Florida Senate - 2008 CS for CS for CS for SB 1978
By the Committees on Transportation and Economic Development Appropriations; Transportation and Economic Development Appropriations; Transportation; and Senator Baker
606-08690-08 20081978c3
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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. 163.3178, F.S.; providing that
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facilities determined by the Department of Community
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Affairs and the applicable general-purpose local
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government to be port-related industrial or commercial
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projects located within 3 miles of or in the port master
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plan area which rely upon the utilization of port and
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intermodal transportation facilities are not developments
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of regional impact under certain circumstances; amending
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s. 163.3180, F.S.; requiring the Department of
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Transportation to establish a transportation methodology
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to serve as the basis for sustainable development impact
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assessments; defining the terms "present value" and
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"backlogged transportation facility"; amending s.
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163.3182, F.S., relating to transportation concurrency
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backlog authorities; providing legislative findings and
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declarations; expanding the power of authorities to borrow
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money to include issuing certain debt obligations;
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providing a maximum maturity date for certain debt
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incurred to finance or refinance certain transportation
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concurrency backlog projects; authorizing authorities to
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continue operations and administer certain trust funds for
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the period of the remaining outstanding debt; requiring
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local transportation concurrency backlog trust funds to
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continue to be funded for certain purposes; providing for
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increased ad valorem tax increment funding for such trust
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funds under certain circumstances; revising provisions for
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dissolution of an authority; providing legislative
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findings relating to investment of funds from the Lawton
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Chiles Endowment Fund in Florida infrastructure by the
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State Board of Administration; providing that such
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investment is the policy of the State Board of
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Administration; amending s. 215.44, F.S.; including
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infrastructure investments in annual reporting
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requirements of State Board of Administration; amending s.
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215.47, F.S.; increasing the maximum allowable percent of
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any fund in alternative investments or infrastructure
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investments; defining infrastructure investments; amending
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s. 215.5601, F.S.; directing the State Board of
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Administration to lease Alligator Alley for up to 50 years
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from the Department of Transportation using funds from the
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Lawton Chiles Endowment; limiting the investment of funds
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to between 20 and 50 percent of the endowment's assets;
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requiring a report to the Legislature; authorizing the
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board to contract with other government, public, and
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private entities to operate and maintain the toll
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facility; creating s. 334.305, F.S.; providing a finding
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of public need for leasing transportation facilities to
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expedite provision of additional facilities; providing
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that infrastructure investment agreements may not be
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impaired by state or local act; authorizing a lease
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agreement of up to 50 years for Alligator Alley;
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authorizing the engagement of private consultants to
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develop the agreement; directing funds received by the
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department under such provisions to the State
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Transportation Trust Fund; providing requirements for the
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lease agreement; requiring adherence to state and federal
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laws and standards for the operation and maintenance of
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transportation facilities; requiring the regulation of
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toll increases; authorizing state action to remedy
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impairments to the lease agreement; requiring an
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independent cost-effectiveness analysis and traffic and
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revenue study; limiting the use of funds received under
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the act to transportation uses; requiring specifications
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for construction, engineering, maintenance, and law
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enforcement activities in lease agreements; allowing the
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department to submit to the Legislative Budget Commission
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a plan for advancing transportation projects using funds
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received from a lease; requiring remaining toll revenue to
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be used in accordance with the lease agreement and s.
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338.26, F.S.; confirming the ability of the State Board of
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Administration to invest in government-owned
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infrastructure; providing legislative intent relating to
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road rage and aggressive careless driving; amending s.
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316.003, F.S.; defining the term "road rage"; amending s.
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316.083, F.S.; requiring an operator of a motor vehicle to
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yield the left lane when being overtaken on a multilane
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highway; providing exceptions; amending s. 316.1923, F.S.;
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revising the number of specified acts necessary to qualify
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as an aggressive careless driver; providing specified
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punishments for aggressive careless driving; specifying
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the allocation of moneys received from the increased fine
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imposed for aggressive careless driving; amending s.
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318.19, F.S.; providing that a second or subsequent
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infraction as an aggressive careless driver requires
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attendance at a mandatory hearing; providing for the
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disposition of the increased penalties; requiring the
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Department of Highway Safety and Motor Vehicles to provide
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information about road rage and aggressive careless
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driving in driver's license educational materials;
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reenacting s. 316.650(1)(a), F.S., relating to traffic
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citations, to incorporate the amendments made to s.
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316.1923, F.S., in a reference thereto; 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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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. 320.03, F.S.; revising the amount of
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a nonrefundable fee that is charged on the initial and
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renewal registration for certain automobiles and trucks;
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amending s. 322.64, F.S.; providing that refusal to submit
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to a breath, urine, or blood test disqualifies a person
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from operating a commercial motor vehicle; providing a
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period of disqualification if a person has an unlawful
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blood-alcohol or breath-alcohol level; providing for
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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.; establishing a goal for the procurement
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of design-build contracts; amending s. 337.18, F.S.;
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revising the recording requirements of payment and
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performance bonds; amending s. 337.185, F.S.; providing
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for 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; directing the turnpike enterprise
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to increase tolls; amending s. 339.12, F.S.; clarifying a
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provision specifying a maximum total amount of project
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agreements for certain projects; authorizing the
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department to enter into certain agreements with counties
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having a specified maximum population; defining the term
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"project phase"; requiring that a project or project phase
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be a high priority of a governmental entity; providing for
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reimbursement for a project or project phase; specifying a
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maximum total amount for certain projects and project
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phases; requiring that such project be included in the
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local government's adopted comprehensive plan; authorizing
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the department to enter into long-term repayment
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agreements up to a specified maximum length; amending s.
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339.135, F.S.; revising certain notice provisions that
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require the Department of Transportation to notify local
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governments regarding amendments to an adopted 5-year work
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program; amending s. 339.155, F.S.; revising provisions
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for development of the Florida Transportation Plan;
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amending s. 339.2816, F.S., relating to the small county
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road assistance program; providing for resumption of
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certain funding for the program; revising the criteria for
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counties eligible to participate in the program; amending
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references; amending s. 348.0003, F.S.; providing for
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financial disclosure for expressway, transportation,
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bridge, and toll authorities; amending s. 348.0004, F.S.;
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providing for certain expressway authorities to index toll
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rate increases; repealing part III of ch. 343 F.S.;
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abolishing the Tampa Bay Commuter Transit Authority;
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requiring the department to conduct a study of
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transportation alternatives for the Interstate 95
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corridor; amending s. 409.908, F.S.; authorizing the
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Agency for Health Care Administration to continue to
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contract for Medicaid nonemergency transportation services
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in a specified agency service area with managed care plans
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under certain conditions; amending s. 427.011, F.S.;
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revising definitions; defining the term "purchasing
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agency"; amending s. 427.012, F.S.; revising the number of
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members required for a quorum at a meeting of the
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Commission for the Transportation Disadvantaged; amending
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s. 427.013, F.S.; revising responsibilities of the
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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; amending s. 341.301, F.S.; providing
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definitions relating to commuter rail service, rail
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corridors, and railroad operation for purposes of the rail
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program within the department; amending s. 341.302, F.S.;
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authorizing the department to purchase specified property
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for the purpose of implementing commuter rail service;
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authorizing the department to assume certain liability on
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a rail corridor; authorizing the department to indemnify
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and hold harmless a railroad company when the department
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acquires a rail corridor from the company; providing
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allocation of risk; providing a specific cap on the amount
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of the contractual duty for such indemnification;
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authorizing the department to purchase and provide
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insurance in relation to rail corridors; authorizing
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marketing and promotional expenses; extending provisions
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to other governmental entities providing commuter rail
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service on public right-of-way; amending s. 768.28, F.S.;
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expanding the list of entities considered agents of the
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state; providing for construction in relation to certain
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federal laws; authorizing the expenditure of public funds
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for certain alterations of Old Cutler Road in the Village
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of Palmetto Bay; requiring the official approval of the
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Department of State before any alterations may begin;
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providing an 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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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
499
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
506
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
510
sewer; public safety; solid waste; drainage; potable water; parks
511
and recreation; and transportation facilities.
512
b. Identifies any deficits or duplication in the provision
513
of services within its jurisdiction, whether capital or
514
operational. Upon request, the Department of Community Affairs
515
shall provide technical assistance to the local governments in
516
identifying deficits or duplication.
517
7. Within 6 months after submission of the report, the
518
Department of Community Affairs shall, through the appropriate
519
regional planning council, coordinate a meeting of all local
520
governments within the regional planning area to discuss the
521
reports and potential strategies to remedy any identified
522
deficiencies or duplications.
523
8. Each local government shall update its intergovernmental
524
coordination element based upon the findings in the report
525
submitted pursuant to subparagraph 6. The report may be used as
526
supporting data and analysis for the intergovernmental
527
coordination element.
528
(j) For each unit of local government within an urbanized
529
area designated for purposes of s. 339.175, a transportation
530
element, which shall be prepared and adopted in lieu of the
531
requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
532
and (d) and which shall address the following issues:
533
1. Traffic circulation, including major thoroughfares and
534
other routes, including bicycle and pedestrian ways.
535
2. All alternative modes of travel, such as public
536
transportation, pedestrian, and bicycle travel.
537
3. Parking facilities.
538
4. Aviation, rail, seaport facilities, access to those
539
facilities, and intermodal terminals.
540
5. The availability of facilities and services to serve
541
existing land uses and the compatibility between future land use
542
and transportation elements.
543
6. The capability to evacuate the coastal population prior
544
to an impending natural disaster.
545
7. Airports, projected airport and aviation development,
546
and land use compatibility around airports that includes areas
548
8. An identification of land use densities, building
549
intensities, and transportation management programs to promote
550
public transportation systems in designated public transportation
551
corridors so as to encourage population densities sufficient to
552
support such systems.
553
9. May include transportation corridors, as defined in s.
554
334.03, intended for future transportation facilities designated
555
pursuant to s. 337.273. If transportation corridors are
556
designated, the local government may adopt a transportation
557
corridor management ordinance.
558
Section 4. Subsection (3) of section 163.3178, Florida
559
Statutes, is amended to read:
560
163.3178 Coastal management.--
561
(3) Expansions to port harbors, spoil disposal sites,
562
navigation channels, turning basins, harbor berths, and other
563
related inwater harbor facilities of ports listed in s.
564
403.021(9); port transportation facilities and projects listed in
565
s. 311.07(3)(b); and intermodal transportation facilities
566
identified pursuant to s. 311.09(3); and facilities determined by
567
the Department of Community Affairs and the applicable general-
568
purpose local government to be port-related industrial or
569
commercial projects located within 3 miles of or in the port
570
master plan area which rely upon the utilization of port and
571
intermodal transportation facilities shall not be developments of
572
regional impact where such expansions, projects, or facilities
573
are consistent with comprehensive master plans that are in
574
compliance with this section.
575
Section 5. Subsections (9) and (12) of section 163.3180,
576
Florida Statutes, are amended to read:
577
163.3180 Concurrency.--
578
(9)(a) Each local government may adopt as a part of its
579
plan, long-term transportation and school concurrency management
580
systems with a planning period of up to 10 years for specially
581
designated districts or areas where significant backlogs exist.
582
The plan may include interim level-of-service standards on
583
certain facilities and shall rely on the local government's
584
schedule of capital improvements for up to 10 years as a basis
585
for issuing development orders that authorize commencement of
586
construction in these designated districts or areas. The
587
concurrency management system must be designed to correct
588
existing deficiencies and set priorities for addressing
589
backlogged facilities. The concurrency management system must be
590
financially feasible and consistent with other portions of the
591
adopted local plan, including the future land use map.
592
(b) If a local government has a transportation or school
593
facility backlog for existing development which cannot be
594
adequately addressed in a 10-year plan, the state land planning
595
agency may allow it to develop a plan and long-term schedule of
596
capital improvements covering up to 15 years for good and
597
sufficient cause, based on a general comparison between that
598
local government and all other similarly situated local
599
jurisdictions, using the following factors:
600
1. The extent of the backlog.
601
2. For roads, whether the backlog is on local or state
602
roads.
603
3. The cost of eliminating the backlog.
604
4. The local government's tax and other revenue-raising
605
efforts.
606
(c) The local government may issue approvals to commence
607
construction notwithstanding this section, consistent with and in
608
areas that are subject to a long-term concurrency management
609
system.
610
(d) If the local government adopts a long-term concurrency
611
management system, it must evaluate the system periodically. At a
612
minimum, the local government must assess its progress toward
613
improving levels of service within the long-term concurrency
614
management district or area in the evaluation and appraisal
615
report and determine any changes that are necessary to accelerate
616
progress in meeting acceptable levels of service.
617
(e) The Department of Transportation shall establish an
618
approved transportation methodology that recognizes that a
619
planned, sustainable development of regional impact is likely to
620
achieve an internal capture rate greater than 30 percent when
621
fully developed. The transportation methodology must use a
622
regional transportation model that incorporates professionally
623
accepted modeling techniques applicable to well-planned,
624
sustainable communities of the size, location, mix of uses, and
625
design features consistent with such communities. The adopted
626
transportation methodology shall serve as the basis for
627
sustainable development traffic impact assessments by the
628
department. The methodology review must be completed and in use
629
by March 1, 2009.
630
(12) A development of regional impact may satisfy the
631
transportation concurrency requirements of the local
632
comprehensive plan, the local government's concurrency management
633
system, and s. 380.06 by payment of a proportionate-share
634
contribution for local and regionally significant traffic
635
impacts, if:
636
(a) The development of regional impact which, based on its
637
location or mix of land uses, is designed to encourage pedestrian
638
or other nonautomotive modes of transportation;
639
(b) The proportionate-share contribution for local and
640
regionally significant traffic impacts is sufficient to pay for
641
one or more required mobility improvements that will benefit a
642
regionally significant transportation facility;
643
(c) The owner and developer of the development of regional
644
impact pays or assures payment of the proportionate-share
645
contribution; and
646
(d) If the regionally significant transportation facility
647
to be constructed or improved is under the maintenance authority
648
of a governmental entity, as defined by s. 334.03(12), other than
649
the local government with jurisdiction over the development of
650
regional impact, the developer is required to enter into a
651
binding and legally enforceable commitment to transfer funds to
652
the governmental entity having maintenance authority or to
653
otherwise assure construction or improvement of the facility.
654
655
The proportionate-share contribution may be applied to any
656
transportation facility to satisfy the provisions of this
657
subsection and the local comprehensive plan, but, for the
658
purposes of this subsection, the amount of the proportionate-
659
share contribution shall be calculated based upon the cumulative
660
number of trips from the proposed development expected to reach
661
roadways during the peak hour from the complete buildout of a
662
stage or phase being approved, divided by the change in the peak
663
hour maximum service volume of roadways resulting from
664
construction of an improvement necessary to maintain the adopted
665
level of service, multiplied by the construction cost, at the
666
time of developer payment, of the improvement necessary to
667
maintain the adopted level of service. The determination of
668
mitigation for a subsequent phase or stage of development shall
669
account for any mitigation required by the development order and
670
provided by the developer for any earlier phase or stage,
671
calculated at present value. For purposes of this subsection, the
672
term "present value" means the fair market value of right-of-way
673
at the time of contribution or the actual dollar value of the
674
construction improvements contribution adjusted by the Consumer
675
Price Index. For purposes of this subsection, "construction cost"
676
includes all associated costs of the improvement. Proportionate-
677
share mitigation shall be limited to ensure that a development of
678
regional impact meeting the requirements of this subsection
679
mitigates its impact on the transportation system but is not
680
responsible for the additional cost of reducing or eliminating
681
backlogs. For purposes of this subsection, "backlogged
682
transportation facility" is defined as one on which the adopted
683
level-of-service standard is exceeded by the existing trips plus
684
committed trips. A developer may not be required to fund or
685
construct proportionate share mitigation for any backlogged
686
transportation facility which is more extensive than mitigation
687
necessary to offset the impact of the development project in
688
question. This subsection also applies to Florida Quality
689
Developments pursuant to s. 380.061 and to detailed specific area
690
plans implementing optional sector plans pursuant to s. 163.3245.
691
Section 6. Paragraph (c) is added to subsection (2) of
692
section 163.3182, Florida Statutes, and paragraph (d) of
693
subsection (3), paragraph (a) of subsection (4), and subsections
694
(5) and (8) of that section are amended, to read:
695
163.3182 Transportation concurrency backlogs.--
696
(2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
697
AUTHORITIES.--
698
(c) The Legislature finds and declares that there exists in
699
many counties and municipalities areas with significant
700
transportation deficiencies and inadequate transportation
701
facilities; that many such insufficiencies and inadequacies
702
severely limit or prohibit the satisfaction of transportation
703
concurrency standards; that such transportation insufficiencies
704
and inadequacies affect the health, safety, and welfare of the
705
residents of such counties and municipalities; that such
706
transportation insufficiencies and inadequacies adversely affect
707
economic development and growth of the tax base for the areas in
708
which such insufficiencies and inadequacies exist; and that the
709
elimination of transportation deficiencies and inadequacies and
710
the satisfaction of transportation concurrency standards are
711
paramount public purposes for the state and its counties and
712
municipalities.
713
(3) POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
714
AUTHORITY.--Each transportation concurrency backlog authority has
715
the powers necessary or convenient to carry out the purposes of
716
this section, including the following powers in addition to
717
others granted in this section:
718
(d) To borrow money, including, but not limited to, issuing
719
debt obligations, such as, but not limited to, bonds, notes,
720
certificates, and similar debt instruments; to apply for and
721
accept advances, loans, grants, contributions, and any other
722
forms of financial assistance from the Federal Government or the
723
state, county, or any other public body or from any sources,
724
public or private, for the purposes of this part; to give such
725
security as may be required; to enter into and carry out
726
contracts or agreements; and to include in any contracts for
727
financial assistance with the Federal Government for or with
728
respect to a transportation concurrency backlog project and
729
related activities such conditions imposed pursuant to federal
730
laws as the transportation concurrency backlog authority
731
considers reasonable and appropriate and which are not
732
inconsistent with the purposes of this section.
733
(4) TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
734
(a) Each transportation concurrency backlog authority shall
735
adopt a transportation concurrency backlog plan as a part of the
736
local government comprehensive plan within 6 months after the
737
creation of the authority. The plan shall:
738
1. Identify all transportation facilities that have been
739
designated as deficient and require the expenditure of moneys to
740
upgrade, modify, or mitigate the deficiency.
741
2. Include a priority listing of all transportation
742
facilities that have been designated as deficient and do not
743
satisfy concurrency requirements pursuant to s. 163.3180, and the
744
applicable local government comprehensive plan.
745
3. Establish a schedule for financing and construction of
746
transportation concurrency backlog projects that will eliminate
747
transportation concurrency backlogs within the jurisdiction of
748
the authority within 10 years after the transportation
749
concurrency backlog plan adoption. The schedule shall be adopted
750
as part of the local government comprehensive plan.
751
Notwithstanding such schedule requirements, as long as the
752
schedule provides for the elimination of all transportation
753
concurrency backlogs within 10 years after the adoption of the
754
concurrency backlog plan, the final maturity date of any debt
755
incurred to finance or refinance the related projects may be no
756
later than 40 years after the date such debt is incurred and the
757
authority may continue operations and administer the trust fund
758
established as provided in subsection (5) for as long as such
759
debt remains outstanding.
760
(5) ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
761
concurrency backlog authority shall establish a local
762
transportation concurrency backlog trust fund upon creation of
763
the authority. Each local trust fund shall be administered by the
764
transportation concurrency backlog authority within which a
765
transportation concurrency backlog has been identified. Each
766
local trust fund shall continue to be funded pursuant to this
767
section for as long as the projects set forth in the related
768
transportation concurrency backlog plan remain to be completed or
769
until any debt incurred to finance or refinance the related
770
projects are no longer outstanding, whichever occurs later.
771
Beginning in the first fiscal year after the creation of the
772
authority, each local trust fund shall be funded by the proceeds
773
of an ad valorem tax increment collected within each
774
transportation concurrency backlog area to be determined annually
775
and shall be a minimum of 25 percent of the difference between
776
the amounts set forth in paragraphs (a) and (b), except that if
777
all of the affected taxing authorities agree pursuant to an
778
interlocal agreement, a particular local trust fund may be funded
779
by the proceeds of an ad valorem tax increment greater than 25
780
percent of the difference between the amounts set forth in
781
paragraphs (a) and (b):
782
(a) The amount of ad valorem tax levied each year by each
783
taxing authority, exclusive of any amount from any debt service
784
millage, on taxable real property contained within the
785
jurisdiction of the transportation concurrency backlog authority
786
and within the transportation backlog area; and
787
(b) The amount of ad valorem taxes which would have been
788
produced by the rate upon which the tax is levied each year by or
789
for each taxing authority, exclusive of any debt service millage,
790
upon the total of the assessed value of the taxable real property
791
within the transportation concurrency backlog area as shown on
792
the most recent assessment roll used in connection with the
793
taxation of such property of each taxing authority prior to the
794
effective date of the ordinance funding the trust fund.
795
(8) DISSOLUTION.--Upon completion of all transportation
796
concurrency backlog projects and repayment or defeasance of all
797
debt issued to finance or refinance such projects, a
798
transportation concurrency backlog authority shall be dissolved,
799
and its assets and liabilities shall be transferred to the county
800
or municipality within which the authority is located. All
801
remaining assets of the authority must be used for implementation
802
of transportation projects within the jurisdiction of the
803
authority. The local government comprehensive plan shall be
804
amended to remove the transportation concurrency backlog plan.
805
Section 7. The Legislature finds that prudent and sound
806
infrastructure investments by the State Board of Administration
807
of funds from the Lawton Chiles Endowment Fund in Florida
808
infrastructure, specifically state-owned toll roads and toll
809
facilities, which have potential to earn stable and competitive
810
returns will serve the broad interests of the beneficiaries of
811
the trust fund. The Legislature further finds that such
812
infrastructure investments are being made by public investment
813
funds worldwide and are being made or evaluated by public
814
investment funds in many other states in this country. Therefore,
815
it is a policy of this state that the State Board of
816
Administration identify and invest in Florida infrastructure
817
investments if such investments are consistent with and do not
818
compromise or conflict with the obligations of the State Board of
819
Administration.
820
Section 8. Subsection (5) of section 215.44, Florida
821
Statutes, is amended to read:
822
215.44 Board of Administration; powers and duties in
823
relation to investment of trust funds.--
824
(5) On or before January 1 of each year, the board shall
825
provide to the Legislature a report including the following items
826
for each fund which, by law, has been entrusted to the board for
827
investment:
828
(a) A schedule of the annual beginning and ending asset
829
values and changes and sources of changes in the asset value of:
830
1. Each fund managed by the board; and
831
2. Each asset class and portfolio within the Florida
832
Retirement System Trust Fund;
833
(b) A description of the investment policy for each fund,
834
and changes in investment policy for each fund since the previous
835
annual report;
836
(c) A description of compliance with investment strategy
837
for each fund;
838
(d) A description of the risks inherent in investing in
839
financial instruments of the major asset classes held in the
840
fund; and
841
(e) A summary of the type and amount of infrastructure
842
investments held in the fund; and
843
(f)(e) Other information deemed of interest by the
844
executive director of the board.
845
Section 9. Subsection (14) of section 215.47, Florida
846
Statutes, is amended to read:
847
215.47 Investments; authorized securities; loan of
848
securities.--Subject to the limitations and conditions of the
849
State Constitution or of the trust agreement relating to a trust
851
may be invested as follows:
852
(14) With no more in aggregate than 10 5 percent of any
853
fund in alternative investments, as defined in s.
854
215.44(8)(c)1.a., through participation in the vehicles defined
855
in s. 215.44(8)(c)1.b. or infrastructure investments or
856
securities or investments that are not publicly traded and are
857
not otherwise authorized by this section. As used in this
858
subsection, the term "infrastructure investments" includes, but
859
is not limited to, investments in transportation, communication,
860
social, and utility infrastructure assets that have from time to
861
time been owned and operated or funded by governments.
862
Infrastructure assets include, but are not limited to, toll
863
roads, toll facilities, tunnels, rail facilities, intermodal
864
facilities, airports, seaports, water distribution, sewage and
865
desalination treatment facilities, cell towers, cable networks,
866
broadcast towers, and energy production and transmission
867
facilities. Investments that are the subject of this subsection
868
may be effected through separate accounts, commingled vehicles,
869
including, but not limited to, limited partnerships or limited
870
liability companies, and direct equity, debt, mezzanine, claims,
871
leases, or other financial arrangements without reference to
872
limitations within this section. Expenditures associated with the
873
acquisition and operation of actual or potential infrastructure
874
assets shall be included as part of the cost of infrastructure
875
investment.
876
Section 10. Paragraph (f) is added to subsection (4) of
877
section 215.5601, Florida Statutes, to read:
878
215.5601 Lawton Chiles Endowment Fund.--
879
(4) ADMINISTRATION.--
880
(f) Notwithstanding other provisions of law, the board,
881
consistent with its fiduciary duties, shall lease, for up to 50
882
years in whole or in part, the Alligator Alley from the
883
Department of Transportation using funds in the endowment if such
884
investments are determined to provide an adequate rate of return
885
to the endowment considering all investment risks involved, and
886
if the amount of such investments is not less than 20 percent and
887
not more than 50 percent of the assets of the endowment at the
888
time. The State Board of Administration shall make such
889
investments prior to the end of the 2009-2010 fiscal year, and
890
shall strive to make such investments prior to the end of the
891
2008-2009 fiscal year, consistent with its fiduciary duties. The
892
board shall make a progress report to the President of the Senate
893
and the Speaker of the House of Representatives by March 1, 2009.
894
The board may contract with the Department of Transportation,
895
other governmental entities, public benefit corporations, or
896
private-sector entities, as appropriate, to operate and maintain
897
the toll facility consistent with applicable federal and state
898
laws and rules.
899
Section 11. Section 334.305, Florida Statutes, is created
900
to read:
901
334.305 Lease of transportation facilities.--The
902
Legislature finds and declares that there is a public need for
903
the lease of transportation facilities to assist in the funding
904
of the rapid construction of other safe and efficient
905
transportation facilities for the purpose of promoting the
906
mobility of persons and goods within this state, and that it is
907
in the public's interest to provide for such lease to advance the
908
construction of additional safe, convenient, and economical
909
transportation facilities. The Legislature further finds and
910
declares that any lease agreement of transportation facilities by
911
and between the State Board of Administration, acting on behalf
912
of a trust fund, and the department, shall be and remain fair to
913
the beneficiaries of such trust fund and that any such agreement
914
and the resulting infrastructure investment shall not be impaired
915
by any act of this state or of any local government of this
916
state.
917
(1)(a) The department is authorized to enter into a lease
918
agreement for up to 50 years with the State Board of
919
Administration for Alligator Alley. Before approval, the
920
department must determine that the proposed lease is in the
921
public's best interest. The department and the State Board of
922
Administration may separately engage the services of private
923
consultants to assist in developing the lease agreement. In the
924
terms and conditions of the lease agreement, the State Board of
925
Administration, acting on behalf of trust fund participants and
926
beneficiaries, shall not be disadvantaged relative to industry
927
standard terms and conditions for institutional infrastructure
928
investments. For the purpose of this section, the lease agreement
929
may be maintained as an asset within a holding company
930
established by the State Board of Administration and the holding
931
company may sell noncontrolling divisible interests, units, or
932
notes.
933
(b) The department shall deposit all funds received from a
934
lease agreement pursuant to this section into the State
935
Transportation Trust Fund.
936
(2) Agreements entered into pursuant to this section must
937
provide for annual financial analysis of revenues and expenses
938
required by the lease agreement and for any annual toll increases
939
necessary to ensure that the terms of the lease agreement are
940
met. The following provisions shall apply to such agreement:
941
(a) The department shall lease, for up to 50 years and in
942
whole or in part, Alligator Alley to the State Board of
943
Administration. The lease agreement must ensure that the
944
transportation facility is properly operated, maintained,
945
reconstructed, and restored in accordance with state and federal
946
laws and commercial standards applicable to other comparable
947
infrastructure investments.
948
(b) Any toll revenues shall be regulated pursuant to this
949
section and any provisions of s. 338.165(3) not in conflict with
950
this section. The regulations governing the future increase of
951
toll or fare revenues shall be included in the lease agreement,
952
shall provide an adequate rate of return considering all risks
953
involved, and may not subsequently be waived without prior
954
express consent of the State Board of Administration.
955
(c) If any law or rule of the state or any local government
956
or any state constitutional amendment is enacted which has the
957
effect of materially impairing the lease agreement or the related
958
infrastructure investment, directly or indirectly, the state,
959
acting through the department or any other agency, shall
960
immediately take action to remedy the situation by any means
961
available, including taking back the leased infrastructure assets
962
and making whole the effected trust fund. This provision may be
963
enforced by legal or equitable action brought on behalf of the
964
effected trust fund without regard to sovereign immunity.
965
(d) The department shall provide an independent analysis
966
that demonstrates the cost-effectiveness and overall public
967
benefit of the lease to the Legislature. Prior to completing the
968
lease, in whole or in part, of Alligator Alley, the department
969
shall submit pursuant to chapter 216 any budget amendments
970
necessary for the expenditure of moneys received pursuant to the
971
agreement for the operation and maintenance of the toll facility.
972
(e) Prior to the development of the lease agreement, the
973
department, in consultation and concurrence with the State Board
974
of Administration, shall provide an investment-grade traffic and
975
revenue study prepared by a qualified and internationally
976
recognized traffic and revenue expert which is accepted by the
977
national bond rating agencies. The State Board of Administration
978
may use independent experts to review or conduct such studies.
979
(f) The agreement between the department and the State
980
Board of Administration shall contain a provision that the
981
department shall expend any funds received under this agreement
982
only on transportation projects. The department is accountable
983
for funds from the endowment which have been paid by the board.
984
The board is not responsible for the proper expenditure of or
985
accountability concerning funds from the endowment after payment
986
to the department.
987
(3) The agreement for each toll facility leased, in whole
988
or in part, pursuant to this section shall specify the
989
requirements of federal, state, and local laws; state, regional,
990
and local comprehensive plans; and department specifications for
991
construction and engineering of roads and bridges.
992
(4) The department may provide services to the State Board
993
of Administration. Agreements for maintenance, law enforcement
994
activities, and other services entered into pursuant to this
995
section shall provide for full reimbursement for services
996
rendered.
997
(5) Using funds received from such lease, the department
998
may submit a plan for approval to the Legislative Budget
999
Commission to advance projects programmed in the adopted 5-year
1000
work program or projects increasing transportation capacity and
1001
costing greater than $500 million in the 10-year Strategic
1002
Intermodal Plan.
1003
(6) Notwithstanding s. 338.165 or any other provision of
1004
law, any remaining toll revenue shall be used as established in
1005
the lease agreement and in s. 338.26.
1006
Section 12. (1) This act does not prohibit the State Board
1007
of Administration from pursuing or making infrastructure
1008
investments, especially in government-owned infrastructure in
1009
this state.
1010
(2) The State Board of Administration shall report to the
1011
Legislature, prior to the 2009 regular legislative session, on
1012
its ability to invest in infrastructure, including specifically
1013
addressing its ability to invest in government-owned
1014
infrastructure in this state.
1015
Section 13. The Legislature finds that road rage and
1016
aggressive careless driving are a growing threat to the health,
1017
safety, and welfare of the public. The intent of the Legislature
1018
is to reduce road rage and aggressive careless driving, reduce
1019
the incidence of drivers' interfering with the movement of
1020
traffic, minimize crashes, and promote the orderly, free flow of
1021
traffic on the roads and highways of the state.
1022
Section 14. Subsection (86) is added to section 316.003,
1023
Florida Statutes, to read:
1024
316.003 Definitions.--The following words and phrases, when
1025
used in this chapter, shall have the meanings respectively
1026
ascribed to them in this section, except where the context
1027
otherwise requires:
1028
(86) ROAD RAGE.--The act of a driver or passenger to
1029
intentionally injure or kill another driver, passenger, or
1030
pedestrian, or to attempt or threaten to injure or kill another
1031
driver, passenger, or pedestrian.
1032
Section 15. Present subsection (3) of section 316.083,
1033
Florida Statutes, is redesignated as subsection (4), and a new
1034
subsection (3) is added to that section, to read:
1035
316.083 Overtaking and passing a vehicle.--The following
1036
rules shall govern the overtaking and passing of vehicles
1037
proceeding in the same direction, subject to those limitations,
1038
exceptions, and special rules hereinafter stated:
1039
(3)(a) On roads, streets, or highways having two or more
1040
lanes that allow movement in the same direction, a driver may not
1041
continue to operate a motor vehicle in the furthermost left-hand
1042
lane if the driver knows, or reasonably should know, that he or
1043
she is being overtaken in that lane from the rear by a motor
1044
vehicle traveling at a higher rate of speed.
1045
(b) Paragraph (a) does not apply to a driver operating a
1046
motor vehicle in the furthermost left-hand lane if:
1047
1. The driver is driving the legal speed limit and is not
1048
impeding the flow of traffic in the furthermost left-hand lane;
1049
2. The driver is in the process of overtaking a slower
1050
motor vehicle in the adjacent right-hand lane for the purpose of
1051
passing the slower moving vehicle so that the driver may move to
1052
the adjacent right-hand lane;
1053
3. Conditions make the flow of traffic substantially the
1054
same in all lanes or preclude the driver from moving to the
1055
adjacent right-hand lane;
1056
4. The driver's movement to the adjacent right-hand lane
1057
could endanger the driver or other drivers;
1058
5. The driver is directed by a law enforcement officer,
1059
road sign, or road crew to remain in the furthermost left-hand
1060
lane; or
1061
6. The driver is preparing to make a left turn.
1062
Section 16. Section 316.1923, Florida Statutes, is amended
1063
to read:
1064
316.1923 Aggressive careless driving.--
1065
(1) "Aggressive careless driving" means committing three
1066
two or more of the following acts simultaneously or in
1067
succession:
1068
(a)(1) Exceeding the posted speed as defined in s.
1069
322.27(3)(d)5.b.
1070
(b)(2) Unsafely or improperly changing lanes as defined in
1071
s. 316.085.
1072
(c)(3) Following another vehicle too closely as defined in
1073
s. 316.0895(1).
1074
(d)(4) Failing to yield the right-of-way as defined in s.
1076
(e)(5) Improperly passing or failing to yield to overtaking
1078
(f)(6) Violating traffic control and signal devices as
1080
(2) Any person convicted of aggressive careless driving
1081
shall be cited for a moving violation and punished as provided in
1082
chapter 318, and by the accumulation of points as provided in s.
1083
322.27, for each act of aggressive careless driving.
1084
(3) In addition to any fine or points administered under
1085
subsection (2), a person convicted of aggressive careless driving
1086
shall also pay:
1087
(a) Upon a first violation, a fine of $100.
1088
(b) Upon a second or subsequent conviction, a fine of not
1089
less than $250 but not more than $500 and be subject to a
1090
mandatory hearing under s. 318.19.
1091
(4) Moneys received from the increased fine imposed by
1092
subsection (3) shall be remitted to the Department of Revenue and
1093
deposited into the Department of Health Administrative Trust Fund
1094
to provide financial support to verified trauma centers to ensure
1095
the availability and accessibility of trauma services throughout
1096
the state. Funds deposited into the Administrative Trust Fund
1097
under this section shall be allocated as follows:
1098
(a) Twenty-five percent shall be allocated equally among
1099
all Level I, Level II, and pediatric trauma centers in
1100
recognition of readiness costs for maintaining trauma services.
1101
(b) Twenty-five percent shall be allocated among Level I,
1102
Level II, and pediatric trauma centers based on each center's
1103
relative volume of trauma cases as reported in the Department of
1104
Health Trauma Registry.
1105
(c) Twenty-five percent shall be transferred to the
1106
Emergency Medical Services Trust Fund and used by the department
1107
for making matching grants to emergency medical services
1108
organizations as defined in s. 401.107(4).
1109
(d) Twenty-five percent shall be transferred to the
1110
Emergency Medical Services Trust Fund and made available to rural
1111
emergency medical services as defined in s. 401.107(5), and shall
1112
be used solely to improve and expand prehospital emergency
1113
medical services in this state. Additionally, these moneys may be
1114
used for the improvement, expansion, or continuation of services
1115
provided.
1116
Section 17. Section 318.19, Florida Statutes, is amended to
1117
read:
1118
318.19 Infractions requiring a mandatory hearing.--Any
1119
person cited for the infractions listed in this section shall not
1120
have the provisions of s. 318.14(2), (4), and (9) available to
1121
him or her but must appear before the designated official at the
1122
time and location of the scheduled hearing:
1123
(1) Any infraction which results in a crash that causes the
1124
death of another;
1125
(2) Any infraction which results in a crash that causes
1126
"serious bodily injury" of another as defined in s. 316.1933(1);
1127
(3) Any infraction of s. 316.172(1)(b);
1128
(4) Any infraction of s. 316.520(1) or (2); or
1130
316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
1131
(6) A second or subsequent infraction of s. 316.1923(1).
1132
Section 18. The Department of Highway Safety and Motor
1133
Vehicles shall provide information about road rage and aggressive
1134
careless driving in all newly printed driver's license
1135
educational materials after October 1, 2008.
1136
Section 19. For the purpose of incorporating the amendments
1137
made by this act to section 316.1923, Florida Statutes, in a
1138
reference thereto, paragraph (a) of subsection (1) of section
1139
316.650, Florida Statutes, is reenacted to read:
1140
316.650 Traffic citations.--
1141
(1)(a) The department shall prepare, and supply to every
1142
traffic enforcement agency in this state, an appropriate form
1143
traffic citation containing a notice to appear (which shall be
1144
issued in prenumbered books with citations in quintuplicate) and
1145
meeting the requirements of this chapter or any laws of this
1146
state regulating traffic, which form shall be consistent with the
1147
state traffic court rules and the procedures established by the
1148
department. The form shall include a box which is to be checked
1149
by the law enforcement officer when the officer believes that the
1150
traffic violation or crash was due to aggressive careless driving
1151
as defined in s. 316.1923. The form shall also include a box
1152
which is to be checked by the law enforcement officer when the
1153
officer writes a uniform traffic citation for a violation of s.
1155
failing to stop at a traffic signal.
1156
Section 20. Section 316.0741, Florida Statutes, is amended
1157
to read:
1158
316.0741 High-occupancy-vehicle High occupancy vehicle
1159
lanes.--
1160
(1) As used in this section, the term:
1161
(a) "High-occupancy-vehicle High occupancy vehicle lane" or
1162
"HOV lane" means a lane of a public roadway designated for use by
1163
vehicles in which there is more than one occupant unless
1164
otherwise authorized by federal law.
1165
(b) "Hybrid vehicle" means a motor vehicle:
1166
1. That draws propulsion energy from onboard sources of
1167
stored energy which are both an internal combustion or heat
1168
engine using combustible fuel and a rechargeable energy-storage
1169
system; and
1170
2. That, in the case of a passenger automobile or light
1171
truck, has received a certificate of conformity under the Clean
1172
Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
1173
equivalent qualifying California standards for a low-emission
1174
vehicle.
1175
(2) The number of persons that must be in a vehicle to
1176
qualify for legal use of the HOV lane and the hours during which
1177
the lane will serve as an HOV lane, if it is not designated as
1178
such on a full-time basis, must also be indicated on a traffic
1179
control device.
1180
(3) Except as provided in subsection (4), a vehicle may not
1181
be driven in an HOV lane if the vehicle is occupied by fewer than
1182
the number of occupants indicated by a traffic control device. A
1183
driver who violates this section shall be cited for a moving
1184
violation, punishable as provided in chapter 318.
1185
(4)(a) Notwithstanding any other provision of this section,
1186
an inherently low-emission vehicle (ILEV) that is certified and
1187
labeled in accordance with federal regulations may be driven in
1188
an HOV lane at any time, regardless of its occupancy. In
1189
addition, upon the state's receipt of written notice from the
1190
proper federal regulatory agency authorizing such use, a vehicle
1191
defined as a hybrid vehicle under this section may be driven in
1192
an HOV lane at any time, regardless of its occupancy.
1193
(b) All eligible hybrid and all eligible other low-emission
1194
and energy-efficient vehicles driven in an HOV lane must comply
1195
with the minimum fuel economy standards in 23 U.S.C. s.
1196
166(f)(3)(B).
1197
(c) Upon issuance of the applicable Environmental
1198
Protection Agency final rule pursuant to 23 U.S.C. s. 166(e),
1199
relating to the eligibility of hybrid and other low-emission and
1200
energy-efficient vehicles for operation in an HOV lane regardless
1201
of occupancy, the Department of Transportation shall review the
1202
rule and recommend to the Legislature any statutory changes
1203
necessary for compliance with the federal rule. The department
1204
shall provide its recommendations no later than 30 days following
1205
issuance of the final rule.
1206
(5) The department shall issue a decal and registration
1207
certificate, to be renewed annually, reflecting the HOV lane
1208
designation on such vehicles meeting the criteria in subsection
1209
(4) authorizing driving in an HOV lane at any time such use. The
1210
department may charge a fee for a decal, not to exceed the costs
1211
of designing, producing, and distributing each decal, or $5,
1212
whichever is less. The proceeds from sale of the decals shall be
1213
deposited in the Highway Safety Operating Trust Fund. The
1214
department may, for reasons of operation and management of HOV
1215
facilities, limit or discontinue issuance of decals for the use
1216
of HOV facilities by hybrid and low-emission and energy-efficient
1217
vehicles, regardless of occupancy, if it has been determined by
1218
the Department of Transportation that the facilities are degraded
1219
as defined by 23 U.S.C. s. 166(d)(2).
1220
(6) Vehicles having decals by virtue of compliance with the
1221
minimum fuel economy standards under 23 U.S.C. s. 166(f)(3)(B),
1222
and which are registered for use in high-occupancy toll lanes or
1223
express lanes in accordance with Department of Transportation
1224
rule, shall be allowed to use any HOV lanes redesignated as high-
1225
occupancy toll lanes or express lanes without payment of a toll.
1226
(5) As used in this section, the term "hybrid vehicle"
1227
means a motor vehicle:
1228
(a) That draws propulsion energy from onboard sources of
1229
stored energy which are both:
1230
1. An internal combustion or heat engine using combustible
1231
fuel; and
1232
2. A rechargeable energy storage system; and
1233
(b) That, in the case of a passenger automobile or light
1234
truck:
1235
1. Has received a certificate of conformity under the Clean
1236
Air Act, 42 U.S.C. ss. 7401 et seq.; and
1237
2. Meets or exceeds the equivalent qualifying California
1238
standards for a low-emission vehicle.
1239
(7)(6) The department may adopt rules necessary to
1240
administer this section.
1241
Section 21. Subsection (4) of section 316.193, Florida
1242
Statutes, is amended to read:
1243
316.193 Driving under the influence; penalties.--
1244
(4) Any person who is convicted of a violation of
1245
subsection (1) and who has a blood-alcohol level or breath-
1246
alcohol level of 0.15 0.20 or higher, or any person who is
1247
convicted of a violation of subsection (1) and who at the time of
1248
the offense was accompanied in the vehicle by a person under the
1249
age of 18 years, shall be punished:
1250
(a) By a fine of:
1251
1. Not less than $500 or more than $1,000 for a first
1252
conviction.
1253
2. Not less than $1,000 or more than $2,000 for a second
1254
conviction.
1255
3. Not less than $2,000 for a third or subsequent
1256
conviction.
1257
(b) By imprisonment for:
1258
1. Not more than 9 months for a first conviction.
1259
2. Not more than 12 months for a second conviction.
1260
1261
For the purposes of this subsection, only the instant offense is
1262
required to be a violation of subsection (1) by a person who has
1263
a blood-alcohol level or breath-alcohol level of 0.15 0.20 or
1264
higher.
1265
(c) In addition to the penalties in paragraphs (a) and (b),
1266
the court shall order the mandatory placement, at the convicted
1267
person's sole expense, of an ignition interlock device approved
1268
by the department in accordance with s. 316.1938 upon all
1269
vehicles that are individually or jointly leased or owned and
1270
routinely operated by the convicted person for not less than up
1271
to 6 continuous months for the first offense and for not less
1272
than at least 2 continuous years for a second offense, when the
1273
convicted person qualifies for a permanent or restricted license.
1274
The installation of such device may not occur before July 1,
1275
2003.
1276
Section 22. Subsections (1), (6), and (8) of section
1277
316.302, Florida Statutes, are amended to read:
1278
316.302 Commercial motor vehicles; safety regulations;
1279
transporters and shippers of hazardous materials; enforcement.--
1280
(1)(a) All owners and drivers of commercial motor vehicles
1281
that are operated on the public highways of this state while
1282
engaged in interstate commerce are subject to the rules and
1283
regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
1284
(b) Except as otherwise provided in this section, all
1285
owners or drivers of commercial motor vehicles that are engaged
1286
in intrastate commerce are subject to the rules and regulations
1287
contained in 49 C.F.R. parts 382, 385, and 390-397, with the
1288
exception of 49 C.F.R. s. 390.5 as it relates to the definition
1289
of bus, as such rules and regulations existed on October 1, 2007
1290
2005.
1291
(c) Except as provided in s. 316.215(5), and except as
1292
provided in s. 316.228 for rear overhang lighting and flagging
1293
requirements for intrastate operations, the requirements of this
1294
section supersede all other safety requirements of this chapter
1295
for commercial motor vehicles.
1296
(6) The state Department of Transportation shall perform
1297
the duties that are assigned to the Field Administrator, Federal
1298
Motor Carrier Safety Administration Regional Federal Highway
1299
Administrator under the federal rules, and an agent of that
1300
department, as described in s. 316.545(9), may enforce those
1301
rules.
1302
(8) For the purpose of enforcing this section, any law
1303
enforcement officer of the Department of Transportation or duly
1304
appointed agent who holds a current safety inspector
1305
certification from the Commercial Vehicle Safety Alliance may
1306
require the driver of any commercial vehicle operated on the
1307
highways of this state to stop and submit to an inspection of the
1308
vehicle or the driver's records. If the vehicle or driver is
1309
found to be operating in an unsafe condition, or if any required
1310
part or equipment is not present or is not in proper repair or
1311
adjustment, and the continued operation would present an unduly
1312
hazardous operating condition, the officer may require the
1313
vehicle or the driver to be removed from service pursuant to the
1314
North American Standard Uniform Out-of-Service Criteria, until
1315
corrected. However, if continuous operation would not present an
1316
unduly hazardous operating condition, the officer may give
1317
written notice requiring correction of the condition within 14
1318
days.
1319
(a) Any member of the Florida Highway Patrol or any law
1320
enforcement officer employed by a sheriff's office or municipal
1321
police department authorized to enforce the traffic laws of this
1322
state pursuant to s. 316.640 who has reason to believe that a
1323
vehicle or driver is operating in an unsafe condition may, as
1324
provided in subsection (10), enforce the provisions of this
1325
section.
1326
(b) Any person who fails to comply with an officer's
1327
request to submit to an inspection under this subsection commits
1328
a violation of s. 843.02 if the person resists the officer
1329
without violence or a violation of s. 843.01 if the person
1330
resists the officer with violence.
1331
Section 23. Subsection (2) of section 316.613, Florida
1332
Statutes, is amended to read:
1333
316.613 Child restraint requirements.--
1334
(2) As used in this section, the term "motor vehicle" means
1335
a motor vehicle as defined in s. 316.003 which that is operated
1336
on the roadways, streets, and highways of the state. The term
1337
does not include:
1338
(a) A school bus as defined in s. 316.003(45).
1339
(b) A bus used for the transportation of persons for
1340
compensation, other than a bus regularly used to transport
1341
children to or from school, as defined in s. 316.615(1) (b), or
1342
in conjunction with school activities.
1343
(c) A farm tractor or implement of husbandry.
1344
(d) A truck having a gross vehicle weight rating of more
1345
than 26,000 of net weight of more than 5,000 pounds.
1346
(e) A motorcycle, moped, or bicycle.
1347
Section 24. Paragraph (a) of subsection (3) of section
1348
316.614, Florida Statutes, is amended to read:
1349
316.614 Safety belt usage.--
1350
(3) As used in this section:
1351
(a) "Motor vehicle" means a motor vehicle as defined in s.
1352
316.003 which that is operated on the roadways, streets, and
1353
highways of this state. The term does not include:
1354
1. A school bus.
1355
2. A bus used for the transportation of persons for
1356
compensation.
1357
3. A farm tractor or implement of husbandry.
1358
4. A truck having a gross vehicle weight rating of more
1359
than 26,000 of a net weight of more than 5,000 pounds.
1360
5. A motorcycle, moped, or bicycle.
1361
Section 25. Paragraph (a) of subsection (2) of section
1362
316.656, Florida Statutes, is amended to read:
1363
316.656 Mandatory adjudication; prohibition against
1364
accepting plea to lesser included offense.--
1365
(2)(a) No trial judge may accept a plea of guilty to a
1366
lesser offense from a person charged under the provisions of this
1367
act who has been given a breath or blood test to determine blood
1368
or breath alcohol content, the results of which show a blood or
1369
breath alcohol content by weight of 0.15 0.20 percent or more.
1370
Section 26. Subsection (9) of section 320.03, Florida
1371
Statutes, is amended to read:
1372
320.03 Registration; duties of tax collectors;
1373
International Registration Plan.--
1374
(9) A nonrefundable fee of $3 $1.50 shall be charged on the
1375
initial and renewal registration of each automobile for private
1376
use, and on the initial and renewal registration of each truck
1377
having a net weight of 5,000 pounds or less. Such fees shall be
1378
deposited in the Transportation Disadvantaged Trust Fund created
1379
in part I of chapter 427 and shall be used as provided therein,
1380
except that priority shall be given to the transportation needs
1381
of those who, because of age or physical and mental disability,
1382
are unable to transport themselves and are dependent upon others
1383
to obtain access to health care, employment, education, shopping,
1384
or other life-sustaining activities.
1385
Section 27. Section 322.64, Florida Statutes, is amended to
1386
read:
1387
322.64 Holder of commercial driver's license; persons
1388
operating a commercial motor vehicle; driving with unlawful
1389
blood-alcohol level; refusal to submit to breath, urine, or blood
1390
test.--
1391
(1)(a) A law enforcement officer or correctional officer
1392
shall, on behalf of the department, disqualify from operating any
1393
commercial motor vehicle a person who while operating or in
1394
actual physical control of a commercial motor vehicle is arrested
1395
for a violation of s. 316.193, relating to unlawful blood-alcohol
1396
level or breath-alcohol level, or a person who has refused to
1397
submit to a breath, urine, or blood test authorized by s. 322.63
1398
arising out of the operation or actual physical control of a
1399
commercial motor vehicle. A law enforcement officer or
1400
correctional officer shall, on behalf of the department,
1401
disqualify the holder of a commercial driver's license from
1402
operating any commercial motor vehicle if the licenseholder,
1403
while operating or in actual physical control of a motor vehicle,
1404
is arrested for a violation of s. 316.193, relating to unlawful
1405
blood-alcohol level or breath-alcohol level, or refused to submit
1406
to a breath, urine, or blood test authorized by s. 322.63. Upon
1407
disqualification of the person, the officer shall take the
1408
person's driver's license and issue the person a 10-day temporary
1409
permit for the operation of noncommercial vehicles only if the
1410
person is otherwise eligible for the driving privilege and shall
1411
issue the person a notice of disqualification. If the person has
1412
been given a blood, breath, or urine test, the results of which
1413
are not available to the officer at the time of the arrest, the
1414
agency employing the officer shall transmit such results to the
1415
department within 5 days after receipt of the results. If the
1416
department then determines that the person was arrested for a
1417
violation of s. 316.193 and that the person had a blood-alcohol
1418
level or breath-alcohol level of 0.08 or higher, the department
1419
shall disqualify the person from operating a commercial motor
1420
vehicle pursuant to subsection (3).
1421
(b) The disqualification under paragraph (a) shall be
1422
pursuant to, and the notice of disqualification shall inform the
1423
driver of, the following:
1424
1.a. The driver refused to submit to a lawful breath,
1425
blood, or urine test and he or she is disqualified from operating
1426
a commercial motor vehicle for a period of 1 year, for a first
1427
refusal, or permanently, if he or she has previously been
1428
disqualified as a result of a refusal to submit to such a test;
1429
or
1430
b. The driver was driving or in actual physical control of
1431
a commercial motor vehicle, or any motor vehicle if the driver
1432
holds a commercial driver's license, had an unlawful blood-
1433
alcohol level or breath-alcohol level of 0.08 or higher, and his
1434
or her driving privilege shall be disqualified for a period of 1
1435
year for a first offense or permanently if his or her driving
1436
privilege has been previously disqualified under this section.
1437
violated s. 316.193 by driving with an unlawful blood-alcohol
1438
level and he or she is disqualified from operating a commercial
1439
motor vehicle for a period of 6 months for a first offense or for
1440
a period of 1 year if he or she has previously been disqualified,
1441
or his or her driving privilege has been previously suspended,
1442
for a violation of s. 316.193.
1443
2. The disqualification period for operating commercial
1444
vehicles shall commence on the date of arrest or issuance of the
1445
notice of disqualification, whichever is later.
1446
3. The driver may request a formal or informal review of
1447
the disqualification by the department within 10 days after the
1448
date of arrest or issuance of the notice of disqualification,
1449
whichever is later.
1450
4. The temporary permit issued at the time of arrest or
1451
disqualification expires will expire at midnight of the 10th day
1452
following the date of disqualification.
1453
5. The driver may submit to the department any materials
1454
relevant to the disqualification arrest.
1455
(2) Except as provided in paragraph (1)(a), the law
1456
enforcement officer shall forward to the department, within 5
1457
days after the date of the arrest or the issuance of the notice
1458
of disqualification, whichever is later, a copy of the notice of
1459
disqualification, the driver's license of the person disqualified
1460
arrested, and a report of the arrest, including, if applicable,
1461
an affidavit stating the officer's grounds for belief that the
1462
person disqualified arrested was operating or in actual physical
1463
control of a commercial motor vehicle, or holds a commercial
1464
driver's license, and had an unlawful blood-alcohol or breath-
1465
alcohol level in violation of s. 316.193; the results of any
1466
breath or blood or urine test or an affidavit stating that a
1467
breath, blood, or urine test was requested by a law enforcement
1468
officer or correctional officer and that the person arrested
1469
refused to submit; a copy of the notice of disqualification
1470
citation issued to the person arrested; and the officer's
1471
description of the person's field sobriety test, if any. The
1472
failure of the officer to submit materials within the 5-day
1473
period specified in this subsection or subsection (1) does shall
1474
not affect the department's ability to consider any evidence
1475
submitted at or prior to the hearing. The officer may also submit
1476
a copy of a videotape of the field sobriety test or the attempt
1477
to administer such test and a copy of the crash report, if any.
1478
(3) If the department determines that the person arrested
1479
should be disqualified from operating a commercial motor vehicle
1480
pursuant to this section and if the notice of disqualification
1481
has not already been served upon the person by a law enforcement
1482
officer or correctional officer as provided in subsection (1),
1483
the department shall issue a notice of disqualification and,
1484
unless the notice is mailed pursuant to s. 322.251, a temporary
1485
permit which expires 10 days after the date of issuance if the
1486
driver is otherwise eligible.
1487
(4) If the person disqualified arrested requests an
1488
informal review pursuant to subparagraph (1)(b)3., the department
1489
shall conduct the informal review by a hearing officer employed
1490
by the department. Such informal review hearing shall consist
1491
solely of an examination by the department of the materials
1492
submitted by a law enforcement officer or correctional officer
1493
and by the person disqualified arrested, and the presence of an
1494
officer or witness is not required.
1495
(5) After completion of the informal review, notice of the
1496
department's decision sustaining, amending, or invalidating the
1497
disqualification must be provided to the person. Such notice must
1498
be mailed to the person at the last known address shown on the
1499
department's records, and to the address provided in the law
1500
enforcement officer's report if such address differs from the
1501
address of record, within 21 days after the expiration of the
1502
temporary permit issued pursuant to subsection (1) or subsection
1503
(3).
1504
(6)(a) If the person disqualified arrested requests a
1505
formal review, the department must schedule a hearing to be held
1506
within 30 days after such request is received by the department
1507
and must notify the person of the date, time, and place of the
1508
hearing.
1509
(b) Such formal review hearing shall be held before a
1510
hearing officer employed by the department, and the hearing
1511
officer shall be authorized to administer oaths, examine
1512
witnesses and take testimony, receive relevant evidence, issue
1513
subpoenas for the officers and witnesses identified in documents
1514
as provided in subsection (2), regulate the course and conduct of
1515
the hearing, and make a ruling on the disqualification. The
1516
department and the person disqualified arrested may subpoena
1517
witnesses, and the party requesting the presence of a witness
1518
shall be responsible for the payment of any witness fees. If the
1519
person who requests a formal review hearing fails to appear and
1520
the hearing officer finds such failure to be without just cause,
1521
the right to a formal hearing is waived and the department shall
1522
conduct an informal review of the disqualification under
1523
subsection (4).
1524
(c) A party may seek enforcement of a subpoena under
1525
paragraph (b) by filing a petition for enforcement in the circuit
1526
court of the judicial circuit in which the person failing to
1527
comply with the subpoena resides. A failure to comply with an
1528
order of the court shall result in a finding of contempt of
1529
court. However, a person shall not be in contempt while a
1530
subpoena is being challenged.
1531
(d) The department must, within 7 days after a formal
1532
review hearing, send notice to the person of the hearing
1533
officer's decision as to whether sufficient cause exists to
1534
sustain, amend, or invalidate the disqualification.
1535
(7) In a formal review hearing under subsection (6) or an
1536
informal review hearing under subsection (4), the hearing officer
1537
shall determine by a preponderance of the evidence whether
1538
sufficient cause exists to sustain, amend, or invalidate the
1539
disqualification. The scope of the review shall be limited to the
1540
following issues:
1541
(a) If the person was disqualified from operating a
1542
commercial motor vehicle for driving with an unlawful blood-
1543
alcohol level in violation of s. 316.193:
1544
1. Whether the arresting law enforcement officer had
1545
probable cause to believe that the person was driving or in
1546
actual physical control of a commercial motor vehicle, or any
1547
motor vehicle if the driver holds a commercial driver's license,
1548
in this state while he or she had any alcohol, chemical
1549
substances, or controlled substances in his or her body.
1550
2. Whether the person was placed under lawful arrest for a
1551
violation of s. 316.193.
1552
2.3. Whether the person had an unlawful blood-alcohol level
1553
or breath-alcohol level of 0.08 or higher as provided in s.
1554
1555
(b) If the person was disqualified from operating a
1556
commercial motor vehicle for refusal to submit to a breath,
1557
blood, or urine test:
1558
1. Whether the law enforcement officer had probable cause
1559
to believe that the person was driving or in actual physical
1560
control of a commercial motor vehicle, or any motor vehicle if
1561
the driver holds a commercial driver's license, in this state
1562
while he or she had any alcohol, chemical substances, or
1563
controlled substances in his or her body.
1564
2. Whether the person refused to submit to the test after
1565
being requested to do so by a law enforcement officer or
1566
correctional officer.
1567
3. Whether the person was told that if he or she refused to
1568
submit to such test he or she would be disqualified from
1569
operating a commercial motor vehicle for a period of 1 year or,
1570
in the case of a second refusal, permanently.
1571
(8) Based on the determination of the hearing officer
1572
pursuant to subsection (7) for both informal hearings under
1573
subsection (4) and formal hearings under subsection (6), the
1574
department shall:
1575
(a) Sustain the disqualification for a period of 1 year for
1576
a first refusal, or permanently if such person has been
1577
previously disqualified from operating a commercial motor vehicle
1578
as a result of a refusal to submit to such tests. The
1579
disqualification period commences on the date of the arrest or
1580
issuance of the notice of disqualification, whichever is later.
1581
(b) Sustain the disqualification:
1582
1. For a period of 1 year if the person was driving or in
1583
actual physical control of a commercial motor vehicle, or any
1584
motor vehicle if the driver holds a commercial driver's license,
1585
and had an unlawful blood-alcohol level or breath-alcohol level
1586
of 0.08 or higher; or 6 months for a violation of s. 316.193 or
1587
for a period of 1 year
1588
2. Permanently if the person has been previously
1589
disqualified from operating a commercial motor vehicle or his or
1590
her driving privilege has been previously suspended for driving
1591
or being in actual physical control of a commercial motor
1592
vehicle, or any motor vehicle if the driver holds a commercial
1593
driver's license, and had an unlawful blood-alcohol level or
1594
breath-alcohol level of 0.08 or higher as a result of a
1595
violation of s. 316.193.
1596
1597
The disqualification period commences on the date of the arrest
1598
or issuance of the notice of disqualification, whichever is
1599
later.
1600
(9) A request for a formal review hearing or an informal
1601
review hearing shall not stay the disqualification. If the
1602
department fails to schedule the formal review hearing to be held
1603
within 30 days after receipt of the request therefor, the
1604
department shall invalidate the disqualification. If the
1605
scheduled hearing is continued at the department's initiative,
1606
the department shall issue a temporary driving permit limited to
1607
noncommercial vehicles which is shall be valid until the hearing
1608
is conducted if the person is otherwise eligible for the driving
1609
privilege. Such permit shall not be issued to a person who sought
1610
and obtained a continuance of the hearing. The permit issued
1611
under this subsection shall authorize driving for business
1612
purposes or employment use only.
1613
(10) A person who is disqualified from operating a
1614
commercial motor vehicle under subsection (1) or subsection (3)
1615
is eligible for issuance of a license for business or employment
1616
purposes only under s. 322.271 if the person is otherwise
1617
eligible for the driving privilege. However, such business or
1618
employment purposes license shall not authorize the driver to
1619
operate a commercial motor vehicle.
1620
(11) The formal review hearing may be conducted upon a
1621
review of the reports of a law enforcement officer or a
1622
correctional officer, including documents relating to the
1623
administration of a breath test or blood test or the refusal to
1624
take either test. However, as provided in subsection (6), the
1625
driver may subpoena the officer or any person who administered or
1626
analyzed a breath or blood test.
1627
(12) The formal review hearing and the informal review
1628
hearing are exempt from the provisions of chapter 120. The
1629
department is authorized to adopt rules for the conduct of
1630
reviews under this section.
1631
(13) A person may appeal any decision of the department
1632
sustaining the disqualification from operating a commercial motor
1633
vehicle by a petition for writ of certiorari to the circuit court
1634
in the county wherein such person resides or wherein a formal or
1635
informal review was conducted pursuant to s. 322.31. However, an
1636
appeal shall not stay the disqualification. This subsection shall
1637
not be construed to provide for a de novo appeal.
1638
(14) The decision of the department under this section
1639
shall not be considered in any trial for a violation of s.
1641
submitted by a person in his or her request for departmental
1642
review under this section be admissible into evidence against him
1643
or her in any such trial. The disposition of any related criminal
1644
proceedings shall not affect a disqualification imposed pursuant
1645
to this section.
1646
(15) This section does not preclude the suspension of the
1647
driving privilege pursuant to s. 322.2615. The driving privilege
1648
of a person who has been disqualified from operating a commercial
1649
motor vehicle also may be suspended for a violation of s.
1650
1651
Section 28. Subsections (3) and (4) of section 336.41,
1652
Florida Statutes, are renumbered as subsections (4) and (5),
1653
respectively, and a new subsection (3) is added to that section,
1654
to read:
1655
336.41 Counties; employing labor and providing road
1656
equipment; accounting; when competitive bidding required.--
1657
(3) Notwithstanding any law to the contrary, a county,
1658
municipality, or special district may not own or operate an
1659
asphalt plant or a portable or stationary concrete batch plant
1660
that has an independent mixer; however, this prohibition does not
1661
apply to any county that owns or is under contract to purchase an
1662
asphalt plant as of April 15, 2008, and that furnishes its plant-
1663
generated asphalt solely for use by local governments or
1664
companies under contract with local governments for projects
1665
within the boundaries of the county. Sale of plant-generated
1666
asphalt to private entities or local governments outside the
1667
boundaries of the county is prohibited.
1668
Section 29. Paragraph (a) of subsection (7) of section
1669
337.11, Florida Statutes, is amended to read:
1670
337.11 Contracting authority of department; bids; emergency
1671
repairs, supplemental agreements, and change orders; combined
1672
design and construction contracts; progress payments; records;
1673
requirements of vehicle registration.--
1674
(7)(a) If the head of the department determines that it is
1675
in the best interests of the public, the department may combine
1676
the design and construction phases of a building, a major bridge,
1677
a limited access facility, or a rail corridor project into a
1678
single contract. Such contract is referred to as a design-build
1679
contract. The department's goal shall be to procure up to 25
1680
percent of the construction contracts that add capacity in the 5-
1681
year adopted work program as design-build contracts by July 1,
1682
2013. Design-build contracts may be advertised and awarded
1683
notwithstanding the requirements of paragraph (3)(c). However,
1684
construction activities may not begin on any portion of such
1685
projects for which the department has not yet obtained title to
1686
the necessary rights-of-way and easements for the construction of
1687
that portion of the project has vested in the state or a local
1688
governmental entity and all railroad crossing and utility
1689
agreements have been executed. Title to rights-of-way shall be
1690
deemed to have vested in the state when the title has been
1691
dedicated to the public or acquired by prescription.
1692
Section 30. Paragraph (b) of subsection (1) of section
1693
337.18, Florida Statutes, is amended to read:
1694
337.18 Surety bonds for construction or maintenance
1695
contracts; requirement with respect to contract award; bond
1696
requirements; defaults; damage assessments.--
1697
(1)
1698
(b) Prior to beginning any work under the contract, the
1699
contractor shall maintain a copy of the payment and performance
1700
bond required under this section at its principal place of
1701
business, and at the jobsite office if one is established, and
1702
the contractor shall provide a copy of the payment and
1703
performance bond within 5 days after receipt of any written
1704
request therefore. A copy of the payment and performance bond
1705
required under this section may also be obtained directly from
1706
the department via a request made pursuant to chapter 119. Upon
1707
execution of the contract, and prior to beginning any work under
1708
the contract, the contractor shall record in the public records
1709
of the county where the improvement is located the payment and
1710
performance bond required under this section. A claimant shall
1711
have a right of action against the contractor and surety for the
1712
amount due him or her, including unpaid finance charges due under
1713
the claimant's contract. Such action shall not involve the
1714
department in any expense.
1715
Section 31. Subsections (1), (2), and (7) of section
1716
337.185, Florida Statutes, are amended to read:
1717
337.185 State Arbitration Board.--
1718
(1) To facilitate the prompt settlement of claims for
1719
additional compensation arising out of construction and
1720
maintenance contracts between the department and the various
1721
contractors with whom it transacts business, the Legislature does
1722
hereby establish the State Arbitration Board, referred to in this
1723
section as the "board." For the purpose of this section, "claim"
1724
means shall mean the aggregate of all outstanding claims by a
1725
party arising out of a construction or maintenance contract.
1726
Every contractual claim in an amount up to $250,000 per contract
1727
or, at the claimant's option, up to $500,000 per contract or,
1728
upon agreement of the parties, up to $1 million per contract
1729
which that cannot be resolved by negotiation between the
1730
department and the contractor shall be arbitrated by the board
1731
after acceptance of the project by the department. As an
1732
exception, either party to the dispute may request that the claim
1733
be submitted to binding private arbitration. A court of law may
1734
not consider the settlement of such a claim until the process
1735
established by this section has been exhausted.
1736
(2) The board shall be composed of three members. One
1737
member shall be appointed by the head of the department, and one
1738
member shall be elected by those construction or maintenance
1739
companies who are under contract with the department. The third
1740
member shall be chosen by agreement of the other two members.
1741
Whenever the third member has a conflict of interest regarding
1742
affiliation with one of the parties, the other two members shall
1743
select an alternate member for that hearing. The head of the
1744
department may select an alternative or substitute to serve as
1745
the department member for any hearing or term. Each member shall
1746
serve a 2-year term. The board shall elect a chair, each term,
1747
who shall be the administrator of the board and custodian of its
1748
records.
1749
(7) The members of the board may receive compensation for
1750
the performance of their duties hereunder, from administrative
1751
fees received by the board, except that no employee of the
1752
department may receive compensation from the board. The
1753
compensation amount shall be determined by the board, but shall
1754
not exceed $125 per hour, up to a maximum of $1,000 per day for
1755
each member authorized to receive compensation. Nothing in this
1756
section does not shall prevent the member elected by construction
1757
or maintenance companies from being an employee of an association
1758
affiliated with the industry, even if the sole responsibility of
1759
that member is service on the board. Travel expenses for the
1760
industry member may be paid by an industry association, if
1761
necessary. The board may allocate funds annually for clerical and
1762
other administrative services.
1763
Section 32. Subsection (1) of section 337.403, Florida
1764
Statutes, is amended to read:
1765
337.403 Relocation of utility; expenses.--
1766
(1) Any utility heretofore or hereafter placed upon, under,
1767
over, or along any public road or publicly owned rail corridor
1768
which that is found by the authority to be unreasonably
1769
interfering in any way with the convenient, safe, or continuous
1770
use, or the maintenance, improvement, extension, or expansion, of
1771
such public road or publicly owned rail corridor shall, upon 30
1772
days' written notice to the utility or its agent by the
1773
authority, be removed or relocated by such utility at its own
1774
expense except as provided in paragraphs (a), (b), and (c), (d),
1775
and (e).
1776
(a) If the relocation of utility facilities, as referred to
1777
in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 627
1778
of the 84th Congress, is necessitated by the construction of a
1779
project on the federal-aid interstate system, including
1780
extensions thereof within urban areas, and the cost of such
1781
project is eligible and approved for reimbursement by the Federal
1782
Government to the extent of 90 percent or more under the Federal
1783
Aid Highway Act, or any amendment thereof, then in that event the
1784
utility owning or operating such facilities shall relocate such
1785
facilities upon order of the department, and the state shall pay
1786
the entire expense properly attributable to such relocation after
1787
deducting therefrom any increase in the value of the new facility
1788
and any salvage value derived from the old facility.
1789
(b) When a joint agreement between the department and the
1790
utility is executed for utility improvement, relocation, or
1791
removal work to be accomplished as part of a contract for
1792
construction of a transportation facility, the department may
1793
participate in those utility improvement, relocation, or removal
1794
costs that exceed the department's official estimate of the cost
1795
of such work by more than 10 percent. The amount of such
1796
participation shall be limited to the difference between the
1797
official estimate of all the work in the joint agreement plus 10
1798
percent and the amount awarded for this work in the construction
1799
contract for such work. The department may not participate in any
1800
utility improvement, relocation, or removal costs that occur as a
1801
result of changes or additions during the course of the contract.
1802
(c) When an agreement between the department and utility is
1803
executed for utility improvement, relocation, or removal work to
1804
be accomplished in advance of a contract for construction of a
1805
transportation facility, the department may participate in the
1806
cost of clearing and grubbing necessary to perform such work.
1807
(d) If the utility facility being removed or relocated was
1808
initially installed exclusively to serve the department, its
1809
tenants, or both the department and its tenants, the department
1810
shall bear the costs of removal or relocation of that utility
1811
facility. However, the department is not responsible for bearing
1812
the cost of removal or relocation of any subsequent additions to
1813
the utility facility for the purpose of serving others.
1814
(e) If pursuant to an agreement between a utility and the
1815
authority entered into after July 1, 2008, the utility conveys,
1816
subordinates, or relinquishes a compensable property right to the
1817
authority for the purpose of accommodating the acquisition or use
1818
of the right-of-way by the authority without the agreement
1819
expressly addressing future responsibility for cost of removal or
1820
relocation of the utility, the authority shall bear the cost of
1821
such removal or relocation. Nothing herein is intended to impair
1822
or restrict, or be used to interpret, the terms of any agreement
1823
entered into prior to July 1, 2008.
1824
Section 33. Subsection (6) is added to section 338.01,
1825
Florida Statutes, to read:
1826
338.01 Authority to establish and regulate limited access
1827
facilities.--
1828
(6) Notwithstanding any other provision of law, all new
1829
limited access facilities and existing transportation facilities
1830
on which new or replacement electronic toll collection systems
1831
are installed shall be interoperable with the department's
1832
electronic toll collection system.
1833
Section 34. Present subsections (7) and (8) of section
1834
338.165, Florida Statutes, are redesignated as subsections (8)
1835
and (9), respectively, and a new subsection (7) is added to that
1836
section, to read:
1837
338.165 Continuation of tolls.--
1838
(7) This section does not apply to high-occupancy toll
1839
lanes or express lanes.
1840
Section 35. Section 338.166, Florida Statutes, is created
1841
to read:
1842
338.166 High-occupancy toll lanes or express lanes.--
1843
(1) Under s. 11, Art. VII of the State Constitution, the
1844
department may request the Division of Bond Finance to issue
1845
bonds secured by toll revenues collected on high-occupancy toll
1846
lanes or express lanes located on Interstate 95 in Miami-Dade and
1847
Broward Counties.
1848
(2) The department may continue to collect the toll on the
1849
high-occupancy toll lanes or express lanes after the discharge of
1850
any bond indebtedness related to such project. All tolls so
1851
collected shall first be used to pay the annual cost of the
1852
operation, maintenance, and improvement of the high-occupancy
1853
toll lanes or express lanes project or associated transportation
1854
system.
1855
(3) Any remaining toll revenue from the high-occupancy toll
1856
lanes or express lanes shall be used by the department for the
1857
construction, maintenance, or improvement of any road on the
1858
State Highway System.
1859
(4) The department is authorized to implement variable rate
1860
tolls on high-occupancy toll lanes or express lanes.
1861
(5) Except for high-occupancy toll lanes or express lanes,
1862
tolls may not be charged for use of an interstate highway where
1863
tolls were not charged as of July 1, 1997.
1864
(6) This section does not apply to the turnpike system as
1865
defined under the Florida Turnpike Enterprise Law.
1866
Section 36. Paragraphs (d) and (e) are added to subsection
1867
(1) of section 338.2216, Florida Statutes, to read:
1868
338.2216 Florida Turnpike Enterprise; powers and
1869
authority.--
1870
(1)
1871
(d) The Florida Turnpike Enterprise is directed to pursue
1872
and implement new technologies and processes in its operations
1873
and collection of tolls and the collection of other amounts
1874
associated with road and infrastructure usage. Such technologies
1875
and processes shall include, without limitation, video billing
1876
and variable pricing.
1877
(e)1. The Florida Turnpike Enterprise may not contract with
1878
any vendor for the retail sale of fuel along the Florida Turnpike
1879
if such contract is negotiated or bid together with any other
1880
contract, including, but not limited to, the retail sale of food,
1881
maintenance services, or construction, except that a contract for
1882
the retail sale of fuel along the Florida Turnpike shall be bid
1883
and contracted with the retail sale of food at any convenience
1884
store attached to the fuel station.
1885
2. All contracts related to service plazas, including, but
1886
not limited to, the sale of fuel, the retail sale of food,
1887
maintenance services, or construction, awarded by the Florida
1888
Turnpike Enterprise shall be procured through individual
1889
competitive solicitations and awarded to the most cost-effective
1890
responder. This subparagraph does not prohibit the award of more
1891
than one individual contract to a single vendor who submits the
1892
most cost-effective response.
1893
Section 37. Paragraph (b) of subsection (1) of section
1894
338.223, Florida Statutes, is amended to read:
1895
338.223 Proposed turnpike projects.--
1896
(1)
1897
(b) Any proposed turnpike project or improvement shall be
1898
developed in accordance with the Florida Transportation Plan and
1899
the work program pursuant to s. 339.135. Turnpike projects that
1900
add capacity, alter access, affect feeder roads, or affect the
1901
operation of the local transportation system shall be included in
1902
the transportation improvement plan of the affected metropolitan
1903
planning organization. If such turnpike project does not fall
1904
within the jurisdiction of a metropolitan planning organization,
1905
the department shall notify the affected county and provide for
1906
public hearings in accordance with s. 339.155(5)(c) s.
1907
339.155(6)(c).
1908
Section 38. Section 338.231, Florida Statutes, is amended
1909
to read:
1910
338.231 Turnpike tolls, fixing; pledge of tolls and other
1911
revenues.--The department shall at all times fix, adjust, charge,
1912
and collect such tolls for the use of the turnpike system as are
1913
required in order to provide a fund sufficient with other
1914
revenues of the turnpike system to pay the cost of maintaining,
1915
improving, repairing, and operating such turnpike system; to pay
1916
the principal of and interest on all bonds issued to finance or
1917
refinance any portion of the turnpike system as the same become
1918
due and payable; and to create reserves for all such purposes.
1919
(1) In the process of effectuating toll rate increases over
1920
the period 1988 through 1992, the department shall, to the
1921
maximum extent feasible, equalize the toll structure, within each
1922
vehicle classification, so that the per mile toll rate will be
1923
approximately the same throughout the turnpike system. New
1924
turnpike projects may have toll rates higher than the uniform
1925
system rate where such higher toll rates are necessary to qualify
1926
the project in accordance with the financial criteria in the
1927
turnpike law. Such higher rates may be reduced to the uniform
1928
system rate when the project is generating sufficient revenues to
1929
pay the full amount of debt service and operating and maintenance
1930
costs at the uniform system rate. If, after 15 years of opening
1931
to traffic, the annual revenue of a turnpike project does not
1932
meet or exceed the annual debt service requirements and operating
1933
and maintenance costs attributable to such project, the
1934
department shall, to the maximum extent feasible, establish a
1935
toll rate for the project which is higher than the uniform system
1936
rate as necessary to meet such annual debt service requirements
1937
and operating and maintenance costs. The department may, to the
1938
extent feasible, establish a temporary toll rate at less than the
1939
uniform system rate for the purpose of building patronage for the
1940
ultimate benefit of the turnpike system. In no case shall the
1941
temporary rate be established for more than 1 year. The
1942
requirements of this subsection shall not apply when the
1943
application of such requirements would violate any covenant
1944
established in a resolution or trust indenture relating to the
1945
issuance of turnpike bonds.
1946
(1)(2) Notwithstanding any other provision of law, the
1947
department may defer the scheduled July 1, 1993, toll rate
1948
increase on the Homestead Extension of the Florida Turnpike until
1949
July 1, 1995. The department may also advance funds to the
1950
Turnpike General Reserve Trust Fund to replace estimated lost
1951
revenues resulting from this deferral. The amount advanced must
1952
be repaid within 12 years from the date of advance; however, the
1953
repayment is subordinate to all other debt financing of the
1954
turnpike system outstanding at the time repayment is due.
1955
(2)(3) The department shall publish a proposed change in
1956
the toll rate for the use of an existing toll facility, in the
1957
manner provided for in s. 120.54, which will provide for public
1958
notice and the opportunity for a public hearing before the
1959
adoption of the proposed rate change. When the department is
1960
evaluating a proposed turnpike toll project under s. 338.223 and
1961
has determined that there is a high probability that the project
1962
will pass the test of economic feasibility predicated on proposed
1963
toll rates, the toll rate that is proposed to be charged after
1964
the project is constructed must be adopted during the planning
1965
and project development phase of the project, in the manner
1966
provided for in s. 120.54, including public notice and the
1967
opportunity for a public hearing. For such a new project, the
1968
toll rate becomes effective upon the opening of the project to
1969
traffic.
1970
(3)(a)(4) For the period July 1, 1998, through June 30,
1971
2017, the department shall, to the maximum extent feasible,
1972
program sufficient funds in the tentative work program such that
1973
the percentage of turnpike toll and bond financed commitments in
1974
Dade County, Broward County, and Palm Beach County as compared to
1975
total turnpike toll and bond financed commitments shall be at
1976
least 90 percent of the share of net toll collections
1977
attributable to users of the turnpike system in Dade County,
1978
Broward County, and Palm Beach County as compared to total net
1979
toll collections attributable to users of the turnpike system.
1980
The requirements of this subsection do not apply when the
1981
application of such requirements would violate any covenant
1982
established in a resolution or trust indenture relating to the
1983
issuance of turnpike bonds. The department may establish at any
1984
time for economic considerations lower temporary toll rates for a
1985
new or existing toll facility for a period not to exceed 1 year,
1986
after which period the toll rates adopted under s. 120.54 shall
1987
become effective.
1988
(b) The department shall also fix, adjust, charge, and
1989
collect such amounts needed to cover the costs of administering
1990
the different toll collection and payment methods and types of
1991
accounts being offered and used in the manner provided for in s.
1992
120.54, which provides for public notice and the opportunity for
1993
a public hearing before adoption. Such amounts may stand alone,
1994
be incorporated into a toll rate structure, or be a combination
1995
thereof.
1996
(4)(5) When bonds are outstanding which have been issued to
1997
finance or refinance any turnpike project, the tolls and all
1998
other revenues derived from the turnpike system and pledged to
1999
such bonds shall be set aside as may be provided in the
2000
resolution authorizing the issuance of such bonds or the trust
2001
agreement securing the same. The tolls or other revenues or other
2002
moneys so pledged and thereafter received by the department are
2003
immediately subject to the lien of such pledge without any
2004
physical delivery thereof or further act. The lien of any such
2005
pledge is valid and binding as against all parties having claims
2006
of any kind in tort or contract or otherwise against the
2007
department irrespective of whether such parties have notice
2008
thereof. Neither the resolution nor any trust agreement by which
2009
a pledge is created need be filed or recorded except in the
2010
records of the department.
2011
(5)(6) In each fiscal year while any of the bonds of the
2012
Broward County Expressway Authority series 1984 and series 1986-A
2013
remain outstanding, the department is authorized to pledge
2014
revenues from the turnpike system to the payment of principal and
2015
interest of such series of bonds and the operation and
2016
maintenance expenses of the Sawgrass Expressway, to the extent
2017
gross toll revenues of the Sawgrass Expressway are insufficient
2018
to make such payments. The terms of an agreement relative to the
2019
pledge of turnpike system revenue will be negotiated with the
2020
parties of the 1984 and 1986 Broward County Expressway Authority
2021
lease-purchase agreements, and subject to the covenants of those
2022
agreements. The agreement shall establish that the Sawgrass
2023
Expressway shall be subject to the planning, management, and
2024
operating control of the department limited only by the terms of
2025
the lease-purchase agreements. The department shall provide for
2026
the payment of operation and maintenance expenses of the Sawgrass
2027
Expressway until such agreement is in effect. This pledge of
2028
turnpike system revenues shall be subordinate to the debt service
2029
requirements of any future issue of turnpike bonds, the payment
2030
of turnpike system operation and maintenance expenses, and
2031
subject to provisions of any subsequent resolution or trust
2032
indenture relating to the issuance of such turnpike bonds.
2033
(6)(7) The use and disposition of revenues pledged to bonds
2035
regulations as the resolution authorizing the issuance of such
2036
bonds or such trust agreement may provide.
2037
(7) Notwithstanding any other provision of law and
2038
effective July 1, 2008, the turnpike enterprise shall increase
2039
tolls on all existing toll facilities by 25 percent and, in
2040
addition, shall index that increase to the annual Consumer Price
2041
Index or similar inflation factors as established in s. 338.165.
2042
Section 39. Paragraph (c) of subsection (4) of section
2043
339.12, Florida Statutes, is amended, and paragraph (d) is added
2044
to that subsection, to read:
2045
339.12 Aid and contributions by governmental entities for
2046
department projects; federal aid.--
2047
(4)
2048
(c) The department may enter into agreements under this
2049
subsection for a project or project phase not included in the
2050
adopted work program. As used in this paragraph, the term
2051
"project phase" means acquisition of rights-of-way, construction,
2052
construction inspection, and related support phases. The project
2053
or project phase must be a high priority of the governmental
2054
entity. Reimbursement for a project or project phase must be made
2055
from funds appropriated by the Legislature pursuant to s.
2056
339.135(5). All other provisions of this subsection apply to
2057
agreements entered into under this paragraph. The total amount of
2058
project agreements for projects or project phases not included in
2059
the adopted work program authorized by this paragraph may not at
2060
any time exceed $100 million. However, notwithstanding such $100
2061
million limit and any similar limit in s. 334.30, project
2062
advances for any inland county with a population greater than
2063
500,000 dedicating amounts equal to $500 million or more of its
2064
Local Government Infrastructure Surtax pursuant to s. 212.055(2)
2065
for improvements to the State Highway System which are included
2066
in the local metropolitan planning organization's or the
2067
department's long-range transportation plans shall be excluded
2068
from the calculation of the statewide limit of project advances.
2069
(d) The department may enter into agreements under this
2070
subsection with any county having a population of 150,000 or
2071
fewer as determined by the most recent official estimate pursuant
2072
to s. 186.901 for a project or project phase not included in the
2073
adopted work program. As used in this paragraph, the term
2074
"project phase" means acquisition of rights-of-way, construction,
2075
construction inspection, and related support phases. The project
2076
or project phase must be a high priority of the governmental
2077
entity. Reimbursement for a project or project phase must be made
2078
from funds appropriated by the Legislature pursuant to s.
2079
339.135(5). All other provisions of this subsection apply to
2080
agreements entered into under this paragraph. The total amount of
2081
project agreements for projects or project phases not included in
2082
the adopted work program authorized by this paragraph may not at
2083
any time exceed $200 million. The project must be included in the
2084
local government's adopted comprehensive plan. The department is
2085
authorized to enter into long-term repayment agreements of up to
2086
30 years.
2087
Section 40. Paragraph (d) of subsection (7) of section
2088
339.135, Florida Statutes, is amended to read:
2089
339.135 Work program; legislative budget request;
2090
definitions; preparation, adoption, execution, and amendment.--
2091
(7) AMENDMENT OF THE ADOPTED WORK PROGRAM.--
2092
(d)1. Whenever the department proposes any amendment to the
2093
adopted work program, as defined in subparagraph (c)1. or
2094
subparagraph (c)3., which deletes or defers a construction phase
2095
on a capacity project, it shall notify each county affected by
2096
the amendment and each municipality within the county. The
2097
notification shall be issued in writing to the chief elected
2098
official of each affected county, each municipality within the
2099
county, and the chair of each affected metropolitan planning
2100
organization. Each affected county and each municipality in the
2101
county, is encouraged to coordinate with each other to determine
2102
how the amendment effects local concurrency management and
2103
regional transportation planning efforts. Each affected county,
2104
and each municipality within the county, shall have 14 days to
2105
provide written comments to the department regarding how the
2106
amendment will effect its respective concurrency management
2107
systems, including whether any development permits were issued
2108
contingent upon the capacity improvement, if applicable. After
2109
receipt of written comments from the affected local governments,
2110
the department shall include any written comments submitted by
2111
such local governments in its preparation of the proposed
2112
amendment.
2113
2. Following the 14-day comment period in subparagraph 1.,
2114
if applicable, whenever the department proposes any amendment to
2115
the adopted work program, which amendment is defined in
2116
subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
2117
subparagraph (c)4., it shall submit the proposed amendment to the
2118
Governor for approval and shall immediately notify the chairs of
2119
the legislative appropriations committees, the chairs of the
2120
legislative transportation committees, and each member of the
2121
Legislature who represents a district affected by the proposed
2122
amendment. It shall also notify, each metropolitan planning
2123
organization affected by the proposed amendment, and each unit of
2124
local government affected by the proposed amendment, unless it
2125
provided to each the notification required by subparagraph 1.
2126
Such proposed amendment shall provide a complete justification of
2127
the need for the proposed amendment.
2128
3.2. The Governor shall not approve a proposed amendment
2129
until 14 days following the notification required in subparagraph
2130
2. 1.
2131
4.3. If either of the chairs of the legislative
2132
appropriations committees or the President of the Senate or the
2133
Speaker of the House of Representatives objects in writing to a
2134
proposed amendment within 14 days following notification and
2135
specifies the reasons for such objection, the Governor shall
2136
disapprove the proposed amendment.
2137
Section 41. Section 339.155, Florida Statutes, is amended
2138
to read:
2139
339.155 Transportation planning.--
2140
(1) THE FLORIDA TRANSPORTATION PLAN.--The department shall
2141
develop and annually update a statewide transportation plan, to
2142
be known as the Florida Transportation Plan. The plan shall be
2143
designed so as to be easily read and understood by the general
2144
public. The purpose of the Florida Transportation Plan is to
2145
establish and define the state's long-range transportation goals
2146
and objectives to be accomplished over a period of at least 20
2147
years within the context of the State Comprehensive Plan, and any
2148
other statutory mandates and authorizations and based upon the
2149
prevailing principles of: preserving the existing transportation
2150
infrastructure; enhancing Florida's economic competitiveness; and
2151
improving travel choices to ensure mobility. The Florida
2152
Transportation Plan shall consider the needs of the entire state
2153
transportation system and examine the use of all modes of
2154
transportation to effectively and efficiently meet such needs.
2155
(2) SCOPE OF PLANNING PROCESS.--The department shall carry
2156
out a transportation planning process in conformance with s.
2157
334.046(1). which provides for consideration of projects and
2158
strategies that will:
2159
(a) Support the economic vitality of the United States,
2160
Florida, and the metropolitan areas, especially by enabling
2161
global competitiveness, productivity, and efficiency;
2162
(b) Increase the safety and security of the transportation
2163
system for motorized and nonmotorized users;
2164
(c) Increase the accessibility and mobility options
2165
available to people and for freight;
2166
(d) Protect and enhance the environment, promote energy
2167
conservation, and improve quality of life;
2168
(e) Enhance the integration and connectivity of the
2169
transportation system, across and between modes throughout
2170
Florida, for people and freight;
2171
(f) Promote efficient system management and operation; and
2172
(g) Emphasize the preservation of the existing
2173
transportation system.
2174
(3) FORMAT, SCHEDULE, AND REVIEW.--The Florida
2175
Transportation Plan shall be a unified, concise planning document
2176
that clearly defines the state's long-range transportation goals
2177
and objectives and documents the department's short-range
2178
objectives developed to further such goals and objectives. The
2179
plan shall:
2180
(a) Include a glossary that clearly and succinctly defines
2181
any and all phrases, words, or terms of art included in the plan,
2182
with which the general public may be unfamiliar. and shall
2183
consist of, at a minimum, the following components:
2184
(b)(a) Document A long-range component documenting the
2185
goals and long-term objectives necessary to implement the results
2186
of the department's findings from its examination of the
2187
prevailing principles and criteria provided under listed in
2188
subsection (2) and s. 334.046(1). The long-range component must
2189
(c) Be developed in cooperation with the metropolitan
2190
planning organizations and reconciled, to the maximum extent
2191
feasible, with the long-range plans developed by metropolitan
2192
planning organizations pursuant to s. 339.175. The plan must also
2193
(d) Be developed in consultation with affected local
2194
officials in nonmetropolitan areas and with any affected Indian
2195
tribal governments. The plan must
2196
(e) Provide an examination of transportation issues likely
2197
to arise during at least a 20-year period. The long-range
2198
component shall
2199
(f) Be updated at least once every 5 years, or more often
2200
as necessary, to reflect substantive changes to federal or state
2201
law.
2202
(b) A short-range component documenting the short-term
2203
objectives and strategies necessary to implement the goals and
2204
long-term objectives contained in the long-range component. The
2205
short-range component must define the relationship between the
2206
long-range goals and the short-range objectives, specify those
2207
objectives against which the department's achievement of such
2208
goals will be measured, and identify transportation strategies
2209
necessary to efficiently achieve the goals and objectives in the
2210
plan. It must provide a policy framework within which the
2211
department's legislative budget request, the strategic
2212
information resource management plan, and the work program are
2213
developed. The short-range component shall serve as the
2214
department's annual agency strategic plan pursuant to s. 186.021.
2215
The short-range component shall be developed consistent with
2216
available and forecasted state and federal funds. The short-range
2217
component shall also be submitted to the Florida Transportation
2218
Commission.
2219
(4) ANNUAL PERFORMANCE REPORT.--The department shall
2220
develop an annual performance report evaluating the operation of
2221
the department for the preceding fiscal year. The report shall
2222
also include a summary of the financial operations of the
2223
department and shall annually evaluate how well the adopted work
2224
program meets the short-term objectives contained in the short-
2225
range component of the Florida Transportation Plan. This
2226
performance report shall be submitted to the Florida
2227
Transportation Commission and the legislative appropriations and
2228
transportation committees.
2229
(4)(5) ADDITIONAL TRANSPORTATION PLANS.--
2230
(a) Upon request by local governmental entities, the
2231
department may in its discretion develop and design
2232
transportation corridors, arterial and collector streets,
2233
vehicular parking areas, and other support facilities which are
2234
consistent with the plans of the department for major
2235
transportation facilities. The department may render to local
2236
governmental entities or their planning agencies such technical
2237
assistance and services as are necessary so that local plans and
2238
facilities are coordinated with the plans and facilities of the
2239
department.
2240
(b) Each regional planning council, as provided for in s.
2241
186.504, or any successor agency thereto, shall develop, as an
2242
element of its strategic regional policy plan, transportation
2243
goals and policies. The transportation goals and policies must be
2244
prioritized to comply with the prevailing principles provided in
2245
subsection (2) and s. 334.046(1). The transportation goals and
2246
policies shall be consistent, to the maximum extent feasible,
2247
with the goals and policies of the metropolitan planning
2248
organization and the Florida Transportation Plan. The
2249
transportation goals and policies of the regional planning
2250
council will be advisory only and shall be submitted to the
2251
department and any affected metropolitan planning organization
2252
for their consideration and comments. Metropolitan planning
2253
organization plans and other local transportation plans shall be
2254
developed consistent, to the maximum extent feasible, with the
2255
regional transportation goals and policies. The regional planning
2256
council shall review urbanized area transportation plans and any
2257
other planning products stipulated in s. 339.175 and provide the
2258
department and respective metropolitan planning organizations
2259
with written recommendations which the department and the
2260
metropolitan planning organizations shall take under advisement.
2261
Further, the regional planning councils shall directly assist
2262
local governments which are not part of a metropolitan area
2263
transportation planning process in the development of the
2264
transportation element of their comprehensive plans as required
2265
by s. 163.3177.
2266
(c) Regional transportation plans may be developed in
2267
regional transportation areas in accordance with an interlocal
2268
agreement entered into pursuant to s. 163.01 by two or more
2269
contiguous metropolitan planning organizations; one or more
2270
metropolitan planning organizations and one or more contiguous
2271
counties, none of which is a member of a metropolitan planning
2272
organization; a multicounty regional transportation authority
2273
created by or pursuant to law; two or more contiguous counties
2274
that are not members of a metropolitan planning organization; or
2275
metropolitan planning organizations comprised of three or more
2276
counties.
2277
(d) The interlocal agreement must, at a minimum, identify
2278
the entity that will coordinate the development of the regional
2279
transportation plan; delineate the boundaries of the regional
2280
transportation area; provide the duration of the agreement and
2281
specify how the agreement may be terminated, modified, or
2282
rescinded; describe the process by which the regional
2283
transportation plan will be developed; and provide how members of
2284
the entity will resolve disagreements regarding interpretation of
2285
the interlocal agreement or disputes relating to the development
2286
or content of the regional transportation plan. Such interlocal
2287
agreement shall become effective upon its recordation in the
2288
official public records of each county in the regional
2289
transportation area.
2290
(e) The regional transportation plan developed pursuant to
2291
this section must, at a minimum, identify regionally significant
2292
transportation facilities located within a regional
2293
transportation area and contain a prioritized list of regionally
2294
significant projects. The level-of-service standards for
2295
facilities to be funded under this subsection shall be adopted by
2296
the appropriate local government in accordance with s.
2297
163.3180(10). The projects shall be adopted into the capital
2298
improvements schedule of the local government comprehensive plan
2299
pursuant to s. 163.3177(3).
2300
(5)(6) PROCEDURES FOR PUBLIC PARTICIPATION IN
2301
TRANSPORTATION PLANNING.--
2302
(a) During the development of the long-range component of
2303
the Florida Transportation Plan and prior to substantive
2304
revisions, the department shall provide citizens, affected public
2305
agencies, representatives of transportation agency employees,
2306
other affected employee representatives, private providers of
2307
transportation, and other known interested parties with an
2308
opportunity to comment on the proposed plan or revisions. These
2309
opportunities shall include, at a minimum, publishing a notice in
2310
the Florida Administrative Weekly and within a newspaper of
2311
general circulation within the area of each department district
2312
office.
2313
(b) During development of major transportation
2314
improvements, such as those increasing the capacity of a facility
2315
through the addition of new lanes or providing new access to a
2316
limited or controlled access facility or construction of a
2317
facility in a new location, the department shall hold one or more
2318
hearings prior to the selection of the facility to be provided;
2319
prior to the selection of the site or corridor of the proposed
2320
facility; and prior to the selection of and commitment to a
2321
specific design proposal for the proposed facility. Such public
2322
hearings shall be conducted so as to provide an opportunity for
2323
effective participation by interested persons in the process of
2324
transportation planning and site and route selection and in the
2325
specific location and design of transportation facilities. The
2326
various factors involved in the decision or decisions and any
2327
alternative proposals shall be clearly presented so that the
2328
persons attending the hearing may present their views relating to
2329
the decision or decisions which will be made.
2330
(c) Opportunity for design hearings:
2331
1. The department, prior to holding a design hearing, shall
2332
duly notify all affected property owners of record, as recorded
2333
in the property appraiser's office, by mail at least 20 days
2334
prior to the date set for the hearing. The affected property
2335
owners shall be:
2336
a. Those whose property lies in whole or in part within 300
2337
feet on either side of the centerline of the proposed facility.
2338
b. Those whom the department determines will be
2339
substantially affected environmentally, economically, socially,
2340
or safetywise.
2341
2. For each subsequent hearing, the department shall
2342
publish notice prior to the hearing date in a newspaper of
2343
general circulation for the area affected. These notices must be
2344
published twice, with the first notice appearing at least 15
2345
days, but no later than 30 days, before the hearing.
2346
3. A copy of the notice of opportunity for the hearing must
2347
be furnished to the United States Department of Transportation
2348
and to the appropriate departments of the state government at the
2349
time of publication.
2350
4. The opportunity for another hearing shall be afforded in
2351
any case when proposed locations or designs are so changed from
2352
those presented in the notices specified above or at a hearing as
2353
to have a substantially different social, economic, or
2354
environmental effect.
2355
5. The opportunity for a hearing shall be afforded in each
2356
case in which the department is in doubt as to whether a hearing
2357
is required.
2358
Section 42. Subsection (3) and paragraphs (b) and (c) of
2359
subsection (4) of section 339.2816, Florida Statutes, are amended
2360
to read:
2361
339.2816 Small County Road Assistance Program.--
2362
(3) Beginning with fiscal year 1999-2000 until fiscal year
2363
2009-2010, and beginning again with fiscal year 2012-2013, up to
2364
$25 million annually from the State Transportation Trust Fund may
2365
be used for the purposes of funding the Small County Road
2366
Assistance Program as described in this section.
2367
(4)
2368
(b) In determining a county's eligibility for assistance
2369
under this program, the department may consider whether the
2370
county has attempted to keep county roads in satisfactory
2371
condition, including the amount of local option fuel tax and ad
2372
valorem millage rate imposed by the county. The department may
2373
also consider the extent to which the county has offered to
2374
provide a match of local funds with state funds provided under
2375
the program. At a minimum, small counties shall be eligible only
2376
if:
2377
1. The county has enacted the maximum rate of the local
2378
option fuel tax authorized by s. 336.025(1)(a)., and has imposed
2379
an ad valorem millage rate of at least 8 mills; or
2380
2. The county has imposed an ad valorem millage rate of 10
2381
mills.
2382
(c) The following criteria shall be used to prioritize road
2383
projects for funding under the program:
2384
1. The primary criterion is the physical condition of the
2385
road as measured by the department.
2386
2. As secondary criteria the department may consider:
2387
a. Whether a road is used as an evacuation route.
2388
b. Whether a road has high levels of agricultural travel.
2389
c. Whether a road is considered a major arterial route.
2390
d. Whether a road is considered a feeder road.
2391
e. Whether a road is located in a fiscally constrained
2392
county, as defined in s. 218.67(1).
2393
f.e. Other criteria related to the impact of a project on
2394
the public road system or on the state or local economy as
2395
determined by the department.
2396
Section 43. Subsections (1) and (3) of section 339.2819,
2397
Florida Statutes, are amended to read:
2398
339.2819 Transportation Regional Incentive Program.--
2399
(1) There is created within the Department of
2400
Transportation a Transportation Regional Incentive Program for
2401
the purpose of providing funds to improve regionally significant
2402
transportation facilities in regional transportation areas
2403
created pursuant to s. 339.155(4)(5).
2404
(3) The department shall allocate funding available for the
2405
Transportation Regional Incentive Program to the districts based
2406
on a factor derived from equal parts of population and motor fuel
2407
collections for eligible counties in regional transportation
2408
areas created pursuant to s. 339.155(4)(5).
2409
Section 44. Subsection (6) of section 339.285, Florida
2410
Statutes, is amended to read:
2411
339.285 Enhanced Bridge Program for Sustainable
2412
Transportation.--
2413
(6) Preference shall be given to bridge projects located on
2414
corridors that connect to the Strategic Intermodal System,
2415
created under s. 339.64, and that have been identified as
2416
regionally significant in accordance with s. 339.155(4)(5)(c),
2417
(d), and (e).
2418
Section 45. Subsection (4) of section 348.0003, Florida
2419
Statutes, is amended to read:
2420
348.0003 Expressway authority; formation; membership.--
2421
(4)(a) An authority may employ an executive secretary, an
2422
executive director, its own counsel and legal staff, technical
2423
experts, and such engineers and employees, permanent or
2424
temporary, as it may require and shall determine the
2425
qualifications and fix the compensation of such persons, firms,
2426
or corporations. An authority may employ a fiscal agent or
2427
agents; however, the authority must solicit sealed proposals from
2428
at least three persons, firms, or corporations for the
2429
performance of any services as fiscal agents. An authority may
2430
delegate to one or more of its agents or employees such of its
2431
power as it deems necessary to carry out the purposes of the
2432
Florida Expressway Authority Act, subject always to the
2433
supervision and control of the authority. Members of an authority
2434
may be removed from office by the Governor for misconduct,
2435
malfeasance, misfeasance, or nonfeasance in office.
2436
(b) Members of an authority are entitled to receive from
2437
the authority their travel and other necessary expenses incurred
2438
in connection with the business of the authority as provided in
2439
s. 112.061, but they may not draw salaries or other compensation.
2440
(c) Members of each expressway an authority, transportation
2441
authority, bridge authority, or toll authority, created pursuant
2442
to this chapter, chapter 343 or chapter 349, or pursuant to any
2443
other legislative enactment, shall be required to comply with the
2444
applicable financial disclosure requirements of s. 8, Art. II of
2445
the State Constitution. This subsection does not subject a
2446
statutorily created expressway authority, transportation
2447
authority, bridge authority, or toll authority, other than one
2448
created under this part, to any of the requirements of this part
2449
other than those contained in this subsection.
2450
Section 46. Paragraph (c) is added to subsection (1) of
2451
section 348.0004, Florida Statutes, to read:
2452
348.0004 Purposes and powers.--
2453
(1)
2454
(c) Notwithstanding any other provision of law, expressway
2455
authorities as defined in chapter 348 shall index toll rates on
2456
toll facilities to the annual Consumer Price Index or similar
2457
inflation indicators. Toll rate index for inflation under this
2458
subsection must be adopted and approved by the expressway
2459
authority board at a public meeting and may be made no more
2460
frequently than once a year and must be made no less frequently
2461
than once every 5 years as necessary to accommodate cash toll
2462
rate schedules. Toll rates may be increased beyond these limits
2463
as directed by bond documents, covenants, or governing body
2464
authorization or pursuant to department administrative rule.
2465
Section 47. Part III of chapter 343, Florida Statutes,
2468
Section 48. The Department of Transportation, in
2469
consultation with the Department of Law Enforcement, the Division
2470
of Emergency Management of the Department of Community Affairs,
2471
and the Office of Tourism, Trade, and Economic Development, and
2472
metropolitan planning organizations and regional planning
2473
councils within whose jurisdictional area the I-95 corridor lies,
2474
shall complete a study of transportation alternatives for the
2475
travel corridor parallel to Interstate 95 which takes into
2476
account the transportation, emergency management, homeland
2477
security, and economic development needs of the state. The report
2478
must include identification of cost-effective measures that may
2479
be implemented to alleviate congestion on Interstate 95,
2480
facilitate emergency and security responses, and foster economic
2481
development. The Department of Transportation shall send the
2482
report to the Governor, the President of the Senate, the Speaker
2483
of the House of Representatives, and each affected metropolitan
2484
planning organization by June 30, 2009.
2485
Section 49. Subsection (18) of section 409.908, Florida
2486
Statutes, is amended to read:
2487
409.908 Reimbursement of Medicaid providers.--Subject to
2488
specific appropriations, the agency shall reimburse Medicaid
2489
providers, in accordance with state and federal law, according to
2490
methodologies set forth in the rules of the agency and in policy
2491
manuals and handbooks incorporated by reference therein. These
2492
methodologies may include fee schedules, reimbursement methods
2493
based on cost reporting, negotiated fees, competitive bidding
2494
pursuant to s. 287.057, and other mechanisms the agency considers
2495
efficient and effective for purchasing services or goods on
2496
behalf of recipients. If a provider is reimbursed based on cost
2497
reporting and submits a cost report late and that cost report
2498
would have been used to set a lower reimbursement rate for a rate
2499
semester, then the provider's rate for that semester shall be
2500
retroactively calculated using the new cost report, and full
2501
payment at the recalculated rate shall be effected retroactively.
2502
Medicare-granted extensions for filing cost reports, if
2503
applicable, shall also apply to Medicaid cost reports. Payment
2504
for Medicaid compensable services made on behalf of Medicaid
2505
eligible persons is subject to the availability of moneys and any
2506
limitations or directions provided for in the General
2507
Appropriations Act or chapter 216. Further, nothing in this
2508
section shall be construed to prevent or limit the agency from
2509
adjusting fees, reimbursement rates, lengths of stay, number of
2510
visits, or number of services, or making any other adjustments
2511
necessary to comply with the availability of moneys and any
2512
limitations or directions provided for in the General
2513
Appropriations Act, provided the adjustment is consistent with
2514
legislative intent.
2515
(18) Unless otherwise provided for in the General
2516
Appropriations Act, a provider of transportation services shall
2517
be reimbursed the lesser of the amount billed by the provider or
2518
the Medicaid maximum allowable fee established by the agency,
2519
except when the agency has entered into a direct contract with
2520
the provider, or with a community transportation coordinator, for
2521
the provision of an all-inclusive service, or when services are
2522
provided pursuant to an agreement negotiated between the agency
2523
and the provider. The agency, as provided for in s. 427.0135,
2524
shall purchase transportation services through the community
2525
coordinated transportation system, if available, unless the
2526
agency, after consultation with the commission, determines that
2527
it cannot reach mutually acceptable contract terms with the
2528
commission. The agency may then contract for the same
2529
transportation services provided in a more cost-effective manner
2530
and of comparable or higher quality and standards determines a
2531
more cost-effective method for Medicaid clients. Nothing in this
2532
subsection shall be construed to limit or preclude the agency
2533
from contracting for services using a prepaid capitation rate or
2534
from establishing maximum fee schedules, individualized
2535
reimbursement policies by provider type, negotiated fees, prior
2536
authorization, competitive bidding, increased use of mass
2537
transit, or any other mechanism that the agency considers
2538
efficient and effective for the purchase of services on behalf of
2539
Medicaid clients, including implementing a transportation
2540
eligibility process. The agency shall not be required to contract
2541
with any community transportation coordinator or transportation
2542
operator that has been determined by the agency, the Department
2543
of Legal Affairs Medicaid Fraud Control Unit, or any other state
2544
or federal agency to have engaged in any abusive or fraudulent
2545
billing activities. The agency is authorized to competitively
2546
procure transportation services or make other changes necessary
2547
to secure approval of federal waivers needed to permit federal
2548
financing of Medicaid transportation services at the service
2549
matching rate rather than the administrative matching rate.
2550
Notwithstanding chapter 427, the agency is authorized to continue
2551
contracting for Medicaid nonemergency transportation services in
2552
agency service area 11 with managed care plans that were under
2553
contract for those services before July 1, 2004.
2554
Section 50. Subsections (8), (12), and (13) of section
2555
427.011, Florida Statutes, are amended to read:
2557
2558
(8) "Purchasing agency" "Member department" means a
2559
department or agency whose head is an ex officio, nonvoting
2560
advisor to a member of the commission, or an agency that
2561
purchases transportation services for the transportation
2562
disadvantaged.
2563
(12) "Annual budget estimate" means a budget estimate of
2564
funding resources available for providing transportation services
2565
to the transportation disadvantaged and which is prepared
2566
annually to cover a period of 1 state fiscal year.
2567
(12)(13) "Nonsponsored transportation disadvantaged
2568
services" means transportation disadvantaged services that are
2569
not sponsored or subsidized by any funding source other than the
2570
Transportation Disadvantaged Trust Fund.
2571
Section 51. Subsection (4) of section 427.012, Florida
2572
Statutes, is amended to read:
2573
427.012 The Commission for the Transportation
2574
Disadvantaged.--There is created the Commission for the
2575
Transportation Disadvantaged in the Department of Transportation.
2576
(4) The commission shall meet at least quarterly, or more
2577
frequently at the call of the chairperson. Four Five members of
2578
the commission constitute a quorum, and a majority vote of the
2579
members present is necessary for any action taken by the
2580
commission.
2581
Section 52. Subsections (7), (8), (9), (14), and (26) of
2582
section 427.013, Florida Statutes, are amended, and subsection
2583
(29) is added to that section, to read:
2584
427.013 The Commission for the Transportation
2585
Disadvantaged; purpose and responsibilities.--The purpose of the
2586
commission is to accomplish the coordination of transportation
2587
services provided to the transportation disadvantaged. The goal
2588
of this coordination is shall be to assure the cost-effective
2589
provision of transportation by qualified community transportation
2590
coordinators or transportation operators for the transportation
2591
disadvantaged without any bias or presumption in favor of
2592
multioperator systems or not-for-profit transportation operators
2593
over single operator systems or for-profit transportation
2594
operators. In carrying out this purpose, the commission shall:
2595
(7) Unless otherwise provided by state or federal law,
2596
ensure Assure that all procedures, guidelines, and directives
2597
issued by purchasing agencies member departments are conducive to
2598
the coordination of transportation services.
2599
(8)(a) Ensure Assure that purchasing agencies member
2600
departments purchase all trips within the coordinated system,
2601
unless they have fulfilled the requirements of s. 427.0135(3) and
2602
use a more cost-effective alternative provider that meets
2603
comparable quality and standards.
2604
(b) Unless the purchasing agency has negotiated with the
2605
commission pursuant to the requirements of s. 427.0135(3),
2606
provide, by rule, criteria and procedures for purchasing agencies
2607
member departments to use if they wish to use an alternative
2608
provider. Agencies Departments must demonstrate either that the
2609
proposed alternative provider can provide a trip of comparable
2610
acceptable quality and standards for the clients at a lower cost
2611
than that provided within the coordinated system, or that the
2612
coordinated system cannot accommodate the agency's department's
2613
clients.
2614
(9) Unless the purchasing agency has negotiated with the
2615
commission pursuant to the requirements of s. 427.0135(3),
2616
develop by rule standards for community transportation
2617
coordinators and any transportation operator or coordination
2618
contractor from whom service is purchased or arranged by the
2619
community transportation coordinator covering coordination,
2620
operation, safety, insurance, eligibility for service, costs, and
2621
utilization of transportation disadvantaged services. These
2622
standards and rules must include, but are not limited to:
2623
(a) Inclusion, by rule, of acceptable ranges of trip costs
2624
for the various modes and types of transportation services
2625
provided.
2626
(a)(b) Minimum performance standards for the delivery of
2627
services. These standards must be included in coordinator
2628
contracts and transportation operator contracts with clear
2629
penalties for repeated or continuing violations.
2630
(b)(c) Minimum liability insurance requirements for all
2631
transportation services purchased, provided, or coordinated for
2632
the transportation disadvantaged through the community
2633
transportation coordinator.
2634
(14) Consolidate, for each state agency, the annual budget
2635
estimates for transportation disadvantaged services, and the
2636
amounts of each agency's actual expenditures, together with the
2637
actual expenditures annual budget estimates of each official
2638
planning agency, local government, and directly federally funded
2639
agency and the amounts collected by each official planning agency
2640
issue a report.
2641
(26) Develop a quality assurance and management review
2642
program to monitor, based upon approved commission standards,
2643
services contracted for by an agency, and those provided by a
2644
community transportation operator pursuant to s. 427.0155. Staff
2645
of the quality assurance and management review program shall
2646
function independently and be directly responsible to the
2647
executive director.
2648
(29) Incur expenses for the purchase of advertisements,
2649
marketing services, and promotional items.
2650
Section 53. Section 427.0135, Florida Statutes, is amended
2651
to read:
2652
427.0135 Purchasing agencies Member departments; duties and
2653
responsibilities.--Each purchasing agency member department, in
2654
carrying out the policies and procedures of the commission,
2655
shall:
2656
(1)(a) Use the coordinated transportation system for
2657
provision of services to its clients, unless each department or
2658
purchasing agency meets the criteria outlined in rule or statute
2659
to use an alternative provider.
2660
(b) Subject to the provisions of s. 409.908(18), the
2661
Medicaid agency shall purchase transportation services through
2662
the community coordinated transportation system unless a more
2663
cost-effective method is determined by the agency for Medicaid
2664
clients or unless otherwise limited or directed by the General
2665
Appropriations Act.
2666
(2) Pay the rates established in the service plan or
2667
negotiated statewide contract, unless the purchasing agency has
2668
completed the procedure for using an alternative provider and
2669
demonstrated that a proposed alternative provider can provide a
2670
more cost-effective transportation service of comparable quality
2671
and standards or unless the agency has satisfied the requirements
2672
of subsection (3).
2673
(3) Not procure transportation disadvantaged services
2674
without initially negotiating with the commission, as provided in
2675
s. 287.057(5)(f)13., or unless otherwise authorized by statute.
2676
If the purchasing agency, after consultation with the commission,
2677
determines that it cannot reach mutually acceptable contract
2678
terms with the commission, the purchasing agency may contract for
2679
the same transportation services provided in a more cost-
2680
effective manner and of comparable or higher quality and
2681
standards. The Medicaid agency shall implement this subsection in
2682
a manner consistent with s. 409.908(18) and as otherwise limited
2683
or directed by the General Appropriations Act.
2684
(4) Identify in the legislative budget request provided to
2685
the Governor each year for the General Appropriations Act the
2686
specific amount of money the purchasing agency will allocate to
2687
provide transportation disadvantaged services.
2688
(5)(2) Provide the commission, by September 15 of each
2689
year, an accounting of all funds spent as well as how many trips
2690
were purchased with agency funds.
2691
(6)(3) Assist communities in developing coordinated
2692
transportation systems designed to serve the transportation
2693
disadvantaged. However, a purchasing agency member department may
2694
not serve as the community transportation coordinator in any
2695
designated service area.
2696
(7)(4) Ensure Assure that its rules, procedures,
2697
guidelines, and directives are conducive to the coordination of
2698
transportation funds and services for the transportation
2699
disadvantaged.
2700
(8)(5) Provide technical assistance, as needed, to
2701
community transportation coordinators or transportation operators
2702
or participating agencies.
2703
Section 54. Subsections (2) and (3) of section 427.015,
2704
Florida Statutes, are amended to read:
2705
427.015 Function of the metropolitan planning organization
2706
or designated official planning agency in coordinating
2707
transportation for the transportation disadvantaged.--
2708
(2) Each metropolitan planning organization or designated
2709
official planning agency shall recommend to the commission a
2710
single community transportation coordinator. However, a
2711
purchasing agency member department may not serve as the
2712
community transportation coordinator in any designated service
2713
area. The coordinator may provide all or a portion of needed
2714
transportation services for the transportation disadvantaged but
2715
shall be responsible for the provision of those coordinated
2716
services. Based on approved commission evaluation criteria, the
2717
coordinator shall subcontract or broker those services that are
2718
more cost-effectively and efficiently provided by subcontracting
2719
or brokering. The performance of the coordinator shall be
2720
evaluated based on the commission's approved evaluation criteria
2721
by the coordinating board at least annually. A copy of the
2722
evaluation shall be submitted to the metropolitan planning
2723
organization or the designated official planning agency, and the
2724
commission. The recommendation or termination of any community
2725
transportation coordinator shall be subject to approval by the
2726
commission.
2727
(3) Each metropolitan planning organization or designated
2728
official planning agency shall request each local government in
2729
its jurisdiction to provide the actual expenditures an estimate
2730
of all local and direct federal funds to be expended for
2731
transportation for the disadvantaged. The metropolitan planning
2732
organization or designated official planning agency shall
2733
consolidate this information into a single report and forward it,
2734
by September 15 the beginning of each fiscal year, to the
2735
commission.
2736
Section 55. Subsection (7) of section 427.0155, Florida
2737
Statutes, is amended to read:
2738
427.0155 Community transportation coordinators; powers and
2739
duties.--Community transportation coordinators shall have the
2740
following powers and duties:
2741
(7) In cooperation with the coordinating board and pursuant
2742
to criteria developed by the Commission for the Transportation
2743
Disadvantaged, establish eligibility guidelines and priorities
2744
with regard to the recipients of nonsponsored transportation
2745
disadvantaged services that are purchased with Transportation
2746
Disadvantaged Trust Fund moneys.
2747
Section 56. Subsection (4) of section 427.0157, Florida
2748
Statutes, is amended to read:
2749
427.0157 Coordinating boards; powers and duties.--The
2750
purpose of each coordinating board is to develop local service
2751
needs and to provide information, advice, and direction to the
2752
community transportation coordinators on the coordination of
2753
services to be provided to the transportation disadvantaged. The
2754
commission shall, by rule, establish the membership of
2755
coordinating boards. The members of each board shall be appointed
2756
by the metropolitan planning organization or designated official
2757
planning agency. The appointing authority shall provide each
2758
board with sufficient staff support and resources to enable the
2759
board to fulfill its responsibilities under this section. Each
2760
board shall meet at least quarterly and shall:
2761
(4) Assist the community transportation coordinator in
2762
establishing eligibility guidelines and priorities with regard to
2763
the recipients of nonsponsored transportation disadvantaged
2764
services that are purchased with Transportation Disadvantaged
2765
Trust Fund moneys.
2766
Section 57. Subsections (2) and (3) of section 427.0158,
2767
Florida Statutes, are amended to read:
2768
427.0158 School bus and public transportation.--
2769
(2) The school boards shall cooperate in the utilization of
2770
their vehicles to enhance coordinated disadvantaged
2771
transportation disadvantaged services by providing the
2772
information as requested by the community transportation
2773
coordinator required by this section and by allowing the use of
2774
their vehicles at actual cost upon request when those vehicles
2775
are available for such use and are not transporting students.
2776
Semiannually, no later than October 1 and April 30, a designee
2777
from the local school board shall provide the community
2778
transportation coordinator with copies to the coordinated
2779
transportation board, the following information for vehicles not
2780
scheduled 100 percent of the time for student transportation use:
2781
(a) The number and type of vehicles by adult capacity,
2782
including days and times, that the vehicles are available for
2783
coordinated transportation disadvantaged services;
2784
(b) The actual cost per mile by vehicle type available;
2785
(c) The actual driver cost per hour;
2786
(d) Additional actual cost associated with vehicle use
2787
outside the established workday or workweek of the entity; and
2788
(e) Notification of lead time required for vehicle use.
2789
(3) The public transit fixed route or fixed schedule system
2790
shall cooperate in the utilization of its regular service to
2791
enhance coordinated transportation disadvantaged services by
2792
providing the information as requested by the community
2793
transportation coordinator required by this section. Annually, no
2794
later than October 1, a designee from the local public transit
2795
fixed route or fixed schedule system shall provide The community
2796
transportation coordinator may request, without limitation, with
2797
copies to the coordinated transportation board, the following
2798
information:
2799
(a) A copy of all current schedules, route maps, system
2800
map, and fare structure;
2801
(b) A copy of the current charter policy;
2802
(c) A copy of the current charter rates and hour
2803
requirements; and
2804
(d) Required notification time to arrange for a charter.
2805
Section 58. Subsection (4) is added to section 427.0159,
2806
Florida Statutes, to read:
2807
427.0159 Transportation Disadvantaged Trust Fund.--
2808
(4) A purchasing agency may deposit funds into the
2809
Transportation Disadvantaged Trust Fund for the commission to
2810
implement, manage, and administer the purchasing agency's
2811
transportation disadvantaged funds, as defined in s. 427.011(10).
2812
Section 59. Paragraph (b) of subsection (1) and subsection
2813
(2) of section 427.016, Florida Statutes, are amended to read:
2814
427.016 Expenditure of local government, state, and federal
2815
funds for the transportation disadvantaged.--
2816
(1)
2817
(b) Nothing in This subsection does not shall be construed
2818
to limit or preclude a purchasing the Medicaid agency from
2819
establishing maximum fee schedules, individualized reimbursement
2820
policies by provider type, negotiated fees, competitive bidding,
2821
or any other mechanism, including contracting after initial
2822
negotiation with the commission, which that the agency considers
2823
more cost-effective and of comparable or higher quality and
2824
standards than those of the commission efficient and effective
2825
for the purchase of services on behalf of its Medicaid clients if
2826
it has fulfilled the requirements of s. 427.0135(3) or the
2827
procedure for using an alternative provider. State and local
2828
agencies shall not contract for any transportation disadvantaged
2829
services, including Medicaid reimbursable transportation
2830
services, with any community transportation coordinator or
2831
transportation operator that has been determined by the Agency
2832
for Health Care Administration, the Department of Legal Affairs
2833
Medicaid Fraud Control Unit, or any state or federal agency to
2834
have engaged in any abusive or fraudulent billing activities.
2835
(2) Each year, each agency, whether or not it is an ex
2836
officio, nonvoting advisor to a member of the Commission for the
2837
Transportation Disadvantaged, shall identify in the legislative
2838
budget request provided to the Governor for the General
2839
Appropriations Act inform the commission in writing, before the
2840
beginning of each fiscal year, of the specific amount of any
2841
money the agency will allocate allocated for the provision of
2842
transportation disadvantaged services. Additionally, each state
2843
agency shall, by September 15 of each year, provide the
2844
commission with an accounting of the actual amount of funds
2845
expended and the total number of trips purchased.
2846
Section 60. Subsection (1) of section 479.01, Florida
2847
Statutes, is amended to read:
2848
479.01 Definitions.--As used in this chapter, the term:
2849
(1) "Automatic changeable facing" means a facing that which
2850
through a mechanical system is capable of delivering two or more
2851
advertising messages through an automated or remotely controlled
2852
process and shall not rotate so rapidly as to cause distraction
2853
to a motorist.
2854
Section 61. Subsections (1) and (5) of section 479.07,
2855
Florida Statutes, are amended to read:
2856
479.07 Sign permits.--
2858
person may not erect, operate, use, or maintain, or cause to be
2859
erected, operated, used, or maintained, any sign on the State
2860
Highway System outside an urban incorporated area, as defined in
2861
s. 334.03(32), or on any portion of the interstate or federal-aid
2862
primary highway system without first obtaining a permit for the
2863
sign from the department and paying the annual fee as provided in
2864
this section. For purposes of this section, "on any portion of
2865
the State Highway System, interstate, or federal-aid primary
2866
system" shall mean a sign located within the controlled area
2867
which is visible from any portion of the main-traveled way of
2868
such system.
2869
(5)(a) For each permit issued, the department shall furnish
2870
to the applicant a serially numbered permanent metal permit tag.
2871
The permittee is responsible for maintaining a valid permit tag
2872
on each permitted sign facing at all times. The tag shall be
2873
securely attached to the sign facing or, if there is no facing,
2874
on the pole nearest the highway; and it shall be attached in such
2875
a manner as to be plainly visible from the main-traveled way.
2876
Effective July 1, 2011, the tag shall be securely attached to the
2877
upper 50 percent of the pole nearest the highway in a manner as
2878
to be plainly visible from the main-traveled way. The permit will
2879
become void unless the permit tag is properly and permanently
2880
displayed at the permitted site within 30 days after the date of
2881
permit issuance. If the permittee fails to erect a completed sign
2882
on the permitted site within 270 days after the date on which the
2883
permit was issued, the permit will be void, and the department
2884
may not issue a new permit to that permittee for the same
2885
location for 270 days after the date on which the permit became
2886
void.
2887
(b) If a permit tag is lost, stolen, or destroyed, the
2888
permittee to whom the tag was issued may must apply to the
2889
department for a replacement tag. The department shall establish
2890
by rule a service fee for replacement tags in an amount that will
2891
recover the actual cost of providing the replacement tag. Upon
2892
receipt of the application accompanied by the a service fee of
2893
$3, the department shall issue a replacement permit tag.
2894
Alternatively, the permittee may provide its own replacement tag
2895
pursuant to department specifications which the department shall
2896
establish by rule at the time it establishes the service fee for
2897
replacement tags.
2898
Section 62. Section 479.08, Florida Statutes, is amended to
2899
read:
2900
479.08 Denial or revocation of permit.--The department has
2901
the authority to deny or revoke any permit requested or granted
2902
under this chapter in any case in which it determines that the
2903
application for the permit contains knowingly false or knowingly
2904
misleading information. The department may revoke any permit
2905
granted under this chapter in any case where or that the
2906
permittee has violated any of the provisions of this chapter,
2907
unless such permittee, within 30 days after the receipt of notice
2908
by the department, corrects such false or misleading information
2909
and complies with the provisions of this chapter. For the purpose
2910
of this subsection, the notice of violation issued by the
2911
department shall describe in detail the alleged violation. Any
2912
person aggrieved by any action of the department in denying or
2913
revoking a permit under this chapter may, within 30 days after
2914
receipt of the notice, apply to the department for an
2915
administrative hearing pursuant to chapter 120. If a timely
2916
request for hearing has been filed and the department issues a
2917
final order revoking a permit, such revocation shall be effective
2918
30 days after the date of rendition. Except for department action
2919
pursuant to s. 479.107(1), the filing of a timely and proper
2920
notice of appeal shall operate to stay the revocation until the
2921
department's action is upheld.
2922
Section 63. Section 479.156, Florida Statutes, is amended
2923
to read:
2924
479.156 Wall murals.--Notwithstanding any other provision
2925
of this chapter, a municipality or county may permit and regulate
2926
wall murals within areas designated by such government. If a
2927
municipality or county permits wall murals, a wall mural that
2928
displays a commercial message and is within 660 feet of the
2929
nearest edge of the right-of-way within an area adjacent to the
2930
interstate highway system or the federal-aid primary highway
2931
system shall be located in an area that is zoned for industrial
2932
or commercial use and the municipality or county shall establish
2933
and enforce regulations for such areas that, at a minimum, set
2934
forth criteria governing the size, lighting, and spacing of wall
2935
murals consistent with the intent of the Highway Beautification
2936
Act of 1965 and with customary use. Whenever a municipality or
2937
county exercises such control and makes a determination of
2938
customary use, pursuant to 23 U.S.C. s. 131(d), such
2939
determination shall be accepted in lieu of controls in the
2940
agreement between the state and the United States Department of
2941
Transportation, and the Department of Transportation shall notify
2942
the Federal Highway Administration pursuant to the agreement, 23
2943
U.S.C. s. 131(d), and 23 C.F.R. s. 750.706(c). A wall mural that
2944
is subject to municipal or county regulation and the Highway
2945
Beautification Act of 1965 must be approved by the Department of
2946
Transportation and the Federal Highway Administration where
2947
required by federal law and federal regulation pursuant to and
2948
may not violate the agreement between the state and the United
2949
States Department of Transportation and or violate federal
2950
regulations enforced by the Department of Transportation under s.
2951
479.02(1). The existence of a wall mural as defined in s.
2952
479.01(27) shall not be considered in determining whether a sign
2953
as defined in s. 479.01(17), either existing or new, is in
2954
compliance with s. 479.07(9)(a).
2955
Section 64. Subsections (1), (3), (4), and (5) of section
2956
479.261, Florida Statutes, are amended to read:
2957
479.261 Logo sign program.--
2958
(1) The department shall establish a logo sign program for
2959
the rights-of-way of the interstate highway system to provide
2960
information to motorists about available gas, food, lodging, and
2961
camping, attractions, and other services, as approved by the
2962
Federal Highway Administration, at interchanges, through the use
2963
of business logos, and may include additional interchanges under
2964
the program. A logo sign for nearby attractions may be added to
2965
this program if allowed by federal rules.
2966
(a) An attraction as used in this chapter is defined as an
2967
establishment, site, facility, or landmark that which is open a
2968
minimum of 5 days a week for 52 weeks a year; that which charges
2969
an admission for entry; which has as its principal focus family-
2970
oriented entertainment, cultural, educational, recreational,
2971
scientific, or historical activities; and that which is publicly
2972
recognized as a bona fide tourist attraction. However, the
2973
permits for businesses seeking to participate in the attractions
2974
logo sign program shall be awarded by the department annually to
2975
the highest bidders, notwithstanding the limitation on fees in
2976
subsection (5), which are qualified for available space at each
2977
qualified location, but the fees therefor may not be less than
2978
the fees established for logo participants in other logo
2979
categories.
2980
(b) The department shall incorporate the use of RV-friendly
2981
markers on specific information logo signs for establishments
2982
that cater to the needs of persons driving recreational vehicles.
2983
Establishments that qualify for participation in the specific
2984
information logo program and that also qualify as "RV-friendly"
2985
may request the RV-friendly marker on their specific information
2986
logo sign. An RV-friendly marker must consist of a design
2987
approved by the Federal Highway Administration. The department
2988
shall adopt rules in accordance with chapter 120 to administer
2989
this paragraph, including rules setting forth the minimum
2990
requirements that establishments must meet in order to qualify as
2991
RV-friendly. These requirements shall include large parking
2992
spaces, entrances, and exits that can easily accommodate
2993
recreational vehicles and facilities having appropriate overhead
2994
clearances, if applicable.
2995
(c) The department may implement a 3-year rotation-based
2996
logo program providing for the removal and addition of
2997
participating businesses in the program.
2998
(3) Logo signs may be installed upon the issuance of an
2999
annual permit by the department or its agent and payment of a an
3000
application and permit fee to the department or its agent.
3001
(4) The department may contract pursuant to s. 287.057 for
3002
the provision of services related to the logo sign program,
3003
including recruitment and qualification of businesses, review of
3004
applications, permit issuance, and fabrication, installation, and
3005
maintenance of logo signs. The department may reject all
3006
proposals and seek another request for proposals or otherwise
3007
perform the work. If the department contracts for the provision
3008
of services for the logo sign program, the contract must require,
3009
unless the business owner declines, that businesses that
3010
previously entered into agreements with the department to
3011
privately fund logo sign construction and installation be
3012
reimbursed by the contractor for the cost of the signs which has
3013
not been recovered through a previously agreed upon waiver of
3014
fees. The contract also may allow the contractor to retain a
3015
portion of the annual fees as compensation for its services.
3016
(5) Permit fees for businesses that participate in the
3017
program must be established in an amount sufficient to offset the
3018
total cost to the department for the program, including contract
3019
costs. The department shall provide the services in the most
3020
efficient and cost-effective manner through department staff or
3021
by contracting for some or all of the services. The department
3022
shall adopt rules that set reasonable rates based upon factors
3023
such as population, traffic volume, market demand, and costs for
3024
annual permit fees. However, annual permit fees for sign
3025
locations inside an urban area, as defined in s. 334.03(32), may
3026
not exceed $5,000 and annual permit fees for sign locations
3027
outside an urban area, as defined in s. 334.03(32), may not
3028
exceed $2,500. After recovering program costs, the proceeds from
3029
the logo program shall be deposited into the State Transportation
3030
Trust Fund and used for transportation purposes. Such annual
3031
permit fee shall not exceed $1,250.
3032
Section 65. Section 212.0606, Florida Statutes, is amended
3033
to read:
3034
212.0606 Rental car surcharge; discretionary local rental
3035
car surcharge.--
3036
(1) A surcharge of $2 $2.00 per day or any part of a day is
3037
imposed upon the lease or rental of a motor vehicle licensed for
3038
hire and designed to carry fewer less than nine passengers,
3039
regardless of whether such motor vehicle is licensed in Florida.
3040
The surcharge applies to only the first 30 days of the term of
3041
any lease or rental and. The surcharge is subject to all
3042
applicable taxes imposed by this chapter.
3043
(2)(a) Notwithstanding s. the provisions of section 212.20,
3044
and less costs of administration, 80 percent of the proceeds of
3045
the this surcharge imposed under subsection (1) shall be
3046
deposited in the State Transportation Trust Fund, 15.75 percent
3047
of the proceeds of this surcharge shall be deposited in the
3048
Tourism Promotional Trust Fund created in s. 288.122, and 4.25
3049
percent of the proceeds of this surcharge shall be deposited in
3050
the Florida International Trade and Promotion Trust Fund. As used
3051
in For the purposes of this subsection, "proceeds" of the
3052
surcharge means all funds collected and received by the
3053
department under subsection (1) this section, including interest
3054
and penalties on delinquent surcharges. The department shall
3055
provide the Department of Transportation rental car surcharge
3056
revenue information for the previous state fiscal year by
3057
September 1 of each year.
3058
(b) Notwithstanding any other provision of law, in fiscal
3059
year 2007-2008 and each year thereafter, the proceeds deposited
3060
in the State Transportation Trust Fund shall be allocated on an
3061
annual basis in the Department of Transportation's work program
3062
to each department district, except the Turnpike District. The
3063
amount allocated for each district shall be based upon the amount
3064
of proceeds attributed to the counties within each respective
3065
district.
3066
(3)(a) In addition to the surcharge imposed under
3067
subsection (1), each county containing an international airport
3068
may levy a discretionary local surcharge pursuant to county
3069
ordinance and subject to approval by a majority vote of the
3070
electorate of the county voting in a referendum on the local
3071
surcharge of $2 per day, or any part of a day, upon the lease or
3072
rental, originating at an international airport, of a motor
3073
vehicle licensed for hire and designed to carry fewer than nine
3074
passengers, regardless of whether such motor vehicle is licensed
3075
in this state. The surcharge may be applied to only the first 30
3076
days of the term of the lease or rental and is subject to all
3077
applicable taxes imposed by this chapter.
3078
(b) If the ordinance authorizing the imposition of the
3079
surcharge is approved by such referendum, a certified copy of the
3080
ordinance shall be furnished by the county to the department
3081
within 10 days after such approval, but no later than November 16
3082
prior to the effective date. The notice must specify the time
3083
period during which the surcharge will be in effect and must
3084
include a copy of the ordinance and such other information as the
3085
department requires by rule. Failure to timely provide such
3086
notification to the department shall result in delay of the
3087
effective date for a period of 1 year. The effective date for any
3088
county to impose the surcharge shall be January 1 following the
3089
year in which the ordinance was approved by referendum. A local
3090
surcharge may not terminate on a date other than December 31.
3091
(c) Any dealer that collects the local surcharge but fails
3092
to report surcharge collections by county, as required by
3093
paragraph (4)(b), shall have the surcharge proceeds deposited
3094
into the Solid Waste Management Trust Fund and then transferred
3095
to the Local Option Fuel Tax Trust Fund, which is separate from
3096
the county surcharge collection accounts. The department shall
3097
distribute funds in this account, less the cost of
3098
administration, using a distribution factor determined for each
3099
county that levies a surcharge based on the county's latest
3100
official population determined pursuant to s. 186.901 and
3101
multiplied by the amount of funds in the account and available
3102
for distribution.
3103
(d) Notwithstanding s. 212.20, and less the costs of
3104
administration, the proceeds of the local surcharge imposed under
3105
paragraph (a) shall be transferred to the Local Option Fuel Tax
3106
Trust Fund and distributed monthly by the department under s.
3107
336.025(3)(a)1. or (4)(a) and used solely for costs associated
3108
with the construction, reconstruction, operation, maintenance,
3109
and repair of facilities under a commuter rail service program
3110
provided by the state or other governmental entity. As used in
3111
this subsection, "proceeds" of the local surcharge means all
3112
funds collected and received by the department under this
3113
subsection, including interest and penalties on delinquent
3114
surcharges.
3115
(4)(3)(a) Except as provided in this section, the
3116
department shall administer, collect, and enforce the surcharge
3117
and local surcharge as provided in this chapter.
3118
(b) The department shall require dealers to report
3119
surcharge collections according to the county to which the
3120
surcharge and local surcharge was attributed. For purposes of
3121
this section, the surcharge and local surcharge shall be
3122
attributed to the county where the rental agreement was entered
3123
into.
3124
(c) Dealers who collect a the rental car surcharge shall
3125
report to the department all surcharge and local surcharge
3126
revenues attributed to the county where the rental agreement was
3127
entered into on a timely filed return for each required reporting
3128
period. The provisions of this chapter which apply to interest
3129
and penalties on delinquent taxes shall apply to the surcharge
3130
and local surcharge. The surcharge and local surcharge shall not
3131
be included in the calculation of estimated taxes pursuant to s.
3133
to any amount collected under this section.
3134
(5)(4) The surcharge and any local surcharge imposed by
3135
this section does not apply to a motor vehicle provided at no
3136
charge to a person whose motor vehicle is being repaired,
3137
adjusted, or serviced by the entity providing the replacement
3138
motor vehicle.
3139
Section 66. Subsections (8), (9), (10), (11), (12), (13),
3140
and (14) are added to section 341.301, Florida Statutes, to read:
3143
(8) "Commuter rail passenger" or "passengers" means and
3144
includes any and all persons, ticketed or unticketed, using the
3145
commuter rail service on a department owned rail corridor:
3146
(a) On board trains, locomotives, rail cars, or rail
3147
equipment employed in commuter rail service or entraining and
3148
detraining therefrom;
3149
(b) On or about the rail corridor for any purpose related
3150
to the commuter rail service, including, without limitation,
3151
parking, inquiring about commuter rail service or purchasing
3152
tickets therefor, and coming to, waiting for, leaving from, or
3153
observing trains, locomotives, rail cars, or rail equipment; or
3154
(c) Meeting, assisting, or in the company of any person
3155
described in paragraph (a) or paragraph (b).
3156
(9) "Commuter rail service" means the transportation of
3157
commuter rail passengers and other passengers by rail pursuant to
3158
a rail program provided by the department or any other
3159
governmental entities.
3160
(10) "Rail corridor invitee" means and includes any and all
3161
persons who are on or about a department-owned rail corridor:
3162
(a) For any purpose related to any ancillary development
3163
thereon; or
3164
(b) Meeting, assisting, or in the company of any person
3165
described in paragraph (a).
3166
(11) "Rail corridor" means a linear contiguous strip of
3167
real property that is used for rail service. The term includes
3168
the corridor and structures essential to the operation of a
3169
railroad, including the land, structures, improvements, rights-
3170
of-way, easements, rail lines, rail beds, guideway structures,
3171
switches, yards, parking facilities, power relays, switching
3172
houses, rail stations, ancillary development, and any other
3173
facilities or equipment used for the purposes of construction,
3174
operation, or maintenance of a railroad that provides rail
3175
service.
3176
(12) "Railroad operations" means the use of the rail
3177
corridor to conduct commuter rail service, intercity rail
3178
passenger service, or freight rail service.
3179
(13) "Ancillary development" includes any lessee or
3180
licensee of the department, including, but not limited to, other
3181
governmental entities, vendors, retailers, restaurateurs, or
3182
contract service providers, within a department-owned rail
3183
corridor, except for providers of commuter rail service,
3184
intercity rail passenger service, or freight rail service.
3185
(14) "Governmental entity" or "entities" means as defined
3187
Section 67. Present subsection (17) of Section 341.302,
3188
Florida Statutes, is redesignated as subsection (19) and new
3189
subsections (17) and (18) are added to that section, to read:
3190
341.302 Rail program, duties and responsibilities of the
3191
department.--The department, in conjunction with other
3192
governmental entities units and the private sector, shall develop
3193
and implement a rail program of statewide application designed to
3194
ensure the proper maintenance, safety, revitalization, and
3195
expansion of the rail system to assure its continued and
3196
increased availability to respond to statewide mobility needs.
3197
Within the resources provided pursuant to chapter 216, and as
3198
authorized under federal law Title 49 C.F.R. part 212, the
3199
department shall:
3200
(17) The department is authorized to purchase the required
3201
right-of-way, improvements, and appurtenances of the A-Line rail
3202
corridor from CSX Transportation, Inc., for a maximum purchase
3203
price of $450 million for the primary purpose of implementing
3204
commuter rail service in what is commonly identified as the
3205
Central Florida Rail Corridor, and consisting of an approximately
3206
61.5-mile section of the existing A-Line rail corridor running
3207
from a point at or near Deland, Florida to a point at or near
3208
Poinciana, Florida.
3209
(18) Prior to operation of commuter rail in Central
3210
Florida, CSX and the department shall enter into a written
3211
agreement with the labor unions which will protect the interests
3212
of the employees who could be adversely affected.
3213
(19) In conjunction with the acquisition, ownership,
3214
construction, operation, maintenance, and management of a rail
3215
corridor, the department shall have the authority to:
3216
(a) Assume the obligation by contract to forever protect,
3217
defend, and indemnify and hold harmless the freight rail
3218
operator, or its successors, from whom the department has
3219
acquired a real property interest in the rail corridor, and that
3220
freight rail operator's officers, agents, and employees, from and
3221
against any liability, cost, and expense including, but not
3222
limited to, commuter rail passengers, rail corridor invitees, and
3223
trespassers in the rail corridor, regardless of whether the loss,
3224
damage, destruction, injury, or death giving rise to any such
3225
liability, cost, or expense is caused in whole or in part and to
3226
whatever nature or degree by the fault, failure, negligence,
3227
misconduct, nonfeasance, or misfeasance of such freight rail
3228
operator, its successors, or its officers, agents, and employees,
3229
or any other person or persons whomsoever, provided that such
3230
assumption of liability of the department by contract shall not
3231
in any instance exceed the following parameters of allocation of
3232
risk:
3233
1. The department may be solely responsible for any loss,
3234
injury, or damage to commuter rail passengers, rail corridor
3235
invitees, or trespassers, regardless of circumstances or cause,
3236
subject to subparagraphs 2., 3., and 4.
3237
2. When only one train is involved in an incident, the
3238
department may be solely responsible for any loss, injury, or
3239
damage if the train is a department train or other train pursuant
3240
to subparagraph 3., but only if in an instance when only a
3241
freight rail operator train is involved the freight rail operator
3242
is solely responsible for any loss, injury, or damage, except for
3243
commuter rail passengers, rail corridor invitees, and
3244
trespassers, and the freight rail operator is solely responsible
3245
for its property and all of its people in any instance when its
3246
train is involved in an incident.
3247
3. For the purposes of this subsection, any train involved
3248
in an incident that is neither the department's train nor the
3249
freight rail operator's train, hereinafter referred to in this
3250
subsection as an "other train," may be treated as a department
3251
train, solely for purposes of any allocation of liability between
3252
the department and the freight rail operator only, but only if
3253
the department and the freight rail operator share responsibility
3254
equally as to third parties outside the rail corridor who incur
3255
loss, injury, or damage as a result of any incident involving
3256
both a department train and a freight rail operator train, and
3257
the allocation as between the department and the freight rail
3258
operator, regardless of whether the other train is treated as a
3259
department train, shall remain one-half each as to third parties
3260
outside the rail corridor who incur loss, injury, or damage as a
3261
result of the incident, and the involvement of any other train
3262
shall not alter the sharing of equal responsibility as to third
3263
parties outside the rail corridor who incur loss, injury, or
3264
damage as a result of the incident.
3265
4. When more than one train is involved in an incident:
3266
a. If only a department train and a freight rail operator's
3267
train, or only another train as described in subparagraph 3. and
3268
a freight rail operator's train, are involved in an incident, the
3269
department may be responsible for its property and all of its
3270
people, all commuter rail passengers, rail corridor invitees, and
3271
trespassers, but only if the freight rail operator is responsible
3272
for its property and all of its people, and the department and
3273
the freight rail operator share responsibility one-half each as
3274
to third parties outside the rail corridor who incur loss,
3275
injury, or damage as a result of the incident.
3276
b. If a department train, a freight rail operator train,
3277
and any other train are involved in an incident, the allocation
3278
of liability as between the department and the freight rail
3279
operator, regardless of whether the other train is treated as a
3280
department train, shall remain one-half each as to third parties
3281
outside the rail corridor who incur loss, injury, or damage as a
3282
result of the incident; the involvement of any other train shall
3283
not alter the sharing of equal responsibility as to third parties
3284
outside the rail corridor who incur loss, injury, or damage as a
3285
result of the incident; and, if the owner, operator, or insurer
3286
of the other train makes any payment to injured third parties
3287
outside the rail corridor who incur loss, injury, or damage as a
3288
result of the incident, the allocation of credit between the
3289
department and the freight rail operator as to such payment shall
3290
not in any case reduce the freight rail operator's third party
3291
sharing allocation of one-half under this paragraph to less than
3292
one-third of the total third party liability.
3293
5. Any such contractual duty to protect, defend, indemnify,
3294
and hold harmless such a freight rail operator shall expressly
3295
include a specific cap on the amount of the contractual duty,
3296
which amount shall not exceed $200 million without prior
3297
legislative approval; require the department to purchase
3298
liability insurance and establish a self-insurance retention fund
3299
in the amount of the specific cap established under this
3300
paragraph; provide that no such contractual duty shall in any
3301
case be effective nor otherwise extend the department's liability
3302
in scope and effect beyond the contractual liability insurance
3303
and self-insurance retention fund required pursuant to this
3304
paragraph; and provide that the freight rail operator's
3305
compensation to the department for future use of the department's
3306
rail corridor shall include a monetary contribution to the cost
3307
of such liability coverage for the sole benefit of the freight
3308
rail operator.
3309
(b) Purchase liability insurance which amount shall not
3310
exceed $250 million and establish a self-insurance retention fund
3311
for the purpose of paying the deductible limit established in the
3312
insurance policies it may obtain, including coverage for the
3313
department, any freight rail operator as described in paragraph
3314
(a), commuter rail service providers, governmental entities, or
3315
ancillary development; however, the insureds shall pay a
3316
reasonable monetary contribution to the cost of such liability
3317
coverage for the sole benefit of the insured. Such insurance and
3318
self-insurance retention fund may provide coverage for all
3319
damages, including, but not limited to, compensatory, special,
3320
and exemplary, and be maintained to provide an adequate fund to
3321
cover claims and liabilities for loss, injury, or damage arising
3322
out of or connected with the ownership, operation, maintenance,
3323
and management of a rail corridor.
3324
(c) Incur expenses for the purchase of advertisements,
3325
marketing, and promotional items.
3326
3327
Neither the assumption by contract to protect, defend, indemnify,
3328
and hold harmless; the purchase of insurance; nor the
3329
establishment of a self-insurance retention fund shall be deemed
3330
to be a waiver of any defense of sovereign immunity for torts nor
3331
deemed to increase the limits of the department's or the
3332
governmental entity's liability for torts as provided in s.
3334
purchase of any insurance hereunder. The provisions of this
3335
subsection shall apply and inure fully as to any other
3336
governmental entity providing commuter rail service and
3337
constructing, operating, maintaining, or managing a rail corridor
3338
on publicly owned right-of-way under contract by the governmental
3339
entity with the department or a governmental entity designated by
3340
the department.
3341
Section 68. Paragraph (d) of subsection (10) of section
3342
768.28, Florida Statutes, is amended to read:
3343
768.28 Waiver of sovereign immunity in tort actions;
3344
recovery limits; limitation on attorney fees; statute of
3345
limitations; exclusions; indemnification; risk management
3346
programs.--
3347
(10)
3348
(d) For the purposes of this section, operators,
3349
dispatchers, and providers of security for rail services and rail
3350
facility maintenance providers in the South Florida Rail Corridor
3351
or the Central Florida Rail Corridor, or any of their employees
3352
or agents, performing such services under contract with and on
3353
behalf of the South Florida Regional Transportation Authority or
3354
the Department of Transportation shall be considered agents of
3355
the state while acting within the scope of and pursuant to
3356
guidelines established in the said contract or by rule; provided,
3357
however, that the state, for itself, the Department of
3358
Transportation, and such agents, hereby waives sovereign immunity
3359
for liability for torts within the limits of insurance and self
3360
insurance coverage provided for each rail corridor, which
3361
coverage shall not be less than $250 million per year aggregate
3362
coverage per corridor with limits of not less than $250,000 per
3363
person and $500,000 per incident or occurrence. Notwithstanding
3364
subsection (8), an attorney may charge, demand, receive, or
3365
collect, for services rendered, fees up to 40 percent of any
3366
judgment or settlement related to the South Florida Rail Corridor
3367
or the Central Florida Rail Corridor. This subsection shall not
3368
be construed as designating persons providing contracted
3369
operator, dispatcher, security officer, rail facility
3370
maintenance, or other services as employees or agents for the
3371
state for purposes of the Federal Employers Liability Act, the
3372
Federal Railway Labor Act, or chapter 440.
3373
Section 69. Notwithstanding any provision of chapter 74-
3374
400, Laws of Florida, public funds may be used for the alteration
3375
of Old Cutler Road, between Southwest 136th Street and Southwest
3376
184th Street, in the Village of Palmetto Bay.
3377
(1) The alteration may include the installation of
3378
sidewalks, curbing, and landscaping to enhance pedestrian access
3379
to the road.
3380
(2) The official approval of the project by the Department
3381
of State must be obtained before any alteration is started.
3382
Section 70. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.