CS for CS for CS for SB 1194                     First Engrossed
    1                        A bill to be entitled                      
    2         An act relating to transportation; creating s.
    3         177.107, F.S.; authorizing governing bodies of
    4         municipalities and counties to abandon and convey
    5         their interests in certain roads and rights-of-way
    6         dedicated in a recorded residential subdivision plat
    7         to community development districts under specified
    8         conditions; specifying duties for community
    9         development districts relating to such roads and
   10         rights-of-way; providing for traffic control
   11         jurisdiction of such roads; specifying that the
   12         community development district has all rights, title,
   13         and interest in such roads and rights-of-way upon
   14         abandonment and conveyance; requiring community
   15         development districts to thereafter hold such roads
   16         and rights-of-way in trust; providing construction;
   17         creating s. 287.05705, F.S.; providing that certain
   18         governmental entities may not prohibit certain vendors
   19         from responding to competitive solicitations of
   20         certain contractual services; providing applicability;
   21         amending s. 316.2397, F.S.; revising provisions
   22         authorizing vehicles and equipment to show or display
   23         flashing lights; amending s. 318.18, F.S.; providing
   24         fines for certain violations relating to motor vehicle
   25         noise abatement equipment modifications; amending s.
   26         319.30, F.S.; revising conditions under which
   27         insurance companies are authorized to receive salvage
   28         certificates of title or certificates of destruction
   29         for motor vehicles and mobile homes from the
   30         Department of Highway Safety and Motor Vehicles;
   31         amending s. 320.06, F.S.; clarifying that certain
   32         rental vehicles are authorized to elect a permanent
   33         registration period; amending s. 320.27, F.S.;
   34         requiring motor vehicle dealer licensees to deliver
   35         copies of renewed, continued, changed, or new
   36         insurance policies to the department within specified
   37         timeframes under certain conditions; requiring such
   38         licensees to deliver copies of renewed, continued,
   39         changed, or new surety bonds or irrevocable letters of
   40         credit to the department within specified timeframes
   41         under certain conditions; amending s. 337.025, F.S.;
   42         revising the type of transportation project contracts
   43         that are subject to an annual cap; creating s.
   44         337.0262, F.S.; prohibiting the Department of
   45         Transportation and contractors and subcontractors of
   46         the department from purchasing specified substances
   47         from a borrow pit unless specified conditions are
   48         satisfied; requiring certain contracts, subcontracts,
   49         and purchase orders to require compliance with the
   50         prohibition; requiring the department to cease
   51         acceptance of substances from a borrow pit under
   52         certain conditions; authorizing the department to
   53         resume acceptance of such substances under certain
   54         conditions; amending s. 337.14, F.S.; requiring
   55         contractors wishing to bid on certain contracts to
   56         first be certified by the department as qualified;
   57         revising requirements for applying for and issuing a
   58         certificate of qualification; providing construction
   59         with respect to submission and approval of an
   60         application for such certificate; exempting airports
   61         from certain restrictions regarding entities
   62         performing engineering and inspection services;
   63         amending s. 337.185, F.S.; revising and providing
   64         definitions; revising requirements for arbitration of
   65         certain contracts by the State Arbitration Board;
   66         revising requirements regarding arbitration requests,
   67         hearings, procedures, and awards; revising membership
   68         and meeting requirements; revising compensation of
   69         board members; amending s. 338.166, F.S.; requiring
   70         that specified toll revenue be used to support certain
   71         public transportation projects; amending s. 339.175,
   72         F.S.; deleting a provision prohibiting certain
   73         metropolitan planning organizations from assessing any
   74         fees for municipalities, counties, or other
   75         governmental entities that are members of the
   76         organization; renaming the Tampa Bay Area Regional
   77         Transit Authority Metropolitan Planning Organization
   78         Chairs Coordinating Committee as the Chairs
   79         Coordinating Committee; deleting a requirement that
   80         the Tampa Bay Area Regional Transit Authority provide
   81         the committee with administrative support and
   82         direction; amending s. 343.92, F.S.; providing that a
   83         mayor’s designated alternate may be a member of the
   84         governing board of the authority; requiring that the
   85         alternate be an elected member of the city council of
   86         the mayor’s municipality and be approved by the
   87         municipality’s city council; requiring a mayor’s
   88         designated alternate to attend meetings under certain
   89         circumstances, in which case the alternate has full
   90         voting rights; providing that a simple majority of
   91         board members constitutes a quorum and that a simple
   92         majority of those members present is necessary for any
   93         action to be taken; deleting obsolete language;
   94         amending s. 343.922, F.S.; revising a provision
   95         requiring the authority to present the regional
   96         transit development plan and updates to specified
   97         entities; deleting a provision requiring that the
   98         authority coordinate plans and projects with the
   99         TBARTA Metropolitan Planning Organization Chairs
  100         Coordinating Committee and participate in the regional
  101         M.P.O. planning process to ensure regional
  102         comprehension of the authority’s mission, goals, and
  103         objectives; deleting a provision requiring that the
  104         authority provide administrative support and direction
  105         to the TBARTA Metropolitan Planning Organization
  106         Chairs Coordinating Committee; repealing part III of
  107         ch. 343, F.S., relating to the creation and operation
  108         of the Northwest Florida Transportation Corridor
  109         Authority; amending s. 348.754, F.S.; prohibiting the
  110         Central Florida Expressway Authority from constructing
  111         any extensions, additions, or improvements to the
  112         Central Florida Expressway System in Lake County
  113         without prior consultation with, rather than consent
  114         of, the Secretary of Transportation; amending s.
  115         349.04, F.S.; revising a limitation on the terms of
  116         leases that the Jacksonville Transportation Authority
  117         may enter into and make; amending s. 378.403, F.S.;
  118         defining the term “borrow pit”; amending s. 378.801,
  119         F.S.; prohibiting operation of a borrow pit at a new
  120         location without notifying the Secretary of
  121         Environmental Protection of the intent to extract;
  122         conforming provisions to changes made by the act;
  123         amending s. 378.802, F.S.; revising application of
  124         provisions to exclude existing locations; amending s.
  125         479.07, F.S.; requiring the department to create and
  126         implement a publicly accessible electronic database
  127         for sign permit information; specifying requirements
  128         for the database; prohibiting the department from
  129         furnishing permanent metal permit tags or replacement
  130         tags and from enforcing specified provisions once the
  131         department creates and implements the database;
  132         specifying that permittees are not required to return
  133         permit tags to the department once the department
  134         creates and implements the database; dissolving the
  135         Northwest Florida Transportation Corridor Authority
  136         and requiring the authority to discharge its
  137         liabilities, settle and close its activities and
  138         affairs, and provide for the distribution of the
  139         authority’s assets; providing an effective date.
  141  Be It Enacted by the Legislature of the State of Florida:
  143         Section 1. Section 177.107, Florida Statutes, is created to
  144  read:
  145         177.107 Closing and abandonment of roads; optional
  146  conveyance to a community development district; traffic control
  147  jurisdiction.—
  148         (1) The governing body of a municipality or county may
  149  abandon the roads and rights-of-way dedicated in a recorded
  150  residential subdivision plat and simultaneously convey the
  151  municipality’s or county’s interest in such roads, rights-of
  152  way, and appurtenant drainage facilities to a community
  153  development district established under chapter 190 in which the
  154  subdivision is located, if all of the following conditions are
  155  met:
  156         (a) The community development district has requested the
  157  abandonment and conveyance by written resolution for the purpose
  158  of converting the subdivision to a gated neighborhood with
  159  monitored public access.
  160         (b) The community development district has received
  161  approval for the conveyance by a vote of two-thirds of the
  162  landowners who are subject to the non-ad valorem assessments of
  163  the community development district and who are present by person
  164  or proxy at a properly noticed landowners meeting.
  165         (c)The community development district has executed an
  166  interlocal agreement with the municipality or county, as
  167  applicable, requiring the community development district to do
  168  all of the following:
  169         1. Maintain the roads and any associated drainage, street
  170  lighting, or sidewalks identified in the interlocal agreement to
  171  municipal or county standards, as applicable.
  172         2. Every 5 years, conduct a reserve study of the roads and
  173  any associated drainage, street lighting, or sidewalks
  174  identified in the interlocal agreement.
  175         3. Levy annual special assessments in amounts sufficient to
  176  maintain the roads and any drainage, street lighting, or
  177  sidewalks identified in the interlocal agreement to municipal or
  178  county standards, as applicable.
  179         4. Annually fund the amounts set forth in the reserve
  180  study.
  181         (2) The community development district shall install,
  182  operate, maintain, repair, and replace all signs, signals,
  183  markings, striping, guardrails, and other traffic control
  184  devices necessary or useful for the roads unless an agreement
  185  has been entered into between the municipality or county and the
  186  community development district, as authorized under s.
  187  316.006(2)(b) and (3)(b), respectively, expressly providing that
  188  the municipality or county has traffic control jurisdiction.
  189         (3) Upon abandonment of the roads and rights-of-way and the
  190  conveyance thereof to the community development district, the
  191  community development district shall have all the rights, title,
  192  and interest in the roads and rights-of-way, including all
  193  appurtenant drainage facilities, as were previously vested in
  194  the municipality or county. Thereafter, the community
  195  development district shall hold the roads and rights-of-way in
  196  trust for the benefit of the public and owners of the property
  197  in the subdivision and shall operate, maintain, repair, and from
  198  time to time replace and reconstruct the roads and any
  199  associated street lighting, sidewalks, or drainage facilities
  200  identified in the interlocal agreement as necessary to ensure
  201  their use and enjoyment by the public and property owners,
  202  tenants, and residents of the subdivision and their guests and
  203  invitees.
  204         (4) The provisions of this section are supplemental and
  205  additional to the powers of municipalities and counties.
  206         Section 2. Section 287.05705, Florida Statutes, is created
  207  to read:
  208         287.05705Procurements of road, bridge, and other specified
  209  public construction services.—
  210         (1)With respect to competitive solicitations for the
  211  procurement of contractual services that are limited to the
  212  classes of work for which the Department of Transportation
  213  issues certificates of qualification pursuant to s. 337.14, and
  214  which services do not involve the construction, remodeling,
  215  repair, or improvement of any building, a governmental entity
  216  procuring such services may not prohibit a response from a
  217  vendor possessing a valid certificate of qualification under s.
  218  337.14 or license under chapter 489 corresponding to the
  219  contractual services being procured.
  220         (2)This section applies to all competitive solicitations
  221  issued by a governmental entity on or after October 1, 2021.
  222         Section 3. Subsections (5) and (7) of section 316.2397,
  223  Florida Statutes, are amended to read:
  224         316.2397 Certain lights prohibited; exceptions.—
  225         (5) Road maintenance and construction equipment and
  226  vehicles may display flashing white lights or flashing white
  227  strobe lights when in operation and where a hazard exists.
  228  Construction equipment in a work zone on roadways with a posted
  229  speed limit of 55 miles per hour or higher may show or display a
  230  combination of flashing green, amber, and red lights in
  231  conjunction with periods when workers are present. Additionally,
  232  school buses and vehicles that are used to transport farm
  233  workers may display flashing white strobe lights.
  234         (7) Flashing lights are prohibited on vehicles except:
  235         (a) As a means of indicating a right or left turn, to
  236  change lanes, or to indicate that the vehicle is lawfully
  237  stopped or disabled upon the highway;
  238         (b) When a motorist intermittently flashes his or her
  239  vehicle’s headlamps at an oncoming vehicle notwithstanding the
  240  motorist’s intent for doing so;
  241         (c)During periods of extremely low visibility on roadways
  242  with a posted speed limit of 55 miles per hour or higher; and
  243         (d)(c) For the lamps authorized under subsections (1), (2),
  244  (3), (4), and (9), s. 316.2065, or s. 316.235(6) which may
  245  flash.
  246         Section 4. Subsection (23) is added to section 318.18,
  247  Florida Statutes, to read:
  248         318.18 Amount of penalties.—The penalties required for a
  249  noncriminal disposition pursuant to s. 318.14 or a criminal
  250  offense listed in s. 318.17 are as follows:
  251         (23) In addition to any penalties imposed, a fine of $200
  252  for a first offense and a fine of $500 for a second or
  253  subsequent offense for a violation of s. 316.293(5).
  254         Section 5. Paragraph (b) of subsection (3) of section
  255  319.30, Florida Statutes, is amended to read:
  256         319.30 Definitions; dismantling, destruction, change of
  257  identity of motor vehicle or mobile home; salvage.—
  258         (3)
  259         (b) The owner, including persons who are self-insured, of a
  260  motor vehicle or mobile home that is considered to be salvage
  261  shall, within 72 hours after the motor vehicle or mobile home
  262  becomes salvage, forward the title to the motor vehicle or
  263  mobile home to the department for processing. However, an
  264  insurance company that pays money as compensation for the total
  265  loss of a motor vehicle or mobile home shall obtain the
  266  certificate of title for the motor vehicle or mobile home, make
  267  the required notification to the National Motor Vehicle Title
  268  Information System, and, within 72 hours after receiving such
  269  certificate of title, forward such title by the United States
  270  Postal Service, by another commercial delivery service, or by
  271  electronic means, when such means are made available by the
  272  department, to the department for processing. The owner or
  273  insurance company, as applicable, may not dispose of a vehicle
  274  or mobile home that is a total loss before it obtains a salvage
  275  certificate of title or certificate of destruction from the
  276  department. Effective January 1, 2020:
  277         1. Thirty days after payment of a claim for compensation
  278  pursuant to this paragraph, the insurance company may receive a
  279  salvage certificate of title or certificate of destruction from
  280  the department if the insurance company is unable to obtain a
  281  properly assigned certificate of title from the owner or
  282  lienholder of the motor vehicle or mobile home, if the motor
  283  vehicle or mobile home does not carry an electronic lien on the
  284  title and the insurance company:
  285         a. Has obtained the release of all liens on the motor
  286  vehicle or mobile home;
  287         b. Has attested on a form provided by the department that
  288  provided proof of payment of the total loss claim has been
  289  distributed; and
  290         c. Has attested on a form provided by the department and
  291  provided an affidavit on letterhead signed by the insurance
  292  company or its authorized agent stating the attempts that have
  293  been made to obtain the title from the owner or lienholder and
  294  further stating that all attempts are to no avail. The form
  295  affidavit must include a request that the salvage certificate of
  296  title or certificate of destruction be issued in the insurance
  297  company’s name due to payment of a total loss claim to the owner
  298  or lienholder. The attempts to contact the owner may be by
  299  written request delivered in person or by first-class mail with
  300  a certificate of mailing to the owner’s or lienholder’s last
  301  known address.
  302         2. If the owner or lienholder is notified of the request
  303  for title in person, the insurance company must provide an
  304  affidavit attesting to the in-person request for a certificate
  305  of title.
  306         3. The request to the owner or lienholder for the
  307  certificate of title must include a complete description of the
  308  motor vehicle or mobile home and the statement that a total loss
  309  claim has been paid on the motor vehicle or mobile home.
  310         Section 6. Paragraph (b) of subsection (1) of section
  311  320.06, Florida Statutes, as amended by section 1 of chapter
  312  2020-181, Laws of Florida, is amended to read:
  313         320.06 Registration certificates, license plates, and
  314  validation stickers generally.—
  315         (1)
  316         (b)1. Registration license plates bearing a graphic symbol
  317  and the alphanumeric system of identification shall be issued
  318  for a 10-year period. At the end of the 10-year period, upon
  319  renewal, the plate shall be replaced. The department shall
  320  extend the scheduled license plate replacement date from a 6
  321  year period to a 10-year period. The fee for such replacement is
  322  $28, $2.80 of which shall be paid each year before the plate is
  323  replaced, to be credited toward the next $28 replacement fee.
  324  The fees shall be deposited into the Highway Safety Operating
  325  Trust Fund. A credit or refund may not be given for any prior
  326  years’ payments of the prorated replacement fee if the plate is
  327  replaced or surrendered before the end of the 10-year period,
  328  except that a credit may be given if a registrant is required by
  329  the department to replace a license plate under s.
  330  320.08056(8)(a). With each license plate, a validation sticker
  331  shall be issued showing the owner’s birth month, license plate
  332  number, and the year of expiration or the appropriate renewal
  333  period if the owner is not a natural person. The validation
  334  sticker shall be placed on the upper right corner of the license
  335  plate. The license plate and validation sticker shall be issued
  336  based on the applicant’s appropriate renewal period. The
  337  registration period is 12 months, the extended registration
  338  period is 24 months, and all expirations occur based on the
  339  applicant’s appropriate registration period. Rental vehicles
  340  taxed pursuant to s. 320.08(6)(a) may elect a permanent
  341  registration period, provided payment of the appropriate license
  342  taxes and fees occurs annually. A vehicle that has an
  343  apportioned registration shall be issued an annual license plate
  344  and a cab card that denote the declared gross vehicle weight for
  345  each apportioned jurisdiction in which the vehicle is authorized
  346  to operate.
  347         2. In order to retain the efficient administration of the
  348  taxes and fees imposed by this chapter, the 80-cent fee increase
  349  in the replacement fee imposed by chapter 2009-71, Laws of
  350  Florida, is negated as provided in s. 320.0804.
  351         Section 7. Subsection (3) and paragraph (a) of subsection
  352  (10) of section 320.27, Florida Statutes, are amended to read:
  353         320.27 Motor vehicle dealers.—
  354         (3) APPLICATION AND FEE.—The application for the license
  355  shall be in such form as may be prescribed by the department and
  356  shall be subject to such rules with respect thereto as may be so
  357  prescribed by it. Such application shall be verified by oath or
  358  affirmation and shall contain a full statement of the name and
  359  birth date of the person or persons applying therefor; the name
  360  of the firm or copartnership, with the names and places of
  361  residence of all members thereof, if such applicant is a firm or
  362  copartnership; the names and places of residence of the
  363  principal officers, if the applicant is a body corporate or
  364  other artificial body; the name of the state under whose laws
  365  the corporation is organized; the present and former place or
  366  places of residence of the applicant; and prior business in
  367  which the applicant has been engaged and the location thereof.
  368  Such application shall describe the exact location of the place
  369  of business and shall state whether the place of business is
  370  owned by the applicant and when acquired, or, if leased, a true
  371  copy of the lease shall be attached to the application. The
  372  applicant shall certify that the location provides an adequately
  373  equipped office and is not a residence; that the location
  374  affords sufficient unoccupied space upon and within which
  375  adequately to store all motor vehicles offered and displayed for
  376  sale; and that the location is a suitable place where the
  377  applicant can in good faith carry on such business and keep and
  378  maintain books, records, and files necessary to conduct such
  379  business, which shall be available at all reasonable hours to
  380  inspection by the department or any of its inspectors or other
  381  employees. The applicant shall certify that the business of a
  382  motor vehicle dealer is the principal business which shall be
  383  conducted at that location. The application shall contain a
  384  statement that the applicant is either franchised by a
  385  manufacturer of motor vehicles, in which case the name of each
  386  motor vehicle that the applicant is franchised to sell shall be
  387  included, or an independent (nonfranchised) motor vehicle
  388  dealer. The application shall contain other relevant information
  389  as may be required by the department, including evidence that
  390  the applicant is insured under a garage liability insurance
  391  policy or a general liability insurance policy coupled with a
  392  business automobile policy, which shall include, at a minimum,
  393  $25,000 combined single-limit liability coverage including
  394  bodily injury and property damage protection and $10,000
  395  personal injury protection. However, a salvage motor vehicle
  396  dealer as defined in subparagraph (1)(c)5. is exempt from the
  397  requirements for garage liability insurance and personal injury
  398  protection insurance on those vehicles that cannot be legally
  399  operated on roads, highways, or streets in this state. Franchise
  400  dealers must submit a garage liability insurance policy, and all
  401  other dealers must submit a garage liability insurance policy or
  402  a general liability insurance policy coupled with a business
  403  automobile policy. Such policy shall be for the license period,
  404  and evidence of a new or continued policy shall be delivered to
  405  the department at the beginning of each license period. A
  406  licensee shall deliver to the department, in the manner
  407  prescribed by the department, within 10 calendar days after any
  408  renewal or continuation of or change in such policy or within 10
  409  calendar days after any issuance of a new policy, a copy of the
  410  renewed, continued, changed, or new policy. Upon making initial
  411  application, the applicant shall pay to the department a fee of
  412  $300 in addition to any other fees required by law. Applicants
  413  may choose to extend the licensure period for 1 additional year
  414  for a total of 2 years. An initial applicant shall pay to the
  415  department a fee of $300 for the first year and $75 for the
  416  second year, in addition to any other fees required by law. An
  417  applicant for renewal shall pay to the department $75 for a 1
  418  year renewal or $150 for a 2-year renewal, in addition to any
  419  other fees required by law. Upon making an application for a
  420  change of location, the person shall pay a fee of $50 in
  421  addition to any other fees now required by law. The department
  422  shall, in the case of every application for initial licensure,
  423  verify whether certain facts set forth in the application are
  424  true. Each applicant, general partner in the case of a
  425  partnership, or corporate officer and director in the case of a
  426  corporate applicant, must file a set of fingerprints with the
  427  department for the purpose of determining any prior criminal
  428  record or any outstanding warrants. The department shall submit
  429  the fingerprints to the Department of Law Enforcement for state
  430  processing and forwarding to the Federal Bureau of Investigation
  431  for federal processing. The actual cost of state and federal
  432  processing shall be borne by the applicant and is in addition to
  433  the fee for licensure. The department may issue a license to an
  434  applicant pending the results of the fingerprint investigation,
  435  which license is fully revocable if the department subsequently
  436  determines that any facts set forth in the application are not
  437  true or correctly represented.
  439         (a) Annually, before any license shall be issued to a motor
  440  vehicle dealer, the applicant-dealer of new or used motor
  441  vehicles shall deliver to the department a good and sufficient
  442  surety bond or irrevocable letter of credit, executed by the
  443  applicant-dealer as principal, in the sum of $25,000. A licensee
  444  shall deliver to the department, in the manner prescribed by the
  445  department, within 10 calendar days after any renewal or
  446  continuation of or change in such surety bond or irrevocable
  447  letter of credit or within 10 calendar days after any issuance
  448  of a new surety bond or irrevocable letter of credit, a copy of
  449  such renewed, continued, changed, or new surety bond or
  450  irrevocable letter of credit.
  451         Section 8. Section 337.025, Florida Statutes, is amended to
  452  read:
  453         337.025 Innovative transportation projects; department to
  454  establish program.—
  455         (1) The department may establish a program for
  456  transportation projects demonstrating innovative techniques of
  457  highway and bridge design, construction, maintenance, and
  458  finance which have the intended effect of measuring resiliency
  459  and structural integrity and controlling time and cost increases
  460  on construction projects. Such techniques may include, but are
  461  not limited to, state-of-the-art technology for pavement,
  462  safety, and other aspects of highway and bridge design,
  463  construction, and maintenance; innovative bidding and financing
  464  techniques; accelerated construction procedures; and those
  465  techniques that have the potential to reduce project life cycle
  466  costs. To the maximum extent practical, the department must use
  467  the existing process to award and administer construction and
  468  maintenance contracts. When specific innovative techniques are
  469  to be used, the department is not required to adhere to those
  470  provisions of law that would prevent, preclude, or in any way
  471  prohibit the department from using the innovative technique.
  472  However, before using an innovative technique that is
  473  inconsistent with another provision of law, the department must
  474  document in writing the need for the exception and identify what
  475  benefits the traveling public and the affected community are
  476  anticipated to receive. The department may enter into no more
  477  than $120 million in contracts awarded annually for the purposes
  478  authorized by this section.
  479         (2) The annual cap on contracts provided in subsection (1)
  480  does shall not apply to:
  481         (a) Turnpike enterprise projects, and turnpike enterprise
  482  projects shall not be counted toward the department’s annual
  483  cap.
  484         (b) Low-bid design-build milling and resurfacing contracts
  485  Transportation projects funded by the American Recovery and
  486  Reinvestment Act of 2009.
  487         Section 9. Section 337.0262, Florida Statutes, is created
  488  to read:
  489         337.0262Purchase and use of clay, peat, gravel, sand, or
  490  any other solid substance extracted from borrow pits.—
  491         (1)The department, and any contractor or subcontractor of
  492  the department, may not purchase or use any clay, peat, gravel,
  493  sand, or other solid substance extracted from a borrow pit as
  494  defined in s. 378.403 unless:
  495         (a)Certification is provided to the department,
  496  contractor, or subcontractor by the operator of the borrow pit
  497  that it is in compliance with the notice requirements and
  498  substantive requirements of s. 378.801; and
  499         (b)The operator of the borrow pit is in compliance with
  500  the performance standards in s. 378.803, including, but not
  501  limited to, providing proof of currently valid permits required
  502  by the Department of Environmental Protection and the
  503  appropriate water management district.
  504         (2)All contracts and purchase orders executed by the
  505  department, and all subcontracts and purchase orders executed by
  506  contractors or subcontractors after July 1, 2021, must include
  507  specific requirements for compliance with this section.
  508         (3)In the event that the department determines that
  509  substances are being obtained and used from a borrow pit that is
  510  not in compliance with this section, the department must cease
  511  to accept any substances from that borrow pit within 48 hours
  512  after such determination. The department may resume acceptance
  513  of substances from the borrow pit once the borrow pit is in
  514  compliance with this section.
  515         Section 10. Subsections (1), (4), and (7) of section
  516  337.14, Florida Statutes, are amended to read:
  517         337.14 Application for qualification; certificate of
  518  qualification; restrictions; request for hearing.—
  519         (1) Any contractor desiring to bid for the performance of
  520  any construction contract in excess of $250,000 which the
  521  department proposes to let must first be certified by the
  522  department as qualified pursuant to this section and rules of
  523  the department. The rules of the department must address the
  524  qualification of contractors to bid on construction contracts in
  525  excess of $250,000 and must include requirements with respect to
  526  the equipment, past record, experience, financial resources, and
  527  organizational personnel of the applying contractor which are
  528  necessary to perform the specific class of work for which the
  529  contractor seeks certification. Any contractor who desires to
  530  bid on contracts in excess of $50 million and who is not
  531  qualified and in good standing with the department as of January
  532  1, 2019, must first be certified by the department as qualified
  533  and desires to bid on contracts in excess of $50 million must
  534  have satisfactorily completed two projects, each in excess of
  535  $15 million, for the department or for any other state
  536  department of transportation. The department may limit the
  537  dollar amount of any contract upon which a contractor is
  538  qualified to bid or the aggregate total dollar volume of
  539  contracts such contractor is allowed to have under contract at
  540  any one time. Each applying contractor seeking qualification to
  541  bid on construction contracts in excess of $250,000 shall
  542  furnish the department a statement under oath, on such forms as
  543  the department may prescribe, setting forth detailed information
  544  as required on the application. Each application for
  545  certification must be accompanied by audited, certified
  546  financial statements prepared in accordance with generally
  547  accepted accounting principles and auditing standards by a
  548  certified public accountant licensed in this state or another
  549  state. The audited, certified financial statements must be for
  550  the applying contractor and must have been prepared the latest
  551  annual financial statement of the applying contractor completed
  552  within the immediately preceding last 12 months. The department
  553  may not consider any financial information of the parent entity
  554  of the applying contractor, if any. The department may not
  555  certify as qualified any applying contractor who fails to submit
  556  the audited, certified financial statements required by this
  557  subsection. If the application or the annual financial statement
  558  shows the financial condition of the applying contractor more
  559  than 4 months before prior to the date on which the application
  560  is received by the department, the applicant must also submit an
  561  interim audited, certified financial statements prepared in
  562  accordance with generally accepted accounting principles and
  563  auditing standards by a certified public accountant licensed in
  564  this state or another state statement and an updated application
  565  must be submitted. The interim financial statements statement
  566  must cover the period from the end date of the annual statement
  567  and must show the financial condition of the applying contractor
  568  no more than 4 months before prior to the date that the interim
  569  financial statements are statement is received by the
  570  department. However, upon the request of the applying
  571  contractor, an application and accompanying annual or interim
  572  financial statement received by the department within 15 days
  573  after either 4-month period under this subsection shall be
  574  considered timely. Each required annual or interim financial
  575  statement must be audited and accompanied by the opinion of a
  576  certified public accountant. An applying contractor desiring to
  577  bid exclusively for the performance of construction contracts
  578  with proposed budget estimates of less than $1 million may
  579  submit reviewed annual or reviewed interim financial statements
  580  prepared by a certified public accountant. The information
  581  required by this subsection is confidential and exempt from s.
  582  119.07(1). The department shall act upon the application for
  583  qualification within 30 days after the department determines
  584  that the application is complete. The department may waive the
  585  requirements of this subsection for projects having a contract
  586  price of $500,000 or less if the department determines that the
  587  project is of a noncritical nature and the waiver will not
  588  endanger public health, safety, or property.
  589         (4) If the applicant is found to possess the prescribed
  590  qualifications, the department shall issue to him or her a
  591  certificate of qualification that, unless thereafter revoked by
  592  the department for good cause, will be valid for a period of 18
  593  months after the date of the applicant’s financial statement or
  594  such shorter period as the department prescribes. Submission of
  595  an application and subsequent approval do shall not affect
  596  expiration of the certificate of qualification, the ability
  597  factor of the applicant, or the maximum capacity rating of the
  598  applicant. If the department finds that an application is
  599  incomplete or contains inadequate information or information
  600  that cannot be verified, the department may request in writing
  601  that the applicant provide the necessary information to complete
  602  the application or provide the source from which any information
  603  in the application may be verified. If the applicant fails to
  604  comply with the initial written request within a reasonable
  605  period of time as specified therein, the department shall
  606  request the information a second time. If the applicant fails to
  607  comply with the second request within a reasonable period of
  608  time as specified therein, the application shall be denied.
  609         (7) A “contractor” as defined in s. 337.165(1)(d) or his or
  610  her “affiliate” as defined in s. 337.165(1)(a) qualified with
  611  the department under this section may not also qualify under s.
  612  287.055 or s. 337.105 to provide testing services, construction,
  613  engineering, and inspection services to the department. This
  614  limitation does not apply to any design-build prequalification
  615  under s. 337.11(7) and does not apply when the department
  616  otherwise determines by written order entered at least 30 days
  617  before advertisement that the limitation is not in the best
  618  interests of the public with respect to a particular contract
  619  for testing services, construction, engineering, and inspection
  620  services. This subsection does not authorize a contractor to
  621  provide testing services, or provide construction, engineering,
  622  and inspection services, to the department in connection with a
  623  construction contract under which the contractor is performing
  624  any work. Notwithstanding any other provision of law to the
  625  contrary, for a project that is wholly or partially funded by
  626  the department and administered by a local governmental entity,
  627  except for a seaport listed in s. 311.09 or an airport as
  628  defined in s. 332.004, the entity performing design and
  629  construction engineering and inspection services may not be the
  630  same entity.
  631         Section 11. Section 337.185, Florida Statutes, is amended
  632  to read:
  633         (Substantial rewording of section. See
  634         s. 337.185, F.S., for present text.)
  635         337.185State Arbitration Board.—
  636         (1)To facilitate the prompt resolution of claims arising
  637  out of or in connection with a construction or maintenance
  638  contract with the department, the Legislature establishes the
  639  State Arbitration Board, referred to in this section as the
  640  “board.”
  641         (2)As used in this section, the term:
  642         (a)“Claim” means the aggregate of all outstanding written
  643  requests for additional monetary compensation, time, or other
  644  adjustments to the contract, the entitlement or impact of which
  645  is disputed by the department and could not be resolved by
  646  negotiation between the department and the contractor.
  647         (b)“Contractor” means a person or firm having a contract
  648  for rendering services to the department relating to the
  649  construction or maintenance of a transportation facility.
  650         (c)“Final acceptance” means that the contractor has
  651  completely performed the work provided for under the contract,
  652  the department or its agent has determined that the contractor
  653  has satisfactorily completed the work provided for under the
  654  contract, and the department or its agent has submitted written
  655  notice of final acceptance to the contractor.
  656         (3)Every claim in an amount of up to $250,000 per contract
  657  that could not be resolved by negotiation between the department
  658  and the contractor must be arbitrated by the board. An award
  659  issued by the board pursuant to this section is final and
  660  enforceable by a court of law.
  661         (4)The contractor may submit a claim greater than $250,000
  662  up to $1 million per contract or, upon agreement of the parties,
  663  up to $2 million per contract to be arbitrated by the board. An
  664  award issued by the board pursuant to this subsection is final
  665  if a request for a trial de novo is not filed within the time
  666  provided by Rule 1.830, Florida Rules of Civil Procedure. At the
  667  trial de novo, the court may not admit evidence that there has
  668  been an arbitration proceeding, the nature or amount of the
  669  award, or any other matter concerning the conduct of the
  670  arbitration proceeding, except that testimony given at an
  671  arbitration hearing may be used for any purpose otherwise
  672  permitted by the Florida Evidence Code. If a request for trial
  673  de novo is not filed within the time provided, the award issued
  674  by the board is final and enforceable by a court of law.
  675         (5)An arbitration request may not be made to the board
  676  before final acceptance but must be made to the board within 820
  677  days after final acceptance.
  678         (6)The board shall schedule a hearing within 45 days after
  679  an arbitration request and, if possible, shall conduct the
  680  hearing within 90 days after the request. The board may
  681  administer oaths and conduct the proceedings as provided by the
  682  rules of the court. The hearing shall be conducted informally.
  683  Presentation of testimony and evidence shall be kept to a
  684  minimum, and matters shall be presented to the arbitrators
  685  primarily through the statements and arguments of counsel. The
  686  board shall address the scope of discovery, presentation of
  687  testimony, and evidence at a preliminary hearing by considering
  688  the size, subject matter, and complexity of the dispute. Any
  689  party to the arbitration may petition the board, for good cause
  690  shown, to issue subpoenas for the attendance of witnesses and
  691  the production of books, records, documents, and other evidence
  692  at the arbitration and may petition the board for orders
  693  compelling such attendance and production at the arbitration.
  694  Subpoenas shall be served and are enforceable in the manner
  695  provided by law.
  696         (7)The board must issue an award within 45 days after the
  697  conclusion of the arbitration hearing. If all three members of
  698  the board do not agree, the award agreed to by the majority
  699  shall constitute the award of the board.
  700         (8)The board shall be composed of three members. The first
  701  member shall be appointed by the Secretary of Transportation,
  702  and the second member shall be elected by those construction or
  703  maintenance companies that are under contract with the
  704  department. The third member shall be chosen by agreement of the
  705  first and second members. If the first or second member has a
  706  conflict of interest regarding affiliation with one of the
  707  parties to an arbitration hearing, the appointing entity shall
  708  appoint an alternate member for that hearing. If the third
  709  member has such a conflict of interest, the first and second
  710  members shall select an alternate member. Each member shall
  711  serve a 4-year term. The board shall elect a chair for each
  712  term, who shall be the administrator of the board and custodian
  713  of its records.
  714         (9)The presence of all board members is required to
  715  conduct a meeting in person or via videoconferencing.
  716         (10)The members of the board shall receive compensation
  717  for the performance of their duties from deposits made by the
  718  parties based on an estimate of compensation by the board,
  719  except that an employee of the department may not receive
  720  compensation from the board. All deposits will be held in escrow
  721  by the chair in advance of the hearing. Each member eligible for
  722  compensation shall be compensated at $200 per hour, up to a
  723  maximum of $1,500 per day. A member shall be reimbursed for the
  724  actual cost of his or her travel expenses. The board may
  725  allocate funds annually for clerical and other administrative
  726  services.
  727         (11)To cover the cost of administration and initial
  728  compensation of the board, the party requesting arbitration
  729  shall pay a filing fee to the board, according to a schedule
  730  established by the board, of:
  731         (a)Up to $500 for a claim that is $25,000 or less.
  732         (b)Up to $1,000 for a claim that is more than $25,000 but
  733  is $50,000 or less.
  734         (c)Up to $1,500 for a claim that is more than $50,000 but
  735  is $100,000 or less.
  736         (d)Up to $2,000 for a claim that is more than $100,000 but
  737  is $200,000 or less.
  738         (e)Up to $3,000 for a claim that is more than $200,000 but
  739  is $300,000 or less.
  740         (f)Up to $4,000 for a claim that is more than $300,000 but
  741  is $400,000 or less.
  742         (g)Up to $5,000 for a claim that is more than $400,000.
  744  The board may apportion the filing fees and the cost of
  745  recording and preparing a transcript of the hearing among the
  746  parties in its award.
  747         Section 12. Subsection (3) of section 338.166, Florida
  748  Statutes, is amended to read:
  749         338.166 High-occupancy toll lanes or express lanes.—
  750         (3) Any remaining toll revenue from the high-occupancy toll
  751  lanes or express lanes shall be used by the department for the
  752  construction, maintenance, or improvement of any road or to
  753  support public transportation projects that benefit the
  754  operation of high-occupancy toll lanes or express lanes on the
  755  State Highway System within the county or counties in which the
  756  toll revenues were collected or to support express bus service
  757  on the facility where the toll revenues were collected.
  758         Section 13. Paragraphs (f) and (i) of subsection (6) of
  759  section 339.175, Florida Statutes, are amended to read:
  760         339.175 Metropolitan planning organization.—
  761         (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
  762  privileges, and authority of an M.P.O. are those specified in
  763  this section or incorporated in an interlocal agreement
  764  authorized under s. 163.01. Each M.P.O. shall perform all acts
  765  required by federal or state laws or rules, now and subsequently
  766  applicable, which are necessary to qualify for federal aid. It
  767  is the intent of this section that each M.P.O. shall be involved
  768  in the planning and programming of transportation facilities,
  769  including, but not limited to, airports, intercity and high
  770  speed rail lines, seaports, and intermodal facilities, to the
  771  extent permitted by state or federal law.
  772         (f)1. The department shall allocate to each M.P.O., for the
  773  purpose of accomplishing its transportation planning and
  774  programming duties, an appropriate amount of federal
  775  transportation planning funds.
  776         2. In a county as defined in s. 125.011(1), the M.P.O. may
  777  not assess any fees for municipalities, counties, or other
  778  governmental entities that are members of the M.P.O.
  779         (i) There is created the Tampa Bay Area Regional Transit
  780  Authority Metropolitan Planning Organization Chairs Coordinating
  781  Committee is created within the Tampa Bay Area Regional Transit
  782  Authority, composed of the M.P.O.’s serving Citrus, Hernando,
  783  Hillsborough, Manatee, Pasco, Pinellas, Polk, and Sarasota
  784  Counties. The authority shall provide administrative support and
  785  direction to the committee. The committee must, at a minimum:
  786         1. Coordinate transportation projects deemed to be
  787  regionally significant by the committee.
  788         2. Review the impact of regionally significant land use
  789  decisions on the region.
  790         3. Review all proposed regionally significant
  791  transportation projects in the respective transportation
  792  improvement programs which affect more than one of the M.P.O.’s
  793  represented on the committee.
  794         4. Institute a conflict resolution process to address any
  795  conflict that may arise in the planning and programming of such
  796  regionally significant projects.
  797         Section 14. Paragraph (b) of subsection (2) and subsections
  798  (8) and (9) of section 343.92, Florida Statutes, are amended to
  799  read:
  800         343.92 Tampa Bay Area Regional Transit Authority.—
  801         (2) The governing board of the authority shall consist of
  802  13 voting members appointed no later than 45 days after the
  803  creation of the authority.
  804         (b) The 13 voting members of the board shall be as follows:
  805         1. The county commissions of Hernando, Hillsborough,
  806  Manatee, Pasco, and Pinellas Counties shall each appoint one
  807  county commissioner to the board. Members appointed under this
  808  subparagraph shall serve 2-year terms with not more than three
  809  consecutive terms being served by any person. If a member under
  810  this subparagraph leaves elected office, a vacancy exists on the
  811  board to be filled as provided in this subparagraph within 90
  812  days.
  813         2.a. Two members of the board shall be the mayor, or the
  814  mayor’s designated alternate, of the largest municipality within
  815  the service area of each of the following independent transit
  816  agencies or their legislatively created successor agencies:
  817  Pinellas Suncoast Transit Authority and Hillsborough Area
  818  Regional Transit Authority. The largest municipality is that
  819  municipality with the largest population as determined by the
  820  most recent United States Decennial Census.
  821         b. The mayor’s designated alternate must be an elected
  822  member of the municipality’s city council and approved as the
  823  mayor’s designated alternate by the municipality’s city council.
  824  In the event the mayor is unable to attend a meeting, the
  825  mayor’s designated alternate shall attend the meeting on the
  826  mayor’s behalf and has the full right to vote.
  827         3. The following independent transit agencies or their
  828  legislatively created successor agencies shall each appoint from
  829  the membership of their governing bodies one member to the
  830  board: Pinellas Suncoast Transit Authority and Hillsborough Area
  831  Regional Transit Authority. Each member appointed under this
  832  subparagraph shall serve a 2-year term with not more than three
  833  consecutive terms being served by any person. If a member no
  834  longer meets the transit authority’s criteria for appointment, a
  835  vacancy exists on the board, which must be filled as provided in
  836  this subparagraph within 90 days.
  837         4. The Governor shall appoint to the board four members
  838  from the regional business community, each of whom must reside
  839  in one of the counties governed by the authority and may not be
  840  an elected official. Of the members initially appointed under
  841  this subparagraph, one shall serve a 1-year term, two shall
  842  serve 2-year terms, and one shall serve a term as the initial
  843  chair as provided in subsection (5). Thereafter, a member
  844  appointed under this subparagraph shall serve a 2-year term with
  845  not more than three consecutive terms being served by any
  846  person.
  848  Appointments may be staggered to avoid mass turnover at the end
  849  of any 2-year or 4-year period. A vacancy during a term shall be
  850  filled within 90 days in the same manner as the original
  851  appointment for the remainder of the unexpired term.
  852         (8) A simple majority Seven members of the board shall
  853  constitute a quorum, and a simple majority of the voting members
  854  present shall be necessary for any action to be taken by the
  855  board the vote of seven members is necessary for any action to
  856  be taken by the authority. The authority may meet upon the
  857  constitution of a quorum. A vacancy does not impair the right of
  858  a quorum of the board to exercise all rights and the ability to
  859  perform all duties of the authority.
  860         (9) Beginning July 1, 2017, the board must evaluate the
  861  abolishment, continuance, modification, or establishment of the
  862  following committees:
  863         (a) Planning committee.
  864         (b) Policy committee.
  865         (c) Finance committee.
  866         (d) Citizens advisory committee.
  867         (e) Tampa Bay Area Regional Transit Authority Metropolitan
  868  Planning Organization Chairs Coordinating Committee.
  869         (f) Transit management committee.
  870         (g) Technical advisory committee.
  872  The board must submit its recommendations for abolishment,
  873  continuance, modification, or establishment of the committees to
  874  the President of the Senate and the Speaker of the House of
  875  Representatives before the beginning of the 2018 Regular
  876  Session.
  877         Section 15. Paragraphs (e), (f), and (g) of subsection (3)
  878  of section 343.922, Florida Statutes, are amended to read:
  879         343.922 Powers and duties.—
  880         (3)
  881         (e) The authority shall present the original regional
  882  transit development plan and updates to the governing bodies of
  883  the counties within the designated region, to the TBARTA
  884  Metropolitan Planning Organization Chairs Coordinating
  885  Committee, and to the legislative delegation members
  886  representing those counties within 90 days after adoption.
  887         (f) The authority shall coordinate plans and projects with
  888  the TBARTA Metropolitan Planning Organization Chairs
  889  Coordinating Committee, to the extent practicable, and
  890  participate in the regional M.P.O. planning process to ensure
  891  regional comprehension of the authority’s mission, goals, and
  892  objectives.
  893         (g) The authority shall provide administrative support and
  894  direction to the TBARTA Metropolitan Planning Organization
  895  Chairs Coordinating Committee as provided in s. 339.175(6)(i).
  896         Section 16. Part III of chapter 343, Florida Statutes,
  897  consisting of sections 343.80, 343.805, 343.81, 343.82, 343.83,
  898  343.835, 343.836, 343.84, 343.85, 343.87, 343.875, 343.88,
  899  343.881, 343.884, and 343.89, Florida Statutes, is repealed.
  900         Section 17. Paragraph (c) of subsection (1) of section
  901  348.754, Florida Statutes, is amended to read:
  902         348.754 Purposes and powers.—
  903         (1)
  904         (c) Notwithstanding any other provision of this section to
  905  the contrary, to ensure the continued financial feasibility of
  906  the portion of the Wekiva Parkway to be constructed by the
  907  department, the authority may not, without the prior
  908  consultation with consent of the secretary of the department,
  909  construct any extensions, additions, or improvements to the
  910  expressway system in Lake County.
  911         Section 18. Paragraph (d) of subsection (2) of section
  912  349.04, Florida Statutes, is amended to read:
  913         349.04 Purposes and powers.—
  914         (2) The authority is hereby granted, and shall have and may
  915  exercise all powers necessary, appurtenant, convenient, or
  916  incidental to the carrying out of the aforesaid purposes,
  917  including, but without being limited to, the right and power:
  918         (d) To enter into and make leases for terms not exceeding
  919  99 40 years, as either lessee or lessor, in order to carry out
  920  the right to lease as set forth in this chapter.
  921         Section 19. Present subsections (3) through (19) of section
  922  378.403, Florida Statutes, are redesignated as subsections (4)
  923  through (20), respectively, and a new subsection (3) is added to
  924  that section, to read:
  925         378.403 Definitions.—As used in this part, the term:
  926         (3)“Borrow pit” means an area of land upon which
  927  excavation of surface resources has been conducted, is being
  928  conducted, or is planned to be conducted, as the term is
  929  commonly used in the mining trade, and is not considered a mine.
  930  Such resources are limited to soil, organic soil, sand, or clay
  931  that can be removed with construction excavating equipment and
  932  loaded on a haul truck with no additional processing.
  933         Section 20. Section 378.801, Florida Statutes, is amended
  934  to read:
  935         378.801 Other resources; notice of intent to extract mine
  936  required.—
  937         (1) An No operator may not begin the operation of a borrow
  938  pit, or the process of extracting clay, peat, gravel, sand, or
  939  any other solid substance of commercial value found in natural
  940  deposits or in the earth, except fuller’s earth clay, heavy
  941  minerals, limestone, or phosphate, which are regulated elsewhere
  942  in this chapter, at a new location mine without notifying the
  943  secretary of the intention to extract mine.
  944         (2) The operator’s notice of intent to extract mine shall
  945  consist of the operator’s estimated life of the extraction
  946  location mine and the operator’s signed acknowledgment of the
  947  performance standards provided by s. 378.803.
  948         Section 21. Section 378.802, Florida Statutes, is amended
  949  to read:
  950         378.802 Existing extraction locations mines.—After January
  951  1, 1989, all operators of existing locations mines for the
  952  extraction of resources as described in s. 378.801 shall meet
  953  the performance standards provided by s. 378.803 for any new
  954  surface area disturbed at such locations mines.
  955         Section 22. Subsection (5) of section 479.07, Florida
  956  Statutes, is amended to read:
  957         479.07 Sign permits.—
  958         (5)(a) For each permit issued, the department shall furnish
  959  to the applicant a serially numbered permanent metal permit tag.
  960  The permittee is responsible for maintaining a valid permit tag
  961  on each permitted sign facing at all times. The tag shall be
  962  securely attached to the upper 50 percent of the sign structure,
  963  and attached in such a manner as to be plainly visible from the
  964  main-traveled way. The permit tag must be properly and
  965  permanently displayed at the permitted site within 30 days after
  966  the date of permit issuance. If the permittee fails to erect a
  967  completed sign on the permitted site within 270 days after the
  968  date on which the permit was issued, the permit will be void,
  969  and the department may not issue a new permit to that permittee
  970  for the same location for 270 days after the date on which the
  971  permit becomes void.
  972         (b) If a permit tag is lost, stolen, or destroyed, the
  973  permittee to whom the tag was issued must apply to the
  974  department for a replacement tag. The department shall establish
  975  a service fee for replacement tags in an amount that will
  976  recover the actual cost of providing the replacement tag. Upon
  977  receipt of the application accompanied by the service fee, the
  978  department shall issue a replacement permit tag.
  979         (c)1.As soon as practicable, the department shall create
  980  and implement a publicly accessible electronic database to
  981  include all permits issued by the department. At a minimum, the
  982  database must include the name and contact information of the
  983  permit operator, the structure identification number or numbers,
  984  the panel or face identification number or numbers, the latitude
  985  and longitude of the permitted sign, the compass bearing, images
  986  of the permitted sign once constructed, and the most recent date
  987  the department visually inspected the permitted sign.
  988         2.Once the department creates and implements the publicly
  989  accessible electronic database:
  990         a.The department may not furnish permanent metal permit
  991  tags or replacement tags to permittees;
  992         b.The department may not enforce the provisions relating
  993  to permanent metal permit tags or replacement tags specified in
  994  paragraphs (a) and (b); and
  995         c.Permittees are not required to return permit tags to the
  996  department as provided in subsection (8).
  997         Section 23. Notwithstanding any other law, the Northwest
  998  Florida Transportation Corridor Authority is dissolved. The
  999  authority shall discharge or make provision for the authority’s
 1000  debts, obligations, and other liabilities; settle and close the
 1001  authority’s activities and affairs; and provide for distribution
 1002  of the authority’s assets, or the proceeds of such assets, such
 1003  that each local general-purpose government represented on the
 1004  authority’s board receives a distribution generally in
 1005  proportion to each entity’s contribution to the acquisition of
 1006  the assets.
 1007         Section 24. This act shall take effect July 1, 2021.