Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. PCS (304644) for CS for SB 1118
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/28/2017           .                                

       The Committee on Appropriations (Brandes) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 135 - 734
    4  and insert:
    5         Section 1. Present subsections (51) through (97) of section
    6  316.003, Florida Statutes, are renumbered as subsections (53)
    7  through (99), respectively, present subsections (40), (55), and
    8  (95) are amended, and new subsections (51) and (52) are added to
    9  that section, to read:
   10         316.003 Definitions.—The following words and phrases, when
   11  used in this chapter, shall have the meanings respectively
   12  ascribed to them in this section, except where the context
   13  otherwise requires:
   14         (40) MOTOR VEHICLE.—Except when used in s. 316.1001, a
   15  self-propelled vehicle not operated upon rails or guideway, but
   16  not including any bicycle, motorized scooter, electric personal
   17  assistive mobility device, personal delivery device, swamp
   18  buggy, or moped. For purposes of s. 316.1001, “motor vehicle”
   19  has the same meaning as provided in s. 320.01(1)(a).
   20         (51)PERSONAL DELIVERY DEVICE.—An electrically powered
   21  device that:
   22         (a)Is operated on sidewalks and crosswalks and intended
   23  primarily for transporting property;
   24         (b)Weighs less than 80 pounds, excluding cargo;
   25         (c)Has a maximum speed of 10 miles per hour; and
   26         (d)Is equipped with technology to allow for operation of
   27  the device with or without the active control or monitoring of a
   28  natural person.
   30  A personal delivery device is not considered a vehicle unless
   31  expressly defined by law as a vehicle.
   32         (52)PERSONAL DELIVERY DEVICE OPERATOR.—An entity or its
   33  agent that exercises direct physical control over or monitoring
   34  of the navigation system and operation of a personal delivery
   35  device. For the purposes of this subsection, the term “agent”
   36  means a person charged by the entity with the responsibility of
   37  navigating and operating the personal delivery device. The term
   38  “personal delivery device operator” does not include an entity
   39  or person who requests the services of a personal delivery
   40  device for the purpose of transporting property or an entity or
   41  person who only arranges for and dispatches the requested
   42  services of a personal delivery device.
   43         (57)(55) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   44  provided in paragraph (79)(b) (77)(b), any privately owned way
   45  or place used for vehicular travel by the owner and those having
   46  express or implied permission from the owner, but not by other
   47  persons.
   48         (97)(95) VEHICLE.—Every device in, upon, or by which any
   49  person or property is or may be transported or drawn upon a
   50  highway, except personal delivery devices and devices used
   51  exclusively upon stationary rails or tracks.
   52         Section 2. Subsection (7) of section 316.008, Florida
   53  Statutes, is amended to read:
   54         316.008 Powers of local authorities.—
   55         (7)(a) A county or municipality may enact an ordinance to
   56  permit, control, or regulate the operation of vehicles, golf
   57  carts, mopeds, motorized scooters, and electric personal
   58  assistive mobility devices on sidewalks or sidewalk areas when
   59  such use is permissible under federal law. The ordinance must
   60  restrict such vehicles or devices to a maximum speed of 15 miles
   61  per hour in such areas.
   62         (b)1.Except as provided in subparagraph 2., a personal
   63  delivery device may be operated on sidewalks and crosswalks
   64  within a county or municipality when such use is permissible
   65  under federal law. This paragraph does not restrict a county or
   66  municipality from otherwise adopting regulations for the safe
   67  operation of personal delivery devices.
   68         2.A personal delivery device may not be operated on the
   69  Florida Shared-Use Nonmotorized Trail Network created under s.
   70  339.81 or components of the Florida Greenways and Trails System
   71  created under chapter 260.
   72         Section 3. Section 316.0898, Florida Statutes, is created
   73  to read:
   74         316.0898 Florida Smart City Challenge grant program.—
   75         (1)The Department of Transportation, in consultation with
   76  the Department of Highway Safety and Motor Vehicles, shall
   77  develop the Florida Smart City Challenge grant program and shall
   78  establish grant award requirements for municipalities or regions
   79  for the purpose of receiving grant awards. Grant applicants must
   80  demonstrate and document the adoption of emerging technologies
   81  and their impact on the transportation system and must address
   82  at least the following focus areas:
   83         (a)Autonomous vehicles.
   84         (b)Connected vehicles.
   85         (c)Sensor-based infrastructure.
   86         (d)Collecting and using data.
   87         (e) Electric vehicles, including charging stations.
   88         (f)Developing strategic models and partnerships.
   89         (2)The goals of the grant program include, but are not
   90  limited to:
   91         (a)Identifying transportation challenges and identifying
   92  how emerging technologies can address those challenges.
   93         (b)Determining the emerging technologies and strategies
   94  that have the potential to provide the most significant impacts.
   95         (c)Encouraging municipalities to take significant steps to
   96  integrate emerging technologies into their day-to-day
   97  operations.
   98         (d)Identifying the barriers to implementing the grant
   99  program and communicating those barriers to the Legislature and
  100  appropriate agencies and organizations.
  101         (e)Leveraging the initial grant to attract additional
  102  public and private investments.
  103         (f)Increasing the state’s competitiveness in the pursuit
  104  of grants from the United States Department of Transportation,
  105  the United States Department of Energy, and other federal
  106  agencies.
  107         (g)Committing to the continued operation of programs
  108  implemented in connection with the grant.
  109         (h)Serving as a model for municipalities nationwide.
  110         (i)Documenting the costs and impacts of the grant program
  111  and lessons learned during implementation.
  112         (j) Identifying solutions that will demonstrate local or
  113  regional economic impact.
  114         (3)The Department of Transportation shall develop
  115  eligibility, application, and selection criteria for the program
  116  grants and a plan for the promotion of the grant program to
  117  municipalities or regions of this state as an opportunity to
  118  compete for grant funding, including the award of grants to a
  119  single recipient and secondary grants to specific projects of
  120  merit within other applications. The Department of
  121  Transportation may contract with a third party that demonstrates
  122  knowledge and expertise in the focuses and goals of this section
  123  to provide guidance in the development of the requirements of
  124  this section.
  125         (4)On or before January 1, 2018, the Department of
  126  Transportation shall submit the grant program guidelines and
  127  plans for promotion of the grant program to the Governor, the
  128  President of the Senate, and the Speaker of the House of
  129  Representatives.
  130         (5) This section expires July 1, 2018.
  131         Section 4. Section 316.2071, Florida Statutes, is created
  132  to read:
  133         316.2071Personal delivery devices.—
  134         (1)Notwithstanding any provision of law to the contrary, a
  135  personal delivery device may operate on sidewalks and
  136  crosswalks, subject to s. 316.008(7)(b). A personal delivery
  137  device operating on a sidewalk or crosswalk has all the rights
  138  and duties applicable to a pedestrian under the same
  139  circumstances, except that the personal delivery device must not
  140  unreasonably interfere with pedestrians or traffic and must
  141  yield the right-of-way to pedestrians on the sidewalk or
  142  crosswalk.
  143         (2)A personal delivery device must:
  144         (a)Obey all official traffic and pedestrian control
  145  signals and devices.
  146         (b)Include a plate or marker that has a unique identifying
  147  device number and identifies the name and contact information of
  148  the personal delivery device operator.
  149         (c)Be equipped with a braking system that, when active or
  150  engaged, enables the personal delivery device to come to a
  151  controlled stop.
  152         (3)A personal delivery device may not:
  153         (a)Operate on a public highway except to the extent
  154  necessary to cross a crosswalk.
  155         (b)Operate on a sidewalk or crosswalk unless the personal
  156  delivery device operator is actively controlling or monitoring
  157  the navigation and operation of the personal delivery device.
  158         (c)Transport hazardous materials as defined in s. 316.003.
  159         (4)A personal delivery device operator must maintain an
  160  insurance policy, on behalf of itself and its agents, that
  161  provides general liability coverage of at least $100,000 for
  162  damages arising from the combined operations of personal
  163  delivery devices under the entity’s or agent’s control.
  164         Section 5. Paragraph (b) of subsection (2) of section
  165  316.545, Florida Statutes, is amended, and present paragraphs
  166  (c) and (d) of subsection (3) of that section are redesignated
  167  as paragraphs (d) and (e), respectively, and a new paragraph (c)
  168  is added to that subsection, to read:
  169         316.545 Weight and load unlawful; special fuel and motor
  170  fuel tax enforcement; inspection; penalty; review.—
  171         (2)
  172         (b) The officer or inspector shall inspect the license
  173  plate or registration certificate of the commercial vehicle to
  174  determine whether its gross weight is in compliance with the
  175  declared gross vehicle weight. If its gross weight exceeds the
  176  declared weight, the penalty shall be 5 cents per pound on the
  177  difference between such weights. In those cases when the
  178  commercial vehicle is being operated over the highways of the
  179  state with an expired registration or with no registration from
  180  this or any other jurisdiction or is not registered under the
  181  applicable provisions of chapter 320, the penalty herein shall
  182  apply on the basis of 5 cents per pound on that scaled weight
  183  which exceeds 35,000 pounds on laden truck tractor-semitrailer
  184  combinations or tandem trailer truck combinations, 10,000 pounds
  185  on laden straight trucks or straight truck-trailer combinations,
  186  or 10,000 pounds on any unladen commercial motor vehicle. A
  187  driver of a commercial motor vehicle entering the state at a
  188  designated port-of-entry location, as defined in s. 316.003
  189  316.003(54), or operating on designated routes to a port-of
  190  entry location, who obtains a temporary registration permit
  191  shall be assessed a penalty limited to the difference between
  192  its gross weight and the declared gross vehicle weight at 5
  193  cents per pound. If the license plate or registration has not
  194  been expired for more than 90 days, the penalty imposed under
  195  this paragraph may not exceed $1,000. In the case of special
  196  mobile equipment, which qualifies for the license tax provided
  197  for in s. 320.08(5)(b), being operated on the highways of the
  198  state with an expired registration or otherwise not properly
  199  registered under the applicable provisions of chapter 320, a
  200  penalty of $75 shall apply in addition to any other penalty
  201  which may apply in accordance with this chapter. A vehicle found
  202  in violation of this section may be detained until the owner or
  203  operator produces evidence that the vehicle has been properly
  204  registered. Any costs incurred by the retention of the vehicle
  205  shall be the sole responsibility of the owner. A person who has
  206  been assessed a penalty pursuant to this paragraph for failure
  207  to have a valid vehicle registration certificate pursuant to the
  208  provisions of chapter 320 is not subject to the delinquent fee
  209  authorized in s. 320.07 if such person obtains a valid
  210  registration certificate within 10 working days after such
  211  penalty was assessed.
  212         (3)
  213         (c)1. For a vehicle fueled by natural gas, the fine is
  214  calculated by reducing the actual gross vehicle weight by the
  215  certified weight difference between the natural gas tank and
  216  fueling system and a comparable diesel tank and fueling system.
  217  Upon the request of a weight inspector or a law enforcement
  218  officer, the vehicle operator shall present a written
  219  certification that identifies the weight of the natural gas tank
  220  and fueling system and the difference in weight of a comparable
  221  diesel tank and fueling system. The written certification must
  222  originate from the vehicle manufacturer or the installer of the
  223  natural gas tank and fueling system.
  224         2. The actual gross vehicle weight for vehicles fueled by
  225  natural gas may not exceed 82,000 pounds, excluding the weight
  226  allowed for idle-reduction technology under paragraph (b).
  227         3. This paragraph does not apply to vehicles described in
  228  s. 316.535(6).
  229         Section 6. Effective upon the same date that SB 340 or
  230  similar legislation takes effect, if such legislation is adopted
  231  in the 2017 Regular Session or any extension thereof and becomes
  232  a law, section 316.851, Florida Statutes, is created to read:
  233         316.851 Autonomous vehicles; providing prearranged rides.—
  234         (1) An autonomous vehicle used by a transportation network
  235  company to provide a prearranged ride must be covered by
  236  automobile insurance as required by s. 627.748, regardless of
  237  whether a human operator is physically present within the
  238  vehicle when the ride occurs. When an autonomous vehicle is
  239  logged on to a digital network but is not engaged in a
  240  prearranged ride, the autonomous vehicle must maintain insurance
  241  coverage as defined in s. 627.748(7)(b).
  242         (2) An autonomous vehicle used to provide a transportation
  243  service shall carry in the vehicle proof of coverage satisfying
  244  the requirements of this section at all times while operating in
  245  autonomous mode.
  246         Section 7. Section 316.853, Florida Statutes, is created to
  247  read:
  248         316.853 Automated mobility districts.—
  249         (1) For the purpose of this section, an “automated mobility
  250  district” means a master planned development or combination of
  251  contiguous developments in which the deployment of autonomous
  252  vehicles as defined in s. 316.003 as the basis for a shared
  253  mobility system is a stated goal or objective of the development
  254  or developments.
  255         (2) The Department of Transportation shall designate
  256  automated mobility districts.
  257         (3) In determining the eligibility of a community for
  258  designation as an automated mobility district, the Department of
  259  Transportation shall consider applicable criteria from federal
  260  agencies for automated mobility districts and apply those
  261  criteria to eligible developments in this state.
  262         Section 8. Paragraph (a) of subsection (1) of section
  263  319.145, Florida Statutes, is amended to read:
  264         319.145 Autonomous vehicles.—
  265         (1) An autonomous vehicle registered in this state must
  266  continue to meet applicable federal standards and regulations
  267  for such motor vehicle. The vehicle must:
  268         (a) Have a system to safely alert the operator if an
  269  autonomous technology failure is detected while the autonomous
  270  technology is engaged. When an alert is given, the system must:
  271         1. Require the operator to take control of the autonomous
  272  vehicle; or
  273         2. If the human operator does not, or is not able to, take
  274  control of the autonomous vehicle, or if a human operator is not
  275  physically present in the vehicle, be capable of bringing the
  276  vehicle to a complete stop.
  277         Section 9. Paragraph (a) of subsection (1) of section
  278  320.01, Florida Statutes, is amended to read:
  279         320.01 Definitions, general.—As used in the Florida
  280  Statutes, except as otherwise provided, the term:
  281         (1) “Motor vehicle” means:
  282         (a) An automobile, motorcycle, truck, trailer, semitrailer,
  283  truck tractor and semitrailer combination, or any other vehicle
  284  operated on the roads of this state, used to transport persons
  285  or property, and propelled by power other than muscular power,
  286  but the term does not include traction engines, road rollers,
  287  personal delivery devices as defined in s. 316.003, special
  288  mobile equipment as defined in s. 316.003, vehicles that run
  289  only upon a track, bicycles, swamp buggies, or mopeds.
  290         Section 10. Subsection (19) is added to section 320.02,
  291  Florida Statutes, to read:
  292         320.02 Registration required; application for registration;
  293  forms.—
  294         (19)A personal delivery device as defined in s. 316.003 is
  295  not required to satisfy the registration and insurance
  296  requirements of this section.
  297         Section 11. Subsection (1) of section 324.021, Florida
  298  Statutes, is amended to read:
  299         324.021 Definitions; minimum insurance required.—The
  300  following words and phrases when used in this chapter shall, for
  301  the purpose of this chapter, have the meanings respectively
  302  ascribed to them in this section, except in those instances
  303  where the context clearly indicates a different meaning:
  304         (1) MOTOR VEHICLE.—Every self-propelled vehicle that which
  305  is designed and required to be licensed for use upon a highway,
  306  including trailers and semitrailers designed for use with such
  307  vehicles, except traction engines, road rollers, farm tractors,
  308  power shovels, and well drillers, and every vehicle that which
  309  is propelled by electric power obtained from overhead wires but
  310  not operated upon rails, but not including any personal delivery
  311  device as defined in s. 316.003, bicycle, or moped. However, the
  312  term “motor vehicle” does shall not include a any motor vehicle
  313  as defined in s. 627.732(3) when the owner of such vehicle has
  314  complied with the requirements of ss. 627.730-627.7405,
  315  inclusive, unless the provisions of s. 324.051 apply; and, in
  316  such case, the applicable proof of insurance provisions of s.
  317  320.02 apply.
  318         Section 12. Paragraph (a) of subsection (2) of section
  319  324.022, Florida Statutes, is amended to read:
  320         324.022 Financial responsibility for property damage.—
  321         (2) As used in this section, the term:
  322         (a) “Motor vehicle” means any self-propelled vehicle that
  323  has four or more wheels and that is of a type designed and
  324  required to be licensed for use on the highways of this state,
  325  and any trailer or semitrailer designed for use with such
  326  vehicle. The term does not include:
  327         1. A mobile home.
  328         2. A motor vehicle that is used in mass transit and
  329  designed to transport more than five passengers, exclusive of
  330  the operator of the motor vehicle, and that is owned by a
  331  municipality, transit authority, or political subdivision of the
  332  state.
  333         3. A school bus as defined in s. 1006.25.
  334         4. A vehicle providing for-hire transportation that is
  335  subject to the provisions of s. 324.031. A taxicab shall
  336  maintain security as required under s. 324.032(1).
  337         5.A personal delivery device as defined in s. 316.003.
  338         Section 13. Subsection (2) of section 335.074, Florida
  339  Statutes, is amended to read:
  340         335.074 Safety inspection of bridges.—
  341         (2) At regular intervals as required by the Federal Highway
  342  Administration not to exceed 2 years, each bridge on a public
  343  transportation facility shall be inspected for structural
  344  soundness and safety for the passage of traffic on such bridge.
  345  The thoroughness with which bridges are to be inspected shall
  346  depend on such factors as age, traffic characteristics, state of
  347  maintenance, and known deficiencies. The governmental entity
  348  having maintenance responsibility for any such bridge shall be
  349  responsible for having inspections performed and reports
  350  prepared in accordance with the provisions contained herein.
  351         Section 14. Effective October 1, 2017, section 335.094,
  352  Florida Statutes, is created to read:
  353         335.094 Highway memorial markers; public safety awareness.—
  354         (1) In recognition of the department’s mission to provide a
  355  safe transportation system, the Legislature intends that the
  356  department allow the use of highway memorial markers at or near
  357  the location of traffic-related fatalities on the State Highway
  358  System to raise public awareness and remind motorists to drive
  359  safely by memorializing people who have died as a result of a
  360  traffic-related crash.
  361         (2) The department shall establish a process, including any
  362  forms deemed necessary by the department, for submitting
  363  applications for installation of a memorial marker as authorized
  364  in this section. Applications may be submitted to the department
  365  by:
  366         (a) A member of the decedent’s family, which includes the
  367  decedent’s spouse; a child, parent, or sibling of the decedent,
  368  whether biological, adopted, or step relation; and any lineal or
  369  collateral descendant of the decedent; or
  370         (b) Any individual who is responsible under the laws of
  371  this state for the disposition of the unclaimed remains of the
  372  decedent or for other matters relating to the interment or
  373  memorialization of the decedent.
  374         (3)The department shall establish criteria for the design
  375  and fabrication of memorial markers, including, but not limited
  376  to, marker components, fabrication material, and size.
  377         (4)(a)The department may install a round aluminum sign
  378  panel with white background and black letters uniformly
  379  inscribed “Drive Safely, In Memory Of” followed by the
  380  decedent’s name at no charge to the applicant.
  381         (b) Upon the request of the applicant and payment of a
  382  reasonable fee set by the department to offset production costs,
  383  memorial markers may incorporate the available emblems of belief
  384  approved by the United States Department of Veterans Affairs
  385  National Cemetery Administration. For purposes of this section,
  386  an “emblem of belief” means an emblem that represents the
  387  decedent’s religious affiliation or sincerely held religious
  388  belief system, or a sincerely held belief system that was
  389  functionally equivalent to a religious belief system in the life
  390  of the decedent. The religion or belief system represented by an
  391  emblem need not be associated with or endorsed by a church,
  392  group, or organized denomination. The term does not include
  393  emblems, graphics, logos, or symbols that relate to social,
  394  cultural, ethnic, civic, fraternal, trade, commercial,
  395  political, professional, or military status.
  396         (c)An applicant may request a new emblem of belief not
  397  specifically approved by the United States Department of
  398  Veterans Affairs National Cemetery Administration for
  399  inscription on a memorial marker as follows:
  400         1. The applicant must certify that the proposed new emblem
  401  of belief represents the decedent’s religious affiliation or
  402  sincerely held religious belief system, or a sincerely held
  403  belief system that was functionally equivalent to a religious
  404  belief system in the life of the decedent.
  405         2. In the absence of evidence to the contrary, the
  406  department shall accept as genuine an applicant’s statement of
  407  the religious or functionally equivalent belief system of a
  408  decedent.
  409         (d) If the department determines that any application under
  410  this section is incomplete, the department must notify the
  411  applicant in writing of any missing information and must notify
  412  the applicant in writing that no further action on the
  413  application will be taken until the missing information is
  414  provided.
  415         (5) The department shall place a memorial marker for any
  416  approved application at or near the location of the fatality in
  417  a fashion that reduces driver distraction and positions the
  418  marker as near the right-of-way line as possible.
  419         (6) Memorial markers are intended to remind passing
  420  motorists of the dangers of unsafe driving and are not intended
  421  for visitation. The department shall remove a memorial marker if
  422  the department determines the presence of the marker creates a
  423  safety hazard. In such cases, the department shall post a notice
  424  near where the marker was located indicating that the marker has
  425  been removed and provide contact information for pickup of the
  426  marker. The department shall store any removed markers for at
  427  least 60 days. If after 60 days the memorial is not claimed, the
  428  department may dispose of the marker as it deems necessary.
  429         Section 15. Paragraph (c) of subsection (6) of section
  430  337.11, Florida Statutes, is amended to read:
  431         337.11 Contracting authority of department; bids; emergency
  432  repairs, supplemental agreements, and change orders; combined
  433  design and construction contracts; progress payments; records;
  434  requirements of vehicle registration.—
  435         (6)
  436         (c) When the department determines that it is in the best
  437  interest of the public for reasons of public concern, economy,
  438  improved operations, or safety, and only for contracts for
  439  construction and maintenance which do not exceed $250,000 when
  440  circumstances dictate rapid completion of the work, the
  441  department may, up to the amount of $120,000, enter into
  442  contracts for construction and maintenance without advertising
  443  and receiving competitive bids. The department may enter into
  444  such contracts only upon a determination that the work is
  445  necessary for one of the following reasons:
  446         1. To ensure timely completion of projects or avoidance of
  447  undue delay for other projects;
  448         2. To accomplish minor repairs or construction and
  449  maintenance activities for which time is of the essence and for
  450  which significant cost savings would occur; or
  451         3. To accomplish nonemergency work necessary to ensure
  452  avoidance of adverse conditions that affect the safe and
  453  efficient flow of traffic.
  455  The department shall make a good faith effort to obtain two or
  456  more quotes, if available, from qualified contractors before
  457  entering into any contract. The department shall give
  458  consideration to disadvantaged business enterprise
  459  participation. However, when the work exists within the limits
  460  of an existing contract, the department shall make a good faith
  461  effort to negotiate and enter into a contract with the prime
  462  contractor on the existing contract.
  463         Section 16. Subsection (5) is added to section 338.227,
  464  Florida Statutes, to read:
  465         338.227 Turnpike revenue bonds.—
  466         (5) Notwithstanding s. 215.82, bonds issued pursuant to
  467  this section are not required to be validated pursuant to
  468  chapter 75 but may be validated at the option of the Division of
  469  Bond Finance. Any complaint about such validation must be filed
  470  in the circuit court of the county in which the seat of state
  471  government is situated, and the clerk shall publish the notice
  472  as required by s. 75.06 only in the county in which the
  473  complaint is filed. The complaint and order of the circuit court
  474  must be served on the state attorney of the circuit in which the
  475  action is pending.
  476         Section 17. Paragraph (e) of subsection (7) of section
  477  339.135, Florida Statutes, is amended to read:
  478         339.135 Work program; legislative budget request;
  479  definitions; preparation, adoption, execution, and amendment.—
  481         (e) Notwithstanding paragraphs (d), and (g), and (h) and
  482  ss. 216.177(2) and 216.351, the secretary may request the
  483  Executive Office of the Governor to amend the adopted work
  484  program when an emergency exists, as defined in s. 252.34, and
  485  the emergency relates to the repair or rehabilitation of any
  486  state transportation facility. The Executive Office of the
  487  Governor may approve the amendment to the adopted work program
  488  and amend that portion of the department’s approved budget if a
  489  delay incident to the notification requirements in paragraph (d)
  490  would be detrimental to the interests of the state. However, the
  491  department shall immediately notify the parties specified in
  492  paragraph (d) and provide such parties written justification for
  493  the emergency action within 7 days after approval by the
  494  Executive Office of the Governor of the amendment to the adopted
  495  work program and the department’s budget. The adopted work
  496  program may not be amended under this subsection without
  497  certification by the comptroller of the department that there
  498  are sufficient funds available pursuant to the 36-month cash
  499  forecast and applicable statutes.
  500         Section 18. Section 339.2405, Florida Statutes, is amended
  501  to read:
  502         339.2405 Florida Highway Beautification Grant Program
  503  Council.—
  504         (1) There is created within the Department of
  505  Transportation the Florida Highway Beautification Grant Program
  506  for the purpose of awarding grants to local governmental
  507  entities for beautification of roads on the State Highway System
  508  as provided in subsections (3) and (4). The department shall
  509  Council. It shall consist of seven members appointed by the
  510  Governor. All appointed members must be residents of this state.
  511  One member must be a licensed landscape architect, one member
  512  must be a representative of the Florida Federation of Garden
  513  Clubs, Inc., one member must be a representative of the Florida
  514  Nurserymen and Growers Association, one member must be a
  515  representative of the department as designated by the head of
  516  the department, one member must be a representative of the
  517  Department of Agriculture and Consumer Services, and two members
  518  must be private citizens. The members of the council shall serve
  519  at the pleasure of the Governor.
  520         (2) Each chair shall be selected by the council members and
  521  shall serve a 2-year term.
  522         (3) The council shall meet no less than semiannually at the
  523  call of the chair or, in the chair’s absence or incapacity, at
  524  the call of the head of the department. Four members shall
  525  constitute a quorum for the purpose of exercising all of the
  526  powers of the council. A vote of the majority of the members
  527  present shall be sufficient for all actions of the council.
  528         (4) The council members shall serve without pay but shall
  529  be entitled to per diem and travel expenses pursuant to s.
  530  112.061.
  531         (5) A member of the council may not participate in any
  532  discussion or decision to recommend grants to any qualified
  533  local government with which the member is associated as a member
  534  of the governing body or as an employee or with which the member
  535  has entered into a contractual arrangement.
  536         (6) The council may prescribe, amend, and repeal bylaws
  537  governing the manner in which the business of the council is
  538  conducted.
  539         (7)(a) The duties of the council shall be to:
  540         (a)1. Provide information to local governments and local
  541  highway beautification councils regarding the state highway
  542  beautification grants program.
  543         (b)2. Accept grant requests from local governments.
  544         (c)3. Review grant requests for compliance with department
  545  council rules.
  546         (d)4. Establish rules for evaluating and prioritizing the
  547  grant requests. The rules must include, but are not limited to,
  548  an examination of each grant’s aesthetic value, cost
  549  effectiveness, level of local support, feasibility of
  550  installation and maintenance, and compliance with state and
  551  federal regulations. Rules adopted by the department council
  552  which it uses to evaluate grant applications must take into
  553  consideration the contributions made by the highway
  554  beautification project in preventing litter.
  555         (e)5. Maintain a prioritized list of approved grant
  556  requests. The list must include recommended funding levels for
  557  each request and, if staged implementation is appropriate,
  558  funding requirements for each stage shall be provided.
  559         6. Assess the feasibility of planting and maintaining
  560  indigenous wildflowers and plants, instead of sod groundcovers,
  561  along the rights-of-way of state roads and highways. In making
  562  such assessment, the council shall utilize data from other
  563  states which include indigenous wildflower and plant species in
  564  their highway vegetative management systems.
  565         (b) The council may, at the request of the head of the
  566  department, review and make recommendations on any other highway
  567  beautification matters relating to the State Highway System.
  568         (8) The head of the department shall provide from existing
  569  personnel such staff support services to the council as are
  570  necessary to enable the council to fulfill its duties and
  571  responsibilities.
  572         (2)(9) Local highway beautification councils may be created
  573  by local governmental entities or by the Legislature. Prior to
  574  being submitted to the department council, a grant request must
  575  be approved by the local government or governments of the area
  576  in which the project is located.
  577         (3)(10) The head of the department, after receiving
  578  recommendations from the council, shall award grants to local
  579  governmental entities that have submitted grant requests for
  580  beautification of roads on the State Highway System and which
  581  requests are on the council’s approved list. The grants shall be
  582  awarded in the order they appear on the council’s prioritized
  583  list and in accordance with available funding.
  584         (4)(11) State highway beautification grants may be
  585  requested only for projects to beautify through landscaping
  586  roads on the State Highway System. The grant request shall
  587  identify all costs associated with the project, including
  588  sprinkler systems, plant materials, equipment, and labor. A
  589  grant shall provide for the costs of purchase and installation
  590  of a sprinkler system, the cost of plant materials and
  591  fertilizer, and may provide for the costs for labor associated
  592  with the installation of the plantings. Each local government
  593  that receives a grant is shall be responsible for any costs for
  594  water, for the maintenance of the sprinkler system, for the
  595  maintenance of the landscaped areas in accordance with a
  596  maintenance agreement with the department, and, except as
  597  otherwise provided in the grant, for any costs for labor
  598  associated with the installation of the plantings. The
  599  department may provide, by contract, services to maintain such
  600  landscaping at a level not to exceed the cost of routine
  601  maintenance of an equivalent unlandscaped area.
  602         (12) The council shall annually submit to the head of the
  603  Department of Transportation a proposal recommending the level
  604  of grant funding.
  605         Section 19. Section 343.52, Florida Statutes, is reordered
  606  and amended to read:
  607         343.52 Definitions.—As used in this part, the term:
  608         (2)(1) “Authority” means the South Florida Regional
  609  Transportation Authority.
  610         (3)(2) “Board” means the governing body of the authority.
  611         (4) “Department” means the Department of Transportation.
  612         (1)(3) “Area served” means Miami-Dade, Broward, and Palm
  613  Beach Counties. However, this area may be expanded by mutual
  614  consent of the authority and the board of county commissioners
  615  of Monroe County. The authority may not expand into any
  616  additional counties without the department’s prior written
  617  approval.
  618         (8)(4) “Transit system” means a system used for the
  619  transportation of people and goods by means of, without
  620  limitation, a street railway, an elevated railway having a fixed
  621  guideway, a commuter railroad, a subway, motor vehicles, or
  622  motor buses, and includes a complete system of tracks, stations,
  623  and rolling stock necessary to effectuate passenger service to
  624  or from the surrounding regional municipalities.
  625         (7)(5) “Transit facilities” means property, avenues of
  626  access, equipment, or buildings built and installed in Miami
  627  Dade, Broward, and Palm Beach Counties which are required to
  628  support a transit system.
  629         (6) “Member” means the individuals constituting the board.
  630         (5)(7) “Feeder transit services” means a transit system
  631  that transports passengers to or from stations within or across
  632  counties.
  633         Section 20. Present subsections (4) and (5) of section
  634  343.54, Florida Statutes, are redesignated as subsections (5)
  635  and (6), respectively, and a new subsection (4) is added to that
  636  section, to read:
  637         343.54 Powers and duties.—
  638         (4) Notwithstanding any other provision of this part, the
  639  authority may not enter into, extend, or renew any contract or
  640  other agreement under this part without the department’s prior
  641  review and written approval of the authority’s proposed
  642  expenditures if such contract or agreement may be funded, in
  643  whole or in part, with funds provided by the department.
  644         Section 21. Paragraph (c) of subsection (4) of section
  645  343.58, Florida Statutes, is amended to read:
  646         343.58 County funding for the South Florida Regional
  647  Transportation Authority.—
  648         (4) Notwithstanding any other provision of law to the
  649  contrary and effective July 1, 2010, until as provided in
  650  paragraph (d), the department shall transfer annually from the
  651  State Transportation Trust Fund to the South Florida Regional
  652  Transportation Authority the amounts specified in subparagraph
  653  (a)1. or subparagraph (a)2.
  654         (c)1. Funds provided to the authority by the department
  655  under this subsection constitute state financial assistance
  656  provided to a nonstate entity to carry out a state project
  657  subject to the provisions of ss. 215.97 and 215.971. The
  658  department shall provide the funds in accordance with the terms
  659  of a written agreement to be entered into between the authority
  660  and the department which shall provide for department review,
  661  approval and audit of authority expenditure of such funds, and
  662  shall include such other provisions as are required by
  663  applicable law. The department is specifically authorized to
  664  agree to advance the authority one-fourth of the total funding
  665  provided under this subsection for a state fiscal year at the
  666  beginning of each state fiscal year, with monthly payments over
  667  the fiscal year on a reimbursement basis as supported by
  668  invoices and such additional documentation and information as
  669  the department may reasonably require, and a reconciliation of
  670  the advance against remaining invoices in the last quarter of
  671  the fiscal year may not be committed by the authority without
  672  the approval of the department, which may not be unreasonably
  673  withheld. At least 90 days before advertising any procurement or
  674  renewing any existing contract that will rely on state funds for
  675  payment, the authority shall notify the department of the
  676  proposed procurement or renewal and the proposed terms thereof.
  677  If the department, within 60 days after receipt of notice,
  678  objects in writing to the proposed procurement or renewal,
  679  specifying its reasons for objection, the authority may not
  680  proceed with the proposed procurement or renewal. Failure of the
  681  department to object in writing within 60 days after notice
  682  shall be deemed consent. This requirement does not impair or
  683  cause the authority to cancel contracts that exist as of June
  684  30, 2012.
  685         2. To enable the department to evaluate the authority’s
  686  proposed uses of state funds, the authority shall annually
  687  provide the department with its proposed budget for the
  688  following authority fiscal year and shall promptly provide the
  689  department with any additional documentation or information
  690  required by the department for its evaluation of the proposed
  691  uses of the state funds.
  692         Section 22. Subsection (2) of section 215.82, Florida
  693  Statutes, is amended to read:
  694         215.82 Validation; when required.—
  695         (2) Any bonds issued pursuant to this act which are
  696  validated shall be validated in the manner provided by chapter
  697  75. In actions to validate bonds to be issued in the name of the
  698  State Board of Education under s. 9(a) and (d), Art. XII of the
  699  State Constitution and bonds to be issued pursuant to chapter
  700  259, the Land Conservation Program, the complaint shall be filed
  701  in the circuit court of the county where the seat of state
  702  government is situated, the notice required to be published by
  703  s. 75.06 shall be published only in the county where the
  704  complaint is filed, and the complaint and order of the circuit
  705  court shall be served only on the state attorney of the circuit
  706  in which the action is pending. In any action to validate bonds
  707  issued pursuant to s. 1010.62 or issued pursuant to s. 9(a)(1),
  708  Art. XII of the State Constitution or issued pursuant to s.
  709  215.605 or s. 338.227, the complaint shall be filed in the
  710  circuit court of the county where the seat of state government
  711  is situated, the notice required to be published by s. 75.06
  712  shall be published in a newspaper of general circulation in the
  713  county where the complaint is filed and in two other newspapers
  714  of general circulation in the state, and the complaint and order
  715  of the circuit court shall be served only on the state attorney
  716  of the circuit in which the action is pending; provided,
  717  however, that if publication of notice pursuant to this section
  718  would require publication in more newspapers than would
  719  publication pursuant to s. 75.06, such publication shall be made
  720  pursuant to s. 75.06.
  721         Section 23. Paragraph (d) of subsection (2) of section
  722  343.53, Florida Statutes, is amended to read:
  723         343.53 South Florida Regional Transportation Authority.—
  724         (2) The governing board of the authority shall consist of
  725  10 voting members, as follows:
  726         (d) If the authority’s service area is expanded pursuant to
  727  s. 343.54(6) s. 343.54(5), the county containing the new service
  728  area shall have two members appointed to the board as follows:
  729         1. The county commission of the county shall elect a
  730  commissioner as that commission’s representative on the board.
  731  The commissioner must be a member of the county commission when
  732  elected and for the full extent of his or her term.
  733         2. The Governor shall appoint a citizen member to the board
  734  who is not a member of the county commission but who is a
  735  resident and a qualified elector of that county.
  736         Section 24. Section 427.011, Florida Statutes, is reordered
  737  and amended to read:
  738         427.011 Definitions.—For the purposes of ss. 427.011
  739  427.017:
  740         (9)(1) “Transportation disadvantaged” means those persons
  741  who because of physical or mental disability, income status, or
  742  age are unable to transport themselves or to purchase
  743  transportation and are, therefore, dependent upon others to
  744  obtain access to health care, employment, education, shopping,
  745  social activities, or other life-sustaining activities, or
  746  children who are handicapped or high-risk or at-risk as defined
  747  in s. 411.202.
  748         (5)(2) “Metropolitan planning organization” means the
  749  organization responsible for carrying out transportation
  750  planning and programming in accordance with the provisions of 23
  751  U.S.C. s. 134, as provided in 23 U.S.C. s. 104(f)(3).
  752         (1)(3) “Agency” means an official, officer, commission,
  753  authority, council, committee, department, division, bureau,
  754  board, section, or any other unit or entity of the state or of a
  755  city, town, municipality, county, or other local governing body
  756  or a private nonprofit transportation service-providing agency.
  757         (11)(4) “Transportation improvement program” means a staged
  758  multiyear program of transportation improvements, including an
  759  annual element, which is developed by a metropolitan planning
  760  organization or designated official planning agency.
  761         (2)(5) “Community transportation coordinator” means a
  762  transportation entity recommended by a metropolitan planning
  763  organization, or by the appropriate designated official planning
  764  agency as provided for in ss. 427.011-427.017 in an area outside
  765  the purview of a metropolitan planning organization, to ensure
  766  that coordinated transportation services are provided to the
  767  transportation disadvantaged population in a designated service
  768  area.
  769         (12)(6) “Transportation operator” means one or more public,
  770  private for-profit, or private nonprofit entities engaged by the
  771  community transportation coordinator to provide service to
  772  transportation disadvantaged persons pursuant to a coordinated
  773  system service plan.
  774         (3)(7) “Coordinating board” means an advisory entity in
  775  each designated service area composed of representatives
  776  appointed by the metropolitan planning organization or
  777  designated official planning agency, to provide assistance to
  778  the community transportation coordinator relative to the
  779  coordination of transportation services.
  780         (8) “Purchasing agency” means a department or agency whose
  781  head is an ex officio, nonvoting adviser to the commission, or
  782  an agency that purchases transportation services for the
  783  transportation disadvantaged.
  784         (7)(9) “Paratransit” means those elements of public transit
  785  which provide service between specific origins and destinations
  786  selected by the individual user with such service being provided
  787  at a time that is agreed upon by the user and provider of the
  788  service. Paratransit service is provided by taxis, limousines,
  789  “dial-a-ride,” buses, transportation network companies, and
  790  other demand-responsive operations that are characterized by
  791  their nonscheduled, nonfixed route nature.
  792         (10) “Transportation disadvantaged funds” means any local
  793  government, state, or available federal funds that are for the
  794  transportation of the transportation disadvantaged. Such funds
  795  may include, but are not limited to, funds for planning,
  796  Medicaid transportation, administration, operation, procurement,
  797  and maintenance of vehicles or equipment and capital
  798  investments. Transportation disadvantaged funds do not include
  799  funds for the transportation of children to public schools.
  800         (4)(11) “Coordination” means the arrangement for the
  801  provision of transportation services to the transportation
  802  disadvantaged in a manner that is cost-effective, efficient, and
  803  reduces fragmentation and duplication of services.
  804         (6)(12) “Nonsponsored transportation disadvantaged
  805  services” means transportation disadvantaged services that are
  806  not sponsored or subsidized by any funding source other than the
  807  Transportation Disadvantaged Trust Fund.
  808         Section 25. Subsection (1) of section 316.2128, Florida
  809  Statutes, is amended to read:
  810         316.2128 Operation of motorized scooters and miniature
  811  motorcycles; requirements for sales.—
  812         (1) A person who engages in the business of, serves in the
  813  capacity of, or acts as a commercial seller of motorized
  814  scooters or miniature motorcycles in this state must prominently
  815  display at his or her place of business a notice that such
  816  vehicles are not legal to operate on public roads, may not be
  817  registered as motor vehicles, and may not be operated on
  818  sidewalks unless authorized by an ordinance enacted pursuant to
  819  s. 316.008(7)(a) 316.008(7) or s. 316.212(8). The required
  820  notice must also appear in all forms of advertising offering
  821  motorized scooters or miniature motorcycles for sale. The notice
  822  and a copy of this section must also be provided to a consumer
  823  prior to the consumer’s purchasing or becoming obligated to
  824  purchase a motorized scooter or a miniature motorcycle.
  825         Section 26. Paragraph (a) of subsection (2) of section
  826  316.613, Florida Statutes, is amended to read:
  827         316.613 Child restraint requirements.—
  828         (2) As used in this section, the term “motor vehicle” means
  829  a motor vehicle as defined in s. 316.003 that is operated on the
  830  roadways, streets, and highways of the state. The term does not
  831  include:
  832         (a) A school bus as defined in s. 316.003 316.003(68).
  833         Section 27. Subsection (1) of section 655.960, Florida
  834  Statutes, is amended to read:
  835         655.960 Definitions; ss. 655.960-655.965.—As used in this
  836  section and ss. 655.961-655.965, unless the context otherwise
  837  requires:
  838         (1) “Access area” means any paved walkway or sidewalk which
  839  is within 50 feet of any automated teller machine. The term does
  840  not include any street or highway open to the use of the public,
  841  as defined in s. 316.003(79)(a) or (b) 316.003(77)(a) or (b),
  842  including any adjacent sidewalk, as defined in s. 316.003.
  844  ================= T I T L E  A M E N D M E N T ================
  845  And the title is amended as follows:
  846         Delete lines 2 - 130
  847  and insert:
  848         An act relating to transportation; amending s.
  849         316.003, F.S.; revising and providing definitions;
  850         amending s. 316.008, F.S.; authorizing operation of
  851         personal delivery devices within a county or
  852         municipality under certain circumstances; providing
  853         construction; providing exceptions; creating s.
  854         316.0898, F.S.; requiring the Department of
  855         Transportation, in consultation with the Department of
  856         Highway Safety and Motor Vehicles, to develop the
  857         Florida Smart City Challenge grant program; specifying
  858         requirements for grant program applicants;
  859         establishing goals for the grant program; requiring
  860         the Department of Transportation to develop specified
  861         criteria for the program grants and a plan for
  862         promotion of the grant program; authorizing the
  863         Department of Transportation to contract with a third
  864         party that demonstrates certain knowledge and
  865         expertise for a specified purpose; requiring the
  866         Department of Transportation to submit certain
  867         information regarding the grant program to the
  868         Governor and the Legislature by a specified date;
  869         providing for repeal; creating s. 316.2071, F.S.;
  870         providing requirements for the operation of personal
  871         delivery devices; requiring specified insurance
  872         coverage; amending s. 316.545, F.S.; conforming a
  873         cross-reference; providing for the calculation of
  874         fines for unlawful weight and load for a vehicle
  875         fueled by natural gas; requiring the vehicle operator
  876         to present a certain written certification upon
  877         request by a weight inspector or law enforcement
  878         officer; prescribing a maximum actual gross vehicle
  879         weight for vehicles fueled by natural gas; providing
  880         applicability; creating s. 316.851, F.S.; requiring an
  881         autonomous vehicle used by a transportation network
  882         company to be covered by automobile insurance, subject
  883         to certain requirements; requiring an autonomous
  884         vehicle used to provide a transportation service to
  885         carry in the vehicle proof of coverage satisfying
  886         certain requirements at all times while operating in
  887         autonomous mode; creating s. 316.853, F.S.; defining
  888         the term “automated mobility district”; requiring the
  889         Department of Transportation to designate automated
  890         mobility districts; requiring the department to
  891         consider applicable criteria from federal agencies for
  892         automated mobility districts in determining
  893         eligibility of a community for the designation;
  894         amending s. 319.145, F.S.; requiring an autonomous
  895         vehicle registered in this state to be capable of
  896         bringing the vehicle to a full stop when an alert is
  897         given if the human operator does not, or is not able
  898         to, take control of the autonomous vehicle, or if a
  899         human operator is not physically present in the
  900         vehicle; amending s. 320.01, F.S.; excluding personal
  901         delivery devices from the definition of the term
  902         “motor vehicle”; amending s. 320.02, F.S.; exempting a
  903         personal delivery device from certain registration and
  904         insurance requirements; amending ss. 324.021 and
  905         324.022, F.S.; excluding personal delivery devices
  906         from the definition of the term “motor vehicle”;
  907         amending s. 335.074, F.S.; requiring bridges on public
  908         transportation facilities to be inspected for certain
  909         purposes at regular intervals as required by the
  910         Federal Highway Administration; creating s. 335.094,
  911         F.S.; providing legislative intent; requiring the
  912         department to establish a process, including any forms
  913         deemed necessary by the department, for submitting
  914         applications for installation of a memorial marker;
  915         specifying persons who may submit such applications to
  916         the department; requiring the department to establish
  917         criteria for the design and fabrication of memorial
  918         markers; authorizing the department to install a
  919         certain sign at no charge to an applicant; providing
  920         that memorial markers may incorporate the available
  921         emblems of belief approved by the United States
  922         Department of Veterans Affairs National Cemetery
  923         Administration upon the request of the applicant and
  924         payment of a reasonable fee set by the department to
  925         offset production costs; defining the term “emblem of
  926         belief”; authorizing an applicant to request a new
  927         emblem of belief not specifically approved by the
  928         United States Department of Veterans Affairs National
  929         Cemetery Administration for inscription on a memorial
  930         marker, subject to certain requirements; requiring the
  931         department, under certain circumstances, to notify an
  932         applicant of any missing information and that no
  933         further action on the application will be taken until
  934         the missing information is provided; providing
  935         requirements for placement of the memorial marker by
  936         the department; requiring the department to remove a
  937         memorial marker if the department determines the
  938         presence of the marker creates a safety hazard,
  939         subject to certain requirements; amending s. 337.11,
  940         F.S.; increasing the allowable amount for contracts
  941         for construction and maintenance which the department
  942         may enter into, in certain circumstances, without
  943         advertising and receiving competitive bids; amending
  944         s. 338.227, F.S.; providing that certain bonds are not
  945         required to be validated but may be validated at the
  946         option of the Division of Bond Finance; providing
  947         filing, notice, and service requirements for
  948         complaints and circuit court orders concerning such
  949         validation; amending s. 339.135, F.S.; providing an
  950         additional exception related to the amendment of
  951         adopted work programs when an emergency exists;
  952         amending s. 339.2405, F.S.; replacing the Florida
  953         Highway Beautification Council within the department
  954         with the Florida Highway Beautification Grant Program;
  955         providing the purpose of the program; providing duties
  956         of the department; conforming provisions to changes
  957         made by the act; amending s. 343.52, F.S.; defining
  958         the term “department”; amending s. 343.54, F.S.;
  959         prohibiting the South Florida Regional Transportation
  960         Authority from entering into, extending, or renewing
  961         certain contracts or other agreements without the
  962         department’s prior review and written approval if such
  963         contracts or agreements may be funded with funds
  964         provided by the department; amending s. 343.58, F.S.;
  965         providing that certain funds provided to the authority
  966         by the department constitute state financial
  967         assistance for specified purposes, subject to certain
  968         requirements; requiring the department to provide
  969         certain funds in accordance with the terms of an
  970         agreement between the authority and the department;
  971         authorizing the department to advance the authority a
  972         certain amount of the total funding for a state fiscal
  973         year at the beginning of each state fiscal year,
  974         subject to certain requirements; requiring the
  975         authority to promptly provide the department any
  976         documentation or information, in addition to the
  977         proposed annual budget, which is required by the
  978         department for its evaluation of the proposed uses of
  979         state funds; amending s. 215.82, F.S.; conforming a
  980         provision to changes made by the act; amending s.
  981         343.53, F.S.; conforming a cross-reference; amending
  982         s. 427.011, F.S.; revising the definition of the term
  983         “paratransit”; authorizing the Secretary of
  984         Transportation to enroll the State of Florida in
  985         federal pilot programs or projects for the collection
  986         and study of data for the review of federal or state
  987         roadway safety, infrastructure sustainability,
  988         congestion mitigation, transportation system
  989         efficiency, autonomous vehicle technology, or capacity
  990         challenges; amending ss. 316.2128, 316.613, and
  991         655.960, F.S.; conforming cross-references; providing
  992         effective dates, one of which is