ENROLLED

2008 LegislatureCS for CS for SB 682, 1st Engrossed

2008682er

An act relating to the Department of Transportation;

requiring the department to conduct a study of

transportation alternatives for the Interstate 95

corridor; amending s. 20.23, F.S.; providing for the

salary and benefits of the executive director of the

Florida Transportation Commission to be set in accordance

with the Senior Management Service; amending s. 125.42,

F.S.; providing for counties to incur certain costs

related to relocation or removal of certain utility

facilities under specified circumstances; amending s.

163.3177, F.S.; revising requirements for comprehensive

plans; providing a timeframe for submission of certain

information to the state land planning agency; providing

for airports, land adjacent to airports, and certain

interlocal agreements relating thereto in certain elements

of the plan; amending s. 163.3178, F.S.; providing that

certain port-related facilities are not developments of

regional impact under certain circumstances; amending s.

163.3182, F.S., relating to transportation concurrency

backlog authorities; providing legislative findings and

declarations; expanding the power of authorities to borrow

money to include issuing certain debt obligations;

providing a maximum maturity date for certain debt

incurred to finance or refinance certain transportation

concurrency backlog projects; authorizing authorities to

continue operations and administer certain trust funds for

the period of the remaining outstanding debt; requiring

local transportation concurrency backlog trust funds to

continue to be funded for certain purposes; providing for

increased ad valorem tax increment funding for such trust

funds under certain circumstances; revising provisions for

dissolution of an authority; amending s. 287.055, F.S.;

conforming a cross-reference; amending s. 316.0741, F.S.;

redefining the term "hybrid vehicle"; authorizing the

driving of a hybrid, low-emission, or energy-efficient

vehicle in a high-occupancy-vehicle lane regardless of

occupancy; requiring certain vehicles to comply with

specified federal standards to be driven in an HOV lane

regardless of occupancy; revising provisions for issuance

of a decal and certificate; providing for the Department

of Highway Safety and Motor Vehicles to limit or

discontinue issuance of decals for the use of HOV

facilities by hybrid and low-emission and energy-efficient

vehicles under certain circumstances; directing the

department to review a specified federal rule and make a

report to the Legislature; exempting certain vehicles from

the payment of certain tolls; amending s. 316.193, F.S.;

revising the prohibition against driving under the

influence of alcohol; revising the blood-alcohol or

breath-alcohol level at which certain penalties apply;

revising requirement for placement of an ignition

interlock device; amending s. 316.302, F.S.; revising

references to rules, regulations, and criteria governing

commercial motor vehicles engaged in intrastate commerce;

providing that the department performs duties assigned to

the Field Administrator of the Federal Motor Carrier

Safety Administration under the federal rules and may

enforce those rules; amending ss. 316.613 and 316.614,

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

purposes of child restraint and safety belt usage

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

prohibition against a judge accepting a plea to a lesser

offense from a person charged under certain DUI

provisions; revising the blood-alcohol or breath-alcohol

level at which the prohibition applies; amending s.

322.64, F.S.; providing that refusal to submit to a

breath, urine, or blood test disqualifies a person from

operating a commercial motor vehicle; providing a period

of disqualification if a person has an unlawful blood-

alcohol or breath-alcohol level; providing for issuance of

a notice of disqualification; revising the requirements

for a formal review hearing following a person's

disqualification from operating a commercial motor

vehicle; providing that a county, municipality, or special

district may not own or operate an asphalt plant or a

portable or stationary concrete batch plant having an

independent mixer; provides exemptions; amending s.

337.0261, F.S.; revising the sunset date for the Strategic

Aggregate Review Task Force; amending s. 337.11, F.S.;

providing for the department to pay a portion of certain

proposal development costs; requiring the department to

advertise certain contracts as design-build contracts;

amending ss. 337.14 and 337.16, F.S.; conforming cross-

references; amending s. 337.18, F.S.; requiring the

contractor to maintain a copy of the required payment and

performance bond at certain locations and provide a copy

upon request; providing that a copy may be obtained

directly from the department; removing a provision

requiring a copy be recorded in the public records of the

county; amending s. 337.185, F.S.; providing for the State

Arbitration Board to arbitrate certain claims relating to

maintenance contracts; providing for a member of the board

to be elected by maintenance companies as well as

construction companies; amending s. 337.403, F.S.;

providing for the department or local governmental entity

to pay certain costs of removal or relocation of a utility

facility that is found to be interfering with the use,

maintenance, improvement, extension, or expansion of a

100

public road or publicly owned rail corridor under

101

described circumstances; amending s. 337.408, F.S.;

102

providing for public pay telephones and advertising

103

thereon to be installed within the right-of-way limits of

104

any municipal, county, or state road; amending s. 338.01,

105

F.S.; requiring new and replacement electronic toll

106

collection systems to be interoperable with the

107

department's system; amending s. 338.165, F.S.; providing

108

that provisions requiring the continuation of tolls

109

following the discharge of bond indebtedness does not

110

apply to high-occupancy toll lanes or express lanes;

111

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

112

request that bonds be issued which are secured by toll

113

revenues from high-occupancy toll or express lanes in a

114

specified location; providing for the department to

115

continue to collect tolls after discharge of indebtedness;

116

authorizing the use of excess toll revenues for

117

improvements to the State Highway System; authorizing the

118

implementation of variable rate tolls on high-occupancy

119

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

120

directing the Florida Turnpike Enterprise to implement new

121

technologies and processes in its operations and

122

collection of tolls and other amounts; providing contract

123

bid requirements for fuel and food on the turnpike system;

124

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

125

amending s. 338.231, F.S.; revising provisions for

126

establishing and collecting tolls; authorizing collection

127

of amounts to cover costs of toll collection and payment

128

methods; requiring public notice and hearing; amending s.

129

339.12, F.S.; revising requirements for aid and

130

contributions by governmental entities for transportation

131

projects; revising limits under which the department may

132

enter into an agreement with a county for a project or

133

project phase not in the adopted work program; authorizing

134

the department to enter into certain long-term repayment

135

agreements; amending s. 339.135, F.S.; revising certain

136

notice provisions that require the Department of

137

Transportation to notify local governments regarding

138

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

139

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

140

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

141

relating to the small county road assistance program;

142

providing for resumption of certain funding for the

143

program; revising the criteria for counties eligible to

144

participate in the program; amending ss. 339.2819 and

145

339.285, F.S.; conforming cross-references; repealing part

146

III of ch. 343 F.S.; abolishing the Tampa Bay Commuter

147

Transit Authority; amending s. 348.0003, F.S.; providing

148

for financial disclosure for expressway, transportation,

149

bridge, and toll authorities; amending s. 348.0004, F.S.;

150

providing for certain expressway authorities to index toll

151

rate increases; amending s. 479.01, F.S.; revising

152

provisions for outdoor advertising; revising the

153

definition of the term "automatic changeable facing";

154

amending s. 479.07, F.S.; revising a prohibition against

155

signs on the State Highway System; revising requirements

156

for display of the sign permit tag; directing the

157

department to establish by rule a fee for furnishing a

158

replacement permit tag; revising the pilot project for

159

permitted signs to include Hillsborough County and areas

160

within the boundaries of the City of Miami; amending s.

161

479.08, F.S.; revising provisions for denial or revocation

162

of a sign permit; amending s. 479.156, F.S.; modifying

163

local government control of the regulation of wall murals

164

adjacent to certain federal highways; amending s. 479.261,

165

F.S.; revising requirements for the logo sign program of

166

the interstate highway system; deleting provisions

167

providing for permits to be awarded to the highest

168

bidders; requiring the department to implement a rotation-

169

based logo program; requiring the department to adopt

170

rules that set reasonable rates based on certain factors

171

for annual permit fees; requiring that such fees not

172

exceed a certain amount for sign locations inside and

173

outside an urban area; creating a business partnership

174

pilot program; authorizing the Palm Beach County School

175

District to display names of business partners on district

176

property in unincorporated areas; exempting the program

177

from specified provisions; authorizing the expenditure of

178

public funds for certain alterations of Old Cutler Road in

179

the Village of Palmetto Bay; requiring the official

180

approval of the Department of State before any alterations

181

may begin; amending s. 120.52, F.S.; revising a

182

definition; directing the Department of Transportation to

183

establish an approved transportation methodology for

184

certain purpose; providing requirements; providing

185

effective dates.

186

187

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

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189

Section 1. The Department of Transportation, in

190

consultation with the Department of Law Enforcement, the Division

191

of Emergency Management of the Department of Community Affairs,

192

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

193

regional planning councils within whose jurisdictional area the

194

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

195

alternatives for the travel corridor parallel to Interstate 95

196

which takes into account the transportation, emergency

197

management, homeland security, and economic development needs of

198

the state. The report must include identification of cost-

199

effective measures that may be implemented to alleviate

200

congestion on Interstate 95, facilitate emergency and security

201

responses, and foster economic development. The Department of

202

Transportation shall send the report to the Governor, the

203

President of the Senate, the Speaker of the House of

204

Representatives, and each affected metropolitan planning

205

organization by June 30, 2009.

206

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

207

20.23, Florida Statutes, is amended to read:

208

20.23 Department of Transportation.--There is created a

209

Department of Transportation which shall be a decentralized

210

agency.

211

(2)

212

(h) The commission shall appoint an executive director and

213

assistant executive director, who shall serve under the

214

direction, supervision, and control of the commission. The

215

executive director, with the consent of the commission, shall

216

employ such staff as are necessary to perform adequately the

217

functions of the commission, within budgetary limitations. All

218

employees of the commission are exempt from part II of chapter

219

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

220

and benefits of the executive director shall be set in accordance

221

with the Senior Management Service. The salaries and benefits of

222

all other employees of the commission shall be set in accordance

223

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

224

commission has shall have complete authority for fixing the

225

salary of the executive director and assistant executive

226

director.

227

Section 3. Subsection (5) of section 125.42, Florida

228

Statutes, is amended to read:

229

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

230

and television lines along county roads and highways.--

231

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

232

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

233

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

234

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

235

s. 337.403(1)(e).

236

Section 4. Paragraphs (a), (h), and (j) of subsection (6)

237

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

238

163.3177 Required and optional elements of comprehensive

239

plan; studies and surveys.--

240

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

241

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

242

elements:

243

(a) A future land use plan element designating proposed

244

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

245

land for residential uses, commercial uses, industry,

246

agriculture, recreation, conservation, education, public

247

buildings and grounds, other public facilities, and other

248

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

249

encouraged to designate rural land stewardship areas, pursuant to

250

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

251

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

252

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

253

in the control and distribution of population densities and

254

building and structure intensities. The proposed distribution,

255

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

256

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

257

supplemented by goals, policies, and measurable objectives. The

258

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

259

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

260

accommodate anticipated growth; the projected population of the

261

area; the character of undeveloped land; the availability of

262

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

263

redevelopment, including the renewal of blighted areas and the

264

elimination of nonconforming uses which are inconsistent with the

265

character of the community; the compatibility of uses on lands

266

adjacent to or closely proximate to military installations; lands

267

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

268

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

269

for job creation, capital investment, and economic development

270

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

271

future land use plan may designate areas for future planned

272

development use involving combinations of types of uses for which

273

special regulations may be necessary to ensure development in

274

accord with the principles and standards of the comprehensive

275

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

276

criteria to be used to achieve the compatibility of adjacent or

277

closely proximate lands with military installations; lands

278

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

279

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

280

the amount of land designated for future planned industrial use

281

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

282

job creation, capital investment, and the necessity to strengthen

283

and diversify the local economies, and shall not be limited

284

solely by the projected population of the rural community. The

285

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

286

possible future municipal incorporation. The land use maps or map

287

series shall generally identify and depict historic district

288

boundaries and shall designate historically significant

289

properties meriting protection. For coastal counties, the future

290

land use element must include, without limitation, regulatory

291

incentives and criteria that encourage the preservation of

292

recreational and commercial working waterfronts as defined in s.

293

342.07. The future land use element must clearly identify the

294

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

295

When delineating the land use categories in which public schools

296

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

297

categories sufficient land proximate to residential development

298

to meet the projected needs for schools in coordination with

299

public school boards and may establish differing criteria for

300

schools of different type or size. Each local government shall

301

include lands contiguous to existing school sites, to the maximum

302

extent possible, within the land use categories in which public

303

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

304

to comply with these school siting requirements will result in

305

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

306

local comprehensive plan, except for plan amendments described in

307

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

308

Amendments proposed by a local government for purposes of

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identifying the land use categories in which public schools are

310

an allowable use are exempt from the limitation on the frequency

311

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

312

element shall include criteria that encourage the location of

313

schools proximate to urban residential areas to the extent

314

possible and shall require that the local government seek to

315

collocate public facilities, such as parks, libraries, and

316

community centers, with schools to the extent possible and to

317

encourage the use of elementary schools as focal points for

318

neighborhoods. For schools serving predominantly rural counties,

319

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

320

agricultural land use category shall be eligible for the location

321

of public school facilities if the local comprehensive plan

322

contains school siting criteria and the location is consistent

323

with such criteria. Local governments required to update or amend

324

their comprehensive plan to include criteria and address

325

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

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330.35 and consistent with provisions in s. 333.02 adjacent or

327

closely proximate lands with existing military installations in

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their future land use plan element shall transmit the update or

329

amendment to the state land planning agency department by June

330

30, 2011 2006.

331

(h)1. An intergovernmental coordination element showing

332

relationships and stating principles and guidelines to be used in

333

the accomplishment of coordination of the adopted comprehensive

334

plan with the plans of school boards, regional water supply

335

authorities, and other units of local government providing

336

services but not having regulatory authority over the use of

337

land, with the comprehensive plans of adjacent municipalities,

338

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

339

comprehensive plan and with the applicable regional water supply

340

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

341

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

342

element of the local comprehensive plan shall demonstrate

343

consideration of the particular effects of the local plan, when

344

adopted, upon the development of adjacent municipalities, the

345

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

346

comprehensive plan, as the case may require.

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a. The intergovernmental coordination element shall provide

348

for procedures to identify and implement joint planning areas,

349

especially for the purpose of annexation, municipal

350

incorporation, and joint infrastructure service areas.

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b. The intergovernmental coordination element shall provide

352

for recognition of campus master plans prepared pursuant to s.

353

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

356

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

357

intergovernmental disputes. A local government may develop and

358

use an alternative local dispute resolution process for this

359

purpose.

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d. The intergovernmental coordination element shall provide

361

for interlocal agreements, as established pursuant to s.

362

333.03(1)(b).

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2. The intergovernmental coordination element shall further

364

state principles and guidelines to be used in the accomplishment

365

of coordination of the adopted comprehensive plan with the plans

366

of school boards and other units of local government providing

367

facilities and services but not having regulatory authority over

368

the use of land. In addition, the intergovernmental coordination

369

element shall describe joint processes for collaborative planning

370

and decisionmaking on population projections and public school

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siting, the location and extension of public facilities subject

372

to concurrency, and siting facilities with countywide

373

significance, including locally unwanted land uses whose nature

374

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

375

adopting their intergovernmental coordination elements, each

376

county, all the municipalities within that county, the district

377

school board, and any unit of local government service providers

378

in that county shall establish by interlocal or other formal

379

agreement executed by all affected entities, the joint processes

380

described in this subparagraph consistent with their adopted

381

intergovernmental coordination elements.

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3. To foster coordination between special districts and

383

local general-purpose governments as local general-purpose

384

governments implement local comprehensive plans, each independent

385

special district must submit a public facilities report to the

386

appropriate local government as required by s. 189.415.

387

4.a. Local governments must execute an interlocal agreement

388

with the district school board, the county, and nonexempt

389

municipalities pursuant to s. 163.31777. The local government

390

shall amend the intergovernmental coordination element to provide

391

that coordination between the local government and school board

392

is pursuant to the agreement and shall state the obligations of

393

the local government under the agreement.

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b. Plan amendments that comply with this subparagraph are

395

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

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5. The state land planning agency shall establish a

397

schedule for phased completion and transmittal of plan amendments

398

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

399

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

400

government may complete and transmit its plan amendments to carry

401

out these provisions prior to the scheduled date established by

402

the state land planning agency. The plan amendments are exempt

403

from the provisions of s. 163.3187(1).

404

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

405

greater than 100,000, and the municipalities and special

406

districts within that county, shall submit a report to the

407

Department of Community Affairs which:

408

a. Identifies all existing or proposed interlocal service

409

delivery agreements regarding the following: education; sanitary

410

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

411

and recreation; and transportation facilities.

412

b. Identifies any deficits or duplication in the provision

413

of services within its jurisdiction, whether capital or

414

operational. Upon request, the Department of Community Affairs

415

shall provide technical assistance to the local governments in

416

identifying deficits or duplication.

417

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

418

Department of Community Affairs shall, through the appropriate

419

regional planning council, coordinate a meeting of all local

420

governments within the regional planning area to discuss the

421

reports and potential strategies to remedy any identified

422

deficiencies or duplications.

423

8. Each local government shall update its intergovernmental

424

coordination element based upon the findings in the report

425

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

426

supporting data and analysis for the intergovernmental

427

coordination element.

428

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

429

area designated for purposes of s. 339.175, a transportation

430

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

431

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

432

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

433

1. Traffic circulation, including major thoroughfares and

434

other routes, including bicycle and pedestrian ways.

435

2. All alternative modes of travel, such as public

436

transportation, pedestrian, and bicycle travel.

437

3. Parking facilities.

438

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

439

facilities, and intermodal terminals.

440

5. The availability of facilities and services to serve

441

existing land uses and the compatibility between future land use

442

and transportation elements.

443

6. The capability to evacuate the coastal population prior

444

to an impending natural disaster.

445

7. Airports, projected airport and aviation development,

446

and land use compatibility around airports that includes areas

447

defined in ss. 333.01 and 333.02.

448

8. An identification of land use densities, building

449

intensities, and transportation management programs to promote

450

public transportation systems in designated public transportation

451

corridors so as to encourage population densities sufficient to

452

support such systems.

453

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

454

334.03, intended for future transportation facilities designated

455

pursuant to s. 337.273. If transportation corridors are

456

designated, the local government may adopt a transportation

457

corridor management ordinance.

458

Section 5. Subsection (3) of section 163.3178, Florida

459

Statutes, is amended to read:

460

163.3178 Coastal management.--

461

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

462

navigation channels, turning basins, harbor berths, and other

463

related inwater harbor facilities of ports listed in s.

464

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

465

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

466

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

467

the Department of Community Affairs and applicable general

468

purpose local government to be port-related industrial or

469

commercial projects located within 3 miles of or in a port master

470

plan area which rely upon the utilization of port and intermodal

471

transportation facilities shall not be developments of regional

472

impact where such expansions, projects, or facilities are

473

consistent with comprehensive master plans that are in compliance

474

with this section.

475

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

476

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

477

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

478

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

479

163.3182 Transportation concurrency backlogs.--

480

(2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG

481

AUTHORITIES.--

482

483

many counties and municipalities areas with significant

484

transportation deficiencies and inadequate transportation

485

facilities; that many such insufficiencies and inadequacies

486

severely limit or prohibit the satisfaction of transportation

487

concurrency standards; that such transportation insufficiencies

488

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

489

residents of such counties and municipalities; that such

490

transportation insufficiencies and inadequacies adversely affect

491

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

492

which such insufficiencies and inadequacies exist; and that the

493

elimination of transportation deficiencies and inadequacies and

494

the satisfaction of transportation concurrency standards are

495

paramount public purposes for the state and its counties and

496

municipalities.

497

(3) POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG

498

AUTHORITY.--Each transportation concurrency backlog authority has

499

the powers necessary or convenient to carry out the purposes of

500

this section, including the following powers in addition to

501

others granted in this section:

502

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

503

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

504

certificates, and similar debt instruments; to apply for and

505

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

506

forms of financial assistance from the Federal Government or the

507

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

508

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

509

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

510

contracts or agreements; and to include in any contracts for

511

financial assistance with the Federal Government for or with

512

respect to a transportation concurrency backlog project and

513

related activities such conditions imposed pursuant to federal

514

laws as the transportation concurrency backlog authority

515

considers reasonable and appropriate and which are not

516

inconsistent with the purposes of this section.

517

(4) TRANSPORTATION CONCURRENCY BACKLOG PLANS.--

518

(a) Each transportation concurrency backlog authority shall

519

adopt a transportation concurrency backlog plan as a part of the

520

local government comprehensive plan within 6 months after the

521

creation of the authority. The plan shall:

522

1. Identify all transportation facilities that have been

523

designated as deficient and require the expenditure of moneys to

524

upgrade, modify, or mitigate the deficiency.

525

2. Include a priority listing of all transportation

526

facilities that have been designated as deficient and do not

527

satisfy concurrency requirements pursuant to s. 163.3180, and the

528

applicable local government comprehensive plan.

529

3. Establish a schedule for financing and construction of

530

transportation concurrency backlog projects that will eliminate

531

transportation concurrency backlogs within the jurisdiction of

532

the authority within 10 years after the transportation

533

concurrency backlog plan adoption. The schedule shall be adopted

534

as part of the local government comprehensive plan.

535

Notwithstanding such schedule requirements, as long as the

536

schedule provides for the elimination of all transportation

537

concurrency backlogs within 10 years after the adoption of the

538

concurrency backlog plan, the final maturity date of any debt

539

incurred to finance or refinance the related projects may be no

540

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

541

authority may continue operations and administer the trust fund

542

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

543

debt remains outstanding.

544

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

545

concurrency backlog authority shall establish a local

546

transportation concurrency backlog trust fund upon creation of

547

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

548

transportation concurrency backlog authority within which a

549

transportation concurrency backlog has been identified. Each

550

local trust fund shall continue to be funded pursuant to this

551

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

552

transportation concurrency backlog plan remain to be completed or

553

until any debt incurred to finance or refinance the related

554

projects are no longer outstanding, whichever occurs later.

555

Beginning in the first fiscal year after the creation of the

556

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

557

of an ad valorem tax increment collected within each

558

transportation concurrency backlog area to be determined annually

559

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

560

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

561

all of the affected taxing authorities agree pursuant to an

562

interlocal agreement, a particular local trust fund may be funded

563

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

564

percent of the difference between the amounts set forth in

565

paragraphs (a) and (b):

566

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

567

taxing authority, exclusive of any amount from any debt service

568

millage, on taxable real property contained within the

569

jurisdiction of the transportation concurrency backlog authority

570

and within the transportation backlog area; and

571

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

572

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

573

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

574

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

575

within the transportation concurrency backlog area as shown on

576

the most recent assessment roll used in connection with the

577

taxation of such property of each taxing authority prior to the

578

effective date of the ordinance funding the trust fund.

579

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

580

concurrency backlog projects and repayment or defeasance of all

581

debt issued to finance or refinance such projects, a

582

transportation concurrency backlog authority shall be dissolved,

583

and its assets and liabilities shall be transferred to the county

584

or municipality within which the authority is located. All

585

remaining assets of the authority must be used for implementation

586

of transportation projects within the jurisdiction of the

587

authority. The local government comprehensive plan shall be

588

amended to remove the transportation concurrency backlog plan.

589

Section 7. Paragraph (c) of subsection (9) of section

590

287.055, Florida Statutes, is amended to read:

591

287.055 Acquisition of professional architectural,

592

engineering, landscape architectural, or surveying and mapping

593

services; definitions; procedures; contingent fees prohibited;

594

penalties.--

595

(9) APPLICABILITY TO DESIGN-BUILD CONTRACTS.--

596

597

Department of Management Services shall adopt rules for the award

598

of design-build contracts to be followed by state agencies. Each

599

other agency must adopt rules or ordinances for the award of

600

design-build contracts. Municipalities, political subdivisions,

601

school districts, and school boards shall award design-build

602

contracts by the use of a competitive proposal selection process

603

as described in this subsection, or by the use of a

604

qualifications-based selection process pursuant to subsections

605

(3), (4), and (5) for entering into a contract whereby the

606

selected firm will, subsequent to competitive negotiations,

607

establish a guaranteed maximum price and guaranteed completion

608

date. If the procuring agency elects the option of

609

qualifications-based selection, during the selection of the

610

design-build firm the procuring agency shall employ or retain a

611

licensed design professional appropriate to the project to serve

612

as the agency's representative. Procedures for the use of a

613

competitive proposal selection process must include as a minimum

614

the following:

615

1. The preparation of a design criteria package for the

616

design and construction of the public construction project.

617

2. The qualification and selection of no fewer than three

618

design-build firms as the most qualified, based on the

619

qualifications, availability, and past work of the firms,

620

including the partners or members thereof.

621

3. The criteria, procedures, and standards for the

622

evaluation of design-build contract proposals or bids, based on

623

price, technical, and design aspects of the public construction

624

project, weighted for the project.

625

4. The solicitation of competitive proposals, pursuant to a

626

design criteria package, from those qualified design-build firms

627

and the evaluation of the responses or bids submitted by those

628

firms based on the evaluation criteria and procedures established

629

prior to the solicitation of competitive proposals.

630

5. For consultation with the employed or retained design

631

criteria professional concerning the evaluation of the responses

632

or bids submitted by the design-build firms, the supervision or

633

approval by the agency of the detailed working drawings of the

634

project; and for evaluation of the compliance of the project

635

construction with the design criteria package by the design

636

criteria professional.

637

6. In the case of public emergencies, for the agency head

638

to declare an emergency and authorize negotiations with the best

639

qualified design-build firm available at that time.

640

Section 8. Section 316.0741, Florida Statutes, is amended

641

to read:

642

316.0741 High-occupancy-vehicle High occupancy vehicle

643

lanes.--

644

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

645

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

646

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

647

vehicles in which there is more than one occupant unless

648

otherwise authorized by federal law.

649

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

650

1. That draws propulsion energy from onboard sources of

651

stored energy which are both an internal combustion or heat

652

engine using combustible fuel and a rechargeable energy-storage

653

system; and

654

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

655

truck, has received a certificate of conformity under the Clean

656

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

657

equivalent qualifying California standards for a low-emission

658

vehicle.

659

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

660

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

661

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

662

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

663

control device.

664

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

665

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

666

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

667

driver who violates this section shall be cited for a moving

668

violation, punishable as provided in chapter 318.

669

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

670

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

671

labeled in accordance with federal regulations may be driven in

672

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

673

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

674

proper federal regulatory agency authorizing such use, a vehicle

675

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

676

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

677

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

678

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

679

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

680

166(f)(3)(B).

681

682

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

683

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

684

energy-efficient vehicles for operation in an HOV lane regardless

685

of occupancy, the Department of Transportation shall review the

686

rule and recommend to the Legislature any statutory changes

687

necessary for compliance with the federal rule. The department

688

shall provide its recommendations no later than 30 days following

689

issuance of the final rule.

690

(5) The department shall issue a decal and registration

691

certificate, to be renewed annually, reflecting the HOV lane

692

designation on such vehicles meeting the criteria in subsection

693

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

694

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

695

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

696

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

697

deposited in the Highway Safety Operating Trust Fund. The

698

department may, for reasons of operation and management of HOV

699

facilities, limit or discontinue issuance of decals for the use

700

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

701

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

702

the Department of Transportation that the facilities are degraded

703

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

704

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

705

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

706

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

707

express lanes in accordance with Department of Transportation

708

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

709

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

710

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

711

means a motor vehicle:

712

(a) That draws propulsion energy from onboard sources of

713

stored energy which are both:

714

1. An internal combustion or heat engine using combustible

715

fuel; and

716

2. A rechargeable energy storage system; and

717

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

718

truck:

719

1. Has received a certificate of conformity under the Clean

720

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

721

2. Meets or exceeds the equivalent qualifying California

722

standards for a low-emission vehicle.

723

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

724

administer this section.

725

Section 9. Subsection (4) of section 316.193, Florida

726

Statutes, is amended to read:

727

316.193 Driving under the influence; penalties.--

728

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

729

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

730

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

731

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

732

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

733

age of 18 years, shall be punished:

734

1.(a) By a fine of:

735

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

736

conviction.

737

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

738

conviction.

739

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

740

conviction.

741

2.(b) By imprisonment for:

742

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

743

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

744

(b) For the purposes of this subsection, only the instant

745

offense is required to be a violation of subsection (1) by a

746

person who has a blood-alcohol level or breath-alcohol level of

747

0.15 0.20 or higher.

748

749

2. paragraphs (a) and (b), the court shall order the mandatory

750

placement, at the convicted person's sole expense, of an ignition

751

interlock device approved by the department in accordance with s.

752

316.1938 upon all vehicles that are individually or jointly

753

leased or owned and routinely operated by the convicted person

754

for not less than up to 6 continuous months for the first offense

755

and for not less than at least 2 continuous years for a second

756

offense, when the convicted person qualifies for a permanent or

757

restricted license. The installation of such device may not occur

758

before July 1, 2003.

759

Section 10. Effective October 1, 2008, paragraph (b) of

760

subsection (1) and subsections (6) and (8) of section 316.302,

761

Florida Statutes, are amended to read:

762

316.302 Commercial motor vehicles; safety regulations;

763

transporters and shippers of hazardous materials; enforcement.--

764

(1)

765

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

766

owners or drivers of commercial motor vehicles that are engaged

767

in intrastate commerce are subject to the rules and regulations

768

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

769

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

770

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

771

2005.

772

(6) The state Department of Transportation shall perform

773

the duties that are assigned to the Field Administrator, Federal

774

Motor Carrier Safety Administration Regional Federal Highway

775

Administrator under the federal rules, and an agent of that

776

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

777

rules.

778

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

779

enforcement officer of the Department of Transportation or duly

780

appointed agent who holds a current safety inspector

781

certification from the Commercial Vehicle Safety Alliance may

782

require the driver of any commercial vehicle operated on the

783

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

784

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

785

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

786

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

787

adjustment, and the continued operation would present an unduly

788

hazardous operating condition, the officer may require the

789

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

790

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

791

corrected. However, if continuous operation would not present an

792

unduly hazardous operating condition, the officer may give

793

written notice requiring correction of the condition within 14

794

days.

795

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

796

enforcement officer employed by a sheriff's office or municipal

797

police department authorized to enforce the traffic laws of this

798

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

799

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

800

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

801

section.

802

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

803

request to submit to an inspection under this subsection commits

804

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

805

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

806

resists the officer with violence.

807

Section 11. Subsection (2) of section 316.613, Florida

808

Statutes, is amended to read:

809

316.613 Child restraint requirements.--

810

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

811

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

812

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

813

does not include:

814

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

815

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

816

compensation, other than a bus regularly used to transport

817

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

818

in conjunction with school activities.

819

820

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

821

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

822

(e) A motorcycle, moped, or bicycle.

823

Section 12. Paragraph (a) of subsection (3) of section

824

316.614, Florida Statutes, is amended to read:

825

316.614 Safety belt usage.--

826

(3) As used in this section:

827

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

828

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

829

highways of this state. The term does not include:

830

1. A school bus.

831

2. A bus used for the transportation of persons for

832

compensation.

833

3. A farm tractor or implement of husbandry.

834

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

835

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

836

5. A motorcycle, moped, or bicycle.

837

Section 13. Paragraph (a) of subsection (2) of section

838

316.656, Florida Statutes, is amended to read:

839

316.656 Mandatory adjudication; prohibition against

840

accepting plea to lesser included offense.--

841

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

842

lesser offense from a person charged under the provisions of this

843

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

844

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

845

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

846

Section 14. Section 322.64, Florida Statutes, is amended to

847

read:

848

322.64 Holder of commercial driver's license; persons

849

operating a commercial motor vehicle; driving with unlawful

850

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

851

test.--

852

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

853

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

854

commercial motor vehicle a person who while operating or in

855

actual physical control of a commercial motor vehicle is arrested

856

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

857

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

858

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

859

arising out of the operation or actual physical control of a

860

commercial motor vehicle. A law enforcement officer or

861

correctional officer shall, on behalf of the department,

862

disqualify the holder of a commercial driver's license from

863

operating any commercial motor vehicle if the licenseholder,

864

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

865

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

866

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

867

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

868

disqualification of the person, the officer shall take the

869

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

870

permit for the operation of noncommercial vehicles only if the

871

person is otherwise eligible for the driving privilege and shall

872

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

873

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

874

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

875

agency employing the officer shall transmit such results to the

876

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

877

department then determines that the person was arrested for a

878

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

879

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

880

shall disqualify the person from operating a commercial motor

881

vehicle pursuant to subsection (3).

882

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

883

pursuant to, and the notice of disqualification shall inform the

884

driver of, the following:

885

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

886

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

887

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

888

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

889

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

890

891

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

892

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

893

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

894

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

895

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

896

year for a first offense or permanently disqualified if his or

897

her driving privilege has been previously disqualified under this

898

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

899

alcohol level and he or she is disqualified from operating a

900

commercial motor vehicle for a period of 6 months for a first

901

offense or for a period of 1 year if he or she has previously

902

been disqualified, or his or her driving privilege has been

903

previously suspended, for a violation of s. 316.193.

904

2. The disqualification period for operating commercial

905

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

906

notice of disqualification, whichever is later.

907

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

908

the disqualification by the department within 10 days after the

909

date of arrest or issuance of the notice of disqualification,

910

whichever is later.

911

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

912

disqualification expires will expire at midnight of the 10th day

913

following the date of disqualification.

914

5. The driver may submit to the department any materials

915

relevant to the disqualification arrest.

916

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

917

enforcement officer shall forward to the department, within 5

918

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

919

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

920

disqualification, the driver's license of the person disqualified

921

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

922

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

923

person disqualified arrested was operating or in actual physical

924

control of a commercial motor vehicle, or holds a commercial

925

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

926

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

927

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

928

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

929

officer or correctional officer and that the person arrested

930

refused to submit; a copy of the notice of disqualification

931

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

932

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

933

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

934

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

935

not affect the department's ability to consider any evidence

936

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

937

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

938

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

939

(3) If the department determines that the person arrested

940

should be disqualified from operating a commercial motor vehicle

941

pursuant to this section and if the notice of disqualification

942

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

943

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

944

the department shall issue a notice of disqualification and,

945

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

946

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

947

driver is otherwise eligible.

948

(4) If the person disqualified arrested requests an

949

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

950

shall conduct the informal review by a hearing officer employed

951

by the department. Such informal review hearing shall consist

952

solely of an examination by the department of the materials

953

submitted by a law enforcement officer or correctional officer

954

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

955

officer or witness is not required.

956

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

957

department's decision sustaining, amending, or invalidating the

958

disqualification must be provided to the person. Such notice must

959

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

960

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

961

enforcement officer's report if such address differs from the

962

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

963

temporary permit issued pursuant to subsection (1) or subsection

964

(3).

965

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

966

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

967

within 30 days after such request is received by the department

968

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

969

hearing.

970

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

971

hearing officer employed by the department, and the hearing

972

officer shall be authorized to administer oaths, examine

973

witnesses and take testimony, receive relevant evidence, issue

974

subpoenas for the officers and witnesses identified in documents

975

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

976

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

977

department and the person disqualified arrested may subpoena

978

witnesses, and the party requesting the presence of a witness

979

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

980

person who requests a formal review hearing fails to appear and

981

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

982

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

983

conduct an informal review of the disqualification under

984

subsection (4).

985

986

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

987

court of the judicial circuit in which the person failing to

988

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

989

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

990

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

991

subpoena is being challenged.

992

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

993

review hearing, send notice to the person of the hearing

994

officer's decision as to whether sufficient cause exists to

995

sustain, amend, or invalidate the disqualification.

996

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

997

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

998

shall determine by a preponderance of the evidence whether

999

sufficient cause exists to sustain, amend, or invalidate the

1000

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

1001

following issues:

1002

(a) If the person was disqualified from operating a

1003

commercial motor vehicle for driving with an unlawful blood-

1004

alcohol level in violation of s. 316.193:

1005

1. Whether the arresting law enforcement officer had

1006

probable cause to believe that the person was driving or in

1007

actual physical control of a commercial motor vehicle, or any

1008

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

1009

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

1010

substances, or controlled substances in his or her body.

1011

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

1012

violation of s. 316.193.

1013

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

1014

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

1015

316.193.

1016

(b) If the person was disqualified from operating a

1017

commercial motor vehicle for refusal to submit to a breath,

1018

blood, or urine test:

1019

1. Whether the law enforcement officer had probable cause

1020

to believe that the person was driving or in actual physical

1021

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

1022

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

1023

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

1024

controlled substances in his or her body.

1025

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

1026

being requested to do so by a law enforcement officer or

1027

correctional officer.

1028

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

1029

submit to such test he or she would be disqualified from

1030

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

1031

in the case of a second refusal, permanently.

1032

(8) Based on the determination of the hearing officer

1033

pursuant to subsection (7) for both informal hearings under

1034

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

1035

department shall:

1036

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

1037

a first refusal, or permanently if such person has been

1038

previously disqualified from operating a commercial motor vehicle

1039

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

1040

disqualification period commences on the date of the arrest or

1041

issuance of the notice of disqualification, whichever is later.

1042

(b) Sustain the disqualification:

1043

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

1044

actual physical control of a commercial motor vehicle, or any

1045

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

1046

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

1047

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

1048

for a period of 1 year

1049

2. Permanently if the person has been previously

1050

disqualified from operating a commercial motor vehicle or his or

1051

her driving privilege has been previously suspended for driving

1052

or being in actual physical control of a commercial motor

1053

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

1054

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

1055

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

1056

of s. 316.193.

1057

1058

The disqualification period commences on the date of the arrest

1059

or issuance of the notice of disqualification, whichever is

1060

later.

1061

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

1062

review hearing shall not stay the disqualification. If the

1063

department fails to schedule the formal review hearing to be held

1064

within 30 days after receipt of the request therefor, the

1065

department shall invalidate the disqualification. If the

1066

scheduled hearing is continued at the department's initiative,

1067

the department shall issue a temporary driving permit limited to

1068

noncommercial vehicles which is shall be valid until the hearing

1069

is conducted if the person is otherwise eligible for the driving

1070

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

1071

and obtained a continuance of the hearing. The permit issued

1072

under this subsection shall authorize driving for business

1073

purposes or employment use only.

1074

(10) A person who is disqualified from operating a

1075

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

1076

is eligible for issuance of a license for business or employment

1077

purposes only under s. 322.271 if the person is otherwise

1078

eligible for the driving privilege. However, such business or

1079

employment purposes license shall not authorize the driver to

1080

operate a commercial motor vehicle.

1081

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

1082

review of the reports of a law enforcement officer or a

1083

correctional officer, including documents relating to the

1084

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

1085

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

1086

driver may subpoena the officer or any person who administered or

1087

analyzed a breath or blood test.

1088

(12) The formal review hearing and the informal review

1089

hearing are exempt from the provisions of chapter 120. The

1090

department is authorized to adopt rules for the conduct of

1091

reviews under this section.

1092

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

1093

sustaining the disqualification from operating a commercial motor

1094

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

1095

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

1096

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

1097

appeal shall not stay the disqualification. This subsection shall

1098

not be construed to provide for a de novo appeal.

1099

(14) The decision of the department under this section

1100

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

1101

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

1102

submitted by a person in his or her request for departmental

1103

review under this section be admissible into evidence against him

1104

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

1105

proceedings shall not affect a disqualification imposed pursuant

1106

to this section.

1107

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

1108

driving privilege pursuant to s. 322.2615. The driving privilege

1109

of a person who has been disqualified from operating a commercial

1110

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

1111

316.193.

1112

Section 15. Notwithstanding any law to the contrary, a

1113

county, municipality, or special district may not own or operate

1114

an asphalt plant or a portable or stationary concrete batch plant

1115

having an independent mixer; however, this prohibition does not

1116

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

1117

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

1118

generated asphalt solely for use by local governments or

1119

company's under contract with local governments for projects

1120

within the boundaries of such county. Sale of plant generated

1121

asphalt to private entities or local governments outside the

1122

boundaries of such county is prohibited.

1123

Section 16. Paragraph (g) of subsection (5) of section

1124

337.0261, Florida Statutes, is amended to read:

1125

337.0261 Construction aggregate materials.--

1126

(5) STRATEGIC AGGREGATES REVIEW TASK FORCE.--

1127

(g) The task force shall be dissolved on June 30, 2009 July

1128

1, 2008.

1129

Section 17. Subsection (7) of section 337.11, Florida

1130

Statutes, is amended to read:

1131

337.11 Contracting authority of department; bids; emergency

1132

repairs, supplemental agreements, and change orders; combined

1133

design and construction contracts; progress payments; records;

1134

requirements of vehicle registration.--

1135

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

1136

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

1137

unsuccessful firms who have submitted responsive proposals for

1138

construction or maintenance contracts. The decision and amount of

1139

a stipend will be based upon department analysis of the estimated

1140

proposal development costs and the anticipated degree of

1141

competition during the procurement process. Stipends shall be

1142

used to encourage competition and compensate unsuccessful firms

1143

for a portion of their proposal development costs. The department

1144

shall retain the right to use ideas from unsuccessful firms that

1145

accept a stipend.

1146

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

1147

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

1148

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

1149

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

1150

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

1151

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

1152

25 percent of the construction contracts which add capacity in

1153

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

1154

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

1155

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

1156

construction activities may not begin on any portion of such

1157

projects for which the department has not yet obtained title to

1158

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

1159

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

1160

governmental entity and all railroad crossing and utility

1161

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

1162

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

1163

dedicated to the public or acquired by prescription.

1164

(b) The department shall adopt by rule procedures for

1165

administering design-build contracts. Such procedures shall

1166

include, but not be limited to:

1167

1. Prequalification requirements.

1168

2. Public announcement procedures.

1169

3. Scope of service requirements.

1170

4. Letters of interest requirements.

1171

5. Short-listing criteria and procedures.

1172

6. Bid proposal requirements.

1173

7. Technical review committee.

1174

8. Selection and award processes.

1175

9. Stipend requirements.

1176

Section 18. Subsection (7) of section 337.14, Florida

1177

Statutes, is amended to read:

1178

337.14 Application for qualification; certificate of

1179

qualification; restrictions; request for hearing.--

1180

(7) No "contractor" as defined in s. 337.165(1)(d) or his

1181

or her "affiliate" as defined in s. 337.165(1)(a) qualified with

1182

the department under this section may also qualify under s.

1183

287.055 or s. 337.105 to provide testing services, construction,

1184

engineering, and inspection services to the department. This

1185

limitation shall not apply to any design-build prequalification

1186

under s. 337.11(8)(7).

1187

Section 19. Paragraph (a) of subsection (2) of section

1188

337.16, Florida Statutes, is amended to read:

1189

337.16 Disqualification of delinquent contractors from

1190

bidding; determination of contractor nonresponsibility; denial,

1191

suspension, and revocation of certificates of qualification;

1192

grounds; hearing.--

1193

(2) For reasons other than delinquency in progress, the

1194

department, for good cause, may determine any contractor not

1195

having a certificate of qualification nonresponsible for a

1196

specified period of time or may deny, suspend, or revoke any

1197

certificate of qualification. Good cause includes, but is not

1198

limited to, circumstances in which a contractor or the

1199

contractor's official representative:

1200

(a) Makes or submits to the department false, deceptive, or

1201

fraudulent statements or materials in any bid proposal to the

1202

department, any application for a certificate of qualification,

1203

any certification of payment pursuant to s. 337.11(11)(10), or

1204

any administrative or judicial proceeding;

1205

Section 20. Paragraph (b) of subsection (1) of section

1206

337.18 is amended to read:

1207

337.18 Surety bonds for construction or maintenance

1208

contracts; requirement with respect to contract award; bond

1209

requirements; defaults; damage assessments.--

1210

(1)

1211

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

1212

contractor shall maintain a copy of the payment and performance

1213

bond required under this section at its principal place of

1214

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

1215

the contractor shall provide a copy of the payment and

1216

performance bond within 5 days after receipt of any written

1217

request therefor. A copy of the payment and performance bond

1218

required under this section may also be obtained directly from

1219

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

1220

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

1221

the contract, the contractor shall record in the public records

1222

of the county where the improvement is located the payment and

1223

performance bond required under this section. A claimant shall

1224

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

1225

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

1226

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

1227

department in any expense.

1228

Section 21. Subsections (1), (2), and (7) of section

1229

337.185, Florida Statutes, are amended to read:

1230

337.185 State Arbitration Board.--

1231

(1) To facilitate the prompt settlement of claims for

1232

additional compensation arising out of construction and

1233

maintenance contracts between the department and the various

1234

contractors with whom it transacts business, the Legislature does

1235

hereby establish the State Arbitration Board, referred to in this

1236

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

1237

shall mean the aggregate of all outstanding claims by a party

1238

arising out of a construction or maintenance contract. Every

1239

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

1240

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

1241

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

1242

cannot be resolved by negotiation between the department and the

1243

contractor shall be arbitrated by the board after acceptance of

1244

the project by the department. As an exception, either party to

1245

the dispute may request that the claim be submitted to binding

1246

private arbitration. A court of law may not consider the

1247

settlement of such a claim until the process established by this

1248

section has been exhausted.

1249

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

1250

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

1251

member shall be elected by those construction or maintenance

1252

companies who are under contract with the department. The third

1253

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

1254

Whenever the third member has a conflict of interest regarding

1255

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

1256

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

1257

department may select an alternative or substitute to serve as

1258

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

1259

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

1260

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

1261

records.

1262

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

1263

the performance of their duties hereunder, from administrative

1264

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

1265

department may receive compensation from the board. The

1266

compensation amount shall be determined by the board, but shall

1267

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

1268

each member authorized to receive compensation. Nothing in this

1269

section shall prevent the member elected by construction or

1270

maintenance companies from being an employee of an association

1271

affiliated with the industry, even if the sole responsibility of

1272

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

1273

industry member may be paid by an industry association, if

1274

necessary. The board may allocate funds annually for clerical and

1275

other administrative services.

1276

Section 22. Subsection (1) of section 337.403, Florida

1277

Statutes, is amended to read:

1278

337.403 Relocation of utility; expenses.--

1279

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

1280

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

1281

that is found by the authority to be unreasonably interfering in

1282

any way with the convenient, safe, or continuous use, or the

1283

maintenance, improvement, extension, or expansion, of such public

1284

road or publicly owned rail corridor shall, upon 30 days' written

1285

notice to the utility or its agent by the authority, be removed

1286

or relocated by such utility at its own expense except as

1287

provided in paragraphs (a)-(f) (a), (b), and (c).

1288

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

1289

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

1290

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

1291

project on the federal-aid interstate system, including

1292

extensions thereof within urban areas, and the cost of such

1293

project is eligible and approved for reimbursement by the Federal

1294

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

1295

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

1296

utility owning or operating such facilities shall relocate such

1297

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

1298

the entire expense properly attributable to such relocation after

1299

deducting therefrom any increase in the value of the new facility

1300

and any salvage value derived from the old facility.

1301

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

1302

utility is executed for utility improvement, relocation, or

1303

removal work to be accomplished as part of a contract for

1304

construction of a transportation facility, the department may

1305

participate in those utility improvement, relocation, or removal

1306

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

1307

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

1308

participation shall be limited to the difference between the

1309

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

1310

percent and the amount awarded for this work in the construction

1311

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

1312

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

1313

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

1314

1315

executed for utility improvement, relocation, or removal work to

1316

be accomplished in advance of a contract for construction of a

1317

transportation facility, the department may participate in the

1318

cost of clearing and grubbing necessary to perform such work.

1319

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

1320

initially installed to exclusively serve the department, its

1321

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

1322

shall bear the costs of removal or relocation of that utility

1323

facility. The department shall not be responsible, however, for

1324

bearing the cost of removal or relocation of any subsequent

1325

additions to that facility for the purpose of serving others.

1326

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

1327

authority entered into after the effective date of this

1328

subsection, the utility conveys, subordinates, or relinquishes a

1329

compensable property right to the authority for the purpose of

1330

accommodating the acquisition or use of the right-of-way by the

1331

authority, without the agreement expressly addressing future

1332

responsibility for cost of removal or relocation of the utility,

1333

then the authority shall bear the cost of such removal or

1334

relocation. Nothing in this paragraph is intended to impair or

1335

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

1336

agreement entered into prior to the effective date of this

1337

paragraph.

1338

(f) If the utility is an electric facility being relocated

1339

underground in order to enhance vehicular, bicycle, and

1340

pedestrian safety and in which ownership of the electric facility

1341

to be placed underground has been transferred from a private to a

1342

public utility within the past 5 years, the department shall

1343

incur all costs of the relocation.

1344

Section 23. Subsections (4) and (5) of section 337.408,

1345

Florida Statutes, are amended, subsection (7) is renumbered as

1346

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

1347

section, to read:

1348

337.408 Regulation of benches, transit shelters, street

1349

light poles, waste disposal receptacles, and modular news racks

1350

within rights-of-way.--

1351

(4) The department has the authority to direct the

1352

immediate relocation or removal of any bench, transit shelter,

1353

waste disposal receptacle, public pay telephone, or modular news

1354

rack which endangers life or property, except that transit bus

1355

benches which have been placed in service prior to April 1, 1992,

1356

are not required to comply with bench size and advertising

1357

display size requirements which have been established by the

1358

department prior to March 1, 1992. Any transit bus bench that was

1359

in service prior to April 1, 1992, may be replaced with a bus

1360

bench of the same size or smaller, if the bench is damaged or

1361

destroyed or otherwise becomes unusable. The department is

1362

authorized to adopt rules relating to the regulation of bench

1363

size and advertising display size requirements. If a municipality

1364

or county within which a bench is to be located has adopted an

1365

ordinance or other applicable regulation that establishes bench

1366

size or advertising display sign requirements different from

1367

requirements specified in department rule, the local government

1368

requirement shall be applicable within the respective

1369

municipality or county. Placement of any bench or advertising

1370

display on the National Highway System under a local ordinance or

1371

regulation adopted pursuant to this subsection shall be subject

1372

to approval of the Federal Highway Administration.

1373

(5) No bench, transit shelter, waste disposal receptacle,

1374

public pay telephone, or modular news rack, or advertising

1375

thereon, shall be erected or so placed on the right-of-way of any

1376

road which conflicts with the requirements of federal law,

1377

regulations, or safety standards, thereby causing the state or

1378

any political subdivision the loss of federal funds. Competition

1379

among persons seeking to provide bench, transit shelter, waste

1380

disposal receptacle, or modular news rack services or advertising

1381

on such benches, shelters, receptacles, or news racks may be

1382

regulated, restricted, or denied by the appropriate local

1383

government entity consistent with the provisions of this section.

1384

(7) Public pay telephones, including advertising displayed

1385

thereon, may be installed within the right-of-way limits of any

1386

municipal, county, or state road, except on a limited access

1387

highway, provided that such pay telephones are installed by a

1388

provider duly authorized and regulated by the Public Service

1389

Commission pursuant to s. 364.3375, that such pay telephones are

1390

operated in accordance with all applicable state and federal

1391

telecommunications regulations, and that written authorization

1392

has been given to a public pay telephone provider by the

1393

appropriate municipal or county government. Each advertisement

1394

shall be limited to a size no greater than 8 square feet and no

1395

public pay telephone booth shall display more than 3 such

1396

advertisements at any given time. No advertisements shall be

1397

allowed on public pay telephones located in rest areas, welcome

1398

centers, and other such facilities located on an interstate

1399

highway.

1400

Section 24. Subsection (6) is added to section 338.01,

1401

Florida Statutes, to read:

1402

338.01 Authority to establish and regulate limited access

1403

facilities.--

1404

(6) All new limited access facilities and existing

1405

transportation facilities on which new or replacement electronic

1406

toll collection systems are installed shall be interoperable with

1407

the department's electronic toll collection system.

1408

Section 25. Present subsections (7) and (8) of section

1409

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

1410

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

1411

section, to read:

1412

338.165 Continuation of tolls.--

1413

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

1414

lanes or express lanes.

1415

Section 26. Section 338.166, Florida Statutes, is created

1416

to read:

1417

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

1418

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

1419

department may request the Division of Bond Finance to issue

1420

bonds secured by toll revenues collected on high-occupancy toll

1421

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

1422

Broward Counties.

1423

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

1424

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

1425

any bond indebtedness related to such project. All tolls so

1426

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

1427

operation, maintenance, and improvement of the high-occupancy

1428

toll lanes or express lanes project or associated transportation

1429

system.

1430

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

1431

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

1432

construction, maintenance, or improvement of any road on the

1433

State Highway System.

1434

(4) The department is authorized to implement variable rate

1435

tolls on high-occupancy toll lanes or express lanes.

1436

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

1437

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

1438

tolls were not charged as of July 1, 1997.

1439

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

1440

defined under the Florida Turnpike Enterprise Law.

1441

Section 27. Paragraphs (d) and (e) are added to subsection

1442

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

1443

338.2216 Florida Turnpike Enterprise; powers and

1444

authority.--

1445

(1)

1446

(d) The Florida Turnpike Enterprise is directed to pursue

1447

and implement new technologies and processes in its operations

1448

and collection of tolls and the collection of other amounts

1449

associated with road and infrastructure usage. Such technologies

1450

and processes shall include, without limitation, video billing

1451

and variable pricing.

1452

(e)1. The Florida Turnpike Enterprise shall not under any

1453

circumstances contract with any vendor for the retail sale of

1454

fuel along the Florida Turnpike if such contract is negotiated or

1455

bid together with any other contract, including, but not limited

1456

to, the retail sale of food, maintenance services, or

1457

construction, with the exception that any contract for the retail

1458

sale of fuel along the Florida Turnpike shall be bid and

1459

contracted together with the retail sale of food at any

1460

convenience store attached to the fuel station.

1461

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

1462

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

1463

maintenance services, or construction, except for services

1464

provided as defined in s. 287.055(2)(a), awarded by the Florida

1465

Turnpike Enterprise shall be procured through individual

1466

competitive solicitations and awarded to the most cost-effective

1467

responder. This paragraph does not prohibit the award of more

1468

than one individual contract to a single vendor if he or she

1469

submits the most cost-effective response.

1470

Section 28. Paragraph (b) of subsection (1) of section

1471

338.223, Florida Statutes, is amended to read:

1472

338.223 Proposed turnpike projects.--

1473

(1)

1474

(b) Any proposed turnpike project or improvement shall be

1475

developed in accordance with the Florida Transportation Plan and

1476

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

1477

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

1478

operation of the local transportation system shall be included in

1479

the transportation improvement plan of the affected metropolitan

1480

planning organization. If such turnpike project does not fall

1481

within the jurisdiction of a metropolitan planning organization,

1482

the department shall notify the affected county and provide for

1483

public hearings in accordance with s. 339.155(5)(6)(c).

1484

Section 29. Section 338.231, Florida Statutes, is amended

1485

to read:

1486

338.231 Turnpike tolls, fixing; pledge of tolls and other

1487

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

1488

and collect such tolls and amounts for the use of the turnpike

1489

system as are required in order to provide a fund sufficient with

1490

other revenues of the turnpike system to pay the cost of

1491

maintaining, improving, repairing, and operating such turnpike

1492

system; to pay the principal of and interest on all bonds issued

1493

to finance or refinance any portion of the turnpike system as the

1494

same become due and payable; and to create reserves for all such

1495

purposes.

1496

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

1497

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

1498

maximum extent feasible, equalize the toll structure, within each

1499

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

1500

approximately the same throughout the turnpike system. New

1501

turnpike projects may have toll rates higher than the uniform

1502

system rate where such higher toll rates are necessary to qualify

1503

the project in accordance with the financial criteria in the

1504

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

1505

system rate when the project is generating sufficient revenues to

1506

pay the full amount of debt service and operating and maintenance

1507

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

1508

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

1509

meet or exceed the annual debt service requirements and operating

1510

and maintenance costs attributable to such project, the

1511

department shall, to the maximum extent feasible, establish a

1512

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

1513

rate as necessary to meet such annual debt service requirements

1514

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

1515

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

1516

uniform system rate for the purpose of building patronage for the

1517

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

1518

temporary rate be established for more than 1 year. The

1519

requirements of this subsection shall not apply when the

1520

application of such requirements would violate any covenant

1521

established in a resolution or trust indenture relating to the

1522

issuance of turnpike bonds.

1523

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

1524

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

1525

increase on the Homestead Extension of the Florida Turnpike until

1526

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

1527

Turnpike General Reserve Trust Fund to replace estimated lost

1528

revenues resulting from this deferral. The amount advanced must

1529

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

1530

repayment is subordinate to all other debt financing of the

1531

turnpike system outstanding at the time repayment is due.

1532

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

1533

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

1534

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

1535

notice and the opportunity for a public hearing before the

1536

adoption of the proposed rate change. When the department is

1537

evaluating a proposed turnpike toll project under s. 338.223 and

1538

has determined that there is a high probability that the project

1539

will pass the test of economic feasibility predicated on proposed

1540

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

1541

the project is constructed must be adopted during the planning

1542

and project development phase of the project, in the manner

1543

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

1544

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

1545

toll rate becomes effective upon the opening of the project to

1546

traffic.

1547

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

1548

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

1549

program sufficient funds in the tentative work program such that

1550

the percentage of turnpike toll and bond financed commitments in

1551

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

1552

total turnpike toll and bond financed commitments shall be at

1553

least 90 percent of the share of net toll collections

1554

attributable to users of the turnpike system in Dade County,

1555

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

1556

toll collections attributable to users of the turnpike system.

1557

The requirements of this subsection do not apply when the

1558

application of such requirements would violate any covenant

1559

established in a resolution or trust indenture relating to the

1560

issuance of turnpike bonds. The department at any time for

1561

economic considerations may establish lower temporary toll rates

1562

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

1563

year, after which the toll rates promulgated under s. 120.54

1564

shall become effective.

1565

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

1566

collect such amounts needed to cover the costs of administering

1567

the different toll collection and payment methods and types of

1568

accounts being offered and utilized, in the manner provided for

1569

in s. 120.54, which will provide for public notice and the

1570

opportunity for a public hearing before adoption. Such amounts

1571

may stand alone, or be incorporated in a toll rate structure, or

1572

be a combination thereof.

1573

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

1574

finance or refinance any turnpike project, the tolls and all

1575

other revenues derived from the turnpike system and pledged to

1576

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

1577

resolution authorizing the issuance of such bonds or the trust

1578

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

1579

moneys so pledged and thereafter received by the department are

1580

immediately subject to the lien of such pledge without any

1581

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

1582

pledge is valid and binding as against all parties having claims

1583

of any kind in tort or contract or otherwise against the

1584

department irrespective of whether such parties have notice

1585

thereof. Neither the resolution nor any trust agreement by which

1586

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

1587

records of the department.

1588

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

1589

Broward County Expressway Authority series 1984 and series 1986-A

1590

remain outstanding, the department is authorized to pledge

1591

revenues from the turnpike system to the payment of principal and

1592

interest of such series of bonds and the operation and

1593

maintenance expenses of the Sawgrass Expressway, to the extent

1594

gross toll revenues of the Sawgrass Expressway are insufficient

1595

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

1596

pledge of turnpike system revenue will be negotiated with the

1597

parties of the 1984 and 1986 Broward County Expressway Authority

1598

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

1599

agreements. The agreement shall establish that the Sawgrass

1600

Expressway shall be subject to the planning, management, and

1601

operating control of the department limited only by the terms of

1602

the lease-purchase agreements. The department shall provide for

1603

the payment of operation and maintenance expenses of the Sawgrass

1604

Expressway until such agreement is in effect. This pledge of

1605

turnpike system revenues shall be subordinate to the debt service

1606

requirements of any future issue of turnpike bonds, the payment

1607

of turnpike system operation and maintenance expenses, and

1608

subject to provisions of any subsequent resolution or trust

1609

indenture relating to the issuance of such turnpike bonds.

1610

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

1611

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

1612

regulations as the resolution authorizing the issuance of such

1613

bonds or such trust agreement may provide.

1614

Section 30. Subsection (4) of section 339.12, Florida

1615

Statutes, is amended to read:

1616

339.12 Aid and contributions by governmental entities for

1617

department projects; federal aid.--

1618

(4)(a) Prior to accepting the contribution of road bond

1619

proceeds, time warrants, or cash for which reimbursement is

1620

sought, the department shall enter into agreements with the

1621

governing body of the governmental entity for the project or

1622

project phases in accordance with specifications agreed upon

1623

between the department and the governing body of the governmental

1624

entity. The department in no instance is to receive from such

1625

governmental entity an amount in excess of the actual cost of the

1626

project or project phase. By specific provision in the written

1627

agreement between the department and the governing body of the

1628

governmental entity, the department may agree to reimburse the

1629

governmental entity for the actual amount of the bond proceeds,

1630

time warrants, or cash used on a highway project or project

1631

phases that are not revenue producing and are contained in the

1632

department's adopted work program, or any public transportation

1633

project contained in the adopted work program. Subject to

1634

appropriation of funds by the Legislature, the department may

1635

commit state funds for reimbursement of such projects or project

1636

phases. Reimbursement to the governmental entity for such a

1637

project or project phase must be made from funds appropriated by

1638

the Legislature, and reimbursement for the cost of the project or

1639

project phase is to begin in the year the project or project

1640

phase is scheduled in the work program as of the date of the

1641

agreement. Funds advanced pursuant to this section, which were

1642

originally designated for transportation purposes and so

1643

reimbursed to a county or municipality, shall be used by the

1644

county or municipality for any transportation expenditure

1645

authorized under s. 336.025(7). Also, cities and counties may

1646

receive funds from persons, and reimburse those persons, for the

1647

purposes of this section. Such persons may include, but are not

1648

limited to, those persons defined in s. 607.01401(19).

1649

(b) Prior to entering an agreement to advance a project or

1650

project phase pursuant to this subsection and subsection (5), the

1651

department shall first update the estimated cost of the project

1652

or project phase and certify that the estimate is accurate and

1653

consistent with the amount estimated in the adopted work program.

1654

If the original estimate and the updated estimate vary, the

1655

department shall amend the adopted work program according to the

1656

amendatory procedures for the work program set forth in s.

1657

339.135(7). The amendment shall reflect all corresponding

1658

increases and decreases to the affected projects within the

1659

adopted work program.

1660

1661

subsection for a project or project phase not included in the

1662

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

1663

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

1664

construction inspection, and related support phases. The project

1665

or project phase must be a high priority of the governmental

1666

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

1667

from funds appropriated by the Legislature pursuant to s.

1668

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

1669

agreements entered into under this paragraph. The total amount of

1670

project agreements for projects or project phases not included in

1671

the adopted work program authorized by this paragraph may not at

1672

any time exceed $250 $100 million. However, notwithstanding such

1673

$250 $100 million limit and any similar limit in s. 334.30,

1674

project advances for any inland county with a population greater

1675

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

1676

its Local Government Infrastructure Surtax pursuant to s.

1677

212.055(2) for improvements to the State Highway System which are

1678

included in the local metropolitan planning organization's or the

1679

department's long-range transportation plans shall be excluded

1680

from the calculation of the statewide limit of project advances.

1681

(d) The department may enter into agreements under this

1682

subsection with any county that has a population of 150,000 or

1683

less as determined by the most recent official estimate pursuant

1684

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

1685

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

1686

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

1687

construction inspection, and related support phases. The project

1688

or project phase must be a high priority of the governmental

1689

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

1690

from funds appropriated by the Legislature pursuant to s.

1691

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

1692

agreements entered into under this paragraph. The total amount of

1693

project agreements for projects or project phases not included in

1694

the adopted work program authorized by this paragraph may not at

1695

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

1696

local government's adopted comprehensive plan. The department is

1697

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

1698

30 years.

1699

Section 31. Paragraph (d) of subsection (7) of section

1700

339.135, Florida Statutes, is amended to read:

1701

339.135 Work program; legislative budget request;

1702

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

1703

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

1704

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

1705

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

1706

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

1707

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

1708

the amendment and each municipality within the county. The

1709

notification shall be issued in writing to the chief elected

1710

official of each affected county, each municipality within the

1711

county, and the chair of each affected metropolitan planning

1712

organization. Each affected county and each municipality in the

1713

county, is encouraged to coordinate with each other to determine

1714

how the amendment effects local concurrency management and

1715

regional transportation planning efforts. Each affected county,

1716

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

1717

provide written comments to the department regarding how the

1718

amendment will effect its respective concurrency management

1719

systems, including whether any development permits were issued

1720

contingent upon the capacity improvement, if applicable. After

1721

receipt of written comments from the affected local governments,

1722

the department shall include any written comments submitted by

1723

such local governments in its preparation of the proposed

1724

amendment.

1725

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

1726

if applicable, whenever the department proposes any amendment to

1727

the adopted work program, which amendment is defined in

1728

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

1729

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

1730

Governor for approval and shall immediately notify the chairs of

1731

the legislative appropriations committees, the chairs of the

1732

legislative transportation committees, and each member of the

1733

Legislature who represents a district affected by the proposed

1734

amendment. It shall also notify, each metropolitan planning

1735

organization affected by the proposed amendment, and each unit of

1736

local government affected by the proposed amendment, unless it

1737

provided to each the notification required by subparagraph 1.

1738

Such proposed amendment shall provide a complete justification of

1739

the need for the proposed amendment.

1740

3.2. The Governor shall not approve a proposed amendment

1741

until 14 days following the notification required in subparagraph

1742

2. 1.

1743

4.3. If either of the chairs of the legislative

1744

appropriations committees or the President of the Senate or the

1745

Speaker of the House of Representatives objects in writing to a

1746

proposed amendment within 14 days following notification and

1747

specifies the reasons for such objection, the Governor shall

1748

disapprove the proposed amendment.

1749

Section 32. Section 339.155, Florida Statutes, is amended

1750

to read:

1751

339.155 Transportation planning.--

1752

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

1753

develop and annually update a statewide transportation plan, to

1754

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

1755

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

1756

public. The purpose of the Florida Transportation Plan is to

1757

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

1758

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

1759

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

1760

other statutory mandates and authorizations and based upon the

1761

prevailing principles of: preserving the existing transportation

1762

infrastructure; enhancing Florida's economic competitiveness; and

1763

improving travel choices to ensure mobility. The Florida

1764

Transportation Plan shall consider the needs of the entire state

1765

transportation system and examine the use of all modes of

1766

transportation to effectively and efficiently meet such needs.

1767

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

1768

out a transportation planning process in conformance with s.

1769

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

1770

strategies that will:

1771

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

1772

Florida, and the metropolitan areas, especially by enabling

1773

global competitiveness, productivity, and efficiency;

1774

(b) Increase the safety and security of the transportation

1775

system for motorized and nonmotorized users;

1776

1777

available to people and for freight;

1778

(d) Protect and enhance the environment, promote energy

1779

conservation, and improve quality of life;

1780

(e) Enhance the integration and connectivity of the

1781

transportation system, across and between modes throughout

1782

Florida, for people and freight;

1783

(f) Promote efficient system management and operation; and

1784

(g) Emphasize the preservation of the existing

1785

transportation system.

1786

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

1787

Transportation Plan shall be a unified, concise planning document

1788

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

1789

and objectives and documents the department's short-range

1790

objectives developed to further such goals and objectives. The

1791

plan shall:

1792

(a) Include a glossary that clearly and succinctly defines

1793

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

1794

with which the general public may be unfamiliar. and shall

1795

consist of, at a minimum, the following components:

1796

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

1797

goals and long-term objectives necessary to implement the results

1798

of the department's findings from its examination of the

1799

prevailing principles and criteria provided under listed in

1800

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

1801

1802

planning organizations and reconciled, to the maximum extent

1803

feasible, with the long-range plans developed by metropolitan

1804

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

1805

(d) Be developed in consultation with affected local

1806

officials in nonmetropolitan areas and with any affected Indian

1807

tribal governments. The plan must

1808

(e) Provide an examination of transportation issues likely

1809

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

1810

component shall

1811

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

1812

as necessary, to reflect substantive changes to federal or state

1813

law.

1814

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

1815

objectives and strategies necessary to implement the goals and

1816

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

1817

short-range component must define the relationship between the

1818

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

1819

objectives against which the department's achievement of such

1820

goals will be measured, and identify transportation strategies

1821

necessary to efficiently achieve the goals and objectives in the

1822

plan. It must provide a policy framework within which the

1823

department's legislative budget request, the strategic

1824

information resource management plan, and the work program are

1825

developed. The short-range component shall serve as the

1826

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

1827

The short-range component shall be developed consistent with

1828

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

1829

component shall also be submitted to the Florida Transportation

1830

Commission.

1831

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

1832

develop an annual performance report evaluating the operation of

1833

the department for the preceding fiscal year. The report shall

1834

also include a summary of the financial operations of the

1835

department and shall annually evaluate how well the adopted work

1836

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

1837

range component of the Florida Transportation Plan. This

1838

performance report shall be submitted to the Florida

1839

Transportation Commission and the legislative appropriations and

1840

transportation committees.

1841

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

1842

(a) Upon request by local governmental entities, the

1843

department may in its discretion develop and design

1844

transportation corridors, arterial and collector streets,

1845

vehicular parking areas, and other support facilities which are

1846

consistent with the plans of the department for major

1847

transportation facilities. The department may render to local

1848

governmental entities or their planning agencies such technical

1849

assistance and services as are necessary so that local plans and

1850

facilities are coordinated with the plans and facilities of the

1851

department.

1852

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

1853

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

1854

element of its strategic regional policy plan, transportation

1855

goals and policies. The transportation goals and policies must be

1856

prioritized to comply with the prevailing principles provided in

1857

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

1858

policies shall be consistent, to the maximum extent feasible,

1859

with the goals and policies of the metropolitan planning

1860

organization and the Florida Transportation Plan. The

1861

transportation goals and policies of the regional planning

1862

council will be advisory only and shall be submitted to the

1863

department and any affected metropolitan planning organization

1864

for their consideration and comments. Metropolitan planning

1865

organization plans and other local transportation plans shall be

1866

developed consistent, to the maximum extent feasible, with the

1867

regional transportation goals and policies. The regional planning

1868

council shall review urbanized area transportation plans and any

1869

other planning products stipulated in s. 339.175 and provide the

1870

department and respective metropolitan planning organizations

1871

with written recommendations which the department and the

1872

metropolitan planning organizations shall take under advisement.

1873

Further, the regional planning councils shall directly assist

1874

local governments which are not part of a metropolitan area

1875

transportation planning process in the development of the

1876

transportation element of their comprehensive plans as required

1877

by s. 163.3177.

1878

1879

regional transportation areas in accordance with an interlocal

1880

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

1881

contiguous metropolitan planning organizations; one or more

1882

metropolitan planning organizations and one or more contiguous

1883

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

1884

organization; a multicounty regional transportation authority

1885

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

1886

that are not members of a metropolitan planning organization; or

1887

metropolitan planning organizations comprised of three or more

1888

counties.

1889

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

1890

the entity that will coordinate the development of the regional

1891

transportation plan; delineate the boundaries of the regional

1892

transportation area; provide the duration of the agreement and

1893

specify how the agreement may be terminated, modified, or

1894

rescinded; describe the process by which the regional

1895

transportation plan will be developed; and provide how members of

1896

the entity will resolve disagreements regarding interpretation of

1897

the interlocal agreement or disputes relating to the development

1898

or content of the regional transportation plan. Such interlocal

1899

agreement shall become effective upon its recordation in the

1900

official public records of each county in the regional

1901

transportation area.

1902

(e) The regional transportation plan developed pursuant to

1903

this section must, at a minimum, identify regionally significant

1904

transportation facilities located within a regional

1905

transportation area and contain a prioritized list of regionally

1906

significant projects. The level-of-service standards for

1907

facilities to be funded under this subsection shall be adopted by

1908

the appropriate local government in accordance with s.

1909

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

1910

improvements schedule of the local government comprehensive plan

1911

pursuant to s. 163.3177(3).

1912

(5)(6) PROCEDURES FOR PUBLIC PARTICIPATION IN

1913

TRANSPORTATION PLANNING.--

1914

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

1915

the Florida Transportation Plan and prior to substantive

1916

revisions, the department shall provide citizens, affected public

1917

agencies, representatives of transportation agency employees,

1918

other affected employee representatives, private providers of

1919

transportation, and other known interested parties with an

1920

opportunity to comment on the proposed plan or revisions. These

1921

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

1922

the Florida Administrative Weekly and within a newspaper of

1923

general circulation within the area of each department district

1924

office.

1925

(b) During development of major transportation

1926

improvements, such as those increasing the capacity of a facility

1927

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

1928

limited or controlled access facility or construction of a

1929

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

1930

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

1931

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

1932

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

1933

specific design proposal for the proposed facility. Such public

1934

hearings shall be conducted so as to provide an opportunity for

1935

effective participation by interested persons in the process of

1936

transportation planning and site and route selection and in the

1937

specific location and design of transportation facilities. The

1938

various factors involved in the decision or decisions and any

1939

alternative proposals shall be clearly presented so that the

1940

persons attending the hearing may present their views relating to

1941

the decision or decisions which will be made.

1942

1943

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

1944

duly notify all affected property owners of record, as recorded

1945

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

1946

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

1947

owners shall be:

1948

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

1949

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

1950

b. Those whom the department determines will be

1951

substantially affected environmentally, economically, socially,

1952

or safetywise.

1953

2. For each subsequent hearing, the department shall

1954

publish notice prior to the hearing date in a newspaper of

1955

general circulation for the area affected. These notices must be

1956

published twice, with the first notice appearing at least 15

1957

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

1958

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

1959

be furnished to the United States Department of Transportation

1960

and to the appropriate departments of the state government at the

1961

time of publication.

1962

4. The opportunity for another hearing shall be afforded in

1963

any case when proposed locations or designs are so changed from

1964

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

1965

to have a substantially different social, economic, or

1966

environmental effect.

1967

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

1968

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

1969

is required.

1970

Section 33. Subsection (3) and paragraphs (b) and (c) of

1971

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

1972

to read:

1973

339.2816 Small County Road Assistance Program.--

1974

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

1975

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

1976

$25 million annually from the State Transportation Trust Fund may

1977

be used for the purposes of funding the Small County Road

1978

Assistance Program as described in this section.

1979

(4)

1980

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

1981

under this program, the department may consider whether the

1982

county has attempted to keep county roads in satisfactory

1983

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

1984

valorem millage rate imposed by the county. The department may

1985

also consider the extent to which the county has offered to

1986

provide a match of local funds with state funds provided under

1987

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

1988

if:

1989

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

1990

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

1991

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

1992

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

1993

mills.

1994

1995

projects for funding under the program:

1996

1. The primary criterion is the physical condition of the

1997

road as measured by the department.

1998

2. As secondary criteria the department may consider:

1999

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

2000

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

2001

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

2002

d. Whether a road is considered a feeder road.

2003

e. Whether a road is located in a fiscally constrained

2004

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

2005

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

2006

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

2007

determined by the department.

2008

Section 34. Subsections (1) and (3) of section 339.2819,

2009

Florida Statutes, are amended to read:

2010

339.2819 Transportation Regional Incentive Program.--

2011

(1) There is created within the Department of

2012

Transportation a Transportation Regional Incentive Program for

2013

the purpose of providing funds to improve regionally significant

2014

transportation facilities in regional transportation areas

2015

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

2016

(3) The department shall allocate funding available for the

2017

Transportation Regional Incentive Program to the districts based

2018

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

2019

collections for eligible counties in regional transportation

2020

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

2021

Section 35. Subsection (6) of section 339.285, Florida

2022

Statutes, is amended to read:

2023

339.285 Enhanced Bridge Program for Sustainable

2024

Transportation.--

2025

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

2026

corridors that connect to the Strategic Intermodal System,

2027

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

2028

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

2029

(d), and (e).

2030

Section 36. Part III of chapter 343, Florida Statutes,

2031

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

2032

343.76, and 343.77, is repealed.

2033

Section 37. Subsection (4) of section 348.0003, Florida

2034

Statutes, is amended to read:

2035

348.0003 Expressway authority; formation; membership.--

2036

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

2037

executive director, its own counsel and legal staff, technical

2038

experts, and such engineers and employees, permanent or

2039

temporary, as it may require and shall determine the

2040

qualifications and fix the compensation of such persons, firms,

2041

or corporations. An authority may employ a fiscal agent or

2042

agents; however, the authority must solicit sealed proposals from

2043

at least three persons, firms, or corporations for the

2044

performance of any services as fiscal agents. An authority may

2045

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

2046

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

2047

Florida Expressway Authority Act, subject always to the

2048

supervision and control of the authority. Members of an authority

2049

may be removed from office by the Governor for misconduct,

2050

malfeasance, misfeasance, or nonfeasance in office.

2051

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

2052

the authority their travel and other necessary expenses incurred

2053

in connection with the business of the authority as provided in

2054

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

2055

2056

authority, bridge authority, or toll authority, created pursuant

2057

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

2058

other legislative enactment, shall be required to comply with the

2059

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

2060

the State Constitution. This subsection does not subject a

2061

statutorily created expressway authority, transportation

2062

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

2063

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

2064

other than those contained in this subsection.

2065

Section 38. Paragraph (c) is added to subsection (1) of

2066

section 348.0004, Florida Statutes, to read:

2067

348.0004 Purposes and powers.--

2068

(1)

2069

2070

authorities created under parts I-X of chapter 348 may index toll

2071

rates on toll facilities to the annual Consumer Price Index or

2072

similar inflation indicators. Once a toll rate index has been

2073

implemented pursuant to this paragraph, the toll rate index shall

2074

remain in place and may not be revoked. Toll rate index for

2075

inflation under this subsection must be adopted and approved by

2076

the expressway authority board at a public meeting and may be

2077

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

2078

frequently than once every 5 years as necessary to accommodate

2079

cash toll rate schedules. Toll rates may be increased beyond

2080

these limits as directed by bond documents, covenants, or

2081

governing body authorization or pursuant to department

2082

administrative rule.

2083

Section 39. Subsection (1) of section 479.01, Florida

2084

Statutes, is amended to read:

2085

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

2086

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

2087

through a mechanical system is capable of delivering two or more

2088

advertising messages through an automated or remotely controlled

2089

process and shall not rotate so rapidly as to cause distraction

2090

to a motorist.

2091

Section 40. Subsections (1), (5), and (9) of section

2092

479.07, Florida Statutes, are amended to read:

2093

479.07 Sign permits.--

2094

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

2095

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

2096

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

2097

Highway System outside an urban incorporated area, as defined in

2098

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

2099

primary highway system without first obtaining a permit for the

2100

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

2101

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

2102

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

2103

system" shall mean a sign located within the controlled area

2104

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

2105

such system.

2106

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

2107

to the applicant a serially numbered permanent metal permit tag.

2108

The permittee is responsible for maintaining a valid permit tag

2109

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

2110

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

2111

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

2112

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

2113

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

2114

upper 50 percent of the pole nearest the highway and shall be

2115

attached in such a manner as to be plainly visible from the main-

2116

traveled way. The permit will become void unless the permit tag

2117

is properly and permanently displayed at the permitted site

2118

within 30 days after the date of permit issuance. If the

2119

permittee fails to erect a completed sign on the permitted site

2120

within 270 days after the date on which the permit was issued,

2121

the permit will be void, and the department may not issue a new

2122

permit to that permittee for the same location for 270 days after

2123

the date on which the permit became void.

2124

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

2125

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

2126

department for a replacement tag. The department shall establish

2127

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

2128

recover the actual cost of providing the replacement tag. Upon

2129

receipt of the application accompanied by the a service fee of

2130

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

2131

Alternatively, the permittee may provide its own replacement tag

2132

pursuant to department specifications which the department shall

2133

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

2134

replacement tags.

2135

(9)(a) A permit shall not be granted for any sign for which

2136

a permit had not been granted by the effective date of this act

2137

unless such sign is located at least:

2138

1. One thousand five hundred feet from any other permitted

2139

sign on the same side of the highway, if on an interstate

2140

highway.

2141

2. One thousand feet from any other permitted sign on the

2142

same side of the highway, if on a federal-aid primary highway.

2143

2144

The minimum spacing provided in this paragraph does not preclude

2145

the permitting of V-type, back-to-back, side-to-side, stacked, or

2146

double-faced signs at the permitted sign site. If a sign is

2147

visible from the controlled area of more than one highway subject

2148

to the jurisdiction of the department, the sign shall meet the

2149

permitting requirements of, and, if the sign meets the applicable

2150

permitting requirements, be permitted to, the highway with the

2151

more stringent permitting requirements.

2152

(b) A permit shall not be granted for a sign pursuant to

2153

this chapter to locate such sign on any portion of the interstate

2154

or federal-aid primary highway system, which sign:

2155

1. Exceeds 50 feet in sign structure height above the crown

2156

of the main-traveled way, if outside an incorporated area;

2157

2. Exceeds 65 feet in sign structure height above the crown

2158

of the main-traveled way, if inside an incorporated area; or

2159

3. Exceeds 950 square feet of sign facing including all

2160

embellishments.

2161

2162

established a pilot program in Orange, Hillsborough, and Osceola

2163

Counties, and within the boundaries of the City of Miami, under

2164

which the distance between permitted signs on the same side of an

2165

interstate highway may be reduced to 1,000 feet if all other

2166

requirements of this chapter are met and if:

2167

1. The local government has adopted a plan, program,

2168

resolution, ordinance, or other policy encouraging the voluntary

2169

removal of signs in a downtown, historic, redevelopment, infill,

2170

or other designated area which also provides for a new or

2171

replacement sign to be erected on an interstate highway within

2172

that jurisdiction if a sign in the designated area is removed;

2173

2. The sign owner and the local government mutually agree

2174

to the terms of the removal and replacement; and

2175

3. The local government notifies the department of its

2176

intention to allow such removal and replacement as agreed upon

2177

pursuant to subparagraph 2.

2178

2179

The department shall maintain statistics tracking the use of the

2180

provisions of this pilot program based on the notifications

2181

received by the department from local governments under this

2182

paragraph.

2183

Section 41. Section 479.08, Florida Statutes, is amended to

2184

read:

2185

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

2186

the authority to deny or revoke any permit requested or granted

2187

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

2188

application for the permit contains knowingly false or knowingly

2189

misleading information. The department has the authority to

2190

revoke any permit granted under this chapter in any case in which

2191

or that the permittee has violated any of the provisions of this

2192

chapter, unless such permittee, within 30 days after the receipt

2193

of notice by the department, corrects such false or misleading

2194

information and complies with the provisions of this chapter. For

2195

the purpose of this section, the notice of violation issued by

2196

the department shall describe in detail the alleged violation.

2197

Any person aggrieved by any action of the department in denying

2198

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

2199

receipt of the notice, apply to the department for an

2200

administrative hearing pursuant to chapter 120. If a timely

2201

request for hearing has been filed and the department issues a

2202

final order revoking a permit, such revocation shall be effective

2203

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

2204

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

2205

notice of appeal shall operate to stay the revocation until the

2206

department's action is upheld.

2207

Section 42. Section 479.156, Florida Statutes, is amended

2208

to read:

2209

479.156 Wall murals.--Notwithstanding any other provision

2210

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

2211

wall murals within areas designated by such government. If a

2212

municipality or county permits wall murals, a wall mural that

2213

displays a commercial message and is within 660 feet of the

2214

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

2215

interstate highway system or the federal-aid primary highway

2216

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

2217

or commercial use and the municipality or county shall establish

2218

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

2219

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

2220

murals consistent with the intent of the Highway Beautification

2221

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

2222

county exercises such control and makes a determination of

2223

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

2224

determination shall be accepted in lieu of controls in the

2225

agreement between the state and the United States Department of

2226

Transportation, and the Department of Transportation shall notify

2227

the Federal Highway Administration pursuant to the agreement, 23

2228

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

2229

is subject to municipal or county regulation and the Highway

2230

Beautification Act of 1965 must be approved by the Department of

2231

Transportation and the Federal Highway Administration where

2232

required by federal law and federal regulation pursuant to and

2233

may not violate the agreement between the state and the United

2234

States Department of Transportation and or violate federal

2235

regulations enforced by the Department of Transportation under s.

2236

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

2237

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

2238

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

2239

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

2240

Section 43. Subsections (1), (3), (4), and (5) of section

2241

479.261, Florida Statutes, are amended to read:

2242

479.261 Logo sign program.--

2243

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

2244

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

2245

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

2246

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

2247

Federal Highway Administration, at interchanges, through the use

2248

of business logos, and may include additional interchanges under

2249

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

2250

this program if allowed by federal rules.

2251

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

2252

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

2253

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

2254

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

2255

oriented entertainment, cultural, educational, recreational,

2256

scientific, or historical activities; and that which is publicly

2257

recognized as a bona fide tourist attraction. However, the

2258

permits for businesses seeking to participate in the attractions

2259

logo sign program shall be awarded by the department annually to

2260

the highest bidders, notwithstanding the limitation on fees in

2261

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

2262

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

2263

the fees established for logo participants in other logo

2264

categories.

2265

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

2266

markers on specific information logo signs for establishments

2267

that cater to the needs of persons driving recreational vehicles.

2268

Establishments that qualify for participation in the specific

2269

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

2270

may request the RV-friendly marker on their specific information

2271

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

2272

approved by the Federal Highway Administration. The department

2273

shall adopt rules in accordance with chapter 120 to administer

2274

this paragraph, including rules setting forth the minimum

2275

requirements that establishments must meet in order to qualify as

2276

RV-friendly. These requirements shall include large parking

2277

spaces, entrances, and exits that can easily accommodate

2278

recreational vehicles and facilities having appropriate overhead

2279

clearances, if applicable.

2280

2281

logo program providing for the removal and addition of

2282

participating businesses in the program.

2283

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

2284

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

2285

application and permit fee to the department or its agent.

2286

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

2287

the provision of services related to the logo sign program,

2288

including recruitment and qualification of businesses, review of

2289

applications, permit issuance, and fabrication, installation, and

2290

maintenance of logo signs. The department may reject all

2291

proposals and seek another request for proposals or otherwise

2292

perform the work. If the department contracts for the provision

2293

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

2294

unless the business owner declines, that businesses that

2295

previously entered into agreements with the department to

2296

privately fund logo sign construction and installation be

2297

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

2298

not been recovered through a previously agreed upon waiver of

2299

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

2300

portion of the annual fees as compensation for its services.

2301

(5) Permit fees for businesses that participate in the

2302

program must be established in an amount sufficient to offset the

2303

total cost to the department for the program, including contract

2304

costs. The department shall provide the services in the most

2305

efficient and cost-effective manner through department staff or

2306

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

2307

shall adopt rules that set reasonable rates based upon factors

2308

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

2309

annual permit fees. However, annual permit fees for sign

2310

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

2311

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

2312

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

2313

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

2314

the logo program shall be deposited into the State Transportation

2315

Trust Fund and used for transportation purposes. Such annual

2316

permit fee shall not exceed $1,250.

2317

Section 44. Business partnerships; display of names.--

2318

(1) School districts are encouraged to partner with local

2319

businesses for the purposes of mentorship opportunities,

2320

development of employment options and additional funding sources,

2321

and other mutual benefits.

2322

(2) As a pilot program through June 30, 2011, the Palm

2323

Beach County School District may publicly display the names and

2324

recognitions of their business partners on school district

2325

property in unincorporated areas. Examples of appropriate

2326

business partner recognition include "Project Graduation" and

2327

athletic sponsorships. The district shall make every effort to

2328

display business partner names in a manner that is consistent

2329

with the county standards for uniformity in size, color, and

2330

placement of the signs. Whenever the provisions of this section

2331

are inconsistent with the provisions of the county ordinances or

2332

regulations relating to signs or the provisions of chapter 125,

2333

chapter 166, or chapter 479, Florida Statutes, in the

2334

unincorporated areas, the provisions of this section shall

2335

prevail.

2336

Section 45. Notwithstanding any provision of chapter 74-

2337

400, Laws of Florida, public funds may be used for the alteration

2338

of Old Cutler Road, between Southwest 136th Street and Southwest

2339

184th Street, in the Village of Palmetto Bay.

2340

(1) The alteration may include the installation of

2341

sidewalks, curbing, and landscaping to enhance pedestrian access

2342

to the road.

2343

(2) The official approval of the project by the Department

2344

of State must be obtained before any alteration is started.

2345

Section 46. Subsection (1) of section 120.52, Florida

2346

Statutes, is amended to read:

2347

120.52 Definitions.--As used in this act:

2348

(1) "Agency" means:

2349

(a) The Governor in the exercise of all executive powers

2350

other than those derived from the constitution.

2351

(b) Each:

2352

1. State officer and state department, and each

2353

departmental unit described in s. 20.04.

2354

2. Authority, including a regional water supply authority.

2355

3. Board, including the Board of Governors of the State

2356

University System and a state university board of trustees when

2357

acting pursuant to statutory authority derived from the

2358

Legislature.

2359

4. Commission, including the Commission on Ethics and the

2360

Fish and Wildlife Conservation Commission when acting pursuant to

2361

statutory authority derived from the Legislature.

2362

5. Regional planning agency.

2363

6. Multicounty special district with a majority of its

2364

governing board comprised of nonelected persons.

2365

7. Educational units.

2366

8. Entity described in chapters 163, 373, 380, and 582 and

2367

s. 186.504.

2368

2369

counties and municipalities, to the extent they are expressly

2370

made subject to this act by general or special law or existing

2371

judicial decisions.

2372

2373

This definition does not include any legal entity or agency

2374

created in whole or in part pursuant to chapter 361, part II, any

2375

metropolitan planning organization created pursuant to s.

2376

339.175, any separate legal or administrative entity created

2377

pursuant to s. 339.175 of which a metropolitan planning

2378

organization is a member, an expressway authority pursuant to

2379

chapter 348 or any transportation authority under chapter 343 or

2380

chapter 349, any legal or administrative entity created by an

2381

interlocal agreement pursuant to s. 163.01(7), unless any party

2382

to such agreement is otherwise an agency as defined in this

2383

subsection, or any multicounty special district with a majority

2384

of its governing board comprised of elected persons; however,

2385

this definition shall include a regional water supply authority.

2386

Section 47. The Legislature directs the Department of

2387

Transportation to establish an approved transportation

2388

methodology which recognizes that a planned, sustainable

2389

development of regional impact will likely achieve an internal

2390

capture rate greater than 30 percent when fully developed. The

2391

transportation methodology must use a regional transportation

2392

model that incorporates professionally accepted modeling

2393

techniques applicable to well-planned, sustainable communities of

2394

the size, location, mix of uses, and design features consistent

2395

with such communities. The adopted transportation methodology

2396

shall serve as the basis for sustainable development traffic

2397

impact assessments by the department. The methodology review must

2398

be completed and in use by March 1, 2009.

2399

Section 48. Except as otherwise expressly provided in this

2400

act, this act shall take effect upon becoming a law.

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