Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7005, 2nd Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             05/01/2014 02:54 PM       .                                

       Senator Galvano moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 1464 and 1465
    4  insert:
    5         Section 33. Paragraphs (a) and (e) of subsection (1) of
    6  section 343.91, Florida Statutes, are amended to read:
    7         343.91 Definitions.—
    8         (1) As used in this part, the term:
    9         (a) “Authority” means the Tampa Bay Area Regional
   10  Transportation Authority, the body politic and corporate and
   11  agency of the state created by this part, covering the eight
   12  county seven-county area comprised of Citrus, Hernando,
   13  Hillsborough, Pasco, Pinellas, Polk, Manatee, and Sarasota
   14  Counties.
   15         (e)1. “Commuter rail” means a complete system of tracks,
   16  guideways, stations, and rolling stock necessary to effectuate
   17  medium-distance to long-distance passenger rail service to,
   18  from, or within the municipalities within the authority’s
   19  designated eight-county seven-county region.
   20         2. “Heavy rail transit” means a complete rail system
   21  operating on an electric railway with the capacity for a heavy
   22  volume of traffic, characterized by high-speed and rapid
   23  acceleration passenger rail cars operating singly or in multicar
   24  trains on fixed rails in separate rights-of-way from which all
   25  other vehicular and pedestrian traffic are excluded. “Heavy rail
   26  transit” includes metro, subway, elevated, rapid transit, and
   27  rapid rail systems.
   28         3. “Light rail transit” means a complete system of tracks,
   29  overhead catenaries, stations, and platforms with lightweight
   30  passenger rail cars operating singly or in short, multicar
   31  trains on fixed rails in rights-of-way that are not separated
   32  from other traffic for much of the way.
   33         Section 34. Subsection (2) of section 343.92, Florida
   34  Statutes, is amended to read:
   35         343.92 Tampa Bay Area Regional Transportation Authority.—
   36         (2) The governing board of the authority shall consist of
   37  16 voting members.
   38         (a) There shall be one nonvoting, ex officio member of The
   39  board who shall be appointed by the secretary of the department
   40  shall appoint an advisor to the board but who must be the
   41  district secretary for one of the department districts within
   42  the eight-county seven-county area of the authority, at the
   43  discretion of the secretary of the department.
   44         (b) The 16 There shall be 15 voting members of the board
   45  shall be as follows:
   46         1. The county commissions of Citrus, Hernando,
   47  Hillsborough, Pasco, Pinellas, Polk, Manatee, and Sarasota
   48  Counties shall each appoint one elected official to the board.
   49  Members appointed under this subparagraph shall serve 2-year
   50  terms with not more than three consecutive terms being served by
   51  any person. If a member under this subparagraph leaves elected
   52  office, a vacancy exists on the board to be filled as provided
   53  in this subparagraph.
   54         2. The West Central Florida M.P.O. Chairs Coordinating
   55  Committee shall appoint one member to the board who must be a
   56  chair of one of the six metropolitan planning organizations in
   57  the region. The member appointed under this subparagraph shall
   58  serve a 2-year term with not more than three consecutive terms
   59  being served by any person.
   60         3.a. Two members of the board shall be the mayor, or the
   61  mayor’s designee, of the largest municipality within the service
   62  area of each of the following independent transit agencies or
   63  their legislatively created successor agencies: Pinellas
   64  Suncoast Transit Authority and Hillsborough Area Regional
   65  Transit Authority. The largest municipality is that municipality
   66  with the largest population as determined by the most recent
   67  United States Decennial Census.
   68         b. Should a mayor choose not to serve, his or her designee
   69  must be an elected official selected by the mayor from that
   70  largest municipality’s city council or city commission. A mayor
   71  or his or her designee shall serve a 2-year term with not more
   72  than three consecutive terms being served by any person.
   73         c. A designee’s term ends if the mayor leaves office for
   74  any reason. If a designee leaves elected office on the city
   75  council or commission, a vacancy exists on the board to be
   76  filled by the mayor of that municipality as provided in sub
   77  subparagraph a.
   78         d. A mayor who has served three consecutive terms on the
   79  board must designate an elected official from that largest
   80  municipality’s city council or city commission to serve on the
   81  board for at least one term.
   82         4.a. One membership on the board shall rotate every 2 years
   83  between the mayor, or his or her designee, of the largest
   84  municipality within Manatee County and the mayor, or his or her
   85  designee, of the largest municipality within Sarasota County.
   86  The mayor, or his or her designee, from the largest municipality
   87  within Manatee County shall serve the first 2-year term. The
   88  largest municipality is that municipality with the largest
   89  population as determined by the most recent United States
   90  Decennial Census.
   91         b. Should a mayor choose not to serve, his or her designee
   92  must be an elected official selected by the mayor from that
   93  municipality’s city council or city commission.
   94         5. The Governor shall appoint to the board four business
   95  representatives, each of whom must reside in one of the eight
   96  seven counties governed by the authority, none of whom may be
   97  elected officials, and at least one but not more than two of
   98  whom shall represent counties within the federally designated
   99  Tampa Bay Transportation Management Area. Members appointed by
  100  the Governor shall serve 3-year terms with not more than two
  101  consecutive terms being served by any person.
  102         (c) Appointments may be staggered to avoid mass turnover at
  103  the end of any 2-year or 4-year period. A vacancy during a term
  104  shall be filled by the respective appointing authority within 90
  105  days in the same manner as the original appointment and only for
  106  the remainder of the unexpired term.
  107         Section 35. Subsection (1) and paragraphs (c) through (e)
  108  of subsection (3) of section 343.922, Florida Statutes, are
  109  amended to read:
  110         343.922 Powers and duties.—
  111         (1) The express purposes of the authority are to improve
  112  mobility and expand multimodal transportation options for
  113  passengers and freight throughout the eight-county seven-county
  114  Tampa Bay region.
  115         (3)
  116         (c) Before the adoption of the master plan, the authority
  117  shall hold at least one public meeting in each of the eight
  118  seven counties within the designated region. At least one public
  119  hearing must be held before the authority’s board.
  120         (d) After its adoption, the master plan shall be updated
  121  every 5 2 years before July 1.
  122         (e) The authority shall present the original master plan
  123  and updates to the governing bodies of the counties within the
  124  eight-county seven-county region, to the West Central Florida
  125  M.P.O. Chairs Coordinating Committee, and to the legislative
  126  delegation members representing those counties within 90 days
  127  after adoption.
  129  ================= T I T L E  A M E N D M E N T ================
  130  And the title is amended as follows:
  131         Delete lines 2 - 178
  132  and insert:
  133         An act relating to transportation; amending s.
  134         61.13016, F.S.; revising notification requirements
  135         with respect to the suspension of the driver license
  136         of a child support obligor; requiring delinquent child
  137         support obligors to provide certain documentation
  138         within a specified period in order to prevent the
  139         suspension of his or her driver license; amending s.
  140         316.003, F.S.; defining the terms “sanitation vehicle”
  141         and “utility service vehicle” for purposes of the
  142         Florida Uniform Traffic Control Law; creating s.
  143         316.0778, F.S.; defining the term “automated license
  144         plate recognition system”; requiring the Department of
  145         State to consult with the Department of Law
  146         Enforcement in establishing a retention schedule for
  147         records generated by the use of an automated license
  148         plate recognition system; amending s. 316.126, F.S.;
  149         requiring a driver to change lanes when approaching a
  150         sanitation or utility service vehicle performing a
  151         service-related task on the roadside; amending s.
  152         316.193, F.S.; authorizing the court to order the
  153         placement of an ignition interlock device for certain
  154         first-time offenders of driving under the influence;
  155         authorizing the court to dismiss an order of
  156         impoundment or immobilization as a result of driving
  157         under the influence if the defendant provides proof to
  158         the court of the installation of a functioning,
  159         certified ignition interlock device; authorizing the
  160         court to order sobriety and drug monitoring in
  161         addition to specified ignition interlock device
  162         requirements; defining terms; amending s. 316.1937,
  163         F.S.; providing requirements for a person otherwise
  164         required to have an installed ignition interlock
  165         device to operate a leased motor vehicle in the course
  166         and scope of employment without installation of such
  167         device; amending s. 316.1938, F.S.; revising
  168         requirements for certification of ignition interlock
  169         devices; requiring contracts between the department
  170         and ignition interlock device service providers;
  171         providing contract requirements; requiring the
  172         provider to maintain confidentiality under specified
  173         provisions; providing for application of specified
  174         provisions; amending s. 316.1975, F.S.; providing that
  175         certain requirements for an unattended vehicle do not
  176         apply to a vehicle that is started by remote control
  177         under certain circumstances; amending s. 316.2126,
  178         F.S.; revising the timeframe for the authorized use of
  179         golf carts, low-speed vehicles, and utility vehicles
  180         related to seasonal delivery personnel; amending s.
  181         316.2952, F.S.; revising a provision exempting a
  182         global position system device or similar satellite
  183         receiver device from the prohibition of attachments on
  184         windshields; amending s. 316.86, F.S.; revising
  185         provisions relating to the operation of vehicles
  186         equipped with autonomous technology on state roads for
  187         testing purposes; authorizing certain research
  188         organizations to operate such vehicles; deleting an
  189         obsolete provision; amending s. 318.15, F.S.;
  190         prohibiting the department from accepting the
  191         resubmission of certain driver license suspensions;
  192         amending s. 318.18, F.S.; providing for a clerk of
  193         court to designate a local governmental entity for
  194         disposition of certain parking citations; authorizing
  195         such entity to retain the processing fee; amending s.
  196         320.02, F.S.; requiring the department to withhold the
  197         renewal of registration or replacement registration of
  198         a motor vehicle identified in a notice submitted by a
  199         lienor for failure to surrender the vehicle; providing
  200         conditions under which a revalidation sticker or
  201         replacement license plate may be issued; amending ss.
  202         320.08056 and 320.08058, F.S.; revising the names of
  203         certain specialty license plates; revising
  204         distribution of revenue received from the sale of a
  205         certain plate; revising requirements for the use of
  206         specialty license plate annual use fees; defining the
  207         term “administrative expenses”; amending s. 320.089,
  208         F.S.; creating a new military-related special use
  209         license plate that will be stamped with the word
  210         “Veteran”; amending s. 320.08062, F.S.; revising audit
  211         and attestation requirements for specialty license
  212         plate organizations and the department; revising
  213         procedures for discontinuance of revenue payments and
  214         deauthorization of a plate; directing the department
  215         to notify the Legislature within a certain timeframe
  216         if an organization has failed to use revenue in
  217         accordance with specified provisions; amending s.
  218         320.083, F.S.; revising the requirements for a special
  219         license plate for certain amateur radio operators;
  220         amending s. 320.1316, F.S.; prohibiting the department
  221         from issuing a license plate, revalidation sticker, or
  222         replacement license plate for a vehicle, or a vessel
  223         registration number or decal for a vessel, identified
  224         in a notice from a lienor; requiring that a notice to
  225         surrender a vehicle or vessel be signed under oath by
  226         the lienor; authorizing a registered owner of a
  227         vehicle or vessel to bring a civil action to dispute a
  228         notice to surrender a vehicle or vessel or his or her
  229         inclusion on the list of persons who may not be issued
  230         a license plate, revalidation sticker, replacement
  231         license plate, or vessel registration number or decal;
  232         providing procedures for such a civil action;
  233         providing for the award of attorney fees and costs;
  234         amending s. 320.771, F.S.; requiring a licensed
  235         recreational vehicle dealer who applies for a
  236         supplemental license to hold certain off-premises
  237         sales to notify the local department office of the
  238         dates and location for such sales; specifying
  239         requirements for licensed recreational vehicle dealers
  240         to hold such sales; creating s. 322.032, F.S.;
  241         requiring the department to begin to review and
  242         prepare for the development of a system for issuing an
  243         optional digital proof of driver license; authorizing
  244         the department to contract with private entities to
  245         develop the system; providing requirements for digital
  246         proof of driver license; providing criminal penalties
  247         for manufacturing or possessing a false digital proof
  248         of driver license; amending s. 322.055, F.S.; reducing
  249         the mandatory period of revocation or suspension of,
  250         or delay in eligibility for, a driver license for
  251         persons convicted of certain drug offenses; requiring
  252         the court to make a determination as to whether a
  253         restricted license would be appropriate for persons
  254         convicted of certain drug offenses; amending s.
  255         322.058, F.S.; requiring the department to reinstate
  256         the driving privilege and allow registration of a
  257         motor vehicle of a child support obligor upon receipt
  258         of an affidavit containing specified information;
  259         amending s. 322.059, F.S.; requiring the department to
  260         invalidate the digital proof of driver license for a
  261         person whose license or registration has been
  262         suspended; amending s. 322.141, F.S.; revising
  263         requirements for special markings on driver licenses
  264         and state identification cards for persons designated
  265         as sexual predators or subject to registration as
  266         sexual offenders to include persons so designated or
  267         subject to registration under the laws of another
  268         jurisdiction; amending s. 322.143, F.S.; providing for
  269         a first responder, emergency medical technician, or
  270         other authorized health care practitioner to access
  271         medical information through use of a person’s driver
  272         license or identification card under certain
  273         conditions; amending s. 322.15, F.S.; authorizing a
  274         digital proof of driver license to be accepted in lieu
  275         of a physical driver license; amending s. 322.27,
  276         F.S.; providing for a clerk of court to remove a
  277         habitual traffic offender designation if the offender
  278         meets certain conditions; amending s. 322.2715, F.S.;
  279         authorizing ignition interlock device installation for
  280         at least 6 continuous months for a first offense of
  281         driving under the influence; creating s. 322.276,
  282         F.S.; authorizing the department to issue a driver
  283         license to a person whose license is suspended or
  284         revoked in another state under certain circumstances;
  285         amending s. 323.002, F.S.; providing that an
  286         unauthorized wrecker operator’s wrecker, tow truck, or
  287         other motor vehicle used during certain offenses may
  288         be immediately removed and impounded; requiring an
  289         unauthorized wrecker operator to disclose in writing
  290         to the owner or operator of a motor vehicle certain
  291         information; requiring the unauthorized wrecker
  292         operator to provide a copy of the disclosure to the
  293         owner or operator in the presence of a law enforcement
  294         officer if such officer is at the scene of a motor
  295         vehicle accident; authorizing a law enforcement
  296         officer from a local governmental agency or state law
  297         enforcement agency to cause to be removed and
  298         impounded from the scene of a wrecked or disabled
  299         vehicle an unauthorized wrecker, tow truck, or other
  300         motor vehicle; authorizing the authority that caused
  301         the removal and impoundment to assess a cost recovery
  302         fine; requiring a release form; requiring the wrecker,
  303         tow truck, or other motor vehicle to remain impounded
  304         until the fine is paid; providing the amounts for the
  305         cost recovery fine for first and subsequent
  306         violations; requiring the unauthorized wrecker
  307         operator to pay the fees associated with the removal
  308         and storage of the wrecker, tow truck, or other motor
  309         vehicle; amending s. 343.91, F.S.; adding Polk County
  310         to the list of counties covered under the Tampa Bay
  311         Area Regional Transportation Authority; amending s.
  312         343.92, F.S.; revising the voting membership of the
  313         governing board of the Tampa Bay Area Regional
  314         Transportation Authority; amending s. 343.922, F.S.;
  315         conforming provisions to changes made by the act;
  316         amending s. 526.141, F.S.; requiring self-