation, maintenance,

2554

and repair of facilities under a commuter rail service program

2555

provided by the state or other governmental entity. As used in

2556

this subsection, "proceeds" of the local surcharge means all

2557

funds collected and received by the department under this

2558

subsection, including interest and penalties on delinquent

2559

surcharges.

2560

     (4)(3)(a) Except as provided in this section, the

2561

department shall administer, collect, and enforce the surcharge

2562

and local surcharge as provided in this chapter.

2563

     (b)  The department shall require dealers to report

2564

surcharge collections according to the county to which the

2565

surcharge and local surcharge was attributed. For purposes of

2566

this section, the surcharge and local surcharge shall be

2567

attributed to the county where the rental agreement was entered

2568

into.

2569

     (c) Dealers who collect a the rental car surcharge shall

2570

report to the department all surcharge and local surcharge

2571

revenues attributed to the county where the rental agreement was

2572

entered into on a timely filed return for each required reporting

2573

period. The provisions of this chapter which apply to interest

2574

and penalties on delinquent taxes shall apply to the surcharge

2575

and local surcharge. The surcharge and local surcharge shall not

2576

be included in the calculation of estimated taxes pursuant to s.

2577

212.11. The dealer's credit provided in s. 212.12 shall not apply

2578

to any amount collected under this section.

2579

     (5)(4) The surcharge and any local surcharge imposed by

2580

this section does not apply to a motor vehicle provided at no

2581

charge to a person whose motor vehicle is being repaired,

2582

adjusted, or serviced by the entity providing the replacement

2583

motor vehicle.

2584

     Section 50.  Subsections (8), (9), (10), (11), (12), (13),

2585

and (14) are added to section 341.301, Florida Statutes, to read:

2586

     341.301  Definitions; ss. 341.302 and 341.303.--As used in

2587

ss. 341.302 and 341.303, the term:

2588

     (8) "Commuter rail passenger" or "passengers" means and

2589

includes any and all persons, ticketed or unticketed, using the

2590

commuter rail service on a department owned rail corridor:

2591

     (a) On board trains, locomotives, rail cars, or rail

2592

equipment employed in commuter rail service or entraining and

2593

detraining therefrom;

2594

     (b) On or about the rail corridor for any purpose related

2595

to the commuter rail service, including, without limitation,

2596

parking, inquiring about commuter rail service or purchasing

2597

tickets therefor, and coming to, waiting for, leaving from, or

2598

observing trains, locomotives, rail cars, or rail equipment; or

2599

     (c) Meeting, assisting, or in the company of any person

2600

described in paragraph (a) or paragraph (b).

2601

     (9) "Commuter rail service" means the transportation of

2602

commuter rail passengers and other passengers by rail pursuant to

2603

a rail program provided by the department or any other

2604

governmental entities.

2605

     (10) "Rail corridor invitee" means and includes any and all

2606

persons who are on or about a department-owned rail corridor:

2607

     (a) For any purpose related to any ancillary development

2608

thereon; or

2609

     (b) Meeting, assisting, or in the company of any person

2610

described in paragraph (a).

2611

     (11) "Rail corridor" means a linear contiguous strip of

2612

real property that is used for rail service. The term includes

2613

the corridor and structures essential to the operation of a

2614

railroad, including the land, structures, improvements, rights-

2615

of-way, easements, rail lines, rail beds, guideway structures,

2616

switches, yards, parking facilities, power relays, switching

2617

houses, rail stations, ancillary development, and any other

2618

facilities or equipment used for the purposes of construction,

2619

operation, or maintenance of a railroad that provides rail

2620

service.

2621

     (12) "Railroad operations" means the use of the rail

2622

corridor to conduct commuter rail service, intercity rail

2623

passenger service, or freight rail service.

2624

     (13) "Ancillary development" includes any lessee or

2625

licensee of the department, including, but not limited to, other

2626

governmental entities, vendors, retailers, restaurateurs, or

2627

contract service providers, within a department-owned rail

2628

corridor, except for providers of commuter rail service,

2629

intercity rail passenger service, or freight rail service.

2630

     (14) "Governmental entity" or "entities" means as defined

2631

in s. 11.45, including a "public agency" as defined in s. 163.01.

2632

     Section 51.  Present subsection (17) of Section 341.302,

2633

Florida Statutes, is redesignated as subsection (19) and new

2634

subsections (17) and (18) are added to that section, to read:

2635

     341.302  Rail program, duties and responsibilities of the

2636

department.--The department, in conjunction with other

2637

governmental entities units and the private sector, shall develop

2638

and implement a rail program of statewide application designed to

2639

ensure the proper maintenance, safety, revitalization, and

2640

expansion of the rail system to assure its continued and

2641

increased availability to respond to statewide mobility needs.

2642

Within the resources provided pursuant to chapter 216, and as

2643

authorized under federal law Title 49 C.F.R. part 212, the

2644

department shall:

2645

     (17) The department is authorized to purchase the required

2646

right-of-way, improvements, and appurtenances of the A-Line rail

2647

corridor from CSX Transportation, Inc., for a maximum purchase

2648

price of $450 million for the primary purpose of implementing

2649

commuter rail service in what is commonly identified as the

2650

Central Florida Rail Corridor, and consisting of an approximately

2651

61.5-mile section of the existing A-Line rail corridor running

2652

from a point at or near Deland, Florida to a point at or near

2653

Poinciana, Florida.

2654

     (18) Prior to operation of commuter rail in Central

2655

Florida, CSX and the department shall enter into a written

2656

agreement with the labor unions which will protect the interests

2657

of the employees who could be adversely affected.

2658

     (19) In conjunction with the acquisition, ownership,

2659

construction, operation, maintenance, and management of a rail

2660

corridor, the department shall have the authority to:

2661

     (a) Assume the obligation by contract to forever protect,

2662

defend, and indemnify and hold harmless the freight rail

2663

operator, or its successors, from whom the department has

2664

acquired a real property interest in the rail corridor, and that

2665

freight rail operator's officers, agents, and employees, from and

2666

against any liability, cost, and expense including, but not

2667

limited to, commuter rail passengers, rail corridor invitees, and

2668

trespassers in the rail corridor, regardless of whether the loss,

2669

damage, destruction, injury, or death giving rise to any such

2670

liability, cost, or expense is caused in whole or in part and to

2671

whatever nature or degree by the fault, failure, negligence,

2672

misconduct, nonfeasance, or misfeasance of such freight rail

2673

operator, its successors, or its officers, agents, and employees,

2674

or any other person or persons whomsoever, provided that such

2675

assumption of liability of the department by contract shall not

2676

in any instance exceed the following parameters of allocation of

2677

risk:

2678

     1. The department may be solely responsible for any loss,

2679

injury, or damage to commuter rail passengers, rail corridor

2680

invitees, or trespassers, regardless of circumstances or cause,

2681

subject to subparagraphs 2., 3., and 4.

2682

     2. When only one train is involved in an incident, the

2683

department may be solely responsible for any loss, injury, or

2684

damage if the train is a department train or other train pursuant

2685

to subparagraph 3., but only if in an instance when only a

2686

freight rail operator train is involved the freight rail operator

2687

is solely responsible for any loss, injury, or damage, except for

2688

commuter rail passengers, rail corridor invitees, and

2689

trespassers, and the freight rail operator is solely responsible

2690

for its property and all of its people in any instance when its

2691

train is involved in an incident.

2692

     3. For the purposes of this subsection, any train involved

2693

in an incident that is neither the department's train nor the

2694

freight rail operator's train, hereinafter referred to in this

2695

subsection as an "other train," may be treated as a department

2696

train, solely for purposes of any allocation of liability between

2697

the department and the freight rail operator only, but only if

2698

the department and the freight rail operator share responsibility

2699

equally as to third parties outside the rail corridor who incur

2700

loss, injury, or damage as a result of any incident involving

2701

both a department train and a freight rail operator train, and

2702

the allocation as between the department and the freight rail

2703

operator, regardless of whether the other train is treated as a

2704

department train, shall remain one-half each as to third parties

2705

outside the rail corridor who incur loss, injury, or damage as a

2706

result of the incident, and the involvement of any other train

2707

shall not alter the sharing of equal responsibility as to third

2708

parties outside the rail corridor who incur loss, injury, or

2709

damage as a result of the incident.

2710

     4. When more than one train is involved in an incident:

2711

     a. If only a department train and a freight rail operator's

2712

train, or only another train as described in subparagraph 3. and

2713

a freight rail operator's train, are involved in an incident, the

2714

department may be responsible for its property and all of its

2715

people, all commuter rail passengers, rail corridor invitees, and

2716

trespassers, but only if the freight rail operator is responsible

2717

for its property and all of its people, and the department and

2718

the freight rail operator share responsibility one-half each as

2719

to third parties outside the rail corridor who incur loss,

2720

injury, or damage as a result of the incident.

2721

     b. If a department train, a freight rail operator train,

2722

and any other train are involved in an incident, the allocation

2723

of liability as between the department and the freight rail

2724

operator, regardless of whether the other train is treated as a

2725

department train, shall remain one-half each as to third parties

2726

outside the rail corridor who incur loss, injury, or damage as a

2727

result of the incident; the involvement of any other train shall

2728

not alter the sharing of equal responsibility as to third parties

2729

outside the rail corridor who incur loss, injury, or damage as a

2730

result of the incident; and, if the owner, operator, or insurer

2731

of the other train makes any payment to injured third parties

2732

outside the rail corridor who incur loss, injury, or damage as a

2733

result of the incident, the allocation of credit between the

2734

department and the freight rail operator as to such payment shall

2735

not in any case reduce the freight rail operator's third party

2736

sharing allocation of one-half under this paragraph to less than

2737

one-third of the total third party liability.

2738

     5. Any such contractual duty to protect, defend, indemnify,

2739

and hold harmless such a freight rail operator shall expressly

2740

include a specific cap on the amount of the contractual duty,

2741

which amount shall not exceed $200 million without prior

2742

legislative approval; require the department to purchase

2743

liability insurance and establish a self-insurance retention fund

2744

in the amount of the specific cap established under this

2745

paragraph; provide that no such contractual duty shall in any

2746

case be effective nor otherwise extend the department's liability

2747

in scope and effect beyond the contractual liability insurance

2748

and self-insurance retention fund required pursuant to this

2749

paragraph; and provide that the freight rail operator's

2750

compensation to the department for future use of the department's

2751

rail corridor shall include a monetary contribution to the cost

2752

of such liability coverage for the sole benefit of the freight

2753

rail operator.

2754

     (b) Purchase liability insurance which amount shall not

2755

exceed $250 million and establish a self-insurance retention fund

2756

for the purpose of paying the deductible limit established in the

2757

insurance policies it may obtain, including coverage for the

2758

department, any freight rail operator as described in paragraph

2759

(a), commuter rail service providers, governmental entities, or

2760

ancillary development; however, the insureds shall pay a

2761

reasonable monetary contribution to the cost of such liability

2762

coverage for the sole benefit of the insured. Such insurance and

2763

self-insurance retention fund may provide coverage for all

2764

damages, including, but not limited to, compensatory, special,

2765

and exemplary, and be maintained to provide an adequate fund to

2766

cover claims and liabilities for loss, injury, or damage arising

2767

out of or connected with the ownership, operation, maintenance,

2768

and management of a rail corridor.

2769

     (c) Incur expenses for the purchase of advertisements,

2770

marketing, and promotional items.

2771

2772

Neither the assumption by contract to protect, defend, indemnify,

2773

and hold harmless; the purchase of insurance; nor the

2774

establishment of a self-insurance retention fund shall be deemed

2775

to be a waiver of any defense of sovereign immunity for torts nor

2776

deemed to increase the limits of the department's or the

2777

governmental entity's liability for torts as provided in s.

2778

768.28. The requirements of s. 287.022(1) shall not apply to the

2779

purchase of any insurance hereunder. The provisions of this

2780

subsection shall apply and inure fully as to any other

2781

governmental entity providing commuter rail service and

2782

constructing, operating, maintaining, or managing a rail corridor

2783

on publicly owned right-of-way under contract by the governmental

2784

entity with the department or a governmental entity designated by

2785

the department.

2786

     Section 52.  Paragraph (d) of subsection (10) of section

2787

768.28, Florida Statutes, is amended to read:

2788

     768.28  Waiver of sovereign immunity in tort actions;

2789

recovery limits; limitation on attorney fees; statute of

2790

limitations; exclusions; indemnification; risk management

2791

programs.--

2792

     (10)

2793

     (d)  For the purposes of this section, operators,

2794

dispatchers, and providers of security for rail services and rail

2795

facility maintenance providers in the South Florida Rail Corridor

2796

or the Central Florida Rail Corridor, or any of their employees

2797

or agents, performing such services under contract with and on

2798

behalf of the South Florida Regional Transportation Authority or

2799

the Department of Transportation shall be considered agents of

2800

the state while acting within the scope of and pursuant to

2801

guidelines established in the said contract or by rule; provided,

2802

however, that the state, for itself, the Department of

2803

Transportation and such agents, hereby waives sovereign immunity

2804

for liability for torts within the limits of insurance and self

2805

insurance coverage provided for each rail corridor, which

2806

coverage shall not be less than $250 million per year aggregate

2807

coverage per corridor with limits of not less than $250,000 per

2808

person and $500,000 per incident or occurrence. Notwithstanding

2809

subsection (8), an attorney may charge, demand, receive, or

2810

collect, for services rendered, fees up to 40 percent of any

2811

judgment or settlement related to the South Florida Rail Corridor

2812

or the Central Florida Rail Corridor. This subsection shall not

2813

be construed as designating persons providing contracted

2814

operator, dispatcher, security officer, rail facility

2815

maintenance, or other services as employees or agents for the

2816

state for purposes of the Federal Employers Liability Act, the

2817

Federal Railway Labor Act, or chapter 440.

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     Section 53.  This act shall take effect July 1, 2008.

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