Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 865, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/R/2R          .           Floor: RC            
             05/05/2017 09:00 PM       .      05/05/2017 08:14 PM       

       Senator Gainer moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) and paragraph (a) of subsection
    6  (4) of section 20.23, Florida Statutes, are amended to read:
    7         20.23 Department of Transportation.—There is created a
    8  Department of Transportation which shall be a decentralized
    9  agency.
   10         (1)(a) The Department of Transportation shall consist of:
   11         1. A central office that establishes policies and
   12  procedures; and
   13         2. Districts that carry out projects as authorized or
   14  required under the policies and procedures implemented by the
   15  central office pursuant to paragraph (3)(a).
   16         (b)(a) The head of the Department of Transportation is the
   17  Secretary of Transportation. The secretary shall be appointed by
   18  the Governor from among three persons nominated by the Florida
   19  Transportation Commission and shall be subject to confirmation
   20  by the Senate. The secretary shall serve at the pleasure of the
   21  Governor.
   22         (c)(b) The secretary shall be a proven, effective
   23  administrator who by a combination of education and experience
   24  shall clearly possess a broad knowledge of the administrative,
   25  financial, and technical aspects of the development, operation,
   26  and regulation of transportation systems and facilities or
   27  comparable systems and facilities.
   28         (d)(c) The secretary shall provide to the Florida
   29  Transportation Commission or its staff, such assistance,
   30  information, and documents as are requested by the commission or
   31  its staff to enable the commission to fulfill its duties and
   32  responsibilities.
   33         (e)(d) The secretary may appoint up to three assistant
   34  secretaries who shall be directly responsible to the secretary
   35  and who shall perform such duties as are assigned by the
   36  secretary. The secretary shall designate to an assistant
   37  secretary the duties related to enhancing economic prosperity,
   38  including, but not limited to, the responsibility of liaison
   39  with the head of economic development in the Executive Office of
   40  the Governor. Such assistant secretary shall be directly
   41  responsible for providing the Executive Office of the Governor
   42  with investment opportunities and transportation projects that
   43  expand the state’s role as a global hub for trade and investment
   44  and enhance the supply chain system in the state to process,
   45  assemble, and ship goods to markets throughout the eastern
   46  United States, Canada, the Caribbean, and Latin America. The
   47  secretary may delegate to any assistant secretary the authority
   48  to act in the absence of the secretary.
   49         (f)1.(e) Any secretary appointed after July 1, 2019 5,
   50  1989, and the assistant secretaries are shall be exempt from the
   51  provisions of part III of chapter 110 and shall receive
   52  compensation commensurate with their qualifications and
   53  competitive with compensation for comparable responsibility in
   54  other public sector organizations and in the private sector.
   55         2. The salaries of the secretary and the assistant
   56  secretaries shall be established by the Florida Transportation
   57  Commission and determined by a market analysis focused on
   58  comparably skilled individuals in other public sector
   59  organizations, including, but not limited to, expressway
   60  authorities, aviation authorities, and port authorities, and on
   61  comparably skilled individuals in the private sector. The market
   62  analysis must serve as a basis for ascertaining compensation
   63  levels required to retain the secretary and assistant
   64  secretaries in their positions within the department and to
   65  attract external talent that can fulfill the department’s
   66  mission and effect change. The salary of the secretary must be
   67  at least $180,000. The salary of an assistant secretary must be
   68  10 percent below that of the secretary who appoints him or her.
   69         (4)(a)1. The operations of the department shall be
   70  organized into seven districts, each headed by a district
   71  secretary, and a turnpike enterprise and a rail enterprise, each
   72  enterprise headed by an executive director. The district
   73  secretaries and the executive directors shall be registered
   74  professional engineers in accordance with the provisions of
   75  chapter 471 or the laws of another state, or, in lieu of
   76  professional engineer registration, a district secretary or
   77  executive director may hold an advanced degree in an appropriate
   78  related discipline, such as a Master of Business Administration.
   79         2. The district secretaries and the executive director of
   80  the turnpike enterprise are exempt from part III of chapter 110
   81  and shall receive compensation commensurate with their
   82  qualifications and competitive with compensation for comparable
   83  responsibility in other public sector organizations and in the
   84  private sector. The salaries of the district secretaries and the
   85  executive director of the turnpike enterprise must be 15 percent
   86  below that of the secretary, as determined under subparagraph
   87  (1)(f)2., who is head of the department at the time the district
   88  secretaries and the executive director of the turnpike
   89  enterprise take their positions.
   90         3. The headquarters of the districts shall be located in
   91  Polk, Columbia, Washington, Broward, Volusia, Miami-Dade, and
   92  Hillsborough Counties. The headquarters of the turnpike
   93  enterprise shall be located in Orange County. The headquarters
   94  of the rail enterprise shall be located in Leon County. In order
   95  to provide for efficient operations and to expedite the
   96  decisionmaking process, the department shall provide for maximum
   97  decentralization to the districts.
   98         Section 2. Section 316.0898, Florida Statutes, is created
   99  to read:
  100         316.0898 Florida Smart City Challenge grant program.—
  101         (1)The Department of Transportation, in consultation with
  102  the Department of Highway Safety and Motor Vehicles, shall
  103  develop the Florida Smart City Challenge grant program and shall
  104  establish grant award requirements for municipalities, regions
  105  of the state, entities created under chapters 343 and 348,
  106  including any authority formed under part I of chapter 348, and
  107  any authority created under chapter 349, referred to in this
  108  section as “applicants,” for the purpose of receiving grant
  109  awards. Grant applicants must demonstrate and document the
  110  adoption of emerging technologies and their impact on the
  111  transportation system and must address at least the following
  112  focus areas:
  113         (a)Autonomous vehicles.
  114         (b)Connected vehicles.
  115         (c)Sensor-based infrastructure.
  116         (d)Collecting and using data.
  117         (e) Electric vehicles, including charging stations.
  118         (f)Developing strategic models and partnerships.
  119         (2)The goals of the grant program include, but are not
  120  limited to:
  121         (a)Identifying transportation challenges and identifying
  122  how emerging technologies can address those challenges.
  123         (b)Determining the emerging technologies and strategies
  124  that have the potential to provide the most significant impacts.
  125         (c)Encouraging applicants to take significant steps to
  126  integrate emerging technologies into their day-to-day
  127  operations.
  128         (d)Identifying the barriers to implementing the grant
  129  program and communicating those barriers to the Legislature and
  130  appropriate agencies and organizations.
  131         (e)Leveraging the initial grant to attract additional
  132  public and private investments.
  133         (f)Increasing the state’s competitiveness in the pursuit
  134  of grants from the United States Department of Transportation,
  135  the United States Department of Energy, and other federal
  136  agencies.
  137         (g)Committing to the continued operation of programs
  138  implemented in connection with the grant.
  139         (h)Serving as a nationwide model for Smart City programs.
  140         (i)Documenting the costs and impacts of the grant program
  141  and lessons learned during implementation.
  142         (j) Identifying solutions that will demonstrate local or
  143  regional economic impact.
  144         (3)The Department of Transportation shall develop
  145  eligibility, application, and selection criteria for the program
  146  grants and a plan for the promotion of the grant program to
  147  applicants in this state as an opportunity to compete for grant
  148  funding, including the award of grants to a single recipient and
  149  secondary grants to specific projects of merit within other
  150  applications. The Department of Transportation may contract with
  151  a third party that demonstrates knowledge and expertise in the
  152  focuses and goals of this section to provide guidance in the
  153  development of the requirements of this section.
  154         (4)On or before January 1, 2018, the Department of
  155  Transportation shall submit the grant program guidelines and
  156  plans for promotion of the grant program to the Governor, the
  157  President of the Senate, and the Speaker of the House of
  158  Representatives.
  159         (5) This section expires July 1, 2018.
  160         Section 3. Present paragraphs (c) and (d) of subsection (3)
  161  of section 316.545, Florida Statutes, are redesignated as
  162  paragraphs (d) and (e), respectively, and a new paragraph (c) is
  163  added to that subsection, to read:
  164         316.545 Weight and load unlawful; special fuel and motor
  165  fuel tax enforcement; inspection; penalty; review.—
  166         (3)
  167         (c)1. For a vehicle fueled by natural gas, the fine is
  168  calculated by reducing the actual gross vehicle weight by the
  169  certified weight difference between the natural gas tank and
  170  fueling system and a comparable diesel tank and fueling system.
  171  Upon the request of a weight inspector or a law enforcement
  172  officer, the vehicle operator shall present a written
  173  certification that identifies the weight of the natural gas tank
  174  and fueling system and the difference in weight of a comparable
  175  diesel tank and fueling system. The written certification must
  176  originate from the vehicle manufacturer or the installer of the
  177  natural gas tank and fueling system.
  178         2. The actual gross vehicle weight for vehicles fueled by
  179  natural gas may not exceed 82,000 pounds, excluding the weight
  180  allowed for idle-reduction technology under paragraph (b).
  181         3. This paragraph does not apply to vehicles described in
  182  s. 316.535(6).
  183         Section 4. Effective upon the same date that SB 340 or
  184  similar legislation takes effect, if such legislation is adopted
  185  in the 2017 Regular Session or any extension thereof and becomes
  186  a law, section 316.851, Florida Statutes, is created to read:
  187         316.851 Autonomous vehicles; providing prearranged rides.—
  188         (1) An autonomous vehicle used by a transportation network
  189  company to provide a prearranged ride must be covered by
  190  automobile insurance as required by s. 627.748, regardless of
  191  whether a human operator is physically present within the
  192  vehicle when the ride occurs. When an autonomous vehicle is
  193  logged on to a digital network but is not engaged in a
  194  prearranged ride, the autonomous vehicle must maintain insurance
  195  coverage as defined in s. 627.748(7)(b).
  196         (2) An autonomous vehicle used to provide a transportation
  197  service shall carry in the vehicle proof of coverage satisfying
  198  the requirements of this section at all times while operating in
  199  autonomous mode.
  200         Section 5. Section 316.853, Florida Statutes, is created to
  201  read:
  202         316.853 Automated mobility districts.—
  203         (1) For the purpose of this section, an “automated mobility
  204  district” means a master planned development or combination of
  205  contiguous developments in which the deployment of autonomous
  206  vehicles as defined in s. 316.003 as the basis for a shared
  207  mobility system is a stated goal or objective of the development
  208  or developments.
  209         (2) The Department of Transportation shall designate
  210  automated mobility districts.
  211         (3) In determining the eligibility of a community for
  212  designation as an automated mobility district, the Department of
  213  Transportation shall consider applicable criteria from federal
  214  agencies for automated mobility districts and apply those
  215  criteria to eligible developments in this state.
  216         Section 6. Paragraph (a) of subsection (1) of section
  217  319.145, Florida Statutes, is amended to read:
  218         319.145 Autonomous vehicles.—
  219         (1) An autonomous vehicle registered in this state must
  220  continue to meet applicable federal standards and regulations
  221  for such motor vehicle. The vehicle must:
  222         (a) Have a system to safely alert the operator if an
  223  autonomous technology failure is detected while the autonomous
  224  technology is engaged. When an alert is given, the system must:
  225         1. Require the operator to take control of the autonomous
  226  vehicle; or
  227         2. If the human operator does not, or is not able to, take
  228  control of the autonomous vehicle, or if a human operator is not
  229  physically present in the vehicle, be capable of bringing the
  230  vehicle to a complete stop.
  231         Section 7. Subsection (2) of section 335.074, Florida
  232  Statutes, is amended to read:
  233         335.074 Safety inspection of bridges.—
  234         (2) At regular intervals as required by the Federal Highway
  235  Administration not to exceed 2 years, each bridge on a public
  236  transportation facility shall be inspected for structural
  237  soundness and safety for the passage of traffic on such bridge.
  238  The thoroughness with which bridges are to be inspected shall
  239  depend on such factors as age, traffic characteristics, state of
  240  maintenance, and known deficiencies. The governmental entity
  241  having maintenance responsibility for any such bridge shall be
  242  responsible for having inspections performed and reports
  243  prepared in accordance with the provisions contained herein.
  244         Section 8. Paragraph (c) of subsection (6) of section
  245  337.11, Florida Statutes, is amended to read:
  246         337.11 Contracting authority of department; bids; emergency
  247  repairs, supplemental agreements, and change orders; combined
  248  design and construction contracts; progress payments; records;
  249  requirements of vehicle registration.—
  250         (6)
  251         (c) When the department determines that it is in the best
  252  interest of the public for reasons of public concern, economy,
  253  improved operations, or safety, and only for contracts for
  254  construction and maintenance which do not exceed $250,000 when
  255  circumstances dictate rapid completion of the work, the
  256  department may, up to the amount of $120,000, enter into
  257  contracts for construction and maintenance without advertising
  258  and receiving competitive bids. The department may enter into
  259  such contracts only upon a determination that the work is
  260  necessary for one of the following reasons:
  261         1. To ensure timely completion of projects or avoidance of
  262  undue delay for other projects;
  263         2. To accomplish minor repairs or construction and
  264  maintenance activities for which time is of the essence and for
  265  which significant cost savings would occur; or
  266         3. To accomplish nonemergency work necessary to ensure
  267  avoidance of adverse conditions that affect the safe and
  268  efficient flow of traffic.
  270  The department shall make a good faith effort to obtain two or
  271  more quotes, if available, from qualified contractors before
  272  entering into any contract. The department shall give
  273  consideration to disadvantaged business enterprise
  274  participation. However, when the work exists within the limits
  275  of an existing contract, the department shall make a good faith
  276  effort to negotiate and enter into a contract with the prime
  277  contractor on the existing contract.
  278         Section 9. Paragraph (a) of subsection (1) of section
  279  337.401, Florida Statutes, is amended to read:
  280         337.401 Use of right-of-way for utilities subject to
  281  regulation; permit; fees.—
  282         (1)(a) The department and local governmental entities,
  283  referred to in this section and in ss. 337.402, 337.403, and
  284  337.404 as the “authority,” that have jurisdiction and control
  285  of public roads or publicly owned rail corridors are authorized
  286  to prescribe and enforce reasonable rules or regulations with
  287  reference to the placing and maintaining across, on, or within
  288  the right-of-way limits of any road or publicly owned rail
  289  corridors under their respective jurisdictions any electric
  290  transmission, voice telephone, telegraph, data, or other
  291  communications services lines or wireless facilities; pole
  292  lines; poles; railways; ditches; sewers; water, heat, or gas
  293  mains; pipelines; fences; gasoline tanks and pumps; or other
  294  structures referred to in this section and in ss. 337.402,
  295  337.403, and 337.404 as the “utility.” The department may enter
  296  into a permit-delegation agreement with a governmental entity if
  297  issuance of a permit is based on requirements that the
  298  department finds will ensure the safety and integrity of
  299  facilities of the Department of Transportation; however, the
  300  permit-delegation agreement does not apply to facilities of
  301  electric utilities as defined in s. 366.02(2).
  302         Section 10. Subsection (5) is added to section 338.227,
  303  Florida Statutes, to read:
  304         338.227 Turnpike revenue bonds.—
  305         (5) Notwithstanding s. 215.82, bonds issued pursuant to
  306  this section are not required to be validated pursuant to
  307  chapter 75 but may be validated at the option of the Division of
  308  Bond Finance. Any complaint about such validation must be filed
  309  in the circuit court of the county in which the seat of state
  310  government is situated, and the clerk shall publish the notice
  311  as required by s. 75.06 only in the county in which the
  312  complaint is filed. The complaint and order of the circuit court
  313  must be served on the state attorney of the circuit in which the
  314  action is pending.
  315         Section 11. Subsection (2) of section 215.82, Florida
  316  Statutes, is amended to read:
  317         215.82 Validation; when required.—
  318         (2) Any bonds issued pursuant to this act which are
  319  validated shall be validated in the manner provided by chapter
  320  75. In actions to validate bonds to be issued in the name of the
  321  State Board of Education under s. 9(a) and (d), Art. XII of the
  322  State Constitution and bonds to be issued pursuant to chapter
  323  259, the Land Conservation Program, the complaint shall be filed
  324  in the circuit court of the county where the seat of state
  325  government is situated, the notice required to be published by
  326  s. 75.06 shall be published only in the county where the
  327  complaint is filed, and the complaint and order of the circuit
  328  court shall be served only on the state attorney of the circuit
  329  in which the action is pending. In any action to validate bonds
  330  issued pursuant to s. 1010.62 or issued pursuant to s. 9(a)(1),
  331  Art. XII of the State Constitution or issued pursuant to s.
  332  215.605 or s. 338.227, the complaint shall be filed in the
  333  circuit court of the county where the seat of state government
  334  is situated, the notice required to be published by s. 75.06
  335  shall be published in a newspaper of general circulation in the
  336  county where the complaint is filed and in two other newspapers
  337  of general circulation in the state, and the complaint and order
  338  of the circuit court shall be served only on the state attorney
  339  of the circuit in which the action is pending; provided,
  340  however, that if publication of notice pursuant to this section
  341  would require publication in more newspapers than would
  342  publication pursuant to s. 75.06, such publication shall be made
  343  pursuant to s. 75.06.
  344         Section 12. The Department of Transportation shall
  345  undertake an economic feasibility study relating to the
  346  acquisition of the Garcon Point Bridge. The department shall
  347  submit the completed study to the Governor, the President of the
  348  Senate, and the Speaker of the House of Representatives by
  349  October 1, 2018.
  350         Section 13. Paragraph (e) of subsection (7) of section
  351  339.135, Florida Statutes, is amended to read:
  352         339.135 Work program; legislative budget request;
  353  definitions; preparation, adoption, execution, and amendment.—
  355         (e) Notwithstanding paragraphs (d), and (g), and (h) and
  356  ss. 216.177(2) and 216.351, the secretary may request the
  357  Executive Office of the Governor to amend the adopted work
  358  program when an emergency exists, as defined in s. 252.34, and
  359  the emergency relates to the repair or rehabilitation of any
  360  state transportation facility. The Executive Office of the
  361  Governor may approve the amendment to the adopted work program
  362  and amend that portion of the department’s approved budget if a
  363  delay incident to the notification requirements in paragraph (d)
  364  would be detrimental to the interests of the state. However, the
  365  department shall immediately notify the parties specified in
  366  paragraph (d) and provide such parties written justification for
  367  the emergency action within 7 days after approval by the
  368  Executive Office of the Governor of the amendment to the adopted
  369  work program and the department’s budget. The adopted work
  370  program may not be amended under this subsection without
  371  certification by the comptroller of the department that there
  372  are sufficient funds available pursuant to the 36-month cash
  373  forecast and applicable statutes.
  374         Section 14. Section 339.2405, Florida Statutes, is amended
  375  to read:
  376         339.2405 Florida Highway Beautification Grant Program
  377  Council.—
  378         (1) There is created within the Department of
  379  Transportation the Florida Highway Beautification Grant Program
  380  for the purpose of awarding grants to local governmental
  381  entities for beautification of roads on the State Highway System
  382  as provided in subsections (3) and (4). The department shall
  383  Council. It shall consist of seven members appointed by the
  384  Governor. All appointed members must be residents of this state.
  385  One member must be a licensed landscape architect, one member
  386  must be a representative of the Florida Federation of Garden
  387  Clubs, Inc., one member must be a representative of the Florida
  388  Nurserymen and Growers Association, one member must be a
  389  representative of the department as designated by the head of
  390  the department, one member must be a representative of the
  391  Department of Agriculture and Consumer Services, and two members
  392  must be private citizens. The members of the council shall serve
  393  at the pleasure of the Governor.
  394         (2) Each chair shall be selected by the council members and
  395  shall serve a 2-year term.
  396         (3) The council shall meet no less than semiannually at the
  397  call of the chair or, in the chair’s absence or incapacity, at
  398  the call of the head of the department. Four members shall
  399  constitute a quorum for the purpose of exercising all of the
  400  powers of the council. A vote of the majority of the members
  401  present shall be sufficient for all actions of the council.
  402         (4) The council members shall serve without pay but shall
  403  be entitled to per diem and travel expenses pursuant to s.
  404  112.061.
  405         (5) A member of the council may not participate in any
  406  discussion or decision to recommend grants to any qualified
  407  local government with which the member is associated as a member
  408  of the governing body or as an employee or with which the member
  409  has entered into a contractual arrangement.
  410         (6) The council may prescribe, amend, and repeal bylaws
  411  governing the manner in which the business of the council is
  412  conducted.
  413         (7)(a) The duties of the council shall be to:
  414         (a)1. Provide information to local governments and local
  415  highway beautification councils regarding the state highway
  416  beautification grants program.
  417         (b)2. Accept grant requests from local governments.
  418         (c)3. Review grant requests for compliance with department
  419  council rules.
  420         (d)4. Establish rules for evaluating and prioritizing the
  421  grant requests. The rules must include, but are not limited to,
  422  an examination of each grant’s aesthetic value, cost
  423  effectiveness, level of local support, feasibility of
  424  installation and maintenance, and compliance with state and
  425  federal regulations. Rules adopted by the department council
  426  which it uses to evaluate grant applications must take into
  427  consideration the contributions made by the highway
  428  beautification project in preventing litter.
  429         (e)5. Maintain a prioritized list of approved grant
  430  requests. The list must include recommended funding levels for
  431  each request and, if staged implementation is appropriate,
  432  funding requirements for each stage shall be provided.
  433         6. Assess the feasibility of planting and maintaining
  434  indigenous wildflowers and plants, instead of sod groundcovers,
  435  along the rights-of-way of state roads and highways. In making
  436  such assessment, the council shall utilize data from other
  437  states which include indigenous wildflower and plant species in
  438  their highway vegetative management systems.
  439         (b) The council may, at the request of the head of the
  440  department, review and make recommendations on any other highway
  441  beautification matters relating to the State Highway System.
  442         (8) The head of the department shall provide from existing
  443  personnel such staff support services to the council as are
  444  necessary to enable the council to fulfill its duties and
  445  responsibilities.
  446         (2)(9) Local highway beautification councils may be created
  447  by local governmental entities or by the Legislature. Prior to
  448  being submitted to the department council, a grant request must
  449  be approved by the local government or governments of the area
  450  in which the project is located.
  451         (3)(10) The head of the department, after receiving
  452  recommendations from the council, shall award grants to local
  453  governmental entities that have submitted grant requests for
  454  beautification of roads on the State Highway System and which
  455  requests are on the council’s approved list. The grants shall be
  456  awarded in the order they appear on the council’s prioritized
  457  list and in accordance with available funding.
  458         (4)(11) State highway beautification grants may be
  459  requested only for projects to beautify through landscaping
  460  roads on the State Highway System. The grant request shall
  461  identify all costs associated with the project, including
  462  sprinkler systems, plant materials, equipment, and labor. A
  463  grant shall provide for the costs of purchase and installation
  464  of a sprinkler system, the cost of plant materials and
  465  fertilizer, and may provide for the costs for labor associated
  466  with the installation of the plantings. Each local government
  467  that receives a grant is shall be responsible for any costs for
  468  water, for the maintenance of the sprinkler system, for the
  469  maintenance of the landscaped areas in accordance with a
  470  maintenance agreement with the department, and, except as
  471  otherwise provided in the grant, for any costs for labor
  472  associated with the installation of the plantings. The
  473  department may provide, by contract, services to maintain such
  474  landscaping at a level not to exceed the cost of routine
  475  maintenance of an equivalent unlandscaped area.
  476         (12) The council shall annually submit to the head of the
  477  Department of Transportation a proposal recommending the level
  478  of grant funding.
  479         Section 15. Section 343.52, Florida Statutes, is reordered
  480  and amended to read:
  481         343.52 Definitions.—As used in this part, the term:
  482         (2)(1) “Authority” means the South Florida Regional
  483  Transportation Authority.
  484         (3)(2) “Board” means the governing body of the authority.
  485         (4) “Department” means the Department of Transportation.
  486         (1)(3) “Area served” means Miami-Dade, Broward, and Palm
  487  Beach Counties. However, this area may be expanded by mutual
  488  consent of the authority and the board of county commissioners
  489  of Monroe County. The authority may not expand into any
  490  additional counties without the department’s prior written
  491  approval.
  492         (8)(4) “Transit system” means a system used for the
  493  transportation of people and goods by means of, without
  494  limitation, a street railway, an elevated railway having a fixed
  495  guideway, a commuter railroad, a subway, motor vehicles, or
  496  motor buses, and includes a complete system of tracks, stations,
  497  and rolling stock necessary to effectuate passenger service to
  498  or from the surrounding regional municipalities.
  499         (7)(5) “Transit facilities” means property, avenues of
  500  access, equipment, or buildings built and installed in Miami
  501  Dade, Broward, and Palm Beach Counties which are required to
  502  support a transit system.
  503         (6) “Member” means the individuals constituting the board.
  504         (5)(7) “Feeder transit services” means a transit system
  505  that transports passengers to or from stations within or across
  506  counties.
  507         Section 16. Paragraph (d) of subsection (2) of section
  508  343.53, Florida Statutes, is amended to read:
  509         343.53 South Florida Regional Transportation Authority.—
  510         (2) The governing board of the authority shall consist of
  511  10 voting members, as follows:
  512         (d) If the authority’s service area is expanded pursuant to
  513  s. 343.54(6) s. 343.54(5), the county containing the new service
  514  area shall have two members appointed to the board as follows:
  515         1. The county commission of the county shall elect a
  516  commissioner as that commission’s representative on the board.
  517  The commissioner must be a member of the county commission when
  518  elected and for the full extent of his or her term.
  519         2. The Governor shall appoint a citizen member to the board
  520  who is not a member of the county commission but who is a
  521  resident and a qualified elector of that county.
  522         Section 17. Present subsections (4) and (5) of section
  523  343.54, Florida Statutes, are redesignated as subsections (5)
  524  and (6), respectively, and a new subsection (4) is added to that
  525  section, to read:
  526         343.54 Powers and duties.—
  527         (4) Notwithstanding any other provision of this part, the
  528  authority may not enter into, extend, or renew any contract or
  529  other agreement under this part without the department’s prior
  530  review and written approval of the authority’s proposed
  531  expenditures if such contract or agreement may be funded, in
  532  whole or in part, with funds provided by the department.
  533         Section 18. Paragraph (c) of subsection (4) of section
  534  343.58, Florida Statutes, is amended to read:
  535         343.58 County funding for the South Florida Regional
  536  Transportation Authority.—
  537         (4) Notwithstanding any other provision of law to the
  538  contrary and effective July 1, 2010, until as provided in
  539  paragraph (d), the department shall transfer annually from the
  540  State Transportation Trust Fund to the South Florida Regional
  541  Transportation Authority the amounts specified in subparagraph
  542  (a)1. or subparagraph (a)2.
  543         (c)1. Funds provided to the authority by the department
  544  under this subsection constitute state financial assistance
  545  provided to a nonstate entity to carry out a state project
  546  subject to the provisions of ss. 215.97 and 215.971. The
  547  department shall provide the funds in accordance with the terms
  548  of a written agreement to be entered into between the authority
  549  and the department which shall provide for department review,
  550  approval and audit of authority expenditure of such funds, and
  551  shall include such other provisions as are required by
  552  applicable law. The department is specifically authorized to
  553  agree to advance the authority one-fourth of the total funding
  554  provided under this subsection for a state fiscal year at the
  555  beginning of each state fiscal year, with monthly payments over
  556  the fiscal year on a reimbursement basis as supported by
  557  invoices and such additional documentation and information as
  558  the department may reasonably require, and a reconciliation of
  559  the advance against remaining invoices in the last quarter of
  560  the fiscal year may not be committed by the authority without
  561  the approval of the department, which may not be unreasonably
  562  withheld. At least 90 days before advertising any procurement or
  563  renewing any existing contract that will rely on state funds for
  564  payment, the authority shall notify the department of the
  565  proposed procurement or renewal and the proposed terms thereof.
  566  If the department, within 60 days after receipt of notice,
  567  objects in writing to the proposed procurement or renewal,
  568  specifying its reasons for objection, the authority may not
  569  proceed with the proposed procurement or renewal. Failure of the
  570  department to object in writing within 60 days after notice
  571  shall be deemed consent. This requirement does not impair or
  572  cause the authority to cancel contracts that exist as of June
  573  30, 2012.
  574         2. To enable the department to evaluate the authority’s
  575  proposed uses of state funds, the authority shall annually
  576  provide the department with its proposed budget for the
  577  following authority fiscal year and shall promptly provide the
  578  department with any additional documentation or information
  579  required by the department for its evaluation of the proposed
  580  uses of the state funds.
  581         Section 19. The Secretary of Transportation may enroll the
  582  State of Florida in any federal pilot program or project for the
  583  collection and study of data for the review of federal or state
  584  roadway safety, infrastructure sustainability, congestion
  585  mitigation, transportation system efficiency, autonomous vehicle
  586  technology, or capacity challenges.
  587         Section 20. (1)Broward County has undergone significant
  588  expansion of its interstate system over the last 5 years.
  589  Broward County is the second most populous county in the state
  590  and is largely built out. The expansion of Broward County
  591  interstate highways occurred in fully developed areas in which
  592  relocation of permitted signs is difficult; the placement of new
  593  ramps, bridges, and other construction within the interstate
  594  right-of-way can hinder the ability of the public to view
  595  existing permitted signs; and allowing a minimal height increase
  596  based upon the height of the obstruction is reasonable.
  597         (2)Notwithstanding general law to the contrary, in the
  598  event that a properly permitted sign on an interstate highway
  599  within Broward County is subsequently obstructed by the
  600  construction of a ramp, braided bridge, or other permanent
  601  visual obstruction within the interstate right-of-way, the
  602  allowable height of the permitted sign shall be measured from
  603  the top of the visual obstruction. However, the height of the
  604  sign may not exceed 100 feet above the crown of the main
  605  traveled way of the road to which the sign is permitted
  606  regardless of the height of the visual obstruction.
  607         (3)The Department of Transportation is authorized to
  608  promulgate any rules or forms necessary to implement subsections
  609  (1) and (2) of this section.
  610         Section 21. Except as otherwise provided in this act, this
  611  act shall take effect July 1, 2017.
  613  ================= T I T L E  A M E N D M E N T ================
  614  And the title is amended as follows:
  615         Delete everything before the enacting clause
  616  and insert:
  617                        A bill to be entitled                      
  618         An act relating to transportation; amending s. 20.23,
  619         F.S.; requiring the Department of Transportation to
  620         consist of a central office and districts, subject to
  621         certain requirements; providing that any secretary
  622         appointed after a specified date and the assistant
  623         secretaries are exempt from membership in the Senior
  624         Management Service System Class; requiring the
  625         secretary and assistant secretaries to receive
  626         compensation competitive with compensation for
  627         comparable responsibility in other public sector
  628         organizations; requiring that the salaries of the
  629         secretary and the assistant secretaries be established
  630         by the Florida Transportation Commission and
  631         determined by a certain market analysis, subject to
  632         certain requirements; providing minimum specified
  633         salaries for the secretary and assistant secretaries;
  634         providing that the district secretaries and the
  635         executive director of the turnpike enterprise are
  636         exempt from membership in the Senior Management
  637         Service System Class; requiring that the district
  638         secretaries and the executive director of the turnpike
  639         enterprise receive compensation commensurate with
  640         their qualifications and competitive with compensation
  641         for comparable responsibility in other public sector
  642         organizations and in the private sector; providing
  643         salary requirements for the district secretaries and
  644         the executive director of the turnpike enterprise;
  645         creating s. 316.0898, F.S.; requiring the Department
  646         of Transportation, in consultation with the Department
  647         of Highway Safety and Motor Vehicles, to develop the
  648         Florida Smart City Challenge grant program; defining
  649         the term “applicants”; specifying requirements for
  650         grant program applicants; establishing goals for the
  651         grant program; requiring the Department of
  652         Transportation to develop specified criteria for the
  653         program grants and a plan for promotion of the grant
  654         program; authorizing the Department of Transportation
  655         to contract with a third party that demonstrates
  656         certain knowledge and expertise for a specified
  657         purpose; requiring the Department of Transportation to
  658         submit certain information regarding the grant program
  659         to the Governor and the Legislature by a specified
  660         date; providing for repeal; amending s. 316.545, F.S.;
  661         providing for the calculation of fines for unlawful
  662         weight and load for a vehicle fueled by natural gas;
  663         requiring the vehicle operator to present a certain
  664         written certification upon request by a weight
  665         inspector or law enforcement officer; prescribing a
  666         maximum actual gross vehicle weight for vehicles
  667         fueled by natural gas; providing applicability;
  668         creating s. 316.851, F.S.; requiring an autonomous
  669         vehicle used by a transportation network company to be
  670         covered by automobile insurance, subject to certain
  671         requirements; requiring an autonomous vehicle used to
  672         provide a transportation service to carry in the
  673         vehicle proof of coverage satisfying certain
  674         requirements at all times while operating in
  675         autonomous mode; creating s. 316.853, F.S.; defining
  676         the term “automated mobility district”; requiring the
  677         Department of Transportation to designate automated
  678         mobility districts; requiring the department to
  679         consider applicable criteria from federal agencies for
  680         automated mobility districts in determining
  681         eligibility of a community for the designation;
  682         amending s. 319.145, F.S.; requiring an autonomous
  683         vehicle registered in this state to be capable of
  684         bringing the vehicle to a full stop when an alert is
  685         given if the human operator does not, or is not able
  686         to, take control of the autonomous vehicle, or if a
  687         human operator is not physically present in the
  688         vehicle; amending s. 335.074, F.S.; requiring bridges
  689         on public transportation facilities to be inspected
  690         for certain purposes at regular intervals as required
  691         by the Federal Highway Administration; amending s.
  692         337.11, F.S.; increasing the allowable amount for
  693         contracts for construction and maintenance which the
  694         department may enter into, in certain circumstances,
  695         without advertising and receiving competitive bids;
  696         amending s. 337.401, F.S.; authorizing the Department
  697         of Transportation and certain local governmental
  698         entities to prescribe and enforce reasonable rules or
  699         regulations with reference to the placing and
  700         maintaining across, on, or within the right-of-way
  701         limits of any road or publicly owned rail corridors
  702         under their respective jurisdictions any voice or data
  703         communications services lines or wireless facilities;
  704         amending s. 338.227, F.S.; providing that certain
  705         bonds are not required to be validated but may be
  706         validated at the option of the Division of Bond
  707         Finance; providing filing, notice, and service
  708         requirements for complaints and circuit court orders
  709         concerning such validation; amending s. 215.82, F.S.;
  710         conforming a provision to changes made by the act;
  711         requiring the department to undertake an economic
  712         feasibility study relating to the acquisition of the
  713         Garcon Point Bridge; requiring the department to
  714         submit the completed study to the Governor and
  715         Legislature by a specified date; amending s. 339.135,
  716         F.S.; providing an additional exception related to the
  717         amendment of adopted work programs when an emergency
  718         exists; amending s. 339.2405, F.S.; replacing the
  719         Florida Highway Beautification Council within the
  720         department with the Florida Highway Beautification
  721         Grant Program; providing the purpose of the program;
  722         providing duties of the department; conforming
  723         provisions to changes made by the act; amending s.
  724         343.52, F.S.; defining the term “department”; amending
  725         s. 343.53, F.S.; conforming a cross-reference;
  726         amending s. 343.54, F.S.; prohibiting the South
  727         Florida Regional Transportation Authority from
  728         entering into, extending, or renewing certain
  729         contracts or other agreements without the department’s
  730         prior review and written approval if such contracts or
  731         agreements may be funded with funds provided by the
  732         department; amending s. 343.58, F.S.; providing that
  733         certain funds provided to the authority by the
  734         department constitute state financial assistance for
  735         specified purposes, subject to certain requirements;
  736         requiring the department to provide certain funds in
  737         accordance with the terms of an agreement between the
  738         authority and the department; authorizing the
  739         department to advance the authority a certain amount
  740         of the total funding for a state fiscal year at the
  741         beginning of each state fiscal year, subject to
  742         certain requirements; requiring the authority to
  743         promptly provide the department any documentation or
  744         information, in addition to the proposed annual
  745         budget, which is required by the department for its
  746         evaluation of the proposed uses of state funds;
  747         authorizing the Secretary of Transportation to enroll
  748         the State of Florida in federal pilot programs or
  749         projects for the collection and study of data for the
  750         review of federal or state roadway safety,
  751         infrastructure sustainability, congestion mitigation,
  752         transportation system efficiency, autonomous vehicle
  753         technology, or capacity challenges; providing
  754         legislative findings; providing for an alternate means
  755         to measure permitted sign height on interstate
  756         highways within Broward County; authorizing the
  757         Department of Transportation to promulgate rules and
  758         forms; providing effective dates, one of which is
  759         contingent.