CODING: Words stricken are deletions; words underlined are additions.
H
Senator Hargrett moved the following amendment:
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Hargrett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Section 316.0815, Florida Statutes, is
18 created to read:
19 316.0815 Duty to yield to public transit vehicles.--
20 (1) The driver of a vehicle shall yield the right of
21 way to a publicly owned transit bus traveling in the same
22 direction which has signaled and is reentering the traffic
23 flow.
24 (2) This section does not relieve the driver of a
25 public transit vehicle from the duty to drive with due regard
26 for the safety of all persons using the roadway.
27 Section 2. Subsection (2) of section 318.15, Florida
28 Statutes, is amended to read:
29 318.15 Failure to comply with civil penalty or to
30 appear; penalty.--
31 (2) After suspension of the driver's license and
1
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 privilege to drive of a person under subsection (1), the
2 license and privilege may not be reinstated until the person
3 complies with all obligations and penalties imposed on him or
4 her under s. 318.18 and presents to a driver license office a
5 certificate of compliance issued by the court, together with
6 the $25 nonrefundable service fee imposed under s. 322.29, or
7 pays the aforementioned $25 service fee to the clerk of the
8 court or a tax collector clearing such suspension. Such
9 person shall also be in compliance with requirements of
10 chapter 322 prior to reinstatement.
11 Section 3. Paragraph (c) of subsection (3) of section
12 318.18, Florida Statutes, is amended to read:
13 318.18 Amount of civil penalties.--The penalties
14 required for a noncriminal disposition pursuant to s. 318.14
15 are as follows:
16 (3)
17 (c) A person cited for exceeding the speed limit in a
18 legally posted school zone or a posted construction zone will
19 be assessed a fine double the amount listed in paragraph (b).
20 The fine shall be doubled for construction zone violations
21 only if construction personnel are present or operating
22 equipment on the road or immediately adjacent to the road
23 under construction.
24 Section 4. Subsection (1) of section 334.0445, Florida
25 Statutes, is amended to read:
26 334.0445 Model career service classification and
27 compensation plan.--
28 (1) Effective July 1, 1994, the Legislature grants to
29 the Department of Transportation in consultation with the
30 Department of Management Services, the Executive Office of the
31 Governor, legislative appropriations committees, legislative
2
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 personnel committees, and the affected certified bargaining
2 unions, the authority on a pilot basis to develop and
3 implement a model career service classification and
4 compensation system. Such system shall be developed for use by
5 all state agencies. Authorization for this program will end
6 June 30, 2000 be for 3 fiscal years beginning July 1, 1994,
7 and ending June 30, 1997; however, the department may elect or
8 be directed by the Legislature to return to the current system
9 at anytime during this period if the model system does not
10 meet the stated goals and objectives.
11 Section 5. Subsection (1) of section 335.0415, Florida
12 Statutes, is amended to read:
13 335.0415 Public road jurisdiction and transfer
14 process.--
15 (1) The jurisdiction of public roads and the
16 responsibility for operation and maintenance within the
17 right-of-way of any road within the state, county, and
18 municipal road system shall be that which exists immediately
19 preceding the adoption of chapter 95-257 on July 1, 1995.
20 Section 6. Subsection (16) of section 337.11, Florida
21 Statutes, is amended to read:
22 337.11 Contracting authority of department; bids;
23 emergency repairs, supplemental agreements, and change orders;
24 combined design and construction contracts; progress payments;
25 records; requirements of vehicle registration.--
26 (16) The department is authorized to undertake and
27 contract to provide an owner controlled insurance plan (OCIP)
28 on any construction project or group of related construction
29 projects if the head of the department determines that an OCIP
30 will be both cost-effective for the department and otherwise
31 in its best interests. Such OCIP may provide insurance
3
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 coverage for the department and for worker's compensation and
2 employers liability and general liability and builders risk
3 for contractors, consultants as described in s. 287.055, and
4 subcontractors, for and in conjunction with any or all work
5 performed on such projects. The department may directly
6 purchase such coverage in the manner provided for the purchase
7 of commodities pursuant to s. 287.057, or self-insure, or use
8 a combination thereof, any other statutory provisions or
9 limitations on self-insurance or purchase of insurance
10 notwithstanding. The department's authority hereunder
11 includes the purchase of risk management, risk and loss
12 control, safety management, investigative and claims
13 adjustment services, advancement of funds for payment of
14 claims, and other services reasonably necessary to process and
15 pay claims under and administer the OCIP. In addition to any
16 prequalification required under s. 337.14, no contractor shall
17 be prequalified to bid on an OCIP project unless the
18 contractor's casualty and loss experience and safety record
19 meets the minimum requirements for OCIP coverage issuance on
20 the project, were the contractor to be awarded the project.
21 Exercise of the department's authority under this subsection
22 shall not be deemed a waiver of sovereign immunity.
23 Section 7. Subsections (1), (2), (3), (7), and (8) of
24 section 337.185, Florida Statutes, are amended to read:
25 337.185 State Arbitration Board.--
26 (1) To facilitate the prompt settlement of claims for
27 additional compensation arising out of construction contracts
28 between the department and the various contractors with whom
29 it transacts business, the Legislature does hereby establish
30 the State Arbitration Board, referred to in this section as
31 the "board." For the purpose of this section, "claim" shall
4
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 mean the aggregate of all outstanding claims by a party
2 arising out of a construction contract. Every contractual
3 claim in an amount up to $250,000 $100,000 per contract or, at
4 the claimant's option, up to $500,000 $250,000 per contract
5 that cannot be resolved by negotiation between the department
6 and the contractor shall be arbitrated by the board after
7 acceptance of the project by the department. As an exception,
8 either party to the dispute may request that the claim be
9 submitted to binding private arbitration. A court of law may
10 not consider the settlement of such a claim until the process
11 established by this section has been exhausted.
12 (2) The board shall be composed of three members. One
13 member shall be appointed by the head of the department, and
14 one member shall be elected by those construction companies
15 who are under contract with the department. The third member
16 shall be chosen by agreement of the other two members.
17 Whenever the third member has a conflict of interest regarding
18 affiliation with one of the parties, the other two members
19 shall select an alternate member for that hearing. The head of
20 the department may select an alternate or substitute to serve
21 as the department member for any hearing or term. Each member
22 shall serve a 2-year term. The board shall elect a chair, each
23 term, who shall be the administrator of the board and
24 custodian of its records.
25 (3) A hearing may be requested by the department or by
26 a contractor who has a dispute with the department which,
27 under the rules of the board, may be the subject of
28 arbitration. The board shall conduct the hearing within 45
29 days of the request. The party requesting the board's
30 consideration shall give notice of the hearing to each member.
31 If the board finds that a third party is necessary to resolve
5
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 the dispute, the board may vote to dismiss the claim, which
2 may thereafter be pursued in accordance with the laws of this
3 state in a court of law.
4 (7) The members member of the board elected by
5 construction companies and the third member of the board may
6 receive compensation for the performance of their duties
7 hereunder, from administrative fees received by the board. No
8 department employee may receive compensation from the board.
9 The compensation amount shall be determined by the board, but
10 shall not exceed $125 per hour, up to $1,000 per day maximum
11 $750 per day for each member authorized to receive
12 compensation. Nothing in this section shall prevent the
13 member elected by construction companies from being an
14 employee of an association affiliated with the industry, even
15 if the sole responsibility of that member is service on the
16 board. Travel expenses for the industry member may be paid by
17 an industry association, if necessary. The board may allocate
18 funds annually for clerical and other administrative services.
19 (8) The party requesting arbitration shall pay a fee
20 to the board in accordance with a schedule established by it,
21 not to exceed $500 per claim which is $25,000 or less, not to
22 exceed $1,000 per claim which is in excess of $25,000 but not
23 exceeding $50,000, not to exceed $1,500 per claim which is in
24 excess of $50,000 but not exceeding $100,000, not to exceed
25 $2,000 per claim which is in excess of $100,000 but not
26 exceeding $200,000, and not to exceed $3,000 $2,500 per claim
27 which is in excess of $200,000 but not exceeding $300,000, not
28 to exceed $4,000 per claim which is in excess of $300,000 but
29 not exceeding $400,000, and not exceeding $5,000 per claim
30 which is in excess of $400,000 but not exceeding $500,000
31 $250,000, to cover the cost of administration and compensation
6
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 of the board.
2 Section 8. Subsection (1) of section 337.19, Florida
3 Statutes, is amended to read:
4 337.19 Suits by and against department; limitation of
5 actions; forum.--
6 (1) Suits at law and in equity may be brought and
7 maintained by and against the department on any contract claim
8 under contract for work done arising from the breach of an
9 express provision or an implied covenant of a written
10 agreement or a written directive issued by the department
11 pursuant to the written agreement. In any such suit, the
12 department and the contractor shall have all of the same
13 rights, obligations, remedies, and defenses as a private
14 person under a like contract, except that no liability may be
15 based on an oral modification of the written contract or
16 written directive. However, this section shall not be
17 construed to in any way prohibit the department from limiting
18 its liability or damages through provisions in its contracts.
19 Notwithstanding anything to the contrary contained herein, no
20 employee or agent of the department may be held personally
21 liable to an extent greater than that under s. 768.28;
22 provided, that no suit sounding in tort shall be maintained
23 against the department.
24 Section 9. Subsection (4) is added to section 337.29,
25 Florida Statutes, to read:
26 337.29 Vesting of title to roads; liability for
27 torts.--
28 (4) Notwithstanding any other provision of law, the
29 department and other governmental entities may enter into
30 contracts between two or more governmental entities which
31 specifically require each government to take responsibility
7
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 for the negligence of its employees and agents. The contract
2 must provide that each governmental entity will indemnify and
3 hold the other governmental entities that are parties to the
4 contract harmless from any damage, loss, or injury arising out
5 of the negligence of that governmental entity or its agents or
6 employees. However, nothing in this subsection may be
7 construed to authorize a waiver of sovereign immunity beyond
8 the waiver under s. 768.28.
9 Section 10. Subsection (1) of section 337.403, Florida
10 Statutes, is amended to read:
11 337.403 Relocation of utility; expenses.--
12 (1) Any utility heretofore or hereafter placed upon,
13 under, over, or along any public road or publicly owned rail
14 corridor that is found by the authority to be unreasonably
15 interfering in any way with the convenient, safe, or
16 continuous use, or the maintenance, improvement, extension, or
17 expansion, of such public road or publicly owned rail corridor
18 shall, upon 30 days' written notice to the utility or its
19 agent by the authority, be removed or relocated by such
20 utility at its own expense except as provided in paragraphs
21 (a), and (b), and (c).
22 (a) If the relocation of utility facilities, as
23 referred to in s. 111 of the Federal-Aid Highway Act of 1956,
24 Pub. L. No. 627 of the 84th Congress, is necessitated by the
25 construction of a project on the federal-aid interstate
26 system, including extensions thereof within urban areas, and
27 the cost of such project is eligible and approved for
28 reimbursement by the Federal Government to the extent of 90
29 percent or more under the Federal Aid Highway Act, or any
30 amendment thereof, then in that event the utility owning or
31 operating such facilities shall relocate such facilities upon
8
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 order of the department, and the state shall pay the entire
2 expense properly attributable to such relocation after
3 deducting therefrom any increase in the value of the new
4 facility and any salvage value derived from the old facility.
5 (b) When a joint agreement between the department and
6 the utility is executed for utility improvement, relocation,
7 or removal work to be accomplished as part of a contract for
8 construction of a transportation facility, the department may
9 participate in those utility improvement, relocation, or
10 removal costs that exceed the department's official estimate
11 of the cost of such work by more than 10 percent. The amount
12 of such participation shall be limited to the difference
13 between the official estimate of all the work in the joint
14 agreement plus 10 percent and the amount awarded for this work
15 in the construction contract for such work. The department may
16 not participate in any utility improvement, relocation, or
17 removal costs that occur as a result of changes or additions
18 during the course of the contract.
19 (c) When an agreement between the department and the
20 utility is executed for utility improvement, relocation, or
21 removal work to be accomplished in advance of a contract for
22 construction of a transportation facility, the department may
23 participate in the cost of clearing and grubbing necessary to
24 perform such work.
25 Section 11. Paragraph (b) of subsection (2) of section
26 338.223, Florida Statutes, is amended to read:
27 338.223 Proposed turnpike projects.--
28 (2)
29 (b) In accordance with the legislative intent
30 expressed in s. 337.273, and after the requirements of
31 paragraph (1)(c) have been met, the department may acquire
9
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 lands and property before making a final determination of the
2 economic feasibility of a project. The requirements of
3 paragraph (1)(c) do not apply to hardship and protective
4 purchases of advance right-of-way by the department. The cost
5 of advance acquisition of right-of-way may be paid from bonds
6 issued under s. 337.276 or from turnpike revenues. For
7 purposes of this subsection, the term "hardship purchase"
8 means a purchase from a property owner of a residential
9 dwelling of not more than four units who is at a disadvantage
10 due to health impairment, job loss, or significant loss of
11 rental income. For purposes of this subsection, the term
12 "protective purchase" means a purchase to limit development,
13 building, or other intensification of land uses within the
14 area right-of-way needed for transportation facilities. The
15 department shall give written notice to the Department of
16 Environmental Protection 30 days prior to final agency
17 acceptance as set forth under s. 119.03(7)(n), which notice
18 shall allow the Department of Environmental Protection to
19 comment. Hardship and protective purchases of right-of-way
20 shall not influence the environmental feasibility of the
21 project, including the decision relative to the need to
22 construct the project or the selection of a specific location.
23 Costs to acquire and dispose of property acquired as hardship
24 and protective purchases are considered costs of doing
25 business for the department and shall not be considered in the
26 determination of environmental feasibility for the project.
27 Section 12. Section 338.229, Florida Statutes, is
28 amended to read:
29 338.229 Pledge to bondholders not to restrict certain
30 rights of department.--The state does pledge to, and agree
31 with, the holders of the bonds issued pursuant to ss.
10
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 338.22-338.244 that the state will not limit or restrict the
2 rights vested in the department to construct, reconstruct,
3 maintain, and operate any turnpike project as defined in ss.
4 338.22-338.244 or to establish and collect such tolls or other
5 charges as may be convenient or necessary to produce
6 sufficient revenues to meet the expenses of maintenance and
7 operation of the turnpike system and to fulfill the terms of
8 any agreements made with the holders of bonds authorized by
9 this act and that the state will not in any way impair the
10 rights or remedies of the holders of such bonds until the
11 bonds, together with interest on the bonds, are fully paid and
12 discharged. In implementing this section, the department is
13 specifically authorized to provide for further restrictions on
14 the sale, transfer, lease, and other disposition or operation
15 of any portion of the turnpike system which reduces the
16 revenue available for payment of bondholders.
17 Section 13. Subsections (3) and (23) of section
18 479.01, Florida Statutes, are amended to read:
19 479.01 Definitions.--As used in this chapter, the
20 term:
21 (3) "Commercial or industrial zone" means a parcel of
22 land an area within 660 feet of the nearest edge of the
23 right-of-way of the interstate or federal-aid primary system
24 designated predominately for commercial or industrial use
25 under both the future land use map of the comprehensive plan
26 and the land development regulations adopted under pursuant to
27 chapter 163. If a parcel is located in an area designated for
28 multiple uses on the future land-use map of a comprehensive
29 plan and the land development regulations do not clearly
30 designate that parcel for a specific use, the area will be
31 considered an unzoned commercial or industrial area if it
11
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 meets the criteria of subsection (23). Where a local
2 governmental entity has not enacted a comprehensive plan by
3 local ordinance but has zoning regulations governing the area,
4 the zoning of an area shall determine whether the area is
5 designated predominately for commercial or industrial uses.
6 (23) "Unzoned commercial or industrial area" means a
7 parcel of land designated by the an area within 660 feet of
8 the nearest edge of the right-of-way of the interstate or
9 federal-aid primary system where the land use is not covered
10 by a future land use map of the comprehensive plan for
11 multiple uses that include commercial or industrial uses but
12 are not specifically designated for commercial or industrial
13 uses under the land development regulations and or zoning
14 regulation pursuant to subsection (2), in which there are
15 located three or more separate and distinct conforming
16 industrial or commercial activities are located.
17 (a) These activities must satisfy the following
18 criteria:
19 1. At least one of the commercial or industrial
20 activities must be located on the same side of the highway and
21 within 800 feet of the sign location;
22 2. The commercial or industrial activities must be
23 within 660 feet from the nearest edge of the right of way; and
24 3. The commercial or industrial activities must be
25 within 1,600 feet of each other.
26
27 Distances specified in this paragraph must be measured from
28 the nearest outer edge of the primary building, or primary
29 building complex when the individual units of the complex are
30 connected by covered walkways. uses located within a
31 1,600-foot radius of each other and generally recognized as
12
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 commercial or industrial by zoning authorities in this state.
2 (b) Certain activities, including, but not limited to,
3 the following, may not be so recognized as commercial or
4 industrial activities:
5 1.(a) Signs.
6 2. Communication towers.
7 3.(b) Agricultural, forestry, ranching, grazing,
8 farming, and related activities, including, but not limited
9 to, wayside fresh produce stands.
10 4.(c) Transient or temporary activities.
11 5.(d) Activities not visible from the main-traveled
12 way.
13 6.(e) Activities conducted more than 660 feet from the
14 nearest edge of the right-of-way.
15 7.(f) Activities conducted in a building principally
16 used as a residence.
17 8.(g) Railroad tracks and minor sidings.
18 Section 14. Paragraph (b) of subsection (8) of section
19 479.07, Florida Statutes, is amended to read:
20 479.07 Sign permits.--
21 (8)
22 (b) If a permittee has not submitted his or her fee
23 payment by the expiration date of the licenses or permits, the
24 department shall send a notice of violation to the permittee
25 within 45 days after the expiration date, requiring the
26 payment of the permit fee within 30 days after the date of the
27 notice and payment of a delinquency fee equal to 10 percent of
28 the original amount due or, in the alternative to these
29 payments, requiring the filing of a request for an
30 administrative hearing to show cause why his or her sign
31 should not be subject to immediate removal due to expiration
13
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 of his or her license or permit. If the permittee submits
2 payment as required by the violation notice, his or her
3 license or permit will be automatically reinstated and such
4 reinstatement will be retroactive to the original expiration
5 date. If the permittee does not respond to the notice of
6 violation within the 30-day period, the department shall,
7 within 30 days, issue a final notice of sign removal and may,
8 following 90 days after the date of the department's final
9 notice of sign removal, remove the sign without incurring any
10 liability as a result of such removal. However, if at any time
11 prior to removal of the sign if within 90 days after the date
12 of the department's final notice of sign removal, the
13 permittee demonstrates that a good faith error on the part of
14 the permittee resulted in cancellation or nonrenewal of the
15 permit, the department may reinstate the permit if:
16 1. The sign has not yet been disassembled by the
17 permittee;
18 2. Conflicting applications have not been filed by
19 other persons;
20 1.3. A The permit reinstatement fee of up to $300,
21 based on the size of the sign, is paid;
22 2.4. All other permit renewal and delinquent permit
23 fees due as of the reinstatement date are paid; and
24 3.5. The permittee reimburses the department for all
25 actual costs resulting from the permit cancellation or
26 nonrenewal and sign removal.
27
28 Conflicting applications filed by other persons for the same
29 or competing site covered by a permit subject to the
30 provisions of this paragraph shall not be approved until after
31 the sign subject to the expired permit has been removed.
14
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 Section 15. Subsection (15) of section 479.16, Florida
2 Statutes, is amended to read:
3 479.16 Signs for which permits are not required.--The
4 following signs are exempt from the requirement that a permit
5 for a sign be obtained under the provisions of this chapter
6 but are required to comply with the provisions of s.
7 479.11(4)-(8):
8 (15) Signs not in excess of 16 square feet placed at a
9 road junction with the State Highway System denoting only the
10 distance or direction of a residence or farm operation, or, in
11 a rural area where a hardship is created because a small
12 business is not visible from the road junction with the State
13 Highway System, one sign not in excess of 16 8 square feet,
14 denoting only the name of the business and the distance and
15 direction to the business. The small-business-sign provision
16 of this subsection does not apply to charter counties and may
17 not be implemented if the Federal Government notifies the
18 department that implementation will adversely affect the
19 allocation of federal funds to the department.
20 Section 16. Subsection (1) of section 832.06, Florida
21 Statutes, is amended to read:
22 832.06 Prosecution for worthless checks given tax
23 collector for licenses or taxes; refunds.--
24 (1) Whenever any person, firm, or corporation violates
25 the provisions of s. 832.05 by drawing, making, uttering,
26 issuing, or delivering to any county tax collector any check,
27 draft, or other written order on any bank or depository for
28 the payment of money or its equivalent for any tag, title,
29 lien, tax (except ad valorem taxes), penalty, or fee relative
30 to a boat, airplane, or motor vehicle; any occupational
31 license, beverage license, or sales or use tax; or any hunting
15
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 or fishing license; or any driver's license or identification
2 card, the county tax collector, after the exercise of due
3 diligence to locate the person, firm, or corporation which
4 drew, made, uttered, issued, or delivered the check, draft, or
5 other written order for the payment of money, or to collect
6 the same by the exercise of due diligence and prudence, shall
7 swear out a complaint in the proper court against the person,
8 firm, or corporation for the issuance of the worthless check
9 or draft. If the state attorney cannot sign the information
10 due to lack of proof, as determined by the state attorney in
11 good faith, for a prima facie case in court, he or she shall
12 issue a certificate so stating to the tax collector. If
13 payment of the dishonored check, draft, or other written
14 order, together with court costs expended, is not received in
15 full by the county tax collector within 30 days after service
16 of the warrant, 30 days after conviction, or 60 days after the
17 collector swears out the complaint or receives the certificate
18 of the state attorney, whichever is first, the county tax
19 collector shall make a written report to this effect to the
20 Department of Highway Safety and Motor Vehicles relative to
21 airplanes and motor vehicles, to the Department of
22 Environmental Protection relative to boats, to the Department
23 of Revenue relative to occupational licenses and the sales and
24 use tax, to the Division of Alcoholic Beverages and Tobacco of
25 the Department of Business and Professional Regulation
26 relative to beverage licenses, or to the Game and Fresh Water
27 Fish Commission relative to hunting and fishing licenses,
28 containing a statement of the amount remaining unpaid on the
29 worthless check or draft. If the information is not signed,
30 the certificate of the state attorney is issued, and the
31 written report of the amount remaining unpaid is made, the
16
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 county tax collector may request the sum be forthwith refunded
2 by the appropriate governmental entity, agency, or department.
3 If a warrant has been issued and served, he or she shall
4 certify to that effect, together with the court costs and
5 amount remaining unpaid on the check. The county tax collector
6 may request that the sum of money certified by him or her be
7 forthwith refunded by the Department of Highway Safety and
8 Motor Vehicles, the Department of Environmental Protection,
9 the Department of Revenue, the Division of Alcoholic Beverages
10 and Tobacco of the Department of Business and Professional
11 Regulation, or the Game and Fresh Water Fish Commission to the
12 county tax collector. Within 30 days after receipt of the
13 request, the Department of Highway Safety and Motor Vehicles,
14 the Department of Environmental Protection, the Department of
15 Revenue, the Division of Alcoholic Beverages and Tobacco of
16 the Department of Business and Professional Regulation, or the
17 Game and Fresh Water Fish Commission, upon being satisfied as
18 to the correctness of the certificate of the tax collector, or
19 the report, shall refund to the county tax collector the sums
20 of money so certified or reported. If any officer of any court
21 issuing the warrant is unable to serve it within 60 days after
22 the issuance and delivery of it to the officer for service,
23 the officer shall make a written return to the county tax
24 collector to this effect. Thereafter, the county tax collector
25 may certify that the warrant has been issued and that service
26 has not been had upon the defendant and further certify the
27 amount of the worthless check or draft and the amount of court
28 costs expended by the county tax collector, and the county tax
29 collector may file the certificate with the Department of
30 Highway Safety and Motor Vehicles relative to motor vehicles
31 and airplanes, with the Department of Environmental Protection
17
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 relative to boats, with the Department of Revenue relative to
2 occupational licenses and the sales and use tax, with the
3 Division of Alcoholic Beverages and Tobacco of the Department
4 of Business and Professional Regulation relative to beverage
5 licenses, or with the Game and Fresh Water Fish Commission
6 relative to hunting and fishing licenses, together with a
7 request that the sums of money so certified be forthwith
8 refunded by the Department of Highway Safety and Motor
9 Vehicles, the Department of Environmental Protection, the
10 Department of Revenue, the Division of Alcoholic Beverages and
11 Tobacco of the Department of Business and Professional
12 Regulation, or the Game and Fresh Water Fish Commission to the
13 county tax collector, and within 30 days after receipt of the
14 request, the Department of Highway Safety and Motor Vehicles,
15 the Department of Environmental Protection, the Department of
16 Revenue, the Division of Alcoholic Beverages and Tobacco of
17 the Department of Business and Professional Regulation, or the
18 Game and Fresh Water Fish Commission, upon being satisfied as
19 to the correctness of the certificate, shall refund the sums
20 of money so certified to the county tax collector.
21 Section 17. Subsection (82) is added to section
22 316.003, Florida Statutes, to read:
23 316.003 Definitions.--The following words and phrases,
24 when used in this chapter, shall have the meanings
25 respectively ascribed to them in this section, except where
26 the context otherwise requires:
27 (82) "Neighborhood vehicle" means a type of golf cart
28 that is a self-propelled, electrically powered motor vehicle,
29 which is emission free, designed to be and is operated at
30 speeds of 25 miles per hour or less, has at least four wheels
31 in contact with the ground, has an unloaded weight of less
18
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 than 1,800 pounds, and is equipped with efficient brakes,
2 headlights, brakelights, turnsignals, windshield, rear view
3 mirrors, and safety belts.
4 Section 18. Subsection (5) is added to section
5 316.091, Florida Statutes, to read:
6 316.091 Limited access facilities; interstate
7 highways; use restricted.--
8 (5) A person may drive a commercial motor vehicle
9 having a gross vehicle weight of 26,001 pounds or more or 3
10 axles or more, or a combination of vehicles weighing 26,001
11 pounds or more, upon any limited access facility with six or
12 more lanes only in the two right through lanes, except when
13 exiting the facility. However, in congested urban areas the
14 Department of Transportation may allow commercial motor
15 vehicles to operate in additional lanes when necessary for the
16 safe flow of traffic.
17 Section 19. Subsection (6) of section 316.1967,
18 Florida Statutes, is amended to read:
19 (6) Any county or municipality may provide by
20 ordinance that the clerk of the court or traffic bureau shall
21 supply the department with a magnetically encoded computer
22 tape reel or cartridge or send by other electronic means data
23 which is machine readable by the installed computer system at
24 the department, listing persons who have two three or more
25 outstanding parking violations, including violations of s.
26 316.1955. Each county shall provide by ordinance that the
27 clerk of the court or the traffic violations bureau shall
28 supply the department with a magnetically encoded computer
29 tape reel or cartridge or send by other electronic means data
30 that is machine readable by the installed computer system at
31 the department, listing persons who have outstanding
19
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 violations of s. 316.1955 or similar ordinance that regulates
2 parking in spaces designated for use by persons who have
3 disabilities. The department shall mark the appropriate
4 registration record of persons who are so reported. Section
5 320.03(8) applies to each person whose name appears on the
6 list.
7 Section 20. Subsection (42) is added to section
8 320.01, Florida Statutes, to read:
9 320.01 Definitions, general.--As used in the Florida
10 Statutes, except as otherwise provided, the term:
11 For purposes of this chapter, "agricultural products"
12 means any food product; any agricultural, horticultural, or
13 livestock product; any raw material used in plant food
14 formulation; or any plant food used to produce food and fiber.
15 Section 21. Paragraph (a) of subsection (1) of section
16 320.04, Florida Statutes, is amended to read:
17 320.04 Registration service charge.--
18 (1)(a) There shall be a service charge of $2.50 for
19 each application which is handled in connection with original
20 issuance, duplicate issuance, or transfer of any license
21 plate, mobile home sticker, or validation sticker or with
22 transfer or duplicate issuance of any registration
23 certificate. There may also be a service charge of up to $1
24 for the issuance of each license plate validation sticker and
25 mobile home sticker issued from an automated vending facility
26 or printer dispenser machine which shall be payable to and
27 retained by the department to provide for automated vending
28 facilities or printer dispenser machines used to dispense such
29 stickers by in each tax collector's or license tag agent's
30 employee office.
31 Section 22. Subsections (2) and (7) of section
20
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 320.055, Florida Statutes, are amended to read:
2 320.055 Registration periods; renewal periods.--The
3 following registration periods and renewal periods are
4 established:
5 (2) For a vehicle subject to registration under s.
6 320.08(11), the registration period begins January 1 and ends
7 December 31. For a vehicle subject to this registration
8 period, the renewal period is the 31-day period prior to
9 expiration beginning January 1..
10 (7) For those vehicles subject to registration under
11 s. 320.0657, the department shall implement a system that
12 distributes the registration renewal process throughout the
13 year For a vehicle subject to registration under s. 320.065,
14 the registration period begins December 1 and ends November
15 30. For a vehicle subject to this registration period, the
16 renewal period is the 31-day period beginning December 1.
17 Section 23. Section 320.065, Florida Statutes, is
18 repealed.
19 Section 24. Section 320.0657, Florida Statutes, is
20 amended to read:
21 320.0657 Permanent registration; fleet license
22 plates.--
23 (1) For purposes of this section, the term "fleet"
24 means nonapportioned motor vehicles owned or leased by a
25 company and used for business purposes. Vehicle numbers
26 comprising a "fleet" shall be established by the Department of
27 Highway Safety and Motor Vehicles. Vehicles registered as
28 short-term rental vehicles are excluded from the provisions of
29 this section.
30 (2)(a) The owner or lessee of a fleet of motor
31 vehicles shall, upon application in the manner and at the time
21
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 prescribed and upon approval by the department and payment of
2 the license tax prescribed under s. 320.08(2), (3), (4),
3 (5)(a) and (b), (6)(a), (7), and (8), be issued permanent
4 fleet license plates. All vehicles with a fleet license plate
5 shall have the company's name or logo and unit number
6 displayed so that they are readily identifiable. The
7 provisions of s. 320.0605 do not apply to vehicles registered
8 in accordance with this section, and no annual validation
9 sticker is required.
10 (a) The owner or lessee of 250 or more nonapportioned
11 commercial motor vehicles licensed under s. 320.08(2), (3),
12 (4), (5)(a)1. and (b), and (7), who has posted a bond as
13 prescribed by department rules, may apply via magnetically
14 encoded computer tape reel or cartridge which is machine
15 readable by the installed computer system at the department
16 for permanent license plates. All vehicles with a fleet
17 license plate shall have the company's name or logo and unit
18 number displayed so that they are readily identifiable. The
19 provisions of s. 320.0605 shall not apply to vehicles
20 registered in accordance with this section, and no annual
21 validation sticker is required.
22 (b) The plates, which shall be of a distinctive color,
23 shall have the word "Fleet" appearing at the bottom and the
24 word "Florida" appearing at the top. The plates shall conform
25 in all respects to the provisions of this chapter, except as
26 specified herein.
27 (c) In addition to the license tax prescribed by s.
28 320.08(2), (3), (4), (5)(a) and (b), (6)(a), (7), and (8), an
29 annual fleet management fee of $2 shall be charged. A
30 one-time license plate manufacturing fee of $1.50 shall be
31 charged for plates issued for the established number of
22
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 vehicles in the fleet. If the size of the fleet is increased,
2 a $10-per-vehicle issuance fee will be charged to include the
3 license plate manufacturing fee. If the license plate
4 manufacturing cost increases, the department shall increase
5 the license-plate manufacturing fee to recoup its cost. Fees
6 collected shall be deposited into the Highway Safety Operating
7 Trust Fund. Payment of registration license tax and fees
8 shall be made annually and be evidenced only by the issuance
9 of a single receipt by the department. The provisions of s.
10 320.0605 do not apply to vehicles registered in accordance
11 with this section, and no annual validation sticker is
12 required.
13 (c) In addition to the license tax prescribed by s.
14 320.08(2), (3), (4), (5)(a)1. and (b), and (7), an annual fee
15 of $6 shall be charged for each vehicle registered hereunder.
16 Of this $6 fee, $2.50 shall be retained as a service charge by
17 the tax collector, if the registration occurs at such office,
18 or by the department, if the registration occurs at offices of
19 the department. Receipts from the $6 fee not retained by tax
20 collectors shall be deposited into the Highway Safety
21 Operating Trust Fund. Payment of registration license tax and
22 fees shall be made annually and be evidenced only by the
23 issuance of a single receipt by the department. Half-year
24 registrations shall not be available for vehicles registered
25 in accordance with the provisions of this section. The
26 provision of s. 320.06(1)(b) shall not apply to the fleet
27 renewal process.
28 (2) All recipients of permanent license plates
29 authorized by this section shall submit an annual audit as
30 prescribed by rule of the department. Such audit shall include
31 a percentage of the vehicles registered by each owner or
23
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 lessee, not to exceed 10 percent. The department shall
2 randomly select the vehicles to be audited and shall forward a
3 listing of said vehicles only to the office of the auditor
4 performing the audit. Every attempt shall be made to provide
5 for groupings of vehicles based in the same location; however,
6 the location shall change from year to year. The audit shall
7 be prepared by a certified public accountant licensed under
8 chapter 473, at the recipient's expense, and shall be
9 performed to standards prescribed by the department. Such
10 audits shall be delivered to the department on or before
11 February 15 of each calendar year. Any fees or taxes which the
12 audit determines are due the department shall be submitted to
13 the department along with such audit. In addition, any company
14 found to be habitually abusing the privileges afforded by
15 permanent licensure shall forfeit the bond required in
16 subsection (1), and may be required by the department to
17 relinquish all permanent license plates, and not be eligible
18 to continue to participate in the program.
19 (3) The department is authorized to adopt such rules
20 as necessary to comply with this section.
21 (4) If a recipient of fleet license plates fails to
22 properly and timely renew or initially register vehicles in
23 its fleet, the department may impose a delinquency penalty of
24 $50 or 10 percent of the delinquent taxes due, whichever is
25 greater, if the failure is for not more than 30 days, with an
26 additional 10 percent penalty for each additional 30 days, or
27 fraction thereof, during the time the failure continues, not
28 to exceed a total penalty of 100 percent in the aggregate.
29 However, the penalty may not be less than $50.
30 (5) All recipients of fleet license plates authorized
31 by this section must provide the department with an annual
24
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 vehicle reconciliation and must annually surrender all
2 unassigned license plates. Failure to comply may result in
3 fines of up to $1,000 for each occurrence or in suspension or
4 termination from the fleet program.
5 Section 25. Section 331.304, Florida Statutes, is
6 amended to read:
7 331.304 Spaceport territory.--The following property
8 shall constitute spaceport territory:
9 (1) Certain real property located in Brevard County
10 that is included within the 1997 boundaries of Patrick Air
11 Force Base, Cape Canaveral Air Station, John F. Kennedy Space
12 Center with the following boundaries:
13 (a) Northern boundary--Latitude 28°32'30" North.
14 (b) Eastern boundary--The mean high water line of the
15 shore along the Atlantic Ocean.
16 (c) Western boundary--Cape Road (State Road 401).
17 (d) Southern boundary--Latitude 28°26' North.
18 (2) Certain real property located in Gulf County with
19 the following boundaries:
20 (a) Northern boundary--Latitude 29°40'45" North from
21 longitude 85°20' West in a westerly direction to the mean high
22 water line of the Gulf of Mexico.
23 (b) Eastern boundary--Longitude 85°20' West.
24 (c) Western boundary--The mean high water line of the
25 shore along the Gulf of Mexico.
26 (d) Southern boundary--The mean high water line of the
27 shore along the Gulf of Mexico.
28 (3) Certain real property located in Santa Rosa,
29 Okaloosa, and Walton Counties that is included within the 1997
30 boundaries of Eglin Air Force Base.
31 Section 26. Subsection (6) of section 322.28, Florida
25
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 Statutes, is amended to read:
2 322.28 Period of suspension or revocation.--
3 (6) No court shall stay the administrative suspension
4 of a driving privilege under s. 322.2615 or s. 322.2616 shall
5 be stayed upon a request for during judicial review of the
6 departmental order that resulted in such suspension and,
7 except as provided in former s. 322.261, no suspension or
8 revocation of a driving privilege shall be stayed upon an
9 appeal of the conviction or order that resulted therein.
10 Section 27. Present subsections (15) through (30) of
11 section 334.044, Florida Statutes, are renumbered as
12 subsections (16) through (31), respectively, and a new
13 subsection (15) is added to that section, to read:
14 334.044 Department; powers and duties.--The department
15 shall have the following general powers and duties:
16 (15) To regulate and prescribe conditions for the
17 transfer of stormwater to the state right-of-way as a result
18 of man-made changes to adjacent properties.
19 (a) Such regulation shall be through a permitting
20 process designed to ensure the safety and integrity of the
21 Department of Transportation facilities and to prevent an
22 unreasonable burden on lower properties.
23 (b) The department is specifically authorized to adopt
24 rules which set forth the purpose, necessary definitions,
25 permit exceptions, permit and assurance requirements, permit
26 application procedures, permit forms, general conditions for a
27 drainage permit, provisions for suspension or revocation of a
28 permit, and provisions for department recovery of fines,
29 penalties and costs incurred due to permittee actions. In
30 order to avoid duplication and overlap with other units of
31 government, the department shall accept a surface water
26
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 management permit issued by a water management district, the
2 Department of Environmental Protection, a surface water
3 management permit issued by a delegated local government or a
4 permit issued pursuant to an approved Stormwater Management
5 Plan or Master Drainage Plan; provided issuance is based on
6 requirements equal to or more stringent than those of the
7 department.
8 Section 28. Subsection (15) of section 334.044,
9 Florida Statutes, as created by section 1 of Committee
10 Substitute for Senate Bill 846 as enacted by the Legislature
11 during 1998 Regular Session is repealed.
12 Section 29. Subsection (1) of section 14 of chapter
13 96-423, Laws of Florida, is amended to read:
14 Section 14. (1) Notwithstanding chapter 253, Florida
15 Statutes, or chapter 270, Florida Statutes, the Department of
16 Transportation, on behalf of the Board of Trustees of the
17 Internal Improvement Trust Fund, may sell the state real
18 property located at 5200 East Colonial Drive, Orlando,
19 Florida, which is utilized by the Department of Highway Safety
20 and Motor Vehicles. Any such sale shall be at fair market
21 value. Proceeds from the sale shall be deposited in the State
22 Transportation Trust Fund. or the existing lease between the
23 Board of Trustees of the Internal Improvement Trust Fund and
24 the Department of Business and Professional Regulation for use
25 of the regional service center located at 133 South Semoran
26 Boulevard, Orlando, Florida, the department, with the
27 technical assistance and staff support of the Department of
28 Management Services, may sell the regional service center.
29 Proceeds from the sale shall be deposited in the Professional
30 Regulation Trust Fund and distributed to the accounts of the
31 professions, based on each profession's pro rata share of the
27
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 costs of the original purchase and renovation of the real
2 estate. The Board of Trustees of the Internal Improvement
3 Trust Fund shall execute and deliver a deed of conveyance for
4 the purpose of carrying into effect a contract or agreement of
5 sale.
6 Section 30. In the event additional federal funds are
7 received through reauthorization of the Federal Intermodal
8 Surface Transportation Efficiency Act, the department shall
9 apply $4.6 million to the Winchester and Englewood Corridor
10 projects, provided such use of transportation funds is
11 endorsed by the Charlotte and Sarasota/Manatee Metropolitan
12 Planning Organization. Prior to receiving any new federal
13 funds, the department shall allocate $1 million to the
14 Winchester and Englewood Corridor projects as an advance on
15 the $4.6 million of additional federal funds to be applied to
16 the projects.
17 Section 31. An amount not to exceed $78,000 of the
18 funds included in appropriation item 1916C of chapter 94-357,
19 Laws of Florida may be used to purchase land at the Florida
20 Highway Patrol station in Cross City and Dixie County.
21 Section 32. A new subsection (6) is added to section
22 206.46, Florida Statutes, to read:
23 (6) $1.5 million per year shall be transferred to the
24 Board of Regents and shall be spent solely for purposes of s.
25 334.065. Except for projects mandated by law, state-funded
26 base projects shall not be undertaken without approval of the
27 advisory board. The membership of the board shall consist of
28 nine experts in transportation-related areas, including the
29 secretaries of the Florida Departments of Transportation,
30 Community Affairs, and Environmental Protection, or their
31 designees, and a member of the Florida Transportation
28
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 Commission.
2 Section 33. The Clean Fuel Florida Task Force.--
3 (1) The Clean Fuel Florida Task Force is hereby
4 established under the Florida Department of Community Affairs
5 (DCA) to study the implementation of alternative fuel and
6 cleaner burning fuel vehicles and to formulate recommendations
7 on expanding the use of alternative fuel and cleaner burning
8 fuel vehicles in Florida. The Task Force will be staffed by
9 the DCA which will be reimbursed for reasonable costs and
10 expenses in support of Task Force activities and as determined
11 by the Task Force.
12 (2) Within 30 days after the effective date of this
13 legislation, the Secretary of the Florida Department of
14 Community Affairs shall appoint members of the Task Force.
15 The Task Force shall consist of one representative from each
16 of the following:
17 (a) Secretary or Designee from the Florida Department
18 of Community Affairs;
19 (b) Secretary or Designee from the Florida Department
20 of Environmental Protection;
21 (c) Secretary or Designee from the Florida Department
22 of Education;
23 (d) Secretary or Designee from the Florida Department
24 of Transportation;
25 (e) Secretary or Designee from the Florida Department
26 of Agriculture;
27 (f) Florida biodiesel industry;
28 (g) Florida electric vehicle industry;
29 (h) Florida natural gas industry;
30 (i) Florida propane gas industry;
31 (j) Florida Suncoast, Gold Coast or Space Coast Clean
29
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 City Coalition;
2 (k) Enterprise Florida;
3 (l) Florida Alliance for Clean Technology;
4 (m) Florida Petroleum Marketers Association;
5 (n) Florida Petroleum Council;
6 (o) Florida Association of Counties;
7 (p) Florida League of Cities.
8 (3) Task Force members shall receive no compensation
9 or honorarium for their services, but will be reimbursed for
10 travel expenses in accordance with policy set forth by this
11 Task Force.
12 (4) The Task Force shall hold its first meeting within
13 30 days of membership appointment. Within 90 days of their
14 first meeting, Task Force members shall make recommendations
15 to DCA for establishing and implementing pilot programs in
16 Florida that provide experience and support the best use
17 expansion of the alternative fuel and cleaner burning fuel
18 vehicles industry in Florida. Recommendations shall include,
19 but not be limited to, formulas for distribution, reporting
20 mechanisms, and public education. In conjunction with DCA, the
21 Task Force will develop, implement, and continually monitor
22 the pilot programs.
23 (5) In addition to the pilot programs, the Task Force
24 shall assess federal, state, and local initiatives to identify
25 incentives that encourage successful alternative fuel and
26 cleaner burning fuel vehicles, and identify what barriers now
27 exist. These recommendations will provide guidance on the
28 best use of state and other resources to expand the
29 alternative fuel and cleaner burning fuel vehicles market in
30 Florida and maximize the return on that investment in terms of
31 job creation, economic development, and mobile source
30
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 emissions reduction.
2 (6) As used in this section, the term:
3 (a) "Alternative fuels" and "cleaner burning fuels"
4 means fuels that are intended for use in transportation
5 vehicles, including electricity, biodiesel, natural gas,
6 propane, reformulated fuel, and any other cleaner burning fuel
7 that is designated by the United States Environmental
8 Protection Agency for use in transportation vehicles.
9 (b) "Alternative fuel vehicles" also referred to as
10 "AFV's" include on-and-off-road transportation vehicles,
11 light-duty, medium-duty, or heavy-duty which are powered by an
12 alternative fuel or a combination of alternative fuels or as
13 revised in the future by DCA in partnership with the Task
14 Force.
15 Section 34. Paragraph (b) of subsection (4) of section
16 320.06, Florida Statutes is amended to read:
17 320.06 Registration certificates, license plates, and
18 validation stickers generally.--
19 (4)
20 (b) For the purposes of authorizing the corporation
21 organized pursuant to chapter 946 to manufacture license
22 plates and validation stickers, as well as temporary tags,
23 disabled hang tags, vessel decals, and fuel use decals, for
24 the Department of Highway Safety and Motor Vehicles. as
25 provided in this chapter, The reference to the Department of
26 Corrections in paragraph (a) means the Department of
27 Corrections or the corporation organized pursuant to chapter
28 946, and the Department of Highway Safety and Motor Vehicles
29 is not required to obtain competitive bids in order to
30 contract with such corporation.
31 Section 35. Effective January 1, 1999, section
31
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 73.0511, Florida Statutes, is amended to read:
2 73.0511 Prelitigation notice and offer of full
3 compensation.--Before an eminent domain action is initiated
4 under chapter 73 or chapter 74 Prior to instituting
5 litigation, the condemning authority shall notify the fee
6 owners appearing of record on the date the offer is made of
7 their statutory rights under s. 73.091 and shall make a
8 written offer of full compensation for the property to be
9 acquired and any damages to the remainder caused by the
10 taking, naming the fee owners to whom it is made. The notice
11 and written offer must be sent to the fee owners' last known
12 address listed on the county ad valorem tax roll. Notice to
13 one fee owner constitutes notice to all fee owners on
14 multiple-ownership property. This section may not be
15 interpreted as shifting the burden of proof of either the
16 condemning authority or fee owners at a valuation trial under
17 chapter 73 or chapter 74, as otherwise provided by law. The
18 governmental condemning authority is not required to give
19 notice to a person who acquires title to the property
20 subsequent to the notice required by this section.
21 Section 36. Effective July 1, 1998, for eminent domain
22 actions filed after July 1, 1998, subsection (2) of section
23 337.27, section 337.271, subsection (2) of section 348.0008,
24 subsection (2) of section 348.759, and subsection (2) of
25 section 348.957, Florida Statutes, are repealed.
26 Section 37. Subsection (6) is added to section 253.82,
27 Florida Statutes, to read:
28 253.82 Title of state or private owners to Murphy Act
29 lands.--
30 (6)(a) All reservations of easements on deeds by the
31 Board of Trustees of the Internal Improvement Trust Fund
32
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 conveying land acquired under chapter 18296, Laws of Florida,
2 1937, are hereby vested by operation of law, and without the
3 necessity of instruments of conveyance from the Board of
4 Trustees of the Internal Improvement Trust Fund, in the
5 governmental entity having right and title to the road to
6 which the reservations are adjacent. All reservations adjacent
7 to a road that was designated as a state road at the time of
8 the reservation, which road is currently held by the state,
9 are conveyed to the Department of Transportation. All
10 reservations adjacent to a road that was designated as a state
11 road at the time of the reservation, which road is located in
12 an unincorporated area of a county or owned by the county
13 within any incorporated area, are conveyed to the respective
14 county. All other reservations within an incorporated area
15 adjacent to a road that was designated as a state road at the
16 time of the reservation, which reservations are not otherwise
17 conveyed to the state or the county, are conveyed to the
18 incorporated area. The conveyance includes all right, title,
19 and interest in the reservation held by the Board of Trustees
20 of the Internal Improvement Trust Fund.
21 (b) Every entity that holds title to Murphy Act
22 reservations must establish a procedure for reviewing any deed
23 that contains a reservation when a review is requested or a
24 road project is anticipated. The review process must provide
25 for:
26 1. A determination of whether the language of the deed
27 created a reservation at the time of the original conveyance.
28 2. A review of any release of the reservation provided
29 by the property owner.
30 3. The recording of a notice of the nonexistence of a
31 reservation if reservation language in the deed does not
33
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 impact the property.
2 4. A determination of whether any or all of the
3 reservation may be released, and a form for recording the
4 release.
5 5. A process to allow for review through mediation if
6 requested by the property owner or through binding arbitration
7 pursuant to chapter 44.
8
9 Any fee charged may not exceed the actual cost to review the
10 deed, perform an appeal, and pay any recording expenses. Any
11 such fee may not exceed $300.
12 (c)1. Any owner of property encumbered by a Murphy Act
13 road reservation who has been denied a release of all or part
14 of the reservation or who has received notice of a
15 governmental entity's intent to preserve the reservation under
16 s. 712.05 may appeal to the entity and show that the
17 reservation substantially denies the property owner the
18 current economic use of the property held by the owner. For
19 purposes of this determination, the term "current economic
20 use" means the use of the property on the date notice of the
21 easement is filed under s. 712.05.
22 2. Upon a determination by the governmental entity
23 that the reservation substantially denies the property owner
24 the current economic use of the property held by the owner,
25 the governmental entity must purchase the real property and
26 improvements not retained by the property owner in fee simple
27 title or release all or part of the reservation as necessary
28 to allow for beneficial use of the property.
29 3. If the governmental entity and property owner are
30 unable to agree as to whether the reservation substantially
31 denies the current economic use of the property or as to the
34
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 purchase price, the property owner may request mediation or
2 binding arbitration under chapter 44 to resolve these issues.
3 4. Before the payment of any compensation, the
4 property owner must provide the governmental entity copies of
5 any title insurance policies and notice of any compensation
6 received from a title company related to the easement.
7 (7) The process for release of any road reservation
8 covered by this section or payment for property impacted by
9 the use of a reservation covered by this section must be
10 solely in accordance with this section. Any action for the
11 taking of property related to road construction is separate
12 and distinct from an action under this section.
13 (8) The governmental entity is not liable for
14 attorney's fees or costs incurred by the owner in establishing
15 the impact of the road reservation on the property.
16 Section 38. Section 712.04, Florida Statutes, is
17 amended to read:
18 712.04 Interests extinguished by marketable record
19 title.--Subject to the matters stated in s. 712.03, such
20 marketable record title shall be free and clear of all
21 estates, interests, claims, or charges whatsoever, the
22 existence of which depends upon any act, title transaction,
23 event or omission that occurred prior to the effective date of
24 the root of title. All such estates, interests, claims, or
25 charges, however denominated, whether such estates, interests,
26 claims, or charges are or appear to be held or asserted by a
27 person sui juris or under a disability, whether such person is
28 within or without the state, whether such person is natural or
29 corporate, or is private or governmental, are hereby declared
30 to be null and void, except that this chapter shall not be
31 deemed to affect any right, title, or interest of the United
35
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 States, Florida, or any of its officers, boards, commissions,
2 or other agencies reserved in the patent or deed by which the
3 United States, Florida, or any of its agencies parted with
4 title. However, all reservations of easements in deeds by the
5 Trustees of the Internal Improvement Trust Fund conveying land
6 acquired under chapter 18296, Laws of Florida, 1937, shall be
7 extinguished by the Marketable Record Title Act on July 1,
8 2001, subject to the provisions of s. 712.03, and further
9 subject to the right of any governmental entity that holds
10 title to the reservations to preserve such reservations as are
11 necessary for future transportation projects in adopted
12 transportation plans by filing notice under s. 712.05 before
13 July 1, 2001.
14 Section 39. Subsection (3) is added to section 712.05,
15 Florida Statutes, to read:
16 712.05 Effect of filing notice.--
17 (3) Any governmental entity that claims a road
18 reservation pursuant to a deed conveyed under the Murphy Act
19 may preserve the reservation or any portion thereof necessary
20 for future transportation projects in adopted transportation
21 plans and protect the reservation from extinguishment by the
22 operation of this chapter by filing for record, prior to July
23 1, 2001, a notice, in writing, in accordance with the
24 provisions of this chapter. The notice preserves the
25 reservation or portion thereof for 10 years following the date
26 of record if the reservation is used or identified by the
27 governmental entity in the final design plans of a road
28 project scheduled for construction to begin before the end of
29 the 10-year period. Any reservation used or identified in the
30 final design plans of a road project scheduled for
31 construction to begin before the end of the 10-year period is
36
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 not extinguished.
2 Section 40. The Legislature finds that balancing
3 property and business interests of private citizens and
4 governmental entities is an important function of the
5 Legislature. Likewise, the Legislature finds that, in the
6 balancing of those interests, prelitigation offers of
7 compensation assist in reducing the costs of acquisition; that
8 an entire lot, block, or tract of land should be acquired only
9 when the public purpose and necessity are related to the
10 engineering needs of a project and not the saving of
11 acquisition costs to the detriment of business owners; that
12 orderly procedures for the transference of deeds under the
13 Murphy Act should be established to save administrative costs;
14 that provision should be made for the underlying fee owner to
15 be eligible for compensation for the denial of economic use
16 caused by the exercise of a reservation pursuant to deeds
17 under the Murphy Act. Therefore, the Legislature finds that
18 this act fulfills an important state interest.
19 Section 41. Employees of an Off Street Parking
20 Authority of a city of 2,000,000 or more residents are
21 prohibited from ordering the towing of any vehicle but may
22 request the assistance of a law enforcement officer where an
23 authority employee determines that a vehicle is illegally
24 parked and should be removed.
25 Section 42. Subsection (5) is added to section
26 320.0715, Florida Statutes, to read:
27 320.0715 International Registration Plan; motor
28 carrier services; permits; retention of records.--
29 (5) The provisions of this section do not apply to any
30 commercial motor vehicle domiciled in a foreign state that
31 enters this state solely for the purpose of bringing a
37
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 commercial vehicle in for repairs, or picking up a newly
2 purchased commercial vehicle, so long as the commercial motor
3 vehicle is operated by its owner and is not hauling a load.
4 Section 43. Section 373.4137, Florida Statutes, is
5 amended to read:
6 373.4137 Mitigation requirements.--
7 (1) The Legislature finds that environmental
8 mitigation for the impact of transportation projects proposed
9 by the Department of Transportation can be more effectively
10 achieved by regional, long-range mitigation planning rather
11 than on a project-by-project basis. It is the intent of the
12 Legislature that mitigation to offset the adverse effects of
13 these transportation projects be funded by the Department of
14 Transportation and be carried out by the Department of
15 Environmental Protection and the water management districts,
16 including the use of mitigation banks established pursuant to
17 this part.
18 (2) Environmental impact inventories for
19 transportation projects proposed by the Department of
20 Transportation shall be developed as follows:
21 (a) Each June 1 Beginning July 1996, the Department of
22 Transportation shall submit annually to the Department of
23 Environmental Protection and the water management districts a
24 copy of its adopted work program and an inventory of habitats
25 addressed in the rules adopted pursuant to this part and s.
26 404 of the Clean Water Act, 33 U.S.C. s. 1344, which may be
27 impacted by its plan of construction for transportation
28 projects in the next first 3 years of the adopted work
29 program. The Department of Transportation may also include in
30 its inventory the habitat impacts of any future transportation
31 project identified in the adopted work program. For the July
38
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 1996 submittal, The inventory may exclude those projects which
2 have received permits pursuant to this part and s. 404 of the
3 Clean Water Act, 33 U.S.C. s. 1344, projects for which
4 mitigation planning or design has commenced, or projects for
5 which mitigation has been implemented in anticipation of
6 future permitting needs.
7 (b) The environmental impact inventory shall include a
8 description of these habitat impacts, including their
9 location, acreage, and type; state water quality
10 classification of impacted wetlands and other surface waters;
11 any other state or regional designations for these habitats;
12 and a survey of threatened species, endangered species, and
13 species of special concern affected by the proposed project.
14 (3) To fund the mitigation plan for the projected
15 impacts identified in the inventory described in subsection
16 (2), beginning July 1, 1997, the Department of Transportation
17 shall identify funds quarterly in an escrow account within the
18 State Transportation Trust Fund established by the Department
19 of Transportation for the benefit of the Department of
20 Environmental Protection. Any interest earnings from the
21 escrow account shall be returned to the Department of
22 Transportation. The Department of Environmental Protection
23 shall request a transfer of funds from the escrow account to
24 the Ecosystem Management and Restoration Trust Fund no sooner
25 than 30 days prior to the date the funds are needed to pay for
26 activities contained in the mitigation programs. The amount
27 transferred each year by the Department of Transportation
28 shall correspond to a cost per acre of $75,000 multiplied by
29 the projected acres of impact identified in the inventory
30 described in subsection (2) within the water management
31 district for that year. The water management district may
39
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 draw from the trust fund no sooner than 30 days prior to the
2 date funds are needed to pay for activities associated with
3 development or implementation of the mitigation plan described
4 in subsection (4). Activities associated with the development
5 of the mitigation plan include, but are not limited to,
6 design, engineering, production, and staff support. Each July
7 1, beginning in 1998, the cost per acre shall be adjusted by
8 the percentage change in the average of the Consumer Price
9 Index issued by the United States Department of Labor for the
10 most recent 12-month period ending September 30, compared to
11 the base year average, which is the average for the 12-month
12 period ending September 30, 1996. At the end of each year,
13 the projected acreage of impact shall be reconciled with the
14 acreage of impact of projects as permitted pursuant to this
15 part and s. 404 of the Clean Water Act, 33 U.S.C. s. 1344, and
16 the following year's transfer of funds shall be adjusted
17 accordingly to reflect the overtransfer or undertransfer of
18 funds from the preceding year. The Department of Environmental
19 Protection is authorized to transfer such funds from the
20 Ecosystem Management and Restoration Trust Fund to the water
21 management districts to carry out the mitigation programs.
22 (4) Prior to December 1 of each year 31, 1996, each
23 water management district, in consultation with the Department
24 of Environmental Protection, the United States Army Corps of
25 Engineers, and other appropriate federal, state, and local
26 governments, and entities operating mitigation banks which
27 have obtained a permit pursuant to s. 373.4136, shall develop
28 a plan for the primary purpose of complying with the
29 mitigation requirements adopted pursuant to this part and 33
30 U.S.C. s. 1344. This plan shall also address significant
31 aquatic and exotic plant problems within wetlands and other
40
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 surface waters. In developing such plans, the districts shall
2 utilize sound ecosystem management practices to address
3 significant water resource needs and shall focus on activities
4 of the department and the water management districts, such as
5 surface water improvement and management projects and lands
6 identified for potential acquisition or restoration, to the
7 extent such activities comply with the mitigation requirements
8 adopted under this part and 33 U.S.C. s. 1344. In determining
9 the activities to be included in such plans, the districts
10 shall also consider the purchase of credits from public or
11 private mitigation banks permitted under this part and shall
12 include such purchase as a part of the mitigation plan when
13 such purchase would offset the impact of the transportation
14 project, provide equal benefits to the water resources than
15 other mitigation options being considered, and provide the
16 most cost-effective mitigation option. The mitigation plan
17 shall be preliminarily approved by the water management
18 district governing board and shall be submitted to the
19 secretary of the Department of Environmental Protection for
20 review and final approval. The preliminary approval by the
21 water management district governing board does not constitute
22 a decision that affects substantial interests as provided by
23 s. 120.569. At least 30 days prior to preliminary approval,
24 the water management district shall provide a copy of the
25 draft mitigation plan to any person who has requested a copy.
26 (a) Each mitigation plan shall include a brief
27 explanation of why a mitigation bank was or was not chosen as
28 a mitigation option for each transportation project addressed
29 in the plan, including an estimation and description of
30 identifiable costs of the mitigation bank and nonmitigation
31 bank option to the extent practicable.
41
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 (b)(a) If the Department of Environmental Protection
2 and water management districts are unable to identify
3 mitigation that would offset the impacts of a project included
4 in the inventory, either due to the nature of the impact or
5 the amount of funds available, that project shall not be
6 addressed in the mitigation plan and the project shall not be
7 subject to the provisions of this section.
8 (c)(b) Specific projects may be excluded from the
9 environmental impact inventory and the mitigation plan and
10 shall not be subject to this section upon the agreement of the
11 Department of Transportation, the Department of Environmental
12 Protection, and the appropriate water management district that
13 the inclusion of such projects would hamper the efficiency or
14 timeliness of the mitigation planning and permitting process.
15 (d)(c) Those transportation projects that are proposed
16 to commence in fiscal year 1996-1997 shall not be addressed in
17 the mitigation plan, and the provisions of subsection (7)
18 shall not apply to these projects. The Department of
19 Transportation may enter into interagency agreements with the
20 Department of Environmental Protection or any water management
21 district to perform mitigation planning and implementation for
22 these projects.
23 (e) Surface water improvement and management or
24 aquatic or exotic plant control projects undertaken using the
25 $12 million advance transferred from the Department of
26 Transportation to the Department of Environmental Protection
27 in fiscal year 1996-1997 shall remain available for mitigation
28 until the $12 million is fully credited up to and including
29 fiscal year 2004-2005. When these projects are used as
30 mitigation, the $12 million advance shall be reduced by
31 $75,000 per acre of impact mitigated. For any fiscal year
42
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 through and including fiscal year 2004-2005, to the extent the
2 cost of developing and implementing the mitigation plans is
3 less than the amount transferred from the Department of
4 Transportation to the Department of Environmental Protection
5 pursuant to subsection (3), the difference shall be credited
6 towards the $12 million advance.
7 (d) On July 1, 1996, the Department of Transportation
8 shall transfer to the Department of Environmental Protection
9 $12 million from the State Transportation Trust Fund for the
10 purposes of the surface water improvement management program
11 and to address statewide aquatic and exotic plant problems
12 within wetlands and other surface waters. Such funds shall be
13 considered an advance upon funds that the Department of
14 Transportation would provide for statewide mitigation during
15 the 1997-1998, 1998-1999, and 1999-2000 fiscal years. This
16 use of mitigation funds for surface water improvement
17 management projects or aquatic and exotic plant control may be
18 utilized as mitigation for transportation projects to the
19 extent that it complies with the mitigation requirements
20 adopted pursuant to this part and 33 U.S.C. s. 1344. To the
21 extent that such activities result in mitigation credit for
22 projects permitted in fiscal year 1996-1997, all or part of
23 the $12 million funding for surface water improvement
24 management projects or aquatic and exotic plant control in
25 fiscal year 1996-1997 shall be drawn from Department of
26 Transportation mitigation funding for fiscal year 1996-1997
27 rather than from mitigation funding for fiscal years
28 1997-1998, 1998-1999, and 1999-2000, in an amount equal to the
29 cost per acre of impact described in subsection (3), times the
30 acreage of impact that is mitigated by such plant control
31 activities. Any part of the $12 million that does not result
43
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 in mitigation credit for projects permitted in fiscal year
2 1996-1997 shall remain available for mitigation credit during
3 fiscal years 1997-1998, 1998-1999, or 1999-2000.
4 (5) The water management district shall be responsible
5 for ensuring that mitigation requirements pursuant to 33
6 U.S.C. s. 1344 are met for the impacts identified in the
7 inventory described in subsection (2), by implementation of
8 the approved plan described in subsection (4) to the extent
9 funding is provided as funded by the Department of
10 Transportation. During the federal permitting process, the
11 water management district may deviate from the approved
12 mitigation plan in order to comply with federal permitting
13 requirements.
14 (6) The mitigation plan shall be updated annually to
15 reflect the most current Department of Transportation work
16 program, and may be amended throughout the year to anticipate
17 schedule changes or additional projects which may arise. Each
18 update and amendment of the mitigation plan shall be submitted
19 to the secretary of the Department of Environmental Protection
20 for approval as described in subsection (4). However, such
21 approval shall not be applicable to a deviation as described
22 in subsection (5).
23 (7) Upon approval by the secretary of the Department
24 of Environmental Protection, the mitigation plan shall be
25 deemed to satisfy the mitigation requirements under this part
26 and any other mitigation requirements imposed by local,
27 regional, and state agencies for impacts identified in the
28 inventory described in subsection (2). The approval of the
29 secretary shall authorize the activities proposed in the
30 mitigation plan, and no other state, regional, or local permit
31 or approval shall be necessary.
44
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 (8) This section shall not be construed to eliminate
2 the need for the Department of Transportation to comply with
3 the requirement to implement practicable design modifications,
4 including realignment of transportation projects, to reduce or
5 eliminate the impacts of its transportation projects on
6 wetlands and other surface waters as required by rules adopted
7 pursuant to this part, or to diminish the authority under this
8 part to regulate other impacts, including water quantity or
9 water quality impacts, or impacts regulated under this part
10 that are not identified in the inventory described in
11 subsection (2).
12 (9) The recommended mitigation plan shall be annually
13 submitted to the Executive Office of the Governor and the
14 Legislature through the legislative budget request of the
15 Department of Environmental Protection in accordance with
16 chapter 216. Any funds not directed to implement the
17 mitigation plan should, to the greatest extent possible, be
18 directed to fund aquatic and exotic plant problems within the
19 wetlands and other surface waters.
20 (10) By December 1, 1997, the Department of
21 Environmental Protection, in consultation with the water
22 management districts, shall submit a report to the Governor,
23 the President of the Senate, and the Speaker of the House of
24 Representatives describing the implementation of this section,
25 including the use of public and private mitigation banks and
26 other types of mitigation approved in the mitigation plan.
27 The report shall also recommend any amendments to this section
28 necessary to improve the process for developing and
29 implementing mitigation plans for the Department of
30 Transportation. The report shall also include a specific
31 section on how private and public mitigation banks are
45
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 utilized within the mitigation plans.
2 Section 44. Section 86 of chapter 93-213, Laws of
3 Florida, is amended to read:
4 Section 86. The Department of Environmental Regulation
5 is authorized 54 career service positions for administering
6 the state NPDES program. Twenty-five career service positions
7 are authorized for startup of the program beginning July 1,
8 1993, and the remaining 29 career service positions beginning
9 January 1, 1994. The state NPDES program staffing shall start
10 July 1, 1993, with completion targeted for 6 months following
11 United States Environmental Protection Agency authorization to
12 administer the National Pollutant Discharge Elimination System
13 program. Implementation of positions is subject to review and
14 final approval by the secretary of the Department of
15 Environmental Regulation. The sum of $3.2 million is hereby
16 appropriated from the Pollution Recovery Trust Fund to cover
17 program startup costs. Such funds are to be repaid from a
18 fund the Legislature deems appropriate, no later than July 1,
19 2000.
20 Section 45. Section 373.4139, Florida Statutes, is
21 created to read:
22 373.4139 Dade County Lake Belt Mitigation Plan;
23 mitigation for mining activities within the Dade County Lake
24 Belt.--
25 (1) The Legislature finds that the impact of mining
26 within the Dade County Lake Belt Area can best be offset by a
27 mitigation plan that is designated the "Lake Belt Mitigation
28 Plan." The per-ton mitigation fee assessed on limestone sold
29 from the Dade County Lake Belt Area shall be used for
30 acquiring environmentally sensitive lands and for restoration,
31 maintenance, and other environmental purposes. Further, the
46
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 Legislature finds that the public benefit of a sustainable
2 supply of limestone construction materials for public and
3 private projects requires a coordinated approach to permitting
4 activities on wetlands within the Dade County Lake Belt in
5 order to provide the certainty necessary to encourage
6 substantial and continued investment in the limestone
7 processing plant and equipment required to efficiently extract
8 the limestone resource. It is the intent of the Legislature
9 that the Lake Belt Mitigation Plan satisfy all local, state,
10 and federal requirements for mining activity within the Dade
11 County Lake Belt Area.
12 (2) To provide for the mitigation of wetland resources
13 lost to mining activities within the Dade County Lake Belt
14 Area, effective October 1, 1998, a mitigation fee is imposed
15 on each ton of limerock and sand extracted by any person who
16 engages in the business of extracting limerock or sand from
17 within the Dade County Lake Belt Area. The mitigation fee is
18 at the rate of 5 cents for each ton of limerock and sand sold
19 from within the Dade County Lake Belt Area in raw, processed,
20 or manufactured form, including, but not limited to, sized
21 aggregate, asphalt, cement, concrete, and other limerock and
22 concrete products. Any limerock or sand that is used within
23 the mine from which the limerock or sand is extracted is
24 exempt from the fee. The amount of the mitigation fee imposed
25 under this section must be stated separately on the invoice
26 provided to the purchaser of the limerock product from the
27 limerock miner, or its subsidiary or affiliate, for which the
28 mitigation fee applies. The limerock miner, or its subsidiary
29 or affiliate, who sells the limerock product shall collect the
30 mitigation fee and forward the proceeds of the fee to the
31 Department of Revenue on or before the 20th day of the month
47
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 following the calendar month in which the sale occurs.
2 (3) The mitigation fee imposed by this section must be
3 reported to the Department of Revenue. Payment of the
4 mitigation fee must be accompanied by a form prescribed by the
5 Department of Revenue. The proceeds of the fee, less
6 administrative costs, must be transferred by the Department of
7 Revenue to the South Florida Water Management District and
8 deposited into the Lake Belt Mitigation Trust Fund. As used in
9 this section, the term "proceeds of the fee" means all funds
10 collected and received by the Department of Revenue under this
11 section, including interest and penalties on delinquent
12 mitigation fees. The amount deducted for administrative costs
13 may not exceed 3 percent of the total revenues collected under
14 this section and may equal only those administrative costs
15 reasonably attributable to the mitigation fee.
16 (4)(a) The Department of Revenue shall administer,
17 collect, and enforce the mitigation fee authorized under this
18 section in accordance with the procedures used to administer,
19 collect, and enforce the general sales tax imposed under
20 chapter 212. The provisions of chapter 212, with respect to
21 the authority of the Department of Revenue to audit and make
22 assessments, the keeping of books and records, and the
23 interest and penalties imposed on delinquent fees apply to
24 this section. The fee may not be included in computing
25 estimated taxes under s. 212.11, and the dealer's credit for
26 collecting taxes or fees provided for in s. 212.12, does not
27 apply to the mitigation fee imposed by this section.
28 (b) In administering this section, the Department of
29 Revenue may employ persons and incur expenses for which funds
30 are appropriated by the Legislature. The Department of Revenue
31 shall adopt rules and prescribe and publish forms necessary to
48
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 administer this section. The Department of Revenue shall
2 establish audit procedures and may assess delinquent fees.
3 (5) Beginning January 1, 2000, and each January 1
4 thereafter, the per-ton mitigation fee shall be increased by
5 1.9 percentage points, plus a cost growth index. The cost
6 growth index shall be the percentage change in the weighted
7 average of the Employment Cost Index for All Civilian Workers
8 (ecu 10001I), issued by the United States Department of Labor
9 for the most recent 12-month period ending on September 30,
10 and the percentage change in the Producer Price Index for All
11 Commodities (WPU 00000000), issued by the United States
12 Department of Labor for the most recent 12-month period ending
13 on September 30, compared to the weighted average of these
14 indices for the previous year. The weighted average shall be
15 calculated as 0.6 times the percentage change in the
16 Employment Cost Index for All Civilian Workers (ecu 10001I),
17 plus 0.4 times the percentage change in the Producer Price
18 Index for All Commodities (WPU 00000000). If either index is
19 discontinued, it shall be replaced by its successor index, as
20 identified by the United States Department of Labor.
21 (6)(a) The proceeds of the mitigation fee must be used
22 to conduct mitigation activities that are appropriate to
23 offset the loss of the value and functions of wetlands as a
24 result of mining activities in the Dade County Lake Belt Area
25 and must be used in a manner consistent with the
26 recommendations contained in the reports submitted to the
27 Legislature by the Dade County Lake Belt Plan Implementation
28 Committee and adopted under s. 373.4149. Such mitigation may
29 include the purchase, enhancement, restoration, and management
30 of wetlands and uplands, the purchase of mitigation credit
31 from a permitted mitigation bank, and any structural
49
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 modifications to the existing drainage system to enhance the
2 hydrology of the Dade County Lake Belt Area. Funds may also be
3 used to reimburse other funding sources, including the Save
4 Our Rivers Land Acquisition Program and the Internal
5 Improvement Trust Fund, for the purchase of lands that were
6 acquired in areas appropriate for mitigation due to rock
7 mining and to reimburse governmental agencies that exchanged
8 land under s. 373.4149, for mitigation due to rock mining.
9 (b) Expenditures must be approved by an interagency
10 committee that consists of representatives from each of the
11 following: the Miami-Dade County Department of Environmental
12 Resource Management, the Department of Environmental
13 Protection, the South Florida Water Management District, and
14 the Game and Fresh Water Fish Commission. In addition, the
15 limerock mining industry shall select a representative to
16 serve as a nonvoting member of the interagency committee. At
17 the discretion of the committee, additional members may be
18 added to represent federal regulatory, environmental, and fish
19 and wildlife agencies.
20 (7) Payment of the fee imposed by this section
21 satisfies the mitigation requirements imposed under sections
22 373.403-373.439, Florida Statutes, and any applicable county
23 ordinance for loss of the value and functions of the wetlands
24 mined. In addition, it is the intent of the Legislature that
25 the payment of the mitigation fee imposed by this section
26 satisfy all federal mitigation requirements for the wetlands
27 mined.
28 (8) If a general permit by the United States Army
29 Corps of Engineers, or an appropriate long-term permit for
30 mining, consistent with the Dade County Lake Belt Plan, this
31 section, and s. 378.4115, 373.4149, and 373.4415, is not
50
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 issued on or before September 30, 2000, the fee imposed by
2 this section is suspended until reenacted by the Legislature.
3 (9)(a) The interagency committee established in this
4 section shall annually prepare and submit to the governing
5 board of the South Florida Water Management District a report
6 evaluating the mitigation costs and revenues generated by the
7 mitigation fee.
8 (b) No sooner than January 31, 2010, and no more
9 frequently than every 10 years thereafter, the interagency
10 committee shall submit to the Legislature a report
11 recommending any needed adjustments to the mitigation fee to
12 ensure that the revenue generated reflects the actual costs of
13 the mitigation.
14 Section 46. Subsections (5), (6), (10), (11), and (12)
15 of section 373.4149, Florida Statutes, are amended to read:
16 373.4149 Dade County Lake Belt Plan.--
17 (5) The committee shall develop Phase II of the Lake
18 Belt Plan which shall:
19 (a) Include a detailed master plan to further
20 implementation;
21 (b) Further address compatible land uses,
22 opportunities, and potential conflicts;
23 (c) Provide for additional wellfield protection;
24 (d) Provide measures to prevent the reclassification
25 of the Northwest Dade County wells as groundwater under the
26 direct influence of surface water;.
27 (e) Secure additional funding sources; and
28 (f) Consider the need to establish a land authority;
29 and.
30 (g) Analyze the hydrological impacts resulting from
31 the future mining included in the Lake Belt Plan and recommend
51
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 appropriate mitigation measures, if needed, to be incorporated
2 into the Lake Belt Mitigation Plan.
3 (6) The committee shall remain in effect until January
4 1, 2002 2001, and shall meet as deemed necessary by the chair.
5 The committee shall monitor and direct progress toward
6 developing and implementing the plan. The committee shall
7 submit progress reports to the governing board of the South
8 Florida Water Management District and the Legislature by
9 December 31 of each year. These reports shall include a
10 summary of the activities of the committee, updates on all
11 ongoing studies, any other relevant information gathered
12 during the calendar year, and the committee recommendations
13 for legislative and regulatory revisions. The committee shall
14 submit a Phase II report and plan to the governing board of
15 the South Florida Water Management District and the
16 Legislature by December 31, 2000, to supplement the Phase I
17 report submitted on February 28, 1997. The Phase II report
18 must include the detailed master plan for the Dade County Lake
19 Belt Area together with the final reports on all studies, the
20 final recommendations of the committee, the status of
21 implementation of Phase I recommendations and other relevant
22 information, and the committee's recommendation for
23 legislative and regulatory revisions.
24 (10) The Department of Environmental Protection, in
25 conjunction with the South Florida Water Management District
26 and the Dade County Department of Environmental Resources
27 Management, is directed to develop a comprehensive mitigation
28 plan for the Dade County Lake Belt Plan, subject to approval
29 by the Legislature, which offsets the loss of wetland
30 functions and values resulting from rock mining in
31 mining-supported and allowable areas.
52
6:04 PM 04/30/98 h4765.tr21.02
SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 (10)(11) The secretary of the Department of
2 Environmental Protection, the secretary of the Department of
3 Community Affairs, the secretary of the Department of
4 Transportation, the Commissioner of Agriculture, the executive
5 director of the Game and Freshwater Fish Commission, and the
6 executive director of the South Florida Water Management
7 District may enter into agreements with landowners,
8 developers, businesses, industries, individuals, and
9 governmental agencies as necessary to effectuate the
10 provisions of this section.
11 (11)(12)(a) All agencies of the state shall review the
12 status of their landholdings within the boundaries of the Dade
13 County Lake Belt. Those lands for which no present or future
14 use is identified must be made available, together with other
15 suitable lands, to the committee for its use in carrying out
16 the objectives of this act.
17 (b) It is the intent of the Legislature that lands
18 provided to the committee be used for land exchanges to
19 further the objectives of this act.
20 Section 47. Section 36, Township 53 South, Range 39
21 East, is excluded from the geographical area described as the
22 Dade County Lake Belt Area and delineated in 373.4149(3),
23 Florida Statutes. Land uses in this excluded area shall be
24 compatible with the Dade County Lake Belt Plan.
25 Section 48. Subsection (8) is added to section
26 373.421, Florida Statutes, to read:
27 373.421 Delineation methods; formal determinations.--
28 (8) Whenever the location of a wetland delineation,
29 approved or performed by the department or the district, is
30 certified pursuant to chapter 471 or chapter 472, the
31 delineation shall be accepted as a formal determination
53
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 pursuant to section 373.421(2) or shall be accepted or as part
2 of a permit issued pursuant to this part.
3 Section 49. Subsections (8) and (9) are added to
4 section 373.139, Florida Statutes, to read:
5 (8) The Legislature declares that the Kissimmee River,
6 Florida Project as identified in the Project Cooperation
7 Agreement between the Department of the Army and the South
8 Florida Water Management District, dated March 22, 1994, and
9 the C-111 Project as identified in the Central and Southern
10 Florida Flood Control Project Real Estate Design Memorandum
11 Canal 111, South Dade County, Florida are in the public
12 interest, for a public purpose and are necessary for the
13 public health and welfare. The governing board of the district
14 is empowered and authorized to acquire fee title or easement
15 by eminent domain for the limited purpose of implementing the
16 Kissimmee River, Florida Project and the C-111 Project, more
17 fully described above, and the acquisition of real property,
18 including by eminent domain, for these objectives constitutes
19 a public purpose for which it is in the public interest to
20 expend public funds.
21 (9) Through July 1, 2000, the South Florida Water
22 Management District may disburse state or district funds to
23 any agency or department of the Federal Government in any
24 agreement or arrangement to take property or any interest
25 therein by eminent domain, pursuant to federal law, unless
26 such arrangement diminishes or deprives a person or entity of
27 any right, privilege, or compensation that they would
28 otherwise have if the property or interest was taken by
29 eminent domain under Florida law. This subsection shall not
30 apply to federal grant funds received by the state or
31 district.
54
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 Section 50. If any provision of this act or the
2 application thereof to any person or circumstance is held
3 invalid, the invalidity shall not affect other provisions or
4 applications of the act which can be given effect without the
5 invalid provision or application, and to this end the
6 provisions of this act are declared severable.
7 Section 51. Legislative intent.--The Legislature
8 recognizes that the purchase of a boat or other waterborne
9 vessel is a major consumer purchase and that a defective boat
10 or other waterborne vessel creates a hardship for the
11 consumer. The Legislature recognizes that a review of such
12 considerations as industry practices, existing regulations,
13 the extent of consumer abuse or unfair trade practices, if
14 any, and fiscal impact is necessary in order to determine
15 whether adoption of a cost-effective system will benefit the
16 residents of this state.
17 Section 52. Notwithstanding the proviso language
18 preceding line item 1061 of HB4201 to the contrary, the
19 Florida Boating Advisory Council, in lieu of the Attorney
20 General, shall conduct a series of workshops that shall
21 include broad representation from the marine manufacturing
22 industry and vessel sales and service industry (dealers) and
23 consumers. The Department of Agriculture and Consumer Services
24 shall appoint representation to the workshops.
25 (2) By March 1, 1999, the Florida Boating Advisory
26 Council shall report to the Legislature the findings and
27 recommendations resulting from these workshops.
28 (3) Upon submission of the report to the Legislature,
29 this section shall stand repealed.
30 Section 53. Paragraph (c) of subsection (1) of section
31 206.606, Florida Statutes, is amended to read:
55
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 206.606 Distribution of certain proceeds.--
2 (1) Moneys collected pursuant to ss. 206.41(1)(g) and
3 206.87(1)(e) shall be deposited in the Fuel Tax Collection
4 Trust Fund created by s. 206.875. Such moneys, exclusive of
5 the service charges imposed by s. 215.20, and exclusive of
6 refunds granted pursuant to s. 206.41, shall be distributed
7 monthly to the State Transportation Trust Fund, except that:
8 (c) $1.5 million per year shall be transferred to the
9 Board of Regents and shall be spent solely for purposes of s.
10 334.065.
11 Section 54. When the Department of Transportation
12 receives federal funds through reauthorization of the Federal
13 Intermodal Surface Transportation Efficiency Act, the
14 department shall expend $5,000,000 from the State
15 Transportation Trust fund for Orlando Area Metropolitan
16 Planning Organization project No. 5147232, for the
17 construction of an interchange on Interstate 4 at Conroy Road.
18 Section 55. This act shall take effect upon becoming a
19 law unless otherwise provided.
20
21
22 ================ T I T L E A M E N D M E N T ===============
23 And the title is amended as follows:
24 Delete everything before the enacting clause
25
26 and insert:
27 A bill to be entitled
28 An act relating to transportation; creating s.
29 316.0815, F.S.; providing publicly owned
30 transit vehicles right of way when reentering
31 traffic flow; amending s. 318.15, F.S.;
56
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 authorizing tax collectors to collect driver's
2 license reinstatement fees; amending s. 318.18,
3 F.S.; providing that fines for construction
4 zone speed violations shall be doubled only
5 under certain circumstances; amending s.
6 334.0445, F.S.; extending the time period for
7 the model career service classification and
8 compensation plan in the Department of
9 Transportation; amending s. 335.0415, F.S.;
10 clarifying the jurisdiction and responsibility
11 for operation and maintenance of roads;
12 amending s. 337.11, F.S.; providing that
13 consultants may be covered by the department's
14 owner controlled insurance plan; amending s.
15 337.185, F.S.; increasing the amount of a
16 contractual claim that goes to the State
17 Arbitration Board; allowing the department to
18 select an alternate to serve as the
19 department's representative on the board;
20 revising compensation for serving on the board;
21 amending the fee schedule for arbitration;
22 amending s. 337.19, F.S.; authorizing suits to
23 be brought against the department for the
24 breach of an expressed provision or an implied
25 covenant; providing that no liability may be
26 based on an oral modification of the written
27 contract; amending s. 337.29, F.S.; providing
28 for intergovernmental indemnification; amending
29 s. 337.403, F.S.; authorizing the Department of
30 Transportation to participate in the cost of
31 clearing and grubbing with utilities prior to
57
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 construction of a transportation facility;
2 amending s. 338.223, F.S.; clarifying certain
3 procedures for hardship and protective
4 purchases; amending s. 338.229, F.S.;
5 authorizing the department to restrict the
6 sale, transfer, lease, or other disposition of
7 any part of the turnpike system; amending s.
8 479.01, F.S.; redefining the terms "commercial
9 or industrial zone" and "unzoned commercial or
10 industrial area" for the purposes of the laws
11 regulating outdoor advertising; providing
12 criteria for an unzoned commercial or
13 industrial area; amending s. 479.07, F.S.;
14 revising provisions related to reinstatement of
15 expired outdoor advertising permits; amending
16 s. 479.16, F.S.; providing a permit exemption
17 for certain outdoor advertising signs; amending
18 s. 832.06, F.S.; authorizing tax collectors to
19 seek prosecution against a person for writing a
20 worthless check for a driver's license or
21 identification card; amending s. 316.003,
22 F.S.; defining the term "neighborhood vehicle";
23 amending s. 316.091, F.S.; providing that on
24 specified highways certain commercial vehicles
25 may drive only in certain lanes; amending s.
26 316.1967, F.S.; reduces the number of
27 outstanding parking violations which trigger
28 the county clerk to report to the Department of
29 Highway Safety and Motor Vehicles; amending s.
30 320.01, F.S.; defining the term "agricultural
31 products"; amending s. 320.04, F.S.; providing
58
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 a service charge for validation stickers issued
2 by printer dispenser machines; amending s.
3 320.055, F.S.; revising registration renewal
4 period for certain vehicles; providing for
5 staggered fleet registration; repealing s.
6 320.065, F.S., relating to the registration of
7 certain rental trailers for hire and
8 semitrailers used to haul agricultural
9 products; amending s. 320.0657, F.S.; defining
10 the term "fleet"; providing registration fees;
11 providing penalties for late or improper
12 registration amending s. 331.304, F.S.;
13 revising the boundaries of spaceport territory;
14 adding certain property located in Santa Rosa,
15 Okaloosa, and Walton Counties to spaceport
16 territory; amending 322.28, F.S.; revising
17 language with respect to judicial stays on
18 administrative suspensions of driving
19 privileges; amending s. 334.044, F.S.;
20 providing specific rule-making authority;
21 repealing s. 334.044(15), F.S., relating to
22 certain rulemaking authority in Senate Bill
23 846; providing for application; amending
24 chapter 96-423, Laws of Florida; authorizing
25 the department to sell certain state property
26 and directing the proceeds of the sale to the
27 State Transportation Trust Fund; providing for
28 transfer of funds; amending 206.46, F.S.;
29 creating the Clean Fuel Florida Task Force;
30 providing for appointment of members; providing
31 for meetings and responsibilities; providing
59
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 purpose; amending s. 320.06, F.S.; authorizing
2 PRIDE to manufacture and distribute additional
3 tags and decals; identification card; amending
4 s. 73.0511, F.S.; providing requirements with
5 respect to prelitigation; providing
6 prelitigation notice to fee owners; providing
7 for prelitigation offer to fee owners;
8 repealing s. 337.27(2), F.S., which provides
9 for the acquisition of lands and property;
10 repealing s. 337.271, F.S., which provides for
11 negotiations for acquisitions by the Department
12 of Transportation; repealing s. 348.0008, F.S.,
13 which provides for the acquisition of lands and
14 property in the Florida Expressway Authority
15 Act; repealing s. 348.759(2), F.S., which
16 provides for the acquisition of lands or
17 property by the Orlando-Orange County
18 Expressway Authority; repealing s. 348.957(2),
19 F.S., which provides for the acquisition of
20 lands or property by the Seminole County
21 Expressway Authority; amending s. 253.82, F.S.;
22 providing for all transportation easements
23 acquired under the Murphy Act to be conveyed to
24 the Department of Transportation or the
25 governmental entity currently having title to
26 the adjacent roadway; requiring the
27 establishment of a procedure for review of
28 deeds containing transportation reservations
29 acquired under the Murphy Act; setting
30 requirements for the review process; providing
31 compensation for certain property owners where
60
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 the reservation denies current economic use of
2 the property; providing for mediation or
3 arbitration; amending ss. 712.04, 712.05, F.S.;
4 providing for the release of certain easements
5 held by governmental entities; providing for
6 preservation of certain road easement
7 reservations scheduled to begin within a
8 specified period; providing legislative intent;
9 providing a prohibition of towing under certain
10 circumstances; amending s. 320.0715, F.S.;
11 exempting certain commercial motor vehicles
12 from the International Registration Plan;
13 amending s. 373.4137, F.S.; requiring ongoing
14 annual submissions to the Department of
15 Environmental Protection and water management
16 districts by the Department of Transportation
17 of its adopted work program and inventory of
18 impacted habitats; authorizing inclusion of
19 habitat impacts of future transportation
20 projects; providing activities associated with
21 development of mitigation plans; requiring
22 water management districts to consult with
23 entities operating mitigation banks when
24 developing mitigation plans; providing that a
25 water management district's preliminary
26 approval of a mitigation plan does not
27 constitute a decision affecting substantial
28 interests; requiring mitigation plans to
29 include certain information; authorizing
30 exclusion of certain projects from the
31 environmental impact inventory; extending
61
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 certain mitigation funding through fiscal year
2 2004-2005; authorizing amendment of annual
3 mitigation plans for certain purposes;
4 providing for uses of funds not directed to
5 implement mitigation plans; deleting obsolete
6 provisions relating to a report; amending s. 86
7 of ch. 93-213, Laws of Florida; deleting a
8 scheduled repayment of funds previously
9 appropriated for startup costs of the National
10 Pollutant Discharge Elimination System program;
11 creating s. 373.4139, F.S.; providing
12 legislative findings and intent with respect to
13 a mitigation plan for the Dade County Lake Belt
14 Area to offset the impact of mining activities;
15 imposing a fee on the commercial extraction of
16 limerock and sand from the Dade County Lake
17 Belt Area; requiring the proceeds of the
18 mitigation fee to be paid to the Department of
19 Revenue; providing for transfer of proceeds of
20 the mitigation fee to the South Florida Water
21 Management District and deposited into the Lake
22 Belt Mitigation Trust Fund; providing for the
23 Department of Revenue to administer the
24 collection of the fee; authorizing the
25 department to adopt rules; providing for an
26 annual adjustment of the fee rate after a
27 specified date; specifying purposes for which
28 the proceeds of the mitigation fee may be used;
29 requiring that expenditures be approved by an
30 interagency committee; providing for membership
31 of the committee; providing that payment of the
62
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 fee satisfies certain requirements for
2 mitigation; providing for suspension of
3 imposition of the fee under certain
4 circumstances; requiring the interagency
5 committee to submit certain reports; amending
6 s. 373.4149, F.S.; providing additional
7 requirements for the Dade County Lake Belt
8 Plan; extending the term of the Dade County
9 Lake Belt Plan Implementation Committee;
10 deleting a requirement that the Department of
11 Environmental Protection develop a mitigation
12 plan to offset loss of wetlands due to rock
13 mining; excluding certain property from the
14 Dade County Lake Belt Area; amending s.
15 373.421, F.S.; providing that certain
16 delineations of wetlands shall be accepted as
17 formal determinations or as part of a permit
18 issued under Part IV of ch. 373, F.S.;
19 providing for the adoption of rules; amending
20 s. 373.139, F.S.; allowing the disbursement of
21 certain district funds or assets in eminent
22 domain proceedings under certain circumstances
23 for a specified period; providing standing to
24 sue for certain persons; providing a
25 declaration that the Kissimmee River Project is
26 in the public interest and for a public
27 purpose; authorizing certain eminent domain
28 proceedings; providing severability;
29 establishing legislative intent relating to a
30 review of marine vessel sales and protection of
31 consumers; requiring the Florida Boating
63
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SENATE AMENDMENT
Bill No. HB 4765, 2nd Eng.
Amendment No.
1 Advisory Council to conduct workshops and
2 report results to the Legislature; providing
3 for future repeal of workshop provisions;
4 providing for the expenditure of certain funds
5 for the construction of an interchange;
6 amending s. 206.606, F.S.; revising the
7 distribution of certain fuel tax proceeds;
8 providing federal funding for an Orlando
9 interchange project; providing effective dates.
10
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