Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1194
       
       
       
       
       
       
                                Ì7027749Î702774                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2021           .                                
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       The Committee on Appropriations (Hooper) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 177.107, Florida Statutes, is created to
    6  read:
    7         177.107 Closing and abandonment of roads; optional
    8  conveyance to a community development district; traffic control
    9  jurisdiction.—
   10         (1) The governing body of a municipality or county may
   11  abandon the roads and rights-of-way dedicated in a recorded
   12  residential subdivision plat and simultaneously convey the
   13  municipality’s or county’s interest in such roads, rights-of
   14  way, and appurtenant drainage facilities to a community
   15  development district established under chapter 190 in which the
   16  subdivision is located, if all of the following conditions are
   17  met:
   18         (a) The community development district has requested the
   19  abandonment and conveyance by written resolution for the purpose
   20  of converting the subdivision to a gated neighborhood with
   21  monitored public access.
   22         (b) The community development district has received
   23  approval for the conveyance by a vote of two-thirds of the
   24  landowners who are subject to the non-ad valorem assessments of
   25  the community development district and who are present by person
   26  or proxy at a properly noticed landowners meeting.
   27         (c)The community development district has executed an
   28  interlocal agreement with the municipality or county, as
   29  applicable, requiring the community development district to do
   30  all of the following:
   31         1. Maintain the roads and any associated drainage, street
   32  lighting, or sidewalks identified in the interlocal agreement to
   33  municipal or county standards, as applicable.
   34         2. Every 5 years, conduct a reserve study of the roads and
   35  any associated drainage, street lighting, or sidewalks
   36  identified in the interlocal agreement.
   37         3. Levy annual special assessments in amounts sufficient to
   38  maintain the roads and any drainage, street lighting, or
   39  sidewalks identified in the interlocal agreement to municipal or
   40  county standards, as applicable.
   41         4. Annually fund the amounts set forth in the reserve
   42  study.
   43         (2) The community development district shall install,
   44  operate, maintain, repair, and replace all signs, signals,
   45  markings, striping, guardrails, and other traffic control
   46  devices necessary or useful for the roads unless an agreement
   47  has been entered into between the municipality or county and the
   48  community development district, as authorized under s.
   49  316.006(2)(b) and (3)(b), respectively, expressly providing that
   50  the municipality or county has traffic control jurisdiction.
   51         (3) Upon abandonment of the roads and rights-of-way and the
   52  conveyance thereof to the community development district, the
   53  community development district shall have all the rights, title,
   54  and interest in the roads and rights-of-way, including all
   55  appurtenant drainage facilities, as were previously vested in
   56  the municipality or county. Thereafter, the community
   57  development district shall hold the roads and rights-of-way in
   58  trust for the benefit of the public and owners of the property
   59  in the subdivision and shall operate, maintain, repair, and from
   60  time to time replace and reconstruct the roads and any
   61  associated street lighting, sidewalks, or drainage facilities
   62  identified in the interlocal agreement as necessary to ensure
   63  their use and enjoyment by the public and property owners,
   64  tenants, and residents of the subdivision and their guests and
   65  invitees.
   66         (4) The provisions of this section are supplemental and
   67  additional to the powers of municipalities and counties.
   68         Section 2. Section 287.05705, Florida Statutes, is created
   69  to read:
   70         287.05705Procurements of road, bridge, and other specified
   71  public construction services.—
   72         (1)With respect to competitive solicitations for the
   73  procurement of contractual services that are limited to the
   74  classes of work for which the Department of Transportation
   75  issues certificates of qualification pursuant to s. 337.14, and
   76  which services do not involve the construction, remodeling,
   77  repair, or improvement of any building, a governmental entity
   78  procuring such services may not prohibit a response from a
   79  vendor possessing a valid certificate of qualification under s.
   80  337.14 or license under chapter 489 corresponding to the
   81  contractual services being procured.
   82         (2)This section applies to all competitive solicitations
   83  issued by a governmental entity on or after October 1, 2021.
   84         Section 3. Subsections (5) and (7) of section 316.2397,
   85  Florida Statutes, are amended to read:
   86         316.2397 Certain lights prohibited; exceptions.—
   87         (5) Road maintenance and construction equipment and
   88  vehicles may display flashing white lights or flashing white
   89  strobe lights when in operation and where a hazard exists.
   90  Construction equipment in a work zone on roadways with a posted
   91  speed limit of 55 miles per hour or higher may show or display a
   92  combination of flashing green, amber, and red lights in
   93  conjunction with periods when workers are present. Additionally,
   94  school buses and vehicles that are used to transport farm
   95  workers may display flashing white strobe lights.
   96         (7) Flashing lights are prohibited on vehicles except:
   97         (a) As a means of indicating a right or left turn, to
   98  change lanes, or to indicate that the vehicle is lawfully
   99  stopped or disabled upon the highway;
  100         (b) When a motorist intermittently flashes his or her
  101  vehicle’s headlamps at an oncoming vehicle notwithstanding the
  102  motorist’s intent for doing so;
  103         (c)During periods of extremely low visibility on roadways
  104  with a posted speed limit of 55 miles per hour or higher; and
  105         (d)(c) For the lamps authorized under subsections (1), (2),
  106  (3), (4), and (9), s. 316.2065, or s. 316.235(6) which may
  107  flash.
  108         Section 4. Paragraph (b) of subsection (3) of section
  109  319.30, Florida Statutes, is amended to read:
  110         319.30 Definitions; dismantling, destruction, change of
  111  identity of motor vehicle or mobile home; salvage.—
  112         (3)
  113         (b) The owner, including persons who are self-insured, of a
  114  motor vehicle or mobile home that is considered to be salvage
  115  shall, within 72 hours after the motor vehicle or mobile home
  116  becomes salvage, forward the title to the motor vehicle or
  117  mobile home to the department for processing. However, an
  118  insurance company that pays money as compensation for the total
  119  loss of a motor vehicle or mobile home shall obtain the
  120  certificate of title for the motor vehicle or mobile home, make
  121  the required notification to the National Motor Vehicle Title
  122  Information System, and, within 72 hours after receiving such
  123  certificate of title, forward such title by the United States
  124  Postal Service, by another commercial delivery service, or by
  125  electronic means, when such means are made available by the
  126  department, to the department for processing. The owner or
  127  insurance company, as applicable, may not dispose of a vehicle
  128  or mobile home that is a total loss before it obtains a salvage
  129  certificate of title or certificate of destruction from the
  130  department. Effective January 1, 2020:
  131         1. Thirty days after payment of a claim for compensation
  132  pursuant to this paragraph, the insurance company may receive a
  133  salvage certificate of title or certificate of destruction from
  134  the department if the insurance company is unable to obtain a
  135  properly assigned certificate of title from the owner or
  136  lienholder of the motor vehicle or mobile home, if the motor
  137  vehicle or mobile home does not carry an electronic lien on the
  138  title and the insurance company:
  139         a. Has obtained the release of all liens on the motor
  140  vehicle or mobile home;
  141         b. Has attested on a form provided by the department that
  142  provided proof of payment of the total loss claim has been
  143  distributed; and
  144         c. Has attested on a form provided by the department and
  145  provided an affidavit on letterhead signed by the insurance
  146  company or its authorized agent stating the attempts that have
  147  been made to obtain the title from the owner or lienholder and
  148  further stating that all attempts are to no avail. The form
  149  affidavit must include a request that the salvage certificate of
  150  title or certificate of destruction be issued in the insurance
  151  company’s name due to payment of a total loss claim to the owner
  152  or lienholder. The attempts to contact the owner may be by
  153  written request delivered in person or by first-class mail with
  154  a certificate of mailing to the owner’s or lienholder’s last
  155  known address.
  156         2. If the owner or lienholder is notified of the request
  157  for title in person, the insurance company must provide an
  158  affidavit attesting to the in-person request for a certificate
  159  of title.
  160         3. The request to the owner or lienholder for the
  161  certificate of title must include a complete description of the
  162  motor vehicle or mobile home and the statement that a total loss
  163  claim has been paid on the motor vehicle or mobile home.
  164         Section 5. Paragraph (b) of subsection (1) of section
  165  320.06, Florida Statutes, as amended by section 1 of chapter
  166  2020-181, Laws of Florida, is amended to read:
  167         320.06 Registration certificates, license plates, and
  168  validation stickers generally.—
  169         (1)
  170         (b)1. Registration license plates bearing a graphic symbol
  171  and the alphanumeric system of identification shall be issued
  172  for a 10-year period. At the end of the 10-year period, upon
  173  renewal, the plate shall be replaced. The department shall
  174  extend the scheduled license plate replacement date from a 6
  175  year period to a 10-year period. The fee for such replacement is
  176  $28, $2.80 of which shall be paid each year before the plate is
  177  replaced, to be credited toward the next $28 replacement fee.
  178  The fees shall be deposited into the Highway Safety Operating
  179  Trust Fund. A credit or refund may not be given for any prior
  180  years’ payments of the prorated replacement fee if the plate is
  181  replaced or surrendered before the end of the 10-year period,
  182  except that a credit may be given if a registrant is required by
  183  the department to replace a license plate under s.
  184  320.08056(8)(a). With each license plate, a validation sticker
  185  shall be issued showing the owner’s birth month, license plate
  186  number, and the year of expiration or the appropriate renewal
  187  period if the owner is not a natural person. The validation
  188  sticker shall be placed on the upper right corner of the license
  189  plate. The license plate and validation sticker shall be issued
  190  based on the applicant’s appropriate renewal period. The
  191  registration period is 12 months, the extended registration
  192  period is 24 months, and all expirations occur based on the
  193  applicant’s appropriate registration period. Rental vehicles
  194  taxed pursuant to s. 320.08(6)(a) may elect a permanent
  195  registration period, provided payment of the appropriate license
  196  taxes and fees occurs annually. A vehicle that has an
  197  apportioned registration shall be issued an annual license plate
  198  and a cab card that denote the declared gross vehicle weight for
  199  each apportioned jurisdiction in which the vehicle is authorized
  200  to operate.
  201         2. In order to retain the efficient administration of the
  202  taxes and fees imposed by this chapter, the 80-cent fee increase
  203  in the replacement fee imposed by chapter 2009-71, Laws of
  204  Florida, is negated as provided in s. 320.0804.
  205         Section 6. Subsection (3) and paragraph (a) of subsection
  206  (10) of section 320.27, Florida Statutes, are amended to read:
  207         320.27 Motor vehicle dealers.—
  208         (3) APPLICATION AND FEE.—The application for the license
  209  shall be in such form as may be prescribed by the department and
  210  shall be subject to such rules with respect thereto as may be so
  211  prescribed by it. Such application shall be verified by oath or
  212  affirmation and shall contain a full statement of the name and
  213  birth date of the person or persons applying therefor; the name
  214  of the firm or copartnership, with the names and places of
  215  residence of all members thereof, if such applicant is a firm or
  216  copartnership; the names and places of residence of the
  217  principal officers, if the applicant is a body corporate or
  218  other artificial body; the name of the state under whose laws
  219  the corporation is organized; the present and former place or
  220  places of residence of the applicant; and prior business in
  221  which the applicant has been engaged and the location thereof.
  222  Such application shall describe the exact location of the place
  223  of business and shall state whether the place of business is
  224  owned by the applicant and when acquired, or, if leased, a true
  225  copy of the lease shall be attached to the application. The
  226  applicant shall certify that the location provides an adequately
  227  equipped office and is not a residence; that the location
  228  affords sufficient unoccupied space upon and within which
  229  adequately to store all motor vehicles offered and displayed for
  230  sale; and that the location is a suitable place where the
  231  applicant can in good faith carry on such business and keep and
  232  maintain books, records, and files necessary to conduct such
  233  business, which shall be available at all reasonable hours to
  234  inspection by the department or any of its inspectors or other
  235  employees. The applicant shall certify that the business of a
  236  motor vehicle dealer is the principal business which shall be
  237  conducted at that location. The application shall contain a
  238  statement that the applicant is either franchised by a
  239  manufacturer of motor vehicles, in which case the name of each
  240  motor vehicle that the applicant is franchised to sell shall be
  241  included, or an independent (nonfranchised) motor vehicle
  242  dealer. The application shall contain other relevant information
  243  as may be required by the department, including evidence that
  244  the applicant is insured under a garage liability insurance
  245  policy or a general liability insurance policy coupled with a
  246  business automobile policy, which shall include, at a minimum,
  247  $25,000 combined single-limit liability coverage including
  248  bodily injury and property damage protection and $10,000
  249  personal injury protection. However, a salvage motor vehicle
  250  dealer as defined in subparagraph (1)(c)5. is exempt from the
  251  requirements for garage liability insurance and personal injury
  252  protection insurance on those vehicles that cannot be legally
  253  operated on roads, highways, or streets in this state. Franchise
  254  dealers must submit a garage liability insurance policy, and all
  255  other dealers must submit a garage liability insurance policy or
  256  a general liability insurance policy coupled with a business
  257  automobile policy. Such policy shall be for the license period,
  258  and evidence of a new or continued policy shall be delivered to
  259  the department at the beginning of each license period. A
  260  licensee shall deliver to the department, in the manner
  261  prescribed by the department, within 10 calendar days after any
  262  renewal or continuation of or change in such policy or within 10
  263  calendar days after any issuance of a new policy, a copy of the
  264  renewed, continued, changed, or new policy. Upon making initial
  265  application, the applicant shall pay to the department a fee of
  266  $300 in addition to any other fees required by law. Applicants
  267  may choose to extend the licensure period for 1 additional year
  268  for a total of 2 years. An initial applicant shall pay to the
  269  department a fee of $300 for the first year and $75 for the
  270  second year, in addition to any other fees required by law. An
  271  applicant for renewal shall pay to the department $75 for a 1
  272  year renewal or $150 for a 2-year renewal, in addition to any
  273  other fees required by law. Upon making an application for a
  274  change of location, the person shall pay a fee of $50 in
  275  addition to any other fees now required by law. The department
  276  shall, in the case of every application for initial licensure,
  277  verify whether certain facts set forth in the application are
  278  true. Each applicant, general partner in the case of a
  279  partnership, or corporate officer and director in the case of a
  280  corporate applicant, must file a set of fingerprints with the
  281  department for the purpose of determining any prior criminal
  282  record or any outstanding warrants. The department shall submit
  283  the fingerprints to the Department of Law Enforcement for state
  284  processing and forwarding to the Federal Bureau of Investigation
  285  for federal processing. The actual cost of state and federal
  286  processing shall be borne by the applicant and is in addition to
  287  the fee for licensure. The department may issue a license to an
  288  applicant pending the results of the fingerprint investigation,
  289  which license is fully revocable if the department subsequently
  290  determines that any facts set forth in the application are not
  291  true or correctly represented.
  292         (10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED.—
  293         (a) Annually, before any license shall be issued to a motor
  294  vehicle dealer, the applicant-dealer of new or used motor
  295  vehicles shall deliver to the department a good and sufficient
  296  surety bond or irrevocable letter of credit, executed by the
  297  applicant-dealer as principal, in the sum of $25,000. A licensee
  298  shall deliver to the department, in the manner prescribed by the
  299  department, within 10 calendar days after any renewal or
  300  continuation of or change in such surety bond or irrevocable
  301  letter of credit or within 10 calendar days after any issuance
  302  of a new surety bond or irrevocable letter of credit, a copy of
  303  such renewed, continued, changed, or new surety bond or
  304  irrevocable letter of credit.
  305         Section 7. Section 337.025, Florida Statutes, is amended to
  306  read:
  307         337.025 Innovative transportation projects; department to
  308  establish program.—
  309         (1) The department may establish a program for
  310  transportation projects demonstrating innovative techniques of
  311  highway and bridge design, construction, maintenance, and
  312  finance which have the intended effect of measuring resiliency
  313  and structural integrity and controlling time and cost increases
  314  on construction projects. Such techniques may include, but are
  315  not limited to, state-of-the-art technology for pavement,
  316  safety, and other aspects of highway and bridge design,
  317  construction, and maintenance; innovative bidding and financing
  318  techniques; accelerated construction procedures; and those
  319  techniques that have the potential to reduce project life cycle
  320  costs. To the maximum extent practical, the department must use
  321  the existing process to award and administer construction and
  322  maintenance contracts. When specific innovative techniques are
  323  to be used, the department is not required to adhere to those
  324  provisions of law that would prevent, preclude, or in any way
  325  prohibit the department from using the innovative technique.
  326  However, before using an innovative technique that is
  327  inconsistent with another provision of law, the department must
  328  document in writing the need for the exception and identify what
  329  benefits the traveling public and the affected community are
  330  anticipated to receive. The department may enter into no more
  331  than $120 million in contracts awarded annually for the purposes
  332  authorized by this section.
  333         (2) The annual cap on contracts provided in subsection (1)
  334  does shall not apply to:
  335         (a) Turnpike enterprise projects, and turnpike enterprise
  336  projects shall not be counted toward the department’s annual
  337  cap.
  338         (b) Low-bid design-build milling and resurfacing contracts
  339  Transportation projects funded by the American Recovery and
  340  Reinvestment Act of 2009.
  341         Section 8. Section 337.0262, Florida Statutes, is created
  342  to read:
  343         337.0262Purchase and use of clay, peat, gravel, sand, or
  344  any other solid substance extracted from borrow pits.—
  345         (1)The department, and any contractor or subcontractor of
  346  the department, may not purchase or use any clay, peat, gravel,
  347  sand, or other solid substance extracted from a borrow pit as
  348  defined in s. 378.403 unless:
  349         (a)Certification is provided to the department,
  350  contractor, or subcontractor by the operator of the borrow pit
  351  that it is in compliance with the notice requirements and
  352  substantive requirements of s. 378.801; and
  353         (b)The operator of the borrow pit is in compliance with
  354  the performance standards in s. 378.803, including, but not
  355  limited to, providing proof of currently valid permits required
  356  by the Department of Environmental Protection and the
  357  appropriate water management district.
  358         (2)All contracts and purchase orders executed by the
  359  department, and all subcontracts and purchase orders executed by
  360  contractors or subcontractors after July 1, 2021, must include
  361  specific requirements for compliance with this section.
  362         (3)In the event that the department determines that
  363  substances are being obtained and used from a borrow pit that is
  364  not in compliance with this section, the department must cease
  365  to accept any substances from that borrow pit within 48 hours
  366  after such determination. The department may resume acceptance
  367  of substances from the borrow pit once the borrow pit is in
  368  compliance with this section.
  369         Section 9. Subsections (1), (4), and (7) of section 337.14,
  370  Florida Statutes, are amended to read:
  371         337.14 Application for qualification; certificate of
  372  qualification; restrictions; request for hearing.—
  373         (1) Any contractor desiring to bid for the performance of
  374  any construction contract in excess of $250,000 which the
  375  department proposes to let must first be certified by the
  376  department as qualified pursuant to this section and rules of
  377  the department. The rules of the department must address the
  378  qualification of contractors to bid on construction contracts in
  379  excess of $250,000 and must include requirements with respect to
  380  the equipment, past record, experience, financial resources, and
  381  organizational personnel of the applying contractor which are
  382  necessary to perform the specific class of work for which the
  383  contractor seeks certification. Any contractor who desires to
  384  bid on contracts in excess of $50 million and who is not
  385  qualified and in good standing with the department as of January
  386  1, 2019, must first be certified by the department as qualified
  387  and desires to bid on contracts in excess of $50 million must
  388  have satisfactorily completed two projects, each in excess of
  389  $15 million, for the department or for any other state
  390  department of transportation. The department may limit the
  391  dollar amount of any contract upon which a contractor is
  392  qualified to bid or the aggregate total dollar volume of
  393  contracts such contractor is allowed to have under contract at
  394  any one time. Each applying contractor seeking qualification to
  395  bid on construction contracts in excess of $250,000 shall
  396  furnish the department a statement under oath, on such forms as
  397  the department may prescribe, setting forth detailed information
  398  as required on the application. Each application for
  399  certification must be accompanied by audited, certified
  400  financial statements prepared in accordance with generally
  401  accepted accounting principles and auditing standards by a
  402  certified public accountant licensed in this state or another
  403  state. The audited, certified financial statements must be for
  404  the applying contractor and must have been prepared the latest
  405  annual financial statement of the applying contractor completed
  406  within the immediately preceding last 12 months. The department
  407  may not consider any financial information of the parent entity
  408  of the applying contractor, if any. The department may not
  409  certify as qualified any applying contractor who fails to submit
  410  the audited, certified financial statements required by this
  411  subsection. If the application or the annual financial statement
  412  shows the financial condition of the applying contractor more
  413  than 4 months before prior to the date on which the application
  414  is received by the department, the applicant must also submit an
  415  interim audited, certified financial statements prepared in
  416  accordance with generally accepted accounting principles and
  417  auditing standards by a certified public accountant licensed in
  418  this state or another state statement and an updated application
  419  must be submitted. The interim financial statements statement
  420  must cover the period from the end date of the annual statement
  421  and must show the financial condition of the applying contractor
  422  no more than 4 months before prior to the date that the interim
  423  financial statements are statement is received by the
  424  department. However, upon the request of the applying
  425  contractor, an application and accompanying annual or interim
  426  financial statement received by the department within 15 days
  427  after either 4-month period under this subsection shall be
  428  considered timely. Each required annual or interim financial
  429  statement must be audited and accompanied by the opinion of a
  430  certified public accountant. An applying contractor desiring to
  431  bid exclusively for the performance of construction contracts
  432  with proposed budget estimates of less than $1 million may
  433  submit reviewed annual or reviewed interim financial statements
  434  prepared by a certified public accountant. The information
  435  required by this subsection is confidential and exempt from s.
  436  119.07(1). The department shall act upon the application for
  437  qualification within 30 days after the department determines
  438  that the application is complete. The department may waive the
  439  requirements of this subsection for projects having a contract
  440  price of $500,000 or less if the department determines that the
  441  project is of a noncritical nature and the waiver will not
  442  endanger public health, safety, or property.
  443         (4) If the applicant is found to possess the prescribed
  444  qualifications, the department shall issue to him or her a
  445  certificate of qualification that, unless thereafter revoked by
  446  the department for good cause, will be valid for a period of 18
  447  months after the date of the applicant’s financial statement or
  448  such shorter period as the department prescribes. Submission of
  449  an application and subsequent approval do shall not affect
  450  expiration of the certificate of qualification, the ability
  451  factor of the applicant, or the maximum capacity rating of the
  452  applicant. If the department finds that an application is
  453  incomplete or contains inadequate information or information
  454  that cannot be verified, the department may request in writing
  455  that the applicant provide the necessary information to complete
  456  the application or provide the source from which any information
  457  in the application may be verified. If the applicant fails to
  458  comply with the initial written request within a reasonable
  459  period of time as specified therein, the department shall
  460  request the information a second time. If the applicant fails to
  461  comply with the second request within a reasonable period of
  462  time as specified therein, the application shall be denied.
  463         (7) A “contractor” as defined in s. 337.165(1)(d) or his or
  464  her “affiliate” as defined in s. 337.165(1)(a) qualified with
  465  the department under this section may not also qualify under s.
  466  287.055 or s. 337.105 to provide testing services, construction,
  467  engineering, and inspection services to the department. This
  468  limitation does not apply to any design-build prequalification
  469  under s. 337.11(7) and does not apply when the department
  470  otherwise determines by written order entered at least 30 days
  471  before advertisement that the limitation is not in the best
  472  interests of the public with respect to a particular contract
  473  for testing services, construction, engineering, and inspection
  474  services. This subsection does not authorize a contractor to
  475  provide testing services, or provide construction, engineering,
  476  and inspection services, to the department in connection with a
  477  construction contract under which the contractor is performing
  478  any work. Notwithstanding any other provision of law to the
  479  contrary, for a project that is wholly or partially funded by
  480  the department and administered by a local governmental entity,
  481  except for a seaport listed in s. 311.09 or an airport as
  482  defined in s. 332.004, the entity performing design and
  483  construction engineering and inspection services may not be the
  484  same entity.
  485         Section 10. Section 337.185, Florida Statutes, is amended
  486  to read:
  487         (Substantial rewording of section. See
  488         s. 337.185, F.S., for present text.)
  489         337.185State Arbitration Board.—
  490         (1)To facilitate the prompt resolution of claims arising
  491  out of or in connection with a construction or maintenance
  492  contract with the department, the Legislature establishes the
  493  State Arbitration Board, referred to in this section as the
  494  “board.”
  495         (2)As used in this section, the term:
  496         (a)“Claim” means the aggregate of all outstanding written
  497  requests for additional monetary compensation, time, or other
  498  adjustments to the contract, the entitlement or impact of which
  499  is disputed by the department and could not be resolved by
  500  negotiation between the department and the contractor.
  501         (b)“Contractor” means a person or firm having a contract
  502  for rendering services to the department relating to the
  503  construction or maintenance of a transportation facility.
  504         (c)“Final acceptance” means that the contractor has
  505  completely performed the work provided for under the contract,
  506  the department or its agent has determined that the contractor
  507  has satisfactorily completed the work provided for under the
  508  contract, and the department or its agent has submitted written
  509  notice of final acceptance to the contractor.
  510         (3)Every claim in an amount of up to $250,000 per contract
  511  that could not be resolved by negotiation between the department
  512  and the contractor must be arbitrated by the board. An award
  513  issued by the board pursuant to this section is final and
  514  enforceable by a court of law.
  515         (4)The contractor may submit a claim greater than $250,000
  516  up to $1 million per contract or, upon agreement of the parties,
  517  up to $2 million per contract to be arbitrated by the board. An
  518  award issued by the board pursuant to this subsection is final
  519  if a request for a trial de novo is not filed within the time
  520  provided by Rule 1.830, Florida Rules of Civil Procedure. At the
  521  trial de novo, the court may not admit evidence that there has
  522  been an arbitration proceeding, the nature or amount of the
  523  award, or any other matter concerning the conduct of the
  524  arbitration proceeding, except that testimony given at an
  525  arbitration hearing may be used for any purpose otherwise
  526  permitted by the Florida Evidence Code. If a request for trial
  527  de novo is not filed within the time provided, the award issued
  528  by the board is final and enforceable by a court of law.
  529         (5)An arbitration request may not be made to the board
  530  before final acceptance but must be made to the board within 820
  531  days after final acceptance.
  532         (6)The board shall schedule a hearing within 45 days after
  533  an arbitration request and, if possible, shall conduct the
  534  hearing within 90 days after the request. The board may
  535  administer oaths and conduct the proceedings as provided by the
  536  rules of the court. The hearing shall be conducted informally.
  537  Presentation of testimony and evidence shall be kept to a
  538  minimum, and matters shall be presented to the arbitrators
  539  primarily through the statements and arguments of counsel. The
  540  board shall address the scope of discovery, presentation of
  541  testimony, and evidence at a preliminary hearing by considering
  542  the size, subject matter, and complexity of the dispute. Any
  543  party to the arbitration may petition the board, for good cause
  544  shown, to issue subpoenas for the attendance of witnesses and
  545  the production of books, records, documents, and other evidence
  546  at the arbitration and may petition the board for orders
  547  compelling such attendance and production at the arbitration.
  548  Subpoenas shall be served and are enforceable in the manner
  549  provided by law.
  550         (7)The board must issue an award within 45 days after the
  551  conclusion of the arbitration hearing. If all three members of
  552  the board do not agree, the award agreed to by the majority
  553  shall constitute the award of the board.
  554         (8)The board shall be composed of three members. The first
  555  member shall be appointed by the Secretary of Transportation,
  556  and the second member shall be elected by those construction or
  557  maintenance companies that are under contract with the
  558  department. The third member shall be chosen by agreement of the
  559  first and second members. If the first or second member has a
  560  conflict of interest regarding affiliation with one of the
  561  parties to an arbitration hearing, the appointing entity shall
  562  appoint an alternate member for that hearing. If the third
  563  member has such a conflict of interest, the first and second
  564  members shall select an alternate member. Each member shall
  565  serve a 4-year term. The board shall elect a chair for each
  566  term, who shall be the administrator of the board and custodian
  567  of its records.
  568         (9)The presence of all board members is required to
  569  conduct a meeting in person or via videoconferencing.
  570         (10)The members of the board shall receive compensation
  571  for the performance of their duties from deposits made by the
  572  parties based on an estimate of compensation by the board,
  573  except that an employee of the department may not receive
  574  compensation from the board. All deposits will be held in escrow
  575  by the chair in advance of the hearing. Each member eligible for
  576  compensation shall be compensated at $200 per hour, up to a
  577  maximum of $1,500 per day. A member shall be reimbursed for the
  578  actual cost of his or her travel expenses. The board may
  579  allocate funds annually for clerical and other administrative
  580  services.
  581         (11)To cover the cost of administration and initial
  582  compensation of the board, the party requesting arbitration
  583  shall pay a filing fee to the board, according to a schedule
  584  established by the board, of:
  585         (a)Up to $500 for a claim that is $25,000 or less.
  586         (b)Up to $1,000 for a claim that is more than $25,000 but
  587  is $50,000 or less.
  588         (c)Up to $1,500 for a claim that is more than $50,000 but
  589  is $100,000 or less.
  590         (d)Up to $2,000 for a claim that is more than $100,000 but
  591  is $200,000 or less.
  592         (e)Up to $3,000 for a claim that is more than $200,000 but
  593  is $300,000 or less.
  594         (f)Up to $4,000 for a claim that is more than $300,000 but
  595  is $400,000 or less.
  596         (g)Up to $5,000 for a claim that is more than $400,000.
  597  
  598  The board may apportion the filing fees and the cost of
  599  recording and preparing a transcript of the hearing among the
  600  parties in its award.
  601         Section 11. Part III of chapter 343, Florida Statutes,
  602  consisting of sections 343.80, 343.805, 343.81, 343.82, 343.83,
  603  343.835, 343.836, 343.84, 343.85, 343.87, 343.875, 343.88,
  604  343.881, 343.884, and 343.89, Florida Statutes, is repealed.
  605         Section 12. Paragraph (c) of subsection (1) of section
  606  348.754, Florida Statutes, is amended to read:
  607         348.754 Purposes and powers.—
  608         (1)
  609         (c) Notwithstanding any other provision of this section to
  610  the contrary, to ensure the continued financial feasibility of
  611  the portion of the Wekiva Parkway to be constructed by the
  612  department, the authority may not, without the prior
  613  consultation with consent of the secretary of the department,
  614  construct any extensions, additions, or improvements to the
  615  expressway system in Lake County.
  616         Section 13. Paragraph (d) of subsection (2) of section
  617  349.04, Florida Statutes, is amended to read:
  618         349.04 Purposes and powers.—
  619         (2) The authority is hereby granted, and shall have and may
  620  exercise all powers necessary, appurtenant, convenient, or
  621  incidental to the carrying out of the aforesaid purposes,
  622  including, but without being limited to, the right and power:
  623         (d) To enter into and make leases for terms not exceeding
  624  99 40 years, as either lessee or lessor, in order to carry out
  625  the right to lease as set forth in this chapter.
  626         Section 14. Present subsections (3) through (19) of section
  627  378.403, Florida Statutes, are redesignated as subsections (4)
  628  through (20), respectively, and a new subsection (3) is added to
  629  that section, to read:
  630         378.403 Definitions.—As used in this part, the term:
  631         (3)“Borrow pit” means an area of land upon which
  632  excavation of surface resources has been conducted, is being
  633  conducted, or is planned to be conducted, as the term is
  634  commonly used in the mining trade, and is not considered a mine.
  635  Such resources are limited to soil, organic soil, sand, or clay
  636  that can be removed with construction excavating equipment and
  637  loaded on a haul truck with no additional processing.
  638         Section 15. Section 378.801, Florida Statutes, is amended
  639  to read:
  640         378.801 Other resources; notice of intent to extract mine
  641  required.—
  642         (1) An No operator may not begin the operation of a borrow
  643  pit, or the process of extracting clay, peat, gravel, sand, or
  644  any other solid substance of commercial value found in natural
  645  deposits or in the earth, except fuller’s earth clay, heavy
  646  minerals, limestone, or phosphate, which are regulated elsewhere
  647  in this chapter, at a new location mine without notifying the
  648  secretary of the intention to extract mine.
  649         (2) The operator’s notice of intent to extract mine shall
  650  consist of the operator’s estimated life of the extraction
  651  location mine and the operator’s signed acknowledgment of the
  652  performance standards provided by s. 378.803.
  653         Section 16. Section 378.802, Florida Statutes, is amended
  654  to read:
  655         378.802 Existing extraction locations mines.—After January
  656  1, 1989, all operators of existing locations mines for the
  657  extraction of resources as described in s. 378.801 shall meet
  658  the performance standards provided by s. 378.803 for any new
  659  surface area disturbed at such locations mines.
  660         Section 17. Subsection (5) of section 479.07, Florida
  661  Statutes, is amended to read:
  662         479.07 Sign permits.—
  663         (5)(a) For each permit issued, the department shall furnish
  664  to the applicant a serially numbered permanent metal permit tag.
  665  The permittee is responsible for maintaining a valid permit tag
  666  on each permitted sign facing at all times. The tag shall be
  667  securely attached to the upper 50 percent of the sign structure,
  668  and attached in such a manner as to be plainly visible from the
  669  main-traveled way. The permit tag must be properly and
  670  permanently displayed at the permitted site within 30 days after
  671  the date of permit issuance. If the permittee fails to erect a
  672  completed sign on the permitted site within 270 days after the
  673  date on which the permit was issued, the permit will be void,
  674  and the department may not issue a new permit to that permittee
  675  for the same location for 270 days after the date on which the
  676  permit becomes void.
  677         (b) If a permit tag is lost, stolen, or destroyed, the
  678  permittee to whom the tag was issued must apply to the
  679  department for a replacement tag. The department shall establish
  680  a service fee for replacement tags in an amount that will
  681  recover the actual cost of providing the replacement tag. Upon
  682  receipt of the application accompanied by the service fee, the
  683  department shall issue a replacement permit tag.
  684         (c)1.As soon as practicable, the department shall create
  685  and implement a publicly accessible electronic database to
  686  include all permits issued by the department. At a minimum, the
  687  database must include the name and contact information of the
  688  permit operator, the structure identification number or numbers,
  689  the panel or face identification number or numbers, the latitude
  690  and longitude of the permitted sign, the compass bearing, images
  691  of the permitted sign once constructed, and the most recent date
  692  the department visually inspected the permitted sign.
  693         2.Once the department creates and implements the publicly
  694  accessible electronic database:
  695         a.The department may not furnish permanent metal permit
  696  tags or replacement tags to permittees;
  697         b.The department may not enforce the provisions relating
  698  to permanent metal permit tags or replacement tags specified in
  699  paragraphs (a) and (b); and
  700         c.Permittees are not required to return permit tags to the
  701  department as provided in subsection (8).
  702         Section 18. Notwithstanding any other law, the Northwest
  703  Florida Transportation Corridor Authority is dissolved. The
  704  authority shall discharge or make provision for the authority’s
  705  debts, obligations, and other liabilities; settle and close the
  706  authority’s activities and affairs; and provide for distribution
  707  of the authority’s assets, or the proceeds of such assets, such
  708  that each local general-purpose government represented on the
  709  authority’s board receives a distribution generally in
  710  proportion to each entity’s contribution to the acquisition of
  711  the assets.
  712         Section 19. This act shall take effect July 1, 2021.
  713  
  714  ================= T I T L E  A M E N D M E N T ================
  715  And the title is amended as follows:
  716         Delete everything before the enacting clause
  717  and insert:
  718                        A bill to be entitled                      
  719         An act relating to transportation; creating s.
  720         177.107, F.S.; authorizing governing bodies of
  721         municipalities and counties to abandon and convey
  722         their interests in certain roads and rights-of-way
  723         dedicated in a recorded residential subdivision plat
  724         to community development districts under specified
  725         conditions; specifying duties for community
  726         development districts relating to such roads and
  727         rights-of-way; providing for traffic control
  728         jurisdiction of such roads; specifying that the
  729         community development district has all rights, title,
  730         and interest in such roads and rights-of-way upon
  731         abandonment and conveyance; requiring community
  732         development districts to thereafter hold such roads
  733         and rights-of-way in trust; providing construction;
  734         creating s. 287.05705, F.S.; providing that certain
  735         governmental entities may not prohibit certain vendors
  736         from responding to competitive solicitations of
  737         certain contractual services; providing applicability;
  738         amending s. 316.2397, F.S.; revising provisions
  739         authorizing vehicles and equipment to show or display
  740         flashing lights; amending s. 319.30, F.S.; revising
  741         conditions under which insurance companies are
  742         authorized to receive salvage certificates of title or
  743         certificates of destruction for motor vehicles and
  744         mobile homes from the Department of Highway Safety and
  745         Motor Vehicles; amending s. 320.06, F.S.; clarifying
  746         that certain rental vehicles are authorized to elect a
  747         permanent registration period; amending s. 320.27,
  748         F.S.; requiring motor vehicle dealer licensees to
  749         deliver copies of renewed, continued, changed, or new
  750         insurance policies to the department within specified
  751         timeframes under certain conditions; requiring such
  752         licensees to deliver copies of renewed, continued,
  753         changed, or new surety bonds or irrevocable letters of
  754         credit to the department within specified timeframes
  755         under certain conditions; amending s. 337.025, F.S.;
  756         revising the type of transportation project contracts
  757         that are subject to an annual cap; creating s.
  758         337.0262, F.S.; prohibiting the Department of
  759         Transportation and contractors and subcontractors of
  760         the department from purchasing specified substances
  761         from a borrow pit unless specified conditions are
  762         satisfied; requiring certain contracts, subcontracts,
  763         and purchase orders to require compliance with the
  764         prohibition; requiring the department to cease
  765         acceptance of substances from a borrow pit under
  766         certain conditions; authorizing the department to
  767         resume acceptance of such substances under certain
  768         conditions; amending s. 337.14, F.S.; requiring
  769         contractors wishing to bid on certain contracts to
  770         first be certified by the department as qualified;
  771         revising requirements for applying for and issuing a
  772         certificate of qualification; providing construction
  773         with respect to submission and approval of an
  774         application for such certificate; exempting airports
  775         from certain restrictions regarding entities
  776         performing engineering and inspection services;
  777         amending s. 337.185, F.S.; revising and providing
  778         definitions; revising requirements for arbitration of
  779         certain contracts by the State Arbitration Board;
  780         revising requirements regarding arbitration requests,
  781         hearings, procedures, and awards; revising membership
  782         and meeting requirements; revising compensation of
  783         board members; repealing part III of ch. 343, F.S.,
  784         relating to the creation and operation of the
  785         Northwest Florida Transportation Corridor Authority;
  786         amending s. 348.754, F.S.; prohibiting the Central
  787         Florida Expressway Authority from constructing any
  788         extensions, additions, or improvements to the Central
  789         Florida Expressway System in Lake County without prior
  790         consultation with, rather than consent of, the
  791         Secretary of Transportation; amending s. 349.04, F.S.;
  792         revising a limitation on the terms of leases that the
  793         Jacksonville Transportation Authority may enter into
  794         and make; amending s. 378.403, F.S.; defining the term
  795         “borrow pit”; amending s. 378.801, F.S.; prohibiting
  796         operation of a borrow pit at a new location without
  797         notifying the Secretary of Environmental Protection of
  798         the intent to extract; conforming provisions to
  799         changes made by the act; amending s. 378.802, F.S.;
  800         revising application of provisions to exclude existing
  801         locations; amending s. 479.07, F.S.; requiring the
  802         department to create and implement a publicly
  803         accessible electronic database for sign permit
  804         information; specifying requirements for the database;
  805         prohibiting the department from furnishing permanent
  806         metal permit tags or replacement tags and from
  807         enforcing specified provisions once the department
  808         creates and implements the database; specifying that
  809         permittees are not required to return permit tags to
  810         the department once the department creates and
  811         implements the database; dissolving the Northwest
  812         Florida Transportation Corridor Authority and
  813         requiring the authority to discharge its liabilities,
  814         settle and close its activities and affairs, and
  815         provide for the distribution of the authority’s
  816         assets; providing an effective date.