Florida Senate - 2016                      CS for CS for SB 1392
       By the Committees on Appropriations; and Transportation; and
       Senator Brandes
       576-04484-16                                          20161392c2
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 311.12,
    3         F.S.; establishing the Seaport Security Advisory
    4         Committee under the direction of the Florida Seaport
    5         Transportation and Economic Development Council;
    6         providing membership and duties; directing the council
    7         to establish a Seaport Security Grant Program to
    8         assist in the implementation of security at specified
    9         seaports; directing the council to review
   10         applications, make recommendations to the council, and
   11         adopt rules; amending s. 316.003, F.S.; defining the
   12         term “driver-assistive truck platooning technology;
   13         directing the Department of Transportation to study
   14         the operation of driver-assistive truck platooning
   15         technology; authorizing the department to conduct a
   16         pilot project to test such operation; providing
   17         security requirements; requiring a report to the
   18         Governor and the Legislature; amending s. 316.0745,
   19         F.S.; revising the circumstances under which the
   20         Department of Transportation is authorized to direct
   21         the removal of certain traffic control devices;
   22         requiring the public agency erecting or installing
   23         such a device to bring it into compliance with certain
   24         requirements or remove it upon the direction of the
   25         department; amending s. 316.235, F.S.; revising
   26         specifications for bus deceleration lighting systems;
   27         amending s. 316.303, F.S.; revising the prohibition
   28         from operating, under certain circumstances, a motor
   29         vehicle that is equipped with television-type
   30         receiving equipment; providing exceptions to the
   31         prohibition against displaying moving television
   32         broadcast or pre-recorded video entertainment content
   33         in vehicles; amending s. 316.640, F.S.; expanding the
   34         authority of a chartered municipal parking enforcement
   35         specialist to enforce state, county, and municipal
   36         parking laws and ordinances within the boundaries of
   37         certain counties pursuant to a memorandum of
   38         understanding; amending s. 316.85, F.S.; revising the
   39         circumstances under which a licensed driver is
   40         authorized to operate an autonomous vehicle in
   41         autonomous mode; amending s. 316.86, F.S.; deleting a
   42         provision authorizing the operation of vehicles
   43         equipped with autonomous technology on roads in this
   44         state for testing purposes by certain persons or
   45         research organizations; deleting a requirement that a
   46         human operator be present in an autonomous vehicle for
   47         testing purposes; deleting certain financial
   48         responsibility requirements for entities performing
   49         such testing; amending s. 319.145, F.S.; revising
   50         provisions relating to required equipment and
   51         operation of autonomous vehicles; amending s. 320.525,
   52         F.S.; revising the definition of the term “port
   53         vehicles and equipment”; amending s. 332.08, F.S.;
   54         extending the authorized term of certain airport
   55         related leases; creating s. 335.085, F.S.; providing a
   56         short title; requiring the department to install
   57         roadside barriers to shield water bodies contiguous
   58         with state roads at certain locations by a specified
   59         date under certain circumstances; providing
   60         applicability; requiring the department to review
   61         specified information related to certain motor vehicle
   62         accidents on state roads contiguous with water bodies
   63         which occurred during a specified timeframe, subject
   64         to certain requirements; requiring the department to
   65         submit a report to the Legislature by a specified
   66         date, subject to certain requirements; amending s.
   67         337.0261, F.S.; requiring local governments to
   68         consider information provided by the department
   69         regarding the effect that approving or denying certain
   70         regulations may have on the cost of construction
   71         aggregate materials in the local area, the region, and
   72         the state; amending s. 337.18, F.S.; revising
   73         conditions for waiver of a required surety bond;
   74         amending s. 338.165, F.S.; deleting an authorization
   75         to issue certain bonds secured by toll revenues
   76         collected on the Beeline-East Expressway, the Navarre
   77         Bridge, and the Pinellas Bayway; authorizing the
   78         department’s Pinellas Bayway System to be transferred
   79         by the department and become part of the turnpike
   80         system under the Florida Turnpike Enterprise Law;
   81         providing applicability; requiring the department to
   82         transfer certain funds to the Florida Turnpike
   83         Enterprise for certain purposes; repealing chapter 85
   84         364, Laws of Florida, as amended, relating to the
   85         Pinellas Bayway; amending s. 338.231, F.S.; increasing
   86         the number of years before an inactive prepaid toll
   87         account shall be presumed unclaimed; deleting
   88         provisions relating to the use of revenues from the
   89         turnpike system to pay the principal and interest of a
   90         specified series of bonds and certain expenses of the
   91         Sawgrass Expressway; amending s. 339.175, F.S.;
   92         requiring certain long-range transportation plans to
   93         include assessment of capital investment and other
   94         measures necessary to make the most efficient use of
   95         existing transportation facilities to improve safety;
   96         requiring the assessments to include consideration of
   97         infrastructure and technological improvements
   98         necessary to accommodate advances in vehicle
   99         technology; amending s. 339.2818, F.S.; increasing the
  100         population ceiling in the definition of the term
  101         “small county” for purposes of the Small County
  102         Outreach Program; deleting an alternative definition
  103         of the term “small county” for a specified fiscal
  104         year; amending s. 339.55, F.S.; revising the purpose
  105         of the state-funded infrastructure bank within the
  106         department to include constructing and improving
  107         ancillary facilities that produce or distribute
  108         natural gas or fuel; authorizing the department to
  109         consider applications for loans from the bank for
  110         development and construction of natural gas fuel
  111         production or distribution facilities used primarily
  112         to support transportation activities at seaports or
  113         intermodal facilities beginning on a specified date;
  114         authorizing use of such loans to refinance outstanding
  115         debt; amending s. 339.64, F.S.; requiring the
  116         department to coordinate with certain partners and
  117         industry representatives to consider infrastructure
  118         and technological improvements necessary to
  119         accommodate advances in vehicle technology in
  120         Strategic Intermodal System facilities; requiring the
  121         Strategic Intermodal System Plan to include a needs
  122         assessment regarding such infrastructure and
  123         technological improvements; repealing s. 341.0532,
  124         F.S., relating to statewide transportation corridors;
  125         amending s. 343.92, F.S.; increasing the members on
  126         the governing board of the Tampa Bay Area Regional
  127         Transportation Authority; requiring the secretary of
  128         the department to appoint two advisors to the board
  129         subject to certain requirements, rather than
  130         appointing one nonvoting, ex officio member of the
  131         board; amending s. 343.922, F.S.; requiring the
  132         authority to present a certain master plan and updates
  133         to, and coordinate projects and plans with, the Tampa
  134         Bay Area Regional Transportation Authority (TBARTA)
  135         Metropolitan Planning Organization Chairs Coordinating
  136         Committee, rather than the West Central Florida M.P.O.
  137         Chairs Coordinating Committee; requiring the authority
  138         to provide certain administrative support and
  139         direction to the TBARTA Metropolitan Planning
  140         Organization Chairs Coordinating Committee; amending
  141         s. 348.565, F.S.; expanding the list of projects of
  142         the Tampa-Hillsborough County Expressway Authority
  143         which are approved to be financed or refinanced by the
  144         issuance of certain revenue bonds; amending s. 479.16,
  145         F.S.; exempting certain signs from a specified permit,
  146         subject to certain requirements and restrictions;
  147         providing an effective date.
  149  Be It Enacted by the Legislature of the State of Florida:
  151         Section 1. Subsections (5) and (6) are added to section
  152  311.12, Florida Statutes, to read:
  153         311.12 Seaport security.—
  154         (5) ADVISORY COMMITTEE.—
  155         (a) There is created the Seaport Security Advisory
  156  Committee, which shall be under the direction of the Florida
  157  Seaport Transportation and Economic Development Council.
  158         (b) The committee shall consist of the following members:
  159         1. Five or more port security directors appointed by the
  160  council chair shall serve as voting members. The council chair
  161  shall designate one member of the committee to serve as
  162  committee chair.
  163         2. A designee from the United States Coast Guard shall
  164  serve ex officio as a nonvoting member.
  165         3. A designee from United States Customs and Border
  166  Protection shall serve ex officio as a nonvoting member.
  167         4. Two representatives from local law enforcement agencies
  168  providing security services at a Florida seaport shall serve ex
  169  officio as nonvoting members.
  170         (c) The committee shall meet at the call of the chair but
  171  at least annually. A majority of the voting members constitutes
  172  a quorum for the purpose of transacting business of the
  173  committee, and a vote of the majority of the voting members
  174  present is required for official action by the committee.
  175         (d) The committee shall provide a forum for discussion of
  176  seaport security issues, including, but not limited to, matters
  177  such as national and state security strategy and policy, actions
  178  required to meet current and future security threats, statewide
  179  cooperation on security issues, and security concerns of the
  180  state’s maritime industry.
  181         (6) GRANT PROGRAM.—
  182         (a) The Florida Seaport Transportation and Economic
  183  Development Council shall establish a Seaport Security Grant
  184  Program for the purpose of assisting in the implementation of
  185  security plans and security measures at the seaports listed in
  186  s. 311.09(1). Funds may be used for the purchase of equipment,
  187  infrastructure needs, cybersecurity programs, and other security
  188  measures identified in a seaport’s approved federal security
  189  plan. Such grants may not exceed 75 percent of the total cost of
  190  the request and are subject to legislative appropriation.
  191         (b) The Seaport Security Advisory Committee shall review
  192  applications for the grant program and make recommendations to
  193  the council for grant approvals. The council shall adopt by rule
  194  criteria to implement this subsection.
  195         Section 2. Present subsections (91), (92), and (93) of
  196  section 316.003, Florida Statutes, are redesignated as
  197  subsections (92), (93), and (94), respectively, and a new
  198  subsection (91) is added to that section to read:
  200  automation and safety technology that integrates sensor array,
  201  wireless vehicle-to-vehicle communications, active safety
  202  systems, and specialized software to link safety systems and
  203  synchronize acceleration and braking between two vehicles while
  204  leaving each vehicle’s steering control and systems command in
  205  the control of the vehicle’s driver in compliance with the
  206  National Highway Traffic Safety Administration rules regarding
  207  vehicle-to-vehicle communications.
  208         Section 3. The Department of Transportation, in
  209  consultation with the Department of Highway Safety and Motor
  210  Vehicles, shall study the use and safe operation of driver
  211  assistive truck platooning technology, as defined in s. 316.003,
  212  Florida Statutes, for the purpose of developing a pilot project
  213  to test vehicles that are equipped to operate using driver
  214  assistive truck platooning technology.
  215         (1)Upon conclusion of the study, the Department of
  216  Transportation, in consultation with the Department of Highway
  217  Safety and Motor Vehicles, may conduct a pilot project to test
  218  the use and safe operation of vehicles equipped with driver
  219  assistive truck platooning technology.
  220         (2)Notwithstanding ss. 316.0895 and 316.303, Florida
  221  Statutes, the Department of Transportation may conduct the pilot
  222  project in such a manner and at such locations as determined by
  223  the Department of Transportation based on the study.
  224         (3)Before the start of the pilot project, manufacturers of
  225  driver–assistive truck platooning technology being tested in the
  226  pilot project must submit to the Department of Highway Safety
  227  and Motor Vehicles an instrument of insurance, a surety bond, or
  228  proof of self-insurance acceptable to the department in the
  229  amount of $5 million.
  230         (4)Upon conclusion of the pilot project, the Department of
  231  Transportation, in consultation with the Department of Highway
  232  Safety and Motor Vehicles, shall submit the results of the study
  233  and any findings or recommendations from the pilot project to
  234  the Governor, the President of the Senate, and the Speaker of
  235  the House of Representatives.
  236         Section 4. Subsection (7) of section 316.0745, Florida
  237  Statutes, is amended to read:
  238         316.0745 Uniform signals and devices.—
  239         (7) The Department of Transportation may, upon receipt and
  240  investigation of reported noncompliance and is authorized, after
  241  hearing pursuant to 14 days’ notice, to direct the removal of
  242  any purported traffic control device that fails to meet the
  243  requirements of this section, wherever the device is located and
  244  without regard to assigned responsibility under s. 316.1895
  245  which fails to meet the requirements of this section. The public
  246  agency erecting or installing the same shall immediately bring
  247  it into compliance with the requirements of this section or
  248  remove said device or signal upon the direction of the
  249  Department of Transportation and may not, for a period of 5
  250  years, install any replacement or new traffic control devices
  251  paid for in part or in full with revenues raised by the state
  252  unless written prior approval is received from the Department of
  253  Transportation. Any additional violation by a public body or
  254  official shall be cause for the withholding of state funds for
  255  traffic control purposes until such public body or official
  256  demonstrates to the Department of Transportation that it is
  257  complying with this section.
  258         Section 5. Subsection (5) of section 316.235, Florida
  259  Statutes, is amended to read:
  260         316.235 Additional lighting equipment.—
  261         (5) A bus, as defined in s. 316.003(3), may be equipped
  262  with a deceleration lighting system that which cautions
  263  following vehicles that the bus is slowing, is preparing to
  264  stop, or is stopped. Such lighting system shall consist of red
  265  or amber lights mounted in horizontal alignment on the rear of
  266  the vehicle at or near the vertical centerline of the vehicle,
  267  no greater than 12 inches apart, not higher than the lower edge
  268  of the rear window or, if the vehicle has no rear window, not
  269  higher than 100 72 inches from the ground. Such lights shall be
  270  visible from a distance of not less than 300 feet to the rear in
  271  normal sunlight. Lights are permitted to light and flash during
  272  deceleration, braking, or standing and idling of the bus.
  273  Vehicular hazard warning flashers may be used in conjunction
  274  with or in lieu of a rear-mounted deceleration lighting system.
  275         Section 6. Subsections (1) and (3) of section 316.303,
  276  Florida Statutes, are amended to read:
  277         316.303 Television receivers.—
  278         (1) No motor vehicle may be operated on the highways of
  279  this state if the vehicle is actively displaying moving
  280  television broadcast or pre-recorded video entertainment content
  281  that is shall be equipped with television-type receiving
  282  equipment so located that the viewer or screen is visible from
  283  the driver’s seat while the vehicle is in motion, unless the
  284  vehicle is equipped with autonomous technology, as defined in s.
  285  316.003(90), and is being operated in autonomous mode, as
  286  provided in s. 316.85(2).
  287         (3) This section does not prohibit the use of an electronic
  288  display used in conjunction with a vehicle navigation system; an
  289  electronic display used by an operator of a vehicle equipped
  290  with autonomous technology, as defined in s. 316.003(90); or an
  291  electronic display used by an operator of a vehicle equipped and
  292  operating with driver-assistive truck platooning technology, as
  293  defined in s. 316.003.
  294         Section 7. Paragraph (c) of subsection (3) of section
  295  316.640, Florida Statutes, is amended to read:
  296         316.640 Enforcement.—The enforcement of the traffic laws of
  297  this state is vested as follows:
  298         (3) MUNICIPALITIES.—
  299         (c)1. A chartered municipality or its authorized agency or
  300  instrumentality may employ as a parking enforcement specialist
  301  any individual who successfully completes a training program
  302  established and approved by the Criminal Justice Standards and
  303  Training Commission for parking enforcement specialists, but who
  304  does not otherwise meet the uniform minimum standards
  305  established by the commission for law enforcement officers or
  306  auxiliary or part-time officers under s. 943.12.
  307         2. A parking enforcement specialist employed by a chartered
  308  municipality or its authorized agency or instrumentality is
  309  authorized to enforce all state, county, and municipal laws and
  310  ordinances governing parking within the boundaries of the
  311  municipality employing the specialist, or, pursuant to a
  312  memorandum of understanding between the county and the
  313  municipality, within the boundaries of the county in which the
  314  chartered municipality or its authorized agency or
  315  instrumentality is located, by appropriate state, county, or
  316  municipal traffic citation.
  317         3. A parking enforcement specialist employed pursuant to
  318  this subsection may not carry firearms or other weapons or have
  319  arrest authority.
  320         Section 8. Subsection (1) of section 316.85, Florida
  321  Statutes, is amended to read:
  322         316.85 Autonomous vehicles; operation.—
  323         (1) A person who possesses a valid driver license may
  324  operate an autonomous vehicle in autonomous mode on roads in
  325  this state if the vehicle is equipped with autonomous
  326  technology, as defined in s. 316.003(90).
  327         Section 9. Section 316.86, Florida Statutes, is amended to
  328  read:
  329         316.86 Operation of vehicles equipped with autonomous
  330  technology on roads for testing purposes; financial
  331  responsibility; Exemption from liability for manufacturer when
  332  third party converts vehicle.—
  333         (1) Vehicles equipped with autonomous technology may be
  334  operated on roads in this state by employees, contractors, or
  335  other persons designated by manufacturers of autonomous
  336  technology, or by research organizations associated with
  337  accredited educational institutions, for the purpose of testing
  338  the technology. For testing purposes, a human operator shall be
  339  present in the autonomous vehicle such that he or she has the
  340  ability to monitor the vehicle’s performance and intervene, if
  341  necessary, unless the vehicle is being tested or demonstrated on
  342  a closed course. Before the start of testing in this state, the
  343  entity performing the testing must submit to the department an
  344  instrument of insurance, surety bond, or proof of self-insurance
  345  acceptable to the department in the amount of $5 million.
  346         (2) The original manufacturer of a vehicle converted by a
  347  third party into an autonomous vehicle is shall not be liable
  348  in, and shall have a defense to and be dismissed from, any legal
  349  action brought against the original manufacturer by any person
  350  injured due to an alleged vehicle defect caused by the
  351  conversion of the vehicle, or by equipment installed by the
  352  converter, unless the alleged defect was present in the vehicle
  353  as originally manufactured.
  354         Section 10. Subsection (1) of section 319.145, Florida
  355  Statutes, is amended to read:
  356         319.145 Autonomous vehicles.—
  357         (1) An autonomous vehicle registered in this state must
  358  continue to meet applicable federal standards and regulations
  359  for such a motor vehicle. The vehicle must shall:
  360         (a) Have a system to safely alert the operator if an
  361  autonomous technology failure is detected while the autonomous
  362  technology is engaged. When an alert is given, the system must:
  363         1. Require the operator to take control of the autonomous
  364  vehicle; or
  365         2. If the operator does not, or is not able to, take
  366  control of the autonomous vehicle, be capable of bringing the
  367  vehicle to a complete stop Have a means to engage and disengage
  368  the autonomous technology which is easily accessible to the
  369  operator.
  370         (b) Have a means, inside the vehicle, to visually indicate
  371  when the vehicle is operating in autonomous mode.
  372         (c) Have a means to alert the operator of the vehicle if a
  373  technology failure affecting the ability of the vehicle to
  374  safely operate autonomously is detected while the vehicle is
  375  operating autonomously in order to indicate to the operator to
  376  take control of the vehicle.
  377         (c)(d) Be capable of being operated in compliance with the
  378  applicable traffic and motor vehicle laws of this state.
  379         Section 11. Subsection (1) of section 320.525, Florida
  380  Statutes, is amended to read:
  381         320.525 Port vehicles and equipment; definition;
  382  exemption.—
  383         (1) As used in this section, the term “port vehicles and
  384  equipment” means trucks, tractors, trailers, truck cranes, top
  385  loaders, fork lifts, hostling tractors, chassis, or other
  386  vehicles or equipment used for transporting cargo, containers,
  387  or other equipment. The term includes motor vehicles being
  388  relocated within a port facility or via designated port district
  389  roads.
  390         Section 12. Paragraph (c) of subsection (1) of section
  391  332.08, Florida Statutes, is amended to read:
  392         332.08 Additional powers.—
  393         (1) In addition to the general powers in ss. 332.01-332.12
  394  conferred and without limitation thereof, a municipality that
  395  has established or may hereafter establish airports, restricted
  396  landing areas, or other air navigation facilities, or that has
  397  acquired or set apart or may hereafter acquire or set apart real
  398  property for such purposes, is authorized:
  399         (c) To lease for a term not exceeding 50 30 years such
  400  airports or other air navigation facilities, or real property
  401  acquired or set apart for airport purposes, to private parties,
  402  any municipal or state government or the national government, or
  403  any department of either thereof, for operation; to lease or
  404  assign for a term not exceeding 50 30 years to private parties,
  405  any municipal or state government or the national government, or
  406  any department of either thereof, for operation or use
  407  consistent with the purposes of ss. 332.01-332.12, space, area,
  408  improvements, or equipment on such airports; to sell any part of
  409  such airports, other air navigation facilities, or real property
  410  to any municipal or state government, or the United States or
  411  any department or instrumentality thereof, for aeronautical
  412  purposes or purposes incidental thereto, and to confer the
  413  privileges of concessions of supplying upon its airports goods,
  414  commodities, things, services, and facilities; provided, that in
  415  each case in so doing the public is not deprived of its rightful
  416  equal and uniform use thereof.
  417         Section 13. Section 335.085, Florida Statutes, is created
  418  to read:
  419         335.085Installation of roadside barriers along certain
  420  water bodies contiguous with state roads.—
  421         (1) This section shall be cited as “Chloe’s Law.”
  422         (2) By June 30, 2018, the department shall install roadside
  423  barriers to shield water bodies contiguous with state roads at
  424  locations where a death due to drowning resulted from a motor
  425  vehicle accident in which a vehicle departed the adjacent state
  426  road during the period between July 1, 2006, and July 1, 2016.
  427  This requirement does not apply to any location at which the
  428  department’s chief engineer determines, based on engineering
  429  principles, that installation of a barrier would increase the
  430  risk of injury to motorists traveling on the adjacent state
  431  road.
  432         Section 14. The Department of Transportation shall review
  433  all motor vehicle accidents that resulted in death due to
  434  drowning in a water body contiguous with a state road and that
  435  occurred during the period between July 1, 2006, and July 1,
  436  2016. The department shall use the reconciled crash data
  437  received from the Department of Highway Safety and Motor
  438  Vehicles and shall submit a report to the President of the
  439  Senate and the Speaker of the House of Representatives by
  440  January 3, 2017, providing recommendations regarding any
  441  necessary changes to state laws and department rules to enhance
  442  traffic safety.
  443         Section 15. Subsection (3) of section 337.0261, Florida
  444  Statutes, is amended to read:
  445         337.0261 Construction aggregate materials.—
  446         (3) LOCAL GOVERNMENT DECISIONMAKING.—A No local government
  447  may not shall approve or deny a proposed land use zoning change,
  448  comprehensive plan amendment, land use permit, ordinance, or
  449  order regarding construction aggregate materials without
  450  considering any information provided by the Department of
  451  Transportation regarding the effect such change, amendment,
  452  permit decision, ordinance, or order would have on the
  453  availability, transportation, cost, and potential extraction of
  454  construction aggregate materials on the local area, the region,
  455  and the state. The failure of the Department of Transportation
  456  to provide this information shall not be a basis for delay or
  457  invalidation of the local government action. A No local
  458  government may not impose a moratorium, or combination of
  459  moratoria, of more than 12 months’ duration on the mining or
  460  extraction of construction aggregate materials, commencing on
  461  the date the vote was taken to impose the moratorium. January 1,
  462  2007, shall serve as the commencement of the 12-month period for
  463  moratoria already in place as of July 1, 2007.
  464         Section 16. Paragraph (a) of subsection (1) of section
  465  337.18, Florida Statutes, is amended to read:
  466         337.18 Surety bonds for construction or maintenance
  467  contracts; requirement with respect to contract award; bond
  468  requirements; defaults; damage assessments.—
  469         (1)(a) A surety bond shall be required of the successful
  470  bidder in an amount equal to the awarded contract price.
  471  However, the department may choose, in its discretion and
  472  applicable only to multiyear maintenance contracts, to allow for
  473  incremental annual contract bonds that cumulatively total the
  474  full, awarded, multiyear contract price.
  475         1. The department may waive the requirement for all or a
  476  portion of a surety bond if:
  477         a.For a project for which The contract price is $250,000
  478  or less and, the department may waive the requirement for all or
  479  a portion of a surety bond if it determines that the project is
  480  of a noncritical nature and that nonperformance will not
  481  endanger public health, safety, or property;
  482         b. The prime contractor is a qualified nonprofit agency for
  483  the blind or for the other severely handicapped under s.
  484  413.036(2); or
  485         c. The prime contractor is using a subcontractor that is a
  486  qualified nonprofit agency for the blind or for the other
  487  severely handicapped under s. 413.036(2). However, the
  488  department may not waive more than the amount of the
  489  subcontract.
  490         2. If the Secretary of Transportation or the secretary’s
  491  designee determines that it is in the best interests of the
  492  department to reduce the bonding requirement for a project and
  493  that to do so will not endanger public health, safety, or
  494  property, the department may waive the requirement of a surety
  495  bond in an amount equal to the awarded contract price for a
  496  project having a contract price of $250 million or more and, in
  497  its place, may set a surety bond amount that is a portion of the
  498  total contract price and provide an alternate means of security
  499  for the balance of the contract amount that is not covered by
  500  the surety bond or provide for incremental surety bonding and
  501  provide an alternate means of security for the balance of the
  502  contract amount that is not covered by the surety bond. Such
  503  alternative means of security may include letters of credit,
  504  United States bonds and notes, parent company guarantees, and
  505  cash collateral. The department may require alternate means of
  506  security if a surety bond is waived. The surety on such bond
  507  shall be a surety company authorized to do business in the
  508  state. All bonds shall be payable to the department and
  509  conditioned for the prompt, faithful, and efficient performance
  510  of the contract according to plans and specifications and within
  511  the time period specified, and for the prompt payment of all
  512  persons defined in s. 713.01 furnishing labor, material,
  513  equipment, and supplies for work provided in the contract;
  514  however, whenever an improvement, demolition, or removal
  515  contract price is $25,000 or less, the security may, in the
  516  discretion of the bidder, be in the form of a cashier’s check,
  517  bank money order of any state or national bank, certified check,
  518  or postal money order. The department shall adopt rules to
  519  implement this subsection. Such rules shall include provisions
  520  under which the department shall refuse to accept bonds on
  521  contracts when a surety wrongfully fails or refuses to settle or
  522  provide a defense for claims or actions arising under a contract
  523  for which the surety previously furnished a bond.
  524         Section 17. Subsection (4) of section 338.165, Florida
  525  Statutes, is amended, and subsection (11) is added to that
  526  section, to read:
  527         338.165 Continuation of tolls.—
  528         (4) Notwithstanding any other law to the contrary, pursuant
  529  to s. 11, Art. VII of the State Constitution, and subject to the
  530  requirements of subsection (2), the Department of Transportation
  531  may request the Division of Bond Finance to issue bonds secured
  532  by toll revenues collected on the Alligator Alley and, the
  533  Sunshine Skyway Bridge, the Beeline-East Expressway, the Navarre
  534  Bridge, and the Pinellas Bayway to fund transportation projects
  535  located within the county or counties in which the project is
  536  located and contained in the adopted work program of the
  537  department.
  538         (11) The department’s Pinellas Bayway System may be
  539  transferred by the department and become part of the turnpike
  540  system under the Florida Turnpike Enterprise Law. The transfer
  541  does not affect the rights of the parties, or their successors
  542  in interest, under the settlement agreement and final judgment
  543  in Leonard Lee Ratner, Esther Ratner, and Leeco Gas and Oil Co.
  544  v. State Road Department of the State of Florida, No. 67-1081
  545  (Fla. 2nd Cir. Ct. 1968). Upon transfer of the Pinellas Bayway
  546  System to the turnpike system, the department shall also
  547  transfer to the Florida Turnpike Enterprise the funds deposited
  548  in the reserve account established by chapter 85-364, Laws of
  549  Florida, as amended by chapters 95-382 and 2014-223, Laws of
  550  Florida, which funds shall be used by the Florida Turnpike
  551  Enterprise solely to help fund the costs of repair or
  552  replacement of the transferred facilities.
  553         Section 18. Chapter 85-364, Laws of Florida, as amended by
  554  chapter 95-382 and section 48 of chapter 2014-223, Laws of
  555  Florida, is repealed.
  556         Section 19. Paragraph (c) of subsection (3) and subsections
  557  (5) and (6) of section 338.231, Florida Statutes, are amended to
  558  read:
  559         338.231 Turnpike tolls, fixing; pledge of tolls and other
  560  revenues.—The department shall at all times fix, adjust, charge,
  561  and collect such tolls and amounts for the use of the turnpike
  562  system as are required in order to provide a fund sufficient
  563  with other revenues of the turnpike system to pay the cost of
  564  maintaining, improving, repairing, and operating such turnpike
  565  system; to pay the principal of and interest on all bonds issued
  566  to finance or refinance any portion of the turnpike system as
  567  the same become due and payable; and to create reserves for all
  568  such purposes.
  569         (3)
  570         (c) Notwithstanding any other provision of law to the
  571  contrary, any prepaid toll account of any kind which has
  572  remained inactive for 10 3 years shall be presumed unclaimed and
  573  its disposition shall be handled by the Department of Financial
  574  Services in accordance with all applicable provisions of chapter
  575  717 relating to the disposition of unclaimed property, and the
  576  prepaid toll account shall be closed by the department.
  577         (5) In each fiscal year while any of the bonds of the
  578  Broward County Expressway Authority series 1984 and series 1986
  579  A remain outstanding, the department is authorized to pledge
  580  revenues from the turnpike system to the payment of principal
  581  and interest of such series of bonds and the operation and
  582  maintenance expenses of the Sawgrass Expressway, to the extent
  583  gross toll revenues of the Sawgrass Expressway are insufficient
  584  to make such payments. The terms of an agreement relative to the
  585  pledge of turnpike system revenue will be negotiated with the
  586  parties of the 1984 and 1986 Broward County Expressway Authority
  587  lease-purchase agreements, and subject to the covenants of those
  588  agreements. The agreement must establish that the Sawgrass
  589  Expressway is subject to the planning, management, and operating
  590  control of the department limited only by the terms of the
  591  lease-purchase agreements. The department shall provide for the
  592  payment of operation and maintenance expenses of the Sawgrass
  593  Expressway until such agreement is in effect. This pledge of
  594  turnpike system revenues is subordinate to the debt service
  595  requirements of any future issue of turnpike bonds, the payment
  596  of turnpike system operation and maintenance expenses, and
  597  subject to any subsequent resolution or trust indenture relating
  598  to the issuance of such turnpike bonds.
  599         (5)(6) The use and disposition of revenues pledged to bonds
  600  are subject to ss. 338.22-338.241 and such regulations as the
  601  resolution authorizing the issuance of the bonds or such trust
  602  agreement may provide.
  603         Section 20. Paragraph (c) of subsection (7) of section
  604  339.175, Florida Statutes, is amended to read:
  605         339.175 Metropolitan planning organization.—
  606         (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
  607  develop a long-range transportation plan that addresses at least
  608  a 20-year planning horizon. The plan must include both long
  609  range and short-range strategies and must comply with all other
  610  state and federal requirements. The prevailing principles to be
  611  considered in the long-range transportation plan are: preserving
  612  the existing transportation infrastructure; enhancing Florida’s
  613  economic competitiveness; and improving travel choices to ensure
  614  mobility. The long-range transportation plan must be consistent,
  615  to the maximum extent feasible, with future land use elements
  616  and the goals, objectives, and policies of the approved local
  617  government comprehensive plans of the units of local government
  618  located within the jurisdiction of the M.P.O. Each M.P.O. is
  619  encouraged to consider strategies that integrate transportation
  620  and land use planning to provide for sustainable development and
  621  reduce greenhouse gas emissions. The approved long-range
  622  transportation plan must be considered by local governments in
  623  the development of the transportation elements in local
  624  government comprehensive plans and any amendments thereto. The
  625  long-range transportation plan must, at a minimum:
  626         (c) Assess capital investment and other measures necessary
  627  to:
  628         1. Ensure the preservation of the existing metropolitan
  629  transportation system including requirements for the operation,
  630  resurfacing, restoration, and rehabilitation of major roadways
  631  and requirements for the operation, maintenance, modernization,
  632  and rehabilitation of public transportation facilities; and
  633         2. Make the most efficient use of existing transportation
  634  facilities to relieve vehicular congestion, improve safety, and
  635  maximize the mobility of people and goods. Such efforts must
  636  include, but are not limited to, consideration of infrastructure
  637  and technological improvements necessary to accommodate advances
  638  in vehicle technology, such as autonomous technology and other
  639  developments.
  641  In the development of its long-range transportation plan, each
  642  M.P.O. must provide the public, affected public agencies,
  643  representatives of transportation agency employees, freight
  644  shippers, providers of freight transportation services, private
  645  providers of transportation, representatives of users of public
  646  transit, and other interested parties with a reasonable
  647  opportunity to comment on the long-range transportation plan.
  648  The long-range transportation plan must be approved by the
  649  M.P.O.
  650         Section 21. Subsection (2) of section 339.2818, Florida
  651  Statutes, is amended to read:
  652         339.2818 Small County Outreach Program.—
  653         (2)(a) For the purposes of this section, the term “small
  654  county” means any county that has a population of 170,000
  655  150,000 or less as determined by the most recent official
  656  estimate pursuant to s. 186.901.
  657         (b) Notwithstanding paragraph (a), for the 2015-2016 fiscal
  658  year, for purposes of this section, the term “small county”
  659  means any county that has a population of 165,000 or less as
  660  determined by the most recent official estimate pursuant to s.
  661  186.901. This paragraph expires July 1, 2016.
  662         Section 22. Subsections (1) and (2) of section 339.55,
  663  Florida Statutes, are amended to read:
  664         339.55 State-funded infrastructure bank.—
  665         (1) There is created within the Department of
  666  Transportation a state-funded infrastructure bank for the
  667  purpose of providing loans and credit enhancements to government
  668  units and private entities for use in constructing and improving
  669  transportation facilities or ancillary facilities that produce
  670  or distribute natural gas or fuel.
  671         (2) The bank may lend capital costs or provide credit
  672  enhancements for:
  673         (a) A transportation facility project that is on the State
  674  Highway System or that provides for increased mobility on the
  675  state’s transportation system or provides intermodal
  676  connectivity with airports, seaports, rail facilities, and other
  677  transportation terminals, pursuant to s. 341.053, for the
  678  movement of people and goods.
  679         (b) Projects of the Transportation Regional Incentive
  680  Program which are identified pursuant to s. 339.2819(4).
  681         (c)1. Emergency loans for damages incurred to public-use
  682  commercial deepwater seaports, public-use airports, and other
  683  public-use transit and intermodal facilities that are within an
  684  area that is part of an official state declaration of emergency
  685  pursuant to chapter 252 and all other applicable laws. Such
  686  loans:
  687         a. May not exceed 24 months in duration except in extreme
  688  circumstances, for which the Secretary of Transportation may
  689  grant up to 36 months upon making written findings specifying
  690  the conditions requiring a 36-month term.
  691         b. Require application from the recipient to the department
  692  that includes documentation of damage claims filed with the
  693  Federal Emergency Management Agency or an applicable insurance
  694  carrier and documentation of the recipient’s overall financial
  695  condition.
  696         c. Are subject to approval by the Secretary of
  697  Transportation and the Legislative Budget Commission.
  698         2. Loans provided under this paragraph must be repaid upon
  699  receipt by the recipient of eligible program funding for damages
  700  in accordance with the claims filed with the Federal Emergency
  701  Management Agency or an applicable insurance carrier, but no
  702  later than the duration of the loan.
  703         (d) Beginning July 1, 2017, applications for the
  704  development and construction of natural gas fuel production or
  705  distribution facilities used primarily to support the
  706  transportation activities at seaports or intermodal facilities.
  707  Loans under this paragraph may be used to refinance outstanding
  708  debt.
  709         Section 23. Paragraph (c) is added to subsection (3) of
  710  section 339.64, Florida Statutes, and paragraph (a) of
  711  subsection (4) of that section is amended, to read:
  712         339.64 Strategic Intermodal System Plan.—
  713         (3)
  714         (c) The department shall coordinate with federal, regional,
  715  and local partners, as well as industry representatives, to
  716  consider infrastructure and technological improvements necessary
  717  to accommodate advances in vehicle technology, such as
  718  autonomous technology and other developments, in Strategic
  719  Intermodal System facilities.
  720         (4) The Strategic Intermodal System Plan shall include the
  721  following:
  722         (a) A needs assessment that must include, but is not
  723  limited to, consideration of infrastructure and technological
  724  improvements necessary to accommodate advances in vehicle
  725  technology, such as autonomous technology and other
  726  developments.
  727         Section 24. Section 341.0532, Florida Statutes, is
  728  repealed.
  729         Section 25. Paragraphs (a) and (b) of subsection (2) of
  730  section 343.92, Florida Statutes, are amended to read:
  731         343.92 Tampa Bay Area Regional Transportation Authority.—
  732         (2) The governing board of the authority shall consist of
  733  15 voting 16 members.
  734         (a) There shall be one nonvoting, ex officio member of the
  735  board who shall be appointed by The secretary of the department
  736  shall appoint two advisors to the board but who must be the
  737  district secretary for each one of the department districts
  738  within the seven-county area of the authority, at the discretion
  739  of the secretary of the department.
  740         (b) The There shall be 15 voting members of the board shall
  741  be as follows:
  742         1. The county commissions of Citrus, Hernando,
  743  Hillsborough, Pasco, Pinellas, Manatee, and Sarasota Counties
  744  shall each appoint one elected official to the board. Members
  745  appointed under this subparagraph shall serve 2-year terms with
  746  not more than three consecutive terms being served by any
  747  person. If a member under this subparagraph leaves elected
  748  office, a vacancy exists on the board to be filled as provided
  749  in this subparagraph.
  750         2. The West Central Florida M.P.O. Chairs Coordinating
  751  Committee shall appoint one member to the board who must be a
  752  chair of one of the six metropolitan planning organizations in
  753  the region. The member appointed under this subparagraph shall
  754  serve a 2-year term with not more than three consecutive terms
  755  being served by any person.
  756         3.a. Two members of the board shall be the mayor, or the
  757  mayor’s designee, of the largest municipality within the service
  758  area of each of the following independent transit agencies or
  759  their legislatively created successor agencies: Pinellas
  760  Suncoast Transit Authority and Hillsborough Area Regional
  761  Transit Authority. The largest municipality is that municipality
  762  with the largest population as determined by the most recent
  763  United States Decennial Census.
  764         b. Should a mayor choose not to serve, his or her designee
  765  must be an elected official selected by the mayor from that
  766  largest municipality’s city council or city commission. A mayor
  767  or his or her designee shall serve a 2-year term with not more
  768  than three consecutive terms being served by any person.
  769         c. A designee’s term ends if the mayor leaves office for
  770  any reason. If a designee leaves elected office on the city
  771  council or commission, a vacancy exists on the board to be
  772  filled by the mayor of that municipality as provided in sub
  773  subparagraph a.
  774         d. A mayor who has served three consecutive terms on the
  775  board must designate an elected official from that largest
  776  municipality’s city council or city commission to serve on the
  777  board for at least one term.
  778         4.a. One membership on the board shall rotate every 2 years
  779  between the mayor, or his or her designee, of the largest
  780  municipality within Manatee County and the mayor, or his or her
  781  designee, of the largest municipality within Sarasota County.
  782  The mayor, or his or her designee, from the largest municipality
  783  within Manatee County shall serve the first 2-year term. The
  784  largest municipality is that municipality with the largest
  785  population as determined by the most recent United States
  786  Decennial Census.
  787         b. Should a mayor choose not to serve, his or her designee
  788  must be an elected official selected by the mayor from that
  789  municipality’s city council or city commission.
  790         5. The Governor shall appoint to the board four business
  791  representatives, each of whom must reside in one of the seven
  792  counties governed by the authority, none of whom may be elected
  793  officials, and at least one but not more than two of whom shall
  794  represent counties within the federally designated Tampa Bay
  795  Transportation Management Area. Members appointed by the
  796  Governor shall serve 3-year terms with not more than two
  797  consecutive terms being served by any person.
  798         Section 26. Paragraphs (e) and (f) of subsection (3) of
  799  section 343.922, Florida Statutes, are amended, and paragraph
  800  (g) is added to that subsection, to read:
  801         343.922 Powers and duties.—
  802         (3)
  803         (e) The authority shall present the original master plan
  804  and updates to the governing bodies of the counties within the
  805  seven-county region, to the Tampa Bay Area Regional
  806  Transportation Authority (TBARTA) Metropolitan Planning
  807  Organization West Central Florida M.P.O. Chairs Coordinating
  808  Committee, and to the legislative delegation members
  809  representing those counties within 90 days after adoption.
  810         (f) The authority shall coordinate plans and projects with
  811  the TBARTA Metropolitan Planning Organization West Central
  812  Florida M.P.O. Chairs Coordinating Committee, to the extent
  813  practicable, and participate in the regional M.P.O. planning
  814  process to ensure regional comprehension of the authority’s
  815  mission, goals, and objectives.
  816         (g) The authority shall provide administrative support and
  817  direction to the TBARTA Metropolitan Planning Organization
  818  Chairs Coordinating Committee.
  819         Section 27. Subsection (3) of section 348.565, Florida
  820  Statutes, is amended, and subsection (5) is added to that
  821  section, to read:
  822         348.565 Revenue bonds for specified projects.—The existing
  823  facilities that constitute the Tampa-Hillsborough County
  824  Expressway System are hereby approved to be refinanced by
  825  revenue bonds issued by the Division of Bond Finance of the
  826  State Board of Administration pursuant to s. 11(f), Art. VII of
  827  the State Constitution and the State Bond Act or by revenue
  828  bonds issued by the authority pursuant to s. 348.56(1)(b). In
  829  addition, the following projects of the Tampa-Hillsborough
  830  County Expressway Authority are approved to be financed or
  831  refinanced by the issuance of revenue bonds in accordance with
  832  this part and s. 11(f), Art. VII of the State Constitution:
  833         (3) Lee Roy Selmon Crosstown Expressway System widening,
  834  and any extensions thereof.
  835         (5) Capital projects that the authority is authorized to
  836  acquire, construct, reconstruct, equip, operate, and maintain
  837  pursuant to this part, including, without limitation, s.
  838  348.54(15), provided that any financing of such projects does
  839  not pledge the full faith and credit of the state.
  840         Section 28. Subsection (20) is added to section 479.16,
  841  Florida Statutes, to read:
  842         479.16 Signs for which permits are not required.—The
  843  following signs are exempt from the requirement that a permit
  844  for a sign be obtained under this chapter but are required to
  845  comply with s. 479.11(4)-(8), and the provisions of subsections
  846  (15)-(20) (15)-(19) may not be implemented or continued if the
  847  Federal Government notifies the department that implementation
  848  or continuation will adversely affect the allocation of federal
  849  funds to the department:
  850         (20) Signs that are located within the controlled area of a
  851  federal-aid primary highway but that are on a parcel adjacent to
  852  an off-ramp to the termination point of a turnpike system, if
  853  there is no directional decision to be made by a driver, the
  854  signs are primarily facing the off-ramp, and the signs have been
  855  in existence since at least 1995.
  857  If the exemptions in subsections (15)-(20) (15)-(19) are not
  858  implemented or continued due to notification from the Federal
  859  Government that the allocation of federal funds to the
  860  department will be adversely impacted, the department shall
  861  provide notice to the sign owner that the sign must be removed
  862  within 30 days after receipt of the notice. If the sign is not
  863  removed within 30 days after receipt of the notice by the sign
  864  owner, the department may remove the sign, and the costs
  865  incurred in connection with the sign removal shall be assessed
  866  against and collected from the sign owner.
  867         Section 29. This act shall take effect July 1, 2016.